9. Declaring People Non-Muslim (takfir): Some misunderstandings about takfir are a result of the exaggeration of some Salafi scholars in matters of takfir (declaring people non-Muslim), and in their exceeding of what Ibn Taymiyyah and Ibn Al-Qayyim have said in many important aspects. In brief, takfir can be summarised correctly as follows: a. Quintessentially in Islam, anyone who says: ‘There is no god but God; Muhammad is the Messenger of God’ is a Muslim and cannot be declared a non-Muslim. God says: ‘O you who believe, when you are going forth in the way of God, be discriminating and do not say to him who offers you peace: You are not a believer, desiring the transient goods of the life of this world. With God are plenteous spoils. So you were formerly, but God has been gracious to you. So be discriminating. Surely God is ever Aware of what you do.’ (Al-Nisa’, 4: 94). The meaning of ‘be discriminating’ in the above verse is to ask them: ‘Are you Muslims?’ The answer is to be taken at face-value without questioning or testing their faith. Moreover, the Prophet Muhammad said: ‘Woe to you! Look! After I die, do no return to being non-believers, striking each other’s necks30.’ The Prophet also said: ‘... so whoever says: “There is no god but God” saves himself and his wealth except as permitted by law, and his reckoning is with God.31’ Ibn Omar and the Lady Aisha also said: ‘Declaring the people of the Qiblah as non-Muslim is not permissible32.’ b. This issue is of the utmost importance because it is used to justify the spilling of Muslim blood, violating their sanctity, and usurping their wealth and rights. God says: ‘And whoever slays a believer deliberately, his requital is Hell, abiding therein, and God is wroth with him and has cursed him, and has prepared for him a mighty chastisement.’ (Al-Nisa’, 4: 93). Moreover, the Prophet said: ‘Whoever says to his brother “O disbeliever”, it will certainly be true of one of them33.’ God has warned, in the strongest terms, against killing anyone who verbally declares his Islam: ‘… And so if they stay away from you and do not fight you, and offer you peace, then God does not allow you any way against them.’ (Al-Nisa’, 4: 90). The Prophet warned against accusing people of polytheism and of taking up the sword against them; he said: ‘The person I fear for you the most is the man who has read the Qur’an … cast it off and thrown it behind him, and taken up the sword against his neighbour and accused him of polytheism34.’ It is not permissible to kill any Muslim, (nor indeed any human being), who is unarmed and a non-combatant. Usamah Ibn Zayd narrated that, after he killed a man who had said: ‘There is no god but God’, ‘the Prophet asked: “He said: ‘There is no god but God’ and you killed him?!” I replied: “O Messenger of God, he only said it out of fear of [our] arms.” He said: “Did you see inside his heart to know whether or not he meant it? 35”’ Recently, Shaker Wahib—who was affiliated with what was known at the time as the Islamic State in Iraq and the Levant (ISIL)—appeared in a YouTube video where he stopped unarmed civilians who said they were Muslims. He then proceeded to ask them the number of 29 Narrated by Muslim in Kitab al-Jihad, no. 1745. 30 Narrated by Al-Bukhari in Kitab al-Maghazi, no. 4403, and by Muslim in Kitab al-Iman, no. 66. 31 Narrated by Al-Bukhari in Kitab al-Jihad, no. 2946. 32 As related in Al-Hafiz Al-Haythami’s Majma’ Al-Zawa’id, (Vol. 1, p. 106). 33 Narrated by Al-Bukhari in Kitab al-Adab, no. 6104. 34 Narrated by Ibn Habban in his Sahih, (Vol. 1, p. 282). 35 Narrated by Muslim in Kitab al-Iman, no. 96. Another narration reads: ‘“Did you kill him after he said: ‘There is no god but God”. I said: “He was trying to save himself”. [The Prophet] kept repeating his words ...’. Narrated by Al-Bukhari in Kitab al-Maghazi, no. 4369. 10 prostrations (rak’ahs) in specific prayers. When they answered incorrectly, he killed them36. This is absolutely forbidden under Islamic Law and is a heinous crime. c. Peoples’ deeds are tied to the intent behind those deeds. The Prophet said: ‘Actions are but by intention, and every person will have what they intended …37.’ Furthermore, God says: ‘When the hypocrites come to you they say: ‘We bear witness that you are indeed the Messenger of God’. And God knows that you are indeed His Messenger, and God bears witness that the hypocrites truly are liars.’ (Al-Munafiqun, 63: 1). God thus describes the words of the hypocrites regarding the Prophet’s message—an indisputable fact—as lies, because their intention when saying it was to lie even though it is true in itself. It is a lie because they uttered with their tongues a truth that God knows their hearts reject. This means that disbelief requires the intention of disbelief, and not just absentminded words or deeds. It is not permissible to accuse anyone of disbelief without proof of the intention of disbelief. Nor is it permissible to accuse anyone of being a non-Muslim without ascertaining that intention. It is, after all, possible that the person was coerced, ignorant, insane or did not mean it. It is also possible that he misunderstood a particular issue. God says: ‘Whoever disbelieves in God after [having affirmed] his faith—except for him who is compelled, while his heart is at rest in faith—but he who opens up his breast to unbelief, upon such shall be wrath from God, and there is a great chastisement for them.’ (Al-Nahl, 16: 106). It is forbidden to interpret the implications of a person’s deeds; only the person himself or herself may interpret their own deeds—particularly when there is a difference of opinion among Muslims regarding that particular deed. It is also forbidden to declare others non-Muslim (takfir) based on any matter in which there is a difference of opinion among Muslim scholars. It is forbidden to declare an entire group of people non-Muslim. Disbelief applies only to individuals depending on their deeds and intentions. God says: ‘No laden soul will bear another’s load.’ (Al-Zumar, 39: 7). Finally, it is forbidden to declare people who do not doubt the disbelief of others, or refuse to declare them non-Muslim, as non-Muslim. The reason this point has been discussed in such detail is because you distributed the books of Muhammad bin Abdel-Wahhab as soon as you reached Mosul and Aleppo. In any case, scholars—including Ibn Taymiyyah and Ibn Al-Qayyim Al-Jawziyyah—distinguish between the actions of a disbeliever (kafir) and declaring people non-Muslim (takfir). Even if a person performs a deed that has elements of disbelief, this does not necessitate that that person be judged as a disbeliever for the reasons presented earlier. Al-Dhahabi38 related that his teacher, Ibn Taymiyyah, used to say near the end of his life: ‘I do not declare any member of the ummah non-Muslim ... The Prophet said: “Anyone who maintains his ablution is a believer”, so whoever observes the prescribed prayers with ablution is a Muslim.’ This is a crucial point; the Prophet said: ‘Subtle shirk [i.e. associating partners with God] is when a man stands to pray and embellishes his prayer for an onlooker39.’ He thereby described ostentation in prayer as ‘subtle shirk’, which is minor shirk. This minor shirk, which some worshippers fall into, is not considered major shirk and cannot lead to takfir or to being cast out of the fold of Islam. For other than prophets and messengers, everyone else worships God according to their capacity, and not as God deserves. God says: ‘They measured not God with His true measure …’ (Al-An’am, 6: 91); and: ‘And they will question you concerning the Spirit. Say: “The Spirit is of the command of my Lord. And of knowledge you have not been given except a little”.’ (Al-Isra’, 17: 85). Nevertheless, God accepts such worship. And people are not able to conceive of God , because: ‘…There is nothing like Him ...’ (Al-Shura, 42: 11); and: ‘Vision cannot attain Him, but He attains [all] vision ...’ (Al-An’am, 6:103). Nothing is known of Him except for what He has revealed through revelation (al-wahy) or He imparted to the Prophet Muhammad : ‘… He casts the Spirit of His command upon whomever He will of His servants …’ (Ghafir, 40: 15). So how can anyone take up a sword against others just because 36 YouTube video, youtube/watch?v=9yrVPE_-f9I , June, 2014. 37 Narrated by Al-Bukhari in Kitab Bad’ al-Wahy, no. 1; also narrated by Muslim in Kitab al-Imarah, no. 1907. 38 Al-Dhahabi’s Siyar A’lam Al-Nubala’, (Vol. 11, p. 393). 39 Narrated by Ibn Majah, Kitab al-Zuhd, no. 4204. 11 he or she believes that they do not worship God as He deserves? No one worships God as He deserves except by His permission. More fundamentally, the issue of shirk among the Arabs is moot, as the Prophet said: ‘The Devil has lost hope that those who pray in the Arabian Peninsula will worship him, but [aims] to sow discord among them40.’ 10. People of the Scripture: Regarding Arab Christians, you gave them three choices: jizyah (poll tax), the sword, or conversion to Islam. You painted their homes red, destroyed their churches, and in some cases, looted their homes and property. You killed some of them and caused many others to flee their homes with nothing but their lives and the clothes on their backs. These Christians are not combatants against Islam or transgressors against it, indeed they are friends, neighbours and co-citizens. From the legal perspective of Shari’ah they all fall under ancient agreements that are around 1400 years old, and the rulings of jihad do not apply to them. Some of their ancestors fought alongside the Prophet’s army against the Byzantines; and thus have been citizens of the State of Medina since that time. Others are under agreements that were guaranteed to them by Omar ibn Al-Khattab, Khalid ibn Al-Walid, the Umayyads, the Abbasids, the Ottomans and their respective states. In short, they are not strangers to these lands, but rather, of the native peoples of these lands from pre-Islamic times; they are not enemies but friends. For the past 1400 years they have defended their countries against the Crusaders, colonialists, Israel and other wars, how, then, can you treat them as enemies? God says in the Qur’an: ‘God does not forbid you in regard to those who did not wage war against you on account of religion and did not expel you from your homes, that you should treat them kindly and deal with them justly. Assuredly God loves the just.’ (Al-Mumtahanah, 60: 8). As for jizyah, there are two types of jizyah in Shari’ah (Islamic Law). The first type is that which is levied while the subjects are ‘readily being subdued’. This applies to those who fought Islam, as is understood from God’s words: ‘Fight those who do not believe in God, nor in the Last Day, and who do not forbid what God and His Messenger have forbidden, nor do they practise the religion of truth, from among of those who have been given the Scripture, until they pay the jizya tribute, readily being subdued.’ (Al-Tawbah, 9: 29). As is clarified by a preceding verse in this Surah (chapter of the Qur’an), those intended by this verse are parties who pre-emptively attacked Muslims: ‘Will you not fight a people who broke their oaths and intended to expel the Messenger - initiating against you first? Are you afraid of them? God is more worthy of your fear if you are believers.’ (Al-Tawbah, 9:13)41. The second type of jizyah is levied on those who do not wage war against Islam; it is levied on them instead of zakat (which only Muslims pay and which is higher in percentage than the jizyah) through a covenant and without harshness. Omar ibn Al-Khattab agreed to call it ‘charity’ (sadaqah). The jizyah is then deposited to the state treasury and is distributed among citizens, including needy Christian citizens as Omar did during his caliphate42. 11. Yazidis: You fought the Yazidis under the banner of jihad but they neither fought you nor Muslims. You considered them satanists and gave them the choice to either be killed or be forced into Islam. You killed hundreds of them and buried them in mass graves. You caused the death and suffering of hundreds of others. Had it not been for American and Kurdish intervention, tens of thousands of their men, women, children and elderly would have been killed. These are all abominable crimes. From the legal perspective of Shari’ah they are Magians, because the Prophet said: ‘Treat them as you treat People of the Scripture43.’ Thus they are People of the Scripture. God says: ‘Truly those who believe, and those of Jewry, and the Sabaeans, and the Christians, and 40 Narrated by Muslim in Kitab Sifat al-Qiyamah wal-Jannah wal-Nar, no. 2812. 41 Al-Tabari says in his Tafsir (Vol. 6, p. 157): ‘In God’s words: “Fight those who do not believe in God, nor in the Last Day ...” there is no negation of the meanings of pardon and amnesty ... If they agree to being subdued and pay the jizyah after combat, it is permissible to order that they be pardoned for intended treachery or oaths they planned to break as long as they do not wage war without paying the jizyah or refuse to follow laws that apply to them. 42 Jurists permitted the lifting of the jizyah if some of them joined the Muslim army, as happened in the time of Omar bin Al-Khattab. 43 Narrated by Al-Imam Malik in al-Muwatta’, in Kitab al-Zakat, no. 617, and by Al-Shafi’i in his Musnad, no. 1008. 12 the Magians and the polytheists - God will indeed judge between them on the Day of Resurrection. Assuredly God, over all things, is Witness.’ (Al-Hajj, 22: 17). Even if you doubt that they are People of the Scripture, from the legal perspective of Shari’ah, many scholars of the Pious Forebears considered them to be commensurate with Magians based on the aforementioned Hadith. The Umayyads even considered Hindus and Buddhists to be dhimmis. Al-Qurtubi said: ‘Al-Awza’i said: “Jizyah is levied on those who worship idols and fire, as well as on unbelievers and agnostics.” This is also the Maliki position, for Imam Malik’s opinion was that jizyah is levied on all idol worshippers and unbelievers, be they Arab or non-Arabs … except for apostates44
Posted on: Tue, 30 Sep 2014 18:46:36 +0000
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