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The Murji`ah
  Kufr Can Occur Without Istihlaal or Juhood
Author: Abu Iyaad
Article ID : GSC050006  [27116]  
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Shaikh Ibn Baaz said, further clarifying this, "This absolute generalisation requires further examination. For a disbeliever enters into Islaam by the two testifications if he had not uttered them previously, and if he was one who had uttered them, then he will enter into Islaam (again) after repenting from what had necessitated his disbelief. And a person can exit from Islaam without showing Juhood (denial, rejection) for many reasons which the people of knowledge have explained in the discussion of the rulings pertaining to the apostate. Amongst them: when he reviles Islaam or the Prophet (sallallaahu alaihi wasallam), or mocking Allaah, His Messenger or His Book or anything from His Legislation - free is he of imperfection - due to his saying, "Say: Was it in Allaah, His Signs and His Messenger that you were mocking? Do not seek to make excuses, for you have disbelieved after having had faith" (9:65-66). And also amongst such (actions) are worshipping idols, calling upon the dead, seeking help from them, seeking assistance from them and other such things. Therefore, whoever directs any of these (acts of worship) to other than Allaah, such as to idols, the angels, the jinn, those in the graves and others from the creation then such a one has committed Shirk with Allaah and has not actualised the meaning of "Laa ilaaha ilallaaha". All of these matters cause a person to exit from Islaam by unanimous agreement of the Muslims, and they are not from the matters of Juhood (denial, rejection). The proofs for these matters are well known from the Book and the Sunnah, and the Scholars have mentioned them in the chapters related to the ruling upon the apostate, so refer back to them if you will. And in Allaah lies success."[3]

Just like our discussion with Istihlaal above, there are some actions for which Juhood, that is denial or rejection, is not a requirement for an action to be considered as major disbelief (kufr akbar) and what expels from Islaam. Rather such actions, in and of themselves are major disbelief and expel from Islaam. However, it is worth noting here, for the sake of completeness, that some of the Scholars have said that all of those matters which expel from Islaam, then the basis of all of that is Juhood (denial, rejection) of what the Messenger (sallallaahu alaihi wasallam) came with.

Shaikh 'Abdur-Rahmaan bin Naasir as-Sa'dee said, "Chapter: The Ruling upon the Apostate. "The apostate, murtad, is the one who exits from Islaam and enters into disbelief on account of an action, statement, a belief or doubt. And the Scholars - may Allaah have mercy upon them - have mentioned the specific detail and explanation of the matters by which a servant leaves Islaam. And all of them have their basis in the rejection, jahd, of what the Messenger (sallallaahu alaihi wasallam) came with, or rejection, jahd, of some of it. So the one who apostatises should be asked to repent during the course of three days. If he repents and returns, then fine, otherwise he is to be killed with the sword."[4]

If one was to consider this statement to mean that the acts of kufr, such as those mentioned above in the statement of Imaam Ibn Baaz are not to be considered as major disbelief unless they are accompanied with Juhood, then this is an error. Rather such acts in and of themselves are major disbelief. Hence, there is an element of error in the statement above[5], if understood in this manner and it is not to be taken absolutely. However, if what is understood from it is that a person only becomes an apostate and the hadd punishment applied after the proof has been established (iqaamat ul-hujjah) and the person does not repent or desist or recant from his act or statement of kufr, but persists, then this is in conformity with the principle of takfir concerning those who fall into these acts which is establishment of the proof (iqaamat ul-hujjah). So if a person shows wilful denial (juhood) after this, he is then an apostate who is killed. Shaikh Muhammad bin Abdul-Wahhaab said, "[The apostate] is the one who has disbelieved according to the concensus (ijmaa) of the Muslims, and he is the one upon whom the proof has been established. The one upon whom the proof has not been established is not to be declared a disbeliever." [6]

In summary, we say that the amongst the actions of kufr are those which do not require that istihlaal of the heart or juhood of the heart be present for them to be considered actions of major kufr and which expel from Islaam.

NOTES

[1] As-Saarim al-Maslool (p.514)

[2] Liqaa Baab al-Maftoo (no. 1200)

[3] Saihatu Nadheer (pp.48-49)

[4] Manhaj us-Saalikeen (p.112)

[5] As was pointed out by Shaikh Rabee' bin Haadee al-Madkhalee. Refer to Shaikh Alee Hasan's statement on the book "Ihkaam ut-Taqrir" in Al-Furqaan (no. 101)

[6] Aqidat us-Shaikh Muhammad bin Abdul-Wahhaab (p.208) of Shaikh Salih al-Ubood.


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