Making Takfir

Making Takfir upon another Muslim

It's conditions and punishment

By Sami Zaatari

In Islamic law making takfir or takfeer is the act of declaring a Muslim individual or Muslim group as being kaffirs i.e. non Muslims. Takfir can be done on Muslims living at the present moment, or Muslims who lived in the past.

Making takfir upon Muslims is not a light issue, and there are several conditions which are needed before takfir can be declared. Secondly, the making of takfir upon other Muslims is reserved for those who have a lot of Islamic knowledge such as the Ulema and Sheikhs, Muslims should not take it upon themselves to call other Muslims kaffirs when they don't have the proper qualifications to do so.

Before moving on as to show what the scholars say about making takfir upon another Muslim, I would first like to show what the punishment is if takfir is done upon an innocent Muslim who is not a kaffir but a Muslim. From the authentic hadiths of the prophet:

Volume 8, Book 73, Number 71:

Narrated Abu Dhar:

That he heard the Prophet saying, "If somebody accuses another of Fusuq (by calling him 'Fasiq' i.e. a wicked person) or accuses him of Kufr, such an accusation will revert to him (i.e. the accuser) if his companion (the accused) is innocent." ( Sahih Bukhari)

Sahih Muslim Book 001, Number 0116:

It is reported on the authority of Ibn 'Umar that the Apostle (may peace and blessings be upon him) observed: When a man calls his brother an unbeliever, it returns (at least) to one of them.

So as you can see, the punishment of wrongly calling another Muslim is severe, and that if you are wrong and that the Muslim you call a kaffir is not a kaffir then you yourself become the kaffir, which means you shall die in a state of unbelief and be thrown in the hell-fire. So this is why making takfir should be done by those who have a great deal of Islamic knowledge such as the Ulema and sheikhs.

With all that said we now show what the scholars have to say about takfir and its conditions.

Sheikh Ibn Uthaimeen said in his Majmoo al-Fataawaa, 2/125-126 :

Sheikh Ibn Uthaimeen, r.a., was asked, "The conditions for the judgement of takfeer of a Muslim? And the judgement upon the one who did any action that is mukaffir (i.e. expels from the religion) but only in jest (not seriously)?"

The sheikh replied by saying, "For the judgement of the takfeer of a Muslim, there are two conditions:

· The first, that the evidence that this matter is something that expels from the religion is established.

· The second, the application of the ruling upon the one who does that, in that he has knowledge of it and that he intends it (aaliman bidhaalik qaasidan lahu).

Thus, if he is ignorant, he does not become a disbeliever, due to His saying, "And whoever contends with the Messenger after the guidance has been made clear to him, and he follows a path other than the path of the believers, We shall leave him in the path he has chosen and land him in Jahannam, an evil refuge" (4:115) and His saying, "And Allaah is not one to misguide a people after He has guided them, until He explains to them that which they should avoid." (9:115), and His saying, "And We never punish until we have sent a Messenger." (17.15).

However, when this person is neglectful in abandoning learning and attaining clarity, he is not to be excused. Such as when it reaches him that this action of his is kufr, and then he does not verify it (that it is as such), and nor does he investigate, then in this situation, he is not to be excused.

And if he did not intend (ghayr qaasid) the action (i.e. wilfully, knowingly, deliberately), then he does not become a disbeliever. He does not become a disbeliever. Such as for example, when he is compelled to kufr while his heart is secure with Iman (faith), such as when his thinking becomes confused, so he does not know what he is saying, due to extreme joy and what is like that. Or such as the man with the camel who lost it, then he sat under the tree, waiting for death, and then he finds it tied to the tree, and so he takes it, then he said, "O Allah, you are my servant and I am your lord", so he erred due to extreme joy.

However, the one who did something that expels from the religion, only in jest (maazihan), then he becomes a disbeliever, because he intended that [action or statement] (qasada dhaalik), as has been textually stated by the people of knowledge."

So as you can see, a Muslim who makes statements out of Kufr because he doenst have a lot of knowledge concerning an issue does not become a kaffir. However so if this person is given proof of his mistake with clear evidences by the Quran and Sunnah, and he persists to continue in his kufr then he is not excused. So this is why Muslims should not be so quick to call a fellow Muslim a kaffir for making absurd statements regarding Islamic issues, rather we should speak with them in a kind manner and refute them with clear evidences. Also if the Muslim makes a statement of kufr or an act of kufr but his heart still has iman then he is still not a kaffir and neither should he be called as such, verily Allah is merciful.

So therefore this should make it clear to all Muslims that we should NEVER call a Muslim a kaffir at once when they make glaring mistakes concerning Islam, rather we should teach them and correct them and bring them back to the straight path not condemn them and kick them out which will simply alienate them and make their hearts harder!

Furthermore, Sheikh GF Haddad writes:

This reply is in two parts, the first are some primary texts and the second some Hanafi fatwas on the issue.

Imam Abu al-Qasim ibn `Asakir narrates in Tabyin Kadhib al-Muftari (p. 373-) with his chains:

1. >From Khaddash ibn `Iyash:

We were sitting in a circle in al-Kufa when a man among us said: "We were sitting with Abu Hurayra whereupon a young man passed by. A man sitting with us said: 'This is a Kafir from among the people of the Fire.' Abu Hurayra rose and went to speak with the young man, asking him: 'Who are you?' He replied: 'Son-and-so, son of So-and-so.' Abu Hurayra said: 'Allah have mercy on your father!' The young man was looking around, so he asked him: 'What are you looking for?' He replied: 'I have not prayed yet.' Abu Hurayra said: 'So you pray?' The young man replied: 'Subhan Allah!' Abu Hurayra: 'And you say Subhan Allah?' He said: 'La Ilaha illAllah!!' Abu Hurayra: 'And you say La Ilaha illAllah?' The young man said: 'I would prefer not to leave Salat even if I were given all there is on the face of the earth.' Abu Hurayra said: 'Allah have mercy on you. Allah have mercy on you. Allah have mercy on you.' Then he came back to his seat in the circle and said: 'I heard the Messenger of Allah say: "Whoever bears testimony against a Muslim of which the latter is not deserving, let him prepare for his seat in the Fire."'"

2. >From `Ubayd Allah ibn `Umar, from Nafi`:

A man said to Ibn `Umar: "I have a neighbor who bears witness against me that I commit shirk." He replied: "Say: 'La Ilaha illAllah,' you will make him a liar."

3. >From Sawwar ibn Shabib al-A`raji:

I was sitting in Ibn `Umar's house when a man came and said: "O Ibn `Umar! There are groups of people bearing witness against us and attributing to us kufr and shirk." Ibn `Umar replied: "Woe to you! Did you not say: 'La Ilaha IllAllah'?!" Whereupon the entire household began to say La Ilaha IllAllah until the house was shaking.

4. >From al-A`mash, from Abu Sufyan:

We came to see Jabir ibn `Abd Allah who lived in Makkah and resided with the Banu Fihr. A man asked him: "Did you [the Companions] use to call anyone from the People of the Qibla [i.e. Muslims], 'Mushrik'?" He replied: "I seek refuge in Allah." The man continued: "Did you call anyone from them 'Kafir'?" He said: "No."

So this should be enough for now. So therefore all Muslims should refrain from calling another Muslim a kaffir since this could lead you to the hell-fire.

And Allah Knows Best!