The Third Issue

Circumstantial evidence has no bearing in determining whether or not one engaged in an act based on istiḥlāl. The evidence for this is found in the story of the man who killed a group of Muslims. When Usāmah ibn Zayd (may Allāh be pleased with him and his father) captured the man, the latter pronounced the Shahādah. However, Usāmah killed him, assuming that he only said it to save himself from the sword. The Prophet ﷺ rebuked him, saying: ((أقتلته بعدما قال: لا إله إلا الله؟!)) "Did you kill him after he said 'There is none worthy of worship but Allāh'?!" [Bukhāri 4269, 6872]. Usāmah said, "He continued to repeat this to me until I wished I had only accepted Islam that day" [Bukhāri 4269, 6873; Muslim 273]. In another version, the Prophet ﷺ said: ((أفلا شققت عن قلبه لتعلم أقانها أم لا؟!)) "Did you open his heart to know whether he meant it or not?!" [Muslim 273]. In yet another narration, he ﷺ said: ((فكيف تصنع بـ لا إله إلا الله إذا جاءت يوم القيامة؟!)) "What will you do with 'There is none worthy of worship but Allāh' when it comes on the Day of Resurrection?!" [Muslim 275]. I say: If circumstantial evidence were to be considered valid in judging the intentions of the heart, then Usāmah ibn Zayd’s reasoning (ijtihād) would have been the most justifiable case for such consideration. The circumstances surrounding that man's case strongly suggested that his declaration of Islam was not sincere, more so than in most other cases. Yet despite this, the Prophet ﷺ dismissed the ijtihād of this noble companion and did not accept his use of circumstantial evidence to judge what was in the man’s heart. If the ijtihād of a Companion is dismissed in such matters, then the ijtihād of others is even more deserving of dismissal. Al-Khaṭṭābi, may Allāh have mercy on him, said: «وفي قوله ((هلا شققت عن قلبه)) دليل على أن الحكم إنما يجري على الظاهر، وأن السرائر مؤكولة إلى الله سبحانه» "The Prophet’s statement 'Did you open his heart?' shows that judgments should be based on outward actions, while the inner intentions are left to Allāh, the Exalted" [Ma’ālim As-Sunan (2/234)]. Similarly, Ibn Taymiyyah, may Allāh have mercy on him, stated: «وكذلك الإيمان؛ له مبدأ وكمال، وظاهر وباطن؛ فإذا عُلّقت به الأحكام الدنيوية؛ من الحقوق والحدود - كحقن الدم والمال والمواريث والعقوبات الدنيوية - : عُلّقت بظاهره، ولا يمكن غير ذلك؛ إذ تعليق ذلك بالباطن متعذر، وإن قُدر أحياناً؛ فهو مُتعسر عِنْماً وقدرةً، فلا يُعلَم ذلك علماً يثبت به في الظاهر، ولا يمكن عقوبة من لم يُعلم ذلك منه في الباطن» "Ēmān has a foundation and a completion, an outward aspect and an inward aspect. When worldly judgments—such as legal rights, penalties, protection of life and property, inheritance, and punishments—are tied to Ēmān, they are based on its outward aspect, as it is impossible to do otherwise; basing such judgments on the inward aspect is practically unfeasible, and even if occasionally possible, it is difficult both in knowledge and capability. Therefore, it (the inward aspect) cannot be known with the certainty required for outward judgment, nor can someone be punished for what is not outwardly evident." [Majmū’ Al-Fatāwā (7/422)]. Ibn Bāz, may Allāh have mercy on him, speaking about those who do not rule by the law of Allāh, said: «لو ادعى أنه لا يستحله؛ فنأخذ بظاهر كلامه، ولا نحكم بكفره» "If someone claims that they do not make istiḥlāl of a matter, we accept their statement at face value and do not declare takfīr on him." [This statement was recorded during his explanation of the third chapter of the Book of Ēmān from Ṣaḥīḥ Al-Bukhāri on 27/7/1417 AH, as read by Sheikh ’Abdul ’Azīz As-Sad-ḥān, may Allāh grant him success].