Scholars may refer to some sinners as preferring or prioritising obedience to Shayṭān over obediene to Allāh, based purely on their actions, even if these actions are not accompanied by an inner belief. However, they do not declare these individuals as disbelievers. This usage is an expanded form of expression and is not meant to imply disbelief; therefore, this cannot be used as grounds for declaring someone a…
Circumstantial evidence has no bearing on determining whether a person has fallen into tafḍhīl/preference (refer to the discussion on "istiḥlāl": p. #).
At-Tafḍhīl/preference is a matter of the heart; its essence is to believe that one thing is superior to another.
I say: since this is a matter related to the heart, it can only be recognised when a person explicitly reveals what is in their heart (refer to the discussion on "Istiḥlāl" : pp. #, #, #).
In this case, a person is considered a disbeliever even if they do not rule by other than what Allāh has revealed, as long as they believe that the judgment of others is superior to Allāh's judgment.
Description: This refers to a person ruling by other than what Allāh has revealed, believing that the judgment of other than Allāh is better than Allāh's judgment.
Ruling: There is a consensus that this constitutes major disbelief.
The evidence for this is two matters:
The first: The person who holds this belief is denying the statement of Allāh Almighty:
{وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ…
Scholars may refer to some sinners as deniers based purely on their actions, even if these actions are not accompanied by an inner belief. However, they do not declare these individuals as disbelievers. This usage is an expanded form of expression and is not meant to imply disbelief; therefore, this cannot be used as grounds for declaring someone a disbeliever.
Takdhīb/denial is a matter of the heart; its essence lies in outwardly denying something while inwardly believing it to be false.
Ibn Al-Qayyim, may Allāh have mercy on him, said:
«فأما كفر التكذيب؛ فهو اعتقاد كذب الرسل»
"As for the disbelief of denial, it is to believe that the Messengers are lying." [Madārij As-Sālikīn (1/346)].
I say: since this is a matter related to the heart, it can only be recognised when…
Allāh Almighty said:
﴿فَإِنَّهُمۡ لَا یُكَذِّبُونَكَ وَلَـٰكِنَّ ٱلظَّـٰلِمِینَ بِـَٔایَـٰتِ ٱللهِ یَجۡحَدُونَ﴾
"Indeed, they do not deny you, but it is the wrongdoers who reject the signs of Allāh" [Al-An’ām 6:33]. In this Āyah, Allāh absolves them from the At-Takdhīb/denying the Prophet and attributes to them Al-Juḥūd/rejection of Allāh’s signs. This distinction [between denial and rejection] indicates that they…
In this case, a person is deemed a disbeliever even if they have not ruled by other than what Allāh has revealed, as long as they deny Allāh's judgment.
Description: This refers to ruling by other than what Allāh has revealed while denying Allāh's judgment.
Ruling: There is unanimous agreement that this case constitutes major disbelief (kufr akbar).
Evidence: The consensus among Ahlus-Sunnah that anyone who denies Allāh and His Messenger is considered a disbeliever.
Ibn Taymiyyah, may Allāh have mercy on him, said:
«ثم يُقال لهم: إذا قلتم 'هو التصديق بالقلب أو…
Scholars may refer to some sinners as rejectors based purely on their actions, even if these actions are not accompanied by an inner belief. However, they do not declare these individuals as disbelievers. This usage is an expanded form of expression and is not meant to imply disbelief; therefore, it cannot be used as grounds for declaring someone a disbeliever.
Circumstantial evidence has no bearing on determining whether a person has fallen into Juḥūd/rejection (refer to the discussion on "istiḥlāl" on page #).
Juḥūd/rejection is a matter of the heart; its true nature involves outwardly rejecting something while inwardly acknowledging it.
Allāh the Almighty said:
﴿وَجَحَدُوا بِهَا وَاسْتَيْقَنَتْهَا أَنْفُسُهُمْ﴾
"And they rejected them, while their inner selves were convinced thereof." [An-Naml, 14].
This Āyah shows that a person may deny something outwardly while believing the opposite in their heart.
Ar-Rāghib…
In this case, a person is deemed a disbeliever even if they do not judge by other than what Allāh has revealed, as long as they reject the ruling of Allāh, the Exalted.
Description: This refers to ruling by something other than what Allāh has revealed while rejecting Allāh's judgment.
Ruling: Scholars unanimously agree that this constitutes major disbelief.
The evidence for this ruling is based on two points:
First Point: The consensus among Ahlus-Sunnah that anyone who rejects any aspect of Allāh's religion is considered a disbeliever.
Ibn Bāz, may Allāh have mercy on him,…
Scholars may describe some sinners as engaging in "istiḥlāl" (permissiveness), based solely on their actions, even if such actions are not accompanied by a corresponding internal belief. However, they do not consider these individuals to be disbelievers. This expression is an extension of language (توسع في العبارة) and is not intended to signify disbelief; thus, it should not be used as a basis for takfīr.
Third Point: Scholars do not declare someone who commits adultery with his father's wife as a disbeliever, even if they repeat the sin!
I say: If marrying the wife of one’s father were considered disbelief merely due to the act itself, without an internal belief of istiḥlāl, then the scholars would have declared those who commit adultery with their father’s wife as disbelievers. Keep this point in mind, as it is crucial.
Fourth Point:—and this is a concession—this text is ambiguous and should be understood in light of other definitive texts; such…
Some who hold that istiḥlāl can be determined by one's actions, cite as evidence the authentic narration of the man who married his father’s wife. The Prophet ﷺ ordered his execution [Tirmidhi 1362, Nasā'ē 3331, Ibn Mājah 2607].
In some wordings of the ḥadīth, it mentions that the man also took his father’s wealth. [Abū Dāwūd 4476, Nasā'ē 3332].
There is an additional narration stating that he divided the wealth…
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…
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…
Istiḥlāl (deeming something permissible) is a matter of the heart; its essence is to believe in the permissibility of a certain action.
Ibn Taymiyyah, may Allāh have mercy on him, said:
«والاستحلال: اعتقاد أنها حلال له»
"Istiḥlāl is believing that something is permissible for him" [Aṣ-Ṣārim Al-Maslūl (3/971)].
Ibn Al-Qayyim, may Allāh have mercy on him, explained:
«فإن المستحل للشيء هو: الذي يفعله معتقداً…
A person is considered to be a disbeliever in this case, even if they do not judge by other than what Allāh has revealed, as long as they believe it is permissible to judge by other that what Allāh has revealed [they are committing Kufr].
A Detailed Clarification on the Issue of Judging by Other Than What Allāh Has Revealed
This issue involves nine cases: six of which constitute major disbelief (kufr akbar) without any disagreement, followed by three cases concerning which some of the later scholars disagreed, although the correct view is that these fall under minor disbelief (kufr aṣghar).
The First Case: Legalisation (istiḥlāl)
Description:…
Ambiguity is the cause of many misunderstandings.
Ibn Taymiyyah, may Allāh have mercy on him, said:
«وأما الألفاظ المجملة؛ فالكلام فيها بالنفي والإثبات دون الاستفصال يوقع في الجهل والضلال، والفتن والخبال والقيل والقال»
"As for ambiguous terms, discussing them with affirmation or negation without seeking clarification leads to ignorance, misguidance, discord, confusion, and pointless argumentation." [Minhāj…