The Fourth Issue

Istiḥlāl cannot be determined from the action itself, [nor on one's] persistence and insistence [upon it]. This is supported by four points: First Point: None of the early scholars held this view. If it were correct, they would have been the first to adopt it. Second Point: This view would lead to a conflict between two established consensuses: 1. The consensus that sinful individuals do not become disbelievers due to their sins. Ibn ’Abd Al-Barr, may Allāh have mercy on him, said: «اتفق أهل السنة والجماعة -وهم أهل الفقه والأثر- على أن أحداً لا يُخرجه ذنُبه -وإن عَظُمَ- من الإسلام» "The scholars of Ahlus-Sunnah wal Jamā’ah -who are the people of understanding and texts- are unanimously agreed that no one is expelled from Islam due to their sin, no matter how grave." [At-Tamhīd (16/315)]. This consensus is absolute without any limitations and applies to all sinners, regardless of whether they persist or insist on their sin. 2. The consensus regarding the disbelief of those who do istiḥlāl of sinful sinful acts. Ibn Taymiyyah, may Allāh have mercy on him, said: «من فعل المحارم مستحلاً لها؛ فهو کافر بالاتفاق» "Whoever commits forbidden acts while deeming them permissible is a disbeliever by unanimous agreement." [Aṣ-Ṣārim Al-Maslūl (3/971)]. I say: Their consensus on not declaring sinners as disbelievers, alongside their consensus on declaring takfīr on those who do istiḥlāl of forbidden acts, indicates that persistence and insistence on a sin are not considered istihlal. Keep this in mind, as it is essential! Third Point: This view would necessitate declaring sinners as disbelievers, which is contrary to the consensus of Ahlus-Sunnah. According to those who hold this view, a person who repeatedly commits a sin, persists in it, and insists on it, would be a disbeliever because they are thought to be deeming what Allāh has forbidden as permissible. However, by consensus of Ahlus-Sunnah, such a person is not a disbeliever. Fourth Point: The essence of istiḥlāl is to believe that something forbidden is permissible, as previously mentioned. It is impossible to ascertain someone's belief with certainty unless they explicitly express it. For this reason, even those who persist in sin often acknowledge their wrongdoing, are receptive to advice, and may resolve to repent multiple times. Whereas, Istiḥlāl cannot coexist with acknowledgment of sin.