Monday, November 10, 2008

Heresy, Apostasy & Misuse of Blasphemy Law - 1

Saghir Shaikh wrote:

Please Sign an Online Petition to Investigate the lynching of a Sindhi Hindu


I would like to sign the following petition asking for a thorough
investigation over the murder of a Sindhi Hindhu in Karachi.

After signing please forward it to relevant folks on your mailing list.

Here is the story


Saghir Shaikh

Dear Saeen Sheikh Sahab,

Administring Justice and awarding punishment is the responsibility of the Ruler/State [even in the harshest Islamic State] not of the Masses or Mullahs. A detail view is as under for kind perusal. I guarantee you that those who have done the above deed would also have been the most ignorant about Islam, Quran and Shariah.

This is more appropriate instead of declaration of Apostasy

Call unto the way of thy Lord with wisdom and fair exhortation, and reason with them in the better way. Lo! thy Lord is Best Aware of him who strayeth from His way, and He is Best Aware of those who go aright. [AN-NAHL (THE BEE) Chapter 16 - Verse 125]


THE ISSUE OF APOSTASY [Yaani Takfeer Karna]

1 - The Takfiris make unlicensed Takfeer of Governments and scholars and call the common-folk to bloody revolution as a way to remove such governments and establish Islaamic Law.

2- Al-Khawaarij

3- Characteristics of Al-Khawaarij

4- Khawarij Renewed Indeology.

“The judgement of apostasy and expelling someone from the religion is only appropriate for the people of knowledge who are firmly grounded in knowledge, and they are the judges in the various Sharee’ah law courts, and those who are able of giving legal verdicts. And this is just like the other matters, and it is not the right of every person, or from the right of those who are learning, or those who ascribe themselves to knowledge, but who have deficiency in understanding. It is not appropriate for them to make judgements of apostasy (upon others). Since, mischief will arise from this, and sometimes a Muslim might be judged as an apostate but he is not actually so. And the takfir of a Muslim who has not committed one of the nullifications of Islaam 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 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 (wullaat al-amr). As for whatever is other than this, then it is mere confusion.”

“Meting out the punishments is only appropriate for the leader of the Muslims and it is not for every person to establish the punishment, since confusion, and corruption necessarily follows from this, and also the cutting off of the society, tribulations and provocations occur. Establishing the punishments is appropriate (i.e. befits only) to the Muslim leader. The Prophet (sallallaahu alaihi wasallam) said, “Pardon each other for the punishments that are between you, but when the execution of the punishment reaches the [authority of the] Sultaan, then Allaah curses both the one who seeks intercession and the one who grants the intercession [i.e. to revoke the punishment]”. And from the responsibilities of the Sultaan in Islaam, and from those matters that befit him is the establishment of the punishments after they have been established legislatively, via the Sharee’ah law courts, upon the one who fell into the crime for which the legislator has designated a specific punishment, such as for stealing. So what has been said is that establishing the punishments (i.e. meting them out) is from the rights of the Sultaan, and when the Muslims do not have a Sultaan amongst them, then they should just suffice with commanding the good and forbidding the evil, and calling to Allaah, the Might and Majestic, with wisdom, good admonition and arguing with that which is best. And it is not permissible for individuals (in the society) to establish the hudood, since that, as we have mentioned, will bring about chaos, and also provocations, and tribulations will arise, and this contains greater corruption than it contains rectification. And from amongst the Sharee’ah principles that are submitted to is, “Repelling the harmful things takes precedence over bringing about the beneficial things”.

Who are Kaafirs [Infidels]? Is it correct to declare any Muslim because of Sins?

What makes Muslim a Kaafir?

1 – Shirk or associating others in worship with Allaah. Allaah says (interpretation of the meaning):

“Verily, Allaah forgives not (the sin of) setting up partners (in worship) with Him, but He forgives whom He wills, sins other than that, and whoever sets up partners in worship with Allaah, has indeed strayed far away” [al-Nisa’ 4:116]

“Verily, whosoever sets up partners (in worship) with Allaah, then Allaah has forbidden Paradise to him, and the Fire will be his abode” [al-Maa’idah 5:72]

That includes praying to the dead, seeking their help, making vows and offering sacrifices to them or to the jinn or to the grave.

2 – Whoever sets up intermediaries between himself and Allaah, asks them to intercede, and puts his trust in them, is a kaafir according to scholarly consensus.

3 – Whoever does not regard the mushrikeen as kaafirs, or doubts that they are kaafirs, or regards their way as correct, is a kaafir.

4 – Whoever believes that anything other than the teaching of the Prophet (peace and blessings of Allaah be upon him) is more complete than his teachings, or that the rulings of anyone else are better than his rulings – such as those who prefer the rule of false laws to his rulings – is a kaafir.

5 – Whoever hates any part of that which the Prophet (peace and blessings of Allaah be upon him) brought, even if he acts in accordance with it, is a kaafir, because Allaah says (interpretation of the meaning):

“That is because they hate that which Allaah has sent down (this Qur’aan and Islamic laws); so He has made their deeds fruitless” [Muhammad 47:9]

6 – Whoever makes fun of anything in the religion of the Prophet (peace and blessings of Allaah be upon him), or makes fun of any texts that refer to rewards or punishments, is a kaafir. The evidence for that is the verse (interpretation of the meaning):

“Say: Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?

Make no excuse; you disbelieved after you had believed” [al-Tawbah 9:65-66]

7 – Sihr (witchcraft) – including spells to turn one person against another or to make someone love another. Whoever does this or approves of it is a kaafir. The evidence for that is the verse (interpretation of the meaning):

“but neither of these two (angels) taught anyone (such things) till they had said, ‘We are for trial, so disbelieve not (by learning this magic from us)’” [al-Baqarah 2:102]

8 – Supporting the mushrikeen and helping them against the Muslims. The evidence for that is the verse in which Allaah says (interpretation of the meaning):

“O you who believe! Take not the Jews and the Christians as Awliyaa’ (friends, protectors, helpers), they are but Awliyaa’ of each other. And if any amongst you takes them (as Awliyaa’), then surely, he is one of them. Verily, Allaah guides not those people who are the Zaalimoon (polytheists and wrongdoers and unjust)” [al-Maa'idah 5:51]

9 – Whoever believes that some people are allowed to operate outside the law of Muhammad (peace and blessings of Allaah be upon him) just as al-Khidr operated outside the law of Moosa (peace be upon him) is a kaafir, because Allaah says (interpretation of the meaning):

“And whoever seeks a religion other than Islam, it will never be accepted of him, and in the Hereafter he will be one of the losers” [Aal ‘Imraan 3:85]

10 – Turning away from the religion of Allaah, not learning it and not acting in accordance with it. The evidence for that is the verse (interpretation of the meaning):

“And who does more wrong than he who is reminded of the Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) of his Lord, then turns aside therefrom? Verily, We shall exact retribution from the Mujrimoon (criminals, disbelievers, polytheists, sinners)” [al-Sajdah 32:22]

Courtesy: Late Sheikh Abdullah Bin Baz

The Fastest Way to Leave Islam:

About calling other Muslims "kafir," we read the following hadith: It is reported on the authority of Ibn `Umar that the Prophet (may peace and blessings be upon him) said: Any person who calls his brother: O Unbeliever! (then the truth of this label) would return to one of them. If it is true, (then it is) as he asserted, (but if it is not true), then it returns to him (and thus the person who made the accusation is an Unbeliever). [Muslim]

The Messenger sallallaahu 'alayhi wa sallam said: "He who says to his brother 'O Disbeliever' , then it returns upon one of them." [Al-Bukhaaree, Muslim, Maalik, at-Tirmidhee and Abu Dawood] He also said:

"And he who accuses a believer of Kufr (disbelief) then it is like killing him." [Al-Bukhaaree]

Imaam an-Nawawee said, "They differ as regards interpretation of this "returning", so it is said, "Kufr returns upon him if he is making that lawful", and this is far from the context of the narration, and it is said, "it is taken to refer to the Khawaarij", since they declare believers to be Kaafiroon (disbelievers) ."[Abbreviated from an-Nawawee's "Sharh" (explanation) of Saheeh Muslim]

Imaam al-Haafidh (Ibn Hajr) says, "And what is correct is that the hadith (narration from the Messenger sallallaahu 'alayhi wa sallam was said as a warning against a Muslim saying that to his brother. It is said, "What returns upon him is his speaking ill of his brother and the sin of declaring him a kaafir (disbeliever) ", and this is reasonable. It is also said, "It is to be feared that this will lead him into kufr", just as it is said, "sins leads towards kufr". Thus it is feared that if he continues in that and persists in it then he will have a bad end.

I prefer from these sayings that it refers to the one who says it to someone from whom nothing is known except Islaam and there is no justification or reason for him to claim that he is a kaafir. So in such a case he becomes a kaafir himself because of that, and this will be explained. So the meaning of the hadith is that his judgement of takfeer (making someone a kaafir) returns upon himself, so what is meant is takfeer not kufr. So it is as if he passed judgement of kuft upon himself since he passed this judgement on one who is like him (ie. a muslim)"[Abbreviate d from "Fathul-Baaree]
Imaam ash-Shawkaanee said, "Judging that a Muslim has left Islaam and entered into Kufr is something that is not fitting for a Muslim who believes in Allaah and the Last Day except with a proof (Burhaan) which is clearer than the daytime sun, since it is established in the authentic hadith reported by a group of Companions that he who says to his brother "O Kaafir!" Then it returns back to one of them." In another wording, "Whoever addresses a man with Kufr, or says 'Enemy of Allaah' and he is not that, then it returns back upon him [Muslim]

Messenger sallallaahu 'alayhi wa sallam: "Abusing a Muslim is open sin and killing him is kufr" [Al-Bukhaaree and Muslim.]

And in relation to his saying:

"The Muslim is the Brother of a Muslim, he does not oppress or forsake him." [Muslim]

Also in relation to his saying:

"All of the Muslim to the Muslim is inviolable; his blood, his wealth and his honour." [Muslim, Abu Daawood and At-Tirmidhee]

Imaam Al-Qurtubee says in his tafseer (exegesis/explanati on) of Sooratul Hujuraat: " ... and His (Allaah) saying: "lest your deeds be rendered fruitless while you perceive it not'." [Soorah al-Hujuraat 49:2]

does not mean that a person becomes a kaafir without knowing since just as a person does not become a believer except through choosing eemaan (faith) over kufr, then likewise a believer does not become a kaafir without intending kufr and choosing it, and there is consensus (ijma') regarding this."[Tafseer of al-Qurtubee]

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