Professional Documents
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The Conditions Of
Takfir
By Abdul Kareem
Ibn Ozzie
In modern times takfir (classing another Muslim as a kaafir
(disbeliever)) has become very common among the takfires and those
influenced by them, especially takfir of the Muslim rulers. Sadly many
of those who make takfir do not understand the conditions of takfir,
so in this article the five conditions for takfire will be outlined.
This first condition which is a scholar and only a scholar can perform
takfir al-muayyin of an individual Muslim is much disputed by the
takfires as they hate this condition because it means the bulk of their
dawah will get demolished.
This because the majority of their dawah is built around the fact the
Muslim rulers all being individual kuffaar (disbelievers) as declared
by the takfires (NOT THE SCHOLARS OF AHLUS SUNNAH). As the
takfires have no scholars among their ranks this condition would
mean in effect that all those rulers they made takfir of, are Muslim as
their takfirs have been all invalid as this condition has not been
fulfilled. Meaning the takfire dawah would be shattered.
The fact only the scholars have the right to make takfir is not an issue
for dispute as it is proven by the Quran, Sunnah, Qiyas (analogical
deduction), basic logic and the speech of the scholars.
To make takfir al-muayyin of an individual Muslim a high level of
knowledge is needed. Only the scholars have the right to make takfir
al-muayyin of an individual Muslim due to them possessing the high
level of knowledge needed to make this type of takfir.
The level of knowledge the scholars have on all areas of Islam is not
equalled by the laymen, daaeeis or students of knowledge.
Allah has truly made the scholars superior to the laymen, daaeeis or
students of knowledge as they are the inheritors of the all the
prophets. The scholars inherited the propets knowledge of Islam, thus
in the prophets time when they where alive only they had the right to
pass the judgement of takfir upon any individual follower of theirs as
they had the greatest knowledge.
Therefore after all of the prophets died only their inheritors (the
scholars) have some of this knowledge as this was their inheritance.
So the right to pass the judgement of takfir upon individual Muslims
also lays with the scholars has they have inherited the knowledge
from the prophets that gives them that right alone.
If there were no light upon this path the people would be terrified.
However, Allaah gave to them a guiding light with which they were
able to traverse this path in peace and safety.
Then came groups of people who also needed to traverse this path, so
they traversed it.
However, during this time the guiding light became extinguished and
the people returned to a state of darkness. So what would your
opinion be about their condition?
Most people do not know how to fulfil their obligatory duties, nor
how to avoid forbidden matters, nor how to worship Allaah correctly
(yet these same people think they can make takfir this is insanity); all
of this they learn from the scholars.
The reason Qiyas can be done between the rule that only scholars can
give a fatwa and the fact that only scholars can issue verdicts of takfir
is because Illah (the cause of ruling in the original case (the Asl)) is
exactly the same in the Far (the new case on which ruling is to be
given the new case is).
The Illah (the cause of the ruling in the original case (the Asl)) is
having a very high level of Islamic knowledge. The scholars have the
most knowledge of Islam out of the laymen, daaeeis or students of
knowledge so they are the only Muslim people who have the right to
give fatwa's (legal verdicts). Therefore it makes sense that the
scholars must also be the only Muslim people who have the right to
make takfir based on their superior knowledge of Islam.
The Qiyas is between the agreed upon (by the scholars) (Hukm) rule
that only scholars can do ijtihad and the (hukm). When there is no
clear rule in available in the text (Nass) of the Quran and the Sunnah,
then ijtihad is applicable. The subject matter of ijtihad is the practical
rules of the shariah not covered by the Quran, the Sunnah or ijmahs.
The Illah (the cause of the ruling in the original case (the Asl)) is
having a high level of Islamic knowledge. The scholars have the most
knowledge of Islam out of the laymen, daaeeis or students of
knowledge so they are the only Muslim people who have the right to
perform ijtihad.
As the Illah is present in the Asl and the Far is equally it means the
scholars should be the only Muslim people who have the right to
make takfir of individual Muslims based on their superior knowledge
of Islam, like wise based on the scholars superior knowledge of Islam
only they can perform ijtihad.
Plus making takfir upon an individual Muslim is reserved only for the
scholars due to two logical reasons;
to the required level the scholar has to explain the proofs to him
again and again until his understanding of them is correct,
the persons wilfulness in doing the action or saying the statement
The people best suited for the job of making takfir are those with the
most knowledge of the religion and they are the scholars.
The other reason only the scholars can make takfir of Muslims is
because of the dangers of incorrectly making takfir upon a Muslim. A
scholar, a student of knowledge, a daaeei or a layman could get takfir
wrong. However to minimise the danger of takfir being made
incorrectly the right to making takfir of an individual Muslim has
been left to the scholars as they are least likely to get takfir incorrect
as they have the most knowledge and the best understanding of the
Quran, the Sunnah and the Islamic principals in regards to takfir and
all other areas of Islam.
They should known they and the scholars are not on the same level in
regards to knowledge. Allah has raised the scholars above other men
due to their knowledge so Allah has given the right and responsibility
of takfir of individual Muslims to the scholars as a way of showing
that their level of knowledge (of Islam) is far superior to that of others
hence Allah has given them a right which others can never attain due
to their lack of knowledge.
The scholars occupy a noble status in Islam which is higher than the
position of others in this world and in the Hereafter. Allaah says,
“Allah will exalt in degree those of you who believe, and
those who have been granted knowledge” [al-Mujaadilah
58:11]
Due to the knowledge Allah has granted the scholars, Allah has raised
the scholars to such a high level that their sins are forgiveness without
them doing anything. The prophet said, “…all that is found in
the heavens and the earth and even the fish in the depth of
the water seek forgiveness for the scholar.” [Saheehul
Jaami #6297].
Since mischief will arise from this, and sometimes a Muslim might be
judged as an apostate but he is not actually so the takfir of a Muslim
who has not committed one of the nullifications of Islam contains
great danger. Whoever says to his brother “O Kaafir” or “O Faasiq”,
and he is not like that, then the words will fall back upon the one who
said them.
Hence, the ones who actually judge with apostasy are the legislative
judges (the scholars) and those who are able and fit for giving legal
verdicts. And as for those who enforce the judgements they are the
leaders of the Muslims. As for whatever is other than this, then it is
mere confusion.” Maraaji'aat fee Fiqh il-Waaqi... (comp. by Abdullaah
bin Muhammad ar-Rifaa'ee
There are other evidences which indicate the virtue of the Ulema
(scholars), their elevated position and the necessity to refer back to
them, especially in regards to newly-arisen issues.” Taken from the
shaykhs book Takfeer: Fee Daw’ is-Sunnah in-Nabawiyyah (n.p.,
2006 CE/1428 AH, 1st Edn.), pp.11-37.
As for making takfir of those individuals who are not Muslim they are
dived into two categories which are:
So in regards to the above two categories all of the Muslims not just
the scholars can and must make takfir of every individual in the above
two categories. The Muslims who refuse to make takfir of these
individuals it is feared they may themselves become a kuffaar like
these individuals due to this action of with holding from making
takfir.
The takfires wish to reject this condition because often they make
takfir of the Muslim rulers, governments and others and these takfirs
of theirs are always rejected by the scholars and as the scholars
believe their takfir of these individuals as unjustified.
So the takfires have never ever had an ijmah of the scholars on any of
their takfirs, so in order to make their takfirs seem legitimate they
claim it is not a condition for some ones (they should say a scholars
takfir but they rejected that condition) takfir to be correct that the
scholars have to have an ijmah on this takfir.
The oolul-amr (those in authority) are the scholars as they are the
authority in regards to religious affairs and the Muslim rulers as they
are the authority in regards to the worldly affairs.
So when a person makes takfir of anyone but especially the rulers and
governments like the takfires often do this is a matter of public
security so this matter must be returned to those who are in authority
(oolul-amr). Those in authority are the rulers and all of the scholars
so takfir must be returned to the scholars as they are the authority in
religious matters and then if they (the scholars) collectively
agree on a persons takfir then they can inform the ruler who is in
charge of the worldly matters so he can carry out the hudood for
apostasy on this individual.
Even though the takfires deny this condition the verse in surah an-
Nisaa (4:83) proves that takfir has to be referred back to the scholars
for the scholars agreed judgement. When all the scholars make and
agreed judgement on any issue it is known as an ijmah hence the
condition: there has to be ijmah (consensus) of the scholars of Ahlus
Sunnah on the takfir of an individual Muslim who was made takfir of
by a scholar Ahlus Sunnah.
Rather, they should refer such issues back to the Messenger (after his
death refers to his authentic Sunnah),
This is why Allaah said: "Then the proper people (the scholars
as they are the oolul-amr) would have investigated and
evaluated the matter from them."
Meaning: That they (the scholars) would (have) evaluated it with
there sound understanding, there firm and correct knowledge.
Those people are the scholars and the laymen, daaeeis or students of
knowledge are not from the people of who possess knowledge,
understanding, sound advice, intellect, maturity and composure;
those who understand the affairs and have knowledge of the
associated benefits and harms.
The reason for this they have been commanded by Allah to turn to the
scholars, so how then can they (the laymen, daaeeis or students of
knowledge) be people who can issue verdicts of takfir on individual
Muslims, when this is an issue of public safety on which only the
scholars can speak and have to agree upon.
He said, “There is no doubt that the scholars are the inheritors of the
Prophets except that they are not infallible and Allah instructed that
they be resorted back to
Even though the verdict of takfir may be issued by a scholar and held
as correct by some others it is not considered a binding fact upon
every Muslim to hold takfir of this individual as correct and
something to be followed unless ALL THE SCHOLARS OF
AHLUS SUNNAH AGREE on this individuals takfir. So takfir of no
Muslim can be established in this ummah as a fact if the scholars
differ over this person’s takfir.
Ibn Abdul Barr said, “The Quran and the Sunnah clearly forbid
making tasfeeq and takfir of a Muslim without ambiguity. Whoever’s
Islaam is affirmed at any given time according to the consensus of the
Muslims and then commits a sin or makes a false interpretation then
after that they (the scholars of Ahlus Sunnah wal Jamaah) differed
over whether the person had left Islaam or not.
But their difference was only after their consensus with a proof (that
the person did commit kufr of action (minor kufr) but uncertain
whether this person did kufr of belief (major kufr)), for one is not
agreed upon to have been expelled from Islaam except with another
agreed upon ruling (by the scholars of Ahlus Sunnah wal Jamaah), or
with an affirmed Sunnah which does not contradict the ruling.
Ahlus Sunnah wal Jamaah, who are the people of fiqh and athar, have
agreed on the fact that one is not expelled from Islaam due to
committing a sin, even if it be major.
How Should The Ummah Act After Takfir Has Been Made
Of A Muslim Individual & All The Conditions Of Takfir Have
Been Fulfilled
After all of the above conditions have been fulfilled and agreed upon
by all the scholars of Ahlus Sunnah Wal Jamaah, then and only then
can the students of knowledge, the daaeeis and the lay people believe
in their hearts and declare on their tongues that this person who was
made takfir of is a kaafir.
How Should The Ummah Act After Takfir Has Been Made
Of A Muslim Individual But Not All Of The Conditions Of
Takfir Have Been Fulfilled
As Once the Prophet (Mohammed) was riding his camel and a man
was holding its rein. The Prophet asked, "What is the day today?" We
kept quiet, thinking that he might give that day another name. He
said, "Isn't it the day of Nahr (slaughtering of the animals of sacrifice
i.e. Eid al-Adha)" We replied, "Yes." He further asked, "Which month
is this?" We again kept quiet, thinking that he might give it another
name. Then he said, "Isn't it the month of Dhul-Hijja?" We replied,
"Yes." He said, "Verily! Your blood, property and honour
are sacred to one another (i.e. Muslims) like the sanctity of
this day of yours, in this month of yours and in this city of
yours (I think the city is Mecca but it may be Medina Allah
knows best)." Recorded in Bukhari & Muslim.
Side Point: Warning Against Takfir
From Abee Dharr that he heard the Prophet say: “If somebody
accuses another person of Fusooq (evil doing) or accuses
him of Kufr, then such an accusation will revert to him (i.e.
the accuser) if his companion (the accused) is innocent of
that.” Bukhaaree hadeeth no. 6045
From Aboo Hurayrah that the Messenger of Allaah said: “If a man
says to his brother; “O kaafir” then it goes back to one of
them.” reported by Bukhaaree, hadeeth no.6103
In the Two Saheehs from Ibn Umar who said: the Messenger of
Allaah said: “Whenever a man says to his brother: “O
kaafir!” then it applies to one of them or it returns to the
one who actually said it first.” The hadeeth is agreed upon, Al-
Bukhaaree, as-Saheeh, hadeeth no.6104; Muslim, as-Saheeh,
hadeeth no. 111. In the narration of Muslim it is mentioned “if a
man makes takfeer of his brother”.
The Messenger of Allaah said “Whoever curses a believer it is
as if he has killed him and whoever accuses a believer of
kufr it is as if he has killed him.” Bukhaaree, hadeeth no.6105
If the accuser does not intend anything then the accused is not to be
made takfir of due to what the person manifests outwardly and the
accuser will be accusing without knowing what is in the person’s soul
(however the accuser would have still committed a major sin) .”
Ibn Aabideen stated, “One should not judge a Muslim with kufr
especially when his words can possibly be good, or there was a
difference of opinion in regards to the person’s kufr even with a weak
narration. Based on this, most of the relayed terms of takfire do not
justify takfire and I myself adhere to not give these rulings.”
Haashiyat Ibn ’Aabideen (Daar ul-Fikr, 1399 AH, 2nd Edn.), vol.4,
p.224