Question

Respected Mufti Sahib, Someone that says that we mustn't call a kaafir as a kaafir as because what if he died whilst reciting the Shahadah. As we know on the same token a Muslim may be a Muslim but we don't know how he will die

Please enlighten us with the proper Islamic ruling

Answer

Only an ignorant person can make such a comment. All throughout the history of Islam, the magnificent scholars have unanimously agreed that it is a part of Imaan (faith) to know a kafir as a kafir and a Muslim as a Muslim. This is the reason why in their books they have a section named Baab Al-Murtad. All the books of Aqaa’id (Beliefs) and Fiqh (Jurisprudence) have included this section and clearly clarified that whoever did such and such or said such and such is a ‘kafir’.

In Bahare Shariat, it says:

“To regard a Muslim a Muslim and a kafir a kafir is from the necessities of faith.”

Sadr Al-Shariah further writes:

“Although we cannot say with certainty regarding a specific individual that he died as a Muslim or (may Allah protect) as a kafir until the state of his death is proven by Shar’i evidence; however, this does not mean that one may doubt the kufr of someone who has clearly committed kufr, because doubting the kufr of a clear kafir makes the person a kafir.”

He further writes:

“Judgement in the hereafter will be based on the state at the time of death, but the hukm (rule) of Shariah is based on the apparent. For example, if a kafir such as a Jew, Christian or idol worshipper died, it cannot be said with certainty that he died as a kafir; but it is the command of Allah and His Messenger (peace and blessings be upon him) for us to regard him as a kafir. We must deal with all his matters in his life and after his death as we deal with the matters of every kafir such as: the matters of association; marriage; Salah Al-Janazah; shroud (kafan for the deceased); and burial. When he has committed kufr, then it is an obligation that we know him as a kafir and leave his state of death to Allah (whether he died a kafir or a believer); in the same way as a person who is an apparent Muslim and has not made any statement or committed any action against Imaan (faith), it is an obligation that we must know him as a Muslim, even though we do not know the state he died in.”

The tremendous Scholar Qadi Iyad in his Shifaa’ writes:

“There is a unanimous consensus upon the kufr of he who does not regard the Jews, Christians or anyone who separates from the religion of the Muslims as a kafir; or he who hesitates in calling them kafir; or he who doubts in this matter. Qadi Abu Bakr (Al-Baaqalani) said: This is because the tawqeef (Shar’i evidence from the Quran and Sunnah upon which none can speak with their own opinion like the number of units in Salah) and the consensus (of the Ummah) both agree upon their kufr; therefore, whoever hesitates or has a doubt in calling them kafir, has rejected the evidence and the tawqeef. Only a kafir would reject or doubt in such a matter.”

From the above, one can understand how ignorant a person must be to feel so confident that he is prepared to dispute and differ from not only all the giant scholars all throughout the Islamic history, but also against the unanimous agreement of the Ummah. Yet, he does not wish to stop there; he takes this dispute against Allah and the Messenger of Allah (peace and blessings be upon him) that he will not call a kafir a kafir.

Qadi Iyad further writes in his Shifaa’:

“He is a kafir who does not regard those who believe in other than Islam as kafir; or he who hesitates or has doubt in this matter; or he deems their religion correct, even if he himself claims to be a Muslim and apparently deems the rest of the false religions incorrect; he is a kafir for making apparent what he made apparent against that.”

Is it not clear that black is black, white is white, water is water, fire is fire, a book is a book, a pen is a pen, a man is a man, a woman is a woman, a child is a child, a Jew is a Jew, a Christian is a Christian, a Buddhist is a Buddhist and a Muslim is a Muslim? Of course it is! Then why is a kafir not a kafir?

If you look in the Quran and Sunnah, you will find that Allah and His beloved Messenger (peace and blessings be upon him) rendered many nominal Muslims kafir. These were people who swore that they were Muslims, performed Salah behind the Prophet Muhammed (peace and blessings be upon him) and even took part in Jihad side by side with the Sahaabah (Allah is pleased with them); but because they uttered a sentence of kufr, Allah and His Messenger (peace and blessings be upon him) rendered them kafir. It is mentioned in Musannaf Ibn Abi Shaybah, Ibn Munzir, the Tafseer of Sheikh Addi Bin Abi Haatim and recorded in Al-Durr Al-Manthoor, by Imam Jalal Al-Deen Al-Suyooti, regarding a man who lost his female camel and came to ask the Messenger of Allah (peace and blessings be upon him) for help. The Messenger of Allah (peace and blessings be upon him) advised him to go to such and such a place and that he would find his camel there. Upon this some people said:

“Muhammad says that such and such a person’s camel is in such and such a place; what does he know of the gayb (unseen)?”

These were people who had declared that there is none worthy of worship but Allah Muhammad is the Messenger of Allah; they performed Salah behind the Prophet (peace and blessings be upon him); and they fought in the battlefields under the banner of Allah. When the Prophet (peace and blessings be upon him) was informed of their statement, he called for them and enquired why they said such. They replied:

“We were only joking and playing.”

Allah, the Almighty and Wise, revealed a verse of the Quran upon this; this is the sixty fifth verse of Surah Al-Tawbah:

“Say O Beloved: Are you joking with Allah, His verses and His Messenger? Do not make excuses, you have become kafir after your Imaan (faith).”

There are several other verses in which Allah has declared some who accepted Islam and became Muslims as kafir, due to an act or a statement. Even in the Hadith, the Messenger of Allah (peace and blessings be upon him) foretold us of people who will be nominal Muslims, yet will not be Muslims. This Hadith in Bukhari Shareef is an eye opener, and one should read it again and again. Sayyiduna Ali (Allah is pleased with him) narrated that the Messenger of Allah (peace and blessings be upon him) said:

“A time will come upon the people in which nothing from Islam will remain but its name; nothing from the Quran will remain but its written form; their Masaajid will be full but empty from guidance; fitnah (corruption) will be released from them and in them, it will return.”

In the time of Sayyiduna Ali (Allah is pleased with him), he regarded the khawaarij as kafir and went to war against them; and then there were those who said Ali is worthy of worship. Thus, Sayyiduna Ali regarded them as kafir and ordered for them to be burnt in fire.

This continued all throughout the history of Islam where the Ulema regarded groups who deviated as either misguided or kafir based upon their actions, statements and beliefs. The Messenger of Allah said:

“When fitnah or innovation becomes apparent and the Scholar does not express his knowledge, then the curse of Allah and the Angels and all the people is upon him.”

If we were to follow the ideology of this person, where we do not call a kafir a kafir, because we do not know what is in his heart or in what state he will die, then this would mean that we must not call a Muslim a Muslim, because we do not know what is in his heart or in what state he will die. This would also mean that he cannot call his own father a Muslim or even the Sahabah (Allah is pleased with them) cannot be called Muslims and the pious predecessors, like Imam Abu Hanifah and Imam Shafa’i and Sheikh Abd Al-Qadir Al-Jeelaani, cannot be regarded a Muslim anymore. In the same way, Khumeni cannot be called a kafir, nor can we call Salman Rushdie or George Bush a kafir.

May Allah protect us from such ignorance and keep us firm on the path of the pious predecessors.

Allah knows best and He is most Wise.

Zahid Hussain Al-Qadiri
(Beggar at the doorstep of Scholars)
23rd Sha’baan 1436 AH

What is the ruling of the Ulama-e-Ahle Sunnat concerning whether the Jhoota (Food which has already been eaten from) of a kaafir (unbeliever) is paak (clean) or not? Please make sure everything has been translated into Urdu, so that the general public may understand properly.

The Answer: A kaafir is Na paak (impure). Almighty Allah says, “The Unbeliever is completely impure.” (Surah Tauba verse 28) والله تعالٰی اعلم

Here, there impurity refers to their inner impurity. Now, if there is evidence of alcohol or any other impure substance in their mouth, then impurity also becomes apparent and in such case, their jhoota is definitely impure and whatever their saliva touches such as Huqqa etc. will all become na paak. It is in Tanweerul Absaar: “The jhoota of a person after consuming alcohol and the jhoota of a cat after eating mice are both impure.”

In the same way, if the moustache of a kaafir who takes alcohol is so big that the alcohol gets onto it, then whatever it touches, such as water etc. will be impure and this is until he does not thoroughly clean it.”

If there is no sign of apparent impurities then even though his jhoota will not be called na paak like that of a dogs, “It is in Tanweerul Absaar and Durar that the jhoota of humans is regarded as pure, even though it is that of person in state of Junoob (in need of ghusl), or a kaafir, condition that his mouth is paak.”

In brief, It is not necessary that everything which is not na paak is totally pure and without defects. The mucus from the nose is also not regarded as na paak, but which intelligent person will have the audacity of licking it with ones tongue or lips? Muslims, Alhumdulillah feel the same way and have the same dislike concerning the jhoota of a kaafir and this dislike is based on their Imaan:

“And this is to remove or make less the dislike of the Kufaar from their hearts and their sights, and this is disloyalty to the Muslims. Verily the Ulama have clarified this just as it has been mentioned in Uqood Dariya. Verily the Mufti must give that fatwa (verdict) which according to him is best for the Muslims and the best thing for the Muslims is to keep in them the dislike for the Kufaar, and not in removing this (dislike).”

Thus, one who intentionally eats and drinks the jhoota of kaafir is also disliked by other Muslims. He becomes one concerning whom people have suspicions. They suspect him to have love and friendship with the Kufaar. It is in the Hadith Shareef as follows: “One, who has faith in Allah and the last day, should not stand in suspicious places.” 

The Prophet (Sall Allaho alaihi wasallam) has stated in numerous Hadith: “Stay away from that which is bad to hear.”

رواه الامام احمد عن ابی الغادیة والطبرانی فی الکبیر و ابن سعد فی طبقات و العسکری فی الامثال و ابن مندة فی المعرفة والخطیب فی الموتلف کلھم عن ام الغادیة عمة العاص بن عمرو الطفاوی و عبدالله بن احمد الامام فی الزوائد المسند و ابو نعیم و ابن مندة کلا ھمافی العرفة عن العاص المذکور مرسله و ابونعیم فیھا عن حبیب بن الحارث رضی الله تعالی عنھم

Also the Prophet (Sall Allaho alaihi wasallam) has stated in numerous Hadith as follows: “Stay away from every such thing for which you have to present an excuse.” 

رواه الضیاء فی المختارة والدیلمی کلا ھمابسند حسن عن انس و الطبرانی فی الاوسط عن جابر و ابن بنیع و من طریقة العسکری فی امثاله والقضاعی فی مسنده معا و البغوی و من طریقة الطبرانی فی اوسطه والمخلص فی السادس من فوائده و ابو محمد الابراھیمی فی کتاب ا لصلٰوة و ابن النجار فی تاریخه کلھم عن ابن عمرو و الحاکم فی صحیحه و البیھقی فی الزھد و العسکری فی الامثال و ابو نعیم فی المعرفة عن سعد بن ابی وقاص و احمد و ابن ماجة بسند احسن و ابن عساکر عن ابی ایوب الانصاری کلھم رافیعه الی النبی صلی الله تعالٰی علیه وسلم والبغاری فی تاریخه و الطبرانی فی الکبیروابن مندة عن سعد بن عمارة من قوله رضی الله تعالٰی عنھم اجمعین

And the Prophet (Sall Allaho alaihi wasallam) says, “Give glad tidings and do not do that which causes dislike (hatred) amongst the people.”

Then, to open this topic without valid reason in Shariat is ghibat and ghibat is haraam. (فما ادى اليه فلااقل ان يكون مكرها)

Thus it has been proven from evidence of Shariah and sahih Ahadith that it is necessary to abstain from the jhoota of unbelievers:

And numerous laws in times differ due to difference of opinion based on the difference of the era and situation. The proofs of this are those Furoo (practical laws) which are gathered in the books of the Imams. This is which I (Aala Hazrat) have and with this, I have given the fatwa on numerous occasions, and Allah Almighty is my Rubb. My complete trust is in Him and my proof is from Him, and Allah, All Pure, Almighty, knows well everything.”

والله تعالٰی اعلم

كتبه عبده المذنب احمد رضا عفى عنه

بمحمّد