The one presenting this question to your honour is your son and student, Abu Al-Ḥasan Musṭafā ibn Ismā’eel As-Sulaymāni, from Ma'rib, Yemen, on the 22nd of Rabī
16 September 2024 • 1.23K views
Response:
[Introduction]
All praise is due to Allāh, Lord of all worlds, and I send prayers and peace upon our Prophet Muḥammad, his family, and companions, and those who follow them in goodness until the Day of Judgment. To proceed...
[Date of the Fatwā]
On this day, Tuesday, the 22nd of Rabī’ Al-Awwal, 1420 AH [1420/3/22 AH], I listened to a recorded tape from our brother Abu Al-Ḥasan in Ma'rib, which began with a greeting to me, and I respond: Peace be upon you, and the mercy and blessings of Allāh.
[The Danger of Takfīr]
The issue of takfīr (declaring someone a disbeliever) is indeed a serious and grave matter. It should only be discussed by someone well-versed in knowledge, who understands the meanings of the terms and the consequences that follow from declaring someone a disbeliever or refraining from doing so. As for the general public, discussing takfīr in such matters often leads to harmful outcomes.
[Valuable Advice]
My first advice is that young people should not preoccupy themselves with the question of whether a ruler is a disbeliever or not, or whether it is permissible to revolt against him or not. Instead, they should focus on the obligations that Allāh has placed upon them, the acts of worship He has enjoined upon them, and avoid what Allāh has prohibited, whether out of dislike or prohibition. They should also strive to foster unity and harmony among themselves, recognising that differences in matters of religion and knowledge occurred even during the time of the Companions (may Allāh be pleased with them), but this did not lead to division. Their hearts remained united, and their methodology was one.
[Clarification of the Issue]
Regarding the matter of ruling by other than what Allāh has revealed, it is, as stated in the Qur'ān, divided into three categories: disbelief, injustice, and sinfulness, depending on the reasons for such rulings.
If a person rules by other than what Allāh has revealed, following his desires while knowing that the truth lies in what Allāh has decreed, then this person is not a disbeliever, but falls between sinfulness and injustice.
However, if he legislates general laws for the nation, believing it to be in the nations best interest, but has been misled, then he is also not a disbeliever, as some rulers are ignorant of Islamic law. They may be advised by individuals who are not well-versed in Sharī‘ah, yet they regard these individuals as great scholars, leading to such misguidance.
If, however, the ruler knows the Sharī‘ah and still rules or legislates in contradiction to it, enforcing it as a constitution for the people while believing that he is wrong and that the truth lies in the Qur'ān and Sunnah, we cannot declare such a person a disbeliever.
We only declare someone a disbeliever if they believe that a law other than Allāh's law is more deserving of being followed or equal to Allāh’s law. Such a person is a disbeliever because they are denying the truth of Allāh’s words:
﴿أَلَيْسَ اللهُ بِأَحْكَمِ الْحَكِمِينَ﴾
“Is not Allāh the best of judges?” [At-Teen: 8], and:
﴿أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللهِ حُكْمَا لِقَوْمٍ يُوقِنُونَ﴾
“Do they seek the judgment of [the time of] ignorance? But who is better than Allāh in judgment for a people who are certain [in faith].” [Al-Mā'idah: 50].
[No Necessary Link Between Takfir and Revolt]
Furthermore, declaring someone a disbeliever does not necessarily imply that it is obligatory to revolt against them. Revolt brings about greater harms than remaining silent,