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Q: When is it permissible to declare a person a Kafir (disbeliever) and when is it impermissible? What type of Kufr (disbelief) is mentioned in Allah's statement, Surah Al-Ma'idah, 5: 44 And whosoever does not judge by what Allıh has revealed, such are the Kıfirın (i.e. disbelievers of a lesser degree as they do not act on Allıhıs Laws).?
A: You should explain to us the issues that you find confusing in order to give you the ruling.
Regarding the type of Kufr in Allah's statement,Surah Al-Ma'idah, 5: 44 And whosoever does not judge by what Allıh has revealed, such are the Kıfirın (i.e. disbelievers of a lesser degree as they do not act on Allıhıs Laws). it is major disbelief.
In his Tafsir (exegesis of the meanings of the Qur'an), Al-Qurtuby said that Ibn `Abbas (may Allah be pleased with them) and Mujahid (may Allah have mercy on him) said, "Whoever does not rule according to what Allah has revealed, contradicting the Qurıan and denying the statements of the Messenger of Allah (peace be upon him) is a Kafir (disbeliever)."
However, if someone rules according to other than what Allah has revealed because of bribes, enmity toward the convicticted, being a relative to or having ties of friendship with the plaintiff...etc., while knowing that they are disobeying Allah, they do not commit major disbelief. They are just disobedient. They commit an act of Kufr, injustice, and Fisq (corruption) without deliberately being a Kafir, unjust or Fasiq (someone openly and flagrantly violating Islamic law; corrupt).
May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!
Permanent Committee for Scholarly Research and Ifta'
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sajid_chauhan_81
13-06-2009 @ 9:04 PM
