How accurate is the statement by some scholars that “whoever practices or seeks sorcery has committed disbelief”?

The questioner : Our Shaykh, may Allah preserve you, we have benefited greatly from you, especially regarding the rules of declaring someone a disbeliever. In the matter of declaring someone a disbeliever, there is discussion regarding the nullifiers of Islam concerning the issue of sorcery. It is stated that whoever practices or seeks it has committed disbelief. What do you say about this issue?

The Shaykh : Repeat it for me.

The questioner : There are books written on the nullifiers of Islam that state that whoever practices or seeks sorcery has committed disbelief. It may occur to some people that this is a matter of doctrinal disbelief. So what do you think if we use this expression: “whoever practices or seeks sorcery”? Do you see any detail in the issue of disbelief?

The Shaykh : In the issue of declaring someone a disbeliever, you mean?

The questioner : Yes, declaring someone a disbeliever.

The Shaykh : Sorcery, as is clear to everyone, has types. We are speaking now of the sorcery that is forbidden by the Shari'ah. Some of it is agility, sleight of hand, and skill in handling certain material matters that have no connection to seeking the aid of the jinn. This type of sorcery is something we can only classify as practical disbelief, not doctrinal disbelief. However, if it is of the other type, which involves seeking the aid of the jinn, or more precisely, the devils of the jinn, and submitting to what they demand from the one who seeks their help to fulfill his need, then there is no doubt that there are matters in this that are among the things that make one a disbeliever. For this type, it can be said what you mentioned: it is not permissible, neither in practice nor in seeking it. And we know that the Prophet (peace and blessings be upon him) used to say And in another hadith in "Sahih Muslim"

The questioner : Peace be upon you.

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.

The questioner : This is the companion of Abu Malik.

The Shaykh : Welcome, welcome. How are you? May you be well, praise be to Allah. In this hadith, the Messenger (peace be upon him) says This disbelief, as we say on many occasions, is divided into two categories: doctrinal disbelief and practical disbelief. Doctrinal disbelief is when a Muslim—pay attention, young man—when a Muslim considers lawful what Allah the Mighty and Majestic has forbidden, while he knows it is forbidden, and he considers it lawful in his heart. This is considered disbelief of apostasy because he denies a ruling of the Shari'ah that he knows Allah has legislated, and then he denies it. And at that point, it applies to people like them, as in His saying, Blessed and Exalted is He: So his saying (peace and blessings be upon him) in this hadith: This disbelief here can be interpreted as doctrinal disbelief, provided there is the consideration of it lawful, and it can be interpreted as practical disbelief, which does not mean the doctrinal disbelief that entails leaving the religion. Each has its perspective, and either meaning—whether doctrinal disbelief or practical disbelief—can be used to interpret this hadith, depending on this fortune-teller. If he considers it lawful in his heart what he knows, as we said earlier, is among what Allah has forbidden, then he is a disbeliever. But if he does not consider it lawful in his heart, but he does it in practice, and there are many, many examples of this that people are afflicted with today in the vast, very vast Islamic world, from considering zina, intoxicants, and riba (usury or interest) lawful, and so on. This consideration of it lawful, if it is in the heart, is disbelief itself. For example, some of the youth today, when they are commanded to pray, it is not possible to imagine a young Muslim who grew up in an Islamic environment not knowing that Allah the Mighty and Majestic has made obligatory upon every adult Muslim five prayers every day and night. So he knows. If he is reminded, and the one reminding him knows that this young man does not pray, and he admonishes and reminds him, his answer might be: "My brother, the time for this prayer has passed. That was in the time of early Islam, when they were Bedouins, they were dirty, and they did not know anything of civilization and culture, and so on. The time for this prayer has passed." This is denial and rejection of what is known from the religion by necessity. But other youth, and perhaps the majority of them, respond to the reminder and admonition with: "May Allah accept our repentance." This is a good expression, but there may be an expression that is not good: "And Allah, even if He wills." Subhan Allah, "even if He wills"? He commanded you to pray; He willed it from the day He said: What does "even if He wills" mean? The will is connected to you. So these are less severe than the first group. And this is ignorance of the expression "even if He wills," as if Allah the Mighty and Majestic does not want good for His servants, and He has legislated for them all good in this vast Islam. The point is: if this fortune-teller or soothsayer considers it lawful in his heart to seek the aid of the jinn, the devils of the jinn, about whom Allah the Mighty and Majestic said regarding a group of humans who, before Islam, used to seek the aid of the jinn, He said: meaning toil and misguidance. So if this fortune-teller or soothsayer seeks the aid of the devils of the jinn while considering it lawful, he is a disbeliever, as we mentioned. But if he says, as we said about those who steal, commit zina, drink, and engage in riba (usury or interest), "May Allah accept our repentance," this means he admits that he is wrong, as it was said long ago: "Some evil is less than some." If this fortune-teller or soothsayer has this stance, it is not said of him that he is a disbeliever, or that he has committed disbelief in the sense of apostasy from the religion. And therefore he (peace and blessings be upon him) said, explaining this type of disbelief, and this issue is actually very important from the jurisprudential perspective: This is like a text indicating that the one who comes to the soothsayer or fortune-teller is not a disbeliever, because if he were a disbeliever, His saying, Blessed and Exalted is He, would apply to him: And our Lord the Mighty and Majestic raised the Ummah of Muhammad (peace and blessings be upon him) in some addresses he directed to the person of the Messenger, which does not mean the person of the Messenger but means the Ummah of the Messenger (peace be upon him), such as his saying (peace and blessings be upon him) in what we are discussing: So when he said in the last hadith: First, specifically regarding the Fajr prayer, this means that the other prayers are accepted. And second, he specified the non-acceptance of this prayer, the Fajr prayer, for forty days, which means that beyond that, his prayer is accepted. So if his disbelief were disbelief of apostasy, his work would not be accepted at all; it would be nullified completely. Therefore, Abu 'Abd al-Rahman, the expression you asked about must be interpreted in light of this detail. It is clear.

The questioner : May Allah reward you with good, our Shaykh. If we said, for example, in a book that is easy for people, "one whose heart is at peace with it," for example, or "one who considers it lawful."

The Shaykh : Not all roads lead to the mill. That is the meaning.

The questioner : So, "one whose heart is at peace with it" is fine, or is "one who considers it lawful" better?

The Shaykh : I do not approve of such an expression, because that is said regarding faith. The important thing is that he considers it lawful, and that is the end of the matter.