A statement on those who consider the governors and the people disbelievers and the consequent acts of explosions, killings and violations of the sanctity of people's property
Praise be to Allah, and peace and blessings be upon the messenger of Allah, upon his family, Companions and those who follow his way…
The Council of the Senior ‘Ulema (Scholars), in its 49th session held in Al Ta'ef city on 11/6/1424 AH, discussed the events taking place in Muslim countries, and other countries, including the trend of takfir (calling some Muslims as disbelievers) the bombing incidents resulting in killings, acts of sabotage and destruction.
Due to the danger which emanates from this matter that resulted in the killing of innocent people, violating the sanctity of people's property, causing fear and panic among people, threatening their security and stability, the Council decided to issue a statement to clarify the Islamic ruling concerning these acts and give advise for the sake of Allah, to His servants and in order to remove any misunderstanding. Thus, with Allah's support, we say the following:
First: Calling someone a disbeliever has an Islamic ruling judged by Allah and His Messenger, just like any other matter which is judged as legal or illegal.
Not all the words or actions described of disbelief are considered major disbelief that turns a person to be a disbeliever.
Thus, it is forbidden to call anyone a disbeliever without clear-cut evidence from the Qur'an or the Sunnah. Doubts or suspicions are not enough due to the dangerous consequences of such a matter.
Hudud (prescribed penalties in Islam) do not come into force if there is a doubt about the case in question; likewise a judgment of disbelief should not be passed in case of uncertainty.
Thus, the Prophet (peace be upon him) warned from judging any person as a disbeliever. It is reported on the authority of Ibn 'Umar that the Messenger of Allah (may peace and blessings be upon him) said: Any person who calls his brother a Kafir or unbeliever (has in fact done an act by which this unbelief) would return to one of them. If it were so, as he asserted (then the unbelief of man was confirmed but if it was not true), then it returned to him (to the man who labeled it on his Muslim brother)." (Authenticated by Al-Bukhari and Muslim) [1].
It could be mentioned in the Qur'an or the Sunnah that a certain word, action or belief is an act of disbelief but the one who performs any of these is not named a disbeliever because there are other reasons that could save him from being judged as a disbeliever.
Like other rulings the ruling (of disbelief) does not exist without reasons and conditions and in the absence of the preventive reasons. For example, the rules of inheritance; the reason of inheritance is being a relative but it could be cancelled if there is a preventive reason like the difference of religion. The same applies to disbelief; if a believer was forced to disbelieve then he would not be judged as a disbeliever.
The Muslim may subconsciously utter a word of disbelief due to extreme happiness or anger etc. However, this does not make him a disbeliever, such as the man who said: "'O Allah, You are my servant and I am Your God'. He committed that mistake out of extreme joy". (Related by Muslim on the authority of Anas bin Malik) [2].
Quick judgment of disbelief leads to dangerous results such as violating the sanctity of property, killing, and prevention from inheritance, divorce and other related matters.
How can a believer accuse any one of such thing when he has the least doubt?
Accusing the governors of disbelief is even worse because this will lead to rebellions against them, carrying weapons, chaos, killing and corruption for both the country and the people.
Thus the Prophet (peace be upon him) prevented Muslims from rebelling against the rulers saying: "… except when you have clear signs of his disbelief in (or disobedience to) God - signs that could be used as a conscientious justification (for non-compliance with his orders). (Authenticated by Al-Bukhari and Muslim and reported on the authority of ‘Ubadah.)
The word "except when you have clear signs," means that it is not enough to doubt or suspect.
The word "disbelief" indicates that it is not enough to be disobedient to the religious orders such as committing injustice, drinking alcohol, gambling and keeping things for himself only.
The phrase "clear signs" means that disobedience is not a good reason to accuse of disbelief; there should be clear signs to give this verdict.
This part of the hadith, "… signs that could be used as a conscientious justification," indicates that the evidence must be crucial not weak or ambiguous.
The phrase "in God" means that it does not depend on the opinion of any scholar regardless of his status in knowledge and honesty if the evidence was not clear from the Qur'an and Sunnah. The above restrictions indicate the difficulty of the matter.
Concerning the difficulty of calling any one a disbeliever, Allah said:
"Say (O Muhammad peace be upon him): “(But) the things that my Lord has indeed forbidden are Al-Fawâhish (great evil sins, and every kind of unlawful sexual intercourse) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allah for which He has given no authority, and saying things about Allah of which you have no knowledge.” (Surah Al ‘Araf, 7:33)
Second: The results of this false belief such as killing, breach of honor, seizing public and private property, exploding houses and vehicles and vandalizing of buildings; all such acts and others are forbidden by the majority of scholars. They violate the security of people, their property and stability, and the lives in their peaceful houses and streets. They are also very harmful to the public interests that people cannot do without.
Islam safeguards the Muslims' property, honor and body and strictly forbids violating them. Among the last words of the Prophet (peace be upon him) in the farewell pilgrimage: "Verily your blood and your property are as sacred and inviolable as the sacredness of this day of yours, in this month of yours, in this town of yours." Then he (peace be upon him) said: "Have I delivered the message? O Allah, be witness." (Authenticated by Al-Bukhari and Muslim on the authority of Abu Bakrah) [3]
The Prophet (peace be upon him) said: "All things of a Muslim are inviolable for his brother in faith: his blood, his wealth and his honour." (Related by Muslim on the authority of Abu Hurairah) [4].
The Prophet (peace be upon him) said: "Be on your guard against committing oppression, for oppression is darkness on the Day of Resurrection." (Related by Muslim on the authority of Jaber). [5]
Allah threatened those who kill the secured people with the severest punishment, He said: "And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allah are upon him, and a great punishment is prepared for him." [Surah An-Nisaa', 4:93]
Allah said about the disbeliever who has a covenant of security, in the ayahs on the ruling of manslaughter:
"If he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood-money, i.e. Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allah. And Allah is Ever All-Knowing, All-Wise." [Surah An Nisaa', 4:92]
So if a disbeliever, who has a covenant, was mistakenly killed, compensation (blood-money, i.e. Diya) must be paid to his family, and a believing slave must be freed. How about killing people on purpose? The crime then will be graver and the sin will be greater.
The Prophet (peace be upon him) said: "Whoever kills a person having a treaty with the Muslims, shall not smell the smell of Paradise." (Authenticated by Al-Bukhari and Muslim on the authority of ibn Amr) [6].
Third: The Council clarifies the ruling of calling people disbelievers without evidence from the Qur'an and the Sunnah and the danger of such action and its evils and effects. It declares to the whole world that Islam does not assist this wrong belief and that what is going on in some countries, including killing innocent people, bombing buildings, vehicles and public and private utilities and acts of sabotage are criminal acts which Islam rejects.
All Muslims who believe in Allah and the Day of Resurrection refuse these acts. These are acts of people who have wrong thoughts and creed, who are sinful and criminal and whose acts have nothing to do with Islam or with the guided Muslims who adhere to the Book of Allah and the Sunnah of his Prophet (peace be upon him) and hold to the rope of Allah.
These acts are criminal acts of corruption which are rejected by Islamic Law. They are therefore forbidden in Islam, with a warning from accompanying criminal people. Allah said:
"And of mankind there is he whose speech may please you (O Muhammad peace be upon him), in this worldly life, and he calls Allah to witness as to that which is in his heart, yet he is the most quarrelsome of the opponents. And when he turns away (from you “O Muhammad peace be upon him”), his effort in the land is to make mischief therein and to destroy the crops and the cattle, and Allah likes not mischief. And when it is said to him, “Fear Allah”, he is led by arrogance to (more) crime. So enough for him is Hell, and worst indeed is that place to rest!" [Al Baqarah, 2:204-206]
It is a duty on all Muslims, everywhere, to enjoin what is right, advise each other, and help one another in virtue and righteousness and forbid what is evil, with wisdom and good instruction, and to argue with them in a good way. Allah said:
"Help you one another in Al-Birr and At-Taqwâ (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allah. Verily, Allah is Severe in punishment." [Al Ma'idah, 5: 2]
Allah, the Exalted, said:
"The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah and obey Allah and His Messenger. Those – Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise." [At-Tawbah, 9:71]
Allah also said:
"By time, Indeed, mankind is in loss, Except for those who have believed and done righteous deeds and advised each other to truth and advised each other to patience." [Surah Al-‘Asr, 103:1-4].
The Prophet (peace be upon him) said: "Religion is a name of sincerity and well-wishing," three times. Upon this we said: For whom? He replied:" For Allah, His Book, His Messenger and for the Imams (leaders) of the Muslims and the common people" [7]
The Prophet (peace be upon him) said:" The similitude of believers in regard to mutual love, affection, fellow-feeling is that of one body; when any limb of it aches, the whole body aches, because of sleeplessness and fever." [8] Ayahs and Hadiths of this meaning are many.
We ask Allah the Exalted with His Beautiful names and Exalted Attributes to protect Muslims from all evils and to guide the Muslim leaders to what is right for the people and the countries, to repress corruption and the corruptors and grant victory to His religion, raise His word and to set right the affairs of all Muslims everywhere and to use them to support what is right.
Allah is the One Able to cause that to happen.
Peace and blessings be upon our Prophet Muhammad, his family and companions.
[1] Sahih Al Bukhari, Book of Manners, Chapter: He who calls his brother a disbeliever without evidence will be like what he said (Hadith no. 6104). Sahih Muslim, Book of Faith, chapter of status of faith of one who calls his brother a disbeliever (Hadith no.60).
[2] Book of Repentance, Chapter: urging repentance and happiness with it (Hadith no.2747).
[3] Related by Al-Bukhari in the Book of Hajj, chapter of marriage proposal during the days of Mina (Hadith no. 1741). Sahih Muslim, the Book of Oaths and Fighters, chapter: aggravating the violation of lives, honor and property, (Hadith no. 1679).
[4] The Book of Virtue, Good Manners and Joining of the Ties of Relationship, chapter of forbidding injustice, disappointment and contempt (Hadith no.2564)
[5] The Book of Virtue, Good Manners and Joining of the Ties of Relationship, chapter of forbidding injustice (Hadith no. 2578)
[6] Sahih Al-Bukhari, Book of Jizyah (money paid by disbelievers in the Islamic State), chapter of he who kills a secured disbeliever without reason (Hadith no. 3166) I did not find it in Sahih Muslim.
[7] Previously referenced.
[8] Al-Bukhari, Book of Good Manners, chapter: kindness to people and animals (Hadith no. 6011). Sahih Muslim, the Book of Virtue, Good Manners and Joining of the Ties of Relationship, chapter: mutual mercy and sympathy between the believers (Hadith no. 2586).
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