The Fifth Issue:

Some argue that the phenomenon of general legislation only emerged in recent times, and they argue based on this that: (a) it is incorrect to refrain from declaring takfīr (as there are no definitive evidences regarding this matter), and (b) the early scholars did not declare takfīr on anyone for this same reason. This argument is flawed for two reasons: First: It would lead to the conclusion that no evidence can be used to justify takfīr in such cases. However, this is not the position held by those who argue this point, as they often cite the story of the darkening of faces as evidence. The response to this has already been addressed, and it was clarified that the basis for takfīr in that story was not general legislation (refer to page #). Second: Instances of general legislation have existed for centuries, yet no scholars issued fatwas declaring such acts to be disbelief. A notable example is the imposition of taxes, which many Muslim lands have been subjected to for generations. It is well known that those who impose these taxes enforce them and penalise those who refuse to comply, despite such actions being prohibited and contrary to the laws of Allāh. If this were indeed an act of disbelief, the scholars would have declared it as such, recognising general legislation as an act of disbelief. They would not have remained silent, especially given that they were aware of and lived through these practices.