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Official Muslim Response to
on 26-05-2010 21:35:55
AL-ISTIQAMA: OFFICIAL TRAILER
on 01-03-2010 21:15:17
Subject :JUDGING IMAAN AND KUFR BY WHAT IS APPARENT..
: 2009-05-05 21:45:06
: , United States
JUDGING IMAAN AND KUFR BY WHAT IS APPARENT
How do we judge if someone is kaafir? Can we judge someone's heart, to see if he is kaafir? Is that possible? If we look to the example of someone who comes and says Assalamu 'Alaikum to us, we would undoubtedly say that he is Muslim. Do we need to check his heart? No, we know his Islam from his sayings and his actions. We do not need to check his heart, so why if someone's sayings and actions are kufr, should we need to check his heart? Rather when we see someone who is clearly in kufr and Shirk, or we see people competing with Allah (swt), i.e. that they are Taghout, there is no need for us to check his heart, we must make Takfeer on him - that is the Haq of Allah (swt). We have a principle in Islam, that:
"We consider only the apparent in regards to Imaan and kufr, we do not consider that which is concealed."
Usama bin Zaid was sent in an expedition, he spoke about one man in the battlefield, he said:
"… I saw one of them, he said "laa ilaaha illallah". I stabbed him, and after that I felt bad and so told Muhammad (saw) what I did. The Prophet (saw) asked: "did he say laa ilaha illallah, and you killed him?" I said: "He said it, but only out of fear for my sword." He (saw) asked "did you check his heart to see if he believed it?" he kept on repeating that question until I wished that I was not Muslim yet until that day." [Muslim V-2 P-107]
Imam Nawawi repeated another narration where the prophet (saw) continued,
"(the Prophet (saw) said) …did you kill him?" I said: "yes" he said "what will you do about that laa ilaha illallah if it comes to you on the day of judgement?" I asked "ask forgiveness for me o Rasulullah." and every time he saw me after that he (saw) would ask me "what will you do if laa ilaaha illallah comes to you on the day of judgement?""
Usama bin Zaid was dispraised by Muhammad (saw) strongly because he judged someone's intention i.e. what is inside his heart, though his APPARENT i.e. his sayings and actions was showing Islam.
Furthermore, Al Mikhdaad ibn Aswad asked:
"If I found someone who came to me and he fought me, and he cut off my hand, then he went to a tree and I overpower him, and he said 'laa ilaaha illallah,' shouldn't I kill him?" the Prophet (saw) said: "do not kill him, if you kill him, he will take your place, before you killed him. And you will become in his position before you came to fight him." [Sharh Muslim - V-2 P -106]
It is agreed that anyone who says laa ilaaha illallah even in the battlefield, we cannot fight him. Imam Nawawi said:
"Imam Shafi'I and Imam Maalik said, the hadith means, "his life has sanctity after he says "laa ilaaha illallah" the way your situation before you killed him, and your life after you have killed him, has no sanctity the way he was before he testified that there is no god but Allah."
This is because what is apparent from him is Islam, not kufr - so we cannot dig into his heart, to see if he is lying or telling the truth. Instead we must judge according to his sayings and his actions. In the same way on someones kufr, if they are committing clear cut kufr or Shirk like the rulers who rule by kufr law and ally with the kuffar against Muslims, we do not dig to what is in their hearts, we do not say that maybe in their hearts is Imaan - we judge them to be apostates.
Abu Sa'eed Al Khidree narrated:
"A man came to Muhammad (saw), with squinted eyes, with large jaws, with a big forehead and a huge beard, a completely shaven head, with a very high izaar, and he shouted at the Prophet (saw) "Fear Allah!" and he (saw) replied: "dare you, am I not the most god fearing man? Allah trusts me from the seventh heaven, and you do not trust me?" Khalid bin Waleed was there at that time, he said "shouldn't I strike his neck?" he (saw) said, "No, because he prays." Khalid said: "how many pray on their tongue, what is not in their heart?" the Prophet (saw) said: "Allah did not order me to open their chest to judge on what is in the heart. From this man will be descendants who recite Qur'an so beautifully, but it will not reach their throat, they will leave the deen like the arrow from the bow, and if I meet them, I will kill them like the people of Thamud were killed." [Muslim]
This man was Dhul Khuwaisirah Al Tamimie, The Prophet (saw) knows that he is khawaarij, and that from his children will be khawaarij, and that he conceals kufr, but he judged his imaan on his sayings and his actions, not from what was in his heart. Imam Ali killed thousands from the khawaarij, but only after they made takfeer upon and killed one sahabi - Abdullah ibn Khabbab. He did not judge their hearts, rather he judged them when they committed actions and made takfeer on them when they did, despite that they do believe and testify that "laa ilaaha illallah".
Khalid bin Waleed learnt from this that he should not judge someone by intention, but rather by his actions. This helped him in the time of Musailamah Kazab, who used to claim to be the brother of Muhammad and another messenger. Musailamah even used to try to make ayat, similar to the Qur'an. However even his own followers told him that it is better to repeat the ayat of Muhammad, and that they will accept it from him, because his own verses were so obviously defective.
Muja'a was a man who spent some time accompanying the Prophet (saw), and he was from the same town as Musailamah. Khalid bin Waleed was the one who was sent to fight against Musailamah, he conquered, and he captured from them 20 apostates. Muja'a said to him:
"Assalamu 'Alaikum Wa Rahmatullah."
Khalid looked to him and said:
"Now you give me salam?"
"O kahlid you know me, I was among them who gave baya'ah to Muhammad (saw) and I still believe in what I believed in the past …"
"you do not believe in what you believed in the past, and your acceptance to live under this False Prophet (Musailamah kazab) and your silence is your consent. You are the most noble man in Yamamah, you knew that I was coming, yet you stayed with him and you did not come out with me, I cannot find any excuse for you at all, you heard what they said and you did not say a word, and there were among you people less than you, and they spoke against Musailamah, and they have been tortured and had been killed."
"I was fearing from my people,"
"Why did you not come to me or send me a letter, I am going to stop killing you, but I am not going to let you free, between releasing you from my sword and releasing you completely is a middle solution, I am going to imprison you until Allah finds us a way."
He consulted with other sahabah and he killed Muja'a, because he judged his kufr actions NOT his intention.
Imam Shafi'I said about this:
"Khalid bin Waleed considered Muja'ah kaafir because he was silent and he left what he believed in the past."
This Hadith has serious implications for all of the Muslims today, because today we find ourselves in a very strange situation, we are all surrounded by kufr and shirk, and we find false prophets and false gods all around us, calling for Democracy, for freedom, for capitalism. We find many people who claim that the 'western values' are 'human values', and that the whole world must embrace them even at the cost of Islam. we find rulers who do not rule by Islam, but by kufr law - i.e. we find many Taghout like Musailamah. If we are silent against these tawagheet, accepting to live under them without to say a word to condemn them, without to stand with the Muslims against them, then we would fall in the same hole and would be in the same situation as Muja'a. Imam Shafi'i explained that the silence of Muja'a was enough for Khalid bin Waleed to declare him kafir. Without a doubt we must protect ourselves from this kufr and forbid this munkar - the greatest of all munkars - i.e. Al Shirk. Furthermore, if the silence of Muja'ah is enough kufr, then what of those people who support and vote for the Musailamah of today (for the taghout rulers), or those who defend them and work for them?
Further evidence that we judge by what is apparent comes from the hadith, narrated by Nu'aim. He said:
"We were with the Prophet (saw), and a man came. They said he was a kaafir and conspired to take his money, the Prophet (saw) said: "didn't he say 'laa ilaha illallah?" they said: "yes, but only out of fear from the sword." The Prophet (saw) said: "do not kill him, I have been ordered to fight people until they say laa ilaha illallah, after that there life and wealth is protected." They said, "O Messenger, he feared our sword." The Prophet (saw) said: "I have been ordered to judge the apparent." [Nisaa'i 3714]
on this hadith, Sufyan Al Thawrie said:
"This is so clear, that the pillars (the sayings and actions) are for people to see and hear (i.e. they are apparent)."
Another example of this is when a man had accused his pregnant wife of adultery, he had no witnesses but he wanted to make the five oaths, cursing her and cursing himself if he is a liar, and for her to do the same. The Prophet (saw) suggested to wait until after the baby is born, he spoke with the man and said that if the child looks like him then the child is his, and if it looks like the other man it is the other man's child. The child was born and it looked like the other man. The Prophet (saw) asked if she would make the oaths, and she did. He (saw) said:
"Just because of the oath she gave, there will be between her and me a different situation."
He judged her by what was apparent, i.e. the saying that she said, despite the likeness of the child to the other man, and so he did not accuse her further. Furthermore, The Prophet (saw) said:
"Whosoever prays our salah, and faces our qiblah, and eats our slaughtered meat, he is Muslim, and he has the dhimmah of Allah and the dhimmah of the messenger."
So whosoever has apparent actions that are Islamic actions, he is a Muslim. We do not dig further into his heart for his intention - what is apparent is enough for us.
Ali ibn Abi Talib narrated
"Two slaves left on the day of hudaibiyah, from Makkah to Muhammad (saw), they said to Muhammad: "there are two slaves who make hijrah to you, not for your sake, but only to be freed from slavery." Muhammad (saw) angrily said: "you people of Quraish never stop misbehaving until Allah will send over you someone who will strike your neck because of this. I will never send them back, they are people whom Allah freed." [Abu Dawood]
Abdullah ibn Utbah ibn Mas'oud said:
"I heard Umar ibn Khattab say, "there were some people excused by the wahi in the time of rasulullah, but now the wahi has stopped. now we account you by what you do that is apparent. And whoever shows us any corruption, we will never believe him nor trust him even if your intention was good." [Bukhari]
This saying was regarding Haatib ibn Abi Balta'a. Haatib was the one who had signalled to the Quraish that the army of Muhammad (saw) was coming to Makkah, Muhammad (saw) asked him about it, and he did not deny it. Umar ibn Khattab said:
"Let me kill this kaafir."
Allah (swt) revealed to Muhammad (saw) that he did not commit Muwalaat Al Kubra, but that he committed Muwalaat Al Sughra i.e. kufr duna kufr. But also Haatib had special circumstances - he was a man who had fought, and he was from amongst the people of Badr, and was praised to the highest level by Muhammad (saw) in Badr, and he was from Al Sabiqun al Awwalun - i.e. Sahabi Akbar. He was a man who had family in Makkah - and it was to protect them that he did what he did. He did not commit Muwalaat out of kufr to fight with kuffar against Muslims.
Despite this, Muhammad (saw) did NOT condemn Umar for making takfir, nor defend Haatib from Umar's takfir, rather he just said:
"I have been informed that Haatib did not say it out of Muwalaat."
This understanding of Umar ibn Khattab is clear, and is binding on us. Allah (swt) praised the companions of Muhammad (saw) to the highest level, and he declared them to be believers. Their understanding of the Qur'an and Sunnah is binding on us, and it is hujjah (shield) for us on the day of judgement. Umar ibn Khattab explained here that Haatib ibn Balta'ah was excused by the Wahi, while everyone after that is judged by what is apparent, as kafir if they show us kufr, and Muslim if they show us Islam. Furthermore, Muhammad (saw) consented to the takfeer of Umar ibn Khattab here, and only excused Haatib because Allah (swt) made excuse for him via the Wahi, however the Wahi stopped after Muhammad (saw). Furthermore, this is specific to Haatib, this is why in Islam, the judge does not ask for a motive as evidence, because the motive is what is inner not what is apparent, he will ask for a confession or for witnesses who saw the action. The Prophet (saw) said:
"The confession is the master of all evidences."
And Imam Shafi'I said:
"The intention, its place is in the heart. That is the way Sa'ed bin Musayyab taught us."
Furthermore, it is reported that,
"Muslims chased a man with ghanima, the man turned and said 'Assalamu 'Alaikum' they killed him. Allah (swt) revealed, "do not say to the one who says assalamu Alaikum, that you are not mu'min." and after that those Muslims never stopped paying kafarah."
However this is not so simple, the Tatarians used to say, laa ilaaha illallah, and pray, and give zakah. Yet because they referred to the Qur'an and alongside that, they followed the books of their leaders, fattawa were given to kill them even if they were praying in the masjid.
Furthermore, Abbas ibn Abu Muttalib was the one who went with the messenger (saw) even while he was still Mushrik. He warned the aws and khazraj to protect Muhammad (saw) and later he embraced Islam in Makkah and would report to Muhammad (saw) about the Quraish, however in Badr he was captured by the Muslims amongst the army of quraish. The Prophet (saw) said to him,
"Why don't you ransom yourself? and ransom Uqayl ibn Abu Talib, and free Nawfal and Utbah bin Amru from your alliance" he (Abbas) said: "I am Muslim" the Prophet (saw) said: "Allah knows about your Islam, we found you among the army of Quraish" he said: "the people put ikrah on me." The Prophet (saw) said, "what is apparent is that you were fighting against us."
Abbas was not from among the weak in Makkah that Allah made excuse for in the qur'an. He was strong and even fought on a camel in Badr. Muhammad (saw) gave him no excuse, he was not interested in his intention for joining the army, rather he judged him on the kufr action that they found him on even though he professed his Islam and declared the shahadah.
THE ULEMAH ON JUDGING THE APPARENT
Abu Izz Al Hanafi said:
"We have been ordered to judge by the apparent, and Allah forbade us to doubt people, and to follow what we do not have knowledge, (Allah (swt) said: ) "O Believers, avoid the doubt … [49: 12] & [isra: 36]" [Aqeedah Tahaqiyyah]
In the Fiqh, it is asked,
"what is the hukm to pray behind someone that you don't know if he is kaafir or not." - All the ulemah agree that the one who does not pray behind someone just because they do not know him - he is kaafir. And it is well known, that the one who refuses to pray behind someone until he knows his aqeedah, is deviant.
Imam Shafi'I said:
"The one who says, 'I do not pray jumu'a behind an imam, until I know his aqeedah in Batin (what is hidden in his heart)', he is a man who has deviated from the companions of Muhammad (saw)." [Kitab ul Umm]
ibn Taymiyyah said:
"It is not a condition to pray behind anybody, to know his belief, nor to test him and he asks him 'what do you believe in?' Rather he is obliged to pray behind him without to know about his aqeedah, and the one who says 'I don't pray behind a man without to know his aqeedah' he is jahil, and no alim ever said so before."
Imam Ahmed said:
"The Imaan and the nifaq has its origin in the heart, but what appears is the sayings and actions, is its branch and is evidence about it."
IF THERE IS KUFR AND IMAAN BOTH APPARENT, WHAT DO WE CALL HIM?
The Prophet (saw) said:
"There cannot be two things in the heart of the mu'min, kufr and imaan, if they meet he is kaafir."
If there is Imaan and Kufr, the kufr overrides and takes over, so we call him kafir. Without a doubt what is apparent from many from the Muslim Ummah - is many kufr sayings and kufr actions, many people claim Islam to be 'out of date' or 'backwards', these kinds of kufr sayings are unacceptable and are declarations of the kufr in their hearts. Similarly we find that those who currently rule the Muslim lands throughout the world, rule not by Islam but by kufr, whether it be Democracy, Capitalism, Communism, or simply the desires of a dictator, and Allah (swt) said,
"Whosoever rules by other than what Allah revealed, they are the Kafirun." [EMQ 5: 44]
We cannot excuse this Shirk in Allah (swt), Allah (swt) said,
"the right of legislation is for none but Allah (swt)." [EMQ 12: 40] so to associate with Allah some other ruler in his legislation is evidence enough of their Shirk and Riddah (apostasy). Whether they say 'laa ilaha illallah' or not, whether they pray five times a day or not, or whether they fast in Ramadhan or not, they are Murtad Kafir (Apostate & Disbelievers) - because we do not look to what is in their hearts, we judge only what is apparent from their sayings and actions. Muhammad (saw) said, "every action is on the intention."
so we judge the kufr actions of the taghout rulers to be in accordance to their kufr intentions, not to claim that they commit kufr with a good Islamic intention - this is both ridiculous and contradictory to the Shari'ah.
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