The Ruling on Excusing a Polytheist Due to Ignorance and the Fatwas of Evil Scholars

Question:
There are countless questions, and we present whatever is feasible according to the time available. The first question is from a man who asks: Is a person excused if he associates partners with Allah out of ignorance and belief in the fatwas of evil scholars, such as listening to the fatwas of scholars who issue rulings regarding the tombs around graves?

Answer:
This issue requires a detailed explanation, because matters of shirk (associating partners with Allah) are the most important matters, and the primary objective of the messengers was to abandon associating partners with Allah and to devote worship exclusively to Allah. This is the first objective the messengers came with: the tawhid (oneness of Allah) of Allah, sincerity to Him, and abandoning the association of partners with Him, Glorified and Exalted is He. The default ruling is that one who engages in shirk is not excused; this is the default, because the evidence has been established for this, and it is the clearest and most evident of matters. Calling upon the dead, seeking aid from the dead, circumambulating graves, asking them to fulfill needs, heal the sick, or provide support in what people need—this is among the greatest of major shirk. Circumambulation is not performed except around the Ka'bah according to all Muslims; it is known among all Muslims. Therefore, circumambulating graves is among the forbidden innovations and among the means to shirk. If one intends by the circumambulation to draw near to the occupant of the grave, it becomes major shirk. Likewise, calling upon the dead, seeking aid from the dead, and making vows to them, as some people do at some graves, saying, "O my master so-and-so, I am in your protection, I have come seeking refuge in you, I ask you to heal my sick, I ask you to return my missing one, I ask you to cure me of such-and-such, I ask you to help us against our enemy," and the like—this is major shirk, we seek refuge in Allah. This is the shirk of the first polytheists and others. Allah sent the messengers to deny it, warn against it, and call people to the tawhid of Allah and sincerity to Him, Glorified and Exalted is He. However, if one is in the remote areas of Africa or the remote areas of America, or in lands far from knowledge and Islam, and falls into this matter, he has the ruling of the people of the intervals (ahl al-fatarat). His case is left to Allah on the Day of Resurrection. His ruling in this world is the ruling of the disbelievers, as indicated by the Sunnah regarding the people of the pre-Islamic age of ignorance (jahiliyyah). Their case is left to Allah on the Day of Resurrection: if He wills, He will guide them and they will accept the command on the Day of Resurrection; if He wills, He will abandon them. They will be tested on the Day of Resurrection: whoever accepts the command will enter Paradise, and whoever refuses will enter the Fire. These are the people of the intervals to whom the call of the messengers did not reach. Similarly, the children of polytheists who died young have the ruling of the intervals according to the correct opinion. Likewise, if the messengers overtake a person who is insane and has no intellect, he is among the people of the intervals on the Day of Resurrection. As for one who is among the Muslims, worships graves, seeks aid from the dead, and does not ask the scholars or benefit from them, he is not excused according to the correct opinion. Some scholars said that he is excused, meaning that he is not declared a disbeliever until he knows, due to the presence of similar cases among evil scholars and the ignorant. But this is not correct. The correct view is that he has the ruling of the disbelievers, but he is not killed until he is given the opportunity to repent. If Allah makes a righteous state available that gives him the opportunity to repent and teaches him, then if he repents, well and good; otherwise, he is killed as a disbeliever. He is not convinced after the proof has been established against him.