بسم اللہ الرحمن الرحیم
In the name of Allah, The Most Beneficent, The Most Merciful
Impediments of Takfir
(The Cautions required to declare a specific Muslim as Kafir)
Moulana Asim Umar ( May Allah protect him)
#AQIS Leader
Impediments of Takfir mean those hindrances/obstacles that save a person who commits an act of Kufr to being a Kafir. If any Muslim commits an act of Kufr by action or saying, then the Sharia’h doesn’t instantly put the label of Kafir (non-Muslim) on him but makes a pause i.e. it does not instantly call that Muslim as Kafir, in spite of that Kufr action or saying. Rather, in this situation there are few things that can save him from being a Kafir, of which we are putting forward those impediments in a very brief way:
1. Excuse of Ignorance
In spite of the fact that the Muslim, who commits a Kufr by action or saying; ignorance or not having the knowledge becomes an impediment towards calling that (specific) Muslim a Kafir in many cases. This principle is put forward by all people of knowledge in their fatwas under the section of principles and manners. Then, specifically regarding Democracy, which is a system of lies & dajal, one might be able to find many reasons for the masses to be ignorant of these (Kufr) with regard to the true face of democracy. Many renowned Ulama have given fatwas in favor of it, which has led Muslim masses into this mistake, and as for those Ulama who are working against Democracy, then they are suffocated in such a way that their voices can’t reach the general Muslims in a proper way.
If we keep all this situation in front of us, then it is very important for a Mufti to put forward this excuse of ignorance in front of it, before calling any specific person a Kafir who considers democracy being correct or takes part in the democratic system. At the least, those who don’t understand the reality of the system (being Kufr) or to those whom Democracy’s Kufr has not become apparent, then they are given the excuse for it, and even though they are indulged in a very dangerous crime, but to declare a fatwa of Kufr on them it is necessary to make a pause, research & remove the ignorance impediment.
Allama Anwar Shah Kashmiri (ra) said:
The one who out of his ignorance considered that the illegal and haram actions that he has committed was actually legal and legitimate for him, then, if those(actions & sayings) are among those whose evidence is known through necessity in the religion of Muhammad (s) & confirmed without doubt, then in that case that person would be called a Kafir, otherwise not.
[aKuffar al-Mulhideen: 197]
2. Excuse of compulsion
If someone is coerced into saying something of Kufr while given death threats or cutting of any parts of body, and that it is most likely that if that Kufr statement is not said, then he will be killed or he would be made handicapped, then in this situation, that saying of Kufr can be said with the condition that the heart is steadfast on faith and satisfied with it. Although, it is better that he resorts to becoming a martyr rather than saying those words of Kufr. Such a compulsion in Sharia’h terminology is termed as Ikraah, although it should be made clear that it is not allowed to commit other crimes under the pretext of Ikraah/Compulsion such as to kill another Muslim to save his own life, to ally with Kuffar against the Muslims in order to save his own country etc. To use the aforementioned pretext of compulsion as an excuse and do all these abhorrent acts will not be correct. Thus, compulsion/coercion can become an obstacle in calling someone as Kafir. It is a detailed discussion which can be seen in detail in the books of Fiqah.
3. Excuse of interpretation:
If in any Muslim even if a Kufr is present, then in order to declare him a Kafir, there is also an excuse of interpretation. For example, If someone participates in democracy, even though he considers it wrong but since according to his opinion there is no other way left to build an Islamic government, that is why using democracy he will try to bring back Sharia’h. Even though, we disagree with this interpretation, and it is possible to give a dozen arguments to prove this interpretation as false, and even though to take part in this democratic foul system with that excuse is a grave crime, but that interpretation in many cases save a person who is involved in democracy to be called a Kafir. This interpretation is the difference by which enemies of Islam secular groups and Islamic organizations participating in democracy are separated. It is necessary to make this difference, and it is also necessary at the same time to avoid painting all with the same brush. Thus, interpretation can be an impediment of Takfir, although in Shari’ah there is also detail as to which interpretation is acceptable and which are not and in under what situations.
It is not for the laymen to make Takfir:
We have mentioned some of the impediments in brief so that the readers can brainstorm this difference in their minds; that no doubt the Kufr of democratic system and religion of Democracy is affirmed, but as to those specific individuals or groups that partake in it, it is not for us to make a judgment or verdict. Likewise, while calling democracy as Kufr, it does not necessitate that in every level and all those who take part in it are considered out of the fold of Islam without making any differentiation. Neither did we say it and nor can we have this negligent and extreme views, as it is not the way of the Mujahideen.
We should always put forward this saying of Prophet Muhammad (s) in front of us:
اذا قال الرجل لاخیہ یا کافر فقد باء بہ احدھما۔ (بخاری
[Whosoever calls his Muslim brother a Kafir, then this Kufr will return to either of them.]
The meaning of this hadith is that the one who is called Kafir, if that Kufr is present in him then he is a Kafir, but if there is no Kufr present in him and he called him a Kafir without research, then now the person who has said it himself has committed a grave sin.
Prophet Muhammad (s) said:
لا یجتمع رجلان فی الجنۃ احدھما قال لاخیہ: یا کافر (مسند اسحاق بن راھویہ؛ الجزء الاول: ص ۴۶۲)
[Those two individuals will not be together in paradise, among whom one called the other Muslim brother a Kafir]
Meaning, that the one who called other Muslim a Kafir (in whom there is no Kufr present), then the person who said it committed an act that can deprive him of entering into paradise. Hence, if an individual is doing an act of Kufr, then a laymen should not call him a Kafir (instantly), until the truthful scholars don’t call him a Kafir, although that act of Kufr can be called Kufr (because explaining the Kufr merely doesn’t make that person a Kafir).
Thus, we can categorize the issue of Takfir in three levels:
1. Normal Muslim
For a normal Muslim (even if he is a Mujahid), it is not permitted that after reading these arguments he makes Takfir of other Muslims or issues Fatwa of Takfir upon other scholars, because doing that can certainly put in danger his own faith. Thus, what a normal person (Muslim) should do is that keep himself, his family and relatives away from this Kufr (democracy), not that he makes Takfir on others.