Chapter Nine

Words of Kufr in regards to sins

Important Note:

There are different words that are used in this text such as ‘Takfeer’ which means it is without any doubt what-so-ever clear Kufr and one will be out of the folds of Islam.

The term ‘is a Kafir,’ ‘will be Kufr,’ ‘are words/statement of Kufr’ and ‘is Kufr’ are similar, however, depending on the (Urf) custom of the time or environment in the community it could have different meaning, hence, the Fatwa of Kufr will not be given. This can only be done by a qualified Mufti.

These statements are real examples of Kufr that have been said by people from the time of the great jurists over 1000 years ago till today and not made up. All the references have been provided from books of these great jurist.

1. To believe in any minor or major sin as lawful is Kufr when it has been proven from clear evidence, similarly to think of a sin as light and as nothing is Kufr. i

2. To believe unlawful that which is proven clearly as lawful, is Kufr. ii

3. To believe lawful marrying those women with whom marriage is permanently forbidden, drink alcohol without a valid Shar‘i1 reason or to eat the dead, or drink blood, or eating pig as permissible, is Kufr. iii

1 According to Islamic Law.

4. To believe beer that intoxicates to the limit (max) as lawful is Kufr. iv

5. To say “Bismillah…” whilst committing a clearly forbidden act is Kufr. v

6. After eating forbidden saying “Alhamdulillah” is Kufr as this is liking forbidden food, hence if Alhamdulillah is said generally without consideration that this is unlawful or lawful there is no order of Kufr. vi

7. To pray “Bismillah” knowingly at the time of drinking alcohol or committing fornication/adultery or pray it believing both permissible, is Kufr. vii

8. To deny silk as being forbidden for men is Kufr. viii

9. To kill a person or taking away from an orphan or believing interest2 as lawful is Kufr. ix

2 Question 1: Is interest totally unlawful? On which condition is the profit considered as interest?

Question 2: May a Muslim take the profit on his deposited money in the banks and the post offices which they term as “interest” in countries such as India, Britain and South Africa, etc.

Answer by Mufti Akhtar Raza Khan Azhari

Undoubtedly, Riba (interest) is totally unlawful according to Islamic Shari’ah.

When there is a dealing between a Muslim and a Muslim or a Muslim and a Zimmi Kaffir (a non-Muslim living in the safety of an Islamic state), the taking of the excess money is considered as interest and such a dealing will be unlawful. However, if this condition does not exist, this excess money will not be considered as interest and will be legitimate for a Muslim as it is unanimous that there is no interest applicable when there is a dealing between a Muslim and a Harbi Kaafir (a non-Muslim who is not living in the safety of an Islamic State).

There is a Hadith in Muslim Shareef from the Holy Messenger (sallal laahu alaihi wasallam) which states that:

“No Riba (interest) (exists) between a Muslim and a Harbi Kaafir in Darul Harb.”

This Hadith bears testimony that the property of a Harbi Kaafir is lawful for the Muslim at all times provided that he (the Muslim) must not commit faithlessness in his dealing. Accordingly, the great theologian, his holiness Shah Burhanuddin (alaihir rahma) states in his distinguished work, “Hedaya”, that:

“Though the Holy Quran has forbidden Riba, i.e. interest, yet this Holy Book of Allah makes the property of a Harbi Kaafir lawful for the Muslim.”

Likewise, there are so many verses giving evidence that the Shari’ah does not take a Harbi Kaafir in trust and so their property is permissible for the Muslim. Whoever, therefore, forbids the Muslim to receive such profits, deprives them of the benefit and causes the Harbi Kaafirs to take advantage which is Haraam.

Answer 2: The excess money given by the banks and the post offices in the countries as mentioned, is legally for the Muslims, and is not (considered) as interest. It may be taken and used.

Allah knows better!

3 The scholars say that clapping/applauding is not allowed as it is part of entertainment.

4 Many so called Muslims sell alcohol and make baseless excuses that ‘we live in a non-Muslim land so it’s permissible’ or ‘we only selling to non-Muslims’ etc. Allah (The Exalted) has cursed 10 types of people for dealing with intoxication: Ibn ‘Umar (may Allah be pleased with him) reported the Messenger of Allah (may Allah bless him and grant him peace) saying: “Allah has cursed intoxication, and He cursed the one who drinks it, the one who produces it; the one for whom it is produced; the one who sells it; the one who buys it; the one who carries it; the one for whom it is carried , the one who serves it, the one who earns from the sale of it, the one who it is bought, and they are all alike. (Abu Dawud & Ibn Majah).

10. If it is said, pray Salaah so you can gain the sweetness of Imaan, another said, I will not pray so that I can gain the sweetness of not praying, the person saying this has done Kufr as he placed the pleasure of sin over the sweetness of obedience. x

11. Whoso without a Shar‘i reason said, to kill such a person is lawful, there is the order of Kufr. xi

12. Similarly without Shar‘i reason to say, it is lawful to take someone’s goods, is Kufr. xii

13. Whoso says, if from this alcohol any part flows then Jibraeel (upon whom be peace) will carry it with his wings, is Kufr. xiii

14. Whoso denies the impermissibility of that which is forbidden by consensus or has doubt in the impermissibility is a Kafir such as alcohol, adultery, sodomy, interest etc. xiv

15. Whoso applauses3 a person committing sin saying you have done well, for instance killing or stealing, this is Kufr. xv

16. If an open sinner’s (Fasiq) child drank alcohol first time and the relatives congratulate and throw money at him, upon all is the order of Kufr. xvi

17. Whoso believes selling alcohol as permissible4 is a Kafir. xvii

Muslims should boycott those shops and restaurants that are owned by so called “Muslims” that sell alcohol. The question arises what about supermarkets, if they are owned by non-muslims then there is no problem shopping their as you have nothing to do with the 10 cursed mentioned above regards to alcohol, however, with regards to handling the alcohol when stacking on the shelves making it available for others and passing through the till is not permissible as this is part of putting the sale through, And Allah (The Exalted) and His Messenger (may Allah bless him and grant him peace) know best.

18. Whoso says that the impermissibility of alcohol (intoxication) is not proven from the Qur’aan is a Kafir. xviii

19. Whoso says, “Who does not drink something that intoxicates is not a Muslim,” is a Kafir. xix

20. Whoso believes having intercourse with one’s wife in the state of her monthly period or sodomy as lawful is a Kafir. xx

21. Whoso believes permissible to marry anyone who his father is married to is a Kafir. xxi

22. Whoso believes that taking a kiss from a strange (Ghayr Mahram) woman is permissible is a Kafir. xxii

23. If someone is committing a sin and people has said it is not allowed, the person says, this is how the work of Islam should be done, meaning whoso calls a sin Islam is a Kafir. xxiii

24. To bow to a statue, moon or star is Kufr. xxiv

25. To kill a Prophet is Kufr. xxv

26. To call a Muslim a Kafir is Kufr, however, to say it as a swear it is not Kufr. xxvi

27. To hope that oppression, adultery, killing, and every unlawful which has never been permissible only if they were lawful, these words are of Kufr. xxvii

28. Sincerity of the heart towards the polytheists (mushriks) is Kufr. xxviii

29. In the Hanafi Madh-hab to call something that is halaal as haraam and haraam as halaal is Kufr. xxix

30. To call most of the Ummah polytheist is Kufr according to the scholars of Fiqh. xxx

31. Whoso believes dancing as permissible is a Kafir. xxxi

32. To say, lying, what wrong has been done? are words of Kufr. xxxii

33. To give unlawful to charity (Sadqah) with the intent of reward is Kufr and for the poor being aware of this, makes supplication (Du’a) is also Kufr and being aware saying ‘Aameen’ is Kufr. xxxiii

34. If someone committed a minor sin, another said repent, and he said “What have I done that I repent?” is a Kafir. xxxiv

35. It is said to an oppressor, you give difficulties to Allah (The Exalted) and the Muslims, the person said, yes I do or I do well, there is the order of Kufr. xxxv

36. Whoso says to Shaytaan, O Shaytaan! Accomplish my task then whatever you tell me I will do and what you forbid me I will abstain, this statement is Kufr. xxxvi

37. If someone lied, another said, may Allah (The Exalted) give you blessings in your lie, such a person is a Kafir. xxxvii

38. Whoso drinks alcohol and says I am showing you Muslim-ness or my Muslim-ness has become apparent, the order of Kufr is on such a person, xxxviii this is when the drunkenness is shown as Islam, and if it is to show sadness to those who are drunk to show this is a Muslim but look at his actions, there is no order of Kufr.

39. Whoso points towards a place of gathering of wrong doing come look at Islam, this statement is Kufr. xxxix

References

i Sharah Fiqh-e-Akbar. p. 254. Bahr. p. 206. Bahr-ur-Raqiq. Vol: 5. p. 207.

ii Sharah Fiqh-e-Akbar. p. 254. Bahar-e-Shariat. Vol: 1. p. 53. Bahr-ur-Raqiq. Vol: 5. p. 206. Fatwa-e-Razwiyya. Vol: 6. p. 9 / Vol: 6. p. 101. Fatwa-e-Shaami. Vol: 6. p. 357. Fatwa-e-Amjadiya. Vol: 4. p. 404. Tahtawi ‘Alal Darj. Vol: 2. p. 479. Majmu’a Anhar. Vol: 2. p. 511. Fatwa-e-Alamgiri. Vol: 2. p. 272. Fatwa-e-Bazaziya. Vol: 6. p. 321.

iii Sharah Fiqh-e-Akbar. p. 254. Bahr-ur-Raqiq. Vol: 5. p. 204. Fatwa-e-Shaami. Vol: 6. p. 386. Majmu’a Anhar. Vol: 2. p. 512. Fatwa-e-Bazaziya. Vol: 6. p. 334.

iv Sharah Fiqh-e-Akbar. p. 255.

v Sharah Fiqh-e-Akbar. p. 281.

vi Sharah Fiqh-e-Akbar. p. 281. Bahr-ur-Raqiq. Vol: 5. p. 206. Fatwa-e-Bazaziya. Vol: 6. p. 339.

vii Sharah Fiqh-e-Akbar. p. 256. Fatwa-e-Alamgiri. Vol: 2. p. 273. Bahr. p. 206. Tahtawi ‘Alal Darj. Vol: 2. p. 478. Majmu’a Anhar. Vol: 2. p. 507. Fatwa-e-Bazaziya. Vol: 6. p. 339.

viii Sharah Fiqh-e-Akbar. p. 276.

ix Sharah Fiqh-e-Akbar. p. 285.

x Sharah Fiqh-e-Akbar. p. 285. Majmu’a Anhar. Vol: 2. p. 508. Fatwa-e-Alamgiri. Vol: 2. p. 268. Fatwa-e-Bazaziya. Vol: 6. p. 340.

xi Sharah Fiqh-e-Akbar. p. 296. Majmu’a Anhar. Vol: 2. p. 511.

xii Sharah Fiqh-e-Akbar. p. 297. Majmu’a Anhar. Vol: 2. p. 511.

xiii Sharah Fiqh-e-Akbar. p. 307. Bahr-ur-Raqiq. Vol: 5. p. 209. Fatwa-e-Alamgiri. Vol: 3. p. 273. Fatwa-e-Bazaziya. Vol: 6. p. 336.

xiv Sharah Fiqh-e-Akbar. p. 307. Bahr-ur-Raqiq. Vol: 5. p. 204 & 207. Fatwa-e-Razwiyya. Vol: 6. p. 75. Fatwa-e-Shaami. Vol: 6. p. 357. Majmu’a Anhar. Vol: 2. p. 512.

xv Sharah Fiqh-e-Akbar. p. 310. Majmu’a Anhar. Vol: 2. p. 511.

xvi Sharah Fiqh-e-Akbar. p. 310. Bahr-ur-Raqiq. Vol: 5. p. 208. Fatwa-e-Razwiyya. Vol: 6. p. 96. Fatwa-e-Alamgiri. Vol: 2. p. 273. Fatwa-e-Bazaziya. Vol: 6. p. 335.

xvii Sharah Fiqh-e-Akbar. p. 308.

xviii Sharah Fiqh-e-Akbar. p. 311. Bahr-ur-Raqiq. Vol: 5. p. 207. Fatwa-e-Alamgiri. Vol: 2. p. 273. Fatwa-e-Bazaziya. Vol: 6. p. 334.

xix Sharah Fiqh-e-Akbar. p. 311.

xx Sharah Fiqh-e-Akbar. p. 311. Bahr-ur-Raqiq. Vol: 5. p. 204 & 207. Fatwa-e-Khaniya. p. 576. Tahtawi ‘Alal Darj. Vol: 2. p. 479. Fatwa-e-Alamgiri. Vol: 2. p. 273. Fatwa-e-Bazaziya. Vol: 6. p. 334.

xxi Sharah Fiqh-e-Akbar. p. 316.

xxii Sharah Fiqh-e-Akbar. p. 316. Bahr-ur-Raqiq. Vol: 5. p. 207. Majmu’a Anhar. Vol: 2. p. 512.

xxiii Bahar-e-Shariat. Vol: 9. p. 169. Fatwa-e-Alamgiri. Vol: 2. p. 257.

xxiv Bahar-e-Shariat. Vol: 1. p. 53. Fatwa-e-Razwiyya. Vol: 6. p. 35.

xxv Bahar-e-Shariat. Vol: 1. p. 53. Fatwa-e-Razwiyya. Vol: 5. p. 35

xxvi Bahr-ur-Raqiq. Vol: 5. p. 207. Fatwa-e-Razwiyya. Vol: 5. p. 36. Fatwa-e-Alamgiri. Vol: 2. p. 278. Fatwa-e-Bazaziya. Vol: 6. p. 331.

xxvii Bahr-ur-Raqiq. Vol: 5. p. 208. Bahar-e-Shariat. Fatwa-e-Khaniya. p. 574. Majmu’a Anhar. Vol: 2. p. 512. Fatwa-e-Alamgiri. Vol: 2. p. 279. Fatwa-e-Bazaziya. Vol: 6. p. 335.

xxviii Fatwa-e-Razwiyya. Vol: 2. p. 9.

xxix Fatwa-e-Razwiyya. Vol: 6. p. 9. Majmu’a Anhar. Vol: 2. p. 511. Fatwa-e-Alamgiri. Vol: 2. p. 272.

xxx Fatwa-e-Razwiyya. Vol: 6. p. 36.

xxxi Durr-e-Mukhtar. Vol: 6. p. 408. Bazaziya. Vol: 6. p. 349.

xxxii Fatwa-e-Razwiyya. Vol: 6. p. 175.

xxxiii Majmu’a Anhar. Vol: 2. p. 512. Fatwa-e-Alamgiri. Vol: 2. p. 272. Bazaziya. Vol: 6. p. 334.

xxxiv Majmu’a Anhar. Vol: 2. p. 512. Fatwa-e-Alamgiri. Vol: 2. p. 273. Fatwa-e-Bazaziya. Vol: 6. p. 334.

xxxv Majmu’a Anhar. Vol: 2. p. 512. Fatwa-e-Alamgiri. Vol: 2. p. 273. Fatwa-e-Bazaziya. Vol: 6. p. 335.

xxxvi Fatwa-e-Alamgiri. Vol: 2. p. 270.

xxxvii Fatwa-e-Alamgiri. Vol: 2. p. 260. fatwa-e-Tatar Khaniya. Vol: 5. p. 466.

xxxviii Fatwa-e-Alamgiri. Vol: 2. p. 273.

xxxix Fatwa-e-Alamgiri. Vol: 2. p. 278.