Declaring a Person as Disbeliever By Hazrat Mufti Muhammad Taqi Usmani(‫( )اﻠﻌاﻠﻴﺔ ﺑرﻜاﺘﻬﻢ داﻤﺖ‬Ren

It was around the end of Rabi’ul Awwal 1427, corresponding to April 2006, when I received a
personal letter from His Highness Prince Ghazi bin Muhammad, the personal envoy and special
advisor to His Highness, the King of the Jordanian Hashimite Kingdom, in which he had asked
me some questions regarding Takfeer (rendering a person a disbeliever) . I provided the
answers to these questions in some detail which His Highness has published in a book as well
as on the Internet. The questions and answers are now being published hoping to extend its
benefit.

Letter of Prince Ghazi bin Muhammad

‫اﻠﺴﻠاﻢ ﻋﻠﻴﻜﻢ ورﺤﻤﺔ اﻠﻠﻪ وﺒرﻜاﺘﻪ‬

We pray to Allah Ta’ala that this letter reaches you in a state of good health and prosperity. I
wish to address three questions to your eminence in this correspondence hoping that your
eminence will provide conclusive answers to them:

1) We have received many questions from both Muslims and non-Muslims regarding the Islamic
(theological and social) sphere and the relationships between the Islamic schools of thought.
We would like to refer these questions to you for explanation and rectification: Is it correct to
regard those schools of thought that are not part of the ‘Sunni Islam’ as part of the ‘actual
Islam’? In other words, is it correct to regard every person who follows and adheres to one of
the four Sunni schools of thought, or the Zahiri school of thought or the Ja’firi or Zaidi schools of
thought or the Ibadhi school of thought as a Muslim?

2) The second question which is related to the first is:  what are the perimeters in rendering a
person a ‘Kaafir’ in this day and age? Is it permissible for a Muslim to render those who adhere
to any of the conventional Islamic schools of thought, or any person who follows the Ash’ari
theology as a ‘Kaafir’? Moreover, is it permissible to render those who tread
the path of the true Sufism or those who follow the correct
‘Salafi’

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view as
‘Kaafirs’
?

3) Who may be regarded as a true ‘Mufti’ in Islam? What are the essential qualities that render
a person fit to assume the responsibility of issuing ‘fatawa’ and guiding people to its correct
understanding and towards following the Islamic Shari’ah?

We greatly appreciate your giving us this opportunity to benefit from your vast knowledge and
expertise.

Best regards

(Prince) Ghazi bin Muhammad

Reply of Hazrat Maulana Mufti Muhammad Taqi Usmani (‫)داﻤﺖ ﺑرﻜاﺘﻬﻢ اﻠﻌاﻠﻴﺔ‬
 

‫اﻠﺴﻠاﻢ ﻋﻠﻴﻜﻢ ورﺤﻤﺔ اﻠﻠﻪ وﺒرﻜاﺘﻪ‬

Please accept the purest of greetings together with the highest appreciation for the endeavors
you are undertaking in the path of uniting and bringing back together the message and ranks of
the Muslims. I received your noble letter requesting me to answer the three questions contained
therein. In response to your noble desire, hereunder are the answers to the questions:

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(Answer to) Question One

Before answering this question in some detail, I would like to allude to a very remorseful
phenomenon that we witness in various circles of our Muslim Homelands. It is that many people
have gone to extremes regarding this issue in that they either cross the bounds or they fall short
(of the correct opinion). This is because on the one hand, some are very quick to render any
person who does not follow their opinion in Far’ee [1] issues as Kaafir whereas such issues are
not part of the fundamental beliefs of
Deen
. Rather there is room for
Ijtihad
in them and academic difference of opinion has existed in them from the early eras of Islam.
This portrays Islam as if it is a cramped courtyard and if a person steps out of it even to the
extent of a fingertip he comes out of the fold of Islam. On the other hand, there are some people
who accept the claim of every person who proclaims Islam. They do not allow rendering such a
person as a
Kaafir
under any circumstance, even though such person denies the fundamental beliefs of
Deen
which distinguish Islam from other religions. This portrays Islam as if it does not possess an
established reality and is merely a tattered piece of clothing which may be adorned by every
false and destructive belief so long as a person claims to be a Muslim. Both these points of view
are baseless and have provoked turmoil and dissention amongst the Muslims. The truth of the
matter is that Islam or
Iman
is an established and defined reality which needs to be proven in order to render a person
Muslim. This established reality accommodates many differences in
Far’ee
issues that Islam itself has sanctioned and thus it is not permissible to render a person as
Kaafir
merely on the basis of such
Far’ee
differences. Similarly this reality is not lost merely by a person committing certain
Far’ee
errors in his action or belief, so long as he believes in the fundamentals around which Islam and

Kufr
revolve. Thus, if we desire to unite the ranks of the Muslims then it is necessary to distance both

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types of extremes. Therefore, just as we will need to disassociate ourselves from those who
render people as
Kaafir
merely on the basis of
Far’ee
differences, so too will we need to absolve ourselves from those who wish to introduce into
Islam every such false belief that contradicts the centuries-old established fundamentals of
Deen.

It follows that we need to define this reality that is termed ‘Islam’, so that we may be able to hold
onto the moderate opinion that distances us from both types of extremes. The definition of Islam
in the light of the Qur’an and Sunnah upon which there is consensus of the Muslim Ummah is:
“Believing in that regarding which it is known with absolute certainty that the Messenger of Allah
‫ وروﺢ اﻠﻤﻌاﻨﻲ‬١١٩‫“ )ﺷرﺢ اﻠﻌﻘاﺌﺪ ﻟﻠﺘﻔﺘازاﻨﻰ ؒ ﺹ‬.it with come has ‫ﺻﻠﻰ اﻠﻠﻪ ﻋﻠﻴﻪ وﺴﻞّﻡ‬
١:١١۰)

Thus, whoever is included in this definition is a Muslim whom it is not permissible to render a Ka
afir
. Based on this, the schools of thought that claim Islam are of three types:

The first type: is of those who claim to be Muslim, but deny some aspect whose being part of D
een
is known with absolute certainty. For example, if they believe that prophethood continued after
the Noble Prophet ‫ ﻡّوﺴﻞ ﻋﻠﻴﻪ اﻠﻠﻪ ﺻﻠﻰ‬and they believe in one of those great liars who
claimed prophethood after the Seal of the Prophets ‫ ﻡّوﺴﻞ ﻋﻠﻴﻪ اﻠﻠﻪ ﺻﻠﻰ‬like the Qadiyanis; or
they believe that the Qur’an that is before us today has been interpolated, Allah Forbid, and is
not the actual Qur’an, like some of the extremist Shias have falsely alleged; or they believe that
Divinity or some of its peculiar characteristics are found in a person like that which is attributed

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to the ‘Alawis and others. All these people are not Muslim and it is necessary to render them
Kaafirs
.

The second type are those schools of thought that believe in everything whose being part of De
en
is known with absolute certainty, except that they differ in jurisprudential issues, or in the finer
details for some aspects of
‘Aqidah
(belief) in which there is room for
Ijtihad
. Despite these
Far’ee
differences, every one of these schools of thought is on the right path as per its own
Ijtihad
, and none of them are false, let alone being out of the fold of Islam. In this type are included all
the jurisprudential schools of thought in which differences existed between the Sahabah and
Tabi’oon, like the Hanafi, Shafi’ee, Maliki and Hanbali schools of thought. Similarly all that has
been narrated from the other
Mujtahideen
whether they are well-known as being of the
Ahlul Hadith, Ahlur Ra’y
or
Ahlul Zahir
, like Sha’bi, Hasan al Basri, Sa’eed bin al-Musayyib, Sa’eed bin Jubair, Muhammad al-Baqir,
Ja’far as-Saadiq, al-Awza’ee and al-Layth bin sa’d is included in this type. Also included in this
category are the Ash’aris and Maturidees ‫ﺟﻤﻴﻌﺎ ﺗﻌاﻠﻰ اﻠﻠﻪ رﺤﻤﻬﻢ‬. It is a precondition of being
included in this category that they should not render the other schools of thought as
Kaafir
or
Faasiq
(transgressors), and should not revile or be disrespectful to any of the Imams.

The truth of the matter is that the arguments that have taken place between these schools of

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thought have been academic and Ijtihadi ones, that have led the way to evolving thought and
opening up opportunities in finding solutions to the problems of life. This is why it has been said
that these academic differences are a mercy for the U
mmah
. The correct stance regarding each one of these schools of thought is that each follower should
regard his respective school of thought as correct having the possibility of error, whilst regarding
the other school of thought as being on error but having the possibility of being correct. This is
what the scholars of these schools of thought have explicitly stated in their books. For example,
‘Allamah Haskafi (ra) states in the introduction of ad-Durr al Mukhtar 1:48:

“When we are asked regarding our school of thought as opposed to the school of thought of
those who differ with us, we must answer thus: “Our school of thought is correct having
possibility of error, whilst the school of thought of those who differ with us is on error having the
possibility of being correct.”

This stance is actually based on this saying of the Noble Prophet ‫ ﻡّوﺴﻞ ﻋﻠﻴﻪ اﻠﻠﻪ ﺻﻠﻰ‬:

“When a Hakim passes a verdict and makes (the proper) effort subsequently passing a correct
verdict, he deserves two rewards; and if he passes a verdict and makes (the proper) effort and
then errs, he deserves one reward.”

In the third category are included those schools of thought whose beliefs are not tantamount to
disbelief as they do not deny any aspect whose being a part of Deen is known with absolute
certainty. However, their disagreement is not restricted to
Ijtihadi
and
Far’ee
issues. Rather, their disagreement also involves important aspects of belief. Every one of these
schools of thought believes that it is on the right whilst those who disagree with it are in error,
although its disagreement is not tantamount to disbelief. This is like the disagreement between
the
Ahlus Sunnah
and the moderate
Shi’as
who do not believe in the interpolation of the Noble Qur’an, and who do not deny any other
aspect whose being part of
Deen
is known with absolute certainty. Similar is the case of the disagreement between the

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Ahlus Sunnah
and the
Zaidi
school of thought or the
Ibbadhi
school of thought, so long as they do not deny anything whose being part of
Deen
is known with absolute certainty.

It is thus apparent that all these schools of thought are not on equal footing when it comes to
representing the actual Islam. However, the verdict of disbelief and coming out of the fold of
Islam will not be passed except against the first category that denies an aspect whose being
part of the Deen is known with absolute certainty.

(Answer to) Question Two

We have mentioned in the answer to the first question that it is impermissible to render any
person who does not deny any aspect whose being a part of the Deen is known with absolute
certainty, as Kaafir.
Thus, it is not permissible to render those conventional Muslim schools of thought who are
included in the second and third categories. We have also made mention of which present
well-known schools of thought are included in these two categories.

As far as the Sufis are concerned, different schools of thought exist in them. Among them are
those who restrict themselves to self-reformation in order to be able to follow the Shari’ah in
accordance with one of the accepted jurisprudential schools of thought. They do not ascribe to

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any belief that disagrees with the Zaahir (outward rulings) of Shari’ah, nor do
they have any practice that contradicts the laws of Shari’ah. However, they concentrate on
reforming and nurturing the character of a person using methods that are permissible in the
Shari’ah. The likes of this type are included in the schools of thought of the second category.
Then there are some groups that call themselves
“Sufi”
but ascribe to beliefs by which they negate something whose being part of the
Deen
is known with absolute certainty. For example, they deny the outward laws of
Shari’ah
, and they have innovated certain laws of the inner self that do not have any basis from the
Qur’an and Sunnah. They are included in the first type. Among them are also those who do not
deny the outward
Shari’ah
, nor do they deny any aspect whose being part of
Deen
is known with absolute certainty, yet they have invented certain innovations in their action or
belief that disagrees with the majority of the Ummah. Such people are included in the third
category and it is not permissible to render them
Kaafir
.

As far as the Salafis are concerned, so among them are those who follow the Ahl al Hadith
whilst not being disrespectful to the
Mujtahid Imams
nor to those who follow their schools of thought. Such people are included in the second
category. However, among the
Salafis
are also those who believe that the accepted jurisprudential schools of thought are false and
they revile every person who disagrees with them, even though such disagreement be in
Far’ee
issues. They are included in the third category. Anyhow, it is not permissible to render them as
Kaafir
in both instances.

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(Answer to) Question Three

Islam does not recognize the Hierarchy of Priesthood that is present in Christianity and other
religions. Sovereignty belongs entirely to Allah and His Messenger ‫ﻡّوﺴﻞ ﻋﻠﻴﻪ اﻠﻠﻪ ﺻﻠﻰ‬. The‘
Ulama
do not invent laws. They merely explain that which is established from the Noble Quran and
Pure Sunnah. However, despite negating the Hierarchy of Priesthood, in order to explain the
laws of Shari’ah it is necessary that the person explaining possesses some qualifications that
enable him to correctly understand the texts of the Qur’an and Sunnah. Thus, in Islam a Mufti is
not one who makes the laws. Rather he is merely one who explains what Allah Has made as
law in His Book or in the Sunnah of His Prophet ‫ وﺴﻠﻢ ﻋﻠﻴﻪ اﻠﻠﻪ ﺻﻠﻰ‬and he explains what is
established in the Shari’ah over the centuries. In the words of ‘Allamah ibn Qayyim al Jawziyyah
for permissible not is it ,Thus .ّ‫ ﻋﺰّ وﺠﻞ‬Allah of behalf on signs who one is He :‫رﺤﻤﻪ اﻠﻠﻪ‬
every Tom, Dick and Harry to issue Fatwa, as it is a great responsibility which can only be
fulfilled by a person who has gained in-depth knowledge of the Islamic Sciences of Tafseer,
Hadith, Fiqh (Jurisprudence) and ‘Aqaid (Beliefs) and the principles of these sciences at the
hands of expert teachers who have inherited such knowledge generation after generation.
Similarly, it is necessary for one who adopts the responsibility of Ifta to have a full
understanding of the circumstances of the people of his time as well as of their norms and
practices.

The method that has been passed down and upon which the Ummah has practiced over the
centuries is that until a person is not trained by a
Mufti
upon whom the
Ulama
of the time have placed reliance, then merely studying the Islamic Sciences does not render him
qualified for Issuing Fatwa. This is because
Ifta
requires such religious insight and an instinctive mastery of Jurisprudence that can never be
attained by merely studying books; rather for this, practical experience is necessary. Similar to a
medical doctor who is not permitted to begin treating patients by merely studying the science of
medicine. What is necessary is that he attains practical training at the hands of an expert doctor
who has broad experience in this field. The scholars who have written books on the principles of
fatwa have really emphasized this point. (See for example ‫ ؒﻟﻠﻨووﻰ اﻠﻔﺘوﻰ آداﺐ‬1:647 and
(1:15 ؒ‫ رﺴاﺌﻞ اﺒﻦ ﻋاﺒدﻴﻦ‬ in ‫ﺷرﺢ ﻋﻘوﺪ رﺴﻢ اﻠﻤﻔﺘﻲ‬

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Sadly, nowadays many people have ignored this point. Every person whose name gains
popularity as a political leader or leader of some movement, has no qualms in issuing fatawa,
despite not possessing the required competence in the Shar’ee sciences. People are deceived
by his popularity and then begin regarding his fatwa as a Shar’ee ruling, even though it may be
contrary to what the Ummah has settled upon over the centuries. It is necessary to cast out
such anomalous fatawa which only increase dissention and disunity amongst the Muslims and
which tear apart the unity of the Muslims and break their strength and strengthen the plots of
their enemies (against them).

This is what I have understood in the light of the Qur’an and Sunnah and the consensus of the
possessors of correct knowledge from the Muslim Ummah. Allah Subhanahu knows best and it
is only He we ask to straighten our steps and to take responsibility of our guidance and to
protect us from every type of misguidance in our thought and action, and to guide us towards
that in which His pleasure lies. I ask Allah Ta’ala to continue granting you pious ability and
success, and that He benefits the people and places through you.

‫واﻠﺴﻠاﻢ ﻋﻠﻴﻜﻢ ورﺤﻤﺔ اﻠﻠﻪ وﺒرﻜاﺘﻪ‬

Mufti Muhammad Taqi Usmani

12/4/1427 AH

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[1] Literally meaning ‘related to a branch’. Here ‘Far’ee’ issues refer to issues that have been
deduced from the Qur’an and Hadith and in determining whose specific meaning and
application there is room for difference of opinion of scholars qualified for the same. [Translator]

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