Showing posts with label takfir. Show all posts
Showing posts with label takfir. Show all posts

Sunday, 8 December 2013

Takfir: Rulings

Assalamu'alaikum wa rahmatullah


Ibn Hajar in his work, "al-I'lām bi Qawati' al-Islam" mentions that accusing other Muslims as infidels is a major sin of the major ones which will lead one who commits it to kufr himself. This is based from the hadiths of the noble prophet Muhammad s.a.w who condemns this action.

"When a Muslim labeled the other as kufr, and it will return to him; Whoever says to a Muslim, 'Hey infidel or hey you the enemy of the God while the person accused is not an infidel, thus the label which he uttered to the other will return to his very self; Whoever accuse a believer, then it is equal to he kills him; Whoever says to his brother, 'O infidel, thus it will definitely makes one of them (who utter that) an infidel; Three basis of the Faith are refraining oneself from hurting those who recite the testimony of Faith; refraining from calling him as a disbeliever or an infidel and refrain from judging him as a disbeliever or an infidel with the vices committed..."  

There are many hadiths with the same significance to these compiled hadiths....

According to Ibn Hajar, takfir is an action of equating one self to kufr in any way either by derogatorily saying to him, "You are an infidel or saying O you infidel while he has the belief that the other Muslim accused by him is an infidel". Included within this action is, accusing or labeling other Muslims as the enemies of the God the Highest.

Shafi'i School View

He later quoted the opinions of clerics with regard to the rulings of takfir from the basis of hadiths and traditions. Most of all from the Shafi'i school of jurisprudence, since Ibn Hajar of Ashkelon is an adherent of this school of jurisprudence just like the majority of the people in our country and also in Hadramawt region in Yemen.

Abu al-Qasim Abdul Karim bin Muhammad al-Rafi'i of Qazvīn says, "A Muslim who says about other Muslims, 'o infidel' without any ta'wil thus he becomes an infidel himself. This happens because he is also naming the Path of Islam as a blesphemy. Ta'wil in this sense is referred to the word kufr whether it is an accusation of the Kufr al-Ni'mah or the Kufr al-'Amaly. Not a reference to the Kufr al-Haqīqī which would make a certain Muslim, an apostate".

Al-Nawawi in his book, al-Raudha also has the same opinion with the previous one. This opinion is held by almost all famous clerics within the school of jurisprudence for e.g Ibn al-Rifah, Abu al-'Abbas Najm al-Din Ahmad bin Muhammad bin Makki bin Yasin al-Qamuli, al-Asnawi, al-Asfirmani, Ibn Daqiq al-'Eid and many more. 

Ibn Hajar further explains that this accusation of kufr either with or without the ta'wil is prohibited by the councils of clerics. If the person who commits it legalize this, then he becomes a disbeliever; since "everybody among the Muslims knows that hurting other Muslims especially with this despicable word as something which is ḥaram!" (Ibn Hajar in al-I'lām, pp. 339-342).

Maliki School View

Malik bin Anas was also a teacher of Abu Idris al-Shafi'i so basically they learned from each other on the practices of the people of Medina. The practices of the people of Medina are deemed with great honor and many generations of tabi'in learned from them in the matter of the "Path" and its practices.

Abu al-Walid bin Muhammad bin Ahmad bin Rushd (1126-1198) among the scholars from this school of jurisprudence interpreted those hadiths mentioned above and says:
"Whoever commits that (accusing other Muslims as infidel), then he becomes an infidel if he has the belief that his brother who is a Muslim, really is an infidel (not kufr al-Ni'mah)". 
The gravity of this action is that if the defendant really an apostate, then the charge of the plaintiff is true. However, if the defendant is not an apostate and is still a Muslim by heart and by practices, then the plaintiff automatically becomes an infidel. Having the belief that Faith is a blasphemy is a blasphemous thought.

Enormity of the Issue

The discussion above displays the enormity of this question of takfir within Muslim society as according to Islamic view. It is hazardous for the religion and the creed of the plaintiffs and those involved with them. The implication of this accusation is enormous. It involves several issues as it poses spill-over effects such as on the questions of the blood of the defendants, matrimonial issues, guardianship, slaughtering of the sacrifice for meat consumption and so on. 

While a person who is a Muslim by inheritance and those who testify their faith on the God the Highest through the revelation upon Muhammad s.a.w are Muslims by confidence and through the decisions of the majority of clerics involved in jurisprudence and law; where the basis comes from the traditions...

Says the noble prophet Muhammad s.a.w which more or less means, "I was commanded by the God the Highest to defend the "Word of Testimony" that there is no gods but only the God the Highest and they would return to Him with the teachings that I am revealed with.. Their safety is under my safeguard and their possessions are under my guardianship except with the security keeping rights; and the judgement is submitted only to the God the Highest!" 

The majority of our clerics agreed that those whose safety and security being supervised under our administration and guardianship with the Word of Testimony as those who submit themselves to the God the Highest, the Muslims.

The question on the legalization of other Muslims' blood is not a small matter within the framework of Islamic view. It could be reviewed in the literature of Ibn Hajar in his al-Zawajir; 2:88-95) through the hadith:
"If the whole dwellers of the heavens and earth associate themselves to spill the blood of a believer, thus they would certainly be thrown into the Hell! Killing a believer is heavier within the view of the God the Highest as compared to the destruction of the world; Whoever involves himself in the spilling of the blood of a Muslim although it is only with their speech, and in between his two eyes being stamped with "driven out from the mercy of the God the Highest!"
Sealed with prayers for mercy, peace and love, amin!  

Takfir: Interpretations

Assalamu'alaikum wa rahmatullah


According to Wan Zahidi Wan Teh (1987), many scholars have taken two ways in interpreting the word "kufr" from the clauses of the Quran and the Traditions.

Kufr al-I'tiqādi

This state would make one being excluded from the faith when it is accompanied with the belief that the rules and commandments of the God are not obligatory upon him. For e.g, a person who drinks alcohol with the belief that it is legal for him though it is obviously illegal within the Scripture. In this state, jurists are in accordance that a person who by heart goes against any common terms agreed by the majority of scholars of jurisprudence as a kufr within this state. In this matter, it would return to one's conscience to establish the "Path" within himself since others could not determine one's state of heart. It is an abstract matter.

Ta'wil of Kufr

The jurists would find the terms within the Quran and the Traditions with regard to kufr and would set up the penal code for certain vices. How do we do the ta'wil of the word from Quranic verses? Ta'wil means we elaborate and explain the meaning of the verses within the Glorious Quran which consist hidden meanings. There are two kinds of verses within the Glorious Quran which are the Muḥkamāt (obvious) and the Mutashabihat (ambiguous).

The Mutashabihat verses must be interpreted with responsibility and public would have to be careful with the interpretations of these verses since they could also be falsely used by people who are trying to take advantages on others or those who try to distort the teachings. This is why I am talking about the importance of the studies such as philology, rhetoric, linguistic, history, and several other basics other than religious studies such as exegesis, creed, scriptural studies, traditions, criminology, psychology and so on. It is not as simple as listening to lectures from recorded videos, television, audio or simply attending lectures of a particular movement for a person to be a "judge" within our system. The process is just like we are studying the normal Civil and Common Law in the campus. The difference is that the law student of Shari'a system are not as popular as those who study Western law where they are respected more by people around. Those who study in Shari'a stream must be acquainted with a higher level of Arabic knowledge just like British Common Law attorneys must be proficient English speakers and several other branch of sciences.

Through this method, the word kufr is used to refer the degree of sins (al-Taġliẓ) and to warn everyone to stay away from them as a precaution (al-Tarḥīb). This kind of interpretation for the particular word is necessary as to make sure that there is no conflicting of rulings within the clauses of the law. It has been convicted through the verses in existence within our scripture that a person who committed major sins (crime) is not an infidel unless if he believes that what he has committed as something which is legal for himself (el-Hodaibi; 1977; 59).

Al-Bukhari in his compilation of traditions in the first part of the book also mentioned a topic which is, "Kufr (of a Wife) to the Husband and the Kufr which is Not (Really) Kufr". Ibn al-Arabi in his explanations says that, al-Bukhari has stated through this statement that, "Obedience is known as the faith, while disobedience and vices are known as kufr. When kufr is used to refer vices, it is not used in the sense that a Muslim who committed the major sins or major crimes, being assumed as an apostate. He is still a Muslim but his crime is an act of kufr which requires him to seek forgiveness and performing penitence". 

In another chapter, al-Bukhari says, "Every vice is the practice of ignorance; while those commit it could not be judged as an infidel except with associating the God the Highest with creatures (ego)". Ibn Hajar of Ashkelon in his explanation says regarding this, "It has been explained that vices are known as kufr as a majaz (statement alluding) to the Kufr al-Ni'mah. It is not being used in reference to the state of Kufr al-I'tiqadi". As to say, al-Bukhari means that, "The word kufr which is used to denote the vices committed by a Muslim does not expel him from the Path of Islam; differently to the Kharijites of the past who penalized other Muslims who committed sins as kufr in the sense of their creed is not in accordance to the Islamic creed".

And says the God the Highest, "And He forgives sins except that (polytheism), for whoever that He wishes" (Surah al-Nisā' 4:116). 

And these are the opinions of the clerics within the traditional group of clerics with regard to the interpretation of the word kufr as according to the clauses of the "Path" upon Muslims who commit vices which does not expel him from the circle of Islam. However, the act which makes a person become an apostate for example:

a. Abusing the Scripture, which is the Glorious Quran.
b. Prostrating in veneration to idols.
c. Disobedience toward compulsory practices prescribed within the Path which has been affirmed by the councils of clerics such as:
  • The six articles of Faith.
  • The five articles of Islam.
  • Legalizing crimes which have been clearly stated as crimes within the scripture.
These matters could easily be acknowledged even by public Muslims other than the reference to the councils of the majority of clerics. They were separately discussed by our clerics within jurisprudence studies, the studies on creed and studies on vices which do not cause a Muslim being excommunicated from the society as an apostate. 

Sealed with prayers for mercy, peace and love, amin!     

Saturday, 7 December 2013

Ibn Katir: Defining Kufr

Assalamu'alaikum wa rahmatullah


This simple word is not really easy to be explained because it is a technical term in our jurisprudence. This term is closely connected to the word takfir which would be translated into English as excommunication or the act of accusing others as infidel especially in the same larger religious body. In the beginning, they declare each other as heretical and later they accuse each other as infidels. I am holding a great burden now while typing this matter because I really hate to listen to fitnas which circulating around me... I am trying to write in the spirit of seeking Muslim clerics all over the world to please... please... think with clear mind when giving out jurisdictions and explain things without distorting anything or you will be held responsible for the sins of the "Jewish cohens and Christian priests!!!" Be among those humble servants of the God who spread the mercy to the universe and those who lead to salvation! Do not be the violence tormenting the creatures of the God and leading them to the "hell-fire" and the pit of darkness!

Contemplation

Before I am going further into this topic, I would like to put up a historical event in Kerala which is a state in South India. Our fourth prime minister, Mahathir Muhammad Iskandar is a son of a Malabari man and of course Malabar is a long coast of Kerala state which faces the Arabian Sea. The history of Southern Thailand (Kra Isthmus), Indochina and Northern Malayan Peninsula was closely related to the advent of Brahmanism-Buddhism from the land and maritime routes since BC and it is not surprising at all when we check the link between natives in these areas with people of Western, Southern and Eastern India even until today. 

The historical incident around 15th century Kerala was not so pleasant where there were clashes between local Christian community with Portuguese up to the Coonan Cross allegiance where the local Christians alleged not to submit themselves to Portuguese ecclesiastical authority. There were ancient Christian community of Kerala who still exist until today and they were known as the Saint Thomas Christians. They had experienced various splits where some of them adopted the rites of different Churches such as the Jacobites Church, the Eastern Syriac Church (Oriental Orthodoxy) and some in the north who were in communion with the Roman Catholic Church of Europe in these recent. All of these Church bodies actually excommunicated each other. Much like the Sunni Muslims excommunicated the Shia Muslims and so on. History of Kerala state in 15th century could be accessed from Muslim literature known as Tuhfat al-Mujahidīn by Sheikh Zainuddin Makhdum. It was written in Arabic but translated later into English. For Malaysians, you could find this book from your local bookstores such as Dewan Bahasa and Pustaka (DBP) and others. The book was made available in English by Muhammad Nainar.  

I have heard a young religious teacher, maybe he associated himself with particular religious group affiliation who talk in the musalla about Shi'ism and he told everyone about his experience stepping inside a Shi'a Muslim mosque in Iraq and just before the prayer service begin, he walked out as he realized that he was in a "wrong" mosque. I am not trying to be in the side of the Shi'a Muslims nor supporting some of them who went over the board by cursing others as if they are holier but I personally think that this attitude of excommunicating each other resembles what happened in Christian communities... While there are some Muslims who recite the exegesis that Muslims should not be like the Christians (the deflected for going over the board in religion) nor Jews (the ones who were stamped with the wrath of the God for too much pride) but they are the ones who behave like the examples given in the Quran. And I do not look at those Christians and Jews with the view of "otherness". They are our brethren... They live in the same realm with us in the deeds earth. They are human-beings who share the same characteristics like us and they are our mirrors. They reflect ourselves! When I read the history of European Middle Ages, I could actually see the attitude of those backward people in Afghanistan, Pakistan and even parts of Middle East.

When we recite the Quran, it is Him who speaks with us. He is talking to us through the Words and does not talking to other who do not recite the Quran (al-Kitāb). What does that mean? What each one of us understood from the term, "insight"? Insight is a terminological word. Maybe we are so much into complicated matters that we had forgotten the simple ones.     

Definition of Kufr

This is just a definition for the word كُفر kufr and this word is the root word for kafir, mokaffir and takfir. Maybe there are many sections in religious books or even sites in virtual world explained about this but I am compiling this for my material in this site. 

Literally, the word kufr means closing. Technically as in our jurisprudence term, it refers to disbelieving the God the Highest and His messengers either by intentionally mocking them or without any intention to mock them. For example, a Muslim is a kufr when he mock Jesus the Christ although he is not a Christian. A Muslim who mocks anything about Moses the prophet or any other prophet is a kufr although he is a non-Jewish person. Because both Jesus the Christ and Moses the prophet are the prophets respected within our faith (Six Articles of Faith). Of course those who disbelieve the prophethood of Muhammad s.a.w are non-Muslims although they believe in the God the Highest as the prophethood is concluded within the Glorious Quran in the Revelation and His words articulated through his tongue and the light illuminated through his heart. Basically, kufr is a great disobedience to the God the Highest. It is an opposite to the Faith. Faith is to accept perfectly the Revelation revealed to the noble prophet Muhammad s.a.w while Kufr is its rejection.

Cognate Word

In Arabic sister languages for example, Hebrew... Kufr for them has several meanings with different vowel prolongation. For example, it means the price of life as in כפר נפש kofer nefesh. It is mentioned in the Sefer Shemot (Torah) 30:11-16 that the God the Highest commanded to Moses that every man of the Children of Israel when reaching 20 years old shall give the ransom for their soul as an offering unto the Lord half a Shekel after the shekel of the holy sanctuary. An half Shekel shall be the offering the Lord of the Holy Sanctuary in the Land of Cana'an and another to the holy sanctuary for the service of tabūt (tabernacle) of the congregation as the memorial for the atonement of souls of the Children of Israel. The word could also be articulated in Hebrew as Kūfer can also mean an unbeliever. 

The basic meaning of this word in Hebrew is "atonement" of the soul where one pays some price to the holy sanctuary as a memorial service that they should pray for their sins to be forgiven and pray for their soul to be saved by the God the Highest. There are heretics withing Judaism jurisprudence system and one of them who was considered as heretic was Jesus the Christ... By the way, the cognate system of Sharia within Orthodox Judaism which evolved from the Parushim branch of Jewish people during Roman conquest, is known as the Halacha.

Types of Kufr

There are two kinds of kufr where one is the denial of the Faith and the second is a denial of  a branch of the branches of the Path. Kufr as what has been explained by Ibn Katir in his Quranic exegesis is divided into two kinds of it. The Quran uses the word kufr to denote a person who covers up or hides realities, one who refuses to accept the dominion and authority of the God the Highest. The dominion and authority of the God the Highest is not the dominion of "Muslims"! I had seen some misleading placards displayed in demonstrations across Europe and that is subjectively incorrect! Muslims are not the ones who dominate the Earth nor anyone who is identified as the "creatures". The dominion is of the Creator who creates the universe and the Lord of the universe, who controls the judgement in the hereafter and who resurrects the soul.  

The types of kufr are of the major and minor ones....

Major Kufr

1. Kufr al-'Inād which is a kind of disbelief due to stubbornness. It applies to someone who knows the Turth and admits to know the Truth, and knowing it with his tongue but he refuses to accept it and refrains from making a declaration of faith. The God the Highest will be saying to the angels of the hell, "Throw those obstinate disbelievers into the hell" (Surah Qaf 50:24).

2. Kufr al-Iṅkār. Disbelief out of denial. This applies to someone who denies with both heart and tongue. The God the Highest says, "They recognize the favors of the God, yet they deny them. Most of them are disbelievers" (Surah al-Nahl 16:83).

3. Kufr al-Kibr. Disbelief happens due to arrogance and pride of one self or identification of certain mental state to one self (egoism). The example of this state of disbelief is of the Devil. 

4. Kufr al-Juhūd. Disbelief out of rejection. This applies to someone who acknowledges the Truth in his heart but rejects it with his tongue. This state of kufr is applicable to those who call themselves Muslims! But they reject any one of the obligations of Islam mentioned within the traditional Articles of Islam for e.g compulsory daily salat services and tithe for the sanctification of one's treasure which is given to the poor according to certain conditions prescribed within the jurisprudence. The God the Highest says which means, "They denied them (the signs) even though their hearts admitted them, out of injustice and haughtiness" (Surah al-Naml 27:14).

5. Kufr al-Nifāq. Disbelief due to hypocrisy. This applies to someone who pretends to be a believer but conceals his disbelief. Such a person is known as a hypocrite. The God the Highest says, "Verily the hypocrites will be in the lowest depths of the Hell. You will find no one to help them" (Surah al-Nisā' 4:145)."That is because they believed (outer), and then they disbelieved (inner), so their hearts were sealed over (because of their choice), and they do not understand"  (Surah al-Munafiqun 63:3).

6. Kufr al-Istihāl. Disbelief out of bend things to legalize illegal matters due to his own like or dislike. This applies to someone who accepts as lawful those which the God the Highest had clearly made unlawful through the Revelation such as alcohol or adultery. Only the God the Highest has the prerogative to make things lawful or unlawful and those who seek to interfere with His right are like rivals to Him. Therefore they fall outside the boundaries of the faith to Him.

7. Kufr al-Kurḥ. Disbelief out of detesting any of the commands of the God the Highest. The God the Highest says which means, "Destruction has been consigned to those who disbelieve and He will render their actions void. This is because they are averse to that which the God has revealed so He has made their actions fruitless" (Surah Muhammad 47:8-9).

8. Kufr al-Istihzaha. Disbelief due to mockery and derision. The God the Highest says, "Was it at the God, His signs and His messengers that you were mocking? Make no excuses! You have disbelieved after you have believed" (Surah al-Tawbah 9:65-66).

9. Kufr al-Irādh. Disbelief due to avoidance. This applies to those who turn away and avoid the Truth revealed through Muhammad s.a.w. The God the Highest says, "And who is more unjust than he who is reminded of his Lord's signs but then turns away from them. Then he forgets what he has sent forward (for the Day of Judgement)" (Surah al-Kahfi 18:57).  

10. Kufr al-Estibdāl. Disbelief due to trying to substitute the Order of the God the Highest. This could take form of...

a. Rejection of the law of the God the Highest which is broadly termed as the Shari'a (the Path) without denying it.  

b. Denial of the Shari'a and therefore rejecting it.

c. Substituting the Shari'a with other laws. 

d. Substituting the Shari'a for man-made laws. The God the Highest says, "Or have they partners with the God the Highest who have instituted for them a religion which the God has not allowed" (Surah al-Shurā 42:8). He says, "Say not concerning that which your tongues put forth falsely (that) is lawful and this is forbidden so as to invent a lie against the God. Verily, those who invent a lie against the God will never prosper" (Surah al-Nahl 16:116).

Avoid assuming that our knowledge about the particular topic such as Shari'a is the ultimate one especially when we get it from newspapers' article or blogosphere since people are of different backgrounds and motives. I was a student of Islamic educational system and in the same time, I was also informally educated at Buddhist monasteries when I walked for the Buddhist monasteries and holy sanctuaries (dharmyatra) as I was a confused little boy. I took Shari'a as a major subject during my A-Level paper and it was divided into the Usūluddīn and the Shari'a.

Minor Kufr

Minor kufr does not make a Muslim who commits it or being in the state as a non-Muslim. It refers to false actions which have been committed by a person when his heart and intellectual faculties were in the darkness. It is termed as Kufr al-'Amaly.

Kufr al-'Amaly are the sins which is mentioned in the Quran and the traditions as the sins of kufr but are not reaching the level of the major ones. An example for this is killing other beings as such mentioned by the noble prophet Muhammad s.a.w in a hadith, "A Muslim who abuse another Muslim has committed an act of evil and a Muslim who killed another Muslim has committed an act of kufr". Noble prophet Muhammad s.a.w also mentions, "Never behave like the infidels as some of you will massacre the other after I am departing". This already happened where we could see some mentally ill people had bombed others whom they do not agree with such as in Syria, in Iraq, in Pakistan and also in Saudi Arabia as examples. I keep the whole reports about the incidents from various news sources and I am extremely sad when I ponder the hadith of prophet Muhammad s.a.w!

However, there is also a mention that a Muslim who commit major sins such as killing other beings is still a believer and the God says which means, "O believers, it is obliged upon you with the qiṣāṣ with regard to those who were killed" (al-Baqarah 2:178). And try to relate this with the meaning posed at the cognate word in Hebrew above. The God the Highest brings out those who kill others among the believers, and even linked them to the guardian and the beneficiary of the victim where the beneficiary of the victim has the right over the qiṣāṣ or retribution. The Muslim who killed other Muslims is still deemed as a Muslim and the brother to those who were victimized (Surah al-Hujurat 49:9-10).    

Then, there is the term of Kufr al-Ni'mah which is the state of denial of the grace of the God the Highest upon His creatures. From the basic ones to elaborate ones. This is mentioned in the Surah al-Nahl 83 which means, "They recognize the favours of the God the Highest. Yet they deny them; and most of them are ungrateful (beings)". In this sense, these kind of beings are known as ingrates and this is the translation of kafir for the beings who are in this state.

Swearing in the names other than the God the Highest is also counted as an act of kufr which will lead one to infidelity state. Prophet Muhammad s.a.w says in a hadith, "Whoever swears in the names other than the God the Highest thus he is a polytheist and a disbeliever". 

For Shari'a students, I believe that we have to study more on Human Rights, Activism and also International Law for comparative studies. Nowadays are not like those days in the past and we have to keep track with issues around the world. I myself studied International Law, Continental European Law and also British Common Law. My supervisor for the thesis that I had done was a Common Law attorney. Other than that, history is a basic science that one needs as a tool if they wanted to be involved in Shari'a discourses. You have to be a museum kind of person, haha.  

Conclusion

There are differences between the major and minor kufr.....

Major Kufr

The person who commits the acts which makes him fallen into this state is excluded from the Path of Islam. His previous meritorious deeds would automatically be invalid. He shall forever being damned in the hell. 

His blood is legal (capital punishment) and his possession is also legal provided that "if" he poses threats to other believers such as trying to attack the believers, committing acts of ill-intentions to believers or harming believers just like what happened to other criminals. 

There should be no relationship between a Muslim with a Muslim who turns to be a disbeliever in this sense of major kufr although he is a close family and provided that if he pose threats to believing Muslims.

Minor Kufr

The person who commits the sins are still believers and a Muslim. His previous meritorious deeds are valid but it will affect his merit as according to the gravity of his sin. The criminal is still exposed to threats. He is not subjected to be forever in the hell or the God the Highest would provide salvation for Him as according to His mercy that he could avoid the hell and this is also depend to his deeds. This is not for a person to day dreaming and thinking that he would be free from the hell since he claims that he is a Muslim. The God the Highest is not "stupid" and never look down to Him! He is watching our thought and deeds in every angle. 

There is no prohibition as according to jurisprudence term for other Muslims to be loyal to the Muslim who commits crimes or loving him as according to the degree of his faith or for him to be hated as according to the degree of his vice. The same thing also being spoken about the major and minor polytheism. 

Closing

These are among those which I am able to compile and the main focus is the Muslim ourselves. This post is more to an attempt to find specific definition for the term, kufr which is the root word for other derivations such as kafir, takfir, mokaffir and so on. Terminologies are important and many bad things that happened around us are due to that we are trapped in terminologies. So, the first step for us to understand things around us is through the understanding of terminologies and words. 

God the Highest says which means, "It is those who believe not in the Signs of the God the Highest, that forge falsehood: it is they who lie!" (Surah al-Nahl 16:105). Noble prophet Muhammad said, "Whoever says something which I have never said, thus be ready to take place in the hell" (al-Zahabi in al-Kaba'ir). This is so much a warning for everyone of us to be very careful with our thought, speech and actions. 

There are many layers of the "Sunnah" as recorded in the history so why not we practice all of those traditions? While we are hapless, penniless and without any support from around then we practice the "Sunnah" while prophet Muhammad s.a.w in the beginning of Revelation to him and the transmission of the Revelation through da'awa in patience and perseverance. If we are deprived then move out from the condition or situation. Move out to the better ones.   

If we are capable and reaching certain strength thus practice noble morality of the prophet Muhammad s.a.w and it is also his "Sunnah". He returned to Holy Mecca after 10 years living there and transmitting the teachings to people around just to clean his hometown from polytheism without judging those who committed polytheism there. The most highest teaching related to the Oneness of the God the Highest is noble morality and it is the one which attracts the heart of commoners everywhere because it is based of the love and devotion for Him! We cannot win people mind and heart with violence and so try to check closely the sīrah of the prophet Muhammad s.a.w may we get benefit and guidance from his life.  

"O my God, I am not worth for Your paradise. But Your hell is also unbearable for me. We are Your servants seeking mercy compassionate from You. Dear the God the Highest, make us the servants who fear from being forsaken by You. Forgive us our sins, forgive us our parents and forgive the whole nations and our brethren either those who are still living or have gone!"     

Sealed with prayers for mercy, peace and love, amin!

Tuesday, 26 November 2013

Takfir: Summary of al-Tahawi

Assalaamu'alaikum wa rahmatullah


The explanation of al-Tahawi Creed with regard to the crimes and accusation of infidelity is summarized by Wan Zahid Wan Teh (1987) in his treatise Takfir Problem in Muslim Society. In evidences of both primary and secondary sources of our "Path", namely the Quran and the Traditions, there are terms such as kufr, shirk, unfaithful and so on for crimes and vices such as killing a life, refusing to execute the commandment of the God the Highest by a Muslim, breaking promises and treaties, accusing another Muslim as an infidel, lying, drinking alcohol, stealing, skipping obligatory prayer services, soothsaying, swearing with other Names other than Him, defecating one's lineage and insulting his ancestors, lamenting over the dead and the list goes on like what has been clearly mentioned in evidences of the sources.

Whether these terms such as kufr, shirk and so on as such being used in evidences of the Quranic and prophetic tradition sources related to those crimes means that the criminal is an apostate (murtad)? If so then almost all of Muslim nations are liable to apostasy and so, are infidels. Because whoever among Muslims are infallible? Whoever among Muslims never commits those vices and sinful acts mentioned as in examples such as breaking promises, breaking treaties, lying, cheating, debating or arguing until they are deflected from the track of the Truth? Only noble prophets and messengers appointed by the God the Highest are infallible but not public Muslims nor Muslim clerics.  

This kind of ideology is contradictory to the consensus of Sunnah Muslim clerics in their opinions, that a Muslim who commits major sins is not an infidel. But he is still a Muslim. Their opinions were based from clear evidences of the Quran and Prophetic Traditions who never assume that sinners who commit major sins or vices as apostates or infidels (Wan Teh, 1987). They were punished only according to their crimes and never excommunicated from the congregation of the faithful Muslims. 

The noble prophet Muhammad s.a.w himself prohibits companions from cursing or teasing a person who had few times being imposed with restrictions (in form of lashes) at the court because he took alcohol. Prophet Muhammad s.a.w says, "Do not be assistants of Satan by severing more your brethren!" (al-Ghazali in al-Ihya 3:121).    

Noble prophet Muhammad s.a.w still calls the person prosecuted as a brother to others although he keeps drinking and prohibited others from abusing him because of his crimes. And we can see how open the heart of the noble prophet Muhammad s.a.w toward a brother or a sister although he or she commits a "major" crime. Isn't this a good lesson in propagating Islam and bringing everyone to common words rather than impatiently throwing out abusive terms such as ṭāġūt, pharaoh and so on to other congregations or groups while everyone are Muslims?

Sealed with prayers for mercy, peace, and love, amin!

Takfir: Consensus of Sunnah Clerics

Assalaamu'alaikum wa rahmatullah


All of Sunnah Muslim clerics unanimously agree that a Muslim who commits major sins is still a Muslim and he is still in the fold of Islam. This is contradictory to the view of the Kharijites. This is on the ground that if a Muslim who commits major sins being accused as an infidel with the connotation that he is not a Muslim no more, then it also means that every Muslim who commits major sins is an apostate and he should be executed or killed according to traditional principle as what we see happened everywhere in Muslim area in the Middle East, in Africa, in South Asia and in some places in South East Asia. 

The implication for this are that, the beneficiary of the killed person will lost the space for forgiveness and he only has the right for Qisas (an eye for an eye, a tooth for a tooth) on those who executed him and that there would be no limitation principles for crimes such as stealing, adultery and drinking alcohol. So, this opinion is obviously cancelled and not effective in Islamic view without having to bring up any evidence from primary and secondary sources no more (Wan Teh, 1987).

The Sunnah tradition maintains the view that a Muslim who commits a major sin is not an infidel and is still a Muslim. He is not a subject of eternal torments of the hereafter. This is also different to the view of Mu'tazilites that a Muslim who commits major sins would eternally being tormented in bitterness in the hereafter. 

The Mu'tazilites' view on this matter is not suitable with the notion that a sinner who commits major sin is a Muslim as such it is mentioned in the Glorious Quran which means, "O you who have believed, prescribed for you is legal retribution for those murdered; the for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment" (Surah al-Baqarah 2:178).

The verse does not excommunicate a murderer of a Muslim from Islamic faith, but he is mentioned as a brother to the beneficiaries of the victim as an example. And the verse for sure is referring to brothers in "Islam". Evidences from the Quran, the traditions and consensus of clerics showing that adulterers, thieves, and those who falsely accuse the other with adultery were not killed but being punished according to restrictions or limitation principles. These people were not judged as apostates nor infidels (Explanation of al-Tahawi Creed; p.g 301). For restrictions or limitation principles in punishment, please make sure that everyone check the term first before throwing out words because it is a technical term in our law and the law is a distinct field of its own. Just like the British Common Law or Continental European Law, we also have our technical terms and principles. I am not sure how the Mullas there were educated but I studied the basic law from our school of jurisprudence basically the Shafi'ie school since it is the major school practiced here. Maybe there was a lack of communication among jurisprudence practitioners and judges so we face the problem like we are facing today in certain area such as in Middle East or in South Asia.         

Sealed with prayers for mercy, peace and love, amin!

Saturday, 23 November 2013

Takfir: Experience and Reviews

Assalaamu'alaikum wa rahmatullah


If we analyze this phenomena which exists in Muslim societies since the early period until today, we could see that the main factor for this is due to confusion in the interpretation of Quranic verses and few hadiths. The result brings up the view that those who commits certain vices are considered as infidel. 

Personal Experience

I had encountered this situation at a mosque in our area where suddenly a Saudi man talking to me in Arabic though I replied to him in English. He suddenly complaining to me about there were few people in the mosque as compared to his country. He said that he thought the people here are Muslims but it turns out that they are infidels. Coincidentally, there was a carnival organized like a kilometer from the mosque and there were many people there too. 

I was lazy to argue with that kind of blocked mentality person because he said that he cannot easily find mosque at Sunway City where he stayed with his family. The first thing which comes out from my mind is that although he heard that this country is filled with majority Muslim population but what is wrong with researches before he reaches this country or any other place? There are many prayer rooms in this country and it depends also to the area where he stayed. Or he simply come to other country because he wanted to enjoy the leisure with his family instead making his travel a kind of lesson for him and his family? What gives him right to judge the people here? I was in the mosque and I pray simply like others but why was he complaining to me as if he is a holy creature? I never consider this country where I live as an "Islamic" state. Even the Kingdom of Saudi Arabia is not and never an "Islamic" state but why flatter our selves as if we are so perfect? Nobody is perfect except the God the Highest. I just walked pass him with my elder sister because we do not want to slap his face with our slippers in a mosque, a holy sanctuary where we should not bring thing which is not peaceful. What an insolent Saudi! Just because our holy lands in Hejaz are contained by the border of the Najd Sultanate does not gives them right to judge us! Only the God is the One who has the right! I do not even care if the Gulf states are rich. I only care to those who speak with manner and humble before the God. Even an ignorant among the ignorant could tell whether a person is a nice person or an ego!    

Other than that, the carnivals organized by our government also consist prayer rooms. We have prayer rooms and musalla besides mosques in almost everywhere, in shopping complexes, in offices, in library, in the varsity, in restaurants or people will outrage to the government and complain for neglecting the majority's right in religious practices. Before you travel to other countries, make sure you do researches and never think that people are the same with you! This world is not only revolves around you. If you feel that you cannot take the challenge of traveling and trying to impose your view on others then you can find the door and get out! Live and travel only in your own country. I am an Arab myself but I never behave like that to people. Because of their barbaric attitude, even we in the overseas who never live in Arabian Peninsula after being driven out by previous "Islamic" empires have to hear stereotypes about Arab nations like other races are free from flaws such as:
  • Arabs are fanatics of their nation.
  • Cheaters and opportunistic over people's charity.
  • Arabs are respected only because of the noble Quran and because of prophet Muhammad s.a.w was born among the Arabs.
I cannot help but to answer this... What is wrong if we celebrate our root and nationality just like other nations? Everybody is entitled to their ethnicity and identity so people could get to know each other, learn new things from each other and make friends (Surah al-Hujurat 49:13). 

The second one is an over-generalization. You can find people like this in almost everywhere as long as you are known as human. There are many forms of "satan" and one of them is "human". Arabs were never angels and never are angels! The Arabs are human-being with the inclination either to goodness or evil just the same like you, the Malays! Just like everyone else. There is no verses in the Quran which say that Arabs or Jews are angels of the God the Highest. Both nations are of "human" race! The sons of Adam.

The third one is the most irritating statement everrr! If you wanted to question this, why not consider to ask the God the Highest why He gives the Quran to Arabs and why He makes Muhammad s.a.w an Arab? It is a speculative statement. You are having a perception out of this and it is because you have heard this from this guy and that lady and they were taught so and so. It is the same like you are questioning the Wisdom of the God the Highest while we cannot even comprehend His Will and actions. Nobody can decide on what race is he going to be born in. Either to be an Arab, a Malay, an English, a Jew, a Brahmin or a Chinese. It is the decision of the God the Highest, His Will. Prophet Muhammad s.a.w has no power to decide over his birth so why people are talking like godless people?

Muhammad s.a.w was not the only Arab prophet but there were also prophet Ṣāleh a.s. and prophet Hūd a.s. Both of them were ancient Arabs. Prophet Muhammad s.a.w himself is of mixed ancestry from Ismael a.s as prophet Abraham a.s his father, was from the city of Ur of Sumeria while his mother, Hagar was a captive woman who was brought to Egypt after a battle between a Western country with Egyptian empire. She was a servant in the Hyksos king palace before being given as a maid to Abraham a.s. There are many prophets of the God the Highest who are not mentioned in the scripture because they only teach their tribes and nations in their region. Why not looking at everyone as human first? Rather than talking about this race and that race when it is about negative things? Why not checking what prophet Muhammad s.a.w said during the final sermon in 'Arafah? Does that mean all Arabs are "satans" if an Arab is behaving like a "satan"? The same thing should also go to other nations. I regret that I still have to hear this racist remark. The basis of whatever struggle of a person, should be based on his "morality", the content of his character and not his racial background. The Justice of the God prevails over nationality!

Clearing the Issue

In clearing the issue, we found sources from the "Explanation of the Creed of al-Tahawi" which is popular among the four recognized schools of jurisprudence practiced by the majority of Muslim nations and the quote by al-Subki:
"Al-Tahawi while explaining the traditional creed about the takfir issue says that, 'We (the people of tradition) should never accuse others from the member of the quibla (Muslims) because of the vices committed without any confidence that they are legal (according to Quran and prophetic traditions); however we never deny that sins and vices could bring disadvantages to the "faithfuls".
While explaining the quotes from al-Tahawi, al-Subki says, "But there is a question with regard to the speech of al-Tahawi, where the law has also nominated certain sins as not faithful". For example, the saying of the God the Highest recorded in the Glorious Quran in Surah al-Maidah 5:44 which means...
Indeed, We sent down the Torah, in which was guidance and light. The prophets who submitted (to the God) judged by it for the Jews, as did the rabbis and scholars by that with which they were entrusted of the Scripture of the God, and they were witnesses thereto. So, do not fear the human-being but fear Me, and do not exchange My verses for a small price. And whoever does not judge by what the God has revealed, then it is those who are the disbelievers.
And the saying of the noble prophet Muhammad s.a.w regarding a Muslim with a Muslim, "To curse a believer is evil, and to wage war with him is infidelity" (Bukhari Compilation).

"Do not be disbelievers after I am gone in which some of you are decapitate the head of the other" (killing and waging war among Muslims); When a believer saying to one another, "O infidel! Thus the word cast to the other shall return to him who cast it out".

Four matters which will turn a person into a full hypocrite if he possess them all and he will possess a hypocrite trait if he possess one of these until he entirely leaves them which are...

1. When talking he tells lies.
2. When he made a promise and he breaks it.
3. When he is in a contract, pact and treaty and he breaks these.
4. When he argue, he goes over the board.

These which our Muslim brethren always accuse on our Jewish brethren in general are not really the accusation of the Quran on the whole Jewish nation! But these are the human trait which arise in human "self". It does not matter whether you are a German, an Arab or a Jewish. If you possess all of these traits, then you are a full hypocrite! If you possess one of these traits, then you still are hypocrites. And I am against people who treat my Jewish brethren or anyone with discrimination or racism because I know how does it feels when we live in foreign land while we are aware about our root and ancestry! I view everyone around me as human-being if he is a human-being when he exhibits negative acts according to the sermon of noble prophet Muhammad s.a.w in the Arafat Hill. I never view others with the notion such as Chinese, Indian, or anything related to their "nationality" because it will lead us to racial supremacy which is divisive and abusive. It is egoism. You cannot be a noble person if you never contemplate from within yourself. Never follow the example of the Western imperial period's orientalists if we do not like to be treated so. The ancient Indian philosophies had taught me a lot and that is why many of our people were sent there to see and to learn from around though most Indians today also leaving behind the wisdom of their honorable ancient sages.

"A person who commits adultery only when he is not faithful to the teachings; A thief only steals when he is not faithful to the teachings; A person only drinks alcohol when he is not faithful to the teachings; and leaving the prayer services makes a person an infidel".

This statement refers to certain times when a person is forgetting the teachings of the noble prophets and messengers of the God the Highest. However, in the end it separates the boundary between a believer and a disbeliever with the prayer services. And how we understood the prayer services is through the Sharia (the Divine Path). In this matter, I do not want and never force non-Muslim to come to Islam. It is never my intention but this is an explanation to myself and Muslim brethren only! I do not really care about whatever faith people wanted to have. That is their choice as long as it does not go against the law , trampling humanity and mercy-compassionate principle because this is the doctrine that I believe mentioned in the the Name of the God the Highest.

"Whoever comes to the soothsayer and believing in him or having genital relation through the back of his wife thus he goes against the teachings of the noble prophet Muhammad s.a.w.; Whoever swears with the names (earthly creatures considered as divine) other than the God the Highest, thus he is an infidel; Two things which make my nations becoming an infidel are, 'cursing the lineage of a person and wailing the death of a person".

A bit on our culture, Arabs love to wail over the death. And just relate it to the statement up there. Because we live in the non-Arab environment so we do not wail so much on the death but only in sadness. Many Malay friends always saying that Indian (Tamils in our country) wailing at the death of their beloved ones. But actually Arabs are also the same. So, these are actually the statements for non-faithful, infidels, and others pertaining the takfir issues. We would see the majority Sunnah Muslim clerics opinion over the accusation of infidelity issue. 

Sealed with prayers for mercy, peace and love, amin!

Thursday, 21 November 2013

Takfir: Historical Observation

Assalaamu'alaikum wa rahmatullah


A very good morning and a peaceful Friday which is a great weekend for us.  I still have few references to compile as a post here. I am not sure whether this could be known as an article because I am not clear about the standard myself, haha. I am planning to move to Bangkok but I do not tell anyone about my plan. It is a Buddhist country but I wanted to go to the United Nation office there rather than the one in Kuala Lumpur and getting the access to accession there. It must be done in stages because I cannot just go there out of blue while I know no one. Our ancestors were also like this before some of our branches becoming king or royal associates in the Malay countries. They were alone or together with their family members.

In my case, I am now alone because my beloved fort which is my father is paralyzed. I am stuck with my responsibility to my father and to be my mother's companion since the noble prophet Muhammad s.a.w mentions that a particular person must take care his own family member first before talking about preaching to others. Moreover, we are Hashemites and we must love our fathers and mothers more than we love our selves. I am not studying in political science simply because I did not know what to do after I graduated from the undergraduate studies. I am not studying in the post-graduate to live a luxurious life or to get an executive position like others think.  I am not interested at all because I am aware that this life is just a "dream" while the fact is behind the veil of the "hereafter".

But rather I am doing anything with the basic ground that I wanted to set this beautiful name well-beloved by the creatures of heavens and earth, Muhammad s.a.w in its original connotation and context. As the mercy of the Lord to the universe and the holder of the scepter of tranquility. This was my prayer just after I decided to become a follower of prophet Muhammad s.a.w in its true meaning and dedication. Some people might think that it is crazy but I already had tried it before I faced conflicts with my sisters because they cannot understand my thought. They had long called me a lunatic and my third sister even had told me to take valium that made me quit from talking with them or other people no more. I never blame them. Human are not perfect and we are also the same mortal human like them so we see them as our reflection. 

Historical Obesrvation

Historically speaking, the issue is nothing new to the nations. It happened since the first century of Hegira in the period of Othman al-'Affan r.a where there were extremists who accused him as an infidel and argued with the evidence from surah al-Maidah 5:44 which means...
Indeed, We sent down the Torah, in which was guidance and light. The prophets who submitted to the God judged by it for the Jews, as did the rabbis and scholars by that which they were entrusted of the Scripture of the God, and they were witnesses thereto. So, do not fear the people but fear Me, and do not exchange My verses for a small price. And whoever does not judge by what the God has revealed, then it is those who are the disbelievers.
In the period of Ali r.a, the Kharijites had put this accusation on him due to that he accepts the peace treaty. Others such as Mu'awiya r.a and two peace makers, Abu Musa al-Ash'ari and Amr bin al-'As were also accused as infidels. Whoever that accepts the peace treaty were also regarded as infidels.

While in Egypt of 1950s, a great tyranny which was committed by the Gamal Abd el-Nasser regime on the Muslim Brotherhood had sparked extreme view among the members of the Brotherhood and it goes to the stage where those members begin to stamp the regime which operates the government as infidels and those who were not opposing them too were accused as infidels.

This ideology is not in accordance to the leaders of Brotherhood view as they adhered to the moderate creed of Ahl Sunnah just like the majority of Muslims around the world. The view of the Ahl Sunnah is that any Muslim who commits vices or even grave sins are not deemed as infidels. The Brotherhood leaders though were imprisoned but had tried hard to set the view of its members right. Among them was the second General Guide of the Brotherhood, Hassan Ismael el-Hoḍaibi. He completed the manuscript of Naḥnu Du'at la Qudat (We are the Callers, not the Judges) which was published after his death in 1977. Many people who analyzed it argued that it is a refutation to Sayyid Qutb's manifesto known as the Ma'alem fi al-Tareq (Milestone along the Way) and his argument of takfir, or the practice of declaring another Muslim as a non-believer. Barbara Zollner in her "Muslim Brotherhood" suggests that Sayyid Qutb was not a direct target of the text, but rather that el-Hoḍaibi wanted to pose respond to a radical marginal group withing the Brotherhood movement.    

One of the main objectives of the text is to define Muslims and disbelievers. Sayyid Qutb had previously argued that so-called "Muslim" governments were actually non-Islamic ignorant that must be abolished by "physical power and war struggle". However, el-Hoḍaibi responds even though a Muslim may have committed a sin or crime that may require punishment, but that person cannot be taken as an apostate. Judgement over Muslims should be left to the God alone. El-Hodaibi also questions whether the testimonies of faith in Islam is sufficient to be a Muslim, or whether there are requirements to act beyond this profession of faith. He argues that only those who actively engage in Islamic cause can be called Muslim.

The efforts of el-Hoḍaibi with regard to the questions has produced a valuable study on the creed of the Ahl Sunnah creed. The translation of this book in Malay was published by Malaysian Islamic Youth Movement (ABIM) in 1985. The translation was made by Ṣalahuddin 'Abdullah. However, this test of takfir cannot be completely eliminated because there are still a minority of people who are tightly attached to their perception and view.

This kind of attachment has been discussed by ancient sage for example, Siddhartha Gautama of Kapilavastu in the contemplation of Five Components about the origins of conflicts in the world. I was trained with this contemplation in the "Path of Self Purification" when I was a young teenage boy. It says like in the method of concentration discourses that..
"Views and perceptions of the eyes, views and perceptions of the sounds, views and perceptions of the smells, view and perceptions of the tastes and feeling, views and perceptions about tangible things, views and perceptions about intangible things in the thought or mind in this temporal world which are in accordance to our "self" and "pleasing" to ourselves, thus there will be the rising of the volition and basis for desires in "self". This, dear ascetics are known as the Noble Truth of the Suffering in the world. These, dear ascetics, are known as the Noble Truth of the Stress in the world. These, dear ascetics, are known as the Noble Truth of the Anxiety in this world. These, dear ascetics are the Noble Truth of the Unsatisfactoriness in the world. This, dear ascetics are known as the Noble Truth of the Conflicts in the world".
In our country as an example, this issue was traced as happening in the 1960's when certain religious teachers from the Kelantan state were involved in this practice in the context of supporting the political struggle related to Islam. The writer such as Wan Zahid Wan Teh reported that he saw this situation himself and witnessing the events where it took place since one of the involved religious teacher was his school teacher while he studied in Kelantan.

Before this issue is further discussed, there is a question which needs to be solved by everyone especially fellow Muslim brethren. Whether this takfir issue which is prevalent in Muslim societies worldwide with all of its dividing implications is a fact in existence or something which is made up? Even for some people, this question is merely an explanation about the boundaries of faith and the opposite. No more no less.

View on Issue

In agreement with Wan Zahidi (1987), I personally think that this issue and all of the impacts risen from the issue is a fact! It exists and is not made up by any party nor simply an expression of principles about the faith and infidelity.

This conclusion is taken based on the experience and based on the observation on news and historical analysis of those people whom we could depend on because of their firm reputation, trustworthiness, morality and according to Islamic methods. Please refer to technical terms such as 'alim, ṭiqah, and wara'. Also check the method of Malik bin Anas and 'Ali bin al-Madini for reporters of narrations, news and reports.

It would be unreasonable to say that, this inquiry is merely an expression of the principle since the expression about the boundaries of faith and infidelity are there stated in our old religious literature either in Classical Malay or in Arabic itself. They were taught to people by teachers since before the existence of political parties like today; however it never raises any conflicts like in our societies today.

As to say, we should honestly deal with this issue and being responsible without trying to escape instead facing this fact without being influenced by any sentiment which could bend our intellect tendency and consideration to any direction. The same thing also about Muslim civil wars which leads to our schism such as the Battle of Siffin and the Battle of Jamal. We should not run from the facts or passing it to the next phase simply because we are afraid of the consequences which is only in our presumptions.

Everyone especially Islamic scholars should sit at the roundtable discussing matters with "clear mind" instead of talking in the phone in TV programs, recorded programs, or writing in the journal or pamphlets without consulting each other. They should first avoiding egoism in scholarship but rather training themselves to be humble before the God the Highest so the tendency to debate in proving this matter or that matter as wrong or right would cease to happen instead everyone could try to be closer to the Truth or facts. This is the way of our salaf al-saleh (pious predecessors) and the tabi'in (pious followers).        

Sealed with prayers for mercy, peace and love, amin!
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