REGARDING SOMEONE WHO KNOWINGLY COMMITTED AN ACT THAT NULLIFIED HIS ISLAM IN PRIVATE
Friday, 19 September 2008
By Muhammad Baazmool
QUESTION: Regarding someone who knowingly committed an act that nullified his Islaam in private, does he consider himself to have left the religion, and that he needs to utter the testimony of faith again (i.e. retake his shahaadah)? And what about the prayers and fasting that he missed up until he retook his shahaadah – does he make them up or not?
ANSWER: (by Shaykh Muhammad ‘Umar Baazmool, Professor of Higher Studies at Umm al-Quraa University in Makkah):
الذي وقع في ناقض مع القدرة وعدم المانع فإنه يكفر، وعليه أن يجدد إسلامه والعبادات التي مرت عليه أثناء ذلك لا يلزمه القضاء فيها، والله اعلم.
أخوكم محمد بازمول
In the Name of Allaah
Anyone who fell into an act of apostacy, willingly and without excuse, has left Islaam. He must renew his Islaam (by uttering the shahaadah). The acts of worship he missed up until this time do not have to be made up, and Allaah knows best.
WHO IS A MURTADD
From: On Those Who Ought To Pronounce Takfir and Establish the Hadd Punishment
By Shaykh Salih al-Fawzaan
Source: Maraaji’aat fee Fiqh il-Waaqi… (comp. by Abdullaah bin Muhammad ar-Rifaa’ee, trans. Spubs.Com)
Question: O Respected Shaykh, who is the murtadd (apostate)? We hope for you to define it in a clear manner, for sometimes the judgement of apostasy can be made upon a person while there is some doubt that he had.
Shaykh Salih al-Fawzaan: “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.”
Question: Some of the students of knowledge are a bit lax towards applying the word of apostasy (riddah) to a Muslim, and this person might sometimes be asked by the Muslims to carry out the hadd punishment for apostasy – when the Sultaan does not carry it out – upon the one they consider deserves it, the one who has been judged with apostasy.
Shaykh Salih al-Fawzaan: “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”.
HIS WIFE HAS LEFT ISLAM
Shaykh ‘Abd-Allaah ibn Jibreen
Question: A brother came to me and Asked “What does he do if his wife told him that she no longer desires to be a muslim. She believes that there is a God but she does not want to be a Muslim. She said she does not care if it takes her to the Hell-Fire. She has stopped praying, remove the cover from her and her daughter(who is not his daughter), and said that they no longer follow Islam.” She has also said that she wants to move. Shaikh, we urgently need to know what to do. If she is guilty of ar-riddah, then how does it affect their marriage? Are they still married? Does she go into a state of Iddah? Can he be alone with her? Should he remain in the same home (she asked him to leave and she is bringing statues and other impermissible things into the home)? It could present fitnah and weaken his eemaan because of his emotions. We(the members of this community) definitely would appreciate a rapid response as there may be serious implications from the matter.
Answer: Praise be to Allaah. Undoubtedly if this is the case, she has chosen kufr over eemaan. She does not want to stay a Muslim and she is insulting Islam and its symbols, and going against its teachings. In this case she is a kaafir and an apostate, so it is not permissible for him to stay married to her, because Allaah says (interpretation of the meaning): “Likewise hold not the disbelieving women as wives” [al-Mumtahanah 60:10] i.e., if he has a kaafir wife, it is not permissible for him to stay married to her. He has to advise her and establish proof against her, then leave her. If he is in a place where there is an Islamic government and sharee’ah law, then he has to refer her case to the Muslim qaadi, for him to ask her to repent. If she does not repent then the ruling of Allaah should be carried out on her, which is execution, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever changes his religion [leaves Islam], execute him.” But if that is not possible and there is no Islamic rule or sharee’ah law in his country, then at least he should separate from her completely; it is not permissible for him to live with her after she has clearly stated her kufr.
HOW AN APOSTATE COMES BACK TO ISLAM
Shaykh ‘Abd al-Kareem al-Khudayri
Question: If a muslim converts to another religion and later decides to come back to Islam, what is the process that he/she needs to go through inorder to return to Islam???? Is there a certain time period within which he/she can return to Islam?
Answer: Praise be to Allaah. If a person leaves Islam then decides to come back to it, what he has to do is to bear witness that there is no god except Allaah and that Muhammad is His slave and Messenger. If his apostasy was because he denied one of the basic principles of the religion, then his return to Islam cannot be complete until he affirms the principle that he had denied. There is no particular time period within which he can return to Islam; his repentance will be accepted until the point when the death-rattle sounds in his throat and his soul departs. If he is guided back to Islam within the time when it is possible (i.e., before death) and he performs as many of the Islamic duties as he can, then he is a Muslim.