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Translators note:

This is a translation of a detailed essay originally written in the Arabic language, by our brother Nasir al-
Sunnah al-Qurashi ‫حفظه هللا‬. The essay discusses and refutes the false manhaj of the khawarijis from every
angle, who misinterpret the verses and statements of Qur’an and Sunnah, to suit their deviant manhaj,
which has caused the widespread of misguidance, far from the true manhaj of Ahl - Sunnah. The essay
discusses the rulings of takfeer in great detail and clarifies the correct method of applying the evidence,
in accordance to the understanding of the early Salaf. He has authored many works which address the
many controversial issues the ummah is facing today, which are approved by Shaykh Abu Bara’a himself.
Among the great works he has authored is the essay in discussion: “The pure guidance regarding the
judgement of apparent Islam.”

We ask Allah Azza wa Jal reward the brother on our behalf and on behalf of the muslimeen and make
this a means of guidance upon the true manahaj for generations to come. Ameen.

A brief introduction of the author upon request:

“I am a poor servant of Allah in need of His forgiveness. I am of a Shāmi/Syrian origin and Qurashi
descent; a graduate from the institution of Shar'iah.

I migrated to dar al-Islam from Jazeera al-Arab (Arabian peninsula) and entered Ash-Shām in the year
1434 Hijri.

I joined the frontiers then undertook studies in the institution of Dawla al-Islamiyah as a student, then as
a teacher of Aqeeda. I have studied under a number of Shuyookh, may Allah have mercy on those who
were killed and preserve those who are living.(From the Shuyookh are the following):

Abu al-'Āliyya al Indonesi who is a student of Shaykh Sidra (Mus'āid Basheer may Allah preserve him) -
Abu Yahya Tunisian - Abu Ilyas and Abu Hamza and Abu Dujana al Masri (all of Egyptian origin) - Abu
Mus'ab Sahrāwi - Abu Hafs al-Hamdāni - and Abu Bara'a as-Sayf whom I studied from for many years
and continue to benefit from him .. I continue to seek knowledge from him until today and from other
scholars of grace..

We ask Allah to keep us steadfast and to grant us the understanding of His Deen.. Ameen

[Nasir al-Sunnah al-Qurashi]

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 The Pure Guidance Regarding The Judgement Of Apparent Islam

Table of Contents

Introduction...........................................................................................7
•Pages from previous history regarding the emergence of the
heretical kharijites..................................................................................11
•The new khatijites between secular philosophy and the disabling of
the Jahmiyya........................................................................................25
•Differentiating between the inner Islam [Iman] and the apparent
Islam.......................................................................................................37
•Evidence that judgement [upon an individual] is based on the
apparent, and that Allah is in charge of the inner secrets.....................45
•The position of the righteous predecessors on the issue of judging by
what is apparent and their statements concerning that.......................63
•Certainty is not removed by doubt, and what is established with
certainty is not removed except with certainty.....................................76
•The condition that a sound understanding [of the Creed] is required,
and that a declaration of innocence [from the tawagheet] must be
made in order to prove one's Islam ......................................................80
•Clarifying the issue through the reports of the predecessors, may Allah
[Azza Wa Jal] have mercy on them........................................................83

• A complete presentation [of Islam] is recommended and not

obligatory, so how have you made it to be from the foundations [of
Islam] , O evil ones who have trampled the earth!................................89

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•Clarification of the statements of Imam Ahmad [may Allah have mercy
on him] and others, regarding the issue of praying behind the one
whose [creed] is known.........................................................................95
•Ruling upon an individual is made in three ways, namely: text [Quran
and Sunnah], distinct indication [signs and rituals], or
dependency.........................................................................................101
•section: Ruling upon a [specific] individual through text:..................101
•Evidence from the Quran and Sunnah regarding this: ......................101
•Reported statements regarding the rulings [made] upon an individual
through text [Quran and sunnah]........................................................111
•Summary of this section.....................................................................116
• Ruling upon a [specific] individual through distinct indication [signs
and rituals]...........................................................................................118
•Evidence from the Quran and Sunnah...............................................118
• What has been narrated from the predecessors regarding the ruling
of the one who displays the symbols and rituals of Islam...................131
•Summary of this section.....................................................................138
•Ruling upon a [specific] individual by dependency..........................141
1- Section: Dependency [of religion] upon the parents.......................143
2- Section: Dependency [of religion] upon the master [of a slave] ....152
3- Section: Dependency [of religion] upon the Dār [land/abode].......157

•The rulings made upon the Dār [lands/abode] are among the issues of
Jurisprudence in which the scholars have differed..............................162

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•Division of lands [Dārs] according to the description it possesses.....179
•The ruling of a land by Islam or Kufr is not necessarily a permanent
description which cannot be detached................................................183
•Dependency [of religion] upon the parents is stronger than
dependency upon the land.................................................................185
•Islam of fitra [natural disposition] is a stronger sign than dependency
upon the land and has precedence in ruling with regards to the [religion
of the] child..........................................................................................195
•The judgement of the land and the [ruling of the] inhabitants are not
related..................................................................................................197
•Summary of the section.....................................................................200
•Summary of the chapter...................................................................207

Compilation and arrangement by: Nasir al-Sunnah Al-Qurashi ‫حفظه للا‬

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 The Pure Guidance Regarding The Judgement Of Apparent
Islam.

General introduction to the research

In the name of Allah, the most Gracious, the Most Merciful

[All] praise is [due] to Allāh, who created the heavens and the earth and
made the darkness and the light. Then those who disbelieve equate
[others] with their Lord.
All Praise is (due to) Allah The One who manifests the truth and its
helper, the refuter of falsehood and its destroyer, The One Who chose
Islam as the religion for His slaves, commanded and informed of it, the
Protector of it and what relates to it. He who ensured its manifestation
over all other religions, even though the Mushrikeen may detest. Then
[He] chose from His creation Messengers to call to it, and ordered them
to uphold [the religion] and to bear with patience that which befalls
them by the ignorant people. He tested them with tribulations of
various kinds, and He afflicted them with trials, in honour of them,
without humiliation, in honour, without loss. He raised some of them
above others in levels, so the most raised ones in degree with Him are
the ones who bear patiently the tribulations, thus being the closest to
Him. They are the best in carrying out what He sent, along with the
great test.
Allah [Azza Wa Jal] said, while addressing His Messenger ‫ ﷺ‬and his
followers, [may He be pleased with them]; {Or do you think that you
shall enter the Garden [of bliss] without such [trials] as came to those

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who passed away before you? they encountered suffering and
adversity, and were so shaken in spirit that even the Messenger and
those of faith who were with him cried: "When [will come] the help of
Allah." Ah! Verily, the help of Allah is [always] near}. [Baqarah:214]

And He the Most High said: {Do the people think that they will be left
to say, "We believe" and they will not be tried? We certainly tested
those before them. And ˹in this way˺ Allah will clearly distinguish
between those who are truthful and those who are liars}. [Ankabut:2-
3] [Sareeh al-sunnah at-Tabari 310h bitasarraf yaseer]

All Praise be to Allah who made those who carry this knowledge of the
later [generations] from the truthful ones [scholars], to refute from it
the distortion of the extremists, the plagiarism of falsehood and the
misinterpretation of the ignorant. May the prayers and peace [of Allah]
be upon the one who was sent as a mercy to the worlds, caller to the
Oneness of the Lord of the worlds.

As for what follows:

Know, may Allah have mercy upon us, that the ways of Allah regarding
His servants do not change nor alter, and the Victorious Sect will
continue to fight and clash against the people of disbelief and heresy,
the innovators and the transgressors, with the sword and the pen. They
will not be harmed by these nor those until Allah inherits the earth and
whatever is upon it.

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Chapter of Imam Bukhari, in his Sahih, the Book of I'tisam bil Kitab Wa-
Sunnah, [Chapter: the statement of the Prophet ‫ ﷺ‬:" A group of people
from my Ummah will always remain triumphant on the right Path,
fighting..", and they are the people of Knowledge]. Narrated from Al-
Mugheera bin shu'bah, that the Prophet ‫ ﷺ‬said; "A group of my people
will remain predominant [victorious] till Allah's Order [Hour] comes
[upon them] while they are still predominant [victorious]".

Narrated Muslim in his Sahih: Jabir bin Abdillah said, 'I heard the
Prophet of Allah ‫ ﷺ‬say; "A section of my people will not cease fighting
for the Truth and will prevail till the Day of Resurrection". He said: "Isa
son of Maryam would then descend and their [Muslims'] commander
would invite him to come and lead them in prayer, but he would say,
"No, some amongst you are commanders over some. This is the honour
from Allah for this Ummah"].

So, the one who does not speak from [his own] inclination, informed us
that it is a sect, and that one of it's trait is to appear against the
transgressors and betrayers. They stand for [the religion] of Allah with
Proof, with knowledge and action, calling to the truth, and will continue
to remain, never to be eliminated. They fight for Allah's command until
Allah makes them triumphant and establishes them in the land.
By Allah! Tell me O brother of Islam, where is the position of the
narcissistic men, the heretics who have no worry but to attack the
beliefs of the Muwahideen and to betray them, claiming that the laws
of this religion are not valid for this era, and their denial of what is
indicated by text [Quran and Sunnah], and what came of revelation by
the faithful [Jibril] from the Lord of the worlds, to the heart of

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the faithful Prophet ‫ ﷺ‬who accepted from the servants the [apparent]
Islam and entrusted their secret [affairs] to the Lord of consciences,
Knower of the seen and unseen, Helper of His Muwahideen servants,
even if the time has lengthened and it's helpers are few.

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 Pages from previous history regarding the emergence of the
heretical Khawarijis

Know may Allah set us upright upon the Truth and keep us steadfast;
that the first difference which resulted from the confusion and
innovations, was in relation to matters of [shar'i] names, rulings, Iman
and Kufr, and so the heretical kharijites transgressed against the group
of Muslims, accusing them of committing Shirk and Kufr. May Allah
never raise their banner, nor increase them, and may He eradicate
them if they do not repent and return to the truth.

The scholars differed concerning the first appearance of this evil sect.
Some of them trace the beginning of the emergence of the Kharijites to
the time of the Prophet ‫ ﷺ‬and make the first Kharijite Dhul-Khuwaisrah
al-Tamimi, who objected to the Prophet ‫ ﷺ‬in the incident of division.

Al-Bukhari narrated in his Sahih, that Abu Sai'd al-Khudri [may Allah be
pleased with him] reported: "When we were in the company of the
Messenger of Allah ‫ ﷺ‬and he was distributing the spoils of war, there
came to him Dhul-Khuwasira, one of Banu Tamim. He said: "O
Messenger of Allah, do justice". Upon this the Messenger of Allah ‫ﷺ‬
said: "Woe be upon thee! Who would do justice, if I do not do justice?
You would be unsuccessful and incurring a loss, if I do not do justice.”
Upon this Umar bin Khattab [may Allah be pleased with him] said: "O
Messenger of Allah, permit me to strike off his neck". The Messenger of
Allah ‫ ﷺ‬said, "Leave him, for he has friends [who would outwardly look
to be so religious and pious] that everyone among you would consider

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his prayer insignificant as compared with their prayer, and his fast as
compared with their fasts. They would recite the Qur'an but it would
not go beyond their collar-bones. They would pass through [the
teachings of Islam so hurriedly] just as the arrow passes through the
prey". [Al-Bukhari 3610]

However, this new formation and event was in fact true and not an
invented thought, a belief or a sect, and the one named Harqous was in
fact the seed from which the corrupt progeny came out from, as was
told by the Truthful One ‫ ﷺ‬:”There would arise a people from the
progeny of this (man) who would recite the Qur'an glibly, but it would
not go beyond their throats; they would (hurriedly) pass through (the
teachings of their) religion just as the arrow passes through the prey".
[Narrated by Al-Bukhari from the hadith of Abi-Saeed, No.4351]

Thereafter, this appearance crystallized by the display of 'promoting

the good and forbidding the evil' in the Caliphate of Dhul-Nurain, until
they entered the city, besieged him and killed him, (may Allah be
pleased with him), and it was not long before these people had
dispersed, they came out again after the incident of the arbitration
against the Commander of the Faithful, Ali bin Abi Talib, (may Allah be
pleased with him), thus were named 'the arbitrators'.
So despite the strong connection between Dhul-Khuwaisira, the mob
who revolted against Uthman, and the Kharijites who rebelled against
Ali because of the arbitration, the term 'Khawarij' in the strict sense,
applies to the kharijites because of the arbitration; by virtue of their
being a group in the form of a sect.

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And what distinguishes this new category is that they claim to be keen
on tawheed, seem to have jealousy for the religion in every age, and
enjoin the good and forbid the evil, but if they were to be established in
the land, they would declare the people of Islam to be disbelievers,
[i.e., make takfeer on them], hence corruption in the land would
increase and sanctities would be violated and there would be blood
shed.

Imam Wahab ibn Munbih said in his advise to a man affected by the
Kharijites: "O Khawlan, I was aware [and was a part] of the early Islam.
By Allah! There was never a group of Kharijites except that Allah
dispersed them on the worst of their conditions, and none of them
revealed his words [i.e. what he believes], except that Allah struck his
neck, and never did the ummah unite in appointing a man [Caliph] from
the Kharijites. Had Allah [Azza Wa Jal] established the Kharijites in the
land with their views, the earth would have been corrupted, they would
cut off ways, the Pilgrimage to the House of Allah would be severed,
and the matter would return to the pre-Islamic ignorance [jahiliyya].
Thus the people would return to seeking help from the tops of the
mountains as they did in the pre-Islamic era, and there would be no
more than ten or twenty men, not a man from among them except that
he calls for himself a caliphate, and with each man among them, more
than ten thousand fighting each other, testifying against one another
with kufr, until a believing man becomes so fearful for himself, his
religion, his blood, his family, and his wealth, that he does not know
where to go nor with whom to be. However, Allah [Azza Wa Jal] in His
Wisdom, Knowledge and Mercy looked at this nation, and looked to
them kindly, gathered them and united their hearts under one man
who was not from the Kharijites, protected them through him and
covered their faults and the faults of their offspring. He united them

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when they were divided and secured their paths and so they were able
to kill their enemies from the fortresses of the Muslimeen. He
established for them their limits [hudood] and gave justice to the
oppressed, and through him, they fought against the oppressors. A
mercy from Allah, Grace from Him". [See the complete advice in Tarikh
Ibn Asakir 63/381, and Tahdheeb al-Kamal for al-Mazi 31/150]

Al-Ajiri, in his book al-shariah [p:30] said: “The scholars, both the earlier
and the recent ones, did not differ regarding the fact that the Kharijites
are indeed an evil sect, disobedient to Allah [Azza Wa Jal] and His
Messenger ‫ ﷺ‬even if they pray, fast, and strive hard in worship as this
will not be of any benefit to them".

Some simpletons believe that the Kharijites are only those who make
takfeer on the perpetrators of major sins and judge them to be of those
eternally in Hellfire. However, the truth is that among the sects of these
[kharijites] are 'the Najdat', the followers of Najda bin Aamir. They did
not make takfeer of the one who committed major sins, nor did they
claim that he will eternally reside in Hellfire.
Al-Ash’ari said, in stating their belief: “They unanimously agreed that
every major sin is disbelief, except for the 'an-Najdat', who did not
claim that". And they unanimously agreed that Allah [Azza Wa Jal]
punishes those who commit major sins with an eternal punishment,
except for the an-Najdat, the people of Najdah. [Maqaalaat Islameen
(1/168)]

Ibn Abd al-Bar 463H narrated in at-Tamheed 23/324, that Abd al-
Razzaq mentioned on the authority of Mu'ammar, on the authority of

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Ayyub, on the authority of Nafi' that: "It was said to Ibn Umar that
Najdah said you are a disbeliever, and he intends to kill your master if
he does not say that you are a disbeliever". Abdullah replied; "By Allah
he has lied. I have not disbelieved since I embraced Islam". Nafi' said
that "When ibn Umar left, he saw the necessity of fighting Najda".

The leading sect of the Khawarij, after the [incident of] arbitration are
the al- Azariqa, the followers of Nafeh ibn al-Azraq. The scholars
differed in determining who was the first to rule the people of the
Qiblah [i.e. muslims] with Kufr or Shirk, and their making takfeer of
them. Was it the Azariqa or the people of the first arbitration? There
are those who concluded that the Azariqa were the ones who
originated the statement that Muslims are kuffar [i.e. the takfeer of the
muslims].

Harb al-Kirmani in his Aqeedah [p 109] reported on the authority of

Imam Ahmad: “As for the Kharijites, they are the ones who named the
Ahl al-Sunnah wal-Jama’ah ‘Murji’ah’, and the Kharijites lie. Rather they
themselves are the Murji’ah, claiming they are on faith - than other
people - and whoever opposes them, they claim that they are
disbelievers”.

Abd al-Qaher al-Baghdadi stated that the Azarqa were the ones who
innovated the saying that the Muslims are mushrikeen. As for the
arbitrators, they did not judge them except with kufr (infidelity). So
according to what he said: “And among them", that is, from the
innovation of the Azariqa, is their saying that their opponents from this

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nation [of Muslims] are mushrikeen, while those of the first arbitration
said they are Kuffar, not mushrikeen. [Al-farq Bayn Al-farq p.83]

In reality, the first arbitrators were in fact the first ones to make takfeer
of their opponents, from among the Muslims, calling them mushrikeen,
and treating them accordingly. The Azarqa were only imitating them in
this [act], even though they had gone to extremes in this position, as
we will see later.

The first matter we cite regarding the position of the first arbitrators,
regarding their opponents from the Muslims, is what Qais bin Saad bin
Ubadah mentioned in his dialogue with them, calling them to return to
obedience and unity, and informed them of their fault in their attitude
towards the Muslimeen, considering them mushrikeen for which they
shed their blood and legalized their sanctities. Their actions and beliefs
were made clear to them in his [Qais bin Sa'd] statement, in which he
said, “You have indeed committed a great wrong, bearing witness
against us of Shirk, while Shirk is a great injustice. You shed the blood of
Muslims and consider them mushrikeen.” [History of at-Tabari (5/83)]

This is a testimony of an eyewitness, that it was the first arbitrators

who considered those in opposition to them [from the Muslims] to be
mushrikeen, and this is what has been narrated from at-Tabari. The
arbitrators, as it previously appears were in fact the ones who
considered their [Muslim] opponents as mushriks, and they had also
judged them to be kuffar, as al-Malti narrated about them stating, “And
the seventh group are the Haruriyya, who make takfeer of the ummah.”
[At-Tanbeeh Wa-Rad (p. 56)]

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From among the incidents which prove their takfeer against their
[Muslim] opponents, consequently permitting their blood [i.e. killing
them], is the well-known and infamous [incident] of their killing
Abdullah bin Khabab, the Companion of the Messenger of Allah ‫ ﷺ‬and
others from among the Muslims.

It was narrated that Ali bin Abi Talib, [may Allah be pleased with him];
“Sent for the people of Nahrawan to deliver to us the killers of our
brothers, we will kill them, then I sha leave you and refrain from you,
until I meet the people of Ash-Sham. So perhaps Allah will turn your
hearts and return you to goodness in your affairs". Upon this they sent
to him; "We all participated in killing them and in making their and your
blood lawful". [History of at-Tabari (5/83)]

If they hadn’t believed that the people had committed kufr and had
left the fold of Islam, as they claim, then they wouldn’t have declared
their blood lawful [to spill]. A man named Al-Khairat bin Rashid was one
of the fiercest Kharijites against Ali [may Allah be pleased with him],
and against the Muslims in general. He would kill anyone in his way
who said Ali was a Muslim and freed those who didn’t believe in Islam.
This act of his, is a confirmation of the hadith which states: ["They will
kill the people of Islam and leave the worshippers of Idols alone"].
[Narrated by Al-Bukhari (3344) and Muslim (1064). From the hadeeth of
Abu Sa'eed al- Khudri (may Allah be pleased with him)].

This man [Al-Kharit bin Rashid], was one who revolted against Imam Ali
and those who obeyed him. During the course of their march, while

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they were on their way towards a village called Nafir, they received a
message from one of the workers of the Commander of the Faithful, Ali
[may Allah be pleased with him], named Qarza bin Ka’b al-Ansari, who
informed them of the coming of the Kharijites, in which it stated: “In
the name of Allah, the Most Gracious, the Most Merciful. As for what
follows; I tell the Commander of the Faithful that horses passed us by
Kufa heading towards Nafir, and that a man from Dahaqin, (from the
region at the bottom of the Euphrates) prayed there. He is called Zazan
Farukh and he was coming from his uncles place in the village in the
Nafar district, and they [the kharijites] approached him and said, "Are
you a Muslim or an infidel"? He replied, "Rather, I am a Muslim". They
asked: "What do you say about Ali"? He replied: "I say good about him,
I say that he is the Commander of the Faithful and the master of
mankind". So they said to him: "You have disbelieved, O enemy of
Allah". Then a group of them took him and killed him". [History of al-
Tabari (5/117)]

They made general takfeer of the people for the slightest of reasons,
until they even judged among themselves to be disbelievers when they
first accepted arbitration. So during their dialogue with Ali, they
themselves admitted that they had indeed disbelieved and then
repented, and that this ruling is general for everyone, even for Ali [may
Allah be pleased with him] himself. Therefore if he intended to enter
Islam, he must openly declare the disbelief [they claimed he
committed] and must openly repent. This is how stubbornness and
ignorance among them reached its peak.
They said to him: “We judged, and when we judged we sinned, and
because of that we disbelieved, and thus we repented. If you repent as
we did, then we are from you and with you, but if you refuse, then

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separate us from yourself for we are opponents alike, for Allah does not
like traitors.” Ali, [may Allah be pleased with him] replied to them, "A
punishment will befall you, and there shall be none left from among
you, nor a wabir [i.e. anyone]! Shall I, after my faith in the Messenger of
Allah ‫ ﷺ‬, my emigration with him and my Jihad in the way of Allah,
bear witness against myself of disbelief? Then I would have gone astray
and I would not be among the guided.” [History of at-Tabari (5/84)]
This is how it has been made clear to us of previous history and others,
[though we did not want to lengthen in presenting proofs], of the
infidelity of the arbitrators and their ruling of shirk upon the people of
Qiblah, and their treatment of them on this basis. The Kharijites later
followed them in that, especially Nafi’ bin Al-Azraq.

Al-Mubarrad mentions that Ibn al-Azraq did not consider his [muslim]
opponents mushrikeen at first, and neither did he agree to the killing of
their children, until a slave of Banu Hashim came and told him of these
statements which he rebuked at first. However, he persisted and
continued with the sayings until he convinced Ibn al-Azraq of that
malicious evil view. Thereafter, he proceeded to apply it with all
severity and violence.

Al-Mubarrad says: “And they continued to take care of the people of

Al-Nahr, Mirdasa and those who went out with him, until a servant of
Banu Hashim came to Nafi’ and said to him, "The children of the
mushrikeen are in the Fire, and whoever opposes us is a mushrik, so the
blood of these children is permissible for us [to spill]". Nafi' replied to
him, "You have disbelieved and witnessed it upon yourself". He replied
to him, "If I do not bring you this from the Book of Allah then kill me.

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[He then recited]: {And Noah said, "My Lord, do not leave upon the
earth from among the disbelievers an inhabitant. For if You spare ˹any
of˺ them, they will certainly mislead Your servants, and give birth only
to ˹wicked˺ sinners, staunch disbelievers.} [Nuh:26,27]
This is the matter with regards to the disbelievers and their children.
Then Nafi’ testified that they were all in the Fire and agreed to their
killing.” Al-Kamil al-Mubarrad (2/176).

Regardless of the matter whether the position Ibn al-Azraq took was
prior the dialogue or after, the crucial point is that he was convinced of
this [view]. He even exaggerated in the matter until the al-Azraqah
became the largest of those who claimed that their [Muslim]
opponents were mushrikeen, expelling them from the religion and
permitting everything concerning them. They actually pursued their
statements by shedding their blood and violating sanctities. They killed
their [Muslim] opponents, the old and the young, and did not take into
consideration the ties of kinship nor covenants. Indeed the statements
of the scholars on this [issue] are numerous and their statements
support each other, that the al-Azariqa are indeed the worst of the
sects and the most severe against the people of Islam.

Abd al-Qaher al-Baghdadi stated: “Nafi’ and his followers claimed that
the land of their [Muslim] opponents is Dār al-kufr [abode of disbelief].”
[Al-farq bayn al-farq, p 84]

Al-Malti stated: “A group of them are called the Azariqa, and they are
the most difficult of the Kharijites and the most evil of them in
practice". [At-tanbeeh wa-rad 'ala ahl ahwā wal-bid'h p 167]

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 This signifies the extent of their ignorance and intolerance for their
opinion. Perhaps a questioner would ask, what was the ruling of the
Prophet ‫ ﷺ‬and his honourable companions according to these people,
while they were residing in Makkah before emigration, whilst they were
living among the polytheists?! This among them is a misguidance in
addition to their [previous] misguidance, in considering the Muslims
who integrated with the [polytheists] as mushrikeen. However, Allah
made [them suffer] adversity amongst themselves, killing each other
and taking one another’s wealth, which is the work of the people of
desires.

Ibn Al-Azraq cited verses which were [revealed] regarding the

mushrikeen, and claimed that they include those who oppose him the
Muslims. When he would preach his companions, he would remind
them of Allah's blessing upon them, as He had taught them of the truth
that no one else knew, and that they should not have the governance
of any of their opponents [over them], and so it is not permissible to
marry from them [i.e., the Muslims], nor to inherit from them, or even
reside among them. From his statement regarding that was: "Indeed
Allah, the Blessed and Exalted, has revealed: [This is a declaration of]
disassociation, from Allah and His Messenger, to those with whom
you had made a treaty among the polytheists. [Tawbah:1] And do not
marry polytheistic women until they believe. [Baqarah:221] Allah has
forbidden their governance, to reside amongst them, to authorize their
testimonies, to eat from their sacrifices, to accept knowledge of the
religion from them, to marry from them nor to inherit from them. Allah
has made us responsible to know this and it is our right that we know
this religion from those of whom we left and we do not conceal what

21
Allah has revealed. Allah Almighty says: [Indeed, those who conceal
what We sent down of clear proofs and guidance after We made it
clear for the people in the Scripture - those are cursed by Allah and
cursed by those who curse]. [Baqarah:159] At-Tabari stated: "All his
companions accepted this view". [History of at-Tabari (5/567]
Among their heinous actions [they committed], which demonstrates
the corruption of their belief and their departure from the path, is their
earnestly killing those who state [clearly] that they are Muslim, without
verifying whether he is truthful or not in that. As though the statement
'I am a Muslim' of those who oppose them, is equal to the saying 'I am a
kafir', as we will see later, when they took Ubadah bin Qurt, who
returned from the battle against the true infidels and came to them
when he heard the call to prayer. He didn’t come to see how to pray,
but rather, to enter into prayer as a Muslim, believing in his Lord and
the Prophe ‫ﷺ‬.

8559 - We were told by Mu’adh: on the authority of Salih bin Hatim,

who told us on the authority of my father, who told us on the authority
of Yunus bin Ubaid, on the authority of Hamid bin Hilal, who said:
"Amara bin Qars al-Laythi left for battle and remained there as long as
Allah willed. Upon his return, while he was close to Al-Ahwaz, he heard
the call to prayer and said: "By Allah, I have not prayed with a
congregation of Muslims for a long time.” He intended to pray heading
towards the Adhan where he was met by the Azariqa. They said to him:
"What brought you here O enemy of Allah?" He replied: "Are you not
my brothers?" They said: "You are the brother of the devil, and we shall
kill you". He replied: "Are you not pleased with me in what pleased the
Messenger of Allah ‫ﷺ‬. They said: "With which thing about you was he
pleased?" He replied: “I came to him while I was an infidel, so I testified

22
to 'Laa ilaha illallah' [there is no deity worthy of worship but Allah] and
that he is the Messenger of Allah, so he let me go.” But despite that,
they took him and killed him. [Al-Mujam Al-Awsat 8/255 by At-
Tabarani 360H]

So, are they foolish or ignorant after this action?! A man tells them
about his position with the Messenger of Allah ‫ ﷺ‬which was more
severe than his stance with them, and the Messenger of Allah ‫ﷺ‬
accepted his Islam, regardless of what preceded it, while they did not
accept. Were they more keen on Islam and more zealous than the
Messenger of Allah ‫!?ﷺ‬

Ibn Hazm mentions their difference in treatment of the Muslims and

dhimmis [people of covenant] stating: “And they said of examining
everyone who met them except their own troops, and killed anyone
who said: 'I am a Muslim', while they prohibited the killing of those who
were from the Jews, Christians or the Magians [Majoos]. The
Messenger of Allah ‫ ﷺ‬testified against them of this, that they are a
lawless people and will pass through [the teachings of Islam] just like an
arrow passes through the prey. He ‫ ﷺ‬said that they will kill the people
of Islam, and leave the idol worshippers. This is one of the signs of his
prophet hood ‫ ﷺ‬as he warned of this. It is one of the details of the
unseen and it happened just as he stated". [Al-fasl 4/189]

Ibn Taymiyyah mentions that they permit of their Muslim opponents

that which they do not permit for the original infidels. [Majmoo’ al-
Fatawa 3/355].

23
Every nation has an inheritance, even in their method of the use of
evidence, the twisting of texts, the crooked understanding, the
following of whims and the judgments [made by] senile minds, and the
one who contemplates the reality of the recent heretics [kharijites]
knows very well that they are on the path of their predecessors in their
takfeer of the people of Islam, appeasing the infidels, from the
worshippers of the cross, atheists, cow worshipers and others. Rather,
the heretics today are worse than those before, their arrow;
concealment [of the truth] and their quiver; treachery. You will not find
them in an attack here nor there in the frontiers of Islam, nor face to
face with a sword, except with daggers of treachery and betrayal. May
Allah diminish them if they do not repent.

We ask Allah, Glory be to Him, to raise up the beacon of Islam, so we

are able to destroy the monuments of Kufr and tyranny, and rule the
earth in accordance with the Laws of the Most Merciful and upon the
method of the Prophet ‫ ﷺ‬, so that we can eradicate the innovations of
the people of whims and the followers of Satan. [Ameen]

■■■

24
The new kharijites between secular philosophy and the disabling of
the Jahmiyya.

Foreword and an introduction in identifying this new religion:

Know, may Allah guide us upon the truth, that one of the greatest trials
the people of Islam are afflicted with today, especially the mujahideen
on the frontiers [battlefields] are from the heretical human hyenas; the
Kharijites, who have been raised on treachery and betrayal, and are
working with the people of the cross against everyone who raises the
banner of jihad from among the people of Islam. The religion of this
sect is established upon the inherited innovations from their ancestors,
the people of whims, the extremists of every religion and sect, who
make takfeer upon the people of Islam based on assumptions and false
accusations. You will find that they took to destroying the laws [of
Allah] in order to make them void of their reality, from the Jahmiyyah
and the people of irja, and have taken [the belief of] takfeer to be
known by the intellect which obligates punishment, from the
Mu'tazilah, and took concealment [of the truth] and treachery from the
Rafidah. Rather, they even [hold] blasphemous secular philosophical
[beliefs], declaring that the laws of Islam are not valid for this era. That
which Allah and His Messenger ‫ ﷺ‬called Islam at the time of revelation
and divine inspiration, and the successive eras of Islam, became
worthless [to them] without giving it no regard, according the religion
of these evil sects. May Allah not increase their likes.

And know O brothers of Islam, from that which Allah [Azza Wa Jal] has
entrusted upon those who carry the Trust of this religion, is that they

25
must make the religion clear to the people and must not conceal it.
They must guide to the path of salvation which the Prophets and those
who followed them in goodness walked, and that is by holding onto
divine revelation, following it and asking Allah for steadfastness [upon
it].
Allah [Azza Wa Jal] said: {And whoever opposes the Messenger after
guidance has become clear to him and follows other than the way of
the believers - We will give him what he has taken and drive him into
Hell, and evil it is as a destination}. [Nisa:115]

And He the Most High said: {And, [moreover], this is My path, which is
straight, so follow it; and do not follow [other] ways, for you will be
separated from His way. This has He instructed you that you may
become righteous}. [Al-anam:153]

The Prophet ‫ ﷺ‬said: "Whoever turns away from my Sunnah is not of

me". [Narrated by Bukhari]

Umar Ibn Al-Khattab [may Allah be pleased with him] said: “I do not
fear for this nation that a believers faith deters him [from evil], nor a
sinner who openly sins, but I fear that a man recites the Qur’an until he
exaggerates it [perfectly in recitation] with his tongue, but then
interprets it with another interpretation”. [Jaami' bayan Al 'Ilm li Ibn
Abd al-Bar (1242) Sifa Al Munafiq Al-Faryabi (26)]

26
 This is because the Sunnah and the Jama'ah [of scholars] have secured
the entire matter of the religion and it has been made clear to the
people. Therefore, it is upon the people now to follow.
Hudhaifah [may Allah be pleased with him] would enter the mosque,
and he would stand near the door frame and say: “O reciters! Tread the
path, for if you firmly tread it, indeed you would have gone far ahead
[i.e., successful], but if you turn right and left you will have strayed far
astray". [Al-Bukhari (7282), (al-bid' wa-nahi 'anha li Ibn Waddah 1/36)]

It has been reported on the authority of Abdullah bin Mas’ud [may

Allah be pleased with him], he said: “There will come a people who
shall leave the Sunnah like this, meaning the joint of the fingertip. If you
leave them, they will bring about great catastrophe. There was not a
people to whom a [divine] Book was sent, except that they would be
the first to abandon the Sunnah and the last to abandon the prayer,
and had they not been from the People of the Book, they would have
abandoned prayer". [I'tiqad ahl Sunnah li Al-Lalkai (122) Al-Ibanah by
Ibn Battah (194)]

It has been narrated on the authority of Al-Zuhri, who said: “Our

scholars would say that holding fast to the Sunnah is salvation, and
knowledge is taken away quickly. Knowledge revives the stability of the
religion and this world, and the disappearance [death] of scholars
removes all of that". [Sunan al-Darami (96),[I'tiqad ahl Sunnah li al-
Lalkai (136) al-Ibanah by Ibn Battah (166)]

Muhammad bin Sirin said: “One would see [himself] on the [straight]
path, as long as he was in accordance to the athar [i.e., in accordance to

27
the teachings of the Salaf]". [Al-Ibanah by Ibn Battah (250), Sharia by Al-
Ajri (30)]
Al-Mirzawai reported from as-Sunnah No. (95); “Abu Hafs Al-Bahili
narrated to us, he said Shuraih bin Al-Nu’man told us that Al-Ma’afi told
us that Al-Awza’i told us, he said, Umar bin Abdul Aziz said, “There is no
excuse for anyone to commit [an action of] misguidance, after the
[presence of] Sunnah, thinking that it is guidance".
Imam Ahmad 204H stated in Usul al-Sunnah 1/14: "The foundation of
the Sunnah according to us is to adhere to what the companions of the
Messenger of Allah ‫ ﷺ‬were upon, to imitate them and to abandon
innovations, because every innovation is misguidance. Also from the
Sunnah is to abandon disputes and [to avoid] sitting with those who
follow whims and desires, and to leave quarrels, arguments and
disputes regarding the religion. Also, according to us, the Sunnah is the
statements of the Messenger of Allah ‫ ﷺ‬and it explains the Qur’an, and
it is evidence for the Qur’an, and no [intellectual] analogy is to be made
in the Sunnah and no similarity is set for it. It is not to be understood by
intellect or whims, but rather, is to be followed and to abandon
desires".

The issue which concerns us, is to follow the commandments of Allah

[Azza Wa Jal] and His Messenger ‫ ﷺ‬, for Allah knows in His prior
knowledge that the believer and the disbeliever will participate in the
implementation of laws. So Allah has established His religion and
commanded his Prophet to treat the people according to what appears
from them and to entrust what is hidden [i.e., matters of the heart] to
Him. Exalted are His Praises, He is Alone, and none can contest Him in
that.

28
It has been reported from the Messenger of Allah ‫ ﷺ‬, that he said: “The
Hour [Resurrection] will not occur as long as anyone says: 'Laa ilaha illa
Allah' or commands good or forbids evil." [The Musnad of Is’haq bin
Rahwayh 1/387]
Affan narrated, that Hammad narrated, that Thabit told us on the
authority of Anas that the Messenger of Allah ‫ ﷺ‬said, "The Hour
[Resurrection] will not occur until 'Laa ilaha illa Allah' is not said on the
earth". [Narrated by Ahmad in "Al-Masnad 21/332]
It has been narrated on the authority of Anas [may Allah be pleased
with him], that the Messenger of Allah ‫ ﷺ‬said: “The Hour
[Resurrection] will not occur until 'Allah, Allah' is not said on the earth".
[Narrated by Muslim]

These are among the hadiths with which we respond to the

misconceptions of the khawariji Jahmiyyahs. Allah, Glory be to Him, the
Exalted and the Majestic tells us on the tongue of His Prophet ‫ ﷺ‬that
the Hour will not be established as long as there remains a people who
say 'Laa ilaha illallah', and He did not Say a 'believer' or a 'Muslim'.
Glory be to Allah, for Allah Almighty will not establish the Hour because
of the mere presence of an individual saying 'Laa ilaha illallah' and he
avoids falling into [committing] any nullifiers. He is the One, Glory be to
Him, who knows the kafir from the Mu'min.
And He, Glory be to Him, the Mighty and Sublime knows who said 'Laa
ilaha illallah', whether he said it for the sake of His Noble Face, the
Mighty and Sublime, or he said it contrary to that... He the Most High
said: {Indeed, your Lord knows best those who have strayed from His
path, and He knows best those who are rightly guided} [Al-Qalam-7]

29
Thereafter these extreme heretics come to us and accuse us of being
ritualistic!!!! Merely for the fact that we have ruled an individual with
Islam about whom we do not know to have committed open Kufr, while
we heard him say 'Laa ilaha illa Allah' or we saw him pray. So the Khariji
Jahmiy wants us to make takfeer upon him without him having
committed that which obligates us to rule him with kufr. Moreover, this
servant has entered the fortress of Allah [Azza Wa Jal] by his utterance
of 'Laa ilaha illallah', and so he gained the protection of Allah and the
protection of His Messenger ‫ ﷺ‬and the name 'Muslim' was affirmed to
him regarding the apparent judgment [i.e., based on what is apparent],
until he comes with something which contradicts it, a contradiction
which is clearly proven by evidence of divine revelation and by the
consensus of the predecessors.

It has been narrated on the authority of Ibn Abbas [may Allah have
mercy on him] who said: “Allah, the Mighty and Sublime says 'Laa ilaha
illallah' is my Word, and I am it. Whoever says it has entered my
fortress, and whoever enters my fortress is safe. The Qur’an is my
speech and from me it came". [Al-Ibaanah al-Kubra 5/28]

It has been reported in Sahih al- Bukhari: Anas bin Malik reported that
Allah's messenger ‫ ﷺ‬said: "If anyone observes our form of prayer, faces
our qibla, and eats what we kill, that one is a Muslim who has
protection from Allah and His messenger; so do not betray Allah’s
protection.”

30
Do you think, O heretics, that we will abandon the words of the
Messenger ‫ ﷺ‬and betray Allah and His Messengers' protection for
you?!!! We are all aware of the fact that the Messenger ‫ ﷺ‬was sent to
the ignorant, in the days of jahiliyyah while Shirk was widespread.
Perhaps the Muslim tribes at that time were so few that they could
have been counted on the fingertips. However, the Messenger ‫ﷺ‬
treated each servant according to what was apparent from them and
entrusted their inner secrets to Allah. Or did you forget the part of his
guidance, that he did not attack a people immediately, until the call for
the prayer had passed [and was heard, i.e. which was a sign of their
Islam].

Anas bin Malik narrated that when the Prophet ‫ ﷺ‬took us out on an
expedition against a people, he did not set out with us till the morning.
He would look at them, and if he heard a call to prayer he refrained
from them, but if he did not hear any, he would attack them. [Narrated
by Bukhari 1/123]

Abdullah bin 'Issam Muzani narrated from his father who said, "We
were sent by the Messenger of Allah ‫ ﷺ‬on the day of the Battle of
Wadi Nakhla' and he said, "Kill as long as you do not hear the muezzin
[caller to prayer] or see a mosque". [Tabaqat li Ibn Sa'd 2/149] The
Messenge ‫ ﷺ‬used to teach his companions the principles of war, and
that by which blood is protected in war.
Abu Majlis narrated on the authority of Abu Ubaidah, on the authority
of Abdullah bin Mas'ud, who said the prophet ‫ ﷺ‬said: “If one of you
draws his spear at a man and his spear is at the neck of the man ready

31
to slay him, then the man says 'Laa ilaha illallah', the spear must be
lifted off of him". [Al-Mu'jam Awsat Li-Tabarani 1/69]

Here [we narrate of] Abdullah bin Umar [may Allah be pleased with
him] who used to free his servants if he saw something good in them.
Abd al-Aziz ibn Abi Rāwad narrated that Nafi told me regarding Abullah
Ibn Umar that if he would see something [good] from his servants
which pleased him, he would set them free and his servants knew this.
Nafi' said: "I have seen some of his servants, perhaps they would try
and frequent the mosque so that when he sees them in this condition
he would set them free. So his companions said to him, "By Allah, O
Abu Abdul-Rahman, they are tricking you!". He said, so Abdullah
replied: "Whoever deceives us by Allah [i.e. by embracing Islam] then
we will fall for his trick". [Tabqat Ibn Saad 4/167]

So this Khariji Jahmiy wants us to make takfeer upon an individual we

see praying, and we do not know of him to have committed any open
kufr, merely because a Khariji jahmiy objected [to his Islam] with a
corrupted doubt. Praise be to Allah, we say as Abdullah bin Umar bin
Al-Khattab [may Allah be pleased with them] said, “Whoever deceives
us by Allah [by embracing Islam], then we will fall for his trick. This is
the Umar bin Abdul Aziz [may Allah have mercy on him] who would
accept the Islam of a dhimmi under his rule, even if the Jizya was in the
balance [i.e. it has already been taken].

Husayn narrated, on the authority of Umar ibn Abd al-Aziz that he

wrote; "If one has embraced Islam and the jizya is in the balance, then
it must not be taken off of him". [Tabaqat ibn Sa'd 5/356]

32
Ya’qub ibn Abd al-Rahman narrated on the authority of his father that
Hayyan Ibn Shuraih worked as the governor of Egypt for Umar ibn Abd
al-Aziz, who wrote to him; "The people of Dhimmah have hastened in
[embracing] Islam and diminished the jizya" [i.e. the revenues have
decreased]. So Umar wrote to him; "As for what follows: Allah sent
Muhammed as a caller and did not send him as a collector. So when
this message of mine reaches you, and the people of dhimma hasten to
Islam which may diminish the jizya, roll up your book and accept [their
Islam]. [Tabaqat Ibn Sad, 5/384]

Abdul Rahman bin Hassan narrated, on the authority of his father that
Umar bin Abdul Aziz, who was the khalifa to the governor of Khorasan,
Jarah bin Abdullah Alhakami, wrote and ordered him to call the people
of jizya to Islam. If they embraced, their Islam would be accepted and
the jizya would not be taken from them, and so they would have what
is due to the Muslims, and upon them would be that which was due
upon the Muslims. A man from the nobles of Khurasan said to him, "By
Allah! He does not call them to Islam except that the jizya should be
paid on their behalf, so test them with circumcision". So he [Jarrah bin
Abdullah] replied, " Should I turn them away from Islam by
circumcision? If they convert to Islam and their Islam is good, they
themselves will hasten to purification". So approximately four thousand
people embraced Islam at his hands”. [Tabqat Ibn Sa'd 5/38]

Here is where he ‫ ﷺ‬informs us, about the state of the coming days and
the alliance [of the people] with the unjust Muslim rulers, their display

33
of the ritual of prayer being a safeguard for their blood, so long as they
do not come with open disbelief..

Our talk here is not in reference to the rulers of today for they are
infidels and mushrikeen, who have made themselves equals with Allah
in legislation. They have disrupted the doctrine of 'Walā wal Barā'
[loyalty and disavowal] and have waged war against the people of
Tawheed in every place. May Allah diminish them if they do not repent,
and establish us against them and inherit us the land in which we are
able to establish His law and implement the Sunnah of His Prophet .

Umm Salamah narrated that the Prophet ‫ ﷺ‬said, "Indeed there shall
come upon you A'immah [leaders] whom you like [what they do] and
some [of what they do] you dislike. So whoever rejects, then he is
innocent, and whoever loathes, then he is safe. But whoever is pleased
and follows.” [i.e., then he is blameworthy]. It was said, "O Messenger
of Allah! Shall we fight them?" He said: "No, as long as they offer
Salah." [Ta'theem Qadr as- Salah 2/949]

Thus we conclude this matter with a hadith, and then with this
precious saying of Ibn Mundah, in which he clarifies that action is a
branch that does not detach from the description of Iman, and
disregarding it or negating what it indicates is contrary to the Sunnah of
the Prophet ‫ ﷺ‬, his guidance and the actions of Ahl al-Sunnah wal-
Jama’ah.

34
It has been narrated on the authority of Abu Hurayrah [may Allah be
pleased with him] that the Prophet ‫ ﷺ‬said, "Iman has over sixty
branches, and modesty is a branch of Iman." [Narrated by Bukhari 1/11]

We mention the parable which Allah and the Prophet ‫ ﷺ‬struck of the
believer and Iman. Allah [Azza Wa Jal] said: {Have you not considered
how Allah presents an example, [making] a good word like a good tree,
whose root is firmly fixed and its branches [high] in the sky? It produces
its fruit all the time, by permission of its Lord}. [Ibrahim:25]. He set the
parable of Iman as such, and made for it an asl [foundation], branch
and a fruit that would yield for him every time. The Prophet ‫ ﷺ‬asked
his companions about the meaning of this parable set by Allah. So they
fell [in thoughts] of the trees of the desert. Ibn Umar said, “It struck me
that it was the palm tree but I felt ashamed [to respond].” So the
Prophet ‫ ﷺ‬said, “It is the date palm". Then the Prophet ‫ ﷺ‬explained
Iman through his Sunnah as he understood the example set by Allah, in
which he informed us that Iman consists of branches; the highest of
which is the testimony of 'Laa ilaha illallah' and made it's foundation
acknowledgment with the heart and the tongue, and made
actions/deeds its branches. So the one who named Iman belief is the
one who informed us that Iman is made up of branches. Therefore,
whoever does not consider actions a branch of Iman as the Prophet ‫ﷺ‬
did, and set for it a foundation and branches as the Messenger ‫ ﷺ‬and
Allah set for it a parable, he is then contrary [in belief] to the Sunnah.
Moreover, none has the right to differentiate between the descriptions
of Iman which the Prophet ‫ ﷺ‬set, believing in parts and disbelieving in
others, because the Prophet ‫ ﷺ‬said, when he was asked by Jibril [may
Allah's peace be upon him] about Iman, he began with the Shahadah
[testimony].

35
He also said to Wafad Ibn Abdul Qais: “Do you know what Iman is?” to
which he responded with the testimony first, which is the statement of
asl al-Iman [foundation of faith]. Therefore, the testimony to 'Laa ilaha
illallah' is actual affirmation and total acknowledgment with the heart,
by which one witnesses for Allah with his heart and his tongue, which
begins with the heart's attestation and acknowledgment. Then he
commends his testimony by proclaiming with the tongue and
acknowledges it with a truthful intention, which returns to a sincere
heart, for that is the [true] believing Muslim. Not the likes of the
hypocrites as they had witnessed when they said, {"We testify that you
are the Messenger of Allah."} [Al-Munafiqun:1]. Allah said: {"And Allah
testifies that the hypocrites are liars".} [Al-Munafiqun]. Allah did not
call them liars due to their statement, but declared them liars because
of [the hypocrisy in] their hearts, as He said: {"And Allah knows that you
are His Messenger".} [Al-Munafiqun:1]. He rejected them because they
uttered with their tongues that which was not in their hearts. So in
reality, this is the true Islam, as described above. This is the Iman and
Islam which preserved the blood of the hypocrites from being shed and
protected them from falling into captivity. This is the Submission as
clarified above, for which we seek it's success from Allah. [Kitab-al
Iman 1/350 Ibn Mundah 395H]

■■■

36
 Differentiating between the inner Islam [Iman] and the apparent
Islam

Ahl-Sunnah differed on this issue, having two opinions:

The first: the [meaning of these] names [Iman and Islam] compliment
each other when used isolated, but each has its own meaning when
they accompany each other in the same text.
The second: the [meaning of these] names [Iman and Islam]
compliment each other whether used isolated or when combined in the
same text.

The first opinion: It is the most correct view, which [is the view held by]
the majority of the Ahl-Sunnah, and among those who said of this are
Ibn Abbas, Al-Hasan Al-Basri, Muhammad bin Sirin, Al-Zuhri, Qatadah,
Dawud, Ahmad bin Hanbal, Hammad bin Yazid, Muhammad bin Abdul
Rahman bin Abi Dhi’b, Abu Jaafar Al-Baqir, Abdul Rahman bin Mahdi,
Al-Khattabi, Al-Lalka’i and Ibn Taymiyyah and Ibn Rajab al-Hanbali in
'Jami’ al-Ulum wa al-Hakam' and Ibn Mandah.
[Kitab Al Iman: 353]

The evidence [for this] is the saying of the Most High: {"The bedouins
say, "We have believed." Say, "You have not [yet] believed; but say
[instead], 'We have submitted,' for faith has not yet entered your
hearts. And if you obey Allah and His Messenger, He will not deprive
you from your deeds of anything. Indeed, Allah is Forgiving and
Merciful".} [Al-hujurat:14]. Allah affirmed their Islam but did not affirm

37
to them Iman. Also His statement: {"And whoever desires other than
Islām as religion - never will it be accepted from him, and he, in the
Hereafter, will be among the losers".} [Al-Imran:85] 'Never will it be
accepted from him', meaning the first level [foundation] of Iman will
not be accepted from him.

The second opinion: This is what Al-Bukhari said [Al-Fath: 55], and
Muhammad bin Nasr Al-Marwazi and Ibn Abdul-Barr, and he said, "And
upon this saying that Iman is Islam, are the majority of our companions
and others from the Shafi’i and the Maliki [madhab]. [At-Tamheed
9/280]. Abu Awanah Al-Asfara’ini 316H conveyed in his Sahih on the
authority of al-Muzni that the companion of al-Shafi’i emphasised that
it is considered to have the same meaning. [Fath al-Bari: 1/115]. Also
the companions of Abu Hanifa [held this view].

The evidence [for this view] is the statement of Allah the most High:
{"Indeed, the religion in the sight of Allah is Islām. And those who
were given the Scripture did not differ except after knowledge had
come to them - out of jealous animosity between themselves. And
whoever disbelieves in the verses of Allah, then indeed, Allah is swift
in [taking] account".} [Al-Imran:19]
It has been narrated on the authority of Abu Hurayra that the
Messenger of Allah ‫ ﷺ‬said: "Islam initiated as something strange, and it
would revert to its [old position] of being strange, so glad tidings for the
stranger." [Narrated by Muslim]. Furthermore, every verse in which the
people are addressed 'O you who believe' is evidence that Islam is
Iman.

38
So according to the most correct view from the statements of the
scholars, there is a difference between [the Islam of judgment, or the
apparent Islam] or the Islam by name, [i.e. by which rulings of Islam
apply to an individual], and between [true inner Islam or Islam of
salvation [i.e. Islam in terms of Akhira]. This difference between [Islam
and Iman] is in accordance with the rule of them being combined. That
being; if they both appear in the same context, they separate [in
meaning] each holding its own meaning and if they come isolated, each
compliments the meaning of the other. This is [the understanding]
according to text and among the predecessors.
This is because if Islam is coupled with Iman, it's meaning addresses
apparent actions only, that is; the outward apparent Islam of [passing]
judgment, without the inner actions, which relates to kufr bit-taghut,
the disavowal of [the taghut] and it's people. This disavowal is the
belief of deeming false that which they are on with regards to their
beliefs, hatred of it and to avoid it. This is the foundation [of Islam]
which takes place in the heart. As for expressing takfeer of them,
hostility towards them with the limbs, the tongue and fighting them,
then this is an obligation which is tied to the ability [of an individual],
which may be dropped due to incapacity and weakness.

Whoever does not know this division and the difference between the
two, as is the case with the heretics who have mixed up the names and
rulings, so you find that they distort the texts which have been revealed
and mention the rulings pertaining to apparent Islam, and the apparent
laws regarding worldly rulings, only to fit their beliefs. So they distort
the texts like the distortion of the Ash’ari and Jahmiyyah, rather
sometimes their distortion is similar to the denial of the text!!

39
Al-Lalka’i (1898) narrated on the authority of Abu Ishaq who said: “I
asked Al-Awza’i, I said, "Do you think that a man testifies against
himself that he is a believer?" He said: "Who says this?" I replied: "How
does he say this?" He said: "He says 'I hope' [i.e. doubting himself of
being Muslim] whilst they are Muslims and marriage to them is valid
and their sacrifices are permissible, and the limits [hudood] are applied
to them. We consider them Muslims by name and we do not know
what Allah will do with them, and I do not bear witness of anyone being
saved after the [death of] Messenger of Allah ‫ﷺ‬

This is because they thought these texts were regarding true [inner]
Islam which will safeguard one on the Day of Resurrection. You will find
them repeatedly asking these questions which have troubled them
because of their ignorance and their following the path of their
ancestors; the people of whims and innovations:
Question: How does an infidel become a Muslim??
Or they say:
How can he who does not reject the taghut be saved??
The answer to the first: The original kafir becomes a Muslim by taking
the initiative and pronounces the two testimonies. Thus, the name
'Muslim' is affirmed for him, protection is granted to him and the
rulings [of Islam] are applied to him in this world. However, to continue
this description [i.e. the name muslim], he must learn the rest of the
pillars of Iman and display the outward and apparent rituals, the first of
which is prayer, and thereafter every ritual when it is due to be
performed. In addition, he must not nullify that which is affirmed for
him [of Iman] by committing one of the nullifiers which are stipulated
by the Qur’an, Sunnah and the consensus. If he violates these, he

40
becomes an apostate and his Islam is not reaffirmed for him except by
the [pronunciation of] two testimonies and by declaring innocence
from that which he fell into from the nullifiers and to return from the
door [of Islam] from which he left, [i.e. he must declare innocence of
the act which nullified his Islam]. If he refuses to do so he is killed for
disbelief because of the saying of the Messenger of Allah ‫ﷺ‬, “He who
changes his religion (i.e. apostates), then kill him.” [Narrated by al-
Bukhari]

The answer to the second: Yes. For whoever is ignorant of Tawheed or

does not disbelieve in the taghut, it is impossible that he be saved on
the Day of Resurrection. The reason being that this is related to true
Islam, or in other words [to Iman], but we are referring to the worldly
ruling only [Islam], by which the name [Muslim] is affirmed to him, and
protection [is granted] and the worldly rulings [are applied], because
what is in the hearts and the outcome of happiness and misery in the
Hereafter is something that only Allah Almighty knows.

Narrated Bukhari in his Sahih on the authority of Abu Sa'id Al Khudri:

"Khalid bin Al-Waleed said, "O Allah's Messenger ‫ﷺ‬, shall I chop his
neck off?" The Prophet ‫ ﷺ‬said, "No, for he may offer prayers." Khalid
said, "Numerous are those who offer prayers and say by their tongues
what is not in their hearts." Allah's Messenger ‫ ﷺ‬said, "I have not been
ordered [by Allah] to search the hearts of the people or cut open their
bellies."
Al-Ijmaa al-Barbahari narrated in Sharh al-Sunnah 64/1, he said: “We
do not expel anyone from the people of the qiblah [i.e. a Muslim] from
Islam until he rejects a verse from the Book of Allah, or the statement

41
of the Messenger of Allah ‫ ﷺ‬, or slaughters for other than Allah, or
prays for other than Allah. If he commits any such acts then it is
obligatory for one to expel him from Islam, and if he doesn't do such
acts, then he is a Muslim or a believer by name, not in reality.

▪︎Islam al haqiqi- The true Islam:

It is the judgement Islam which benefits one before Allah [Azza Wa Jal]
and is not achieved except by the fulfilment of the pillars and the
conditions, both outward and inward, thereby actualizing Tawheed by
singling out Allah [Azza Wa Jal] with servitude and disbelieving and
rejecting all forms of taghut, and making takfeer of them and those
who worship them. In addition, [true Islam] is [achieved with] the
fulfilment of the conditions of the testimony 'Laa ilaha illallah
Muhammad al- rasullullah [There is no diety worthy of worship besides
Allah and Muhammad is His Messenger ‫ ﷺ‬and what it necessitates of
wala/loyalty and bara/disavowal, and both outward and inward
compliance for the laws of this religion and the establishment of it's
pillars with the heart, by statement and by actions. Whoever has these
aspects of faith, it will benefit him in both this world and in the
hereafter, as he has actualized the Asl-ad-Din [the foundation of
religion]. Therefore, he will be amongst those who will enter Paradise,
as he came with that which was obligatory upon him, and avoided that
which was forbidden, or he is from the people of intercession whilst he
had shortcomings regarding the Wajibāt [obligatory actions], or fell into
that which was forbidden whilst possessing the first level from the
levels of Iman, which is the level of asl-ad-Din.

42
 Allah [Azza Wa Jal] says: {And whoever desires other than Islām as
religion - never will it be accepted from him, and he, in the Hereafter,
will be among the losers}. [Al-Imran:19]
Also Allah [Azza Wa Jal] says: {Indeed, the religion in the sight of Allah
is Islām. And those who were given the Scripture did not differ except
after knowledge had come to them - out of jealous animosity between
themselves. And whoever disbelieves in the verses of Allah, then
indeed, Allah is swift in [taking] account}. [Al-Imran:19]

23 (37) Abu Malik narrated on the authority of his father who said: "I
heard the Messenger of Allah ‫ ﷺ‬say, "He who professed that there is no
god but Allah and made a denial of everything which the people
worship beside Allah, his property and blood became inviolable, and
their affairs rest with Allah". In another narration he said: "He who held
belief in the unity of Allah", and then narrated what has been stated
above". [Narrated by Muslim]

▪︎Islam al-hukmi; [Islam of judgment]:

It is the apparent Islam or the Islam of affirmation and protection [i.e.

affirms Islam for an individual], by which the rulings [of Islam] in this
world are applied upon a specific individual, as long he did not display
one of the nullifiers of Islam. This ruling of Islam affirms for the
individual of belonging to the religion of Islam by dependency to one of
the parents if they are Muslim, or by the just testimony of individuals
testifying to his [embracing] Islam, or by uttering the two testimonies
with intent, or by displaying one of the definitive rituals of Islam, which
is prayer and Hajj. This particular individual is called a Muslim whose

43
[affairs of the heart regarding his Creed] are hidden, and the rulings of
the Muslims regarding marriage, divorce, inheritance, funerals and
others apply to him.

969- And Suleiman Al-Ash’ath told us, he said: "I heard Ahmed say that
Yahya said, "Sufyan would reject the statement: "I am a believer".
Suleiman said: We were told by Ahmad, who was told by Wakee’, who
said: Sufyan said: “We regard people as believers in judgment and
inheritance. We hope this is the case while we do not know what our
condition is with Allah". [The Sunnah of Abu Bakr Al-Khalal 3/567]

Ibn Battah Al-Akbari 387h said: "This is the path of the believers and the
wise among the scholars, whereby they made exception [of themselves
being mu’min/believers] due to fear and hope, as they do not know
how their condition is with Allah, nor whether their deeds are accepted
or rejected? Allah the Mighty and Sublime said: {"Indeed, Allah only
accepts from the righteous [who fear Him].} [Al-Ma’idah: 27]. [Al-Ibana
by Ibn Battah 2/871]

■■■

44
 Evidence that judgement [upon an individual] is based on the
apparent, and that Allah is in charge of the inner secrets

Allah the most High says: {"The bedouins say, "We have believed."
Say, "You have not [yet] believed; but say [instead], 'We have
submitted,' for faith has not yet entered your hearts"}. [Al-Hujurāt:14]

Al-Shafi’i said 204H in his tafseer (3/1281): Allah [Azza Wa Jal]

informed of a group of Bedouins: {"The bedouins say: "We have
believed." Say, "You have not [yet] believed; but say [instead], 'We
have submitted,' for faith has not yet entered your hearts"}. Know
that Iman did not enter their hearts while they displayed it and their
blood was protected by it. Mujahid,[may Allah have mercy on him] said
regarding Allah’s saying, “We have believed", he said: [they meant] we
believed for fear of being killed and for fear of [falling into] captivity. So
Allah showed His Messenger, a people who display Islam and conceal
otherwise. He did not make him rule upon them except by Islam, and
He did not make him rule upon them in the world contrary to that
which they displayed, as He said to His Prophet ‫ﷺ‬, {The bedouins say:
"We have believed." Say, "You have not [yet] believed"}. The verse
stated; "We have believed", meaning we have embraced Iman by
statement, for fear of being killed or [falling into] captivity, after which
He told them that He would reward them if they obeyed Allah and His
Messenger, meaning: if they renewed [their belief in truthfulness] with
obedience to His Messenger ‫[ﷺ‬End of quote]

45
607 -Likewise, Muhammad ibn Yahya told us on the authority of
Muhammad ibn Yusuf who told us on the authority of Sufyan, on the
authority of Mujahid, regarding His statement: {"We have believed."
Say, "You have not [yet] believed; but say [instead], 'We have
submitted"}. [Al-Hujurāt:14]. He said [it means] we have submitted for
fear of [falling into] captivity and being killed". Abu Abdullah said: "It
has been confirmed with evidence which we have mentioned, that
Allah did not command them to say {"We have believed"} [Al-
hujurat:14], rather, He wants [from them] the Islam which He has
chosen and has approved of which is submission to Allah by obedience,
truthfulness and to be sincere to Him. Likewise, the saying of the
Prophet ‫ ﷺ‬to Sa’d: “Or Muslim?”, he meant the Islam [of the person]
was submission based on fear of the Prophet ‫ ﷺ‬and the Muslims,
which is the Islam of the hypocrites, not the Islam of the believers".
[Ta'theem Qadr as-Salah 2/554 Al-Marwazi 294H]

▪︎ Point of evidence: Allah called the acknowledgment by the tongue,

i.e. [profession of the testimony] Islam. This proves that it is only Islam
by name, being a shield for themselves and their wealth, as is the case
of the apparent Islam of the hypocrites. As for true Islam which is
attached to salvation on the Day of Resurrection, there are additional
matters which a Muslim must present.
2_ Sahih Al Bukhari, Kitab Al Iman, chapter: 'Islam is not based on the
inner [true state of the heart] and was based upon [outward]
submission or fear of being killed, for the saying of Allah the most High:
{"The bedouins say, "We have believed." Say, "You have not [yet]
believed; but say [instead], 'We have submitted"}. If it was based on
the inner [state of the heart] it would be based upon His statement:
{"Indeed, the religion in the sight of Allah is Islām"}.

46
27 Narrated Abu Yamān that Shu'ayb told us on the authority of Az-
Zuhri, he said 'Amir bin Sa'd bin abi Waqās told me on the authority of
Sa'd [may Allah be pleased with him] that Allah's Messenger ‫ﷺ‬
distributed [Zakat] amongst (a group of) people while I was sitting there
but Allah's Messenger ‫ ﷺ‬left a man whom I thought the best of the lot.
I asked, "O Allah's Messenger ‫ﷺ‬, why have you left that person? By
Allah I regard him as a faithful believer." The Prophet ‫ ﷺ‬commented:
"Or merely a Muslim." I remained quiet for a while, but could not help
repeating my question because of what I knew about him. And then
asked Allah's Messenger ‫ﷺ‬, “Why have you left so and so? By Allah! He
is a faithful believer." The Prophet ‫ ﷺ‬again said, "Or merely a Muslim."
And I could not help repeating my question because of what I knew
about him. Then the Prophet ‫ ﷺ‬said, "O Sa'd! I give to a person while
another is dearer to me, for fear that he might be thrown on his face in
the Fire by Allah."

Islam is not based on the inner [true state of the heart] and was based
upon [outward] submission or fear of being killed, due to the statement
of Allah the most High: {"The bedouins say, "We have believed." Say,
"You have not [yet] believed; but say [instead], 'We have submitted"}
[Al-Hujurat:14]. If it was based on the inner [state of the heart] it would
be based upon His saying: {"Indeed, the religion in the sight of Allah is
Islām"}. [Al-Imran:19], and His saying: {"And whoever desires other
than Islām as religion - never will it be accepted from him"}. [Al-
Imān:85] The meaning of this statement is that Islam could be
interpreted in two ways:
The first: It is in reference to the inner Islam, which is the religion of
Islam regarding which Allah said: {"Indeed, the religion in the sight of

47
Allah is Islām"}. And He said: {"And whoever desires other than Islām
as religion - never will it be accepted from him"}.
The second: It is in reference to the outward submission with the
absence of the inner Islam, if embraced for fear, such as the Islam of
the Munafiqeen, and the evidence is the saying of He, the most High:
{"The bedouins say, "We have believed." Say, "You have not [yet]
believed; but say [instead], 'We have submitted,' for faith has not yet
entered your hearts"}. Their submission was out of fear and
concealment [of the real state of their hearts]. [Fat'h al-Bari by Ibn
Rajab al-Hanbali 1/125]

■ Point of evidence: Al-Bukhari’s guidance [may Allah have mercy on

him], that one's blood and wealth is protected even if he enters Islam
to avoid being killed, and even if in reality it wasn't [embraced] in truth.

3_ Umar bin Khattab narrated [may Allah be pleased with him]: "And he
said, "O Muhammad, tell me about Islam?" So the Messenger of Allah
‫ﷺ‬said: "Islam means to bear witness that there is no diety worthy of
worship besides Allah, to pay Zakah, establish the prayer, to fast
Ramadhan, and to perform the Pilgrimage to the House [Ka'ba] if you
have the means."

■ Point of evidence: One of the most clearest evidence [on this matter]
is the famous hadith of Jibril, in which there is definitive text that the
apparent name Islam only addresses outward actions [Laws], such as
the Shahadah and [visible] prayer only. When Jibril [peace be upon him]
asked about Islam, the prophet ‫ ﷺ‬stated that it is the testimony of 'Laa

48
ilaha illallah', thereafter he mentioned the remaining rituals. However,
when he was asked about Iman, he mentioned the actions of the heart.
Here we raise a question: Where does Kufr-bit-Taghut [disbelieving in
tāghut] fall, within Islam or within Iman?
The answer: It's foundation includes Iman. i.e. to believe in the
invalidity of worship of other than Allah. The evidence is that Allah
[Azza Wa Jal] made Kufr-bit-tāghut the opposite of Iman and did not
make it the opposite of Islam in His saying, {"So whoever disbelieves in
ṭāghūt and believes in Allah"}. [Surat Al-Baqarah - 256] So He
mentioned the minimum amount [by which Kufr-bit-taghut is proven]
in His statement the Most High: {"But those who have avoided
tāghūt, lest they worship it, and turned back to Allah - for them are
good tidings. So give good tidings to My servants"}. [Az-Zumr:17]

At-Tabari 310H stated in his tafseer Jāmi' al-Bayān 20/183: "And His
saying, {"But those who have avoided the tāghūt"} [Az-Zumr:17]
meaning; they avoid the worship of everything which is worshiped
besides Allah".

■Point of evidence: The testimony of 'Laa ilaha illallah' incorporates

Kufr-bit-tāghut and this is what the new Haruriyyah [a group of
Kharijites who were attributed to a place named Hurrurā] do not
understand, which is that the Shahada in itself includes Kufr-bit-tāghut,
otherwise the Islam of the disbeliever would not be valid [when he
enters Islam. Whoever does not view that the Shahadah also includes
Kufr-bit-tāghut outwardly, then he has not understood Islam nor the
meaning of the Shahadah, even if he claims [he understands] tawheed.
Here we raise a question for such a people: 'If a disbeliever says 'Laa

49
ilaha illallah', has he disbelieved in the tāghut or not?' O wretched one,
whoever says 'Laa ilaha illallah', then his statement incorporates his
disbelieving and rejection of every deity except Allah and this is Kufr-
bit-tāghut. O non-Arab! What is the matter with you that you do not
understand [i.e. the Arabic texts from which evidence is derived]. But
the matter is as Abu Amr bin Al-Ala said; "You have been given from the
non-Arab".
Ibn Abi Hātim 327H narrated in his tafseer (18380) on the authority of
Zaid bin Aslam who said regarding the statement of the Most High:
{"But those who have avoided the tāghūt"}. These two verses were
revealed concerning three people who used to say 'Laa ilaha illallah' in
Jahiliyyah; Zaid bin Amr bin Nufail, Abu Dhar Al-Ghifari and Salman Al-
Farisi.

■ Point of evidence: Did Salman or Abu Dharr [may Allah be pleased

with them] explicitly and publicly make takfeer of the mushrikeen prior
the message [of prophethood]? Then O heretics, what is your ruling
regarding those who do not openly declare it?? How do you make
open declaration of kufr-bit-tāghut a [separate] requirement while
Islam is not established except with Kufr-bit-tāghut in the first place. On
which poor defective understanding of the texts and statements [of the
righteous scholars] did you rely on and build this new innovation.
Rather, Ibn Nufail who was reported to have said to Quraysh, “By Allah!
None of you have followed the religion of Ibrahim other than me”, has
not been reported to have publicly declared 'you are infidels' to them,
because the rulings related to the Kafir and the worldly rulings which
result from it is from the auditory matters [that which is heard], and are
matters which are not known by reason nor fitrah [natural disposition].
From among these matters [rulings related to the Kafir] is not to seek

50
forgiveness for their deceased, not to marry from them and to testify
regarding the one who died on shirk to be amongst the ones in Fire,
and other known matters.
4_ Allah the most High said: {"And do not send away those who call
upon their Lord morning and afternoon, seeking His face [i.e. favor].
Not upon you is anything of their account and not upon them is
anything of your account. So were you to send them away, you would
[then] be of the wrongdoers"}. [Al-An'am:52]

Al-Shafi’i [may Allah have mercy on him] said in his tafseer (2/813):
"This is in agreement with what we wrote before, from the Book of
Allah and the Sunnah of His Prophet ‫ ﷺ‬which made it clear that ruling
[upon an individual] is based according to what is apparent, and that
Allah [Azza Wa Jal] is in charge of the unseen because he is aware of
what he ‫ ﷺ‬said in the hadith "And their reckoning is with Allah".
Likewise the statement of Allah [Azza Wa Jal] of what we mentioned in
the verse, in which He said: {"Not upon you is anything of their
account"}. In addition, the saying of Umar [may Allah be pleased with
him] to a man of whom he knew of whatever Allah willed: ["Are you a
believer?] He replied: "Yes". He [(Umar] said: [I think you a seeker of
refuge (out of fear)]. He replied: "As for Iman, what stops me?" [i.e.
from taking refuge in Iman]. Umar replied: "Yes" [in agreement]. Also
the Messenger of Allah ‫ ﷺ‬said about a man that he was from the
people of Hell. So one of them [companions] went out with him until
the one who was said to be of the people of Hell became heavy [with
wounds] and the wounds hurt him so much that he killed himself and
the Messenger ‫ ﷺ‬did not forbid [from treating him as a Muslim], even
though he knew of his hypocrisy through revelation, but he knew with

51
knowledge from Allah that there is protection of blood by displaying
Iman". [End of quote]

Al Shaff'i stated in Al-Umm (6/170): "The Messenger of Allah ‫ﷺ‬, made

clear that Allah [Azza Wa Jal] protected the blood of those who show
belief [Islam] after disbelief, and that they must be ruled by the[(same]
rulings as the muslimeen, such as inheritance, intermarriage and other
such rulings. So it is made clear in the judgment of Allah [Azza Wa Jal]
upon the Hypocrites, thereafter the judgment of the Messenger of
Allah ‫ ﷺ‬that none has the right to judge another Muslim contrary to
what he displays of himself. In addition, Allah [Azza Wa Jal] instructed
the servants to judge between themselves by what is apparently
displayed as no one knows the unseen except that which Allah [Azza
Wa Jal] has made known to him. Therefore, it is obligatory upon those
who understand the words of Allah to diminish all doubts in relation to
rulings [upon individuals], so that they don’t rule another based on
conjecture". [End of quote]

5_ Āmir bin Sa'd reported on the authority of his father, who said: "The
Messenger of Allah ‫ ﷺ‬distributed shares (of booty among his
Companions). I said: ‘O Messenger of Allah! Give it to so and so, for
verily he is a believer. Upon this the Messenger of Allah remarked: "Or
a Muslim". I (the narrator) repeated it (the word "believer" ) thrice and
he (the Holy Prophet) turned his back upon me (and substituted the
word) "Muslim," and then observed: "I bestow it (this share) to a man
out of apprehension lest Allah should throw him prostrate into the fire
(of Hell) whereas in fact the other man is dearer to me than he."
[Narrated by Muslim]

52
■ Point of evidence: The Prophet ‫ ﷺ‬differentiated between the two
names because there were those who embraced Islam outwardly while
tawheed did not enter their heart, indicating the Islam of judgment.
[i.e. ruling them with Islam due to what they outwardly displayed].

6_ Anas bin Malik reported the messenger ‫ ﷺ‬as saying, "If anyone
observes our form of prayer, faces our qibla, and eats what we kill, that
one is a Muslim who has protection from Allah and His messenger; so
do not betray Allah’s protection.” [Narrated by Al-Bukhari no.391]

Ibn Zanjaweyyah narrated in Al-Amwal (108) with an authentic chain of

narration, on the authority of al-Hasan who said: "The Messenger of
Allah ‫ ﷺ‬wrote to the people of Yemen: "If anyone observes our form of
prayer, faces our qibla, and eats what we kill, and invokes as we invoke
[Allah], that one is a Muslim who has protection from Allah and His
messenger. And whoever converts to Islam, whether [previously] a Jew
or a Christian, then he has the same rights and obligations as the
Muslims. Whoever refuses then jizya will be levied on him; on every
halim [one who has reached puberty] male or female, freeman or slave,
as much as he can afford or its equivalent in maafir [of what he earns]
every year". [Narrated in a Mursil form]

■ Point of evidence: This hadith is considered one of the fundamentals

of Islam in this chapter, for indeed the Prophet ‫ ﷺ‬defined the Muslim
with a clear shar'i definition that is neither restricted nor specific, and
he made the rulings which are applied in the Shariah [based on the]

53
apparent, so that people would not differ after him regarding a Muslim.
So the name Muslim was attached to the apparent actions only.
7__ It has been narrated in Sahih Al-Bukhari that Hercules asked Abu
Sufyan [may Allah be pleased with him] whilst he was an infidel: "What
does he command you?" I said, he says "Worship Allah alone and do
not make any associates [shirk] with Him, and leave the sayings of your
forefathers. He commands us to pray, to be honest and chaste, and to
uphold ties of kinship".

■ Point of evidence: This is what Abu Sufyan [may Allah be pleased

with him] understood whilst he was still a mushrik. This is what the
Messenger ‫ ﷺ‬commanded them to do at the beginning of his Call.. as it
was reported that he used to invite the people [to Islam] in their
gatherings and their markets, telling them: “Say Laa ilaha illallah and
you will be successful.”

8_6938 'Abdān narrated to us that Abdullah told us, that Ma'mar told
us on the authority of Az-Zuhri that Mahmood bin Rabi' told me, he
said: "I heard 'Itbān bin Mālik say: Once Allah's Messenger ‫ ﷺ‬came to
me in the morning, and a man among us said, "Where is Malik bin Ad-
Dukhshun?" Another man from us replied, "He is a hypocrite who does
not love Allah and His Apostle." The Prophet ‫ﷺ‬said, "Don't you think
that he says: 'None has the right to be worshipped but Allah', only for
Allah's sake?" They replied, "Yes" The Prophet ‫ ﷺ‬said, "Nobody will
meet Allah with that saying on the Day of Resurrection, but Allah will
save him from the Fire."[Narrated by Bukhari]

54
■ Point of evidence: Ibn Rajab al-Hanbali stated (795h): "And in the
words of the Prophet ‫“ ﷺ‬Do not say that", [is evidence] that he
forbade anyone accusing another of hypocrisy because of
circumstantial evidence which would appear from him. The Prophet ‫ﷺ‬
would outwardly apply the rulings of the Muslims upon the hypocrites,
whilst knowing the hypocrisy of some of them. Then how can a Muslim
claim [another of hypocrisy] merely through presumption? Therefore,
whoever accuses another of hypocrisy and mentions his bad deeds, he
must compensate for his backbiting by mentioning his good deeds. This
is why the Prophet ‫ ﷺ‬stated that as long as one says 'There is no deity
worthy of worship and Muhammad is His servant and Messenger',
regardless of whether it was said out of concealment [of what is in his
heart] or hypocrisy, [his Islam is accepted]. [Fat'h al-Bari by Ibn Rajab
3/188]

9_ Allah the most High said: {"When the hypocrites come to you, [O
Muḥammad], they say, "We testify that you are the Messenger of
Allah." And Allah knows that you are His Messenger, and Allah
testifies that the hypocrites are liars"}. [Al-Munafiqun:1]

10_ It has been reported on the authority of ibn Umar [may Allah be
pleased with them] that when Abdullah bin Ubai [the chief of
hypocrites] died, his son came to the Prophet ‫ﷺ‬and said, "O Allah's
Messenger ‫ﷺ‬, please give me your shirt to shroud him, and do offer his
funeral prayer and ask Allah's forgiveness for him." So Allah's
Messenger ‫ ﷺ‬gave his shirt to him and said, "Inform me [when the
funeral is ready] so that I may offer the funeral prayer." So, he informed
him and when the Prophet intended to offer the funeral prayer, `Umar
took hold of his hand and said, "Has Allah not forbidden you to offer

55
the funeral prayer for the hypocrites? The Prophet ‫ﷺ‬said, "I have been
given the choice for Allah says: {"It does not avail) Whether you (O
Muhammad) ask forgiveness for them (hypocrites), or do not ask for
forgiveness for them. Even though you ask for their forgiveness seventy
times, Allah will not forgive them"}. [9.80] So the Prophet ‫ ﷺ‬offered
the funeral prayer and on that the revelation was sent: {"And never (O
Muhammad) pray (funeral prayer) for any of them (i.e. hypocrites)
that dies"}. [9. 84][Narrated by Al-Bukhari]

■ Point of evidence from the aforementioned: The hypocrites did not

present the conditions of Laa ilaha illallah nor its pillars in truth, and
Allah bears witness against what is in their hearts of denial. The
Prophet ‫ ﷺ‬outwardly applied rulings upon them for their Islam and
protection of blood was granted to them. He even prayed upon them
and did not say 'you are ignorant of the meaning of the two
testimonies, and the one ignorant of tawheed is a disbeliever', and
neither did he test them in kufr-bit-taghut.
All this, despite having knowledge through divine revelation about the
condition of a group of them, as narrated by Muslim in his Sahih
(9)2779 on the authority of Amār bin Yāsir that Hudhaifa [may Allah be
pleased with him] who said: "Allah's Messenger ‫ ﷺ‬said "In my Ummah,
there would be twelve hypocrites and they would not be admitted to
Paradise and they would not smell its fragrance, until the camel would
pass through a needle's hole".

Among them are those whom Allah caused His Prophet ‫ ﷺ‬to recognise
through the signs of hypocrisy which they displayed:
▪︎And from [the signs of hypocrisy] is the tone of speech.

56
He the Almighty said: {And if We willed, We could show them to you,
and you would know them by their mark; but you will surely know
them by the tone of [their] speech. And Allah knows your
deeds}.[Muhammad:30]
▪︎ From [the signs of hypocrisy] is their failure to submit for Salah and
charity [Zakah].
The Most High said: {And what prevents their expenditures from being
accepted from them but that they have disbelieved in Allah and in His
Messenger and that they come not to prayer except while they are
lazy and that they do not spend except while they are unwilling"}. [At-
Tawba:54]
▪︎From [the signs of hypocrisy] is their failure to engage in jihad.
He the Almighty said: {Only those would ask permission of you who do
not believe in Allah and the Last Day and whose hearts have doubted,
and they, in their doubt, are hesitating}.
[At-Tawba:45]
▪︎ From it is their sowing sedition and causing discord among the
Muslims.
The Most High said: {They had already desired dissension before and
had upset matters for you. until the truth came and the ordinance
[i.e., victory] of Allah appeared, while they were averse}. [At-
Tawba:48]
▪︎ From [the signs of hypocrisy] is their seeking judgment from the
tāghut, Ka'b bin Al-Ashraf who was assassinated 64 AD 2A.H...
The Most High said: {And when it is said to them, "Come to what Allah
has revealed and to the Messenger," you see the hypocrites turning
away from you in aversion}. [An-Nisa:61]

57
Furthermore, Allah kept a group of them [hidden] whom only Allah
knows of..
The Most High says: {And among those around you of the bedouins are
hypocrites, and [also] from the people of Madīnah. They have
persisted in hypocrisy. You, [O Muḥammad], do not know them, [but]
We know them. We will punish them twice [in this world]; then they
will be returned to a great punishment}. [At-Tawba:101]
Shall we dispute Allah in his knowledge, O Wretched ones who trample
the ground???!!!..
If you claim that Allah retained the knowledge of that and did not
reveal it to His Prophet, and instead informed you about His unseen
[matters] and about the hearts of his servants, then you have
disbelieved. If you say of the first, that the Prophet ‫ ﷺ‬used to make
takfeer of them and prayed over them while he considered them
infidels, then you are heretics.. So choose what will save you from the
torment of a promised day..

1- Abu Abdullah Al-Zubayri Al-Faqih said: "The scholars differed

[regarding the meaning] of Islam and Iman. Some said they are two
names with the same meaning, so a Muslim is a mu'min [believer], and
a mu'min [believer] is a Muslim, while others said Islam is the first level
and Iman is higher than it, and so Islam according to them is profession
by the tongue, and Iman is affirmation with the heart. They base their
argument on the saying of Allah the Mighty and Sublime: {The bedouins
say, "We have believed." Say, "You have not [yet] believed; but say
[instead], 'We have submitted,' for faith has not yet entered your
hearts}.They said this proves that Iman is belief [affirmation] in the
heart, and Islam is to profess with the tongue.

58
Others said Iman is to believe in Allah the most High, His Messengers,
His Books, in divine decree, the good and the bad, the sweet and the
bitter of it, the Resurrection after death, Heaven and Hell which are
two creations [of Allah], and that Islam is the testimony of laa ilaha
illallah Muhammad al- rasulullah, establishing prayer, giving Zakat,
fasting Ramadan, pilgrimage to the House and jihad in the way of Allah
[Azza Wa Jal]. This group reported that a man came to the Prophet ‫ﷺ‬
and asked him what is Islam? He said as we mentioned, and he asked
him, What is Iman? to which he replied as we have mentioned.
They said Islam is that one says [the testimony] either willingly or by
compulsion. If he says it willingly then his heart believes what he
professes with his tongue and then his Iman is complete. But if his heart
does not affirm what he utters with his tongue, then what he professed
has nothing to do with the inner [heart], but his apparent statement [of
testimony] grants him protection of his blood. [Al-Hujja fi bayan Al
Muhijja 1/451 by Qawām-al-Sunnah Al-Asbahāni 535H]

2- Those who said this, based their argument on the statement of Allah
Almighty: {When the hypocrites come to you, [O Muḥammad], they
say, "We testify that you are the Messenger of Allah." And Allah
knows that you are His Messenger, and Allah testifies that the
hypocrites are liars}. When they said with their tongues that which
they did not believe with their hearts, so Allah testified against what
was in their hearts, of denial, then said: {They have taken their oaths
as a cover}. He says, a cover [i.e. prevention] from being killed, that
they shielded and fortified themselves, and so they protected their
blood. He informed that it will save them from being killed. Allah the
Mighty and Sublime, informed about their innermost affairs, and
described that which indicated to their apparent [state], and said: {And

59
when you see them, their forms please you, and if they speak, you
listen to their speech. [They are] as if they were pieces of wood
propped up}. So He described them as having lack of understanding and
a weak mind which has no limit. [Al-Hujja fi bayān al-muhijja 1/452 by
Qiwām al-Sunnah Al-Asbahāni 535H]

3- They said that Iman is complete with the belief [affirmation] of the
heart. So when they professed with their tongues what their hearts did
not believe, it did not benefit them, even if they observe the actions
[deeds] at their due times, and perform the Prayer at the time of its
obligation and pay the Zakat at its due time, and they perform every
ritual at its due time. However, if one affirms the statement
[testimony] with the tongue, and his affirmation with the heart is
complete, and he complements his Iman with actions and observes
their due times and performs them, then indeed his Iman is complete.
If he is deficient in any of it, then his Iman will decrease as much as he
is deficient in that. If he increases performing the obligatory rituals
along with the preferred voluntary actions, his iman increases. So they
described Iman as something that is completed by the performance [of
good deeds], and diminishes by deficiency, and increases by what
results from the good deeds and actions. Allah Almighty said: {But
indeed, I am the Perpetual Forgiver of whoever repents and believes
and does righteousness and then continues in guidance}. [Al-Hujja fi
bayan Al Muhijja 1/453 by Qawām-al-Sunnah Al-Asbahāni 535H]

11_ 18965 Ali bin Abdillah narrated to us that Bishr bin Al-Sariy
narrated to us, that Abdullah bin Ahmad said: and Abu khaythama
narrated to me that Bishr bin Al-Sari narrated to us thatvSufyān
narrated on the authority of Abi Ishāq, on the authority of Hāritha bin

60
Mudarrab, on the authority of Furāt bin Hayyān, that the Messenger of
Allah ‫ ﷺ‬ordered of his killing, and he was a spy of Abu Sufyan and an
ally of a man of the Ansar. He passed a circle of the Ansar and said "I
am a Muslim". A man from the Ansar said, Messenger of Allah, he is
saying that he is a Muslim. The Messenger of Allah ‫ ﷺ‬said; "There are
people among you in whose faith we trust. Furat ibn Hayyan is one of
them". [Narrated by Ahmad in his Musnad and narrated by Abu Dawūd
in his Sunan 2652]

576- Furat bin Hayan Al-Ajli, from [the tribe] Bakr bin Wāel bin Rabi'a
was an emigrant to the Prophet ‫ﷺ‬. Ali said: "Bishr bin Al-Sariy narrated
to us, he said: Sufyan narrated on the authority of Abu Ishaq, on the
authority of Harithah bin Mudareb, on the authority of Furat bin
Hayyan that the Prophet ‫ ﷺ‬said [ordered] of his killing. He was the spy
of Abu Sufyan and an ally, and he said: "There are men among you
whose faith I trust and among them is Furat bin Hayyan". [The Great
History of Al-Bukhari 7/128]

Abu Zara’a said: Zakaria bin Abi Zaida reported on the authority of Abu
Ishaq, on the authority of Haritha bin Mudareb, he said [regarding the
hadith]: "The Prophet ‫ ﷺ‬came to Furat bin Hayyan..”; it is the most
correct [narration]. Also in 'Illal al- hadith by Ibn Abi Hātim 3/436..and
Ibn Hajar mentioned this narration in "Isābah"(8/86) with a sound chain
of narration and said Abu al-Abbas bin Uqdah al-Hafiz said that
Muhammad bin Abdullah bin Utbah narrated, that Musa bin Ziyad
narrated that, Abd al-Rahman bin Suleiman al-Ashhal narrated on the
authority of Zakariyya bin Abi Zaida, on the authority of Abi Ishāq, on
the authority of Hāritha bin Al-Mudareb on the authority of Ali, that the
Prophet ‫ ﷺ‬came to Furāt bin Hayyan".

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■ Point of evidence: Contemplate on what the companion said about
Furat, [may Allah be pleased with him] that he allegedly claimed [Islam]
and despite that the Prophet ‫ ﷺ‬entrusted his [inner] secret to Allah
and made judgment upon him based on the apparent, and did
not search for other than it. Indeed the apparent is for the people [to
know] and the knowledge of the inner [hidden matters] belongs to
Allah [Azza Wa Jal]. However if a dhimmi becomes a spy for the
infidels, then he has broken his covenant [of protection] and so it
becomes permissible to kill him.

■■■

62
The position of the righteous predecessors on the issue of judging by
what is apparent, and their statements concerning that

1-- 2641 Al-Hakam bin Nāfi' narrated, that Shu'ayb told us on the
authority of Az-Zuhri, he said Abdul-Rahman bin 'Awf told me that
Abdullah bin 'Utbah said: "I heard Umar bin Al-Khattāb [may Allah be
pleased with him] say: "People were [sometimes] judged by the
revelation of a Divine Inspiration during the lifetime of Allah's Apostle
but now there is no longer any more [new revelation]. Now we judge
you by the deeds which you present publicly, so we will trust and
favour the one who does good deeds before us, and we will not call him
to account about what he is really doing in secret, for Allah will judge
him for that; but we will not trust or believe the one who presents to us
an evil deed, even if he claims that his intentions were good".

2-- 1 So the judgment of Allah [Azza Wa Jal] concerning the hypocrites

is made clear, and thereafter the judgment of His Messenger ‫ ﷺ‬that
no one has the right to judge another by other than what he displays of
himself. Allah [Azza Wa Jal] has instructed that the servants judge [each
other] by what is apparent because no one knows the hidden matters
[of the heart] except that which Allah has made known to him, [through
divine revelation]. Therefore, it is necessary for the one who has the
understanding [of religion] from Allah to abolish all doubts concerning
the ruling [of another] so that he does not rule upon another by
conjecture, and this is in accordance to the evidence of the Sunnah of
the Messenger of Allah ‫ ﷺ‬in which there is no contradiction. [Kitāb-al-
Umm 6/170 Al-Shafi’i (204H]

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3-- 2 Yahya bin Hassan told us on the authority of Al-Layth bin Sa'ad on
the authority of Ibn Shihab, on the authority of 'Ataa bin Yazid on the
authority of Ubayd Allah bin 'Uday bin Al-Khayyar, on the authority of
Miqdad bin Al-Aswad who told him that he said: "O Messenger of Allah,
you just see [here is a point]: If I encountered a person amongst the
infidels (in the battlefield) and he attacked me and struck me and cut
off one of my hands with the sword. Then he [in order to protect
himself from me] took shelter of a tree and said: "I become Muslim for
Allah's sake". "O Messenger of Allah, can I kill him after he had uttered
this?" The Messenger of Allah ‫ ﷺ‬said: "Do not kill him". I [the narrator]
said: "O Messenger of Allah, he cut off my hand and uttered this after
amputating it; should I then kill him?" The Messenger of Allah ‫ ﷺ‬said,
"Don't kill him, for I you kill him, verily he would be in a position where
you had been before killing him and verily you would be in a position
where he had been before uttering' [kalima]".
Al-Shafi’i [May Allah have mercy on him] said: "So the Messenger of
Allah ‫ ﷺ‬informed us that Allah forbade [to spill] the blood of this
person because he displayed Iman in a state where he feared for his
blood and did not permit it [to be shed], while it was more likely that he
did not submit except as one who is seeking refuge in Islam from being
killed. [Kitāb al-Umm 6/170 - Al-Shafi’i]

4--3- [Al-Shafi’i said] Malik told us on the authority of Ibn Shihab, on the
authority of Ataa bin Yazid Al-Laythi, on the authority of Ubayd Allah
bin Uday bin Al-Khiyar: "Once when the Messenger of Alla ‫ ﷺ‬was
sitting with some people, a man came to him and spoke secretly to him.
Nobody knew what he had said until the Messenger of Allah ‫ﷺ‬
disclosed that he had asked for permission to kill one of the hypocrites.
When he disclosed this, the Messenger of Allah ‫ ﷺ‬said, "Doesn't he

64
testify that there is no god but Allah and that Muhammad is the
Messenger of Allah?" The man replied, "Of course, but he hasn't really
done so". He said, "Doesn't he do the prayer?" and the man replied, "Of
course, but he doesn't really do the prayer". He ‫ ﷺ‬said: "Those are the
ones whom Allah has forbidden me [to kill]. Al Shafi'i said: "The
Messenger of Allah ‫ ﷺ‬informed the one seeking permission to kill the
hypocrite, that if he displayed Islam, then Allah has forbidden his killing.
This is in agreement with the Book of Allah [Azza Wa Jal] and the
Sunnah of the Messenger of Allah ‫ﷺ‬, that Iman is a shield, and [this is]
the worldly ruling for the people, while indeed Allah had [already]
informed of them that they [the Munafiqeen] will be in the lowest level
of Hellfire. [Kitāb al-Umm 6/170 - Al-Shafi’i (204H)]

■ The point of evidence from the words of Imam [Shafi'i]: The rulings
in this world are applied [upon an individual] based on the apparent,
and Allah is in charge of the unseen. This is what is proven by text
[revelation], and the Prophet ‫ ﷺ‬acted accordingly during his lifetime,
and so did his Companions after his death. In addition, the actions of
the predecessors from Ahl al-Sunnah wal-Jama’ah, were all according to
this, and those who have continued after them until the peaceful wind
will come [before the Hour].

5-- Al-Shafi’i, [may Allah have mercy on him] 204H said: “The rulings are
based on the apparent and Allah is in charge of the unseen. Whoever
judges people by what is concealed of them, he has put himself into
that which Allah [Azza Wa Jal] and His Messenger ‫ ﷺ‬have prohibited
because Allah is the one in charge of giving reward and punishment to
the one whose affair [of the heart] is hidden, as no one knows that
except He, the Exalted in His praise. He instructed the servants to

65
accept the apparent from each other, and had it been for anyone to
take based on the inner [affairs], it would have been for the Messenger
of Allah ‫ ﷺ‬and this is what has been described from knowledge. If
someone asks: 'What is the evidence for what you have stated, that
judgement is not made based on the inner affairs?'
It is said to him: 'The Book of Allah, then the Sunnah of the Messenger
of Allah ‫ ﷺ‬, as Allah Blessed and Exalted be He, mentioned the
hypocrites and said to His Prophet ‫ ﷺ‬: {when the hypocrites come to
you, [O Muḥammad], they say, "We testify that you are the
Messenger of Allah}, he recited until: {so they averted [people] from
the way of Allah}. So the Messenger of Allah ‫ ﷺ‬approved of marriages
[to them] and inheritance and would include them in shares [of booty]
if they were present for the division. He would rule upon them the
rulings of the Muslims, while Allah Almighty had indeed informed and
mentioned of their disbelief and informed the Messenger of Allah ‫ﷺ‬
that they took their oaths as a shield from being killed by declaring
oaths of Iman. The Messenger of Allah ‫ ﷺ‬said: "Verily, I am only a
human and the claimants bring to me (their disputes); perhaps some of
them are more eloquent than others. I judge according to what I hear
from them. So, he whom I, by my judgment, (give the undue share) out
of the right of a Muslim, I in fact give him a portion of (Hell) Fire". He
informed them that he judges by the apparent, and that the halal
[lawful] and haram [unlawful] according to Allah is based on the inner
[heart], and that his judgment does not permit, for the one judged [in
favour] anything which Allah [Azza Wa Jal] has forbidden upon him, if
he knows of it to be unlawful. [Kitāb al-Umm 4/120]

6- 1- Al-Shafi’i [may Allah have mercy on him] 204H said: "To briefly
summarize what has been made clear, that the matter is contrary to

66
what has been said; that indeed it has been reported that the
Messenger of Allah ‫ ﷺ‬said: “He who changes his religion (i.e.
apostates), then strike his neck". So do [your] sayings contain any of the
two meanings [of the hadith]? That the one who changed the religion
and persisted in it, his neck is struck as the necks of the people of war
are struck. Or [the other meaning of the hadith] that the word 'changes'
[tabdeel] necessitates killing, even if one repented as is the case for
adultery after being married, and killing a soul unless for a soul, [i.e. in
legal retribution for murder]. Therefore your statement is neither of the
two [mentioned above], so it is said to him 'why did you accept the
repentance of the one who reverted to Christianity, Judaism or another
religion which he displayed? Is it because you are certain that the one
who openly repents, his repentance is valid, or that he might be
displaying it while he remains on kufr, and on the religion of
Christianity, or has moved from it to another religion which he
conceals? Why did you refuse to accept from the one who openly
repented while he was concealing shirk? Do you hold the knowledge
that the repentance of [an individual] is valid or invalid? Therefore, it is
not permissible for anyone to claim this knowledge because no one
holds the knowledge and the true reality of this matter except the
believer himself, and indeed Allah, the Mighty and Sublime, is the One
in charge of the knowledge of the unseen". [Kitāb al-Umm 6/178]

7-- 2- Al-Shafi’i [may Allah have mercy on him] 204H said: "Or have you
seen that if a man said; "The one who conceals kufr, his repentance
would be accepted due to his weakness in concealment of it, and
whoever announced it openly his repentance is not accepted when his
disbelief in Allah is exposed, as the one who publicly reveals [commits]

67
sins, is foremost to turn away the hearts [of others] as one almost
despairs of the validity of his repentance, because we have seen that
whoever publicly reveals [commits] sins, except shirk, is more likely not
to repent". What is the evidence for this [statement]? It is only that this
is from that which only Allah the Mighty and Sublime has knowledge of,
and that the law of Allah Almighty [concerning this matter] in this
world, is to accept the apparent from the people, and that He [Himself]
has taken charge of their secrets. He did not allow any prophet sent,
nor any of his creation to judge [another] except by what is apparent,
and He took charge of the secrets without their involvement, because
He alone has the knowledge of it. This is the argument [presented] for
the one who said such a saying. Allah the Mighty and Sublime informed
about a people of the Bedouins, and He said: {The bedouins say, "We
have believed." Say, "You have not [yet] believed; but say [instead],
'We have submitted,' for faith has not yet entered your hearts}. [Al-
Hujurat: 14]. Know that Iman did not enter their hearts, but that they
had only displayed it and protected their blood by it. Mujahid said
regarding His statement: “we have submitted” that [it means], we
embraced Islam out of fear of being killed and falling into captivity".

8-- Chapter: Muslims and Christians drowned and [one is] not able to
distinguish one from the other.

611 - Ahmed bin Muhammad bin Matar told me, he said: Ahmed bin
Muhammad, Abu Talib Al-Salmani told us that he asked Aba Abdullah
[Ahmed bin Muhammad bin Hanbal] concerning the Muslims and
Christians who drowned: "How can one pray [the funeral prayer] upon
them whilst they do not know [who is the Muslim]?" He replied: "It is

68
vital that Salah is prayed upon them, and to make the intention [for
only the muslimeen] of them".

612 - Yusuf bin Musa informed us that Abu Abdullah said concerning
the drowned: "If one does not know whether the drowned is a Muslim
or a non-Muslim, should he pray upon him?" He replied: "Yes, as he is
seeking for the most correct thing, which is to pray upon him". Then
Abu Abdullah [Imam Ahmad] said: "How good is the dye". [i.e. cover].
613 - Harb informed me, he said Abu Musa, Isa bin Suleiman told us, he
said, Salama Ibn Salih told us, on the authority of Hammad, on the
authority of Ibrahim, regarding a [group] of Muslims and Christians who
all die together, and the Muslims cannot be differentiated from the
Christians. He replied: "He must pray upon them, and the Imam should
make the intention for the Muslims [only], and they are to be buried in
the graveyard of the Muslims".
614 - Ahmed bin Muhammad bin Matar told me, he said, Abu Talib told
us that it was said to Abu Abdullah [Imam Ahmad]: "Muslims and
Christians drowned together, so where should they be buried?" He
replied: "If they are able to separate them then do so, otherwise [bury
them] with the Muslims".
615 - Mansour bin Al-Walid told me, he said, Ali bin Saeed told us, he
heard Abu Abdullah say to a man when he asked him about the one
who is found dead in the land of the enemy, and his head is cut off,
thus not knowing whether he was from the Muslimeen or the enemy?
He said: "Try to determine by the circumcision and clothing". The man
said: "If he still does not know?" He replied: "Do not pray upon him". It
was said: "What if he is found in the land of Islam in the same state [as
mentioned?" He replied: "He must be prayed upon and washed." [Abu

69
Bakr al-Khallal, Al-Ahkam Ahl Millal Wal-Ridda min Al Jami' li Masa'il by
Imam Ahmed, p.217]

9-- 1- Ibn Qutaybah (276H) stated in 'Ta'weel Al Mushkil Al-Quran'

1/262: "Islam; it is entering in submission [As-silm], meaning with
compliance and obedience. Allah [Azza Wa Jal] said: {And do not say to
one who gives you [a greeting of] peace, "You are not a believer"}.
[An-Nisa: 94] Meaning that he has submitted and is obedient to you.
Surrender [Istislām] is the same. It is said: 'So and so surrendered to
your command, he submitted and accepted, meaning he entered with
submission, just as it is said; 'The man has wintered', if he enters in the
winter, and 'and four'; he has entered Spring, and 'the draught'; he has
entered the draught. So from [the meaning] of Islam is to follow and
submit with the tongue without the heart. The [evidence] for this is the
statement of the Most High: {The bedouins say, "We have believed."
Say, "You have not [yet] believed; but say [instead], 'We have
submitted"}.[Al-Hujurat: 14] Meaning, we have saved ourselves from
fear of the sword. Likewise His saying: {While to Him have submitted
[all] those within the heavens and earth, willingly or by compulsion}.
[Al Imran: 83] Meaning; submitted to Him, and the believer and the
disbeliever acknowledged it. Also from Islam is obedience and
submission with the tongue and with the heart, and [the evidence for
this] is His saying in the story of Ibrahim, wherein he said, {"I have
submitted [in Islām] to the Lord of the worlds}. [Al-Baqarah: 131].
10-- 2 - Ibn Qutaybah (276H) said in 'Ta'weel Mushkil Al- Qur’an' 1/263:
"Iman is belief, as Allah [Azza Wa Jal] said; {But you would not believe
us}, [the word mu'min is used here], meaning 'believe in us' {even if we
were truthful."} [Yusuf: 17] And He said: {[They will be told], "That is

70
because, when Allah was called upon alone, you disbelieved; but if
others were associated with Him, you believed}. [Ghafir: 12] Meaning
you “tu’minu” believe. [Here, the Arabic word 'tu'minu' is used]. The
slave is a mu'min [believer] in Allah, meaning; a 'musadiq' [also means a
believer]. Also [from Allah's name] is Mu'min, he is Truthful in what He
promised, or it means that He accepts the Iman [of the servants]. In
addition, it is said in speech; 'I do not consider you truthful in anything
you say', meaning, 'I do not believe you'. So from Iman is: affirmation
with the tongue without the the heart, like the Iman of the hypocrites,
as Allah Azza wa Jal says: {That is because they believed, and then they
disbelieved}. [Al-Munafiqun: 3], meaning they affirmed with their
tongues and disbelieved with their hearts, just as it is also part of Islam
to submit with the tongue without the heart.
And from Iman is; affirmation with the tongue and the heart, as Allah
Almighty says: {Indeed, they who have believed and done righteous
deeds - those are the best of creatures}. [Al-Bayyina:7], just as it is
from Islam to submit with the tongue and the heart. However, also
from Iman is to believe in part and disbelieve in a part, as Allah
Almighty said: {And most of them believe not in Allah except while
they associate others with Him}. [Yusuf: 106], meaning the Arab
polytheists, if you were to ask them who created them, they would say:
'Allah', yet they continue to make partners with Him. Also the People of
the Book would believe in some of the Messengers and books, and
disbelieve in others, as Allah Almighty said: {But never did their faith
benefit them once they saw Our punishment}.[Ghafir: 85], meaning,
[their faith] in some of the messengers and books, as they did not
believe in them all." [End of quote]
11-- Yahya bin Yahya stated in 'Al Atabiyya', on the authority of Ibn Al-
Qasim regarding the outcast who dies [at a young age] prior to having
the knowledge of how to pray, and the People of the Book are [the

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majority] in that land, so they [muslims] pray upon him, and he is
treated as a free Muslim with regards to the payment of blood money
on behalf of his killer, while not taking it is better, unless he fears that
he will perish if he doesn’t take it. If a dead person is found in the
wilderness [desert] and his condition [of religion] is not known, then he
is buried without washing nor prayed upon. Likewise, if found in an
alley way in the city.
Abd al-Malik ibn al-Hassan said, on the authority of Ibn Wahb,
regarding the one who is found in the wilderness, not being able to
distinguish whether he is a Muslim or a Christian; "Then let him draw
his hand over the private parts [of the deceased], from above the
garment. If he finds him to be circumcised, he must wash and pray over
him, and if he found him uncircumcised, he must only be buried". In
addition, Ibn Kinana said regarding a people who were cast ashore by
the sea [after drowning]; "If he knows them to be Muslims, let him bury
them". It has also been stated in the Book of Ibn Sahnoun; "He must
look at the signs and base his opinion upon the evidence he finds, and if
the signs are not evident, then if the majority of those who rode the sea
are Muslims, he must pray over them, and only intend the Muslims
with his supplication. But if the majority of the riders of that sea are
[people of] shirk, then he must not pray over them.
From this group, Ashhab said regarding a man who died, and it is
unknown whether he was a Muslim or a disbeliever; "Then he should
not be washed nor prayed over, unless the signs of Islam are evident
upon him of dye [henna on the beard] or another sort, then [if a sign of
Islam is found upon him], he must pray over him and intend by it [only]
the Muslim. Ibn al-Qasim said, in the case of a dead man found in the
wilderness, and it is not known whether he was a Muslim or a kafir, he
should neither bury him nor pray upon him. Sahnun stated: "This is for
the one found in the wilderness in [a place of] shirk. As for the

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wilderness in [a place of] Muslims, he is to be washed and prayed
over". [Ibn Abi Zaid al-Qayruwani, Al-Nawadir 'Ala Ma Fil al-
Mudawwana Min Ghayr Min Ummahat' 1/610]

12-- So Qatada explained that Islam is the statement [testimony], which

is the asl al-Din [foundation of the religion], and Iman is that which is
performed by the heart, of [true belief] and affirmation of the unseen.
These people did not in reality actualize Iman in their hearts. Rather a
weak form of belief entered their hearts whereby their Islam was
correct, and this is evidenced by [the verse]: {And if you obey Allah and
His Messenger, He will not deprive you from your deeds}. [Al-Hujurat:
14]. They differed regarding the difference between Islam and Iman, as
in reality there is a difference between them. A group of them said:
"Islam is the statement of the two testimonies, and Iman is action
[deeds]. This was narrated on the authority of al-Zuhri and Ibn Abi
Dheeb, and it is a narration on the authority of Ahmad, and is the
madhhab according to Qadhi Abu Ya’la and others among his
companions. This is also similar to the statement of Ibn Zayd in the
interpretation of this verse in which he said; "They did not make their
Iman true by following it up with the performance of good deeds, so
Allah reprimanded them when He said: {You have not [yet] believed;
but say [instead], 'We have submitted}. So he said: "Islam is professing
and Iman is affirmation". [Fath al-Bari by Ibn Rajab al-Hanbali 1/127]

13--From among the beginning Ayahs of Surah Mumtahinah, is the

statement of Allah the Most High: {There has already been for you an
excellent example in Abraham and those with him, when they said to
their people, "Indeed, we are disassociated from you and from
whatever you worship other than Allah. We have denied you, and

73
there has appeared between us and you animosity and hatred
forever}. He said thereafter: {There has certainly been for you in them
an excellent pattern for anyone whose hope is in Allah and the Last
Day. And whoever turns away - then indeed, Allah is the Free of need,
the Praiseworthy}. For the questioner who may ask concerning the
meaning of this verse: {There has already been for you an excellent
example}, regarding each of the two terms [used in the verses, i.e.,
“example”]. Would [the meaning] be same if the first [verse] took place
of the second, and vice versa?
The answer is as stated: that Islam is built upon disavowal of all other
gods and their worshipers, and from the idols and their worshippers.
Do you not see the statement of the one who testifies to tawheed, that
he first denies the [worship of] gods by saying: “There is no god” and
thereafter affirms [worship of Allah], by his saying “except Allah”, the
One [alone] who has the right to be worshipped.
Therefore, the first example is related to innocence and disavowal from
the infidels and their actions {..Indeed, we are disassociated from you
and from whatever you worship}, and [we] regard them as enemies
until they believe. So this example separates the believer from the kafir
so that he [the Muslim] is able to differentiate based on what is evident
from him, and so that he disassociates himself from their friendship and
actualizes hostility. The meaning [of the word 'example' in the second
verse] is: they followed them [i.e. the messengers] in example, so that
they may receive their rewards and they turned towards the afterlife as
the turning of those who are given good news of Paradise, without the
fear of punishment.

■ Point of the evidence: The [above mentioned text] proves that the
words of the testimony includes Kufr-bit- taghut and disavowal from it,

74
just as it includes tawheed by its apparent [meaning], otherwise there
would be no definite boundary between Islam and kufr and there
would be no need for the continuation of the mission of the Prophets
and Messengers in our lives until the Hour. This is because the
knowledge of the [matters of] hearts need to be communicated by the
Knower of the unseen, and since the religion of Islam is the religion that
our Lord has approved of for His servants, He made it's attainment
achievable and it's nullification in this world based on the apparent, and
singled out Himself with the knowledge of the secret [matters of the
heart].
Note: The aforementioned evidence and related statements are
considered to be among the foundations and principles of the religion
upon which rulings are based. Thereafter come this group of heretics
who say as the secularists do, that these [rulings] are not suitable for
this time!! Do the foundation of Islam change with the change of time
and place? Has that which has been sent by divine revelation, which the
Prophet ‫ ﷺ‬and those after him made to be part of Islam, been
suspended and it's rulings no longer have any meaning, O grandchildren
of Dhul-Khuwaisira, the inheritors of the Mu'attilah?

■■■

75
 Certainty is not removed by doubt, and what is established with
certainty is not removed except with certainty

An explanation of the rule:

The Linguistic meaning of Certainty: 'stability', which is taken from the
saying: the water is stable in a vessel, if it gained stability. Meaning
[stable] knowledge in which there is no wavering.
Literal meaning: tranquillity of the heart and the stability of knowledge
in it, or; firm belief.
Linguistic meaning of Doubt: overlap [interference]; this is because two
matters overlap [each other] and [cause] doubt, and one cannot weigh
out which is correct between the two.
Literal meaning: uncertainty between the occurrence of something and
its non-existence.
What is meant by the rule is that if a person has doubt in a matter, and
he had certainty prior to that, then he must not pay attention to the
doubt, rather he returns in judgment to the certainty which preceded
it.
This is a significant principle on which many issues of Sharia are based,
and the evidence for this rule is the statement of the Most High: {And
most of them follow not except assumption. Indeed, assumption
avails not against the truth at all. Indeed, Allah is Knowing of what
they do}. [Yunus:36]
■ Point of evidence: Indeed assumption avails not against the truth at
all. Thus, the truth is not removed by doubt, meaning; certainty is not
removed by the recent doubt. [i.e. by uncertainty followed by certainty]

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It has been reported on the authority of 'Abād bin Tamim, on the
authority of his uncle, he said: "My uncle asked Allah's Messenger ‫ﷺ‬
about a person who imagined to have passed wind during the prayer.
Allah' Apostle replied: "He should not leave his prayers unless he hears
sound or smells something." [Narrated by Bukhari]

■ Point of evidence: The fundamental implementation of jurisprudence

are founded upon this hadith: that one is certain he is in a state of
purity, and he felt something in his stomach and becomes confused.
The meaning of 'confused' is that uncertainty has occurred. This recent
[occurrence of] uncertainty is the confusion, that being; did he pass
wind or not? So this [confusion] does not remove the certainty of being
in the state of purity. This is why the Prophet ‫ ﷺ‬said: "He should not
leave (his prayers)", then he made clear when one must leave, he said:
"..unless he hears a sound or smells something." The meaning of which
is that certainty is not removed except by certainty, and [certainty] is
not removed with doubt.

It has been narrated on the authority of Sa'eed al-Khudri, he said: "The

Messenger of Allah ‫ ﷺ‬said: "When any one of you is in doubt about his
prayer and he does not know how much he has prayed, three or four
(rak'ahs), he should cast aside his doubt and base his prayer on what he
is sure of, then perform two prostrations before giving salutations. If he
has prayed five rak'ahs, they will make his prayer an even number for
him, and if he has prayed exactly four, they will be humiliation for the
devil."[Narrated by Muslim]
■ Point of evidence: Here, new doubt emerged after having certainty.
So, one must base his opinion on certainty, thereafter, it will not harm

77
him [i.e. not considered a sin] whether he was right or wrong as Allah
has not made him responsible for more than that.

Yahya Al-Ghasani said: "When Umar bin Abdul Aziz appointed me [as a
governor] to Mosul, I entered and found it to be a place of theft and
looting, so I wrote to him informing him of the condition of the country
and asked him: "Shall I deal with the people based on speculation and
punish them by accusation? Or deal with them by presented evidence
and that which falls under the Sunnah?" He wrote to me: "Deal with the
people based on evidence [presented] and that which falls under the
Sunnah, because if the truth does not reform them, then Allah will not
reform them". Yahya said: "So I did just that, and did not leave Mosul
until it became one of the most reformed of places and the least of
theft and looting". [Hiliyyah Al Awliyā wa Tabaqāt Al Asfiyā, (5/271) —
Abu Naeem al-Asbahani (T430)]

■ Point of evidence: Part of following the Sunnah and justice, is not to

deal with people based on speculation, and to not punish them in the
name of maintaining security, as is permitted today where lives and
honour of the people are desecrated. Contemplate upon the
understanding of Umar and his adherence in following the
implementation of ruling by certainty with just evidence, either by
admitting, or witnessing [by two just witnesses]. This is from his revival
[of the Sunnah] [may Allah have mercy on him], as he proved that
justice is in the Sunnah and adherence to it.

■ Evidence from the aforementioned concerning this issue: It has been

proven with evidence that certainty is not removed by doubt and

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possibilities, and that rulings are applied based on the apparent, and
that Allah is in charge of the secrets. Note how the Prophet ‫ ﷺ‬ruled
that purity remains and the ablution is not invalidated, and that one
must remain in prayer by what is evident, and cast aside doubt and
possibilities, and must not pay attention to them. Then you [kharijites]
rule the one whose apparent Islam was proven, with kufr and you
expelled him from Islam. Do you think that the Shari’a’s concern for the
validity of the servants prayer is greater than it's concern for the
validity of his Islam? Did you see with certainty that this servant openly
committed the nullifier that you ruled him with disbelief? Evil indeed is
your judgment!

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79
 The condition that a sound understanding [of the Creed] is
required, and that a declaration of innocence [from the tawagheet]
is necessary in order to prove one's Islam

1_Sahih Al-Bukhari, Kitab al-jizya, chapter: "When they said: "We have
changed our religion, and they did not express their acceptance of
Islam properly". Ibn Umar said: "Khalid began to kill, so the Prophet ‫ﷺ‬
said: "I am free from what Khalid has done." And Umar said: "When it is
said: 'matras' [meaning 'I am afraid', in the Persian language], then he is
granted safety. Indeed Allah knows all the languages". And he said:
"Speak, its alright". [i.e. safety is granted].

It has been reported on the authority of Az-Zuhri, on the authority of

Sālim, on the authority of his father, he said: "The Prophet sent Khalid
bin al-Walid to the Bani Hadhima and he summoned them to accept
Islam. When they did not express their acceptance of Islam properly
but began to say, “We have changed our religion, we have changed our
religion”*, but Khalid began to kill them and take prisoners, and he
handed a prisoner to each one of us. But when a day came when Khalid
ordered each of us to kill his prisoner, I said, “I swear by Allah that I will
not kill my prisoner and that not one of my companions will kill his
prisoner till we come to the Prophet.” When we mentioned the matter
to him he raised his hands and said twice, “O Allah! I am free of what
Khalid has done". [*Here the verb saba'a is used] [Narrated by Bukhari]

■ Point of evidence: These were a people who were not even able to
express a word, as Al-Bukhari, [may Allah have mercy on him] stated in

80
his chapter. Despite that, the Prophet ‫ ﷺ‬ruled them with Islam
because they intended it, and he disregarded whether they said it out
of fear of being killed, or whether they understood the meaning of
what they said, or would it save them on the Day of Resurrection or
not, but rather he was satisfied with that which they displayed.

2-- Section number: 7, page number: 74 _2312(68). Abu Bakr bin Abi
Shaiba narrated to us that Yazid bin Hārun narrated to us, on the
authority of Hammād bin Salama, on the authority of Thābit, on the
authority of Anas bin Malik that a person requested Allah's Apostle ‫ﷺ‬
to give him a very large flock and he gave that to him. He came to his
tribe and said: "O people, embrace Islam. By Allah, Muhammad
donates so much as if he did not fear need". Anas said that the person
embraced Islam for the sake of the world but later he became Muslim
until Islam became dearer to him than the world and what it contains".
[Narrated by Muslim]

■ Point of evidence: Ruling upon the one who embraced [Islam], is

based on the apparent even though the purpose of his conversion to
Islam was for worldly gains, just as Anas, [may Allah be pleased with
him] informed, but then he excelled in his Islam.

3-- Sulaiman bin Buraida told on his father’s authority that when Allah's
Messenger ‫ ﷺ‬appointed a commander over an army or a detachment,
he would instruct him to fear Allah with regards to himself, and
consider the welfare of the Muslims who were with him. He then said,
“Go forth in Allah's name in Allah's path and fight those who disbelieve
in Allah. Go forth and do not be unfaithful regarding booty, or

81
treacherous, or mutilate anyone, or kill a child. When you meet your
enemy from the polytheists, summon them to three things, and accept
whichever of them they are willing to agree to, and then refrain from
them. Then summon them to Islam, and if they agree, accept it from
them and refrain from them. [Narrated by Muslim]

■ Point of evidence: This is the command of the Prophet ‫ ﷺ‬to the

commander of his army to accept from the infidels their embracing of
Islam, and to refrain from [harming] them. Did he ask to verify from
each one, whether they declared kufr bit-taghut by saying 'I declare
innocence from the tāghut and I declare all the people of the earth to
be infidels', until they were certain of their Islam and certain that they
were not ignorant in Tawheed??? !!!

■■■

82
 Clarifying the issue through the reports of the predecessors, may
Allah [Azza Wa Jal] have mercy on them

1-- 835 - Al-Abbas bin Ahmad Al-Mustalimi Al-Najjar from Tartous told
us, that they asked Abu Abdullah [Imam Ahmad] about a Christian or a
Jewish man who says: "I bear witness that there is no god but Allah,
and that Muhammad is the Messenger of Allah ‫ ﷺ‬to which he replied:
"He has embraced Islam". We told him: "We have a man in Tartous who
said this and Ibn Shabawayh said concerning him, "I saw that he
embraced Islam", and others said: "No. Not until he says "I declare
innocence from Christianity, and have abandoned my religion". He
replied: "Glory be to Allah! The Prophet ‫ ﷺ‬said to a man, "Say, "I bear
witness that there is no god but Allah, and that I am the Messenger of
Allah", and he embraced [Islam] with that". Then he [Abu Abdullah]
said, "Anyone who goes to Abu Hanifa and takes his opinion [for which
there is no evidence], has a corrupt heart". [Al Ahkam Ahl Milal Wal-
Ridda lil khilal 1/294]

2-- 836 Abdullah bin Muhammad told me, he said, Bakr bin
Muhammad narrated to us, on the authority of his father, who said Abu
Abdullah said: "The companions of Abu Hanifa say 'that [one must
declare] innocence from his religion, otherwise he is not a Muslim".
Abu Abdullah [Imam Ahmad] said, "If he says I bear witness that there
is no god but Allah, and that Muhammad is the Messenger of Allah, and
[does so] intending Islam by it, then he is a Muslim, but if he says, I bear
witness that there is no god but Allah, and that Muhammad is the
Messenger of Allah while he doesn't intend Islam, I would not compel
him [to convert]". [Al Ahkam Ahl Milal Wal-Ridda lil khilal 1/295]

83
3-- 841 - Abu Bakr Al-Marwadhi told us, he said: "I entered upon Abu
Abdullah [Imam Ahmad] and he had Jew with him who had converted
to Islam at his hands, so I said to him: "What did you say, Abdullah?" He
replied: "I said that you testify that there is no god but Allah, and that
Muhammad is the Messenger of Allah ‫ ﷺ‬and you believe in the
Resurrection, and in heaven and hell." Then Abu Abdullah said: "Those
are the companions of Abu Hanifa who say one is not a Muslim until he
[makes an additional declaration] that I have left [the religion of]
Judaism, then enters Islam." Abu Abdullah also said, "The Prophet ‫ﷺ‬
said to his uncle, “I call you to a statement by which I shall be a witness
(i.e. argue) on behalf of you before Allah: “There is no god but Allah,
and I am the Messenger of Allah”. He cited hadiths which did not
contain [the condition of further declaring innocence], meaning as the
companions of Abu Hanifa , and presented to them [the hadiths in
evidence.] [Al-Ahkam Ahl Milal Wal-Ridda 1/297]

4-- Chapter of the one who says to the dhimmi: "Embrace [Islam] and
for you is such and such.."
10- Ahmed bin Matar and Zakaria bin Yahya told us that Abu Talib
narrated to them, he said: "Abu Abdullah [Imam Ahmad] was asked
about a man who tells a Jewish man to embrace Islam and I will give
you a thousand dirhams, and so he embraced Islam, but he in return
does not give him anything?" He replied: "Indeed the Prophet ‫ ﷺ‬used
to incline the [hearts] of the people to embrace Islam [through
goodness], and I would not like except that he fulfils [what he
promised]". I said: "And if the Jew says I do not accept Islam until you
give me a thousand, as you stipulated?" He replied: "If he reverts from
Islam, his neck is struck, and [as for the other] he must fulfil." [Al-
Ahkam Ahl Milal Wal-Ridda 1/10 Lil Khilal 311H]

84
5-- 98- Muhammad bin Abi Harun and Muhammad bin Ja'far told me
that Abu Al-Harith narrated to them that Abu Abdullah was asked about
a people who gave them a boy whom they raised. When he reached
adolescence, he said I am a Christian? He replied: "It would not be
accepted from him. He is to be forced to convert to Islam by beating
and severe treatment." [Al-Ahkam Ahl Milal Wal-Ridda 1/42 Lil Khilal
311H]

6-- 101- Muhammad bin Harun and ibn Ja`far told me that Abu al-Harith
narrated to them: "It was said to Abu Abdullah that a young boy
embraced Islam, and he testified that there is no god but Allah, and
that Muhammad the messenger of Allah, and he prayed and is young
but had not yet reached adolescence, then he reverted from Islam. Is
his Islam valid, while he is young?" He replied: "Yes, if he attains seven
years of age and embraces Islam then he is forced to remain upon
Islam, because the messenger of Allah said ‫ﷺ‬: “Order them to perform
the prayer when they are seven [years of age]". So the ruling of prayer
became obligatory when he commanded to teach him to pray at [the
age of] seven. Thereafter, if he reverts from Islam, one must wait for
him until he reaches adulthood, and if he persists on his reversal from
Islam, then his ruling is the same as the ruling of an apostate, either he
embraces Islam, otherwise he is to be killed". [Al-Ahkam Ahl Millal Wal-
Ridda 1/43 lil-khilal 311H]

7-- 839 - We were told by Muhammad bin Ali, he said Mahna told us: "I
asked [Imam] Ahmad about a dhimmi man who is a Jew, a Christian, or
of another religion, who says I am a Muslim, and that Muhammad is a
Prophet? He replied: "He is a Muslim." Then he said: "As for me, I
would have compelled him to [show the rituals of] Islam". And he said:

85
"I am astonished by Abu Hanifa, I was told regarding him that he says,
one would not be considered a Muslim until he [makes an additional
declaration] and says I am innocent of the disbelief that I was in
otherwise he is not a Muslim, and he is not to be forced to [accept]
Islam until he says I disassociate myself from kufr.” (Al-Ahkam Ahl
Millal Wal-Ridda 1/296 lil-khilal 311H)

■ Point of evidence from the aforementioned: It is proven with

evidence and with the understanding of the predecessors, that the
Islam of the kafir asli [original disbeliever] is proven by the mere
profession of the two testimonies with the intention of entering Islam,
understanding the language of discourse [issue]. Imam Ahmad rejected
the condition stipulated by the people of opinion [followers of Imam
Abu Hanifa], of one having to [make an additional] declaration of
innocence [from the tawagheet] for the acceptance of their Islam, and
[Imam Ahmad] stated that one must follow the ruling by what is
outwardly apparent.
8- Abu Ishaq Fazari stated in Sir (117): "I asked Al-Awza’i about the
Roman captives and the Saqlabah [slaves of Andalusia] falling into
captivity, young or old. He said: "If one captures a young captive from
the Romans, let him not sell him to the ahl-dhimma. Whoever captures
of their slaves who has reached adolescence and you know that had
you commanded him to embrace Islam he would do so, then command
him to embrace Islam and do not sell him to them.
However, if someone captures from their slaves who has reached
adolescence, who would not embrace Islam if you were to command
him, then it is not necessary for you to invite him to Islam, so sell from
them if you wish. Whoever captures from the Saqlaba, or the Habashi
[Abyssnian], Turks, people of other religions, or others who posses no

86
religion or do not express it [due to youth], then his religion is [the
same as yours] due to his subordination [i.e. dependency] to you, as
you called him to it and he answered your call, then he is a Muslim, and
if you own them, do not sell them. Whoever captures from the adults,
then invite him to Islam and teach him. If he refuses, then sell from
them if you wish, and their conversion to Islam is the saying of laa ilaha
illallah." I said: "If he professed it with his tongue, but did not have
the knowledge of it in his heart?" He replied: "If he uttered it then he is
a Muslim, thereafter teach him."

■ Point of evidence: Where do the heretics, along with their poor

understanding stand with regards to the saying of Al-Awza’i, [may Allah
have mercy on him], and his affirming Islam for the non-Arabs from the
Saqlabah and the Turks based on the apparent, who uttered the two
testimonies while their hearts were not aware of the meaning. Where
do they stand with regards to his saying, "then teach him". Is Al-Awza’i
ignorant of Tawheed O Ruwaibidah, O followers of whims and desires ?

9-- (7119) Chapter: The Islam of the one intoxicated is valid while he is
under the influence of intoxicants; whether he is a kafir asli [original
disbeliever] or an apostate, because if his apostasy is valid while it is an
absolute harm and a false statement, then his Islam is valid, which is a
statement of truth and is of pure benefit, which is of more significance.
If he reverts from Islam, and says I did not understand what I said, then
one does not pay attention to his statement and he is to be forced to
convert to Islam, therefore, either he converts to Islam, otherwise he is
to be killed. However, according to [the scholars] who hold the opinion
that his apostasy is invalid [under the influence of intoxicants], then his

87
Islam is also invalid, like a child of no mind. [Al-Mughni 9/26 ibn
Qudama 620H]

■ Point of evidence: With regards to the Islam of the one intoxicated

[being valid], it is the strongest of opinion according to Imam Ahmad,
and it is also the opinion held by the madhab of Imam Shaf'i, which is
contrary to the saying of Abu Hanifa, as Ibn Qudamah transmitted in Al-
Mughni 9/25:(7118) regarding the mas'alah, he said: "And whoever
apostates while intoxicated, shall not be killed until he regains
consciousness [becomes sober] and shall be given three days from the
time of his apostasy. If he dies while under the influence of intoxicants,
he dies an infidel". The narration differs from [Imam] Ahmad, regarding
the apostasy of the one intoxicated; as it is narrated from him that it is
valid. Abu Al-Khattab said: "It is the strongest of the two narrations
from him, and is the Shafi’i school of thought, [though it is not
authenticated from him], and it is the view of Abu Hanifa.

■■■

88
 A complete presentation [of Islam] is recommended and not
obligatory, so how have you made it to be from the foundations [of
Islam], O evil ones who have trampled the earth!

1-- 842- Ahmed bin Muhammad bin Hazem Al Tayalisi, [a fighter] told
us, they said: Ishaq bin Mansur told us, he said: "I said to Ishaq bin
Rahwayh that a man from ahl-dhimma came and said "Present to me
Islam." He replied: "The Sunnah regarding [this matter] is to present to
him that he must say, ‘I bear witness that there is no god but Allah, and
I bear witness that Muhammad is the Messenger of Allah’, and I affirm
that which has come from Allah, and I declare innocence from all
religions, except the religion of Islam'." So this is the complete
presentation which the scholars have unanimously agreed to accept
and they consider it to be the procedure to enter Islam, and the
method of disassociation from Shirk. However, it is sufficient for the
one who presented Islam to the mushrik, to only ask him to pronounce
the testimony that "There is no deity worthy of worship except Allah
and Muhammad is the Messenger of Allah". This is the way of entering
into Islam, as it was the way of entering Islam when the Prophet ‫ﷺ‬
said to Madaris, [the Jew who entered upon him], and he presented
Islam to the Jew] and said as we mentioned. [i.e. he only presented the
two testimonies, and when it was said that the Jew died, the Prophet
‫ ﷺ‬said: "Pray upon your companion". Indeed we only took the
recommended precaution, that the one who presents Islam to a
dhimmi should present with the four qualities, [i.e. In addition to the
two testimonies, the added acknowledgment of Islam, and an
additional declaration of innocence from the previous religion], so that
we would be free from falling into the disagreement of the scholars.

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Also, Abu Abdullah said [in citing evidence], that the Prophet ‫ ﷺ‬said to
his uncle Abu Talib, “I call you to the statement, that you testify 'there
is no diety worthy of worship but Allah, that I am the Messenger of
Allah'. Furthermore, the Prophet, ‫ ﷺ‬said to the Jewish servant: “O Boy,
say, 'there is no god but Allah and I am the Messenger of Allah'. With
that, Abu Abdullah refuted the statement of Abu Hanifa. [Al-Ahkam Ahl
Millal wal-Ridda 1/298]

2-- The scholars have unanimously agreed that if an infidel bears

witness that there is no god but Allah and that Muhammad is his
servant and that everything which Muhammad brought is true, and he
disassociates himself from every religion contrary to the religion of
Islam, and he is an adult of sound mind, then he has become a Muslim.
If he reverts thereafter, and displays kufr, then he is an apostate and
must be killed if he does not repent. So they differed concerning the
one who testifies [by the two testimonies only], that 'there is no god
but Allah and that Muhammad is the Messenger of Allah'. [Imam]
Ahmad bin Hanbal stated that he is to be forced to embrace Islam, and
he refuted the one who said he is not to be compelled. Likewise, Al-
Shafi’i stated: "Even if the one who professes [the shahadah] is one
from amongst the idolaters or from those who have no religion and
claims that there is neither a religion of prophecy nor a book". The
people of opinion [companions of Abu Hanifa] said: "If he was from the
Jews or Christians and then says 'I bear witness that there is no god but
Allah, and that Muhammad is the Messenger of Allah', he is still not
considered a Muslim by that, until he prays with the Muslims in
congregation or gives the Adhan". Al-Shafi’i stated: "Whoever from
among the Jews or Christians say, 'I bear witness that there is no god
but Allah and that Muhammad is the Messenger of Allah ‫ ﷺ‬but he says,
he (the Prophet) was not sent to us, [i.e. only to the Arabs], then his

90
affirmation of faith is incomplete, until he says that 'Muhammad's
religion is true, or that it is obligatory [to follow it], and I renounce all
that which is contrary to the religion of Muhammad ‫ ﷺ‬or the religion of
Islam'. And if he reverts [from Islam] time after time, he may repent as
there is no limit for that. [Al-Iqna' ibn Munthir2/588]

■Point of evidence from the aforementioned: From the sound

understanding of the predecessors and the accuracy of their
statements, which may be too difficult upon the recent heretics [to
understand], who are a people of whims and desires, it is clearly
understood that the Imams, [may Allah [Azza Wa Jal] have mercy on
them] differentiated between presenting a complete presentation [of
Islam] which is mustahab [recommended action], and between
accepting the apparent Islam [by which the] ruling of Islam is made for
the one who presented it, which is contrary to the people of opinion
[i.e., companions of Abu Hanifa], who have nothing to do with following
the reported statements [of the predecessors] and obedience to the
guidance which was revealed to the best of Allahs creation, may the
blessings and peace of my Lord, be upon him.

A necessary clarification:
Know may Allah guide us all to the straight path and keep us firm upon
it until we meet Him; that among the matters which the heretics use to
confuse the ignorant and the laymen with, are the statements and
narrations in which there is a demand from the apostate to renounce
what he had fallen into, so that his Islam would be accepted. Then they
generalize these statements upon all the original infidels and
mushrikeen and the ignorant, rather even upon the Muslims, and this

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barbaric belief is the cause of all the confusion. However, the correct
[belief] is that the apostates are of two types:

The first type: People who changed their religion completely, like a
Muslim who converted to Christianity or Judaism, or a Christian or Jew
who embraced Islam and thereafter reverted back to his religion and so
on. These must repent as they had only testified and nothing additional
is required of them, except on the basis of perfection and completion,
as Isaac clarified, and we have transmitted his statements [to review].
[Refer to the rulings of the people of dhimmis by al-Khallal, and al-
Awsat by Ibn al-Mundhir (13:463.462).]
The second type: Whoever was a Muslim and apostates by committing
a nullifier, like the one who abandoned the Salah, or elected a legislator
other than Allah, or changed Allahs revealed law, or believed
Musaylmah [the liar], or became a raafidh or a Jahmiy, and the likes of
these nullifiers, then this has a different ruling. He is asked to repent
from the door he exited from, [i.e. he must acknowledge and repent
from the act which nullified his Islam], as will be explained below:

Sa'id bin Mansour narrated in his Sunan (2587), and Abd al-Razzaq in
his Musanaf (18696), and Ibn Abi Shaybah (32737), and al-Khallal in his
Jamiah (1212), and Ibn al-Mundhir in al-Awsat (9643) on the authority
of Al-Thawri, on the authority of Dawud, on the authority of al-Sha'bi
on the authority of Anas, may Allah be pleased with him, who said:
"Abu Musa sent me to [convey the news of] the conquest of Tastar to
Umar [may Allah be pleased with him], and Umar asked me, as there
were six people from Bani Bakr bin Wael who had apostated from Islam
and joined the mushrikeen.

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He asked; “What did the group of Bakr bin Wael do?” He said, so I took
to another topic to distract him from them. He repeated; "What did the
group of Bakr bin Wael do? I replied: "O Commander of the Faithful,
they are a people who have apostated from Islam and joined the
polytheists, there is no course of action except to kill them." Umar said:
“That I take them in peace [that they surrender] is more dearer to me
than the yellow [gold] or white [silver] upon which the sun rises.” He
said: "I asked, O Commander of the Faithful, what would you have done
with them if you had taken them?" He replied: "I would have offered to
them to enter through the door [of Islam] which they exited from." [Its
chain of transmission is good, and Ahmad cited it in evidence, and Al-
Bayhaqi said it to be correct, and ibn Kathir and ibn Taymiyya in Sarim.]

Al-Zuhri narrated on the authority of Ubaidullah bin Abdullah, he said:

"In Kufa, we took men who believed in Musaylimah, so we wrote to
Uthman [may Allah be pleased with him] regarding them, so Uthman
wrote: “I offer them the religion of truth and the testimony that there is
no god but Allah and that Muhammad is the Messenger of Allah. So
whoever accepts this and disassociates himself from the religion of
Musaylma, then do not kill him, and whoever adheres to the religion of
Musaylma, kill him.” Then some of them accepted it while others
adhered to the religion of Musaylma and were consequently killed.
[Sahih, narrated by Abd al-Razzaq in his Musanaf (18707), Ibn Wahb in
his Jami (470), al-Khalal (1213) and Al-Tahawi in his Sharh Ma'ani Al-
āthār 5106].

■ Point of evidence: Notice how they stipulated the declaration of

innocence from kufr in the latter, while they did not stipulate it in the
former concerning the disbelievers in general, except under special

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circumstances as narrated from the predecessors, or as a
recommended act. This is one of the differences in rulings between the
original kafir and the apostate. The apostate who believed in Musaylma
no doubt had to enter through the door he exited from, which is the
disavowal of Musaylma. Therefore, whoever argues using such
narrations without the [correct] understanding, in making takfir of a
mastoor al hāl individual (i.e. one who outwardly displays signs of
Islam), then he has gone astray and misguided, and has confused the
differences and slandered the truth.

■■■

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 Clarification of the statements of Imam Ahmad [may Allah have
mercy on him] and others, regarding the issue of praying behind the
one whose [creed] is known

Al-Marwadhi stated in 'Tabaqat al Hanbali' (1/58): "[Imam] Ahmad was

asked; "I pass by a pathway and hear the Iqamah. Are you of the
opinion that I must pray?" He replied, "It used to be easier, but since
innovations have increased, do not pray except behind the one [whose
creed] you are aware of". [End if quote]
Sufyan Al-Thawri said to Shuaib bin Harb - in 'Sharh Usul Al-I'tiqad'
(1/170): “Do not pray except behind someone you trust, and you know
that he is from Ahl al-Sunnah wal-Jama’ah.”

Clarification regarding the issue:

Al-Mardawi stated in 'Al-Insaaf': "Secondly, the prayer is valid behind an
Imam whose [creed] is unknown, according to the correct view [of the
madhab of Imam Ahmad], though it is not authenticated from him. It
has [also] been narrated from him not to pray behind someone except
[whose creed] is known. Abu Bakr said that this is mustahab
[recommended].

Additional clarification:
Al-Marwadi's statement regarding this matter, using two
[contradicting] narrations is a mistake, as is the custom of the later
[scholars], but [the matter] is as Ghulam Al-Khallal said, that this is
mustahab [recommended].

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2-- Al-Shafi’i [may Allah have mercy on him] said: "If a disbeliever was
an Imam who led the prayer for a Muslim people and they were not
aware of his disbelief, or [even if] they were aware, their prayer would
be invalid, and [the Imams] prayer was not a sign of his Islam [in this
case] if he did not speak of his Islam prior the prayer, [i.e. If he did not
pronounce the two testimonies prior the Salah], and the disbeliever will
be consequently punished. Those who prayed behind him have
wronged if they knew of him to be a disbeliever. Also, if a stranger leads
a people in prayer, and they later doubt with regards to their prayer
[being valid or not], not knowing whether he is a disbeliever or a
Muslim, then it is not upon them to repeat the prayer until they are
certain of his disbelief. This [ruling is based on the apparent], and what
is apparent is that his prayer is the prayer of the Muslims, which is not
performed except by a Muslim, and [is not based on] who advanced to
the Imamate [leading the prayer] and knew of his disbelief. [i.e. one
would not consider the Imam to be a disbeliever, as Salah is only
prayed by Muslims], just as a Muslim is not known to be impure, as the
disbeliever cannot be an Imam in any situation, while the believer can
be an Imam in any given situation, with the exception that he must not
pray except in a state of purity. [Kitab al-Umm 1/195 al-Shafi’i 204H]

Additional clarification: Al-Muzni disagreed with Al-Shafi’i, he said:

"There is no repetition [of Salah] for the one who prayed behind a
disbeliever not knowing he was a disbeliever, but the majority are of
[the opinion] on the repetition [of the Salah].

3--It is not to be [understood from this] that the prayer behind the one
who is mastoor al hāl [who has or wears signs of Islam] is invalid, or
that it is not permissible. Rather, what is understood from the

96
statements [of the scholars] is that it is foremost and preferable to pray
behind one who is known to be from the Ahl-Sunnah. This matter is not
disputed by anyone. The early predecessors [tābi'in] and those who
followed them in goodness from among the Imams of the predecessors
proceeded upon this, and established this, in word and deed. From [the
evidence regarding] this is:

Al-Hakam bin Attia said: “I asked Al-Hasan, "A man from the Kharijites
leads us [in prayer], should I pray behind him?" He replied: "Yes. Indeed
people were led by those worse than them”. [End of quote] [Usul al-
Sunnah by Ibn Abi Zaminin 211]
It has been narrated from Al-A'mash [may Allah have mercy on him]
that he said: "The greatest of the companions of Abdullah, meaning Ibn
Masoud, would pray the Friday prayer with Al-Mukhtar and they would
consider it valid". [Narrated by Ibn Abi Shaybah in (Al-Musannaf)(1/475)
(No.5497), and Ibn Abi Zameen in (Usul Al-Sunnah)(p: 284) No.210]
Abu Wael used to pray the Friday prayer with Al-Mukhtar bin Abi
'Ubaid. [Narrated by Ibn Abi Shaybah in (Al-Musannaf) (1/475) with No.
(5497), and Abdul Razzaq in (Al-Musannaf) (2/386) with No. 3798]

Ibn Waddāh said: "I asked Yusuf bin 'Adi about the explanation of the
hadith of the Prophet ‫ ﷺ‬: “Pray behind every righteous and immoral
one". He said [it refers to] "Friday in particular". I said: "Even if the
Imam is a person of innovation?". He replied: "Yes, even if he is a
person of innovation, because Friday prayer must be prayed in one
place and is not found in another." [Narrated by Ibn Abi Zamanin in
Usul al- sunnah p: 284 No. 212].

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Sufyan Al-Thawri [may Allah have mercy on him] said in his will to
Shu'aib bin Harb: "O Shu'aib, what you wrote will not benefit you, until
you see [agree to] prayer behind every righteous and immoral person".
Shu'aib said to Sufyan: "O Abu Abdullah, all the prayers?" He replied:
"No. Only the Friday prayer and the two Eid [prayers]. Pray them
behind any [Muslim] you find, and as for the rest of [the Salahs], you
have a choice. Do not pray [them], except behind the one you trust and
you know him to be from Ahl al-Sunnah wal-Jama’ah". [Narrated by al-
Lalaki in Usool al-Aqidah Ahl al-Sunnah wal-Jama’ah 1/154]

It has been proven on the authority of Muadh bin Muadh that he said:
"I prayed behind a man from Banu Sa'd, then later I was informed that
he is a Qadari [denies destiny], so I repeated the prayer after forty or
thirty years". [The Sunnah of Abdullah bin Ahmed (2/386)]
Imam al-Barbahari said: "The five daily prayers are permissible behind
any [Muslim] who prays, except [behind] the one who is a Jahmiy, for
then it is invalid, and if you prayed behind him then repeat your
prayer". Al-Barbahari also said: "If your Imam on Friday is a Jahmiy and
he is a sultan, [i.e. person of power], then pray behind him and repeat
your prayer afterwards". [Sharh al-Sunnah: p. 49]

■ Point of evidence from the aforementioned: It is permissible to pray

behind a mastoor al hāl muslim [one who has or wears signs of Islam]
by dependency upon the origin [i.e. Islam], and that investigating his
[creed] to be in accordance with Ahl- sunnah is recommended and not
an obligation. Otherwise, it would be necessary to penalize all those
who prayed at the time when innovations were widespread and did not
investigate the Imam’s [agreement in] Sunnah and his creed. The Shar'i

98
principle adopted here, is that everyone whose prayer is valid for
himself, it is permissible to follow him in prayer.

4-- (1125) Chapter: If a person's condition [of creed] is not known, and
nothing appears from him which prevents one from praying behind
him, then the Salah of the ones who follow behind in prayer is valid,
and this is what [Imam] Ahmad stipulated. This is because the origin of
a Muslim is of honesty, and so [based upon this], if one prays behind
someone whose Islam he doubts, his prayer is valid because what is
apparent is that only a Muslim can advance to be an Imam. [Al-Mughni
2/140 Ibn Qudamah 620H 5]

5-- If one prays behind someone whose Islam he doubts, or he is a

hermaphrodite, then his prayer is valid as long as he [i.e. the Imam] did
not display disbelief, or his being a hermaphrodite was not apparent.
This is because what is apparent from the worshippers is Islam,
especially if he is an Imam, and due to the obvious safety [from him
being dishonest] and being a hermaphrodite, [i.e. the origin of a Muslim
is of honesty, so based upon this, one would not think a hermaphrodite
would lead the prayer as it invalidates the prayer of the rest], especially
the one who leads men in prayer. However, if it becomes clear after the
prayer that he was a disbeliever, or a hermaphrodite, then he must
repeat [the Salah] based upon what we have explained. [Al-Mughni
2/147 by Ibn Qudamah]

6-- If one prays behind a stranger, and does not know whether he is a
Muslim or a disbeliever, he is not required to repeat [the prayer]

99
because the apparent matter of the one who prays is that he is a
Muslim. [Al-Umrani, Al-Bayan fi Madhhab Al-Imam Al-Shafi’i, 2/395]

7-- Ibn Taymiyyah said: "It is permissible to pray behind every Muslim
mastoor al hāl [i.e. one who has or wears signs of Islam], according to
the consensus of the four Imams and all other Imams of the Muslims.
Whoever says, "I do not pray the Friday or congregational prayers
except behind someone whose inner belief I know", then he is an
innovator who is in opposition to the Companions, those who followed
them in goodness, and the four Imams of the Muslims, and others. And
Allah knows best". [Majmoo’ al-Fatawa - 4/542]

8-- He also said (3/282): "It is permissible to pray behind the one whose
condition [of creed] is mastoor, according to the consensus of the
Muslim scholars. Whoever says that prayer is forbidden or invalid
behind the one whose condition is not known, then he has violated the
consensus of Ahl al- Sunnah wal Jama’ah.." [End of quote]

■■■

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 Ruling upon an individual is made in three ways, namely: text
[Quran and sunnah] distinct indication [signs and rituals], or
dependency

■ Section: Ruling upon a [specific] individual through text.

■Evidence from the Qurān and Sunnah:

1- The Messenger of Allah ‫ ﷺ‬said: “I have been commanded to fight

the people until they say,’La ilaha illallah’. If they say: La ilaha illallah,
then their blood and wealth are protected from me, except for a right
that is due from it, and their reckoning will be with Allah.” And in
another narration he said, "..Until they testify that there is none worthy
of worship except Allah and that Muhammad is the Messenger of Allah,
and until they establish the Salah and pay the Zakah". [Hadith agreed
upon]

■ Point of evidence: Notice the phrase ["until they say"] and ["if they
say"] and in some narrations, ["and if they say it"]. Thus, he attached
[the apparent] Islam with the testimony only, by pronouncing and
acknowledging with the tongue, as in the verse of the Bedouins, which
attached the apparent Islam with the profession of the testimony;
{"The Bedouins say"}. Then he mentioned Salah in the hadith, which is
the most visible ritual of Islam, and so the Prophet ‫ ﷺ‬dealt with them
with the apparent Islam according to this world, which proves that
professing Islam with the tongue and what is apparent [from an

101
individuals Islam] consequently brings rulings and has effects, unlike
what the khawarijis claim, that it is meaningless unless one declares
[innocence] from specific matters!!
It is not to be said that this [hadith] is in Arabic and is only for those
who understand the meaning of the testimony in their language,
because the Prophet ‫ ﷺ‬said of this ruling with regards to all people, as
the hadith says: [“I have been commanded to fight the people”] and
[“the people"] is a general term which includes all nations of the human
race, non-Arab and the Arabs alike, because his Message is general, as
it is well known. This hadith has clear connotations, that whoever utters
the Shahadah, the apparent will be accepted from him, regardless of his
nationality, place and position, until something contrary appears from
him, which must be clear and certain. Al-Awza’i’s explanation of this
matter has passed us, as Al-Fazari quoted from him.

Ibn Rajab stated 795H in 'Sharh al-Arba'in' p. 228: "And from that which
must be known by necessity is that the Prophet ‫ ﷺ‬would only require
the two testimonies from the one who came to him wanting to enter
Islam, and so he would protect his blood with that and consider him a
Muslim". He stated [further]: "With this we have established, as it
appears from what has been gathered [in evidence] from the
statements of the hadiths in this chapter, and which is made very clear
in all truth [with no contradiction], that the words of the two
testimonies in itself protects the one who presents them, and so with
that, the individual becomes a Muslim. Therefore, if he embraces Islam,
establishes the prayer, gives the Zakah, and observes the rituals of
Islam, then he has the same rights and obligations as the Muslims, but
if he violates any of these pillars, then even if it were a group, they are
to be killed".

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■ Point of evidence: Glory be to Allah, the matter which must be
known in religion by necessity at the time of divine revelation, and
during the era of the Companions [may Allah be pleased with them]
and the successive centuries which came after them, has now become
a matter unknown in religion by necessity, according to this new
formation of heretics. Rather, it has become meaningless, and is given
no consideration according to the religion of these people. May Allah
not raise their banner and may they not achieve their purpose.

2- It has been narrated to me on the authority of Malik, on the

authority of Ibn Shihab, on the authority of 'Ata ibn Yazid al-Laythi that
Ubaydullah ibn Adi ibn al-Khiyar said; "Once when the Messenger of
Allah ‫ ﷺ‬was sitting with some people, a man came to him and spoke
secretly to him. Nobody knew what he had said until the Messenger of
Allah, may Allah bless him and grant him peace, disclosed that he had
asked for permission to kill one of the hypocrites. When he disclosed
this, the Messenger of Allah, may Allah bless him and grant him peace,
said, "Doesn't he testify that there is no god but Allah and that
Muhammad is the Messenger of Allah?" The man replied, "Of course,
but he hasn't really done so." He said, "Doesn't he do the prayer?" and
the man replied, "Of course, but he doesn't really do the prayer." He
said, may Allah bless him and grant him peace, "Those are the ones
whom Allah has forbidden me [to kill]." [Mawatta Mālik]

■ Point of evidence: In this is [evidence] that whoever makes the

Shahadah [testimony] apparent, that there is no god but Allah and that
Muhammad is the Messenger of Allah, then his blood and sanctity is
protected, until he commits that which necessitates [his blood] to be
shed according to the religion of Allah, which then Allah has made it a

103
permitted right, like the prohibition of killing of another soul, as Allah
[Azza Wa Jal] said, {And do not kill the soul [i.e., person] which Allah
has forbidden, except by right}, [Al-Isra 33..] Also, in the words of the
Messenger of Allah ‫ﷺ‬: “Doesn't he testify that there is no god but
Allah", is evidence that the one who bears witness to the testimony but
does not pray, then the testimony does not prevent his blood from
being shed, meaning, if he does not pray and refuses to perform the
prayer while he is called to it. The rulings of the one who abandons the
prayer and the disagreement of the scholars in this matter has been
mentioned, in which there is evidence that whoever testifies that there
is no god but Allah, and that Muhammad is the Messenger of Allah, and
prays, then it is not permissible to kill him unless he apostates from the
religion, or commits fornication after being chaste [by marriage], or
seeks to spread corruption in the land, or commits highway robberies
and forcefully steals the wealth of the people and the likes. If it is not
permissible to kill the one who prays, then it is permissible to kill the
one who does not pray. Also, in the statement of the Messenger of
Allah ‫ﷺ‬: “Those are the ones whom Allah has forbidden me (to kill)'', is
a response to the one who said, ["Of course, but he doesn't really do
the prayer"], and ["Of course, but he hasn't really done so, (testified)"],
because the Messenger of Allah ‫ ﷺ‬affirmed for him the Shahadah and
the prayer, then informed that Allah the Mighty and Sublime, forbade
him from killing the one who possesses these qualities, and that a
person has not been made responsible with anything additional than to
acknowledge in a state of purity and to pray in a state of purity, and his
reckoning is with Allah. If he is sincere from his heart by which he seeks
the pleasure of Allah, he will enter Paradise, and the one who deceives
by it is a hypocrite who will reside in the lowest depths of the fire, but it
is not permissible to kill him because of his proclamation of the
testimony. [Istithkār li ibn 'Abd Al Bar Al-Maliki 2/356]

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3- Among the great hadiths in this chapter is the hadith of Muawiyah
ibn al-Hakam al-Sulami’s maidservant when he asked the Messenger of
Allah ‫ﷺ‬: “Should I not set her free? "He said: "Bring her to me." so I
brought her to him. He asked her: "Where is Allah?" She replied: "In the
heaven". He asked: "Who am I?" She replied: "You are the Messenger
of Allah". He said: "set her free for she is a believer." Abu Bakr al-
Athram mentioned that he said to Abu Abdullah [Imam Ahmad]
regarding the hadith in which it is narrated: “Free her, for she is a
believer.” He said: "Not all of them [narrators] mentioned [the
wording], "she is a believer". However, they mention [the wording] "Set
her free". He said: "And Malik heard from Sheikh Hilal bin Ali that he
did not mention the wording "She is a believer", he said: "Some of them
said She is a believer the moment she acknowledged, then her ruling
became the ruling of a believing woman, and that is the meaning." [Al-
Sunnah lil-Khilāl 1/455 – 456) (990 - 993)]

4- Al-Miqdad bin `Amr Al-Kindi, who was an ally of Bani Zuhra and one
of those who fought the battle of Badr together with Allah's Messenger
‫ ﷺ‬told him that he said to Allah's Messenger ‫ﷺ‬: “Suppose I met one
of the infidels and we fought, and he struck one of my hands with his
sword and cut it off and then took refuge in a tree and said, "I
surrender to Allah (i.e. I have become a Muslim", could I kill him, O
Allah's Messenger ‫ ﷺ‬after he had said this?" Allah's Messenger ‫ ﷺ‬said,
"You should not kill him." Al- Miqdad said, "O Allah's Messenger ‫ ﷺ‬, but
he had cut off one of my two hands, and then he had uttered those
words?" Allah's Messenger ‫ ﷺ‬replied, "You should not kill him for if you
kill him, he would be in your position where you had been before killing
him, and you would be in his position where he had been before
uttering those words." [Narrated by Bukhari]

105
■ Point of Evidence: This Miqdad, [may Allah be pleased with him] was
safeguarding his Islam, so he asked about a scenario so that he would
know the limits of what Allah has revealed to His Messenger ‫ ﷺ‬as he
knew of the sanctity of the blood of a Muslim in the sight of Allah. O
you who have made takfeer upon the ones who have made their
tawheed clear to you, all based on false claims while you are living in a
state of well being, how [would your state be] if your condition was the
condition of the companion in a different scenario, wherein his hand
was amputated, and as soon as the mushrik said, “I surrender to Allah,”
his blood was protected and he was relieved of his obligation by Islam,
of the kufr and [shedding of] blood he had committed. Perhaps the
most ignorant among you would say, but this did not really occur with
Miqdad, [may Allah be pleased with him]. So we say, these are rulings O
Ruwaybidda, and the one conveying is the Prophet ‫ﷺ‬. So you have
failed and lost miserably as you have put this forth before Allah and His
Messenger ‫ﷺ‬

5_ Thabit narrated on the authority of Anas [May Allah be pleased with

him]: "A young Jewish boy who was in the service of the Prophet ‫ ﷺ‬fell
ill. The Prophet ‫ ﷺ‬went to visit him. He sat down by his head and said
to him, "Embrace Islam." The little boy looked at his father who was
sitting beside him. He said: "Obey Abul-Qasim (i.e., the Messenger of
Allah ‫ﷺ‬. So he embraced Islam and the Prophet ‫ ﷺ‬stepped out saying,
"Praise be to Allah Who has saved him from Hell-fire."[Narrated by
Bukhari]

■ Point of evidence from the aforementioned: it is to rule the one who

displays Islam based on his apparent condition, and to leave the hidden
[inner] matters to Allah alone as only Allah knows what is in the

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breasts. For the Prophet ‫ ﷺ‬considered the presenting of the two
testimonies to the Jewish boy sufficient, as he was departing from [the
wordly] life, and he did not oblige him with that which the heretics
claim, for one to explain, detail, and declare innocence [from the
tawagheet]. Rather, the one conveying from his Lord ‫ ﷺ‬was satisfied
with that [i.e. only the two testimonies], and with that he affirmed for
him the brotherhood of Islam.

6_ It has been narrated in Sahih al- Bukhari: "When the Prophet ‫ﷺ‬
sent Mu`adh to Yemen, he said to him, "You are going to a nation from
the people of the Scripture, so let the first thing to which you will invite
them towards be the Tawhid of Allah". And in a narration ["to worship
Allah (alone)"]. "..If they learn that, tell them that Allah has enjoined on
them five prayers to be offered in one day and one night. And if they
pray, tell them that Allah has enjoined on them Zakat of their
properties and it is to be taken from the rich among them and given to
the poor. And if they agree to that, then take from them Zakat but
avoid the best property of the people."

■ Point of evidence: This is what the Messenger ‫ ﷺ‬would require from

all people; the clever and the foolish of them, the intelligent and the
unintelligent.. and it has never been narrated from him that he said,
'Worship Allah alone, making no partner with Him, and make general
takfeer of the one who displays Islam and its rituals", and he did not
nullify anyone's Islam except with a clear nullifier.

7_ Abdullah bin Yusuf narrated that Al-Layth narrated to us on the

authority of Sa'eed, [he is Al-Muqburi], on the authority of Sharik bin

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'Abdillah bin Abi Namir, that he heard Anas bin Malik say: "While we
were sitting with the Prophet ‫ ﷺ‬in the mosque, a man came riding on a
camel. He made his camel kneel down in the mosque, tied its foreleg
and then said: "Who amongst you is Muhammad?" At that time the
Prophet ‫ ﷺ‬was sitting amongst us (his companions) leaning on his
arm. We replied, "This white man reclining on his arm." The man then
addressed him, "O Son of Abdul Muttalib." The Prophet ‫ ﷺ‬said, "I am
here to answer your questions." The man said to the Prophet, "I want
to ask you something and will be hard in questioning. So do not get
angry." The Prophet ‫ ﷺ‬said, "Ask whatever you want." The man said,
"I ask you by your Lord, and the Lord of those who were before you,
has Allah sent you as an Apostle to all the mankind?" The Prophet ‫ﷺ‬
replied, "By Allah, yes." The man further said, "I ask you by Allah. Has
Allah ordered you to offer five prayers in a day and night?" He replied,
"By Allah, Yes." The man further said, "I ask you by Allah! Has Allah
ordered you to observe fasts during this month of the year (i.e.
Ramadan)?" He replied, "By Allah, Yes." The man further said, "I ask you
by Allah. Has Allah ordered you to take Zakat [obligatory charity] from
our rich people and distribute it amongst our poor people?" The
Prophet ‫ ﷺ‬replied, "By Allah, yes." Thereupon the man said, "I have
believed in all that with which you have been sent with, and I have
been sent by my people as a messenger, and I am Dimam bin Tha'laba
from the brothers of Bani Sa`d bin Bakr." [Narrated by Bukhari and
Muslim, similarly]
■ Point of evidence: This is Dammam, who was ignorant of what the
Prophet ‫ ﷺ‬was calling towards, and embraced Islam by only
pronouncing the words of tawheed.. meaning, this simple man who did
not know the reality of the Call, and did not know of the Prophet's ‫ﷺ‬
conduct, with regards to the takfeer of the mushrikeen.. embraced

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Islam, and his Islam was correct merely by his profession of the two
testimonies with the understanding of the language of the speaker.

8_ Said bin Al-Musaiyab narrated from his father who told him that,
"When the time of the death of Abu Talib approached, Allah's
Messenger ‫ ﷺ‬went to him and found Abu Jahl bin Hisham and Abdullah
bin Abi Umaiya bin Al-Mughira by his side. Allah's Messenger ‫ ﷺ‬said to
Abu Talib, "O uncle! Say: None has the right to be worshipped but Allah,
a sentence with which I shall be a witness [i.e. argue] for you before
Allah. Abu Jahl and Abdullah bin Abi Umaiya said, "O Abu Talib! Are you
going to denounce the religion of Abdul Muttalib?" Allah's Messenger
‫ ﷺ‬kept on inviting Abu Talib to say it [i.e. 'None has the right to be
worshipped but Allah'] while they [Abu Jahl and Abdullah] kept on
repeating their statement untill Abu Talib said as his last statement that
he was on the religion of Abdul Muttalib and refused to say, None has
the right to be worshipped but Allah. Then Allah's Messenger ( )‫ﷺ‬said,
"I will keep on asking Allah's forgiveness for you unless I am forbidden
[by Allah] to do so." So Allah revealed [the verse] concerning him: {It is
not fitting for the Prophet..} ]9:113[ )‫[ (ﷺ‬Narrated by Bukhari]

■ Point of evidence: Is what the Messenger ‫ ﷺ‬had requested from his

uncle Abu Talib, of saying the shahadah sufficient to prove his Islam or
not? Is it possible that you accept the Islam as the Prophet ‫ ﷺ‬accepted
it, or do you receive revelation from your devils which you have
prioritised over the revelation of the Lord of the worlds which was
revealed to the Seal of the Prophets and Messengers..???
If you say yes, then it is sufficient and you are correct, but if you say no,
claiming that it is insufficient unless one openly declares Kufr bit taghut,

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and other such conditions which you have imposed, of which Allah has
not sent down any authority, then indeed you have prioritised this over
Allah and His Messenger ‫ﷺ‬.

9_ He said: "I heard Usama bin Zaid bin Hāritha [may Allah be pleased
with him] narrate, he said, "The Messenger of Allah ‫ ﷺ‬sent us to
Huraqat, a tribe of Juhaina. We attacked that tribe early in the morning
and defeated them and I and a man from the Ansar caught hold of a
person [of the defeated tribe]. When we overcame him, he said: 'There
is no god but Allah'. At that moment the Ansari spared him, but I
attacked him with my spear and killed him. The news had already
reached the Apostle ‫ ﷺ‬so when we came back he [the Apostle] said to
me: "Usama, did you kill him after he had made the profession: 'There
is no god but Allah?" I said, "O Messenger of Allah, he did it only as a
shelter". The Prophet observed: "Did you kill him after he had made the
profession that there is no god but Allah?' He (the Holy Prophet) went
on repeating this to me till I wished I had not embraced Islam before
that day." [Narrated by Bukhari]

■ Point of evidence: This is Usama [may Allah be pleased with him],

who killed a man who had uttered the word of tawheed and justified
his killing, stating that he [the killed] did not intend Islam, but rather he
said it seeking refuge from being killed. Thereupon, the Prophet ‫ﷺ‬
reprimanded him severely, so much so, that he wished he had not yet
embraced Islam. Did the Prophet ‫ ﷺ‬cut open the chest of the murdered
one, to know whether the man was knowledgeable of tawheed or
ignorant, and did Usama test him in his [declaration] of innocence from
the taghut or not??? !!!

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 Reported statements regarding the rulings [made] upon an
individual through text [Quran and Sunnah]

1_ 31- Wakee' narrated to us, on the authority of Amr bin Munabbih,

on the authority of Sawār bin Shabeeb, who said: "A man came to Ibn
Umar and said, "There are people here who testify against me of
disbelief". So he said: "Did you not say Laa ilaha illallah and refute them
[by it]?" [Kitāb al-Iman 1/22 by Ibn Abi Shaybah 235H]

■ Point of evidence: Here is Ibn Umar [may Allah be pleased with them
both], advising the questioner to refute the blame of kufr from himself,
in defiance of those who threw [these accusation], by saying Laa ilaha
illallah.

2_ Al-Khallal narrated in "Ahkam Ahl-Millal" (1218) that Ahmed bin Al-

Mundhir told us, he said: "We were told by Ahmad bin Al-Hasan Al-
Tirmidhi who said, "I asked Aba Abdullah about a people who embraced
Islam, and then attacked the Muslims?" He said: "It is a breach of the
covenant". [I asked], what if the Muslims invaded them and they said,
we are Muslims? He said, "It is better that it be accepted from him the
first time, but if they do that repeatedly, he is not to accept from him".

■ Point of evidence: Note how he accepted their saying ["We are

Muslims"] and sufficed with the apparent meaning.

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3_ Narrated by Al-Khalal (1220) Abdullah bin Muhammad told me, he
said: "We were told by Bakr bin Muhammad bin Al-Hakam, on the
authority of his father, on the authority of Abi Abdullah that he heard
him say: "If a Christian or Jew embraced Islam and then reverted back
to Judaism or Christianity, and a just people [Muslims] testified that he
had become a Christian or a Jew, but he says: "I did not [revert], I am
still a Muslim". He said, "I would accept his words and wouldn't accept
their testimony." My father said, "I would want him to repent, and that
is greater in my opinion than the witnesses".

■Point of evidence: Reflect on how he made the apparent statement

stronger than the witnesses.

4_ Abu Amr Al-Dani narrated in Al-Fitan (421), on the authority of

Maymoon bin Mahran who said: "The Hour will not come to pass as
long as there are ten [people] on the surface of the earth, upon the
manhaj [path] of Ibrahim, then they will continue to decrease one by
one. [i.e. by death]" Abu al-Malih said, "The manhaj of Ibrahim is the
testimony of laa ilaha illallah".

5_ It has been narrated by Abu Bakr Al-Maqri in 'Dhamm-al-Kalam', on

the authority of Muhammad ibn Aqil ibn al-Azhar al-Faqih, who said
that a man came to al-Muzani and asked him concerning a matter of
sayings [i.e. theology or philosophy] to which he responded: "I detest
this, rather I forbid it just as al-Shafi’i forbade it. Indeed I heard Al-
Shafi’i say that [Imam] Malik was asked about theology and tawheed to
which Malik replied, "It is impossible to think that the Prophet ‫ﷺ‬
taught his ummah the cleansing with water [istinja] and did not teach

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them tawheed!! And tawheed is what the Prophet ‫ ﷺ‬said, [“I have
been commanded to fight the people until they say La ilaha illallah. If
they say it then their blood and wealth are protected from me, except
for a right that is due from it, and their reckoning will be with Allah.”]
So that by which blood and money is protected, is in reality the
tawheed". [End of quote]

■ Point of evidence: The testimony includes kufr bit-taghut in its

meaning, and this is why unanimously, the Islam of a kafir is valid just
by him pronouncing it. If it did not include kufr-bit-taghut, then just by
pronouncing it, the Islam of the disbelievers would still be invalid. If
these heretics were to pay attention to this point, they would
understand from which point they have erred, but rather they came to
teach the Salaf what kufr-bit-taghut and Tawheed is!!!

6_ Al-Hafiz Ibn Mundah said in Kitab al-Iman (1/198) [When he

mentioned the proof that the statement of laa ilaha illallah necessitates
[one] with the [ruling] of Islam by name, and the wealth and blood of
the one who says it becomes forbidden]. Then he mentioned the hadith
of 'Atban bin Malik: "Something had gone wrong with my eyesight. I,
therefore, sent (a message to the Holy Prophet): "Verily it is my ardent
desire that you should kindly grace my house with your presence and
observe prayer there so, that I should make that corner a place of
worship". He said: The Prophet ‫ ﷺ‬came there, and those amongst the
Companions whom Allah willed also accompanied him. He entered (my
place) and offered prayer at my residence and his Companions began to
talk amongst themselves (and this conversation centred around
hypocrites), and then the conspicuous one, Malik bin Dukhshin was
made the target and they wished that he (the Holy Prophet) should

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curse him and he should die or he should meet some calamity.
Meanwhile, the Messenger of Allah (may peace and blessings be upon
him) completed his prayer and said: "Does Malik bin Dukhshin not
testify the fact that there is no god but Allah and verily I am the
messenger of Allah"? They replied: "He makes a profession of it (no
doubt) but does not do it out of (sincere) heart". He (the Holy Prophet)
said: "He who testifies that there is no god but Allah and I am the
messenger of Allah would not enter Hell or its (flames) would not
consume him".

7_ Ibn Abi Shaybah (32665) narrated with a good chain of narrators, on

the authority of Mujahid who said: "If a man captures a mushrikah
[polytheistic] maidservant, then let him make her acknowledge the
testimony of laa ilaha illallah, but if she refuses to do so this does not
forbid him from entering her.”
Also Ibn Abi Shaybah narrated (32658) that Isa bin Yunus narrated to
us, on the authority of al-Zuhri, who heard him say: "Do not approach
the Magian [Majusi] until she testifies that there is no god but Allah. If
she says it then this is her Islam.
8_ Al-Tabari narrated in his Tafseer (314/22) and Al-Khallal Fil- Sunnah
(1085) with an authentic chain of transmission, on the authority of Al-
Zuhri, he said: "Indeed Islam is the Statement [i.e. testimony] and Iman
is action [deeds]".

■Point of evidence: The statement [i.e. pronouncing the two

testimonies] is the apparent Islam at the first stage and the description
of Islam is established by it. As for continuation in that, it is upon one to
perform [the required] actions, and that is by praying when the time

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enters [for the specific Salah], as the Prayer is the first of the apparent
actions. This is the minimum required in respect to [the acceptance] of
apparent Islam [by which one becomes a Muslim] and the continuity of
gaining protection. Thereafter, one is taught and made to understand.
However, if one displays clear ignorance in tawheed [i.e. ignorance in
the very basics of tawheed, such as considering Shirk to be permissible]
or commits a nullifier, then he has no excuse and is not ruled [a
Muslim] by it. However, if this does not appear from him, then he
remains on certainty, which is the name of Islam, and its rulings are
applied upon him of protection, loyalty, and inheritance, amongst other
things.
And Allah knows best.

■■■

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 Summary of this section

Know, may Allah guide us to the truth and make us steadfast upon it,
that the Kharijites of this era did not limit themselves with the heresy of
their Khariji ancestors when they made the word of tawheed
meaningless, and neither with the innovations of the people of whims,
in understanding the texts according to their desires, without referring
to the understanding of the predecessors. Thus, they fell into
misguidance and that which is more dangerous; secularism and
negation [of the religion].

Amongst the strangest of things in this matter is that the people of

these such sayings [may Allah guide them] failed to realize that this
ruling includes themselves due to our inability to rule by their inner
[intentions] too. So through this, they have made permissible in their
belief, the takfeer of those whom they do not know, making their
blood, honour and wealth lawful. They have also permitted according
to this creed, the destruction of cities of the inhabitants and the
demolishing of mosques for the worshipers. Furthermore, they have
permitted for the one who sees in himself pure tawheed, the
murdering of the unknown passer by on the road, legalizing his wealth,
hoping to be rewarded by doing so, not bearing the sin!!!

Moreover, what is more strange, is how one of them gave himself the
right to be the monotheistic [Muwahid] Muslim, while denying this to
those who believe in Allah and disbelieve in the taghut, from whom the
nullifiers are not apparent. Which degree of superiority do they [claim
to] possess, without any proof or evidence from Allah, which the rest of

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the Muslims are not entitled to. Neither is one amongst them the
Caliph of Allah established in the land to test the faith of the women
who migrated to him, nor is he the leader of battles that he tests the
Islam of whoever wants to fight under his banner, nor is he a prophet
sent down, upon whom divine revelation from heaven descends in
order for him to be followed. For indeed the Message has been sealed
with the best of creation Muhammad ‫ ﷺ‬the one who made rulings
based on the apparent, and left the secret matters to the one who has
knowledge of them, Glorified be He.

The conclusion from the aforementioned guidance, of evidence and

statements, is that we must rule with Islam the one who belongs to
Islam, from whom a nullifier does not appear. This is not a ruling on the
reality [inner state] of his Islam, but rather, it is a ruling of the apparent,
as for the inner condition and the reality of tawheed, the judgment of it
is for Allah, Glory be to Him, as long as nothing appears which proves
his negligence [in knowing the truth], by word or action. Therefore, it is
of upmost importance to be eager to teach those who belong to Islam,
the reality of Islam, in kindness to them, and to take them by the hand
to the truth, instead of wronging them for their legitimate right to the
inviolability of their blood and honour, thus lowering the wing to them,
being soft in calling to what many of them neglect of rulings. Those
[rulings] which [if neglected], Allah [Azza Wa Jal] does not accept Islam
except by it, as Allah the most High says: {Invite to the way of your
Lord with wisdom and good instruction, and argue with them in a way
that is best. Indeed, your Lord is most knowing of who has strayed
from His way, and He is most knowing of who is [rightly] guided.} [An-
Nahl:125] q

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 Ruling upon an individual through distinct indication [signs and
rituals]

Evidence from the Qurān and Sunnah

1_ He [Allah] the Most High said: {O you who have believed, when you
go forth [to fight] in the cause of Allah, investigate; and do not say to
one who gives you [a greeting of] peace, "You are not a
believer," aspiring for the goods of worldly life; for with Allah are
many acquisitions. You [yourselves] were like that before; then Allah
conferred His favor [i.e., guidance] upon you, so investigate. Indeed
Allah is ever, of what you do, Aware.} [An-Nisa:94]

Bukhari narrated in his Sahih (4591) and Muslim narrated (22), on the
authority of Ibn 'Abbas who said: "The Muslims met a man with some
sheep of his, and he said: "Peace be upon you". But they killed him and
took those few sheep. Thereupon the following verse in the Qurān was
revealed regarding it: {O you who have believed, when you go forth [to
fight] in the cause of Allah, investigate; and do not say to one who
gives you [a greeting of] peace, "You are not a believer"}.

■Point of evidence: This is a man in the land of shirk, to whom the

Companions came in a military expedition, and he only displayed to
them the [Islamic greeting of] salam, and upon killing him this verse
was revealed concerning them, because their actions were contrary to
what appeared to them from the man.

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It has also been mentioned in a narration from At-Tabari (10217) from
Sammāk, on the authority of 'Ikrimah, on the authority of ibn 'Abbas,
he said: "A man from Banu Sulaim who had some sheep with him,
passed by some of the Companions of the Messenger of Allah ‫ﷺ‬. He
greeted them with 'Salam', but they said, "He did not give Salam except
to protect himself from you." So they attacked him, killed him and took
his sheep. They went with them, to the Messenger of Allah ‫ﷺ‬.
Thereupon Allah, Most High, revealed: {O you who believe! When you
go in the cause of Allah, verify and say not to anyone who greets you:
"You are not a believer.."} to the end of the verse [:94]."

■Point of evidence: Where is the ruling of dependency upon the land

of shirk.. unfortunately it vanished and disappeared!! Where is the [rule
of] dependency and where do you stand with regards to your saying
you are ritualistic?? [i.e. that we judge by the apparent rituals evident
on an individual].

Regarding the statement of Allah, the Most High: {"You are not a
believer"}:
[5829] We were told by my father that Abu Salih told us, that
Muawiyah bin Salih told me on the authority of Ali bin Abi Talhah, on
the authority of Ibn Abbas, regarding the saying: {"You are not a
believer"}. He said, "Allah forbids the believers to say to the one who
testifies to laa ilaha illallah, that you are not believer, just as He forbade
them the [eating of] dead [animals], for he is in protection in respect to
his wealth and blood, so do not deny him his statement". [Tafseer of
Quran Al-'Adqheem 3/1040 Ibn Abi Hatim 327H]

119
■ Point of evidence: The narrations and hadiths regarding the
acceptance of Islam of the one who says laa ilaha illallah are extremely
countless, as the Salaf accepted the Islam of the one who gave the call
to prayer, and prayed,. Rather, [they even accepted] from the one who
greets with the [Islamic greeting of] salaam in the land of Shirk, but no
doubt it is necessary to verify from him, with certainty. And this seed of
Kharijites say the sayings of the secularists, that these hadiths are not
suitable for this time!! Do the principles of Islam change with time and
place?!

Ibn Taymiyyah comments: “So He [Allah] commanded them to clarify

and confirm during jihad, and not to say to the one whose condition is
unknown that you are not a believer, aspiring for the goods of worldly
life, and their saying you are not a believer is a statement from them,
without evidence. Rather, it was for their own desires, in order to take
his wealth. If that was in dar al-harb/land of war, wherein he offered
peace, and in another recitation, gave the greeting of peace [salam],
then indeed he was a believer concealing his Iman, just as you were
previously believers concealing your Iman [in Makkah]. So if a Muslim
greets one with peace, then remember he is at peace with you, not at
war, so clarify and confirm, and do not kill him nor take his wealth until
you discover his affair, whether he is truthful or dishonest?” [End of
quote] [Al-Jawab al-Sahih by Ibn Taymiyyah, vol. 6, p:456]

Muhammad bin Al-Hassan Al-Shaibani said in Al-Siyar Al-Kabeer: “And

if the Muslims enter one of the cities of the mushrikeen forcefully, then
it is acceptable for them to kill those of their men whom they meet, for
it is the place of combat between them. Therefore, whoever finds one
in such a place [of combat] then it is evident that he is a fighter, and so

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the ruling [of that individual] is based on the apparent, until contrary to
that is made evident, except if they see a man with the sign of the
Muslims upon him, or the signs of the people of dhimmis [covenant] of
the Muslims. In this case, it is necessary for them to confirm his affair
until his condition becomes clear to them.” [End of quote] [Sharh sayr
Al-Kabir of Al-Sarakhsi 4/1444]

Al-Khattabi said: “If someone comes to us whose condition we are

ignorant of, with regards to his kufr and Iman, and he says I am a
Muslim, then we must accept this from him. Likewise, if we saw a sign
of the Muslims upon him, from its indications and symbols, [like the
beard, the dress being above the ankles, salam, etc], then we rule him
by Islam, until it becomes clear to us otherwise .” [Ma'alim As-Sunan of
Al-Khattabi, Part 1, p:223]

2_ Allah the Most High said: {But if he [i.e., the deceased] was from a
people at war with you and he was a believer - then [only] the freeing
of a believing slave} [An-Nisa:92]
And He the Most High said: {And if not for believing men and believing
women whom you did not know - that you might trample [i.e., kill]
them and there would befall you because of them dishonour without
[your] knowledge.} [Al-Fath:25]

318 - My father said that Yahya bin Saeed said: "I did not document
anything from Sufyan in which he said, "he narrated to me" or "he
narrated to us" except two hadiths. Then my father said: "We were told
by Yahya bin Saeed on the authority of Sufyan on the authority of
Sammak on the authority of Ikrimah and Mughirah on the authority of

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Ibrahim [concerning the part of the verse], {But if he [i.e., the
deceased] was from a people at war with you}, they said that he is a
man who embraces Islam in dar al-harb/land of war and is killed. There
is no blood money for him, but expiation is made." ['Illal wa Ma'rifa Al-
Rijāl 1/242]

If a Muslim kills another Muslim in dar al-harb [land of war], then

either;
-he had known of his Islam,
-or did not know of his Islam.
If one killed a Muslim in a land of war, while believing that he was a
disbeliever, or he threw something towards the ranks of the
disbelievers, and thus struck a Muslim who was among them, who was
consequently killed. Imam Ahmad has two opinions regarding this
situation:
The First: that the expiation is obligated upon him, but not the blood
money. The evidence used [by this school of thought] are the words of
the Most High: {But if he [i.e., the deceased] was from a people at war
with you and he was a believer - then [only] the freeing of a believing
slave}. [Surah An-Nisa: part of Verse No.: 92]

The second: that he must pay the blood money.

[Al-Mughni 8/94 Wal- Kafi 4/143]

If he intentionally killed him whilst knowing of his Islam, then there are
also two opinions:

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The first: The obligation of retribution [qisas] does not require the
killing to have taken place in Dar al-Islam [land of Islam]. Rather, the
instant one kills a Muslim in a land of war while knowing he was a
Muslim, then upon him is the payment of blood money, whether he
emigrated or not.
The second: It has been narrated from Imam Ahmad concerning the
one who had killed a Muslim captive in dar al-harb [land of war], that
they only guarantee him blood money, whether they killed him
intentionally or by mistake.
The first opinion is stronger, due to the following points:
-That dar al-Harb [land of war] in itself does not waive that which has
been made obligatory upon the Muslims, just as it does not waive the
obligation of Fasting, nor the Prayer, nor the Zakat. The limits [of Allah]
are obligatory upon them, and are not dropped because of the
difference of the lands.
-This situation is included by the generality of the verse and the
reported statements [of the salaf] regarding the intentional killing and
its penalty.
-This is because he deliberately and unjustly killed one who is equal to
him [i.e. equal in religion], so he is obligated to pay the blood money
just as he would have been obligated to pay, had he killed him in dar al-
Islam.
-Also, because retribution is an obligation in every land, especially if an
Imam is present in the land. However, if there is no Imam, then [the
ruling] is as it would be in dar al-Islam. [Al-Mughni 7/648, and Al-Kafi
4/7]

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 Ibn Abi Hatim narrated on the authority of Saeed bin Jubayr regarding
the statement [of Allah]: {"But if he [i.e., the deceased] was from a
people at war with you and he was believer"}, he said: "It was
revealed concerning Mirdas bin Amr, who had embraced Islam, but his
people were infidels and were from amongst the people at war [with
them] so Usama bin Zaid killed him by mistake; {"then (only) the
freeing of a believing slave"}, and there is no blood money for them
because they are a people at war. [Al-Durr Al-Manthur 2/620]

■Point of evidence: From this evidence [we have come to know], that
the rulings of a land do not change concerning the one who displays
Islam [by apparent signs] of prayer, or the Adhān [call to prayer] or
another sign, providing he did not display a nullifier. Also, that the
generality of punishment does not necessitate the ruling of their kufr,
and that the situation of the Muslim in dar al-harb [land of war] does
not invalidate him being in a state of one who is mastoor al-hāl, [that
he has signs of Islam], or one whose condition of religion is unknown
[majhool al-hāl], and that he be treated like the disbelievers thus being
targeted and fought. But when the dust of the battle clears [i.e. battle is
over], and the evidence of his conversion to Islam is established
through the witness of someone who knew him, or he was known by a
sign [of Islam] he displayed, then he is to be treated as the Muslims,
with regards to the prayer, funerals, and expiation. But if you claim that
he must openly declare his innocence from the taghut, and make
general takfeer, claiming that takfeer is to be known by fitra [natural
disposition] and reason, then we ask you, with what means shall he do
that? Telepathically, or through loudspeakers in the battlefield?, as no
sound is louder in a battlefield than the sound of bullets to which you
have turned your backs and fled like rats and exposed the backs of the
Mujahideen. Rather, you gave the duties of loyalty and obedience in

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protection of the Crusaders, by giving information and coordinates [of
the Muslims]. May the likes of you perish, and may the likes of those
similar to you perish!

3_ He [Allah] the Most High said: {"But if they repent, establish prayer,
and give zakāh, then they are your brothers in religion; and We detail
the verses for a people who know"}. [At-Tawbah:11]
He the Most High also said: {"But if they repent, establish prayer, and
give zakāh, then they are your brothers in religion}. [At-Tawbah:11]
So which statement [may Allah have mercy on you], is clearer than this?
And which evidence, that Iman is word and action, and that prayer and
zakah are [actions] from Iman, is a more reliable [source of evidence]
than the Book of Allah, the Sunnah of the Messenger of Allah ‫ ﷺ‬and
the consensus of Muslim scholars, and their jurists, in whose
remembrance the hearts do not feel despise. But rather, the hearts feel
tranquillity in following them, and whose ways assuredly are to be
followed, may Allah have mercy on them, and make us from amongst
their brothers. [Al-Ibanah Al-Kubra 2/683 by Ibn Battah 387H]

The statement of the Most High: {"But if they repent, establish prayer,
and give zakāh, then they are your brothers in religion"} and His
saying the Most High: {"Fight them until there is no [more] fitnah and
[until] religion [i.e., worship] is [acknowledged to be] for Allah"} with
His saying, the Most High: {"And they were not commanded except to
worship Allah, [being] sincere to Him in religion, inclining to truth, and
to establish prayer and to give zakāh and that is the correct religion"}.
It has also been proven that whenever the Prophet ‫ ﷺ‬would invade a
people, he would not attack them until morning. He would wait to hear

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the call to prayer, if not, he would attack them, [he took this course of
action] because of the possibility that they probably had embraced
Islam. He would advise his detachments saying: ["When you hear the
mu’adhdhin [making the call to prayer], or you see a mosque, then do
not kill anyone.”], as he had sent Uyaynah bin Hisn to the people of
Banu Al-'Anbar, who raided them and did not wait to hear the call to
prayer, who then claimed that they had converted to Islam before
that.[Jami’ al-Ulum wa al-Hakam 1/242 by Ibn Rajab al-Hanbali 795h]

4_ Anas bin Malik narrated: “Allah's Messenger ‫ ﷺ‬said, "I have been
ordered to fight the people till they say: 'None has the right to be
worshipped but Allah.' And if they say it, pray like our prayers, face our
Qibla and slaughter as we slaughter, then their blood and property will
be sacred to us [and we will not interfere with them] except legally and
their reckoning is with Allah."

It has also been reported in another narration, on the authority of Anas

bin Malik, he said: "The Messenger of Allah ‫ ﷺ‬said; "If anyone observes
our form of prayer, faces our qibla, and eats what we kill, that one is a
Muslim who has protection from Allah and His messenger; so do not
betray Allah’s protection.” [Transmitted by Bukhari]

393 [M] Ali bin Abdillah said, Khalid bin Hārith narrated to us, he said
Humaid narrated to us, he said: "Maimun bin Siyah asked Anas bin
Malik: "O Abu Hamzah, what makes the blood and wealth of a Muslim
forbidden?" He replied, "Whoever bears witness to La ilaha illallah
[there is none worthy of worship except Allah] and that Muhammad is
the Messenger of Allah ‫ ﷺ‬faces our Qiblah, prays as we pray, and eats

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our slaughtered animals, he is a Muslim, and has the same rights and
obligations as the Muslims."

■ Point of evidence: The Prophet ‫ ﷺ‬attached the servants entry into

apparent Islam and the application of its rulings upon him in this world,
to the pronunciation of the two testimonies and to the performance of
the rituals. Rather, he even clearly named them Muslim. So do you
refute the naming [of them] by the Prophet ‫ﷺ‬, or is his law not valid
for you for this time? And that which was established by Islam in his
time, you made invalid in this time due to your ignorance and your
turning away from what was brought by the one who does not speak
from [his own] inclination. May the blessings and peace of my Lord be
upon him.

5_ Al-Mirwazi reported in Ta'dheem Qadr Al-Salah (967), on the

authority of 'Issam al-Muzani, or Ghifāri on the authority of his father
[may Allah be pleased with him] he said: "Allah's Messenger sent us in a
detachment and said, “When you see a mosque or hear a mu’adhdhin
[the caller to prayer], then do not kill anyone.”

6_ Wāqid bin Muhammad reported, he said I heard my father narrate

on the authority of Ibn ‘Umar that the Messenger of Allah ‫ ﷺ‬said: "I
am commanded to fight the people till they testify that there is no god
but Allah, and that Muhammad is Allah's messenger, observe the
prayer and pay the zakat. When they do that they will keep their lives
and their property safe from me, except for what is due to Islam; and
their reckoning will be with Allah.” [Narrated by Bukhari]

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7_ Also, it has been narrated on the authority Anas bin Malik that;
"Whenever the Prophet ‫ ﷺ‬went out with us to fight [in Allah's cause]
against any nation, he never allowed us to attack till morning, and he
would wait and see; if he heard the Adhan he would postpone the
attack and if he did not hear the Adhan he would attack them."[Sahih al
Bukhari 1/610]

■ Point of evidence: The Prophet ‫ ﷺ‬considered the call to prayer a sign

of a people’s Islam and granted them protection of their blood with it.
It was not proven from him that he required from anyone, or tested
anyone whether he makes general takfeer or not, or whether takfeer is
from fitrah or not. The wasted heretics have even emptied the
testimony of its reality. So how then is it, with the [actions] of prayer
and the call to prayer and the rest of the apparent rites of Islam. Indeed
they are far away [in their understanding] concerning them.

8_ Abu Yahya Zakaria bin Yahya Al-Naqid told me, he said Abu Talib told
us, that he asked Abu Abdullah [Imam Ahmad] about the permissibility
of killing a man whom they saw praying in the land of the enemy? He
replied, "No. Due to the hadith of the Prophet ‫ ﷺ‬wherein he said, “I
have been prohibited from killing those who the pray.” He further said
"This includes [a refutation to] the Murji’ah, [who claim that actions are
not a part of faith, while in fact prayer is considered faith], as indeed he
prayed and did not say ‘laa ilaha illallah’.[Abu Bakr al-Khallal, Al-Sunnah
li Abu Bakr ibn al-Khallal, 3/564]

Al-Baghawi stated in Sharh al-Sunnah (1/70): "And in the hadith is

evidence that the affairs of the people, with regards to their dealing

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with each other are based on their apparent condition, and not on the
inner. In addition, for the one who displays the signs of the religion, it's
rulings will be applied upon him, and his innermost affairs are not to be
sought. If he found a circumcised among the uncircumcised dead, he
must separate him during burial, and even if he found a stray [child] in
the land of the Muslims, he must rule him with [the rulings] of slam.

■ Point of evidence: He ‫ ﷺ‬commanded Mu’adh, when he sent him to

Yemen to invite the people to Islam, to firstly call them to the two
testimonies, and said: "If they obey you in this regard, then teach them
the Prayer and the Zakah", as Yemen had many religions, Arabs, non-
Arabs, as well as the People of the Book.

9_ Abi Sufyan reported, he said, "I heard Jabir say that he heard the
Prophet of Allah ‫ ﷺ‬saying: "Verily between man and between shirk and
kufr is the abandonment of prayer". [Narrated by Muslim]

Ibn Abd Al-Bar 463H in Al-Tamheed 4/226 transmitted, on the

authority of Ishaq bin Rahwayh 238H, that he said, "They unanimously
agreed concerning the prayer, something which they never
unanimously agreed upon regarding other divine teachings, (e.g. zakah,
fasting, Hajj etc), that whoever is known for his kufr, and then was seen
praying the prayer in its due time, until he was praying regularly, but
they were not aware that he had acknowledged (Islam) with the
tongue, then he is to be ruled with Iman, and they did not rule for him
regarding the fasting, zakat and pilgrimage in the same manner.

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It has been reported on the authority of Hisham bin Urwa, on the
authority of his father, that Al-Miswar bin Makhrama told him that he
entered upon Umar bin Al-Khattab on the night in which he was
stabbed, and then Umar woke up for the morning prayer, and said,
"Indeed, there is no share in Islam for the one who does not pray", and
so Umar prayed, while his wounds bled. [Mawatta Malik Part No.1, P
No. 81]

It has been narrated on the authority of Abdullah bin Shaqiq, on the

authority of Abu Huraira who said: "The companions of the Messenger
of Allah ‫ ﷺ‬did not see the abandonment of any action as kufr, except
the prayer".[Narrated by al-Hakim (1/48) and he said it is according to
the conditions of the two Sheikhs]
Jabir bin Abdullah, [may Allah be pleased with him] was asked by
Mujahid bin Jabr, "Which actions were regarded distinguishable
between kufr and Iman in the era of the Messenger Allah ‫ﷺ‬. He replied,
"The Prayer". [Narrated by Ibn Battah in ((Al-Ibanah)) (2/672),
Muhammad bin Nasr in “Ta'dheem Qadr Al-Salah” (2/877), and Al-
Lalka’i (4/910)]

■ Point of evidence: Since abandoning prayer is regarded as kufr, then

performing it is Islam, with the absence of having committed a nullifier.
The Prayer is the determining factor between Iman and kufr. This is the
law of Allah which His Messenger ‫ ﷺ‬brought, so how can it not be
Islam in any other time and place, except according to the view of the
descendants of the Secularists and the descendants of Jahm, who reject
and deny the apparent signs which are approved by the Lord of the
servants.

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What has been narrated from the Predecessors regarding the ruling
of the one who displays the symbols and rituals of Islam

1_ It has been narrated on the authority of Al-Zuhri that he said, "When

Abu Bakr sent [the armies] to fight the people of apostasy, he said,
"Confirm from the place [you enter]. If you hear the call to prayer
therein, then refrain [from attacking it], for indeed the call to prayer is a
sign of Iman'." [Musannaf Abd al-Razzaq al-San’ani 10/18716]

2_ 58 - Abdul Karim bin Al-Haytham Al-Aquli told me, he said, "I heard
Abu Abdullah [Imam Ahmad] say regarding the Magians [Majus] to
whom a child is born, and who say [in reference to him] that this [child]
is a Muslim, and he remains alive for five years and then dies. He said:
"That [child] is to be buried by the Muslims".

59- Muhammad ibn Al-Abbas ibn Ibrahim told me, he said, Al-Hasan bin
Abdul-Wahhab told us, he said that Abdul-Karim bin Al-Haytham told
us, he said, "I asked Abu Abdullah regarding a Magian [Majusi] child,
whom the father and mother consider to be a Muslim, and then he
later dies. Where is he to be buried?" He replied, “They [are the ones
who] make him a Jew or a Christian", [as in the hadith] [i.e. but because
of their attributing the child to the Muslims, he is regarded a Muslim].
Therefore, he is to be buried in the cemetery of the Muslims. [Ahkām
Ahl al-Millal Wal-Riddah 1/25lil-Khilāl 311 h]
3_ If a disbeliever prays, then his Islam is valid and he is ruled by it [i.e.
Islam] due to the hadith of Abu Huraira in a chain of transmission
[marfu'] in which the Prophet said; “I have been prohibited from killing
people who pray." [Narrated by Abu Dawood].

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So the apparent [meaning is that] protection is granted [to him] by the
prayer, which is not possible without Islam due to the saying of Anas
[may Allah be pleased him]: “Whoever bears witness to La ilaha illallah
and that Muhammad is the Messenger of Allah ‫ ﷺ‬faces our Qiblah,
prays as we pray, and eats our slaughtered animals, he is a Muslim and
has the same rights and obligations as the Muslims." [Narrated by Al-
Bukhari]. It is apparent from the statement, [“..And Prays as we Pray”]
that he is not ruled as a Muslim until he prays [at least] one rak'ah, as
he is not referred to being among the "one who prays" without doing
so. This is because prayer has a specific legal method in Islamic law, like
the Adhan, whether it is in the land of Islam or in dar al-harb, in
congregation or alone, in a mosque or another place, [or if one called to
Prayer at a time other than its time]. In conclusion, [in all these cases],
by calling the Adhan, the Islam of the disbeliever is valid, as long as he is
sane and understands what it means, [in which case] he is ruled by it
[i.e., by Islam] because he accepted the Shahadah. The meaning of the
term "ruled by it" is that if he dies thereafter, he must be washed and
shrouded, and prayers are to be offered over him, and he must be
buried in our graveyard, and his Muslim relatives may inherit from him,
with the exclusion of the disbelievers. [Daqāiq ulā al-Nuha 1/126 Al-
Bahuuti 1051H]

4_ Isā bin Umaylah Al-Fazari narrated on the authority of his father, he

said: “Khalid bin Al-Walid went out to the people to fight them due to
their apostasy. If he heard the call to prayer in its due time he would
refrain, but if he did not hear it, he would attack them". [Tabaqāt Ibn
Saad 3/92]
5_ Chapter: Our companions said, "One is ruled with Islam by the
prayer, whether it is in the dar al-harb [land of war] or dar al-Islam,

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whether he prays in congregation or individually. If he remains upon
Islam after that, then there is no speech [in opposition to him], and if
he does not follow upon it then he is an apostate, and the rulings of the
apostates shall apply to him. But if he dies before displaying that which
is contrary to Islam, then he is a Muslim and his Muslim heirs will
inherit from him with the exclusion of the disbelievers. Abu Hanifa
stated: "If he prayed in congregation or alone in the mosque, then the
[ruling] is as we stated [i.e. that of the Hanabli], but if he prayed alone
in a place other than a mosque, he is not ruled as a Muslim". Some of
the Shafi’is stated: "He is not be ruled with Islam under any
circumstance, because prayer is one of the branches of Islam, and so
one does not become Muslim by performing it just like the Hajj
[pilgrimage], and fasting. This is due to the saying of the Prophet ‫ﷺ‬
wherein he said, “I have been ordered to fight the people until they say
La ilaha illallah. When they say that, their blood and their wealth are
safe from me except for a right.” Some of the [scholars] said: "Even if
he prayed in the land of Islam he is not [ruled] to be a Muslim because
he intended to conceal [his condition] with the prayer and to hide his
religion. However, if he prays in dar al-harb, [land of war], then he is a
Muslim, as there is no accusation against him [of believing out of fear].
We also have [as evidence for this opinion], the statement of the
Prophet ‫ ﷺ‬in which he said: "I have been prohibited from killing
people who pray", and he also said, "Between us and them is prayer".
So he made the prayer a set limit between Islam and disbelief, and so
whoever prays has entered the bounds of Islam, as he said about
Mamluk: “..and if he performs the prayer, then he is your brother [in
Islam]". This is because [the prayer] is a form of worship that is specific
to the Muslim people, and performing it is [like entering] Islam just like
the two testimonies is. As for Hajj, the disbelievers would also perform
it, and the fasting is abstaining from the things which nullify the fast,

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and those who do not fast also abstain. [Al-Mughni 2/148 by Ibn
Qudamah]

6_ Al-Khallal narrated in his book Al-Sunnah 3/564:

956 - Abu Yahya Zakirya Ibn al-Naqid told me that Abu Talib told us that
he asked Abu Abdullah regarding the permissibility of killing a man
whom they see praying in the land of the enemy, to which he replied:
"No. The Prophet ‫ ﷺ‬said: “I have been prohibited from killing those
who pray.” He added; "This includes [a refutation to] the Murji’ah [who
claim that actions are not a part of faith, while prayer is in fact regarded
as faith], for indeed he prayed and did not say laa ilaha illallah. This
refutes them".

7_Chapter: Muslims and Christians drowned together, [and the people]

are not able to distinguish one from the other:
611 - Ahmed bin Muhammad bin Matar told me, he said, Ahmed bin
Muhammad, Abu Talib Al-Salmani told us that he asked Aba Abdullah,
[Ahmed bin Muhammad bin Hanbal] concerning the Muslims and
Christians who drowned together. "How must one pray upon them
whilst they do not know [which is the Muslim from the kafir]?" He
replied, "It is necessary to pray upon them, and intend [only the
Muslims] from them".
612 - Yusuf bin Musa told us that Abu Abdullah said regarding the
drowned, while one does not know the Muslim from the non-Muslim.
Should one pray upon them. He said: "Yes, as he is seeking the right
[course of action in this matter] which is to pray upon them". Then Abu
Abdullah said, "How good is the dye", [i.e. the cover].

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613 - Harb told me, he said that Abu Musa Isa bin Suleiman told us, he
said, Salama bin Saleh told us, on the authority of Hammad, on the
authority of Ibrahim, regarding a group of Muslims and Christians who
die altogether, and so one does not know the Muslims from the
Christians? He said, "He must pray upon them and the Imam should
[only] intend the Muslims and they are to be buried in the Muslim
cemetry."

614 - Ahmed bin Muhammad bin Matar told me, he said, Abu Talib told
us that he said to Abu Abdullah, "If Muslims and Christians drowned
[altogether], where are they to be buried?" He replied, "They must
separate them if they are able to, otherwise [bury them] with the
Muslims".

615 - Mansour bin Al-Walid told me, he said, Ali bin Saeed told us that
he heard Aba Abdullah say when a man asked him about a man who
was found dead in the land of the enemy, and his head had been cut
off, thus not knowing who the Muslims were from the enemy? He said,
"He must try to determine by the circumcision and clothing". The man
said, "What if he still doesn't know?" He replied, "Then he must not
pray upon him". It was said to him, "What if he was found in the land of
Islam, and in the same condition?", to which he replied, "Then he must
pray over him and wash him". [Abu Bakr Al-Khallal, Rulings for the
People of other religions and Apostasy from Al-Jami’ Masa’il Imam
Ahmad, p. 217]

8_ 5267 - Rawh bin Al-Faraj told us, he said that Yahya bin Abdullah bin
Bakir told us, he said, Hammad bin Zaid told us on the authority of

135
Ayyub, on the authority of Ikrimah [who told us] on the authority of Ibn
Abbas regarding the Jewish and Christian female who is under [the
command] of a Christian or a Jewish [husband], and then she embraces
Islam. He said, "One must differentiate between them, as Islam is
always superior and should never be surpassed". [Al-Tahawi, Sharh
Ma'āni al-Athār, 3/257] [Its chain of transmission is authentic]

9_ In has been narrated in [the book] Al-Atabiya that Yahya bin Yahya
stated on the authority of Ibn Al-Qasim regarding the outcast stray who
dies [at a young age] before attaining the knowledge of how to pray,
and the [majority of the residents] in that land are from the People of
the Book; "They [Muslims] must pray upon him, and he is to be treated
as a free Muslim with regards to the payment of blood money on behalf
of his killer, whilst not taking it is better, unless he fears that he will
perish if he doesn’t take it. Also, if a dead person is found in the
wilderness, and one does not know of his condition, then he is to be
buried without washing nor is he prayed upon. Likewise, if found in an
alley way in the city".

Abd al-Malik ibn al-Hassan said on the authority of Ibn Wahb, regarding
the one who is found in the wilderness, [and the people] are not able to
distinguish whether he is a Muslim or a Christian; "Then let one draw
his hand over the private parts [of the deceased] from above the
garment. If he finds him circumcised, he must wash and pray over him,
and if he found him uncircumcised, he must be buried [without the
prayer] ".

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In addition, Ibn Kinana stated regarding a people who were cast ashore
by the sea [after drowning]; "If he knows them to be Muslims, he must
bury them".
It has also been stated in the Book of Ibn Sahnun; "One must look for
the signs and base his opinion upon the evidence he finds. If the signs
are not evident, then if the majority of those who rode the sea are
Muslims, he must pray over them and only intend the Muslims with his
supplication. But if the majority of the riders of the sea were [people of]
shirk, then he must not pray over them".

From this group, Ashhab said regarding a man who [is found] dead and
it is unknown [to the people] whether he was a Muslim or a disbeliever;
"Then he must not be washed nor prayed over, unless the signs of Islam
are evident upon him of dye [henna on the beard] or another sort, after
which he must pray over him and intend the Muslims by it only". Ibn al-
Qasim said in the case of a dead man [found] in the wilderness, and it is
not known whether he was a Muslim or a kafir, that he should neither
bury him nor pray upon him. Sahnun said: "This is regarding the one
found in the wilderness in [a place of] shirk. As for the wilderness of [a
land of] Muslims, he must be washed and prayed over".[Ibn Abi Zaid al-
Qayruwani, Al-Nawadir 'Ala Ma Fil al-Mudawwana Min Ghayr Min
Ummahat' 1/610]

■■■

137
 Summary of this section

The indication [i.e. sign or ritual] is that one possesses a description, or

[performs] an action, or he is in a condition which is particular to the
Muslims. This is what is referred to as the apparent rituals of Islam, i.e.
the descriptions which only Muslims possess over all other religions and
sects..

It is the determining factor in ruling a specific person with Islam, as

long as that which nullifies it does not appear from him, in which case
[the deeds] are not taken into consideration due to the absence of Asl-
al Iman [foundation of the religion]. This is based on evidence from the
Book, the Sunnah, and the consensus. Likewise, it has also been proven
that every action one performs since the time his Islam was nullified are
not accepted, from acts of obedience, apparent deeds, and deeds of
seeking closeness to Allah. Rather, he would not even be rewarded in
the Hereafter, if he died upon disbelief.

Allah the most High says: {And it was already revealed to you and to
those before you that if you should associate [anything] with Allah,
your work would surely become worthless, and you would surely be
among the losers.} [Az-Zumr:65]
And He the Most High said: {And whoever of you reverts from his
religion [to disbelief] and dies while he is a disbeliever - for those,
their deeds have become worthless in this world and the Hereafter,

138
and those are the companions of the Fire; they will abide therein
eternally.} [Al-Baqara:217]
And He the Most High says: {And whoever denies the faith - his work
has become worthless, and he, in the Hereafter, will be among the
losers.} [Al-Maida:5]

So based upon this [aforementioned evidence], the sayings of those

who claim that because the rituals are now common [between the
Muslims and apostates alike], that they are to be disregarded and are
invalid, even for the one who does not appear to have committed a
nullifier. This is indeed random rubbish talk and a confusion between
the mastoor al-hāl [one who has signs of Islam] and the one who we
know for sure to have committed a nullifier, whether the perpetrators
[of the nullifiers] are [ruled upon] groups, or [they are powerful
combatant] groups who collectively agree upon a principle of disbelief
[i.e. a nullifier of Islam] with strength, or as individuals. This is in
reference to the apostate.

This is [as we have explained previously], in reference to the apparent

rituals, because the acts of closeness [to Allah] by themselves do not
bear evidence of one's Islam, as Islam is the first condition for the
acceptance of good deeds and being rewarded for them in the
Hereafter. There is no recognition for the acts of obedience and acts of
closeness [to Allah by worship] if they are combined with disbelief, or
whilst having committed the nullifiers without repentance.

Muslim narrated on the authority of Aisha [may Allah be pleased with

her], she said: "O Messenger of Allah, the son of Jad'an established ties

139
of relationship and fed the poor. Would that be of any avail to him?" He
said, "It would be of no avail to him as he did not ever say: "O my Lord,
pardon my sins on the Day of Resurrection".

Therefore [it has been made clear that] Islam is a condition for entering
Paradise, as it has been authentically reported on the authority of Abu
Hurairah, [may Allah be pleased with him] who said, "The Messenger of
Allah ‫ ﷺ‬said: "None will enter Paradise but a Muslim soul". [Agreed
upon]

■■■

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 Ruling upon a specific [individual] by dependency

1- Section: Dependency [of religion] upon the parents.

2- Section: Dependency [of religion] upon the master.
3- Section: Dependency [of religion] upon the Dār [land/abode].

Ibn Shas al-Maliki said: "As for the young child who is of the age of
tameez [i.e. usually under six years of age], and the insane, their
conversion to Islam cannot be recognised/accepted except by
dependency [i.e. following]”. Dependency falls under three categories:
The first: The Islam of the father. So his child follows him [in religion]
but does not follow his mother. Ibn Wahb said: "He follows those from
his parents who have embraced Islam". Since we ruled [his Islam] by
dependency, if he reaches adolescence and expresses disbelief of [his
own accord], then he is an apostate.
The second: Dependency upon the Muslim master. When the child is
taken [into slavery] without his father, he is ruled with Islam [i.e.
Muslim] and if he is taken by a dhimmi, he is not ruled with Islam. Then
the ruling of this enslaved child is that of one who is ruled with Islam by
dependency upon his father, upon reaching adolescence.
The third: Dependency upon the land. [which is the intended matter].
Every stray [child] found in the villages and places of Islam is a Muslim,
and if he is found in the villages [or lands] of shirk, or in the lands of
People of Dhimmah, then he is a mushrik.

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Ashhab said: "If [a child] is captured by a Muslim, then he is a Muslim. If
someone found [a child] in a village where there are only two or three
Muslims, then the child is considered a mushrik, and none can object to
this, until a Muslim takes the child and makes him adhere to his
religion..
Al Ashhab also said, "His [the childs] ruling in this case is also Islam, due
to the possibility of Muslims being present in [the land], whether he
was taken by a Muslim or a dhimmi. The [reason for this ruling is that]
just as I consider him a free [person] while in reality I do not know
whether he is free or enslaved, but because of the possibility of
freedom I considered him free, as the Shari’a preferred this side. [i.e.
because the texts are stronger in the principle that people are free].
[Aqd Al-Jawāhir al-Thamaniyya Fi Madhab Ālam Al-Madinah 3/999]

■ Point of evidence: Ibn Shas [clearly] stated, "As for the young child
who is of the age of tameez [i.e. usually under six years of age], and the
insane, their conversion to Islam cannot be recognised except by
dependency [i.e. following]”. So every person should praise Allah,
whom Allah has protected from the foolishness and stupidity of the
heretics, who regard the young child who is unable to differentiate
[between two matters] and the insane one in reality, to be disbelievers
and have included them to be among those [sane adults] addressed by
the speech of Allah, on the tongues of the prophets and Messengers.
The statement of Ashhab, "His [the childs] ruling in this case.." -
meaning [his ruling] in tthedar al kufr/lands of disbelief and the places
of the mushrikeen, is also Islam". Here is Ashab, one who considers the
[rare] concept more credible over the prevalent possibility, thus giving
precedence to Islam [over kufr]. So he must be made takfeer upon,
according to the religion of the foolish heretics.

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 Ruling upon a specific [individual] by dependency

■ Section 1: Dependency [of religion] upon the parents:

Types of dependency of the child upon the parents:

A child sometimes depends upon his father [in religion] and sometimes
his mother. Other times [his religion is dependant] upon the best of the
two, and at times upon the worst of them:

1_ Dependency upon lineage and loyalty:

This [type of dependency] belongs to the father, due to the statement

of Allah the most High: {Call them by [the names of] their fathers..} [Al-
Ahzab: 5], as long as it [i.e. lineage] is not severed, like in the case of an
illegitimate child [i.e. child of a married woman accused of adultery],
and the child born from fornication. So the child of a Qurashi is a
Qurashi, even if he was born to a non-Qurashi [mother] and the child of
a Qurashia [mother] born to a non-Qurashi [father] is not a Qurashi.
It has been narrated on the authority of Abdullah bin Umar [may Allah
be pleased with him], he said that the Messenger of Allah ‫ ﷺ‬said, "The
right to inheritance from a freed slave is a relationship like the
relationship of blood relatives [lineage]; it cannot be sold or given
away." [Narrated by Al-Shafi’i, Al-Hakim, and Al-Bayhaqi, and it was
authenticated by Ibn Hibban and Al-Hakim]. So the branch of loyalty is
always dependant upon the father and to his tribe. The child's loyalty is

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affirmed to the tribe of the mother only under the condition if his
father is enslaved.

2_Dependency upon the enslaved [parent] or the free:

This [type of dependency] belongs to the mother, so the child of a free

woman is free, even if the father is enslaved.
The child of the enslaved woman is a slave, even if the father is free,
except in three cases:
The first: that the husband set a condition on her master that his
children from her be free, in which case they are free, due to the
hadith, [“Muslims must keep to the conditions they have made”].
The second: That the husband was deceived by marrying a woman
upon whom he set the condition that she be a free woman [but she
deceives him]. Or he thought that she was free, and it later became
clear that she is a slave woman. In this case, her child is free even if the
father is enslaved, and he may ransom the child [from the owner].
The third: To enter [i.e. have intercourse] with the slave woman on
uncertainty, [e.g. He entered upon her in darkness], in which case her
child is also a free [child].

3_ Dependency upon [the rulings] of prohibition [of inter-marriage]

and impurities:
[Rulings concerning] consuming [meat], slaughter, the prohibition of
marriage, and the share of booty:
Dependency due to the evil [worst] of the two:

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-The mule which is born from a horse mare and a tamed donkey: it's
[meat] is forbidden and impure due to it's dependency upon the
donkey, which is the worst of the two, and it does not follow [in ruling]
to the best of them, which is the horse.
-That which breeds from a dog and a wolf: [is to be treated as a dog]
and the utensil which were lapped [licked] are to be washed seven
times, one of them with earth [soil].
-So [based upon these rulings], the child born to [a male] from the
People of the Book and a female Magian [majusi]: his sacrifice is not
permissible [to eat], and if the child is a female then [a Muslim] is not
permitted to marry her due to her dependency upon the Magian, and
not upon [the father] from the People of the Book. This is because the
condition of marrying from the People of the Book is that both her
parents be from the people of the Book. Likewise, it is not permissible
to have intercourse with a slave woman whose father is a Magian
[Majusi] and whose mother is from the People of the Book. In the case
of a fighter who receives a slave woman from a share of booty, [then
she is only to be used for service], due to her dependency of religion
upon her Majusi father, not upon her mother from the People of the
Book.

4_ Dependency upon the religion and faith [creed]:

This [type of dependency] belongs to the best of the two; so the child
born to a Muslim parent [who is married to one] from the People of the
Book is ruled a Muslim, and a child born to [a parent] from the People
of the Book [who is married to a] Majus [depends in religion] upon the
people of the Book. However, his sacrifice is not lawful [to eat] nor is it

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permissible for a Muslim to marry her if she is a female. If the father
embraces Islam, then all his children who are under the age of
adolescence depend upon him [in religion] and whoever is born to him
thereafter, takes the rule of Islam, [i.e. they are Muslim] and follow him
in religion according to the consensus of the scholars, based on the
evidence of the saying of Allah: {And those who believed and whose
descendants followed them in faith - We will join with them their
descendants} [At-Tur:21]. So the uniting of the offspring to their fathers
in the Hereafter is also evidence for uniting them [in ruling] of religion
in this world. This is why the commentators [of tafseer] said, with
respect to the benefits of this verse; “The child follows the parents in
faith". Therefore, the father’s Islam is one of the strongest ways to
prove the Islam of the children, as al-Sherbini stated in 'Mughni al-
Muhtaj' (3/606); “The child is ruled with Islam in two other ways, one of
them, [being the strongest of them] - is by birth, so if one of his parents
is a Muslim, then he, [meaning the young child] is a Muslim by the
consensus [of the scholars], and Islam prevails [over all other
religions].” [End of quote]

1_ Imam Ishaq bin Rahwayh [may Allah have mercy on him] said: "If the
Prophet ‫ ﷺ‬had left the people without making clear to them the rulings
related to the children, they would not know the believers among them
from the disbelievers, as they do not know what each of them was
created upon [i.e. what was written for them in the Preserved Tablet]
when he was taken out from Adam's [peace be upon him] back. So the
Prophet ‫ ﷺ‬made clear to them the rulings of a child in this world,
wherein he said: "It is subsequently his parents who covert him to
Judaism or Christianity or Magianism". Meaning, that you do not know
what was stamped upon him in the [previous] fitrah [natural
disposition]. So the ruling of a child [with respect to religion], in this

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world is the [same] ruling as his parents, which is known by the [religion
of the] parents. The young child born to two disbelieving parents
follows them in ruling [i.e. in religion] and the young child between two
Muslim parents follows them in ruling. However, what the child turns
towards [in future], in respect to Iman and kufr, the knowledge of that
is with Allah. The knowledge [of the religion of the child in the time of
Prophet Musa] was a virtue Al-Khidr had over Musa [peace be upon
him], wherein Allah had informed him about the boy and singled him
out with that knowledge". [End of quote] [Refer to Al-Tamheed' 18/87]

2_ Ibn Al-Mundhir [may Allah have mercy on him] stated in Al-Ijma - (1

/ 74): "And they unanimously agreed that the ruling of the child is that
of his parents if they are Muslims, and so his ruling is the ruling of the
people of Islam, and if they are mushrikeen, then his ruling is that of
the mushirkeen. He inherits from them and they inherit from him, and
his ruling regarding the blood money if he is killed, is the same as that
of his parents". [Al-Iqna’ 40, Al-Awsat: 2/139]

3_ Ibn Battah said in Al-Ibanah (2/57): “The Muslims have unanimously

agreed, and Praise be to Allah that they are correct in their ijma'
[unanimity], that the [ruling of] the one who dies from among the
children of the Jews, Christians, and the Magians, is that his parents
inherit from him and he inherits from his parents, and upon his
guardian is the [responsibility] of washing and burial, and their children
are from them, with them and upon their religion.” [End of quote].

■ Point of evidence: The children follow their fathers [in religion]

concerning the worldly rulings, and the children of the Jews, Christians

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and the Magians [follow upon their religions] by name and by ruling,
and so the father inherits from him and he inherits from the parents,
and the washing and burial is upon the guardians.

4_ Al-Kasani mentioned in Badaa Al-Sana’i, Part Six: "As for ruling [a

child] with Islam by way of dependency, then the child is ruled with
Islam by dependency to his parents whether he understands or not, as
long as he is unable to embrace Islam himself on his own accord. The
child may also be ruled with Islam by dependency upon the land. The
statement regarding this is that the child depends upon his parents in
religion, whether Islam or disbelief.

5_ (7107) Mas'ala: He said, ["And whoever from the parents embraces

Islam, then his young children follow him in this], and this is what ash-
Shafi'i stated. However, the people of opinion [companions of Abu
Hanifa] said, "If [both] his parents, or even one of them became
Muslim, and if after he reaches maturity he refuses Islam, then he is to
be forced [to remain] upon it, but is not to be killed". [Imam] Malik
stated: "If the father embraced Islam, his children follow him in religion,
and if the mother embraced Islam then they do not follow her in
religion, because the children of the people at war, follow the [religion]
of the father and not the mother. This is in accordance with the
evidence regarding the enslaved, that if they have a child, it's loyalty is
to the father’s master rather than the mothers master. If the father is a
slave, or the mother is a master and the slave [father] is given freedom,
then the loyalty of his child would be to the [father’s] master. This is
because the child is honoured due the father's honour, and belongs to
his tribe rather than the mother, so he must follow the father in
religion, whichever religion it may be.

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Ath-Thawri stated that when he reaches maturity [adolescence], he
may choose between his father’s religion and his mother’s religion.
Then based upon whichever [religion] he chose, he would be upon that
religion. Perhaps he based his evidence on the hadith of the boy whose
father embraced Islam, and his mother refused to embrace Islam, and
so the Prophet ‫ ﷺ‬allowed [the child] to choose between his father and
his mother's religion. [Al-Mughni 9/18 by Ibn Qudamah 620H]

6_ We view, that the child follows his parents in religion, and if they
differ [in religion] then he is obligated to follow the Muslim of the two,
like the child born to a Muslim, [who is married to someone] from the
people of the Book; because Islam is always superior and should never
be surpassed. Also, Islam has supremacy for many other reasons;
among them is that it is the religion of Allah which He has approved for
His servants and sent Messengers calling His creation to Him, and
through it one attains happiness in this world and the Hereafter. Also
with [Islam], one puts an end to killing, enslavement and payment of
the jizya concerning this world [i.e. as those who embrace Islam are not
fought nor killed, neither are they enslaved and nor do they pay the
jizya], and in the Hereafter, [one is saved] from the Wrath and torment
of Allah. In addition, from among [the reasons Islam is superior] is that
with regards to the lands, Dār al-Islam rules the stray and the one
whose condition is not known therein, with Islam. So if he is ruled with
Islam, but refuses [this ruling], he is then compelled to remain upon it,
and if he refuses to do so, then he is killed, just like a Muslim child.
This is because he is a Muslim, and if one reverts from Islam he must be
killed, due to the saying of the prophet ‫ﷺ‬: “He who changes his religion
(i.e. apostates) kill him.” This is by analogy [with the apostasy] of any
other [Muslim]. However, we state in [disagreement] to Maliks opinion

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regarding the mother from the parents, that her children follow her in
Islam just like the father. Rather, the mother is [more entitled to be
followed] because she is more close [personal] to him, as he is in reality
created from her, and also due to the pregnancy and breastfeeding.
Also because his condition of slavery and freedom is dependant upon
her condition, and the arrangement and writing [in correspondence to
gaining freedom] is also dependant upon her. Furthermore, the child of
all species follow the mother and not the father, and this contradicts
what he [Imam Malik] mentioned. As for the child's choice, it is with
regards to care, not in religion. [Al-Mughni 9/19 by Ibn Qudamah 630H]

7_ Among them: [is that] if a dead person whose religion is unknown is

found in Dar al-Islam [land of Islam] and he had no [evident] signs of
Islam upon him nor kufr, or if the signs of Islam and kufr upon him are
conflicting [i.e. not distinguishable]; then [what has been] stipulated is
that he is to be prayed upon. However, if the sign of kufr which is upon
him is distinctive, then among the companions [of the Hanbali Madhab]
are those who said he is to be prayed upon, while [Imam] Ahmad
[himself] stated that he is to be buried without being prayed upon. This
[issue] returns back to the [ruling wherein] the original principle [i.e.
that the religion of the unknown individual is dependant upon the land
he is found in, whether Dar al-Islam or Dar al-Kufr] may contradict [the
principle of ruling by] what is outwardly apparent. Since the original
[Asl] of a people in a land of Islam is Islam [i.e. Muslim], and [it may be
the case] that what is outwardly apparent [upon an individual] is kufr,
[then based on this contradiction]; if a dead person was [found] in Dar
al- kufr and the signs of Islam [are evident] upon him, then he is to be
prayed upon [and if no signs of Islam are evident upon him, then he is
not prayed upon], and this statement [can be found] in the report of Ali
bin Saeed. Therefore, this [principle of ruling] based on the apparent

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[signs] is given precedence over the original principle here, [i.e. the
religion of the unknown individual is dependant upon the land he is
found in, whether Dar al-Islam or Dar al-Kufr] as it was the preferred
[view] in the first example, but here the companions [of Imam Ahmad]
did not prioritise the original principle, like they prioritised in the
former [situation]; because this principle opposes another principle,
which is that the principle is that every new-born is born upon the
fitrah [Natural disposition]. [Al-Qawaid by Ibn Rajab]

■ Point of evidence: If the disbelief [Kufr] of an individual [i.e. dead

person] whose religion is unknown [majhool] in Dār al-kufr was a
known [i.e. indisputable matter] for definite [with certainty], as the
misguided heretic fools claim, then the [concept of] weighing [and
prioritising] between the two principles would be invalid. Likewise, the
[concept] of weighting between the original [i.e. to rule an individual by
dependency upon the land] and [ruling by] what is outwardly apparent
would also be invalid concerning the one [whose religion] is unknown,
because certainty is not removed by conjecture in any case.

■■■

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■ Section 2: Dependency [of religion] upon the master:

2_ Dependency [of religion] upon the master

1_ It has been narrated in Sayr, p.1/145, Abi Ishaq Al-Fazari 188h:

[regarding] prayers upon the young [children] when they die.

111- Abu Marwan informed me, he said that we were told by Al-Fazari,
on the authority of Sufyan, on the authority of Salamah bin Tammam,
who said: "I said to Sha'bi; "I arrived in Khurasan and purchased [young]
slaves and some of them died. Are they to be prayed upon?" He
replied, "If they [themselves] used to pray, then pray upon them."
112-Fazari [narrated] on the authority of Ibn Abi Anisa, he said, "I asked
Hamada about the young captured slaves and some of them die". He
said, "If they were in the land of the Muslims, then they must be prayed
upon".
113- Al-Fazari told us that Sufyan and Ismael bin Muslim said; "It was
said [regarding the young enslaved] that if they entered the group of
Muslims, they are to be prayed upon".
114- Al-Fazari told us; "I asked Hisham and Ibn 'Awn about the young
captured slave who dies in the land of the Muslims, to which Hisham
replied; "One must pray over them. Ibn Awn said that they must pray
[upon them]".
115- Al-Fazari told us, he said I asked Al-Awza’i, I said; "If slaves are
caught while they are young, and they are with their mothers and

152
fathers, [what is their ruling]". He replied; "If they die young and they
were with the group of [spoils of war], or they were part of a reward
[i.e. share of booty] for a people and they were in the country of the
enemy, then they are not to be prayed upon as long as they are not
distributed. However, if they are taken out of the fay' [spoils of war]
and are distributed, thus came under the ownership of a Muslim, or a
people bought them between themselves, [each] having a share and
[the young slaves] die, then prayer must be offered over them even if
they are in the country of the enemy, and even if their parents are with
them. The reason being that the Muslim [master] is more entitled to
them than the parents, and also because if one of the [master] freed his
share, he would be charged with the deliverance [of the captives
freedom] from the remaining partners.

■ Point of evidence: Al-Sha’bi, [may Allah have mercy on him] made

the prayer a sign of the captives Islam [the young captive who is at the
age of tameez]. Rather, Al-Awza’i [may Allah have mercy on him] made
the side of Islam superior because of the ownership of the Muslim
master even with the presence of both parents. However [Imam]
Ahmad, [may Allah have mercy on him] stated in opposition, that the
child remains dependant [in religion] upon the parents due to their
presence. This [difference in opinion] show us that the issue is not as
the heretics claim; that all [related rulings] are complied under the
meaning of Laa ilaha illallah.

1579- "I asked [Imam] Ahmed; "What is the ruling regarding the
enslaved captives who die in the land of the Romans?" He asked, "Were
their fathers with them?" I replied in the negative. He replied, "One
must pray upon them". I said, "They did not distribute them yet, and we

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were still in the detachment?" He replied, "If they become [part of the
share of booty] of the Muslims and do not have their fathers with them
and they die, then he must pray upon them, and they are [considered]
Muslims". So I said, "What if their fathers were with them?" He replied
in the negative. So I said to Ahmed bin Hanbal that the Muslims at the
battle fronts forced them to convert to Islam even while their fathers
were with them. He said, "I don't know". I heard him another time
when he was asked about this issue, or it was [only] mentioned, to
which he commented; "The people at the battle fronts are doing
something regarding this [matter], though I do not know what it is".
[Masa'il li Imam Ahmad Narrated by Abi Dawood 1/330].

2_ [The issue of the enslaved children of the disbelievers, who have not
yet reached adolescence]
Mas'ala: he said; "And whoever of their children is taken captive alone
or with one of his parents, becomes a Muslim. Whoever is taken
captive with both his parents, is upon their religion". To summarise, if
the one who has not yet reached adolescence is taken captive from
among the children of the disbelievers, he becomes a slave and his case
does not go beyond three situations:
The first: that he is taken into captivity separately from his parents
whereby he becomes a Muslim, and this is unanimously agreed upon as
the religion is affirmed for him by dependency [upon the master], and
because his dependency from his parents is cut off and he was
separated from them, and due to his expulsion from their [his parents]
land and his going to the land of Islam. Therefore, his dependency falls
upon the Muslim master, and so he becomes dependant upon him and
follows him in religion.

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The second: that he is enslaved with one of his parents; then he is also
ruled with Islam, and this is what Al-Awzai said. However, Abu Hanifa
and al-Shafi’i are of the opinion that he follows his father in disbelief
because he was not separated from one of his parents and so he is not
ruled with Islam, and it would be [in ruling] as though he is enslaved
together with them. Imam Malik stated that if he is enslaved with his
father, then he follows him [in religion] as the child follows his father in
religion just as he follows him in lineage. However, if he was enslaved
with his mother, he is a Muslim because he does not follow her in
lineage, then likewise in religion.

We also have [as evidence], the statement of the Prophet ‫ﷺ‬: “Every
child is born upon fitrah [i.e. true faith of Islam, to worship none but
Allah Alone] and his parents convert him to Judaism or Christianity or
Magianism". So the understanding of this is that he [i.e. the child] does
not follow either of them because when the judgment [of something] is
attached to two matters, then it cannot be affirmed by only one of
them. Also because he depends on his master [in religion] when alone,
then he follows him even when enslaved with one of his parents, based
upon the analogy had one of his parents converted to Islam. Through
this it is realized that every person whose ruling of Islam [i.e. being a
Muslim] is dominant while being alone, then it holds the same [ruling]
while being with one of the two parents, just like having one Muslim
parent.

The third: if he is enslaved with both parents, then he is upon their

religion. This is the saying of Abu Hanifa, Malik and Ash-Shafi’i.
However, Al-Awza’i stated; "He is a Muslim due to the master having
more right over him, because of his ownership of the captive and

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because the guardianship of his father was cut off and their inheritance
was cut off from him, and his inheritance is severed from them too, so
he [i.e. the master] is more entitled of being followed [in religion] than
them". We also have [contrary to this view], the statement of the
Prophet ‫ﷺ‬: “His parents convert him to Judaism or Christianity or
Magianism", and due to their presence with the child, being owned by
the master does not prevent him from following his parents [in
religion], based on the evidence that what is born into his possession
from his male and female slaves are disbelievers. [Al-Mughni 9/267 by
Ibn Qudamah Al-Maqdisi 620H]

■ Point of evidence: It is known that the scholars did not differ in ruling
concerning the true infidel [sane adult], whose takfeer falls under the
issues of the asl [foundation of religion]. It is also known that [our ruling
of kufr] of the true infidel [sane adult] does not change, nor does the
ruling of not praying upon him due to captivity or because of his moving
from one land [dār] to another. It is well known that the dependency
upon the master [in religion] only affects the ruling of the child.

■■■

156
■ Section 3: Dependency [of religion] upon the Dār [land/abode]:

Evidence of the division of the Dār [abode/land]:

1_ Allah [Azza Wa Jal] says: {"And [also for] those who were settled in
the Home [i.e.,al-Madīnah] and [adopted] the faith before them. They
love those who emigrated to them") [Al-Hashr:9]
Also He the Most High said informing about the abode [Dār] of
Pharaoh: {"And We wrote for him on the tablets [something] of all
things - instruction and explanation for all things, [saying], "Take
them with determination and order your people to take the best of it.
I will show you the home [Dār] of the defiantly disobedient."} [Al-
A'raf:145]

2_ It has been narrated in the Hadith of Ibn Abbas [may Allah be

pleased with him] regarding the advice of Abd al-Rahman ibn Awf to
Umar, [may Allah be pleased with him] concerning the matter in which
he said, ["..you should wait till we reach Medina, the Dar [place] of
migration and the Dar [place] of the Sunnah [the Prophet's Traditions].
There you will meet the companions of Allah's Messenger ‫ ﷺ‬from the
Muhajirin and the Ansar who will understand your statement and place
it in its proper position.."] [Narrated by Bukhari]

3_ It has also been reported in the hadith of Buraydah [may Allah be

pleased with him], that when the Apostle of Allah ‫ ﷺ‬would appoint a
Commander over an Army or a detachment, he would instruct him
saying, "Summon them to Islam and if they agree, accept it from them

157
and refrain from them. Then summon them to leave their Dār
(territory) and transfer to the Dār (abode) of the Emigrants.." [Narrated
by Muslim]

4_-And he ‫ ﷺ‬said, “Allah will not accept any good deed from a
polytheist, after having become Muslim, until he leaves the mushrikeen
and joins the Muslims.” [Narrated by An-Nasa’i and Ibn Majah with a
good chain of narrators]

5_ And he described the land of Ash-Sham as "The Dār [home] of

Islam". Al-Tabarani stated in Al-Mu’jam Al-Kabeer regarding it's
meaning; "Its origin and location".

6_ It has been reported in Al-Nasa’i on the authority of Abdullah bin

Abbas, [may Allah be pleased with him] that he said, "..and some of the
Ansar were Muhajirun because Al-Madinah was a Dār (land) of shirk,
and they came to the Messenger of Allah ‫ ﷺ‬on the Night of Al-
'Aqabah."

7_ And Khalid bin Al-Walid, [may Allah be pleased with him] wrote to
the people of Al-Heera, - as [reported] in the book “Al-Kharaj” by Abu
Yusuf, regarding the rights of the dhimmis, those who suffer from
weakness or poverty among them; "His [payment of] jizya is to be
waived and he is to be spent upon, meaning, he is provided for and
spent upon from the treasury of the Muslims, and also upon his
dependents as long as he stays in Dār al-Hijra and the abode of Islam.
However, if they leave to other than the abode of Hijra [emigration] or

158
from Dār al-Islam, then it not upon the Muslims to spend on their
families".

■ Evidence from the aforementioned: These texts among others, show

evidence of the existence of two [types of] Dārs. A land to which hijra
[emigration] is legislated and this is Dar al-Islam, and the land from
which it is legislated to emigrate from and this is Dar al-Kufr. This is in
adherence to the verses which show evidence of migration to the Dar
al-Islam, as Allah said; {Indeed, those whom the angels take [in death]
while wronging themselves, - [the angels] will say, "In what
[condition] were you?" They will say, "We were oppressed in the
land." They [the angels] will say, "Was not the earth of Allah spacious
[enough] for you to emigrate therein?" For those, their refuge is Hell -
and evil it is as a destination}. [An-Nisa:97]

8_ Allah the Most High said: {Indeed, those who have believed and
emigrated and fought with their wealth and lives in the cause of Allah
and those who gave shelter and aided - they are allies of one another.
But those who believed and did not emigrate - for you there is no
support of them until they emigrate. And if they seek help of you for
the religion, then you must help, except against a people between
yourselves and whom is a treaty. And Allah is Seeing of what you do.}
[Anfal:72]

Concerning the statement of He, the most High: {"The believing men
and believing women are allies of one another."}, and His saying in
another verse, {"But those who believed and did not emigrate - for
you there is no support of them"}, for those who are not aware of the

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interpretation [of these verses], it may seem that there is contradiction
between the verses, but in reality there is no contradiction, but rather
their interpretation differ in context. As for the verse, {"The believing
men and believing women are allies of one another."}, it means in the
religion of Islam, while the interpretation of the verse, {"But those who
believed and did not emigrate - for you there is no support of them
until they emigrate"} is in relation to inheritance, until they emigrate.
Then [the verse] {"But those of [blood] relationship are more entitled
[to inheritance]"} abrogated it and thereafter it included all believers
and brothers in inheritance, even those who did not emigrate. This is
their interpretation. [At-Tanbih wal-Rad Ala Ahl bid' 1/64 by Al-Malti
377h]

[Regarding] His saying the Most High: {"And if they seek help of you for
the religion"}
9193 - My father told us that Abi Thana told us, that Abu Salih told us,
that Muawiyah bin Salih told us on the authority of Ali bin Abi Talhah,
on the authority of Ibn Abbas regarding the saying, {"And if they seek
help of you for the religion"}, it means, if the desert Arab Muslim seek
help from the Ansar and muhajireen over their enemies, then it is
binding upon them to help them". He said: {"except against a people
between yourselves and whom is a treaty".}
9194 - Ahmed bin Uthman bin Hakim told us in which he wrote to me:
"Ahmed bin Al-Mufaddal told us, that Asbat told us on the authority of
As-Suddi, regarding His [Allah's] saying; {"And if they seek help of you
for the religion"} he said, "because they [desert Arabs] are Muslims".
[Tafseer Ibn Abi Hatim 5/1740]

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9_ It has been reported by Muslim in his Sahih, on the authority of
Suleiman bin Buraidah on the authority of his father that when the
Prophet of Allah appointed a Commander over an Army or a
detachment, he instructed him saying, "Then summon them to leave
their Dār [abode] and transfer to the abode of the Emigrants and tell
them that if they do so, they will have the same rights and
responsibilities as the Emigrants, but if they refuse and choose their
own abode, tell them that they will be like the desert Arabs who are
Muslims, subject to Allah’s judgement which applies to the believers,
but will have no spoil or booty unless they strive [in jihad] with the
Muslims".

■ Point of evidence: That the Muslims are commanded to emigrate to

Dār al-Islam from Dār al-kufr, and that the Prophet ‫ ﷺ‬affirmed the
judgment of Allah, which applies to the believers even for those who
remained in Dār al-Kufr and did not move from it to Dār al-Islam, but he
forfeited their right to the booty and the fay' [spoils of war] until they
participated in jihad with the Muslims.

■■■

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 The rulings made upon the Dār [lands] are among the issues of
Jurisprudence in which the scholars have differed

The scholars differed in defining the Dār [abode/land], as the texts

concerning it are speculative and not definitive. This is indicated
[further] by the numerous statements the Fuqahā have, pertaining to
the [state of a land] changing from Dar Al-Islam to Dar Al-Kufr, and
when the ruling [of it's conversion] should change. And concerning this
issue they [i.e. the jurists] have five well-known statements:

▪︎The first: that a Dar [land] which has been proven to be Dar al-Islam
cannot become dar al-kufr in the absolute sense, even if the
disbelievers took over and removed [every form] of religious symbol
from it.

Some of the ash-Shafi'yyah stated that a land which has been proven to
be a land of Islam cannot become a land of disbelief [in the absolute
sense] even if the disbelievers took over [that land] and openly applied
their rulings [i.e. laws] ! And some of them [i.e. the ash-Shafi'yyah]
added [the condition]: that as long as the Muslims [of that land] are
resisting against [the enemy], [then it is still considered Dar al-Islam].
Al-Rafi’i provided another reasoning: “The land previously occupied by
Muslims is enough of a evidence [in their view] that it remains as [Dar
al-Islam] in ruling. ” End of qoute. They argue [the following] hadith [is
proof]: “Islam will always be superior and nothing can be more superior

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than it”. [Hajr bin Al-Asqalani graded it hasan] [See: 'Tuhfat al-Muhtaaj'
(8 / 82), and 'Asna al-Matalib” (4/204)]
Al-Rafi’i (T. 623 AH), when mentioning dar al-Islam, divided it into three
categories:
-The first: a land in which Muslims live.
-The second: a land which was conquered by the Muslims, and [later]
they approved its [handing over] to the disbelievers with the payment
of jizya after they took possession of it. Or they made peace with them
eventhough they did not take possession of the land.
-The third: a land in which the Muslims used to live from which they
were expelled, and the mushrikeen prevailed therein.

Know that their count of the third category of Dar al-Islam shows that it
is not a condition of [the ruling] of Dar al-Islam, that there should be
Muslims living therein. Rather, it is sufficient for it to be under the
hands of the Imam and under his authority.” [Al-Aziz Sharh Al-Wajeez
known as Al-Sharh Al-Kabeer : j:6 p.403]

Al-Ramli said: "know that it is understood from their statements that

for a place to be [ruled] as Dār al-Islam; it is every place in which the
Muslims [of that land] are resisting against [the enemy] - [then it is still
considered dar al-Islam] after which it is not possible for it to return to
being Dar al-Kufr, even if they take over it as it is clearly mentioned [in
the hadith]; "Islam is always superior and should never be
surpassed.” So their statement that it becomes Dar al-Harb [land of
war] meant, that it would thus become, by way of an apparent form;
meaning a form, but not in ruling. Otherwise it is necessary that what

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they took over from the land of Islam becomes Dār al-Harb, which is a
distant thing [from the true understanding]." End of quote.
Al-Ramli also said in Nihaayat al-Muhtaaj, and among them, meaning
for [a land to be ruled] as Dār al-Islam; it is [any land] which is known to
be a residence for Muslims, even if it was in an ancient time, after
which the disbelievers took over, like [the city] Cordoba [in Andalusia],
[which is considered Dār al-Islam] taking into account our prior
conquest."

Al-Nawawi mentioned in Rawdat al-Talibin 4/500, when mentioning the

ruling of a stray [outcast], listing the types of Dar al-Islam: "Regarding
the stray [child] who is found in Dār al-Islam or Dār al-kufr: The first
situation is; [that he is found in] Dār al-Islam which is of three types:
-The first: a land inhabited by Muslims in which the stray is a Muslim,
even if the majority therein are the people of dhimma [compared to]
the people Islam.
-The second; a land which the Muslims conquered and approved of it's
handing over to the disbelievers [stipulated the condition of] the
payment of jizya after they took possession of it, or they made peace
with them while they did not take possession [of the land]. In this case,
if there is one or more Muslim [in that land], the stray is [ruled] a
Muslim, otherwise he is a disbeliever according to the correct opinion.
-The third; The Muslims used to inhabit [the land] but were later
expelled from it and the disbelievers prevailed therein". [End of quote]

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▪︎The second [opinion]: That Dar al-Islam does not become Dar al-kufr
except with the combination of three conditions which indicates
complete supremacy and dominance of the mushrikeen over [the land].
So Dar al-Islam will become Dar al-kufr by complete supremacy and
dominance of the mushrikeen [over that land] which is achieved under
three conditions:
[1] That the land is isolated from the rest of the Muslim lands.
[2] That security, safety and welfare is lost (the security of Islam).
[3] That the rulings of disbelief are manifested therein.
[This is the saying of Abu Hanifa in 'Al-Mabsout' by Sarkhasi (10/114),
and 'Bada’i Al-Sana’a' by Al-Kasani (7/7)]

Al-Tirtashi al-Hanafi stated in Tanweer al-Absar; “Dar al-Islam does not

become Dar al-Harb [land of war] except by the implementation of the
rulings of the mushrikeen [in the land] and by the connection [of its
borders] to Dar al-Harb, and that a Muslim or a dhimmi do not remain
safe therein as they previously did".
Al-Kasani stated in Badaa’ Al-Sana’i, (J: 9 p: 519); "There is no
disagreement among our companions that Dār al-kufr becomes Dār al-
Islam with the manifestation of the rulings of Islam therein.”

Al-Hasakfi (d.1088 AH) stated in Al-Durr Al-Mukhtar, in explanation of

Tanweer Al-Absar, juz: 6 p.289'); "Dar al-Harb becomes Dār al-Islam
with the implementation of the rulings of the people of Islam therein,
like the Friday and Eid [Prayer], even if there still remains kafir asli
[original disbelievers] therein, and even if it does not connect [i.e. have
borders to the Dār al-Islam.”

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▪︎The third [opinion]: Dar al-Islam does not become Dar al-kufr merely
because the disbelievers took over it and manifested their rulings
therein. [It does not change in ruling] as long as the Muslims are able to
practice the rituals of Islam therein.

Abu Bakr al-Ismaili al-Jurjani said; "They see Dār as Dār al-Islam, and not
as Dār al-Kufr, like the Mu'tazila do, as long as the Call to Prayer and the
Iqama is made publicly, and it's people are able to do this with safety
therein". [I'tiqad Ahl al-Hadith 1/76 by Abu Bakr Al-Ismaili 371H]

Some of the Malikis stated that it was mentioned in the Hashiyat al-
Desuqi in "Mukhtasar Khalil" that; "Dār al-Islam does not become Dar
al-Harb just because the disbelievers took over it by force. [Its ruling
does not change] as long as the rituals of Islam are established therein".
He also stated; "The land of Islam does not become Dār al-Harb [land of
war] just by their [the disbelievers] taking over [the land] and their
occupation of it. [The ruling of it being Dār al-Islam continues] until the
establishment of the rituals of Islam cease therein. As long as the rituals
of Islam, or the majority of them exist, then it does not become Dār al-
Harb". This is the view of Al-Desuqi Al-Maliki, Al-Asbijabi Al-Hanafi, and
Al-Ramli Al-Shafi’i. [See: “Hashiyat al-Desouki” (2/188), “Fatwas al-
Ramli” (4/52)]

Ibn Rajab al-Hanbali 795H said in his explanation of 'Fath al-Bari':

6/232: [Adhān, The call to prayer]; "The differentiating [factor] between
Dār al-Islam and Dār al-kufr is that if a Muadhdhin [Caller to prayer] is
heard [in that land], then its ruling is as the ruling of Dār al-Islam, and
so one must refrain from [attacking] the blood and wealth [of the

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people of that land], and if the call to prayer is not heard, he may raid
them after the morning comes". In this [statement] is evidence that the
establishment of prayer obligates the ruling of Islam, and the Adhan is a
call to the Prayer which consequently necessitates the ruling of [the
land] with Islam as the Prayer is indeed the greater purpose, and is
foremost. It must not be said, that the ruling of their Islam can [only] be
made by the Adhan due to the mentioning of the two testimonies
therein, because the prayer also includes that. Therefore, if we see an
individual praying, especially in a dar al harb [land of war], or a land he
did not know it to be Dār al-Islam - we judge him to be Muslim due to
that. This is the view of many scholars, and it is the well known view of
the Madhab of [Imam] Ahmad.

It was mentioned in the introduction to the meanings and Isnads in the

Mawatta (13/280); "The Adhān is an obligation upon the land, meaning,
in the city or the village. If one or more people call the Adhān then it's
obligation is waived from the rest of the community. Also, from the
difference between Dār al-Kufr and Dār al-Islam, [for those who don’t
know] is the Adhan, which indicates to [which type of] land it is. And
every village or city in which the Adhan is not called, it's people are
disobedient to Allah, the Mighty and Sublime. However, whoever from
amongst them prays, he does not have to repeat [the prayer] because
the Adhan is not like the Prayer, and its obligation is a fardh kifaya
[communal obligation]. Therefore whoever performs it, then [its
obligation] is waived from others, like all other obligatory duties over
communal [obligations]. As for the Adhan for the individual when
traveling or at home; it is a followed Sunnah [in my view] and a reward
for the one who perform it". [End of quote].

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Ahmad Al-Rumi Al-Hanafi (1041 AH) stated in his book Majalis al-Abrar
wa Masalik al-Akhyār; "In the sixth century, the Tatars came out and
their corruption was widespread to such an extent that the scholars
judged them to be disbelievers. They differed concerning [the rulings]
of the countries which they took over, whether they were considered
Islamic countries or not? Thus they stated; "The countries that are in
their hands today are undoubtedly the countries of Islam, due to the
absence of its connection [borders] to Dār al-Harb and because they did
not manifest the rulings of kufr therein. As for the countries in which
the rulers are disbelievers, [meaning from the Tatars], and [they]
allowed the establishment of the Friday and the Eid [prayer] therein,
and the judge therein rules by mutual consent of the Muslims; the
[scholars] have determined that if the cause of something still exists,
then ruling itself still remains. Therefore, we have ruled without dispute
that this land was from Dār al-Islam before the Tatar takeover. And
after their taking over; the calling of the Adhan, the Friday and the
congregational prayer, and the judgments and fatwā were in
accordance with the Shar’iah [Islamic law] and were widespread
without any objection from their kings, in which case, the judgement
[made by some] that it is Dār al-Harb has no basis. In addition, the
announcing of the sale of wine, and the collection of taxes and other
taxes by the Tartars, is like the announcement of Banu Qurayza in the
city with Judaism [i.e. the Jewish rites were apparent therein] in which
they even asked for judgment from the taghut in opposition to the
Messenger of Allah ‫ ﷺ‬and nevertheless, the city was undoubtedly the
land of Islam".

▪︎The fourth: That Dar al-Islam becomes Dar al-kufr if the disbelievers
take over and manifest the rulings of kufr therein with dominance and
publicity.

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 Imam Malik said regarding Makkah before the conquest; “The land at
that time was Dar al-Harb, because the rulings of the pre-Islamic
[ignorance] era were displayed at that time.” [End of quote]. [Al-
Mudawwanah 2/22]

Al-Qadi Abu Ya’la al-Hanbali (458 AH) said: “Every land in which the
rulings of disbelief prevail without having the rulings of Islam [therein],
is Dār al-kufr.” [Almu'tamid Fi Usul al-Din, p. (276)].

Ibn Muflih (d. 763 AH) said in Adāb Shari’a wal Minh Al Mar'iyya c: 3
p148): "Every land in which the rulings of Muslims prevail is Dār al-
Islam, and if the rulings of disbelief prevail therein then it is Dār al-kufr,
and there is no other [type] of Dār than these two.”

Abu Jafar said; "That which necessitates [a land] to become Dār al-
Harb, is the dominance of the disbelievers [in that land] and the
implementation of their rulings therein because of the words of Allah
[Azza Wa Jal]: {They are the ones who disbelieved and obstructed you
from al-Masjid al-Ḥarām}. [Al-Fath:25], meaning, "what you gained"
[of booty]. This indicates that the implementation of the rulings of Shirk
in the land is what made it Dār al-Harb".
[Summary of Differences of Scholars 3/471, Al-Tahawi 321H] And this is
the statement of Abu Yusuf and Muhammad, the two companions of
Abu Hanifa, and it is said [to be the saying of] some Hanbalis]

Al-Kasani said in Badaa’ Al-Sana’i, that Abu Yusuf and Muhammad,

[may Allah have mercy on them] said; "The land becomes Dār al-kufr

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due to the manifestation of the rulings of kufr therein.. if the rulings of
disbelief are manifested in a land, then it has become Dār al-kufr.”

▪︎The Fifth [opinion]: Dār al-Islam which the disbelievers took over and
manifested their rulings therein, but it's people remained Muslims:
[This land] does not become Dār al-kufr, and neither is it Dār al-Islam.
Rather, it becomes a land which has a combination of both rulings.

This is what Ibn Taymiyyah stated in his famous fatwā regarding the
people of Mardin, which was a city whose people were Muslims and it's
soldiers and rulers came under the authority of the Tartars. Ibn Muflih
quoted in Al-Adab al-Shar’iyyah, from Ibn Taymiyyah in his statement
regarding Mardin, that he said; “It has a combination of both rulings; It
is not at the same position as Dār al-Islam in which the rulings of Islam
are implemented due to it's soldiers being Muslims, and neither is it at
the same position of Dār al-Harb in which the people are disbelievers.
Rather, it is a third category in which the Muslim is dealt with according
to what he deserves, and those outside the law of Islam are dealt
according to what they deserve".
Commentary: We add to what was mentioned above, that which has
come on the authority of the Al-Zāhiriyah, that the land being
attributed [to a particular category] is dependant upon the rulings
being implemented therein, and has no relation to the fact that the
majority [or all] it's inhabitants be Muslims. It has been documented in
Al-Muhalli; “The land is attributed to those dominant over it, the ruler
therein, and the one who is in possession of the land. So if a disbeliever
becomes predominant over a land from the lands of Islam, and allows
the Muslims to remain upon their condition, but [announces] that he is

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the sole owner controlling [the land] solely himself, and he has declared
his religion other than Islam therein, then [it becomes Dār al-kufr] due
to the disbelief of those who remain with him, and cooperate with him
[in consolidating his rules] even if he claims to be a Muslim..” [Ibn
Hazm:Al-Mahalli Mujallid 8 J:1 p.200]

It has been mentioned in the book Al Jāmi' li Talab al-'Ilm Al-Sharif' that
the effects upon [the ruling] of Dār al-Islam if the disbelievers take over
is of two types:

1 - The complete takeover/conquest: This is when the disbelievers

conquer Dar al-Islam and they implement the rulings of kufr. This [land]
becomes Dar al-Kufr due to [the disbelievers'] achievement of [their]
cause, and as we have mentioned, this is the definition [given] by the
scholars for Dar al-kufr. This [also] includes the Muslim lands which are
governed by democratic laws, for they are Diyar al-kufr [places of kufr].

2 - The incomplete takeover/conquest: This is when the disbelievers

take over Dār al-Islam, but the rulings of Islam continue to be
implemented in the land. Examples of this include the Tatar takeover of
Ash-Shām at the end of the seventh century [Hijri]. It is historically
proven that they approved of the judges therein to rule by the Shari'a
amongst the Muslims, even though the scholars made takfeer of the
Tatars due to their judging amongst themselves by the law of their chief
Genghis Khan [by Al-Yasiq]. It has also been reported from the
[statements] of the Fuqahā of that era, that the land does not become
Dār al-kufr because of this, as long as the rulings of Shari'a are
established therein.

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The reality [of this matter] is that if the disbelievers take over Dār al-
Islam, and the rulings of Islam continue to be implemented, then it is
necessary to differentiate between whether they are established due to
the strength of the Muslims or due to the disbelievers permitting that.

1_ If the rulings of Islam remain and continue to be implemented due

to the strength of the Muslims then it is [ruled as] Dār al-Islam. This is
like the previous example which took place in the land of Ash-Shām
with the Tatar takeover, which did not occur except due to the strategy
[of deception] from the disbeliever in control, so as not to provoke the
Muslims had he abolished the rulings of Islam altogether. The
disbeliever would not [use the strategy of] deception except due to his
inability to completely dominate and takeover. This was the situation in
As-Shām, as the war was Sijāl [i.e. battles were won and lost] between
the Tatars and the people of Ash-Sham and Egypt, in which Sheikh al-
Islam Ibn Taymiyya himself had participated, and because of their
inability to completely dominate, and due to the implementation of the
rulings of Islam therein, the land remained as Dar al-Islam even though
the sultan [one in power] was a disbeliever. Likewise Dār al-Islam
continues to remain [Dār al-Islam in ruling] even if the Muslim ruler
apostates, as long as no changes are made to the rulings. In either case,
the Muslims must fight the disbeliever who is in power, [i.e. the
dominant one in power or the apostate] and dispose of him and
appoint a Muslim Imam. In this case, the killing [of the disbeliever in
power] is Fardh 'Ayn [an individual obligation] because it is defensive
jihad.

2_ However, if the rulings of Islam remain and continue to be

implemented in a land despite the disbelievers take over, and the

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implementation of Islamic ruling therein is due to the approval of the
disbeliever in authority, and not because of the strength of the
Muslims, then [the land] is Dār al-kufr, because if he [the ruler in
power] intended to abolish [the Islamic rulings] he is able to do so. This
example occurred in Andalusia at the beginning of the Spanish
conquest as mentioned by Muhammad bin Jaafar Al-Katani, in which he
mentioned the terms and conditions of the treaty by the people of
Andalusia when handing over Spain: ["And notice, when they
constrained upon the people of Andalusia, they [the people of
Andalusia] fell weak against them after many wars and a great siege.
Thereafter, the people of Andalusia agreed to enter under their
authority and rulings, but with conditions they stipulated, which were
approximately up to fifty-five [and it is also said sixty-seven] conditions.
These [conditions] included the security and safety of the young and
old, with regards to themselves, their family and wealth, and for the
people to remain in their locations, positions, lands and properties.
They also [conditioned] the continuation of their established law just as
they were [being implemented], and that no one was to judge them
except by their [Islamic] law and that the mosques must remain as they
were and taxes alike..." [he continued on to say] "...until when they had
seen, [May Allah destroy them] that the matter was completed [in their
favour], and that the Muslims had entered under their authority and
that they had gained power over them [to do as they wished], then
they began their treachery and they violated the conditions of the
treaty that the Muslims had stipulated the first time; condition after
condition, part by part, until they violated all the conditions of the
[treaty] and the sanctity of the Muslims had been eliminated
completely and they [i.e. the Muslims] were afflicted with extreme
shame and severe humiliation - [until he went onto say] - then they
compelled all the Muslims to convert to Christianity and enter into their

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religion and [they compelled them] to abandon all the rituals of Islam,
completely".[Advise of the People of Islam, Badr Library in Rabat 1409
AH, pp.102 - 103]

■ Evidence that the reason for judgment upon a land is according to

the type of rulings expressed by those who are dominant therein:

The statement of Allah the most High: {Indeed, those whom the angels
take [in death] while wronging themselves- [the angels] will say, "In
what [condition] were you?" They will say, "We were oppressed in the
land." They [the angels] will say, "Was not the earth of Allah spacious
[enough] for you to emigrate therein?"} [An-Nisa:97] The fact that the
Muslims who are addressed to emigrate are weak in the land indicates
that the disbelievers are predominant therein.

Likewise, the statement of Allah: {Said the eminent ones who were
arrogant among his people, "We will surely evict you, O Shuʿayb, and
those who have believed with you from our city, or you must return to
our religion"}.[Al-A'raf:88]. Here, the addition of the word "our city" is
an addition of possession and ownership, meaning; the village
[belonging to] the arrogant disbelievers. Also, what indicates to their
ownership and their dominance therein is their threat of expulsion
towards the believers, which means they were the ones in authority
with regards to the commands and the prohibitions [in the land]. This
proves that Dār al-Kufr is the [land] in which the disbelievers are
dominant, and the matter of commanding and prohibiting therein

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belongs to them, and the [authority] to command and prohibit are in
reality the rulings which bring about dominance and authority.

And similar to this verse is the statement of Allah: {"And those who
disbelieved said to their messengers, "We will surely drive you out of
our land, or you must return to our religion."} [Ibrahim:13]. The same
is said regarding this verse as was said concerning the previous verse.
These collection of verses prove that Dār al-kufr is the [land] wherein
the disbelievers are predominant, and the rulings therein are in their
favour.

Also, the saying of the Messenger of Allah ‫ ﷺ‬after the conquest of

Makkah: "There is no emigration after the conquest [of Makkah]". [The
hadith is agreed upon]. The migration from Makkah was obligatory
because it was Dār al-kufr until the conquest. Thereafter it became Dār
al-Islam and the obligation of migration from it was withdrawn. The
[detail] which had changed after the conquest, with which the rulings of
Makkah changed, was the change of the dominant hand over it; from
the hand of the disbelievers to the hand of the Muslims, and also due
to what followed on from that, with regards to the change of rulings.
This proves that the basis for judgment on the Dār is the dominance of
the hand over it, and the rulings which proceed.

Some have erred in this regard, thinking that the residence of many
Muslims in some countries, along with their security and their ability to
establish the rituals of their religion, such as the Adhān, prayer, fasting,
and other [such rituals] are sufficient in considering the country to be
Dār al-Islam. Some have even said, "How do you say that such and such

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a country is Dār al-kufr while there are more than a thousand mosques
in it's capital city?" This is completely irrelevant, as we have clarified
that the reason of judgment upon a Dār is according to the dominant
hand [over the land] and the rulings implemented therein. As for the
rest of the descriptions, there is no consideration given, with regards to
the ruling of a Dār.

■ Some descriptions [of the land] which must be eliminated at this

point, in order to clarify the reason for the ruling, are the following:

1 - The religion of the majority of the inhabitants has no relation with

the judgement of the Dār: The evidence for this is that Khaybar used to
be inhabited by the Jews, and when the Prophet ‫ ﷺ‬conquered it in the
year 7 [AH], he approved that they remain therein so that they could
cultivate the land. He sent a leader from the Ansar over them, while the
majority of it's people were Jews- until Umar Ibn Al-Khattab, [may Allah
be pleased with him], expelled them during his caliphate. This did not
prevent Khaybar from being part of Dār al-Islam, due to it being under
the control of the Muslims in which their rulings were implemented.

2 - The display of the rites of Islam or Kufr has no relation with the
judgment of the Dār. Indeed the Messenger of Allah ‫ ﷺ‬used to display
[the rites] of the religion in Makkah, and would call to it and would
openly show his enmity towards the mushrikeen, and show disavowal
of them and of what they worshipped besides Allah. This was before
the migration from Makkah. Likewise some of the Companions would
openly pray and recite the Qur’an and Makkah did not become Dār al-

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Islam because of this. Rather, the Muslims migrated from it, as the
disbelievers were predominant.
3- The security and safety of a group of inhabitants has no relation with
the judgement of a Dār: The dhimmis [who were disbelievers] were
granted safety in Dār al-Islam and this did not affect it [in ruling] from
being Dār al-Islam. The Muslim emigrants were also safe in Abyssinia
while it was Dār al-Kufr. In addition, the Muslims secured themselves
with safety in Makkah for the duration of their covenant with the
Prophet ‫ ﷺ‬with the Treaty of Al- Hudaybiyah until the conquest of
Makkah], wherein they even performed the Umrah [of expiation]
during it, and this security did not prevent Makkah being Dār al-kufr [in
ruling] until it was conquered as the Messenger of Allah ‫ ﷺ‬said: "There
is no emigration after the conquest [of Makkah"], and he did not say
there is no emigration after the peace treaty. This makes it clear that
the key factor which changed the ruling of the land is the
predominance [of the people] and not just security.

This all relates to clarifying the reason [for the rulings], and also to
attain knowledge about the cause upon which the ruling of that land is
based. Therefore, from this, it has become known that the countries in
which the majority of the inhabitants are Muslims, but are ruled by
apostate rulers with democratic laws of the infidels, as we see today,
are Dār al-kufr, even if the majority of it's inhabitants are Muslims who
practice the rites of their religion, such as the establishment of the
Friday and the congregational prayer, and other such rituals in safety.
These are [ruled as] Dār al-kufr because the disbelievers are dominant
[in the land] and the rulings implemented therein are in their favour. As
for Muslims being able to display the rituals of their religion, this is not
due to the strength of the Muslims, but rather due to the permission of

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the kafir ruler, and if he intended to alter their security and safety to
fear and affliction [of various harms and punishment] with his strength
and soldiers, he would be able to do so, as is the case in many countries
today in the name of combating terrorism and religious extremism.
[Quoted from the 'Kitab Al Jami' Li Talab al-'Ilm Ashareef Bi-Tasarraf
Yaseer' page 1355 and beyond]

■■■

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Division of the lands [Dār] depending on the description it possesses

■ Branches of Dār al-Islam depending on the description it possesses:

At times, there have been specific terms reported to have been used in
the books of scholars concerning the branches of Dār al-Islam, such as:

1 -Dar al-Baghi: [land of the rebellious]; it is a place in which the

rebellious ones, or the khawarijis are the only ones who rule within Dār
al-Islam, and are independent in implementing the rulings therein.
Opposite to this is the land of Justice, which is under the rule of the
Imam of the Muslims.

2-Dar al-Fisq: [land of the disobedient]: it is when disobedience has

become common in a city within Dar al-Islam. Al-Shawkani said: "Ja'far
bin Mubashir and some of the Hadawiyya have held [the view] that it is
obligatory to migrate from Dar al Fisq, by analogy upon the [command
of emigration] from Dar al-kufr. It is an analogy with a difference [of
opinion], although the correct view is that it is not obligatory [to
emigrate] from Dar al-Fisq because it is [part of] Dār al-Islam. [He
added] however, I say that it is desirable to leave the place in which sins
are widespread, as in the hadith of the one who killed a hundred
[people], in which the scholar informed him that what would help him
in his repentance is to leave his country, which he described as a land of
evil, and to go to a town in which the people are righteous, and to
worship Allah along with them".

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 3 - Dār Ahl-Dhimma: [land of the people of dhimma]: This is other than
'Dār al 'Ahd wa Sulh, [land of covenant and peace] as this is one of the
types of Dar al-kufr. As for Dār of Ahl-dhimma, it is [ruled as] Dār al-
Islam as Khaybar was after the Muslims conquered it during the time of
the Prophet ‫ ﷺ‬. The description of Dār Ahl-dhimma, is as Muhammad
ibn al-Hasan al-Shaybani said; "And if the commander of the [Muslim]
military besieged the people of one of the cities of the enemies, and
some of them said "We embrace Islam", or some of them said "We
[want to] become a dhimmi' [under protection], and that we do not
leave our dwellings"; [in this case], if the Muslims therein are powerful
enough, with [the help of the new Muslims] to [rule the land by
Shar’iah] and defend it against those who are at war with them, and are
able judge amongst them with the rulings of Islam, then it is upon the
ameer to do that”. The commentator Al-Sarkhasi said [regarding this];
"Because the implementation of the rulings of Muslims is possible in
their land, and a Dār [land] becomes a land of Muslims due the
implementation of the rulings of the Muslimeen, thus the Imam makes
it Dār al-Islam, and consequently makes the people a people of
dhimma." [Al-Sayr al-Kabir 5/2196 - 2197]

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■ Branches of Dār al-kufr depending on the description it possesses:

1_ The kufr [in the land] being old or recent:

a)- Dar al-kufr asli [the original Dar al-kufr]: It is the land of disbelief in
which the people did not enter Islam [previously], such as the European
countries, America, Russia, China etc.

b)- Dar al- kufr Tari': [The land of [recent] disbelief]: [i.e. a land of
recent kufr or kufr of apostasy]. It is a land in which the people entered
Islam, but the disbelievers later overpowered it and their rulings
prevailed therein.
This is in accordance to what we have presented with the statements of
the scholars. [These are places] like the Arab and Asian countries in
which Islam entered, either through conquest or trade.

2- It's relation with Dar al-Islam, whether [a place of ] war or peace:

a) Dar al-Harb [land of war]: This is Dar al-kufr in which there is no

covenant nor safety between them [i.e. the disbelievers] and the
Muslims, and it does not necessitate that there be [an ongoing] war
between the disbelievers and the Muslims. Rather, it is sufficient that
there is nothing to prevent a covenant and security [from occurring].

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 b) Dār Al 'Ahd [land of Covenant]: This is Dar al-kufr in which there is a
covenant between them and the Muslims, to abandon fighting as a
form of peace or truce.
Ibn Abbas, [may Allah be pleased with them both] said; "The pagans
were of two kinds with regards to their relationship to the Prophet and
the believers. Some of them were those with whom the Prophet was at
war and used to fight against, and they used to fight him; the others
were those with whom the Prophet ‫ ﷺ‬made a treaty, and neither did
the Prophet ‫ ﷺ‬fight them, nor did they fight him". [Narrated by Al-
Bukhari]

3- The security of the Muslim [in the land] with regards to his religion
and himself:

a) Dār al-Aman [land of safety]: This is Dār al-kufr in which the Muslims
are safe in displaying their religion and performing the rituals, like
Abyssinia in the early days of Islam.

b) Dār al-Fitnah [land of discord]: This is Dar al-kufr in which the

Muslims are not safe in displaying their religion, but rather they conceal
it and are unable to show any commitment to the Sunnah nor follow it,
as is the case in most of the existing countries today.

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The ruling of a land by Islam or Kufr is not necessarily a permanent
description which cannot be detached

The descriptions of a Dār are not necessarily permanently attached,

but rather they are non-permanent descriptions which are subject to
change depending on the ones who have the upper hand over [the
particular] land and the rulings implemented therein. A land may be
Dar al-kufr at one time, then later becomes Dār al-Islam, just like
Makkah was at the beginning of Islam. It may also be the case that a
land be Dār al-Islam, then it becomes Dar al-Kufr, like Andalusia and
Palestine..

Muhammad ibn al-Hasan al-Shaibani stated: "Dār al-shirk only

becomes Dār al-Islam by the implementation of the rulings of the
Muslims therein, and so the people of Shirk become the people of
Dhimmah by the application of the Muslim rulings upon them". [Sharh
Al-Seer (5/2190]

Sheikh al-Islam Ibn Taymiyyah said, “With respect to the lands, it being
Dar al-kufr, or Dar al-Islam or Iman, or Dar al-Silm or Harb [i.e. land of
peace or war], or Dar al-Ta'a or Ma'siyya [i.e. land of obedience or
disobedience] or Dar al-Mu'mineen or Fasiqeen, are all non permanent
descriptions. They are not necessarily permanent as they may change
from one description to another just as a man himself moves from [the
state of] kufr to Iman and knowledge, and also vice versa. [Majmoo’ al-
Fatawa) 27/45, and he has repeated this in more than one place in his
book]

183
 Ibn Taymiyyah also said: “And the rulings of a place change according
to the change of the condition of it's inhabitants. A place may be Dar-al
kufr if it's people are disbelievers, then it may become Dar al-Islam if its
people embrace Islam, as Makkah was [May Allah honour her]- as the
first of it's matter was that it was Dār al kufr and a place of war". [End
of quote]. [Fatwas (27/143-144)]
He further said in Al-Fatwas (18/282): “And the land being ruled as Dār
al-kufr and Dār al-Iman, or Dār al-Fasiqeen is not an inseparable
description, rather it is a temporary description [the judgment of which
is based] according to it's inhabitants". [End of quote]

The scholars have therefore agreed that Dār al-kufr becomes and may
turn into Dār al-Islam by the manifestation of the rulings of Islam
therein, and the dominance of the Muslims over it.

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 Dependency [of religion] upon the parents is stronger than
dependency upon the land

Whoever is born to Muslim [parents] is a Muslim in judgment, and his

ruling does not alter by the change of land. Likewise, he who is born to
disbelievers and remains with them is a disbeliever [in judgment] a
ruling which does not alter with the change of land.

1_ Regarding the stray [child]: [who is] found in Dār al-Islam or Dār al-
kufr. As for Dār al-Islam, the [scholars] divided it into three types:
The first: a land inhabited by Muslims, and the stray child therein is
[ruled] a Muslim even if there are people of dhimma therein; because if
the Muslims are the majority therein, then what is apparent is that he is
from their children, or it is also possible that he is one of them, so the
judgement of Islam [upon him] is dominant.

The second: a land conquered by the Muslims; and they approved its
[handing over] to the disbelievers with the payment of jizya after they
had owned the land, or they made peace with them but did not own it.
In this case, the stray therein is a Muslim only if there are Muslims
[living therein], otherwise he is a disbeliever.
Also in al-Tatimma, another opinion [was mentioned] that; he [the
stray] is judged to be Muslim due to the possibility that those who
conceal their faith may be present, and that the stray may be his child.
The third: a land in which the Muslims previously lived which they later
evacuated, and the mushrikeen became dominant [in that land]. In this

185
case, if there is none therein who is known by Islam, [i.e. known to be a
Muslim], then he [the stray child] is a disbeliever.
However, [according to] Abu Ishaq al-Marwazi, he stated; "He [the stray
child] therein is a Muslim because the land is Dār al-Islam, and perhaps
someone remained therein who conceals his faith. Therefore, if there is
someone [in the land] who is known for his Islam, then [the stray] is a
Muslim.
The Imam also said; "It is possible that this land falls under [the
category] of Dār al-kufr due to the dominance of the disbelievers [over
the land]. And know that their count of the third type of Dār al-Islam
shows that it is not a condition of Dār al-Islam, that there be Muslims
therein. Rather, it is sufficient that it be in the hands of the Imam and
under his control.
As for their counting of the third type, indeed it is found in the
statements of the companions [of Imam Shafi'i], which inform us that
the land previously occupied by Muslims is enough of an evidence [in
their view] that it remains as [Dar al-Islam] in ruling. I [the author] have
seen some of the later [Shafi’is] who regarded [the ruling] of the land
[as was mentioned], to be Dār al-Islam as long as the people were not
prevented from [practising] the rituals, but if they were prevented,
then it is Dār al-kufr [in ruling].
[Al-Aziz’s book, Sharh Al-Wajeez, known as Al-Sharh Al-Kabeer by Al-
Rafi’i, 6/403]

2_ As for Dār al-kufr in which there are no Muslims, the stray [child]
therein is ruled to be a disbeliever. However, if there are Muslim
merchants living there, then there are two opinions:

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The first: that [the stray child] is a disbeliever by dependency upon the
land, [which is the correct of the two opinions].
Second opinion: It is narrated from Ibn Abi Huraira; that he is a Muslim.
This is due to the possibility [that a Muslim may be one from amongst
the residents] and so [this ruling is made] due to Islam being superior
[over all other religions]. If there are captives therein, [the ruling]
follows on into two [further] categories:
The Imam saw [the need] to [concisely] arrange the difference [of
opinion], [in which there is a disagreement] regarding [the issue of
ruling the stray child with Islam by dependency upon the merchant,
due to the fact that they are under control [i.e. their movement in the
land is restricted to the market places]. He said; "And this disagreement
is similar to a people who are widespread [in the land], except that they
are prohibited from leaving the town. As for those who are imprisoned
in cells, they do not tend to have an affect [upon the ruling of the stray
child] just as the Muslim who passes through [a land of kufr] has no
affect [upon the ruling of a stray child]. So [based upon this], we have
ruled the stray with disbelief. However if the inhabitants of the land are
of different religions, then the analogy made here, is to rule him to be
of the best of them in religion.

And his saying in the book; “Every stray child found in Dār al-Islam is
ruled with Islam”, meaning in the general sense. However, you have
come to know from what we have mentioned, that the matter is of
detail, unless he [the author] specifically intended the first category [i.e.
Dar al-Islam in which the Muslims are the majority], in which case the
statement applies in the general and absolute sense.

187
And his statement, “Unless there is a Muslim residing therein,”
indicated those who pass-by [in the land], though this choice [of
opinion] has no affect [upon the ruling of the stray child]. Therefore,
you have come to know that the child who is ruled with Islam [i.e. being
Muslim] is by dependency to the land, unless he reaches adolescence
and refuses [to belong to the religion] by his own accord. [Kitab Al-Aziz
, Sharh Al-Wajeez, known as Al-Sharh Al-Kabeer by Al-Rafi’i 6/404 I Al-
Alamiah]

■ Point of evidence: In Dar al-kufr Tari', [which is subject to recent

[occurrence] of disbelief, the stray child therein is ruled with Islam due
to the possibility of the presence [of someone] who may be concealing
his faith. Therefore, with the presence of possibility, certainty falls. This
diminishes [the principle] of the religion of the heretics who have a
poor understanding [of the rulings], who acknowledge the existence of
the possible, yet they claim that the issue is conclusive, which is a claim
contrary to the definition of certainty.

3_ As for Dār al-slam which is inhabited by disbelievers, then it is of two

types:
a) A land which the Muslims conquered, which consequently came
under their possession, but they approved of the disbelievers to remain
therein with the payment of jizya. This is Dar al-Islam because the rules
of Islam are implemented therein. If a stray child is found therein and
there are Muslims [residing in that land], even one [Muslim].. then he
will [be the reason] to rule the Islam of the stray child who was found,
whether that Muslim entered [the land] as a resident or as a merchant,
giving precedence to the ruling of the land [i.e. it being Dār al-Islam],

188
and due to the rule of Islam [being implemented in the land]. However,
if that Muslim says "This is not my child”, his statement is accepted in
denying his lineage to [the stray child], but the ruling of his conversion
to Islam is not invalidated by that.
If no Muslim enters [the land], then the stray therein is a disbeliever
because it is not possible that he be the child of a Muslim.

b) If [the land] is Dar al-Islam, but the mushrikeen overpowered the

Muslims and expelled them from [the land] such as Tarsus, and the land
of Al-Quds, Al-Masisa and similar frontier [lands], then in [such lands], if
there are Muslims [residing] amongst the disbelievers and a stray child
is found therein.. he is ruled with Islam, [i.e. Muslim]. This is due to the
combination of the ruling of that land and due to the Muslim residing
therein. On the other hand, if there are no Muslim [residing], then it of
two categories:
Ibn al-Sabbagh said; "The stray child found therein is not ruled with
Islam because it is not possible that he be the child of a Muslim".
However, Ishaq said: "He is ruled with Islam because it is Dar al-Islam,
and it is possible that a Muslim remained in hiding [due to fear for
himself] and this child belongs to him".
As for Dar al-shirk in which the mushrikeen live, like the Romans, the
Turks, and others: If there are no Muslims [residing] in that land.. then
the stray child found therein is a disbeliever because the land is Dar al-
kufr.
However, if they have a Muslim captive or other such person with
them..
There are two opinions regarding this:

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The first: that he is a Muslim, giving precedence to the Muslim who is
residing there.
The second: that he is a disbeliever; because it is possible that he [the
stray] is the child of a Muslim, and it is also possible that he is the child
of a disbeliever.. and because disbelief prevailed [in that land] and the
land is Dar al-kufr, and also due to the fact that the disbelievers are the
majority therein, [the child is ruled to be a disbeliever]. In addition, it is
evident from the [condition] of the prisoner that he is not able to have
intercourse by marriage or otherwise, [and so the child is ruled to be a
disbeliever] [Al-Umrani, Al-Bayan fi Madhhab Al-Imam Al-Shafi’i, 8/14]

4_ And if the land is a land of the Muslims and the mushrikeen reside
therein, it is of two types:
The first type: That the Muslims conquer a country from the lands of
shirk and take possession of it, and approve it's people to reside
therein. In this case if a stray child is found in it - [the case is] looked
into:
If there is only one Muslim in the land: the stray is ruled with Islam, and
if there are no Muslims in it, then he is ruled as a kafir.
The second type: that the land is Dar al-Islam originally, but it's people
fled and the disbelievers prevailed over [the land] and settled therein: If
a stray child is found in [this land], and there are no Muslims therein,
Abu Ishaq stated that [the stray child] is still ruled with Islam because
the land originally belonged to the Muslims, and it is possible that there
was a Muslim hiding therein, and this [stray] is from him.

190
And according to the madhab: [the stray child] is judged to be a
disbeliever, as is [the ruling] of the first type. And if the land is Dār al-
shirk [land of the people of shirk] - the case is investigated: If there are
no Muslims [residing] therein, then the stray is ruled with kufr. If there
are Muslim prisoners and merchants, then there are two opinions
regarding [the case]:
The first: He is judged to be a disbeliever, by dependency upon the
land.
The second: He is ruled with Islam, due to the possibility that [the stray
child] is from a Muslim, giving precedence to the ruling of Islam. Note
that every instance wherein we have ruled the stray with Islam, if a
disbeliever takes him [claiming the stray child belongs to him] , then the
[ruling of Islam] is removed from him. [Al-Baghawi, Al-Tahdheeb fi Fiqh
al-Imam al-Shafi’i, 4/571]

5_ The second issue: The one [upon which] the evidence is based,
which is the intended [issue] in itself is that if the stray child who is
found in Dar al-Islam, regarding whom a dhimmi claims belongs to his
lineage, and establishes evidence for [the claim], then he [the stray],
would follow him in disbelief, and what we thought [i.e. his ruling with
Islam] would be removed. This proves that the dependency [of religion]
upon the Dār [land] is weak. In the case that [the claim of the dhimmi]
is limited to a mere claim [without evidence], then there is a difference
[of opinion] regarding this. This is what Al-Muzani narrated in 'Al-
Mukhtasar' from the text of Al-Shafi’i - [may Allah be pleased with him]-
in which he stated: "I would prefer to make him Muslim [in judgment]
regarding the prayer upon him [if he dies] and to order for him to
convert to Islam if he reaches maturity without compelling him". Also,
he - [may Allah be pleased with him] - stated in 'Kitab al-Da’wa'; "I

191
would prefer to make him a Muslim", by which [some] among his
[Imam Shafi'is] companions held two opinions:
The first: that he [the stray child] is ruled to be a disbeliever because he
follows him by dependency, and if his lineage is proven, he follows him
in religion as though the evidence was based on lineage.

The second: which is the most correct of the two [opinions]: Denial [of
the claim]; Because we have ruled him [to be from the people] of Islam
we cannot change this [ruling] merely because of the claim of a
disbeliever. Also, it is possible for him to be his child, but from a
Muslimah [parent]; in which case the religion does not follow lineage.
Abu Ishaq and others said: “It is asserted that [the stray child] is a
Muslim as he mentioned in the claim, and his statement is supported
here, as if the evidence is based on lineage, and this is the most correct
of the two opinions according to the majority". [Al-Aziz’s book, Sharh
Al-Wajeez, known as Al-Sharh Al-Kabeer by Al-Rafi’i, 6/406 i]

■ Point of evidence: The matter of the Sharrā heretics is indeed

strange. How they united on foolishness and poor understanding [of
the religion], yet are divided [amongst each other] in their false
principles!!!!
From the sects of the Khawarij are those who consider dependency [of
religion] upon the land a matter of 'Asl al-Iman' [foundation of faith],
and have made dependency upon the parents a subsidiary matter of
jurisprudence, although in reality, dependency upon the land is
secondary in comparison to the dependency upon the parents and not
vice versa. The children of Muslims are ruled with Islam by dependency
upon their fathers, even if they reside in Dār al-Harb. and likewise, the

192
children of the Mushrikeen are ruled with kufr, due to their
dependency [upon their fathers] even if they reside in Dār al-Islam.
6_ Section: If the one whose religion is unknown, dies and leaves two
disbelieving parents and two Muslim sons, and his parents claimed that
he died a disbeliever, while the two sons claim that he died a Muslim,
and neither of them are able to produce any evidence for their claim.
Ibn Surayj mentioned two opinions regarding this situation:

The first opinion: is [in agreement] with the statement of the

disbelieving parents [while under oath], because his disbelief prior to
him reaching adolescence was known for certain [by dependency upon]
their [the parents] kufr. Then in this case, the claim of the two sons
regarding his conversion to Islam is not accepted, because his original
[ruling] is of his [previous] kufr. [i.e. that we base the ruling on the fact
that he was previously a disbeliever].
The second opinion: His inheritance is suspended as [his condition] is
the same in both cases, until after he reaches adult-hood [after which it
will be made clear whether he remains upon] Islam or disbelief. This is
because what was before adolescence [regarding his religion] was due
to dependency, which was not achieved [by his own accord] until after
adolescence, even if his parents are Muslims, and his two sons are
disbelievers. [Al-Hawi al-Kabeer in the jurisprudence of the school of
Imam al-Shafi'i 17/339]
[The Book of judgements and Oaths with the Witness and what it
includes of differences in statements etc]

■ Point of evidence: The consideration given to the dependency [of

religion] upon the parents, with regards to giving precedence to the

193
religion of the unknown [individual] in the case that he died, without
even mentioning the [ruling of] dependency upon the land at all,
indicates to the foolishness and a poor understanding of those who
consider the dependency upon the land from Asl ad-Din, or consider it
a cause for takfeer and make ruling by it a certain matter. If the matter
was as these ignorant ones claim, then the matter of the inheritance
regarding the unknown individual would have been resolved by it.

■■■

194
 Islam of fitrah [natural disposition] is a stronger sign than
dependency upon the land and has precedence in ruling with
regards to the [religion of the] child

A) - Al-Khalal said that Muhammad bin Yahya al-Kahhal told me that he

asked Abi Abdullah [Imam Ahmad]: “What is the ruling of a child who
leaves his parents and they are Christians?" He replied, "He is a
Muslim". I asked, If he dies, do the Muslims pray upon him. He said,
"Yes". ['Ahkam Ahl al-Milal' 1/90 (61]
Al-Khallal said that Abd al-Malik al-Maimuni told me, he said: "I asked
Abu Abdullah before he was imprisoned, regarding the [ruling] of the
young child who leaves the land of the Romans without his parents,
and he said, "If he dies, the Muslims must pray upon him". [Same
source]

■ Point of evidence: This child who left while still being taken care of by
his parents, and is dependent upon them as long as they are able to
take care of him financially, [is a Muslim]
It is evident [from this] that the ruling by Fitra [natural disposition] is
stronger and is given precedence [in ruling one's religion] according to
the Salaf, than ruling by dependency upon the fathers or the land.

B) - The same is said according to the students of [Imam] Malik.

They concluded that the fitrah is the strongest sign with regards to the
ruling of the child's [religion] than dependency upon the parents, and
[the fitrah of a child is also stronger] than [showing] a symbol of the

195
religion of a people, like if one is found dead in a church dressed like
the Christians.

Ibn Abi Zayd al-Qayruwani said; "And in the [book] of Ibn Habib, he said
regarding the stray child who has died, or is alive and then later dies
while still young: "He must be prayed upon even if he is found in a
church, and even if he has symbol of Christianity upon him". [Anawādir
Wa-Ziyādāt 'alā mā fì Al-Mudawwinah min Ghayrihā minal Ummahāhat
1/608]

■■■

196
 The judgement of the land and the [ruling of the] inhabitants are
not related

We shall address [this issue] from two [different] aspects:

The first aspect: When the scholars divided the lands into Dār al-kufr
and Dār al-Islam, the cause upon which they built this division was the
dominance of the rulings. If the rulings of disbelief are made dominant
and are manifested by which the people are judged, then indeed this
land is attributed to the disbelievers, and likewise if the rulings of Islam
are dominant. Therefore, the scholars did not pay attention in
restricting the definition of the land to it's inhabitants. Thus, we learn
through this, that there is no relation between the ruling of the land
and the ruling of it's inhabitants.
Hence, Al-Rafi’i said in Sharh Al-Wajeez, vol. 8, p. 14: "It is not a
condition of Dār al-Islam that there be Muslims residing therein.
Rather, it is sufficient that it be in the hands of the Imam and his Islam".
[End of quote] Therefore, the ruling of the land is not withdrawn due to
[the condition of the] individuals, according to the consensus of the
scholars.

The second aspect: by studying the events of [the life of the] Prophet
‫ ﷺ‬and the events of the Muslims by which [we come to know]:

Firstly: Makkah was Dār al-kufr and Shirk, and the Messenger of Allah
‫ ﷺ‬along with his honourable companions lived there in which the

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mushrikeen were dominant, and their rulings were implemented and
their word was manifest [therein]. Is it necessary from that to withdraw
the ruling of the land, or that it was Dār al-kufr based on it's
inhabitants.. ‫ﷺ‬. Definitely not, for whoever says such a statement is a
worse disbeliever than the cursed Iblis. Likewise, [the ruling] was also
not withdrawn based upon the honourable companions, and whoever
says that this matter is specific [to their era], then we require him to
present evidence.

Secondly: When the Muslims conquered Khaybar in the seventh year

Hijri, it was inhabited by Jews and not a single Muslim was found there.
Despite that, it was Dār al-Islam by the consensus of the Muslimeen,
and this [ruling] was achieved as soon as it was conquered and the
word of Islam and its rulings were elevated therein, and none claimed
that the Jews therein were Muslim by the mere fact that it had become
[land of] Islam. Indeed Al-Bukhari narrated in the Sahih in the book Al-
Maghazi, Chapter: The Battle of Khaybar: In which [it is stated] that, "he
‫ ﷺ‬appointed a man from the Ansar over Khaybar". [End of quote]. And
the Jews remained in Khaybar until Ibn Al-Khattab expelled them during
his caliphate.

Thirdly: When Egypt fell to the Ubaidiyeen in the year 358 AH, it
remained under their rule for two centuries. They spread their
disbelief, misguidance, shirk, [their beliefs of] Rawafidh and heresy, and
they took over [the land] and dominated their rulings therein.
Thereafter, Egypt became Dār al-kufr and riddah [apostasy], but it's
people [remained] upon Islam, and none of the scholars ruled them
with disbelief or apostasy, because the ruling of the land is not

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withdrawn due to the [condition of the] individuals [residing therein] by
consensus.
If we were to mention the facts of history which testify to this issue, [it
would require no less than] a lifespan. So the study of the events of the
[Islamic] nation is a witness to our issue that.. it is not known from [the
history] of Ahl al-Sunnah to have ever stated when describing a Dār [in
ruling], that [it has] any relation to the inhabitants, [whether the land is
described as a land of kufr or Islam, rather, this is only the saying of the
Khawarijis.

■■■

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 Summary of this section

The issue of the Diyār [lands] is from the matters of ijtihād. The result
being that the confusion which the heretics have is often regarding the
majhool al hāl [i.e. one whose condition of religion is unknown], and
with that [confusion] they pass its rulings upon the weak mastoor al hāl
Muslims [i.e. one who wears or has signs of Islam], from whom a
nullifier did not appear individually.

■ Majhool al hāl [one whose condition [of religion] is unknown: It is

every person from whom the signs of disbelief or Islam are not
apparent, and so his ruling is according to the condition of each town
and village.

1- Majhool al hāl in Dār al-Islam: he is a Muslim by dependency upon

the land, unless contrary to that appears from him with certainty,
either by him committing a nullifier or being a dhimmi, or he is one
[granted] safety.

2- Majhool al hāl in Dār al-kufr asli: [original land of disbelief]: he is a

disbeliever. However, if Islam appears from him [with evidence]
through text [i.e. Quran and Sunnah], signs or by dependency upon
Muslim parents, or even one [Muslim parent], then he is a Muslim.

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3- Majhool al hāl in Dār al-kufr Tari': [i.e. a land in which disbelief
occurred recently]: his ruling is according to the type of dominance, the
manifestation of rulings, support and the [degree] of unity [of the
enemy] over [the land], meaning, according to the degree of seizure,
whether it is complete or incomplete.

a) If apostasy and the rulings of Shirk prevail and the people of the land
unite upon a principle of kufr and [show] support for it, taking
possession of the land, then each individual [from amongst] the people
of that land [as a whole] are disbelievers by dependency [upon the
land], as their condition is known to be of kufr. The one whose religion
is unknown amongst them follows them [in religion] and Islam is not
affirmed for him except by investigating [his condition], as in [countries
such as] Iran and Tartous, Suwadā in syria, the southern suburbs of
Beirut, Qatif, Najaf, Kufa and its likes, which are among the areas in
which it's people posed as combatants [in support of] Shirk, and no
consideration is given for rituals [in these lands] like in the land of
Musaylimah the liar, in which a particular individual was not ruled with
Islam, except by the [pronunciation] of the two testimonies and
[declaring] innocence [from what he committed of the nullifier] and
returning [to Islam] from the door from which he left, as stated in the
chapter on the repentance of the apostate.

b) If the Muslims remain dominant therein [in practising] their religion

while [displaying] their rituals, even though the rulings of disbelief
prevail, and the [land is] overpowered by the twāgheet [rulers] who
have apostated, who fight against the aqeeda of walā and Barā under
the pretext of combating terrorism and false rights of humanity, while
none from among them openly declare war upon Islam and it's people,

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and no one has announced a complete confrontation against the
religion of Islam, while doing exactly that in a practical manner. As for
the one [whose condition of religion] is unknown [in these lands],
whom we do not know and nothing appears from him which indicates
his religion, then he is in a state [upon whom] ijtihaad [is made]:

1_ If the majority of the people [in that land] are Muslims, then he is
[ruled] as a Muslim.
2_ If the majority of the people [in that land] are individually [as a
whole] disbelievers, then he [too is ruled as] a disbeliever.
3_ If the ratio of disbelievers to the Muslims is equal, then he is a
Muslim due to the superiority of Islam.

As for the specific individual who [openly proclaims] the two

testimonies and [displays] rituals, then Islam is affirmed to him by
name, and he will be granted protection, and the rulings of the people
of Islam in this world will be applied to him. For this description [of
being Muslim] to continue, it is necessary for him not to commit any
nullifier with certainty, without doubt, and dependency has no affect in
changing the ruling of a child or the responsible adult [in this regard].
This [individual] is referred to as being 'mastoor al-hāl' [one who has or
wears signs of Islam]. If he appears to have clearly committed a
nullifier, for which the evidence has been proven against him clearly,
then there is no consideration given to the rituals [he performs] along
with the presence [of the nullifier]. If he claims [it was committed in]
ignorance or [due to] imitating, then with regards to the nullification of
the asl [foundation] of ones Islam, there is no excuse [given to him]

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until he repents and returns [to Islam], and if he dies without
repentance, he dies a disbeliever.

Allah the most High said: {Indeed, those who have believed and
emigrated and fought with their wealth and lives in the cause of Allah
and those who gave shelter and aided - they are allies of one another.
But those who believed and did not emigrate - for you there is no
support of them until they emigrate. And if they seek help of you for
the religion, then you must help, except against a people between
yourselves and whom is a treaty. And Allah is Seeing of what you do}.
[Al-Anfal:72]

■ Point of evidence: Allah [Azza Wa Jal] has affirmed [for them ] the
rule of Iman, even though they remained in Dār al-kufr.

Commentary concerning the majhool al hāl [one whose condition of

religion is unknown]: the basic principle [to understand] which
concerns us is that Allah has not required us to rule him with a specific
ruling, whether of Islam or kufr... until we ask him about his religion
Like the questioning of Prophet ‫ ﷺ‬to the slave girl - or asking [others]
regarding him [the unknown], or by those who justly witness to his
religion.

If we need to pass a ruling upon him for the purpose of dealing with
him in a specific manner, in which the believer and the disbeliever are
not dealt with in the same manner, such as granting freedom and
commencing the greetings of peace and so on - and we are unable to

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ask him about his religion - which is the [correct] principle - or to ask
[others] about him, then he is to be ruled on the basis of the strongest
thought [one is inclined to], based on a judgment of ijtihad, according
to the condition of the [people in] that village or town in which he
resides.

-If the town is dominated by disbelievers and the [ruling] of Muslims

therein is rare, then he is ruled with disbelief.
-If [the land] is dominated by Muslims and the [ruling] of disbelievers
therein is rare.. then he ruled with Islam.
-If the two are equal in ratio or close in the numbers of Muslims to the
disbelievers in the town or village, and one is unable to ask him or
question others about him.. then in this case, some scholars give
precedence to Islam and make it superior in ruling and therefore rule
him [the one whose condition is unknown] with Islam, due to
precedence given [in making] Islam supreme..

The original principle is as we stated, that we do not rule [the one

whose condition is unknown] except after asking him [directly] or
asking [others] about him, as the Prophet ‫ ﷺ‬did to the slave-girl before
he freed her.

With repetition of the warning, [note] that we do not attach legal

[shar'i] rulings to false conditions and customs which are invalid in
Islam, like the borders of Sykes-Picot or others.. So we do not say, for
example; what is the ruling of the people of Egypt, Germany, Sweden,
Tunisia.. etc.

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Rather, we rule as the Qur’an ruled, upon each town and village
[separately] according to it's condition. Makkah was Dār al-kufr and it
was a small town, while in its vicinity was the small town of Madina,
and it was Dār al-Islam. So we do not say; what is the ruling of the
people of Saudi Arabia or Syria in general! Rather, we rule each town
and village separately, just as the Qur’an ruled by villages.

■The people are generally [categorised] as follows:

1_Ma'loom al hāl: those whose condition [of religion] is known [with

certainty]:
a) With kufr, and so they are [ruled] disbelievers in every place.
b) With Islam. Those who manifest the religion with the tongue, or with
both the tongue and the sword, like the people of jihad, and Allah is in
charge of their inner affair of the heart.

2_ Mastoor al- hāl: those who have/wear signs of Islam. Those who
display Islam and its rituals and are not known to have [committed] a
nullifier with absolute certainty. They are the weak [and oppressed]
Muslims in any place, who do not [openly] declare disassociation and
separation [from the disbelievers], so we apply upon them the
apparent rule of [granting] protection, allegiance, and [other] rulings of
Islam and we entrust their secrets to Allah the Mighty and Sublime..

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3_ Majhool al- hāl: [those whose condition [of religion] is unknown]:
Allah [Azza Wa Jal] has not required us to pass a ruling upon them with
a specific ruling, until we ask them about their religion, or by asking a
just and trustworthy people about their religion. If one is unable to ask
him or ask [others] about him, then we make ruling upon him by ijtihād,
and the strongest thought [one is inclined to], according to the
condition of the [people] of the village or town in which he resides.

■■■

206
 Summary of the Chapter

■ Methods and signs of ruling [one] with Islam

1_ Pronunciation of the two testimonies: due to the hadith of the

Prophet of Allah ‫ ﷺ‬: “I have been commanded (by Allah) to fight the
people until they testify that there is no true god except Allah, and that
Muhammad is the Messenger of Allah". [Bukhari1/14] Also the hadith
of Usamah ("What would you do with regard to (the utterance) of La
ilaha illallah, when it comes (before you) on the Day requested of
Resurrection?") [Muslim 1/68] And the hadith in which the Prophet ‫ﷺ‬
requested his uncle to accept Islam: ("O uncle! Say: None has the right
to be worshipped but Allah, a sentence with which I shall be a witness
(i.e. argue) for you before Allah.") [Al-Bukhari 2/95] And the hadith of
Mu'adh when he went to Yemen, in which the Prophet said: ("Call them
to testify that there is none worthy of worship except Allah and that
Muhammad is the Messenger of Allah".) [Al-Bukhari 1/28] and others

2_ The statement of an individual: His statement "I am a Muslim": And

his saying, "I embraced Islam for Allah's sake", due to the hadith of
Miqdad bin Al-Aswad: (“And then takes refuge by a tree and says “I
embraced Islam for Allah’s sake.") [Al-Bukhari 5/85]. Or the incident in
which Khalid, [may Allah be pleased with him], killed the prisoners of
Bani Judima, the incident of Khalid ibn al-Walid: ("And he summoned
them to accept Islam. When they did not express their acceptance of
Islam properly but began to say, "Saba'na Saba'na" ["We have changed
our religion, we have changed our religion,”] [Al-Bukhari 5/160] And

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the hadith of the Jewish boy, in which the Prophet said to him:
("Embrace Islam." The [little boy] looked at his father who was sitting
beside him. He said: "Obey Abul-Qasim (i.e., the Messenger of Allah ‫ﷺ‬,
so he embraced Islam). [Al-Bukhari 2/94]

3_ Praying alone or in congregation: Due to the hadith of Anas, [may

Allah be pleased with him]: "Whoever prays as we pray". [Al-Bukhari
1/87] And due to the consensus of the Salaf regarding the ruling of the
original infidel [kafir asli] if we see him praying prayers, [that he is to be
ruled with Islam].

4_ Raising the call of Adhan [call to prayer]: because it includes the

two testimonies [Fath al-Bari: 2/90]. Also review the reason for the
revelation of the verse: {If there comes to you a disobedient one with
information..}.

5_ Hajj: There is a difference of opinion [amongst the scholars] due to

the fact that the mushrikeen also used to perform the Hajj, and the
correct [opinion] is that it is [considered] a sign [of ones Islam] because
the Prophet ‫ ﷺ‬forbade [the disbelievers] from that in the year 9 AH and
informed them of that [in his saying]: “After this year no polytheist may
perform the pilgrimage". [Al-Bukhari 1/82]. Also review the reason for
the revelation of Surah Al-Tawbah, verse 3-4.

6_ Testimony of a Muslim man for him: Like the testimony of the

Prophet ‫ ﷺ‬for the Negus, when he prayed the funeral prayer for him on
the day of his death. The Companions did not know of his conversion to

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Islam until then, and the hadith [regarding this] is agreed upon.
Likewise, the testimony of Ibn Mas'ud concerning the conversion of
Suhail bin Bayda in the story of the prisoners of Badr and the hadith
[regarding this] is narrated by al-Tirmidhi and graded as Hasan. [Nil al-
Awtar 8/148]

4361 - If the Muslims capture captives from the Romans, then a Muslim
man [whether he is] free or enslaved, or even the one upon whom the
limit [hudood] was applied due to him slandering [a chaste woman]
bear witness [to the captives Islam), or a free or enslaved Muslim
woman who bears witness, provided the witness is accepted by the
Muslims, [testifying] that this captive from the mushrikeen had
embraced Islam before he died, and the witness described his
conversion to Islam; then in this case the Muslims must pray upon him
and seek forgiveness for him because praying over the dead is a
command from the commandments of religion, and the statement of
one just individual in matters of religion is acceptable, just as his
informing [someone] of the purity and impurity of water is accepted,
and just as his [informing] of the crescent of Ramadan is accepted and
as the reported narrations from the Messenger of Allah ‫ ﷺ‬are accepted
[from him].

4362 - This is based on the evidence of what was narrated on the

authority of Saeed bin Dhi Luqwa that the Messenger of Allah ‫ ﷺ‬:
”..asked forgiveness for the Negus three times when Jafar bin Abi Talib
came to him - [may Allah be pleased with him] - and informed him that
he had believed in him".[The Great Biography of Al-Rafei 1/2201 7]

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7_Dependency upon [both] Muslim parents or one of them, and the
dependency upon the master [in accordance] to its conditions: This
rules the child who has not yet reached adolescence with Islam, in
accordance to a hadith: "And so his parents convert him to Judaism or
Christianity or Magianism". [Al-Bukhari 2/94] And due to the consensus
[of the scholars] that children follow their fathers in worldly rulings.

■ Circumstantial evidence which can only be [used] to rule [upon an

individual] after confirmation:

1_The greeting of Islam: Whoever greets with the salam, then it is

circumstantial [evidence] of his Islam and is not conclusive, due to the
fact that the disbelievers say it out of courtesy and concealment [of the
truth].
The evidence for this is due to the statement of Allah Almighty: {O you
who have believed, when you go forth [to fight] in the cause of Allah,
investigate; and do not say to one who gives you [a greeting of]
peace, "You are not a believer," aspiring for the goods of worldly life}
[Nisa:94] Also, review the books of tafseer as we have presented and
see the reason for the revelation of this verse.

2_ The apparent guidance of [signs/symbols]: such as clothing, beard

and turban, especially in the event of war, as was mentioned from Al-
Thawri, Al-Shafi’i and others in what we have previously mentioned,
and in identifying the dead whose religion is unknown. The Most High
said: {Their sign is in their faces from the effect of prostration [i.e.,
prayer].} [Al-Fath:29]

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 Muhammad bin Al-Hassan said: "And if Muslims enter a city from the
cities of the mushrikeen forcefully, with strength, then it is not wrong
for them to kill any of their men whom they meet, unless they see a
man with the sign of the Muslims upon him, or a sign of the people of
dhimma with the Muslims, for then they must confirm his affair until
his condition [of religion] becomes clear to them". And he presented
the [verse] in evidence: {Their sign is in their faces from the effect of
prostration [i.e., prayer].} [As-Sir al-Kabir 1/1444]

There are other matters that are considered to be circumstantial

[evidence], upon which the ruling of one's Islam is based, like reciting
the Qur’an, enjoining good and forbidding evil, jihad and other such
[circumstantial] evidences.

■ Types of the Dārs [lands] and its relation to our issue:

1_ Dar al-Islam: It is a land in which the rulings of Islam are superior

and are implemented due to the strength of the Muslims, and no
consideration is given to the inhabitants when naming the land [in
ruling], as it may be inhabited by the people of dhimma.

The people living [in this land] are Muslims by dependency upon the
land, when they display the actions [especially with regards to their
own selves] which rules them with Islam. Also, the sane adult majhool
al hāl [whose condition of creed is unknown] therein is also a Muslim,
unless a distinctive sign of disbelief appears from him or upon him. A
stray child found therein is also [ruled] a Muslim unless one of the

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disbeliever who is a dhimmi or one granted safety, produces evidence
of him being his child.

And whoever openly commits a nullifier is an apostate, as long as there

was no valid preventative present, [which prevents the ruling of
apostasy upon him], and he is to be killed for the apostasy [which
causes him to become] a combatant, or he must seek repentance for
the apostasy, as it is the desired [thing to do]. His repentance in this
case would be by returning and disavowing the disbelief which he had
committed, thus entering through the door [of Islam] which he had left.

2_ Dar al-kufr Asli [land of original kufr]: It is a land in which the rulings
of kufr are made supreme and are implemented since ancient times
and the Muslims did not [previously] take over it, or [it is a land] in
which the general population converted to Islam and their rulings are
implemented due to the strength of the disbelievers..

The people [in this land] are individually, [as a whole] disbelievers, and
the mukallaf [sane adult] therein whose [condition of creed] is
unknown is also a disbeliever by dependency [of religion] upon the
land, as long as he does not display a distinct sign of Islam. The stray
child found therein is also ruled a disbeliever by dependency upon the
land, unless we know of any Muslims residing therein [in which case] he
will be ruled with Islam [i.e. Muslim], due to [giving] precedence [to the
ruling] of making Islam supreme, as long as no evidence arises
regarding the disbelief of his parents.

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The sign of Islam [by which] ruling is made [upon an individual] is to
pronounce the two testimonies with intent and by choice [which is an]
obligation, and the [additional declaration] of innocence which is
desirable [and not obligatory]. Also, from the signs of Islam [by which
ruling of Islam is made upon the individual] are the apparent rituals
which distinguish Ahl al-Sunnah wa’l-Jamaa’ah from others, provided
we do not see that he [has committed] a nullifier, which must then be
proven by witnessing, hearing, he [himself] admitting to it, or by the
testimony of two just witnesses, without the presence of any shar'i
preventative [which prevents the ruling of apostasy from being
applied].

3_ Dār al- kufr tari' [The land of [recent] disbelief]: It is a land which
was previously Dār al-Islam then:
1_ [The first type]: The disbelievers took over [the land], or the ruler or
the people of the land became an apostate. Or ..
2_ [The second type]: The people [of this [land] united upon a principle
of kufr and refrained [from Islam] with power, so the rulings of disbelief
were implemented and supported by the people [of that land] with
strength, and no Muslim remains secure in his religion therein.

The people [belonging] to the first [type of land] are [ruled] according
to what each of them displays of his own self. So whoever displays
Islam by the [pronunciation of the] two testimonies, or [performs]
recognized rituals such as prayer and the Adhān of the Ahl- Sunnah, or
his conversion to Islam was proven by the just testimony of the
Muslims, and he did not display to us that which contradicts it [i.e.
nullifier] which [if committed] must be proven against him by shar'i

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proof, by visibly seeing [him commit the act of the nullifier] or hearing
him, or [he himself] acknowledges, or by the testimony of two just
Muslims, then this [individual] is a Muslim 'mastoor al hāl' [who wears
or displays signs of Islam] upon whom the apparent rulings of Islam are
applied, such as protection, loyalty, and other worldly rulings, and we
entrust his secret [inner affairs] to Allah Almighty. However, if we come
to know of him [having committed] a nullifier, then he is an apostate,
and his conversion to Islam shall be made by repentance and
[declaring] innocence of what he had fallen into of disbelief, and
entering through the door [of Islam] from which he had exited. If
following his apostasy, he has children, then they inherit the apostasy
of their parents, except those of them who display Islam, whether [they
are of the age of tameez], or adult, and they declare innocence [from
their parents apostasy], then he is ruled a Muslim.

The mukallaf [sane adult] whose condition [of religion] is unknown

therein [is ruled] according to the condition [of the land]:

1_ If the majority of the people [in that land of recent disbelief] are
Muslims, then he is [ruled] as a Muslim.

2_ If the ratio of disbelievers and Muslims is equal, then he is also

[ruled] as a Muslim, due to precedence given in making Islam supreme,
unless a sign of disbelief appears from them specifically, and it is
proven with certainty from their individuals, then they are [ruled] as
disbelievers.
3_ If the majority of the people [in the land] are disbelievers for
certain, then he is also [ruled] as a disbeliever..

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As for the stray child [in that land], he is a Muslim, giving precedence
[to the ruling] of making Islam supreme, only if we know that there are
Muslims [residing] therein, unless it is proven that his parents are
disbelievers.

And the people [belonging] to the second [type of land] are all
disbelievers [individually], and the unknown [person] therein is a
disbeliever by dependency upon the land, and there is no consideration
given for the pronunciation of the two testimonies or rituals therein.
The Islam of it's residents is proven by repentance and [a declaration]
of disassociation from what they have fallen into of disbelief and by
entering [Islam] through the door from which they left, [which is to be
done] before the Muslims [in authority] have the ability [to carry out
the punishment] upon them.

Allah the Most High knows best, and He guides to the right path..
Ameen.

Your Brother Nasir al - Sunnah al - Qurashi ‫حفظه هللا‬

‫الحمد هلل بنعمته تتم الصالحات‬

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