The criterion for the sin that makes the doer an open sinner
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Does a single sin make a person an open sinner? And is there a difference between an apparent sin, such as shaving the beard, and others?
It is well known among the scholars that a single major sin makes the doer an open sinner, as long as he does not repent from it. As for a minor sin, it does not make him an open sinner unless he persists in it and continues to commit it. Thus, shaving the beard, for example, may make one an open sinner; because his persistence in a minor sin is evidence of his negligence toward Allah, Mighty and Majestic, and toward His commands or prohibitions. This is a major sin with regard to the heart. For this reason, it is not far-fetched that a single minor sin becomes a major sin if a person commits it out of contempt for the ruling of Allah, Mighty and Majestic, and out of indifference, rather than out of a psychological desire that compelled him to do so. A minor sin may become a major sin.
Some scholars said: A major sin may also become a minor sin if the person’s heart is filled with modesty before Allah, Mighty and Majestic, and shame at the time of the act, but his soul, which incites to evil, compelled him to do it. This may be subject to consideration. The fact that a minor sin becomes a major sin according to the negligence present in the heart toward it is not far-fetched. However, the consideration remains regarding what follows from his open sinfulness? Does it follow that we reject his testimony, or that we prevent him from leading the prayer, or that we prevent him from being a guardian, or the like? This is a point of disagreement among the scholars.Some scholars say: If a person commits open sin, his guardianship is dropped, to the extent that he cannot marry off his daughter, nor be an imam in the congregation, nor is his testimony accepted. However, there is a consideration in this; because if we adopted this view, we would find that few people are qualified for testimony, guardianship, and leading the prayer, except rarely. I will give you an example other than the beard; many people may let their beard grow and not touch it with harm, but backbiting—few are safe from it, and it is among the major sins. If a person commits it once and does not repent, he becomes an open sinner and his integrity is dropped. If we adopted this view that an open sinner cannot be a guardian, an imam, a witness, or a judge, the matter would become very problematic; because few are safe from backbiting. Even the committed, when they are in their gatherings, may backbite. And, unfortunately, the committed may be incited to backbite about those who backbite even more severely and greatly. These committed people may be incited to backbite about the scholars, the callers to Islam, the rulers, and the sultan. Backbiting about these and other rulers, even if their authority is small—such as a school principal, for example—is greater than backbiting about ordinary people. This becomes clear by the fact that if we backbite about the scholars, for example, people’s trust in them decreases. And if people’s trust in them decreases, people’s acceptance of what they say from the Shari'ah of Allah decreases. And this is a great danger.
If we backbite about the rulers or the sultan, people’s awe of them decreases, and rebellion against them and disobedience to them becomes easy. And this is a great breach of security. Therefore, backbiting about the rulers, from among the scholars and the rulers, is greater than backbiting about ordinary people; because if backbiting about ordinary people results in harm, it is only for the person himself; because he is not a standard or a role model in anything.
So the conclusion is that the view that an open sinner’s leading of prayer, guardianship, and testimony are dropped is a weak view. Yes.
If it were assumed that rejecting his testimony, preventing his guardianship, or removing him from leading the prayer would result in a benefit for him and for others, such that he would stop the sin and others would be deterred, then preventing him from that would be appropriate. And this would be from the category of discretionary punishment by removal from positions of authority. Discretionary punishment by removal from positions of authority is permissible in the Shari'ah. It was narrated that (the Prophet (peace and blessings be upon him) saw a spittle on the qiblah of the mosque, and it was from the imam, so he removed the imam) And this punishment is a basis for removal from positions of authority and jobs and the like.
Does a single sin make a person an open sinner? And is there a difference between an apparent sin, such as shaving the beard, and others?
It is well known among the scholars that a single major sin makes the doer an open sinner, as long as he does not repent from it. As for a minor sin, it does not make him an open sinner unless he persists in it and continues to commit it. Thus, shaving the beard, for example, may make one an open sinner; because his persistence in a minor sin is evidence of his negligence toward Allah, Mighty and Majestic, and toward His commands or prohibitions. This is a major sin with regard to the heart. For this reason, it is not far-fetched that a single minor sin becomes a major sin if a person commits it out of contempt for the ruling of Allah, Mighty and Majestic, and out of indifference, rather than out of a psychological desire that compelled him to do so. A minor sin may become a major sin.
Some scholars said: A major sin may also become a minor sin if the person’s heart is filled with modesty before Allah, Mighty and Majestic, and shame at the time of the act, but his soul, which incites to evil, compelled him to do it. This may be subject to consideration. The fact that a minor sin becomes a major sin according to the negligence present in the heart toward it is not far-fetched. However, the consideration remains regarding what follows from his open sinfulness? Does it follow that we reject his testimony, or that we prevent him from leading the prayer, or that we prevent him from being a guardian, or the like? This is a point of disagreement among the scholars.Some scholars say: If a person commits open sin, his guardianship is dropped, to the extent that he cannot marry off his daughter, nor be an imam in the congregation, nor is his testimony accepted. However, there is a consideration in this; because if we adopted this view, we would find that few people are qualified for testimony, guardianship, and leading the prayer, except rarely. I will give you an example other than the beard; many people may let their beard grow and not touch it with harm, but backbiting—few are safe from it, and it is among the major sins. If a person commits it once and does not repent, he becomes an open sinner and his integrity is dropped. If we adopted this view that an open sinner cannot be a guardian, an imam, a witness, or a judge, the matter would become very problematic; because few are safe from backbiting. Even the committed, when they are in their gatherings, may backbite. And, unfortunately, the committed may be incited to backbite about those who backbite even more severely and greatly. These committed people may be incited to backbite about the scholars, the callers to Islam, the rulers, and the sultan. Backbiting about these and other rulers, even if their authority is small—such as a school principal, for example—is greater than backbiting about ordinary people. This becomes clear by the fact that if we backbite about the scholars, for example, people’s trust in them decreases. And if people’s trust in them decreases, people’s acceptance of what they say from the Shari'ah of Allah decreases. And this is a great danger.
If we backbite about the rulers or the sultan, people’s awe of them decreases, and rebellion against them and disobedience to them becomes easy. And this is a great breach of security. Therefore, backbiting about the rulers, from among the scholars and the rulers, is greater than backbiting about ordinary people; because if backbiting about ordinary people results in harm, it is only for the person himself; because he is not a standard or a role model in anything.
So the conclusion is that the view that an open sinner’s leading of prayer, guardianship, and testimony are dropped is a weak view. Yes.
If it were assumed that rejecting his testimony, preventing his guardianship, or removing him from leading the prayer would result in a benefit for him and for others, such that he would stop the sin and others would be deterred, then preventing him from that would be appropriate. And this would be from the category of discretionary punishment by removal from positions of authority. Discretionary punishment by removal from positions of authority is permissible in the Shari'ah. It was narrated that (the Prophet (peace and blessings be upon him) saw a spittle on the qiblah of the mosque, and it was from the imam, so he removed the imam) And this punishment is a basis for removal from positions of authority and jobs and the like.