Kufr Can Occur Without Istihlaal and also Without Believing in it or Desiring it

[zumarshura]

Kufr can occur without istihlaal and Shaykhu'l-Islam Ibn Taymiyyah said regarding it: “And it is necessary for it to be known that the statement that ‘the disbelief of the one who reviled (Allah, the Messenger or the religion) is only disbelief because he made istihlaal of his act (i.e., declared this revilement to be lawful)’ is a repugnant mistake and very great error...and this is from numerous angles." (as-Saarim al-Maslul, 514); “And the bayan of that is that the one who does the haraam things making istihlaal of it he is kafir by ittifaaq, because the one who makes istihlaal of haraam things has not believed in the Qur’an, and the same for the one who makes istihlaal without action, and istihlaal is the belief that Allah did not forbid it, and sometimes the absence of belief that Allah made it haraam, and this is defects in iman fi'l Rububiyyah and defects fi iman bi risalah and this is pure rejection not built on muqadamah, and sometimes he knows that Allah has made it haraam, and he knows RasulAllah (saw) only makes haraam what Allah makes haraam, then he renounces (yamtani’u) prevents himself, refuses from obligation (iltizam) to this tahrim, and makes inad from what is muharam, and this is worse kufr than the previous. Then this imtina and refusal (Ibaau) either it is from defects in beliefs in wisdom of these decisions and His qudrah, and this returns to in the absence of tasdiq in Sifat from His Sifat, and it can be with knowledge with all what he has tasdiq in disobeying or following a goal from his nafs, and the reality of this is kufr…and this is (imtina’u from iltizam tahrim) is a form different from the first one (i’tiqaad for muharaam things to be halaal), and the takfir of this is known by necessity from the din of Islam and the Qur’an is full from the takfir of this kind, rather its punishment is worse.” (as-Sarim al-Maslul, 522)

Amongst the actions and statements are those on account of which a person exits from Islam and it is not a condition that he desires to leaves Islam (qasd), or desires to commit kufr or that he believes in the statement of kufr he uttered.

Ibn Hajr said: “Amongst the Muslims are those who exit the religion without desiring (qasd) to leave the religion and without choosing a religion other than that of Islam." (Fathu'l-Bari, 12/373)

Shaykhu'l-Islam Ibn Taymiyyah said: “And in essence, whoever says or commits that which is disbelief, kufr, disbelieves on account of it, even if he did not desire (lam yaqsud) to become a disbeliever (by the act), since no one desires disbelief except as Allah wills." (as-Sarim al-Maslul, 178)

To illustrate this point, a person may prostrate to an idol and this act in and of itself is kufr that expels from the religion. The ruling of takfir may be made upon a person, provided the preventative barriers to takfir are removed (compulsion, error but ignorance and ta'wil are not excuses in asluddeen). However, it is not a condition that a person “intended to perform kufr” by this act, before he is judged a disbeliever, since the mushriks who worship the dead and make supplication to them, believing that the dead provide for them and protect them, they never “intend to perform kufr” by these acts, rather they consider them to be worship and nearness to Allah, yet they are the greatest of acts of shirk and apostasy.

To illustrate with another example, a person who mocks and reviles Allah or the Messenger, it is not required that the person “desired kufr” by his words of mockery or revilement, and neither is it a condition that he “believed (i’taqada) in what he said” before takfir is made of him. Rather, if he said these words deliberately, intending to say these words, desiring to say these words, then that in and of itself is the kufr that expels from the religion. However, there is a difference between “desiring the act” and “desiring kufr”. The latter (i.e., desiring kufr) is of no significance and its presence or absence has no bearing on the ruling of takfir (in those cases where the action is major kufr that expels from the religion). If a person desired kufr in his heart, then he would become a disbeliever through that, regardless of whether he performed an act of kufr or not.

However, the former (i.e., having desired the act) meaning that a person willfully did the act, then this does have a bearing on the ruling of takfir, for this is related to the preventative barriers and required conditions for the performance of takfir, in the sense that it must be verified that this act did not occur out of compulsion, or error and the likes.

Ibn Qayyim said: “It has preceded that the one who uttered, when he found his lost camel: “O Allah, you are my servant and I am your Lord!” erred due to extreme joy and he did not disbelieve by these words, even though he uttered pure and clear kufr. This is because he did not intend to say it. And the one who is compelled to utter kufr, has indeed spoken with a word of kufr, but he does not become a disbeliever since he did not desire to utter this word, as opposed to the one who mocks or jests (about Allah, the Messenger, or the religion). In this case, such an utterance would necessitate disbelief and divorce, even if he was only joking and fooling around, since he desired to utter these words (qasidun li't-takallum bi'l-lafdh). And even if he was just joking, then this would be no excuse for him, as opposed to the case of the one who is compelled, or who erred, or who was forgetful. Such a one is excused." (I'laam al-Muwaqqi'in, 3/63)

Shaykhu'l-Islam Ibn Taymiyyah said: “Whoever uttered with his tongue a word of disbelief without having any need for it, deliberately saying it, knowing that it is an utterance of disbelief, then he becomes a disbeliever through that both inwardly and outwardly, and we do not make it permissible for it to be said: It is possible for him to still be a believer inwardly..." (Sarim al-Maslul, 524)

Shaykh ul-Islam added to the above, in explanation of the verse in Surah an-Nahl: “Whoever disbelieved in Allah after his belief, except him who is compelled and whose heart is at rest with iman. However, those who open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment." (an-Nahl 16/106) so he said: “And it is known that he did not intend by the disbelief mentioned here, the disbelief that relates to belief (i’tiqaad) of the heart only, because a man cannot be compelled with respect to this (i.e., his heart cannot be forced to hold a particular belief, even though he may be forced to say it with his tongue). And He (swt) excepted the one who is compelled (to disbelief) but did not meant the one who uttered (disbelief) and believed in what he said, because He (swt) excepted the one who is compelled..." (Sarim al-Maslul, 524)

In other words, only one who utters disbelief under compulsion is excused, as for the one who utters disbelief, then he has disbelieved, irrespective of whether his heart believed in what he said or not, since although a man can be forced to say something with his tongue, he cannot be forced to accept and believe it with his heart, and hence the compulsion being referred to in the verse mentioned above, is the one that is related to the tongue only. Therefore, it is not a condition that when someone utters disbelief, that he also believes in what he uttered for it to be considered disbelief.  

Shaykhu'l-Islam Muhammad bin Abdu'l-Wahhab stated: "And it is also said that whose about whom Allah said: “They swear by Allah that they said nothing (bad), but really they said the word of disbelief, and they disbelieved after accepting Islam.” (at-Tawbah 9/74), have you not heard (for yourself) that Allah declared them kuffar by a mere word they uttered, alongside their being from the time of RasulAllah (saw), and their having fought alongside him (in Jihaad), prayed with him, given zakaah, made hajj and singled out Allah in tawhid? And likewise those about whom Allah said: “Say: Was it at Allah, and His ayat and His Messenger that you were mocking? Make no excuse; you have disbelieved after you had believed." (at-Tawbah 9/65-66) So those who were with RasulAllah (saw) in the expedition of Tabuk, and about whom Allah made it clear that they disbelieved after having faith, they uttered a word and then they mentioned that they only said it in jest (i.e., mockery). Then it has to be clear that the one who proclaims statements of kufr and acts on them -just because he fears a reduction in his sustance or some harm from people (which does not reach the level of iqrah)- then this one is worse than the one who did so just jokingly." (Kashf ush-Shubuhaat)