Part 5

But for those for whose kufr (infidelity) the scholars dispute, such as the one who abandons As-Salat (the five daily prayers without rejecting its obligation); this does not fall under this nullifier.

• In regards to praising the kuffar (infidels), the Muslim must take great care. If praising them in their faith, this is considered as kufr (infidelity). Whereas praising their behaviour (such as their courage or their generosity) is permissible. But one thing the Muslim must avoid, which is considered sinful, is to call a kaafir (infidel) "Mister" as the Messenger (N) said:

"When you call the hypocrite 'Mister', you have made your Lord angry".4

3 Al-Fatawa Volume 2, Page 368 4 Reported by An-Nasa'i

The belief that the Guidance of someone other than the Prophet (N) is more perfect than his Guidance; or that the Ruling of other than the Prophet (N) is Better than his Ruling; [or the Permissibility of Accepting the Ruling from other than what Allah (G) has revealed].1

Explanation: There are two issues in this nullifier. The first is that there is no doubt that the guidance of Prophet Muhammad (N) is more perfect than any other since it is a revelation. Allah (G) says in the Qur'aan:

"Nor does he speak of (his own) desire. It is only a revelation revealed".2

How could someone have this belief when the Prophet (N) himself used to say in the jummuah (Friday) sermon:

"The best of speech is embodied in the Book of Allah (G), and the best of guidance is the guidance given by Muhammad (N). And the most evil affairs are their innovations; and every innovation is error".3

The second issue is judging by laws other than what Allah (G) has revealed [laws of Allah(G)]. In the Qur'aan, Allah (G) describes those judging by laws other than His as disbelievers. He calls them "Al-Kaafiroon", "Al-Fasiqeen" and "Al-Thalimeen". He (G) says: 1 Allah, the Most High, says:

"But no, by your Lord! They can have no Faith until they make you [O Muhammad (N)] the judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission". [Soorah An-Nisa' 4:65] 2 Soorah An-Najm 53:3-4 3 Saheeh Muslim, Volume 1, Book 4, Hadeeth Number 1885, 1886 and 1887

"And whosoever does not judge by what Allah has revealed, such are the kaafiroon (disbelievers)"4

So, how would someone abandon the laws prescribed by Allah (G) and replace them by those made by human beings? This is without doubt an immature and illogical choice. And he who does this is a kaafir [disbeliever in Allah (G) and His Messenger (N)]. Shaykh Muhammad Bin Saalih Al-'Uthaymeen (W) said regarding this issue:

"Judging by laws other than those revealed by Allah (G) can be divided into two sections:

1. Attempting to replace what Allah (G) has revealed [laws of Allah (G)] with manmade laws or those of a taghoot (false deity). This is without a doubt kufr (infidelity), because he who does so attempts to place himself in the position of The Creator by legislating for the people, when he, in fact, has no authority.

2. Keeping what Allah (G) has revealed [laws of Allah (G)] intact and leaving its legislation for leaders (rulers, presidents, kings, etc.) who judge by man-made laws. From these there are three situations:

• A leader judging by laws that contradict what Allah (G) has revealed [laws of Allah (G)], believing that they are equal or better. This is considered kufr (infidelity).

• A leader judging by manmade laws in order to harm the one whom he has made the judgment against. In this case, we do not say the ruler is a kaafir (infidel),but we say he is an oppressor, because he still believes that what Allah (G) has revealed [laws of Allah (G)] is superior to all laws and knows that his actions are disobedient.

• A leader avoiding judging by what Allah (G) has revealed [laws of Allah (G)] in order to expose some inner desires or to benefit himself or someone else. This is a major sin".5

4 Soorah Al-Ma'idah' 5:44. Also, see verses 5:45 and 5:47. In this issue, many people refer to the words of Ibn Abbas (S) about this verse (5:44) that it, means minor Kufr which does not constitute apostasy. But the narration of the words of Ibn Abbas (S) is weak because it came in one way through Hisham Ibn Hujjair whom was considered to be weak by Imam Ahmed, Yahya Ibn Ma'ean, Yahya Ibn Sa'ead and Al-Awqaily (Ad-Duafa Volume 4, Page 337). So, the truth about this issue and Allah knows best (Wa Allah A'alam), it is Major Kufr as it was narrated by Abdurazaq in his Tafseer, that Ma'Amr said Ibn Taw'wose said his father said Ibn Abbas (S) was asked about this verse 5:44, and Ibn Abbas (S) said: "it is Kufr". 5 Fiqh Al-Ibadat by Sheikh Muhammad Bin Saalih Al-'Uthaymeen; Page 60, Question 30

"Whoever Hates Anything of What the Prophet (N) came with Has Committed Kufr (Disbelief), even if he practices it [i.e. that thing which the Prophet (N) has come with]."

Explanation: The 'ulamaa (scholars) agree on this nullifier as reported in the book Al-Iqna'a. This includes disliking or rejecting anything the Prophet (N) brought to this ummah (nations, followers, etc) including any verbal or practical action, whether an obligation or a forbiddance. For example, if a wife dislikes or rejects the ruling that gives her husband the right to marry another woman, she will fall under this nullifier. However, if she accepts the ruling but dislikes for him to do that because she does not want to share her husband with another woman, it is permissible. Also, those who say it is oppressive having slaves because it is unfair owning humans or that struggling or fighting (jihaad) in Islam raising the Word of Allah (G) in places where it is suppressed is wrong, fall under this nullifier. Allah (G) says in the Qur'aan:

"But those who disbelieve (in the Oneness of Allah - Islamic Monotheism), for them is destruction, and (Allah) will make their deeds in vain. That is because they hate that which Allah has sent down (this Qur'aan, Islamic laws, etc.), so He has made their deeds fruitless".1

There are two conditions of this nullifier:

• The person must know that the action they reject or dislike is an affirmed Islamic rule in the Qur'aan and Sunnah (i.e. As-Salat).

• There must be 'ijma'a' (consensus of the Muslim scholars) on this ruling. If one dislikes a ruling that has Ikh-tilaaf (disputation) among the scholars, then this is not kufr (infidelity).

If a Muslim does not practice an action prescribed by Allah (G) and His Messenger (N), he is not included in this nullifier.

Whoever Ridicules, Scorns or Makes Mockery of Anything of the Religion of the Prophet (N), Its Reward or Its Punishment, Has Committed Kufr (Disbelief).

Allah, the Most High, says:

"…Say: Was it Allah, and His Ayaat (proofs, signs, and revelations) and His Messenger (N) that you were mocking? Make no excuse; you have disbelieved after you had believed…"1

Explanation: Anyone who mocks at Allah (G), the Messenger (N) or the religion of Islam has committed kufr (infidelity) even if they were joking and not serious.

Abdullah Bin Umar (S) narrated:

A man during the battle of Tabuk said, "We have seen no people with greater appetite (bigger stomachs), more lying and more cowardly in battle than those people" [He was referring to the Qur'aan reciters with the Prophet (N)]. Awf bin Malik (S) rose and said, "In fact, you are a liar and a hypocrite and I will inform Allah's Messenger (N) about your words". So he went to Allah's Messenger (N), but by then he was already informed by the above revelation. At the same time, the hypocrite approached Allah's Messenger (N) while he (N) was starting his journey already on his camel. He pleaded, "O Messenger of Allah (N)! We were only joking and trying to pass the time while travelling". Ibn Umar (S) said, "It's as if I see him now that he was clinging to the saddle belt of the Messenger of Allah's (N) camel as it ran while his legs were being battered by the rough ground, and even then he continued pleading". Allah's Messenger said (N): "Was it at Allah and His ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger (N) that you were mocking? Make no excuse. You have disbelieved after you have believed"2. He (N) did not look towards them nor spoke anything further.3

1 Soorah At-Tawbah 9:65, 66 2 Soorah At-Tawbah 9:65-66 3 Reported by Ibn Jarer, Ibn Abi Hatim and others

Allah (G) announced those hypocrites as kuffar (infidels) for mocking the Messenger (N) and his companions (V) after being believers. So, mocking Allah (G), His Messenger (N) or the religion of Islam is considered kufr (infidelity) and hypocrisy. The Muslim must fear hypocrisy and falling into it as Abin Aby Mulaikh (W) said:

"I have met thirty of the companions of the Messenger (N) and all of them feared hypocrisy in themselves".

Mocking is not only made by words, but by other means such as winking the eye, sticking out the tongue, pointing with the finger, etc. For example, if a Muslim grows his beard [an obligatory sunnah of the Prophet (N)] and someone makes a joke about it (the idea of growing the beard because it is an Islamic issue), then this is kufr (infidelity). But if the joking is done towards the person himself without pointing out the religion, then this is not kufr (infidelity), but the major sin, gheebah (talking about someone in their absence regarding something they don't like).

Sorcery or Magic, which includes as-Sarf (causing alienation) and al-'Ataf (causing affection or attachment). He who practices it or is pleased with it is a disbeliever. And the evidence of this is the Saying of Allah, the Most High:

"…but neither of these two (angels Haaroot and Maaroot) taught anyone (such things) till they had said, 'we are only a fitnah (trial, test) so do not disbelieve (by learning this magic from us)...'"1

Explanation: Magic is defined in many ways by the scholars. But the closest definition is "ruqa'a" (words said by magicians, and knots which effect the heart and body of someone leading to sickness and/or death, or separating a husband and wife). Magic is of two kinds:

1. Magic by using ruqa'a and knots: This type is done with the help of shayaateen (evil beings) by worshipping them so that they provide their services to the magician. This type is shirk (polytheism) and whoever practices it is a kaafir (infidel).

2. Magic by using herbs and medicine: This may have some effect on people's vision. There is a dispute among the scholars with regard to this type of magic and whether it constitutes apostasy or not. Imam Muhammad Ashinqity said in his tafseer Ath'wa Al-Bayan:

"If the magic is for seeking help with some special materials such as oils, etc., then this type is highly forbidden but does not constitute apostasy".2

There is another issue here. Does the magician deserve capital punishment or not? There are two opinions of the scholars:

1. Yes, he does, by practicing any kind of magic. This is the opinion of the majority of the scholars and it is the choice of Imam Malik (W) and Ahmad (W).

1 Soorah Al-Baqarah 2:102 2 Tafseer Ath'wa Al-Bayan Volume 4, Page 456

2. No, he does not, unless he practices some actions that constitute apostasy. This is the choice of Imam Shaafi'i (W).

How do we cure magic? There are two ways:

1. An-Nushrah: The act of seeking a cure from magical spells/incantations, which means going to a magician to undo the magic. This way is haraam (forbidden) and could lead to kufr if the person practices some kufr actions the magician might request from him. Jabir (S) narrates Allah's Messenger (N) was asked about An-Nushrah. He (N) said: