4. Whenever he quarrels, he [behaves in an] evil and insulting manner.

Collected: al-Bukhari, Kitab al-lmaan. He said (r"--J <#.l.\ J-): ;;r:):.~'..(~~J;;;;tJ;.:.~tJ;':'~J;;;;J~~ JfJ\J~;. /' /' .J -..fJ­ oJ J .-: • ~~;;:~;l1J The fornicator is not a Believer when he commits fornication, a [thief] is not a Believer when he steals, the [one who consumes alcohol] is not a Believer when he drinks, and repentance is offered after that. An explanation of Riyadh a/-Saliheen from the words ofthe Master ofthe Messengers Collected: al-Bukhari (6312), Kitab al-Hudood. He said (r!-J ~ .'»1 ~): " ;,.J. '*.tzl\~·· ....... ~!l' "'1/ I~\( .•/'* .r-: / 'J'P'J'J /r' ---..J!..J~)' ---..J!. /" / /" [The distinction] between a man (Muslim) and between Shirk and Kufr is the abandonment of the prayer. Collected: ai-Muslim (116), Kitab al-Imaan. He said (r!-J~ ':'1 ~): • /J.. "" ""''' ".. '*~. ;j\~~9&~\J~\~~Gd\:.ll--J--.Jt::.:\ '* . . . ; ' " // " " Two characteristics amongst the people are [considered] unbelief. To call into question an [individual's] parentage, and wailing upon the dead. Collected: ai-Muslim (100), Kitab al-Imaan. He said (r!-J~':'I ~): // //, ;'" " ,*/~~~\ -, ~•./ '* J'U. ~ --r /"/" Whosoever takes an oath other than by [the name of] Allah, has indeed disbelieved. Collected: Ahmad and Haakim, (al-Irwa'a (2561», declared sahih. He said (r!-J ~':'I ~): " f" //.-',. « "'(-(1''' AI( '* ~~J~\~)b"~ r.;)-.).'f~\~\~"JIJ '* /" /" Whosoever visited a soothsayer, or approached his wife in the rear [orifice], has disbelieved in that which was revealed upon Muhammad. hadith sahih: Consult Adaab al-Zufaaf, Shaykh Al-Albanee. The Response: Ahl al-Sunnah are in absolute agreement [without variance], that the one who perpetrated a major sin (Kabeerah) is not to be charged with the [category] ofKufr which would result in his complete expulsion from the Millah (the religion), as the Khawaarij allege. If [however] the [individual] committed [that category] of unbelief which resulted in his expulsion from the Millah, he would indeed be [deemed] an apostate, who is to be killed upon

An explanation of Riyadh al-Saliheen from the words of the Master of the Messengers upon every instance, regardless ofwhether the abandonment contains benefit or not. Never-the-less, the one whose transgression is other than disbelief cannot be abandoned for a period in excess ofthree days, For the Messenger (rl-J~.l.I"""') stated: l ..-:....... /' ....... /' ;"I"" AfII'" /' /< <,} ....... r~ ~\ ~-'. ,/ \,{.-" .~ \,{.-" .-" .G:l;JQ~U:~" :\,;..\/-' '/' .\ \::-\ "\-.:'U* '.-..$./ ~.J d'~.J d'Y":'-..J ./. • / ~ ~-..J ~j';.r;: / / / ~ ~ /*i t..l~' / / It is impermissible for a Believer to abandon his brother in excess of three [days]. They meet and one turns away, then the other turns away, the best of them is the one who starts with al-Salaam. 2o every circumstance. [Furthermore] the pardon of the one entrusted with the task of fixing the mode of penalty would not be accepted. A response to the statement: The punishment (Hadd) ought not to be applied for fornication, theft, and the consumption of alcohol. The invalidity and depravity of this statement is known, for it is amongst those matters from the religion ofIslaam, where [cognisance] is deemed obligatory. Ah/ al-Sunnah are in agreement that this [individual] does not exit from Imaan and Islaam. [In addition] he does not enter into Kufr (unbelief). He does not warrant eternal damnation [in the company] of the unbelievers, as the Mu'tazila declare. Indeed their statement is false too. Verily, Allah included the perpetrator ofthe major sin to be amongst the Believers. For He said: .......... """J ~$' A. Gil ., w«\;-,~\ ·1/ . jj\ q \;' ~ "( ~ --.)d' / ~ . / !f'" -...J~ 't.: "r o you who believe, al-Qisaas(the Law of Equality in Punishment) is prescribed for you in [the act] of murder [Surah al-Baqarah : Ayah 178]. To His statement: A..j :::;v\i;~' /.J. . ~ .1' /': ).. "( / 'J.r-;.t::.... -f --.J.- ~-.:r r /0 Ifany pardon is granted by the brother of the slain, then fulfil any reasonable demand [Surah al-Baqarah : Ayah 178]. '.., ,-; t' Accordingly, the killer was not excluded from the description: ~ ~\~J\ ~i ~ t: [0 you who believe], rather the brother ofthe slain was entrusted with the task offixing the mode ofpenalty (a/-Qisaas ). The objective being: Brotherhood [in] religion, without doubt. An explanation ofRiyadh a1-Saliheen from the words ofthe Master ofthe Messengers Allah the Most High declared: ,. -('/ J""," • AfI"'/ ,i. ~~t;!p( .. .~~\(. . t..i:\k .r. },. '" -, ~ ~r -...f----..} ~ ---..}u r / / Iftwo parties from amongst the Believers fight, make peace between them [Surah al-Hujuraat : Ayah 9]. To His statement: J // ~. J. ,. ,i. '<:,,, . i~ .'~I ~ I' -t;{ . \~ ' .• ~\\ \:;\ },. ",~.J> ~~ 'J>.---..}..r"r • r / / The Believers are but a single brotherhood, so make peace and reconciliation between your two [contending] brothers [Surah al-Hujuraat : Ayah 10]. The texts of the Book, the Sunnah and al-Ijma'a (consensus) indicate that the fornicator, the thief and the slanderer are not to be killed. Rather the punishment (Hadd) is to be implemented upon them. [The texts] indicate [therefore] that the perpetrator is not [deemed] to be an apostate. It has been established from the Prophet (rl--J ~.\" J.-) that he said: ,. ,.,.},.,.,. • • .:............,. ,....,. A ,. // ~ .(' .\q~, )lr.qu.)~ '/y 'h"~~\~~,,' ~·'i~·· . ;".,:..'u~~~(' .~* <:» ---..}.~.J~ 'J.J /---..}~ ---..}1J:"'"r-. ~ • -..r".J N 'f;-...f-~.~ ~ -..f / "".,. ,. / J,. ",. " J// A" .,. J ,. *~~L~.~t:.:..;.c..· . l;.i~~~· ~:J' 'r.~ ~~~~t:.:.qG_~ ~. ~ ~.~ ~. ".. <:» ~ --....r,----..}u N .J. ~ ~ ~ ~ ,. ,. ,..",. Whosoever has caused oppression to his brother [in respect of] his reputation or any other matter, ought to absolve himself from it on this day. Before there is neither a deenar nor a dirham (for compensation), rather if he is in possession of good deeds they shall be taken from him commensurate to his level of wrongdoing. If he has no good deeds, the sins of those who he oppressed shall be conferred upon him. Collected: al-Bukhari (2269), Kitab al-Mazhalim w al-Gasb. It is therefore established [by virtue of this tradition], that the oppressor can be in possession of good deeds, for the one oppressed [by him] shall take his rightful share from them. Similarly it is also established from the Prophet (rl--J ~ .;;.,J.-), that he stated: An explanationof Riyadh al-Saliheenfromthe words of the Master of the Messengers He said: Indeed the Muftis amongst my Ummah is the one who comes on the Day of Judgement with the prayer (it's performance), the fast (it's observance), and the zakah (it's donation). He comes and has indeed abused so and so, he has defamed so and so, he has consumed the wealth (unjustly) of so and so, he has shed the blood ofso and so, and he has hurt so and so. Hence, he (the one oppressed) will be given such and such from his good deeds, and such and such from his good deeds. If his deeds are exhausted before he has relieved himself of his obligations, he will be conferred with the bad deeds of those whom he oppressed. He shan thereafter be cast into the Fire. Collected: aI-Muslim (4678), Kitab aI-Birr w al-Silah. Verily, Allah the Most High declared: " . .", . .J.. ,,;.,O( ·':"j.,",,;.,~I~ ',1 ).. '11(" .............". " ... "" '--""""" '1' ... / ~ Verily good deeds invalidate evil actions [Surah al-Hud : Ayah 115]. This Verse indicates that an [individual] who is in a [particular] circumstance whereby he has caused oppression, [can by means of] performing righteous deeds erase his evil actions. There [exists] a matter whose comprehension is imperative: Ruling by other than that which Allah has revealed, can be deemed Kufr which results in expulsion from the religion. [Or] It can be considered disobedience: Major or Minor. [Or] It can be declared Kufr: Either Majazzee (figurative, not literal in meaning), or Minor Kufr. [This status] is dependent upon the condition ofthe ruler (or the one placed in authority). If [the ruler] believes that ruling by that which Allah has revealed is not obligatory, by his own volition (in the absence of duress) or he ridicules it, [in addition to] having certainty that it is the Rule of Allah: This is deemed the Great Kufr. If [the ruler] believes it is obligatory to rule by that which Allah has revealed, and he has knowledge of this matter but decides to abandon it, [in addition] to his confession that he deserves to be punished (by reason ofhis abandonment): This [individual] is disobedient, he is to be called an unbeliever who has committed Kufr Majazzee, or Minor Kufr, [hence he is not expelled from the Millah]. If [the ruler] is ignorant [ofa particular matter] connected to the Law ofAllah, despite his best efforts [to understand], [in addition to] placing all his mental ability in [an attempt] to comprehend the ruling, never-the-less he commits an error: This [individual is deemed] mistaken. He shall obtain the reward for his Ijtihaad, and his mistakes shall be forgiven. Consult: (Ibn Abee al-'Izz al-Hanafee, Sharh al-Aqeedah al-Tahaaweeyah, p.316-324). An explanation of Riyadh a1-Saliheen from the words of the Master of the Messengers Furthermore, it is known that the commission of an [act of] wrongdoing, other than acts of disbelief amongst Ahl al-Sunnah w al-Jama 'ah does not cause an individual to leave the fold ofImaan. Thus the point to consider: Does the act of abandonment benefit or not? If there is an advantage in doing so, the individual is to be deserted. The evidence to justify this course of action is contained in the story concerning Ka'b ibn Maalik, Hilaal ibn Umayyah, and Muraarah ibn Rabee' (may Allah be pleased with them all). These Companions are the ones who neglected to participate in the Battle of Tabook." Hence the Prophet