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