Chapter Four

Conformity of My Conclusions with the Stance of the Permanent Committee Chaired by Ibn Bāz The First Fatwa Question: When is it permissible to declare someone a disbeliever, and when is it not permissible? What is the type of disbelief mentioned in the Āyah: "And whoever does not judge by what Allāh has revealed - then it is those who are the disbelievers." [Al-Mā'idah 44]? Answer: Regarding your question, "When is it permissible to declare someone a disbeliever, and when is it not permissible?": we suggest that you clarify the matters that are unclear to you so that we can explain the ruling accordingly. As for the type of disbelief mentioned in the Āyah: "And whoever does not judge by what Allāh has revealed - then it is those who are the disbelievers." [Al-Mā'idah 44], it refers to major disbelief (kufr akbar). Al-Qurṭubi mentioned in his tafsīr: «ومن لم يحكم بما أنزل الله؛ رداً للقرآن، وجَحْدَاً لقول الرسول ﷺ، فهو كافر» "Ibn ’Abbās, may Allāh be pleased with him, and Mujāhid, may Allāh have mercy on him, both said: Whoever does not judge by what Allāh has revealed, rejecting the Qur'ān and denying the speech of the Prophet ﷺ, is a disbeliever." However, if someone rules by something other than what Allāh has revealed, while believing that they are disobeying Allāh, but are compelled to do so due to a bribe, enmity against the one being judged, kinship, friendship with the one in favour, or the like—this does not constitute major disbelief. Rather, it is considered disobedience, and the person has fallen into lesser disbelief (kufr dūna kufr), lesser injustice (dhulm dūna dhulm), and lesser immorality (fisq dūna fisq). May Allāh grant us success! May peace and blessings be upon our Prophet Muḥammad, his family, and Companions!" [Fatāwā Al-Lajnah Ad-Dā'imah (2/141)] Chairman: ’Abdul-’Azīz ibn ’Abdullāh ibn Bāz Vice Chairman: ’Abdurrazzāq ’Afīfi Member: ’Abdullāh ibn Qa’ūd Member: ’Abdullāh ibn Ghudayyān The Second Fatwa Question: A person who does not judge by what Allāh has revealed, are they considered a Muslim, or have they fallen into major disbelief? And are their deeds accepted? Answer: Allāh the Almighty states: "And whoever does not judge by what Allāh has revealed - then it is those who are the disbelievers." [Al-Mā'idah 44], and He also says: "And whoever does not judge by what Allāh has revealed - then it is those who are the wrongdoers." [Al-Mā'idah 45], and "And whoever does not judge by what Allāh has revealed - then it is those who are the defiantly disobedient." [Al-Mā'idah 47]. However, if a person deems such judgment permissible and believes it to be lawful, then this constitutes major disbelief, major wrongdoing, and major immorality, which expels them from the fold of Islam. However, if they do this because of a bribe or another motive while believing it to be forbidden, they are considered sinful and guilty of minor disbelief, minor wrongdoing, and minor immorality. This does not remove them from the fold of Islam, as the scholars have explained in their interpretations of these Āyāt. May Allāh grant us success! May peace and blessings be upon our Prophet Muḥammad, his family, and Companions! [Fatāwā Al-Lajnah Ad-Dā'imah (1/780)] Chairman: ’Abdul-’Azīz ibn ’Abdullāh ibn Bāz Vice Chairman: ’Abdurrazzāq ’Afīfi Member: ’Abdullāh ibn Ghudayyān