The Third Nullifier:
Whoever does not make Takfeer on the mushrikīn, doubts their kuffr or thinks their madhhab is correct, disbelieves.
This is in three issues:
1. That he does not make Takfeer on the mushrikīn after their clear kuffr and this is from the category when he is shown and informed of their shirk.
2. That he doubts their kuffr and it indicates another category when added “or”, doubt being that the things in question are equal or no preference given over another.
3. “Thinks their madhhab is correct”, which is the most common because the first and second would fall under this. This is the one who says, “their madhhab is saheeh” or that “they are on the truth” or “every Deen except theirs’ is in vain.”
Two issues are required on the one who did not make Takfeer on the mushrikīn:
1. That the evidence of their kuffr is established from the Book and the Sunnah. He is then shown their kuffr and he does not make Takfeer on them, he disbelieves as stated by shaykh Sulaymān Ibnu ‘Abdullāh in Majmū Tawheed.
2. That he was not ignorant of their kuffr. He would not be like those who did not know of their kuffr, so if he is aware and does not make Takfeer, he disbelieves.
A mention of the ijmā’ on the kuffr of the one who does not make Takfeer on the mushrikīn is found in Al Qādī ‘Iyyad’s book Shifā. Ash-Shaykh Sulaymān Ibnu ‘Abdullāh letters on Īmān as well his Majmū Tawheed and Shaykhul Islām Ibnu Taymiyyah’s fatāwā.
Those kuffaar you must make Takfeer on are in two sections:
1. Those from whom the ‘Ulamā have an ijmā’ on their kuffr and it is all those who are not from Ahlul Qiblah, like the yahood or nasārā or majoos or sikh and other than them.
2. Those claimants of Islām from Ahlul Qiblah and they have in them clear kuffr and the ‘Ulamā have an ijmā’ on their Takfeer. The ijmā’ with regards to the groups, like the nusayriyyah. Shaykhul Islām Ibnu Taymiyyah said regarding them, “Indeed their kuffr is greater than that from the (Aslī) mushrikīn.” As well when the senior ‘Ulamā issued a fatwā on the kuffr of qādiyāniyyah (in our time) and as well the Pakistani government declared them kuffaar, like them are the drūz, bahā’iyyah, bābiyyah, rāfidah and bātiniyyah. The fatwā for the kuffr of the bahā’iyyah and bābiyyah was issued at the Islamic fiqh council in Makkah and they declared them kuffaar.
In the present day the secularists are kuffaar, they having committed a nullifier from the Deen, separating it completely from politics. Similar to them are the masonic movement, the communists, and the ba’thist, as well as the rāfidah and all groups who claim Islām but come with clear kuffr that the ‘Ulamā formed an ijmā’ doing Takfeer on them. Another group is the jahmiyyah and from the ‘Ulamā that said there is an ijmā’ in Takfeer on the jahmiyyah is ibnul Qayyim along with many others like Ibnu Mubārak. Where the difference in Takfeer on these is with regards to the general laymen of the groups that claim Islām but have clear kuffr in them. For instance, the general layman of the bātiniyyah, rāfidah, jahmiyyah and other than them from the different groups.
The ruling on the one who does not make Takfeer is explained in three sections:
1. Those the ‘Ulamā have ijmā’ on the kuffr who are not from Ahlul Qiblah like the yahood, nasārā and the hindus. So whoever does not do Takfeer on them then he is a kaafir. Ibnu Taymiyyah stated an ijmā’ and said, “Whoever doubts in the kuffr of the yahood, nasārā or the mushrikīn then he is a kaafir.” As well an ijmā’ was stated by Al Qādī ‘Iyyād in Shifā and he said, “Whoever does not make Takfeer on anyone from the yahood or nasārā and does not think they are in kuffr or doubts their kuffr is a kaafir.”
2. Those (groups and sects) that come with clear kuffr in them that the ‘Ulamā declared an ijmā’ on doing Takfeer on them from those who say lā ilāha illAllāh. This has a tafseel (explanation).
He has knowledge of their (the sects who affiliate themselves to Islām) kuffr, then he does not make Takfeer on them even after gaining that knowledge, then he is a kaafir. An ijmā’ was stated by Ibnu Taymiyyah in his book “Sārim Maslūl” and he mentioned, “Whoever did not declare the kuffr of those who attributed divinity to ‘Alī, disbelieved.” There is no doubt in the kuffr of those who didn’t declare their kuffr and that is evident based on the hadīth that whoever says lā ilāha illAllāh and disbelieves in everything else that is worshipped besides Allāh, his blood and wealth become Haraam, narrated in Muslim. His face and his honor does not become Haraam, along with this persons’ wealth and blood, until he disbelieves in everything that is worshipped other than Allāh and from kuffr, along with that making Takfeer on its people.
3. Those where the difference of opinion is regarding the general laymen of the different groups of bid’ah, like the jahmiyyah (and others mentioned). An example of this is one has knowledge of the adillah (proofs) showing their kuffr then it is wājib on him to declare their kuffr and if he does not this nāqid (nullifier) applies on him. But, if he does not declare their kuffr because he looked and weighed their kuffr and he believes that there is a barrier that prevents from making Takfeer right away, like them being laymen or they have a ta’weel or were mistaken or they are ignorant (hujjah not established on them), then this one it is not allowed to make Takfeer on straight away and this nāqid isn’t put on him.
Included in the categories of the mushrikīn are two:
1. The mushrik by Asl and he was never attributed to the Qiblah.
2. The mushrik Murtad and he came with an established act of kuffr and was from those who said lā ilāha illAllāh.
Whoever does not make Takfeer on the mushrikīn, doubts their kuffr or thinks their madhhab is correct, disbelieves.
This is in three issues:
1. That he does not make Takfeer on the mushrikīn after their clear kuffr and this is from the category when he is shown and informed of their shirk.
2. That he doubts their kuffr and it indicates another category when added “or”, doubt being that the things in question are equal or no preference given over another.
3. “Thinks their madhhab is correct”, which is the most common because the first and second would fall under this. This is the one who says, “their madhhab is saheeh” or that “they are on the truth” or “every Deen except theirs’ is in vain.”
Two issues are required on the one who did not make Takfeer on the mushrikīn:
1. That the evidence of their kuffr is established from the Book and the Sunnah. He is then shown their kuffr and he does not make Takfeer on them, he disbelieves as stated by shaykh Sulaymān Ibnu ‘Abdullāh in Majmū Tawheed.
2. That he was not ignorant of their kuffr. He would not be like those who did not know of their kuffr, so if he is aware and does not make Takfeer, he disbelieves.
A mention of the ijmā’ on the kuffr of the one who does not make Takfeer on the mushrikīn is found in Al Qādī ‘Iyyad’s book Shifā. Ash-Shaykh Sulaymān Ibnu ‘Abdullāh letters on Īmān as well his Majmū Tawheed and Shaykhul Islām Ibnu Taymiyyah’s fatāwā.
Those kuffaar you must make Takfeer on are in two sections:
1. Those from whom the ‘Ulamā have an ijmā’ on their kuffr and it is all those who are not from Ahlul Qiblah, like the yahood or nasārā or majoos or sikh and other than them.
2. Those claimants of Islām from Ahlul Qiblah and they have in them clear kuffr and the ‘Ulamā have an ijmā’ on their Takfeer. The ijmā’ with regards to the groups, like the nusayriyyah. Shaykhul Islām Ibnu Taymiyyah said regarding them, “Indeed their kuffr is greater than that from the (Aslī) mushrikīn.” As well when the senior ‘Ulamā issued a fatwā on the kuffr of qādiyāniyyah (in our time) and as well the Pakistani government declared them kuffaar, like them are the drūz, bahā’iyyah, bābiyyah, rāfidah and bātiniyyah. The fatwā for the kuffr of the bahā’iyyah and bābiyyah was issued at the Islamic fiqh council in Makkah and they declared them kuffaar.
In the present day the secularists are kuffaar, they having committed a nullifier from the Deen, separating it completely from politics. Similar to them are the masonic movement, the communists, and the ba’thist, as well as the rāfidah and all groups who claim Islām but come with clear kuffr that the ‘Ulamā formed an ijmā’ doing Takfeer on them. Another group is the jahmiyyah and from the ‘Ulamā that said there is an ijmā’ in Takfeer on the jahmiyyah is ibnul Qayyim along with many others like Ibnu Mubārak. Where the difference in Takfeer on these is with regards to the general laymen of the groups that claim Islām but have clear kuffr in them. For instance, the general layman of the bātiniyyah, rāfidah, jahmiyyah and other than them from the different groups.
The ruling on the one who does not make Takfeer is explained in three sections:
1. Those the ‘Ulamā have ijmā’ on the kuffr who are not from Ahlul Qiblah like the yahood, nasārā and the hindus. So whoever does not do Takfeer on them then he is a kaafir. Ibnu Taymiyyah stated an ijmā’ and said, “Whoever doubts in the kuffr of the yahood, nasārā or the mushrikīn then he is a kaafir.” As well an ijmā’ was stated by Al Qādī ‘Iyyād in Shifā and he said, “Whoever does not make Takfeer on anyone from the yahood or nasārā and does not think they are in kuffr or doubts their kuffr is a kaafir.”
2. Those (groups and sects) that come with clear kuffr in them that the ‘Ulamā declared an ijmā’ on doing Takfeer on them from those who say lā ilāha illAllāh. This has a tafseel (explanation).
He has knowledge of their (the sects who affiliate themselves to Islām) kuffr, then he does not make Takfeer on them even after gaining that knowledge, then he is a kaafir. An ijmā’ was stated by Ibnu Taymiyyah in his book “Sārim Maslūl” and he mentioned, “Whoever did not declare the kuffr of those who attributed divinity to ‘Alī, disbelieved.” There is no doubt in the kuffr of those who didn’t declare their kuffr and that is evident based on the hadīth that whoever says lā ilāha illAllāh and disbelieves in everything else that is worshipped besides Allāh, his blood and wealth become Haraam, narrated in Muslim. His face and his honor does not become Haraam, along with this persons’ wealth and blood, until he disbelieves in everything that is worshipped other than Allāh and from kuffr, along with that making Takfeer on its people.
3. Those where the difference of opinion is regarding the general laymen of the different groups of bid’ah, like the jahmiyyah (and others mentioned). An example of this is one has knowledge of the adillah (proofs) showing their kuffr then it is wājib on him to declare their kuffr and if he does not this nāqid (nullifier) applies on him. But, if he does not declare their kuffr because he looked and weighed their kuffr and he believes that there is a barrier that prevents from making Takfeer right away, like them being laymen or they have a ta’weel or were mistaken or they are ignorant (hujjah not established on them), then this one it is not allowed to make Takfeer on straight away and this nāqid isn’t put on him.
Included in the categories of the mushrikīn are two:
1. The mushrik by Asl and he was never attributed to the Qiblah.
2. The mushrik Murtad and he came with an established act of kuffr and was from those who said lā ilāha illAllāh.
[Taken from his sharh of the nullifiers of Islām - By Shaykh Al ‘Allāmah ‘Alī Al-Khudayr (fakk Allāhu asrah)]
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