By Ghulam Ghaus Siddiqi, New Age Islam
19 September 2023
Modern Muslims and Rulers Who Believe In the Laws of God But Do Not
Implement Them Are Not Apostates
Main Points
1.
Many Ulama have vehemently resisted Takfir, contending
that one cannot be excommunicated until they reject the requirements of the
Religion [Zaruriyaat-e-Deen].
2.
The Takfir culture in the Indian Subcontinent among
Ahle-Hadithis, Deobandis, Wahabis, and Sunni-Sufi Barelvis remains mostly
nonviolent, with only minor incidents.
3.
However, since 9/11, violent Takfir practiced by
radical ideologues has become deeply entrenched in the Arab world, with less
impact on the non-Arab world.
4.
A person who believes in the revealed law of Allah but
acts against it is considered a non-practicing believer, not a Kaafir,
according to verse 5:44 widely interpreted by mainstream Ulama and scholars.
5.
Radical ideologues label disobedient Muslims as
apostates, using violence as a means of entry into evil. Orthodox Muslim
scholars differentiate between faith and acts, not labelling those who believe
in the divine commandments but do not apply them.
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My Ummah would split into numerous sects, as the Prophet (peace
be upon him) predicted, and this has already happened as a bitter truth. All
Muslim sects have a common discussion topic: Takfir. Excommunicating
someone from the Islamic community on the basis of "definite proofs"
is known as Takfir. Many Ulama have vehemently resisted Takfir,
contending that one cannot be excommunicated until they reject the requirements
of the Religion [Zaruriyaat-E-Deen]. However, they also assert that it is
legitimate to exclude someone from the fold of Islam if there are
"definite proofs" of this or if they have blatantly rejected the
requirements of the Religion.
The Ahle-Hadithis, Deobandis, Wahhabis, and Sunni-Sufi
Barelvis are primarily the sects that spring to mind when the word "Takfir"
is used on the Indian subcontinent. Even though they have been debating a
number of contentious subjects with one another for many years, the Takfir
culture, despite years of disagreement, has remained mostly nonviolent, with
only a few rare instances of minor violence. These incidents, occasionally
reported through FIRs and concluded by settlement agreements, are not regarded
as violent crimes like suicide bombings or assaults on gatherings of people or
on mosques or places of worship. However, since the advent of radical and
extremist forces that could be referred to as terrorist ideologues,
particularly after 9/11, the violent Takfir has become deeply entrenched
in the Arab world, but it no longer has as much of an impact on the non-Arab
world.
You could give examples of Isis, Al-Qaeda, Tahreek-E-Taliban, And
Boko Haram when describing the radical groups that practise violent Takfir.
One of the central ideas of their violent Takfir revolves around the
subject of God’s Sovereignty (Hakimiyyah). They contend that
implementing the sovereignty of God is an article of faith and that Muslims
who, for any reason, fail to uphold the laws of God in their states are
“apostates”. They refer to these Muslims as "Tawagheet" and
believe it is legitimate to kill them after expelling them from the fold of
Islam. As a result, they are eager to justify the killing of Muslims,
regardless of whether it occurs while they are gathered in public areas,
worshipping in mosques, or visiting a shrine.
This is the violent Takfir that we must refute in this essay. It
was historically associated with the Kharijites and is still embraced by their
supporters today. It is an unfair and overly straightforward method of
labelling a fellow Muslim as an apostate.
All Muslims and rulers who do not implement the laws of God are labelled
as apostates in the training manual "Muqarrar fi al-Tawhid" used by
the so-called “Islamic State”, who then believe it is legitimate to execute
them. They frequently cited two verses from the Quran—5:44 and 4:65—in their
writings, whether they appeared in "Dabiq," "Rumiya,"
or the propaganda publication “Voice of Hind”—to support their ideology,
which expressly holds that individuals who follow laws other than those that
Allah gave are Kaafir or unbelievers. These two Quranic verses are as follows:
“And whoever does not judge by what Allah has revealed - then it is
those who are the disbelievers.” (5:44)
“But no, by the oath of your Lord, they will not be believers until they
appoint you a judge for the disputes between them – and then whatever you have
decided, they should not find opposition to it within their hearts, and they
must accept it wholeheartedly”. (4:65)
We must emphasise how the mainstream Muslims have interpreted these
verses of the Quran differently in order to counter this violent Takfir
and demonstrate why modern Muslims living in democratic or secular nations are
not "infidels" or Kaafir.
The doctrine of the majority of Muslim Ulama, Imams and academics
throughout history, including the revered companions of the Prophet (peace be
upon him), is in stark opposition to those who engage in violent Takfir
in the name of God's Sovereignty. Muslim scholars went through a number of
statements and instructions in order to understand Quranic verse (5:44). The
most well-known and largely accepted interpretation of verse 5:44 is that
"whoever does not judge by what Allah has revealed, denying its divinity,
faith, and truthfulness is indeed a Kaafir." The Muslim who regards this
verse as infallible truth, a divine revelation, and a command from God but
fails to implement it for any reason is not a Kaafir.
In his commentary book on the Quran “Al-Tafsir al-Kabir”, Imam
Fakhruddin Razi writes:
“Ikrimah said, the ruling of Takfir,
as mentioned in the divine statement “whoever does not judge by what Allah has
revealed is a Kaafir”, applies to the one who denies the truth of the revealed
law of Allah in his heart and by his tongue.
As for the person who believes in the truth of the revealed law of Allah
in his heart and acknowledges by his tongue that it is the revealed law of
Allah, however he acts against it, he will be regarded as the believer of what
Allah revealed, but he will be known simply as a non-practicing believer in this
case, and therefore he will not be considered a Kaafir according to this
verse”.
After quoting this statement, Imam Razi said, “This is the correct
answer”. (Imam Razi, Al-Tafsir al-Kabir, 5:44)
A similar answer has been given by Imam Ghazali in “Al-Mustasfa”
and by Imam Abu Muhammad b. Atiyya al-Andalusi in “Al-Muharrir al-Wajiz”.
Sheikh Usama Al-Azhari writes,
“Having studied the explanations of mainstream jurists, we come to know
that Ibn Masud, Ibn Abbas, Barra bin ‘Aazib, Huzaifa bin al-Yaman, Ibrahim
al-Nakh’I, Al-Sudai, Al-Dahhak, Abu Salih, Abu Mujlaz, Ikrimah, Qatadah,
‘Aamir, Al-Sha’abi, ‘Ataa, Taaus and then Imam Tabari in “Jami’ al-Bayan”, Imam
Ghazali in “Al-Mustasfa”, Ibn Atiyya in “Al-Muharrir al-Wajiz”, Imam
Razi in “Mafatih al-Ghaib”, Qurtubi, Ibn Jazi in “Al-Tashil”, Abu Hayyan
in “Al-Bahr al-Muheet”, Ibn Kathir in “Tafsir al-Quran al-Azeem”, Aalusi
in “Ruh al-Ma’ani”, Tahir bin ‘Aashur in “Al-Tahrir w al-Tanwir” and
Sheikh Sha’arawi in his Tafsir - all such Islamic scholars unanimously agree
with the same commentary of the verse 5:44 as mentioned above with reference to
Imam Razi’s Al-Tafsir al-Kabir).”
(Al-Haqq Al-Mubin Fi al-Radd Ala Man Tala’ab bi Al-Deen, Arabic, p.23)
In response to a query on the same topic, Sheikh Dr. Shawki Ibrahim
Allam writes,
“Those who do not judge in accordance with Allah Almighty's revelation
are vulnerable to two things: First, he rejects Allah's divine judgment, hates
it, thinks it has no right to be implemented, and portrays it in a derogatory,
hostile, and nasty way. The second scenario is when he accepts that what Allah
Almighty has revealed is true and that he believes it, but he is hesitant to
put it into practise out of lust, desire, mistrust, an inability to carry it
out, or because he has engaged in Tawil [which is the process of determining
one of the many meanings that a word in the texts may have] among other
reasons.
“Clearly, the ruling in the first case differs from the ruling in the
second. The first is major disbelief [Kufr-e-Akbar] that leads to expulsion
from Islam, while the second is disobedience and minor disbelief
[Kufr-e-Asghar] that does not lead to expulsion from Islam. Scholars have given
instances of the ruler making decisions based on standards other than those
that Allah has revealed, in which he is considered to have engaged in small
unbelief yet has managed to stay within the boundaries of Islam. One example of
this is failing to implement the judgment or Law of Allah in some of his
affairs out of whim while believing that this law or judgment of Allah Almighty
has guidance and absolute goodness.”
Imam Qurtubi says in his commentary “Al-Jami’ Li Ahkam il-Quran”
(6/191, published by Dar al-Kutub al-Misriyyah): “If someone judges
[something] based on what he has rather than what Allah has revealed, it is a
whim and disobedience, which is a sin for which forgiveness may be sought,
according to Sunni Theology”.
Dr. Shawki further elaborates saying: “One of the glaring examples cited
by Islamic scholars in this regard is Najashi [Negus]. He was the king of
Ethiopia. He converted to Islam without his people and was unable to learn, let
alone apply, the Sharia. But nobody challenges the veracity of his Islam”.
[See: “Minhaj al-Sunnah al-Nabawiyyah” by Ibn Taymiyyah (5/112-113,
published by Imam Muhammad Ibn Saud Islamic University).
“Third, not all laws or customs created by humans are in conflict with
the Law of Allah Almighty. Instead, it should be submitted to the Shari'a so
that everything is said in the agreement is acceptable; if it is not, it must
be changed to be in line with the Shari'a, and anything that is left out is due
to the public interest (Maslaha).
“It is worth mentioning that Tahkim al-Shara' (i.e., judging by
what Sharia has commanded) has a broader definition than Tahkim al-Madhab
Al-Makhsus (i.e., judging by what comes from a certain school of Islamic
Jurisprudence (Madhab) or personal Ijtihad. The laws in force may refer to
particular Ijtihad or a specific Madhab, but they all fall under the broad
notion of Sharia, which includes the general doctrines [Madaahib] of Mujtahidin
and their sayings, even if they contradict what those who advocate for Tahkim
al-Sharia believe and practise.
“Allama Ibn Hazm said, “Everything that the Mujtahids deduced from the
Shari’a is counted, even if its evidence is hidden from the common people. And
whoever denies that generally attributes the imams to error and that they
legislate what God did not authorize. This is a misguidance of the one who says
so from the right path. The truth is that had they not seen evidence in that,
they would not have legislated” (Imam Sha’arani, Al-Mizan Al-Kubra, 1/116,
printed in Alam Al-Kutub)
“Fourthly, not every person who is obeyed or followed is a despicable
tyrant, unless doing so opens the door to disobeying God and His Messenger; in
that case, obeying the ruler and the Aalim [religious scholar] is obedience to
God and His Messenger as revealed in the Holy Qur'an and the Prophet's purified
Sunnah.
“O, believers! Obey Allah and obey the Messenger and those in authority
among you. Should you disagree on anything, then refer it to Allah and His
Messenger, if you truly believe in Allah and the Last Day. This is the best and
fairest resolution.” (4:59)
It is narrated by Abu Huraira that Allah's Messenger (peace be upon him)
said, "Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys
Allah, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys
him, disobeys me." (Sahih Bukhari and Sahih Muslim)
[Sheikh Dr. Shawki Ibrahim Allam, Refuting Takfiri Extremists who
Brand Muslim Rulers and Scholars as Tyrants (Tawaghit) and Thereby Declaring
Them Kaafir, Trans from Arabic by Ghulam Ghaus Siddiqi]
Since the radical ideologues do not distinguish between faith and deed,
they label everyone who disobeys the laws of God as an apostate. They use
violence, including suicide bombs and assaults in public places, adopting this
violent Takfir. This mentality is one of the entry points for evil and
corruption, which Allah Almighty is fully aware of. Contrarily, orthodox Muslim
scholars distinguish between faith and acts and do not declare any Muslims who
accept the divine commandments and laws as infallible truths but do not put
them into effect for any reason to be apostates.
Allah Knows the Best.
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A regular Columnist with NewAgeIslam.com, Ghulam Ghaus Siddiqi Dehlvi is
an Alim and Fazil (Classical Islamic scholar), with a Sufi-Sunni background and
English-Arabic-Urdu Translator. He has also done B. A (Hons.) in Arabic, M.A.
in Arabic and M.A. in English from JMI, New Delhi. He is Interested in Islamic
Sciences; Theology, Jurisprudence, Tafsir, Hadith and Islamic mysticism
(Tasawwuf).
URL: https://newageislam.com/debating-islam/violent-takfir-wrongfully-god-sovereignty/d/130709
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