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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible to rule that the grave-worshippers are Muslims if we say that the argument has not been established against them, or should we suspend judgment regarding them?

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The questioner : All right, if we say that the call to Islam has not been established against them, especially the grave-worshippers among them.

The Shaykh: Yes.

The questioner : Should we rule that they are Muslims, or should we suspend judgment regarding their matter...?

The Shaykh : I do not see suspending judgment if they testify, pray, pay zakah, and perform Hajj. It is not permissible for us to suspend judgment because they possess the symbols of Islam. We all know the story of that Companion who dueled a man from among the polytheists. When the polytheist felt that he was under the blow of the Muslim's sword, he said: "I testify that there is no god but Allah." So the Companion struck him and killed him. When that reached the Prophet (peace and blessings be upon him), he became angry and said:
How did you kill him when he said, "There is no god but Allah"?! كيف قتلته وقد قال لا إله إلا الله ؟!
Sunan al-Bayhaqi 17:1283
. He said: "He did not say it except out of fear." He said:
Why did you not split his heart? هلَّا شَقَقْتَ عن قلبه ؟!
Mishkat al-Masabih 3450, 3451
.
Of course, the answer is: No. And when we study this incident in the ninety-ninth chapter, we find that this disbeliever did not say "There is no god but Allah" at that moment except as an act of fleeing from death, out of fear of death. But Islam judges by the apparent and leaves the judgment of the inner secrets as they are, as is the jurisprudential rule, which is derived from a hadith in "Sahih Muslim": Yes, indeed
You come to me with disputes, and one of you is more insistent in his argument than the other. I only judge for each man based on what I hear from him. So, if I judge for him against his brother's right, I am only judging for him with a piece of the Fire. إنكم تتخاصمون إليَّ ، وإن أحدكم ألحَنُ بحجته من بعض ، فإنما أحكم لكل رجل بما أسمع منه ، فَمَن حكمتُ له من حقِّ أخيه فإنما أحكم له بقطعة من النار
or as he (peace and blessings be upon him) said. If the Messenger (peace be upon him) rebuked that Companion for killing that disbeliever because he said "There is no god but Allah" at that moment, then it is not permissible for us to rule that one who continues to testify that there is no god but Allah and that Muhammad is the Messenger of Allah, and then commits many of its pillars, which we see with our own eyes, is not a Muslim. But we may rule that he has not understood Islam correctly, and this is what we are certain of regarding many of these people. Here we say: It is necessary to establish the argument against them so that we can then say: These are not Muslims.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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