The Ruling on One Who Denies Any of the Hudud
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Fatwa No. ( 19351 )
Q: We submit this question to you and call upon you by the covenant Allah took from the people of knowledge to make it clear to the people and not conceal it, hoping for a decisive answer to the doubts of a man called Dr. Ahmad al-Baghdadi , who has frequently attacked the religion of Allah the Exalted and cast doubt on people regarding its rulings in newspapers and media, to the extent that it has affected the minds of many Muslims, may Allah protect us from that. This claimant asserts the following: 1 - Denial of the hadd of stoning , he says: (And the killing of the married adulterer is not mentioned in the Noble Qur'an, but the jurists, as is their custom, approved the punishment of stoning to death) Kuwaiti Al-Anba' Newspaper, Issue 9550. 2 - His denial of the hadd of apostasy, and his mockery of the jurists; because they affirm it, he says: (Rather, the jurists take pride in killing the apostate and harming non-Muslims). Previous source, Issue 7124. And he says: (It is not true that the pure Islamic Shari'ah has
said its word on the matter of apostasy in the same form that the jurists want or claim, because the texts of the hadiths and their rulings differ from the texts of the Qur'an and its rulings, so the Qur'anic text is clear without ambiguity regarding the disbelief of the apostate from his religion, and there is no mention of any killing or punishment, whereas the hadiths of apostasy establish the punishment of killing) Previous source, Issue 7053. 3 - His preference of the secular state over the religious state, he says: (The jurists refused, with insistence, to take a strict religious stance toward the new state that places one foot in the pool of secularism and the other foot in the pool of religious belief from the devotional aspect, and in reality, all the traditional concepts found in the books of sultanic rulings and Shari'ah politics were ignored, but no one wants to admit that, especially after it became clear that the virtues and advantages of the civil society based on democracy, freedom, and equality are better than the religious society) Previous source, Issue 7100. 4 - His call to bypass the Shari'ah texts : he says: (The present represents a reality that must be dealt with according to a practical life formula, or in a juristic expression, placing maslahah (public benefit) above the religious text; because what is happening practically now is represented by ignoring the religious text according to a process of self-deception by the principle: dire necessities permit the prohibited, and gradual implementation, and so on
This is one of the jurisprudential rules that represents a circumvention of the religious text, and it is better for Muslims to stop doing that and declare their inability to apply the principles of the pure Shari'ah; because reality is stronger than them and than the religious text) the previous source, number 7276. 5 - His denial of declaring the Jews, Christians, and Buddhists as disbelievers, he says: (As for the traditional classification that this one is a Muslim and that one is a disbeliever, it must stop by describing the party itself as it is, so the Christian, Jewish, or Buddhist person must be given his religious description and not the description of a disbeliever; because the Muslim himself, according to traditional Christian religious thought, is described as a disbeliever). The previous source, number 6941. 6 - His doubt regarding the preservation of the Noble Qur'an and his insult to the noble Companions, he says: (I know that many people with simple minds and modest culture may ask: How do we tolerate those who subject the religious text to research and analysis? And I firmly believe that they did not hesitate to declare as disbelievers anyone who dared to ask the following question: How do we trust the Companions who preserved or wrote the verses on skin or bones when the Qur'an was compiled; because such a question invades the taboos created by the people of the religious trend) the previous source 7290. 7 - His doubt regarding the Prophetic hadiths, he says: (Many people do not know
that the first to reject the Prophetic hadiths and demand verification of them were the jurists and men of religion, and I will not mention the second Rightly Guided Caliph 'Umar ibn al-Khattab , who used to beat Abu Hurayrah because of the multitude of his hadiths, and he did not believe him until he brought witnesses, so when 'Umar died, the hadiths from Abu Hurayrah flowed like a flood) Al-Siyasah newspaper, number 9564. And he says: (And 'Urwah used to look at the Companions of the Prophet (peace and blessings be upon him) with his eyes, he said: By Allah, if the Prophet would spit a spittle, it would not fall except into the hand of one of them, so he would rub his face and skin with it, and the summary of the matter is that al-Tabari writes history in a style that has no intellect and no logic, and yet the Muslims did not dare, despite the multitude of their historians, to purify al-Tabari from these absurdities and myths) Al-Anba' Kuwaiti newspaper, number 7283. 8 - His denial that Islam gave man his rights in the rulings, he says: (Then we do not feel ashamed after all that to boast by saying and writing that the Islamic religion was the first to recognize human rights) the previous source, number 6822. And other than that, there is the insult to the religion, the Companions, and the scholars, and the doubt in the texts of the Shari'ah, its clear verses, and the principles of the pure Islam. And what is required from the honorable people of knowledge is to answer the following: 1 - What is the ruling on the statements made by this speaker?
2 - What is the ruling on the one who says these statements and believes them? 3 - What is obligatory toward him? 4 - Is it permissible for newspapers to publish his words and the like under the pretext of freedom of opinion, and what is the stance toward the newspaper that has been accustomed to publishing such statements, and enabling this man and the like of him to write in it? It is not hidden from the honorable scholars that Muslims are in great need in this time when trials have increased of the guidance of the people of knowledge, who do not fear in Allah the blame of any blamer; so that Allah may support the religion through them, and suppress by their word those in whose hearts is disease and the hypocrites. So we call upon you to hasten in answering and guiding to the truth; so that Allah the Exalted may cast the truth upon falsehood through you and crush it, and then it will perish. And Allah is the Helper.
A: First: The hadd of stoning is established by the verse whose wording was abrogated, but its ruling remained, from Surat al-Ahzab: (The old man and the old woman if they commit zina, stone them both, a punishment from Allah, and Allah is Mighty, Wise), and it is established by the mutawatir Sunnah from the Messenger of Allah (peace and blessings be upon him) in his saying and doing, and by the consensus of the Muslims, and none denied it except the people of innovation from the Khawarij and their like. Second: The hadd of apostasy is established by authentic hadiths, such as his saying (peace and blessings be upon him):Sunan an-Nasa'i 4721Sahih (Darussalam) Narrated by al-Bukhari and Muslim and Abu Dawud and al-Tirmidhi and al-Nasa'i , and by his saying (peace and blessings be upon him): Sunan Ibn Majah 2535Sahih (Darussalam) Narrated by al-Bukhari and al-Tirmidhi and Abu Dawud and al-Nasa'i . And the Companions executed the hadd of apostasy after the death of the Messenger of Allah (peace and blessings be upon him), Narrated by al-Bukhari and Muslim and Abu Dawud and al-Nasa'i , and from 'Ikrimah he said: Hypocrites were brought to 'Ali (may Allah be pleased with him) and he burned them, and that reached Ibn 'Abbas and he said: If it were me, I would not have burned them, due to the prohibition of the Prophet (peace and blessings be upon him), he said: Jami` at-Tirmidhi 1458Sahih (Darussalam) , and I would have killed them, due to the saying of the Messenger of Allah (peace and blessings be upon him): Sunan Ibn Majah 2535Sahih (Darussalam) Narrated by al-Bukhari and al-Tirmidhi and Abu Dawud and al-Nasa'i , and no
one among the Muslims whose disagreement is considered differed in this, and praise be to Allah. Third: Preferring the secular state over the Islamic state is preferring disbelief over faith; as Allah the Exalted said:[An-Nisa 4:51-52] Fourth: The Islamic Shari'ah is complete, general, and suitable for every time and place until the Hour comes; because it is a revelation from the Wise, the Praiseworthy, so whoever claims that it is not suitable in this time, and that the systems of men are better than it, is a disbeliever; because he is denying Allah and His Messenger regarding the perfection of the Shari'ah and its suitability for every time and place, Allah the Exalted said: [An-Nisa 4:60] until His saying: [An-Nisa 4:65]
Fifth: Allah (Glorified and Exalted is He) declared the Jews and Christians who did not believe in Muhammad (peace and blessings be upon him) to be disbelievers. He the Exalted said:[An-Nisa 4:150-151] And He the Exalted said: [Al-Bayyinah 98:1] up to His saying: [Al-Bayyinah 98:6] And He the Exalted said: [Al-Ma'idah 5:17][Al-Ma'idah 5:73] And He the Exalted said: [Al-Ma'idah 5:82]
Sixth: Whoever doubts the preservation of the Qur'an from alteration and substitution is a disbeliever; because he is denying Allah in His saying:[Al-Hijr 15:9] And He the Exalted said: [Fussilat 41:42] So the Qur'an and the Sunnah remain preserved by the preservation of Allah for them, with no alteration or substitution reaching them. The later generations of the Ummah transmit them from the earlier generations fresh and green, and praise and grace belong to Allah. Criticizing the Companions is denying Allah (Glorified and Exalted is He) in His praise of them and His certification of their goodness in His saying: [Al-Fath 48:29] the verse, and in His saying: [At-Tawbah 9:100] and in His saying: [Al-Fath 48:18] and in the saying of the Prophet (peace and blessings be upon him): Sunan Abi Dawud 4658Sahih (Al-Albani) , and only the enemies of Islam, namely the Shi'ah, the hypocrites, and those with disease in their hearts, criticize them. Seventh: Criticizing the Sunnah of the Messenger (peace and blessings be upon him) and doubting it is criticizing the Noble Qur'an, which came with the command to take the Sunnah and act upon it, as He the Exalted said: [Al-Hashr 59:7] and in the saying of the Prophet (peace and blessings be upon him): as in His saying: [An-Nisa 4:113] The Book is the Qur'an, and the Wisdom is the Sunnah. So no one criticizes the Sunnah of the Messenger (peace and blessings be upon him) except the offspring of the Jahmiyyah and the Mu'tazilah , and the followers of the Orientalists from among the Jews and the Christians , and those who have been cultured by their culture and drunk from their sources. Eighth: Whoever claims that Islam did not grant man his appropriate rights
has accused Allah (Glorified and Exalted is He) of injustice and tyranny; because Islam is from Allah, and Allah has described it as guidance for people and a mercy. How can it be guidance and mercy if it did not grant people their rights and deliver them from injustice? Whoever describes Islam with this description is a disbeliever, an atheist, and a denier of Allah and His Messenger. We ask Allah for well-being and safety. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: We submit this question to you and call upon you by the covenant Allah took from the people of knowledge to make it clear to the people and not conceal it, hoping for a decisive answer to the doubts of a man called Dr. Ahmad al-Baghdadi , who has frequently attacked the religion of Allah the Exalted and cast doubt on people regarding its rulings in newspapers and media, to the extent that it has affected the minds of many Muslims, may Allah protect us from that. This claimant asserts the following: 1 - Denial of the hadd of stoning , he says: (And the killing of the married adulterer is not mentioned in the Noble Qur'an, but the jurists, as is their custom, approved the punishment of stoning to death) Kuwaiti Al-Anba' Newspaper, Issue 9550. 2 - His denial of the hadd of apostasy, and his mockery of the jurists; because they affirm it, he says: (Rather, the jurists take pride in killing the apostate and harming non-Muslims). Previous source, Issue 7124. And he says: (It is not true that the pure Islamic Shari'ah has
said its word on the matter of apostasy in the same form that the jurists want or claim, because the texts of the hadiths and their rulings differ from the texts of the Qur'an and its rulings, so the Qur'anic text is clear without ambiguity regarding the disbelief of the apostate from his religion, and there is no mention of any killing or punishment, whereas the hadiths of apostasy establish the punishment of killing) Previous source, Issue 7053. 3 - His preference of the secular state over the religious state, he says: (The jurists refused, with insistence, to take a strict religious stance toward the new state that places one foot in the pool of secularism and the other foot in the pool of religious belief from the devotional aspect, and in reality, all the traditional concepts found in the books of sultanic rulings and Shari'ah politics were ignored, but no one wants to admit that, especially after it became clear that the virtues and advantages of the civil society based on democracy, freedom, and equality are better than the religious society) Previous source, Issue 7100. 4 - His call to bypass the Shari'ah texts : he says: (The present represents a reality that must be dealt with according to a practical life formula, or in a juristic expression, placing maslahah (public benefit) above the religious text; because what is happening practically now is represented by ignoring the religious text according to a process of self-deception by the principle: dire necessities permit the prohibited, and gradual implementation, and so on
This is one of the jurisprudential rules that represents a circumvention of the religious text, and it is better for Muslims to stop doing that and declare their inability to apply the principles of the pure Shari'ah; because reality is stronger than them and than the religious text) the previous source, number 7276. 5 - His denial of declaring the Jews, Christians, and Buddhists as disbelievers, he says: (As for the traditional classification that this one is a Muslim and that one is a disbeliever, it must stop by describing the party itself as it is, so the Christian, Jewish, or Buddhist person must be given his religious description and not the description of a disbeliever; because the Muslim himself, according to traditional Christian religious thought, is described as a disbeliever). The previous source, number 6941. 6 - His doubt regarding the preservation of the Noble Qur'an and his insult to the noble Companions, he says: (I know that many people with simple minds and modest culture may ask: How do we tolerate those who subject the religious text to research and analysis? And I firmly believe that they did not hesitate to declare as disbelievers anyone who dared to ask the following question: How do we trust the Companions who preserved or wrote the verses on skin or bones when the Qur'an was compiled; because such a question invades the taboos created by the people of the religious trend) the previous source 7290. 7 - His doubt regarding the Prophetic hadiths, he says: (Many people do not know
that the first to reject the Prophetic hadiths and demand verification of them were the jurists and men of religion, and I will not mention the second Rightly Guided Caliph 'Umar ibn al-Khattab , who used to beat Abu Hurayrah because of the multitude of his hadiths, and he did not believe him until he brought witnesses, so when 'Umar died, the hadiths from Abu Hurayrah flowed like a flood) Al-Siyasah newspaper, number 9564. And he says: (And 'Urwah used to look at the Companions of the Prophet (peace and blessings be upon him) with his eyes, he said: By Allah, if the Prophet would spit a spittle, it would not fall except into the hand of one of them, so he would rub his face and skin with it, and the summary of the matter is that al-Tabari writes history in a style that has no intellect and no logic, and yet the Muslims did not dare, despite the multitude of their historians, to purify al-Tabari from these absurdities and myths) Al-Anba' Kuwaiti newspaper, number 7283. 8 - His denial that Islam gave man his rights in the rulings, he says: (Then we do not feel ashamed after all that to boast by saying and writing that the Islamic religion was the first to recognize human rights) the previous source, number 6822. And other than that, there is the insult to the religion, the Companions, and the scholars, and the doubt in the texts of the Shari'ah, its clear verses, and the principles of the pure Islam. And what is required from the honorable people of knowledge is to answer the following: 1 - What is the ruling on the statements made by this speaker?
2 - What is the ruling on the one who says these statements and believes them? 3 - What is obligatory toward him? 4 - Is it permissible for newspapers to publish his words and the like under the pretext of freedom of opinion, and what is the stance toward the newspaper that has been accustomed to publishing such statements, and enabling this man and the like of him to write in it? It is not hidden from the honorable scholars that Muslims are in great need in this time when trials have increased of the guidance of the people of knowledge, who do not fear in Allah the blame of any blamer; so that Allah may support the religion through them, and suppress by their word those in whose hearts is disease and the hypocrites. So we call upon you to hasten in answering and guiding to the truth; so that Allah the Exalted may cast the truth upon falsehood through you and crush it, and then it will perish. And Allah is the Helper.
A: First: The hadd of stoning is established by the verse whose wording was abrogated, but its ruling remained, from Surat al-Ahzab: (The old man and the old woman if they commit zina, stone them both, a punishment from Allah, and Allah is Mighty, Wise), and it is established by the mutawatir Sunnah from the Messenger of Allah (peace and blessings be upon him) in his saying and doing, and by the consensus of the Muslims, and none denied it except the people of innovation from the Khawarij and their like. Second: The hadd of apostasy is established by authentic hadiths, such as his saying (peace and blessings be upon him):
It is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul, a adulterer who has been married, and one who separates leaving his religion.
لا يحل دم امرئ مسلم إلا بإحدى ثلاث: النفس بالنفس، والثيب الزاني، والتارك لدينه المفارق للجماعةWhoever changes his religion, execute him.
من بدل دينه فاقتلوهSo Abu Musa al-Ash'ari (may Allah be pleased with him) said: Mu'adh came to me while I was in Yemen. There was a Jewish man who had accepted Islam and then apostatized from Islam. When Mu'adh arrived, he said: "I will not dismount from my mount until he is killed." He had been asked to repent before that.
فعن أبي موسى الأشعري رضي الله عنه قال: قدم عليَّ معاذ وأنا باليمن ، فكان رجل يهودي فأسلم ثم ارتد عن الإسلام، فلما قدم معاذ قال: (لا أنزل عن دابتي حتى يقتل)، قال: وكان قد استتيب قبل ذلكDo not punish with the punishment of Allah.
لا تعذبوا بعذاب اللهWhoever changes his religion, execute him.
من بدل دينه فاقتلوهone among the Muslims whose disagreement is considered differed in this, and praise be to Allah. Third: Preferring the secular state over the Islamic state is preferring disbelief over faith; as Allah the Exalted said:
(51) Have you not seen those who were given a portion of the Scripture, who believe in superstition and false objects of worship and say about the disbelievers, "These are better guided than the believers as to the way"? (52) Those are the ones whom Allah has cursed; and he whom Allah curses - never will you find for him a helper.
أَلَمْ تَرَ إِلَى الَّذِينَ أُوتُوا نَصِيبًا مِنَ الْكِتَابِ يُؤْمِنُونَ بِالْجِبْتِ وَالطَّاغُوتِ وَيَقُولُونَ لِلَّذِينَ كَفَرُوا هَؤُلاءِ أَهْدَى مِنَ الَّذِينَ آمَنُوا سَبِيلا (51) أُولَئِكَ الَّذِينَ لَعَنَهُمُ اللَّهُ وَمَنْ يَلْعَنِ اللَّهُ فَلَنْ تَجِدَ لَهُ نَصِيرًاHave you not seen those who claim to have believed in what was revealed to you, [O Muhammad], and what was revealed before you? They wish to refer legislation to Taghut
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنْـزِلَ إِلَيْكَ وَمَا أُنْـزِلَ مِنْ قَبْلِكَ يُرِيدُونَ أَنْ يَتَحَاكَمُوا إِلَى الطَّاغُوتِBut no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.
فَلا وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًاFifth: Allah (Glorified and Exalted is He) declared the Jews and Christians who did not believe in Muhammad (peace and blessings be upon him) to be disbelievers. He the Exalted said:
(150) Indeed, those who disbelieve in Allah and His messengers and wish to discriminate between Allah and His messengers and say, "We believe in some and disbelieve in others," and wish to adopt a way in between - (151) Those are the disbelievers, truly.
إِنَّ الَّذِينَ يَكْفُرُونَ بِاللَّهِ وَرُسُلِهِ وَيُرِيدُونَ أَنْ يُفَرِّقُوا بَيْنَ اللَّهِ وَرُسُلِهِ وَيَقُولُونَ نُؤْمِنُ بِبَعْضٍ وَنَكْفُرُ بِبَعْضٍ وَيُرِيدُونَ أَنْ يَتَّخِذُوا بَيْنَ ذَلِكَ سَبِيلا (150) أُولَئِكَ هُمُ الْكَافِرُونَ حَقًّاThose who disbelieved among the People of the Scripture and the polytheists were not to be parted [from misbelief] until there came to them clear evidence -
لَمْ يَكُنِ الَّذِينَ كَفَرُوا مِنْ أَهْلِ الْكِتَابِ وَالْمُشْرِكِينَ مُنْفَكِّينَ حَتَّى تَأْتِيَهُمُ الْبَيِّنَةُIndeed, they who disbelieved among the People of the Scripture and the polytheists will be in the fire of Hell, abiding eternally therein. Those are the worst of creatures.
إِنَّ الَّذِينَ كَفَرُوا مِنْ أَهْلِ الْكِتَابِ وَالْمُشْرِكِينَ فِي نَارِ جَهَنَّمَ خَالِدِينَ فِيهَا أُولَئِكَ هُمْ شَرُّ الْبَرِيَّةِThey have certainly disbelieved who say that Allah is Christ, the son of Mary
لَقَدْ كَفَرَ الَّذِينَ قَالُوا إِنَّ اللَّهَ هُوَ الْمَسِيحُ ابْنُ مَرْيَمَThey have certainly disbelieved who say, "Allah is the third of three."
لَقَدْ كَفَرَ الَّذِينَ قَالُوا إِنَّ اللَّهَ ثَالِثُ ثَلاثَةٍYou will surely find the most intense of the people in animosity toward the believers [to be] the Jews and those who associate others with Allah
لَتَجِدَنَّ أَشَدَّ النَّاسِ عَدَاوَةً لِلَّذِينَ آمَنُوا الْيَهُودَ وَالَّذِينَ أَشْرَكُواSixth: Whoever doubts the preservation of the Qur'an from alteration and substitution is a disbeliever; because he is denying Allah in His saying:
Indeed, it is We who sent down the Qur'an and indeed, We will be its guardian.
إِنَّا نَحْنُ نَـزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَFalsehood cannot approach it from before it or from behind it; [it is] a revelation from a [Lord who is] Wise and Praiseworthy.
لاَ يَأْتِيهِ الْبَاطِلُ مِنْ بَيْنِ يَدَيْهِ وَلاَ مِنْ خَلْفِهِ تَنْـزِيلٌ مِنْ حَكِيمٍ حَمِيدٍMuhammad is the Messenger of Allah; and those with him are forceful against the disbelievers, merciful among themselves
مُحَمَّدٌ رَسُولُ اللَّهِ وَالَّذِينَ مَعَهُ أَشِدَّاءُ عَلَى الْكُفَّارِ رُحَمَاءُ بَيْنَهُمْAnd the first forerunners [in the faith] among the Muhajireen and the Ansar and those who followed them with good conduct - Allah is pleased with them and they are pleased with Him
وَالسَّابِقُونَ الأَوَّلُونَ مِنَ الْمُهَاجِرِينَ وَالأَنْصَارِ وَالَّذِينَ اتَّبَعُوهُمْ بِإِحْسَانٍ رَضِيَ اللَّهُ عَنْهُمْ وَرَضُوا عَنْهُCertainly was Allah pleased with the believers when they pledged allegiance to you, [O Muhammad], under the tree
لَقَدْ رَضِيَ اللَّهُ عَنِ الْمُؤْمِنِينَ إِذْ يُبَايِعُونَكَ تَحْتَ الشَّجَرَةِDo not revile my Companions; by him in whose hand my soul is, if one of you contributed the amount of gold equivalent to Uhud, it would not amount to as much as the mudd of one of them, or half of it.
لا تسبوا أصحابي، فوالذي نفسي بيده لو أنفق أحدكم مثل أحد ذهبًا ما بلغ مد أحدهم ولا نصيفهAnd whatever the Messenger has given you - take; and what he has forbidden you - refrain from
وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُواVerily, I have been given the Qur'an and its like with it.
ألا وإني أوتيت القرآن ومثله معهAnd Allah has revealed to you the Book and wisdom
وَأَنْـزَلَ اللَّهُ عَلَيْكَ الْكِتَابَ وَالْحِكْمَةَhas accused Allah (Glorified and Exalted is He) of injustice and tyranny; because Islam is from Allah, and Allah has described it as guidance for people and a mercy. How can it be guidance and mercy if it did not grant people their rights and deliver them from injustice? Whoever describes Islam with this description is a disbeliever, an atheist, and a denier of Allah and His Messenger. We ask Allah for well-being and safety. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.