APPENDIX D
THINGS THAT MAKE ONE A KAFIR
Al-Ashbāh wa’n Nażāyir of Imām Zaynuddīn ibn Nujaym al-Ĥanafī [d.970 AH] is an important book on principles of fiqh in the Ĥanafī madh’hab. The second category, Illustrations; The Book of War: Chapter on Apostasy, comprises of rulings related to statements and actions that will incur a ruling of kufr. 1. If a person salutes a dhimmī out of reverence [to his faith], he has committed kufr.
If a person addresses a Magian and says:“My Master” with reverence, he has committed kufr. [Şalāt al-Żahīriyyah]. 2. In Şughrā: Kufr is a very grave charge; I will not consider a believer as a kāfir if I can find a narration that prevents me from making takfīr. 3.
The apostasy of an inebriated person is invalid; except in the case of a person who disrespects the Prophet ﷺ, and the blasphemer will be executed without pardon. [Bazzāziyyah]. 4.
The repentance of every kāfir is admissible in this world and the hereafter, except those infidels who blaspheme against our Prophet ﷺ or any other Prophets; or if he insults both the shaykhs [Abū Bakr رضي الله عنه and Úmar رضي الله عنه] or one of them; or a sorcerer – even if it is a woman; or a zindīq if he is captured prior to his repentance. [Yatīmah] 5.
Any Muslim who has become an apostate will be executed if he does not repent; however, women are not executed. Those who are Muslims as concomitants or children; or a person who is forced to accept Islām will not be executed.
A person whose Islām was proven by witnesses [one man and two women; or two men] and later becomes an apostate, will be executed. The punishment for apostasy is execution if the apostate does not revert to Islām.
All his previous deeds will be [deemed] destroyed; however, when he reverts to Islām, he need not expiate [qađā] past deeds except Ĥajj, similar to the original disbeliever who becomes a Muslim. The ĥadīth an apostate narrates from others are not valid; it is forbidden for others to narrate from him after his apostasy [Walwalijiyyah].
An apostate’s wife goes out of wedlock and his endowments become absolutely invalid. If he dies [a natural death as an apostate] or is executed for apostasy, he shall neither be buried in the graveyard of Muslims nor the graveyard of his community. He shall be shoved into a pit like a mangy cur – because an apostate is worse than an original kāfir. 6.
Faith means to attest [and believe in] the veracity of the Prophet Muĥammad ﷺ concerning everything brought by him ﷺ, and everything deemed Essential of Faith. 7. Kufr means to belie anything that Prophet Muĥammad ﷺ has brought and is deemed an Essential Precept of Faith. Nobody among the People of Qiblah will be deemed kāfir unless they deny that which brought them into Islām in the first place. 8.
The summary of the opinions of Ĥanafī scholars is based on this [principle above] and there are things that are differed upon – but certainly, the fatwā [of kufr] is not given in any issue where scholars have differed upon. 9. Insulting Shaykhayn and cursing them is kufr; but if he elevates Álī over them, he is a heretic [Khulāşah].
In Manāqib of Kardarī, it is said that anyone rejecting the caliphate of Abū Bakr or Úmar رضي الله عنهما, or who hates them because of the Prophet’s ﷺ love for them, is a kāfir; however, if he only loves Álī more than them both, he can be excused. 10. In Tahdhīb: A person shall become an apostate if he rejects anything that is obligatory to accept, or mocks Allāh táālā or the Qur’ān or any of the Prophets.
11. An apostate shall be executed even if he behaves like a Muslim – offers prayer in congregation, performs Ĥajj with talbiyah, etc. 12. If a person rejects [the charge of] apostasy, it is deemed his repentance. If a number of Muslims attest to his apostasy, and he denies it – he will not be prosecuted.
This does not mean that righteous people who bore witness are lying – rather, his denial is considered his repentance and reversion [Fat’ĥ al-Qadīr]. But you may object: Just a little earlier you have said that apostasy is proven by two upright witnesses; what is the use of that clause?
My answer: Two upright witnesses are required to prove that he is an apostate, and denial [of the accused] is repentance – so that legal rulings can be established concerning an apostate, even if he repents; such as erasure of his past deeds, annulment of endowments, his wife going out of wedlock. 13.
When it is said, “he will not be prosecuted” this refers to an apostate whose repentance is accepted, not about an apostate whose repentance is inadmissible, such as the blasphemer of the Prophet or slandering the Shaykhayn [Abū Bakr and Úmar]. 14. Scholars differed concerning the kufr of a person who believes that a Friend of Allāh can travel long distances in a very short span of time. 15.
If a person says: “I won’t pray,” we do not make takfīr unless he means to reject [the obligation]. 16. It is not necessary for a person to know the name of the father of Sayyidunā Muĥammad ﷺ to profess faith; it is sufficent for him to just know the name of the Prophet ﷺ.
17. If a person described the attributes of Allāh in front of his wife and she says: “I used to suppose that Allāh táālā is in the heavens,” she has committed kufr. 18. If a person says: “I am Pharoah” or “I am Lucifer,” he will not be considered a kāfir, unless he means to say that his belief is similar to that of Pharaoh or Lucifer. 19.
Scholars debated the kufr of a person who says as an apology: “I used to be a kāfir, now I am Muslim.” 20. If someone tells another: “you are a kāfir” and the person replies: “yes, I am a kāfir.” The latter will become a kāfir. 21. One who considers sodomy with his wife as permissible is a kāfir according to majority. 22.
If a person steps on the Qur’ān in derision, he is a kāfir; if a person makes fun of [religious] knowledge or satirises [religious] scholars, he is a kāfir. 23. If a person rejects the basis of Witr or Sacrifice, he is a kāfir. If he abandons worship disdainfully, he is a kāfir; but if he abandons prayer out of laziness or some other reason, he will not be ruled kāfir. [Mujtabā]
24. If a person claims Knowledge of Unseen, he becomes a kāfir; so also, if he/she says: “I don’t know Allāh táālā”. 25. Making fun of the call to prayer [adhān] is kufr; mocking the caller is not. 26. If a trader says: “Kāfirs and their countries [hostile to Muslims] are better than Muslims and Muslim countries,” he will not be ruled kāfir, unless he means their religion is better. 27.
If a person salutes [gives salām to] another and he says: “It is an enormity if I reply to your salutation,” he will not be ruled kāfir. 28. If a person is told: “Say, there is no God except Allāh” and he replies: “I will not say so,” he will not become a kāfir. 29.
If a person tells another: Do not be conceited, it will cause your downfall – because Mūsā عليه السلام also liked himself which caused him distress; he will be asked to explain what he meant; if his explained meaning is one of kufr, he will be ruled a kāfir. 30.
If a person says, “My wife is more beloved to me than Allāh táālā” and his intention is mundane love, then he will not become kāfir; but if means love as in reverence and worship, he is a kāfir.
31. If a person worships an idol, he becomes a kāfir, regardless of what he professes in his heart. 32. Similarly, if one makes fun of a saying of the Prophet ﷺ; or exposes his privates [when a ĥadīth is mentioned], he becomes a kāfir. 33. Similarly, if he makes the image of Sayyidunā Ýīsā عليه السلام to worship him, he becomes a kāfir. 34. So also if he makes an idol [for worship] he becomes a kāfir. 35.
Similarly, disrespecting the Qur’ān or mosques or any such thing which is revered in Islām, is kufr. 36. Similarly using unclean things in places where it is forbidden to use, if he does it by way of derision, he becomes a kāfir. 37.
If a person wears the zunnār of the Jews or Christians, regardless, whether he enters their places of worship or not, he becomes a kāfir. If he says, I did so to make fun of them, he will be believed. 38. If anyone doubts in the veracity and truth of the Prophet ﷺ, or insults him, or denigrates him, or belittles him or uses a diminutive to describe him ﷺ, such a person is a kāfir. 39.
If one uses a diminutive to describe a mosque, scholars have differed about his being a kafir; but the correct position is that he is not a kāfir. 40. Similarly, if one wishes that Allāh táālā had not sent the Prophet ﷺ, if he says this without animosity [he will not be a kāfir].
41. If one deems a licentious person as a prophet, he becomes a kāfir; because such things are unbecoming of a prophet. 42. If a person says that prophets have not made errors during or prior to their prophethood, he becomes a kāfir because it is rejection of Qur’ānic verses. 43.
If a person attributes immorality or indecency to prophets, such as ‘desire or intention to commit adultery’ as in the case of Sayyidunā Yūsuf عليه السلام, the person becomes kāfir because it is derogatory to prophets; though some have said that he doesn’t become a kāfir [under certain circumstances]. 44.
If a person does not know [or acknowledge] that Sayyidunā Muĥammad ﷺ is the last of all Prophets, such a person is [certainly] not a Muslim because this is an Essential Tenet of Faith.
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This appendix was reproduced from the book The Killer Mistake, which also contains lengthy chapters on apostasy and blasphemy.
opinion is restricted to such words mentioned in the Qur’ān and Ĥadīth, and in no manner permitted in other languages.
Footnotes
Ibn Nujaym al-Ĥanafī, Al-Ash’bāh wa’n Nażāyir, 219. Notes are based on Ghamz al-Úyūn al-Başāyir, 2/189, commentary of Ashbāh by Aĥmed ibn Muĥammad al-Ĥamawī [d.1098 AH].
Magian is mentioned as an example, it could be any kind of kāfir.
That is, a juridical opinion which prevents me from doing takfīr, even if it is the opinion of non-Ĥanafī scholars.
In Ghamz, these are listed as two statements.
Even though the author attributes this to Jawharah, it is not found therein, in spite of examining commonly available copies. But we Ĥanafīs accept the repentance of the blasphemer of Prophets, unlike the Mālikīs and Ĥanbalīs; then why should the repentance of a slanderer of Shaykhayn be inadmissible? Rather, none among famous scholars has ever said so [Ĥamawī].
That is, if a woman becomes an apostate, she will not be executed.
For example, the minor whose parents accepted Islām before he reached adulthood and who has not professed faith after puberty. If such a person becomes an apostate, he will not be executed; because apostasy is reverting after attesting Islām and here there is no proof of Islām after puberty.
Who became a Muslim by coercion. 229
He/she is not required to expiate obligatory actions like prayer and fasting.
Suppose he converts to Christianity, al-íyādhu billāh, he will not be allowed burial in the Churchyard.
Everything brought by the Prophet ﷺ is truth; but not everything that we know is incontrovertibly proven. For example, there are numerous sunnah which are proven by weak ĥadīth, or even an authentic sole-narrator ĥadīth could be interpreted in many ways. Not accepting such a sunnah would not mean that he has rejected the Prophet’s ﷺ word. See Imām Fađl al-Rasūl Badāyūni’s explanation in the chapter on apostasy.
That is the shahādah and the declaration of faith.
Ĥamawī disagreed and said that this opinion is not consistent or reasonable. 230
The pilgrim’s chant: Labbayk Allahumma Labbayk! Here I am, my Lord! Here I am at your service.
Denial mentioned here, works in the case of an utterance; not in the case of people who write, publish and reprint blasphemies. In such cases, explicit disavowal of these past blasphemies and a renewal of faith and marriage is necessary.
This used to be a point of contention in the past, as the maximum distance one could travel was limited by available transportation. However, with air travel, a person can be in London in the morning and in Beijing or Cape Town by evening or night. The very premise that such fast travel is impossible is now invalid.
In Ímādiyyah: If a person says about the five obligatory prayers, ‘I don’t pray,’ and he means to reject the command of Allāh, he is a kāfir. But if he is merely giving information [that he has this bad habit of not praying] he is not a kāfir. 231
Ĥamawī: That is only if she said this knowing that it is kufr; but if she was ignorant, she will not become kāfir. Because the excuse of ignorance is admissible in some cases of takfīr, even though the general opinion is that of takfīr (in spite of the excuse of ignorance). Secondly, this saying itself is debatable whether it is kufr, because utmost it would attest is a direction for Allāh táālā, and one who does so is a heretic, not an apostate. Even though this would imply a body, it is not necessary that the person attests a body – just because X implies Y, it does not mean X is Y. In Sharĥ Shāfiyyah: A slavegirl was brought to the Prophet ﷺ and her master wanted to manumit her as expiation. He ﷺ asked: “Where is Allāh?” and she pointed towards the sky; the Prophet ﷺ said: “Release her, she is a Muslim”.
firáwn, iblīs.
This is about common expressions – even though it is wild. If one said to another as an apology, meaning I used to be in the wrong before, but now I see the truth.
As illustration, the original uses the example of a woman. If a woman was told: ‘you are kāfir...’ Yet, it applies to all.
In Nawādir, it is mentioned that Imām Muĥammad’s ruling concerning a person who considers sodomy as lawful or intercourse with a woman during her menstrual periods as permissible: the correct position is that he will not become a kāfir.
If the person kicks in derision; but if he steps on it accidentally, unknowingly or in duress, he will not become a kāfir. Similarly, if he derides a scholar for his shortcomings, he will not become a kāfir – but if he is ridiculed because of his affiliation to Islamic knowledge, it is deemed mockery of religion, hence he will be deemed kāfir. Ĥamawī mentions a fatwā about an amputee, without both hands, who writes the Qur’ān with his toes, that he is not a kāfir because this was not done in derision. 232
That is, if he rejects that there is no basis for witr or sacrifice [uđ’ĥiyyah] he is a kāfir because it is proven by tawātur; however, if he does not accept the legal ruling that it is wājib [as in the Ĥanafī madh’hab] he is not.
That is, absolute knowledge of unseen as mentioned by Imām Nawawī in his Fatāwā.
That is, if he says it as an agnostic; but if he indicates ignorance about Allāh táālā while believing in Him, it is not kufr.
Trader is mentioned as an example that he must have travelled to lands of disbelievers and seen their customs and living conditions.
Unless he means to reject that credo and belief in Allāh or monotheism, in which case there is no doubt of his kufr.
This is difficult to translate and may sound absurd in English. The words used are újb and halak – if such words are used for prophets, with the intention of common usage, which is disrespectful, the person becomes kāfir; but if he uses these words but does not intend the disrespectful meaning, he will not be a kāfir. 233
For example, blood, alcohol and urine are impure [najāsah] and if one uses these to write the Qur’ān, it is ĥarām if it is done as novelty etc; but if it is done derisively or as a challenge to religious laws, it is kufr.
Zunnār: girdle or a belt. If a Muslim wears them, it is as if he is telling others: ‘I am a Jew or Christian,’ which is kufr; or if he is trying to ridicule Islām. Hence the comment; regardless whether he enters a synagogue or a church.
The word used here is taş’ghīr. Ĥamawī says: That is if one uses the diminutive form of the Prophet’s ﷺ name or his blessed body, the person becomes a kāfir instantly. In Fatāwā Żahīriyyah, if a person says about the hair of the Prophet ﷺ: ‘a hairlet’ [diminutive] he becomes a kāfir if his intention is to denigrate; another group of scholars disagreed saying, sometimes diminutives are used to describe a thing or person with respect and reverence, as a figure of speech.
This is because of the ĥadīth narrated by Abū Hurayrah رضي الله عنه that the Prophet ﷺ said: ‘Do not call a mosque or the copy of the Qur’ān with their dimunitive forms’ [that is, masjid as a musayjid and muş’ĥaf as a muşayĥaf]. 234
Prophets are pure and immaculate – and this person has denigrated the exalted station of Prophethood.
Ĥamawī: This is problematic, because Qāđī Íyāđ and others have said that Prophets are divinely protected from sin; from both small sins and enormities; both prior to and after their Prophethood; both unknowingly and deliberately. Proofs for these are found in abundance, in books of Kalām. Indeed, if the sentence means kufr of such a person [who says Prophets did not commit sins]; this is about common folk who only know the Qur’ānic text and its literal meaning; but if a person who knows that such words are not to be taken literally and requires interpretation, such a person will not be ruled kāfir. I say, this opinion requires further clarification because the preferred ruling is that ignorance is acceptable in the topic of ikfār-takfīr and Allāh táālā guides on the path of righteousness. Someone answered it partially and said: This statement concerns a person who mentions the verse: فَعَصَىٰ عَادَمَ رَبَّهُۥ فَغَوَىٰ [Sūrah ŢāHā, 20:121] and then says, ‘they did not make any errors that are proven.’ Which would necessitate rejection of this verse; but if any person takes this verse to mean an enormity [kabīrah] he becomes a kāfir. I say: Belying or rejection of the verse is only in the case of a common man who does not know anything else other than Qur’ānic verses. We have said earlier that ignorance is an admissible excuse in takfīr and Allāh táālā alone Knows the manifest and the hidden; but this answer is incomplete. It appears to me that this is a spurious addition in our madh’hab – because it is unimaginable that anyone in our madh’hab would take this route! It is also said that due to copyists’ mistake, a mīm has been erased in this sentence ‘lam yúşamū’ became ‘lam yáşu.’ That is, “If a person believes that Prophets are not divinely protected from sin – prior and after their Prophethood - becomes a kāfir” because such a statement contradicts scriptural texts and by elision of mīm, it means the exact oppositeاومصع ملاوصع مل Detailed proofs for this position are found . in books of Kalām, and I have written a book on this topic titled: It’ĥāf al-Adhkiyā bi Taĥrīri Mas-alati Íşmati’l Anbiyā’a. Only Allāh táālā gives guidance towards the straight path.
The correct position is that he is a kāfir; if a person assumed that it was possible prior to prophethood – or mentions the Qur’ānic verse and takes its literal meaning. Those who disagreed were being extra careful in takfīr. This certainly does not mean that anyone can say anything about Prophets and cite this opinion. This 235
Ignorance is not an admissible excuse to avoid takfīr in the case of Essentials of Faith. 236