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Marriage, Apostasy, Ahl-e-Kitab And Mushrik
Posted by Mohammad Ali Soomro on December 15, 2022 at 1:04 amHello there.
My question is that assalamualaikum
I wanted to ask that if someone who’s a Muslim and after reading Ahadith that the covenant between Kufr and Islam is namaz, and whoever abandons namaz has done Kufr. If someone who reads and accepts such ahadith but still doesn’t pray (irregular in prayer or not praying for long time) would that man be considered an apostate? I mean in the terms of Dunia rules, will he be dealt with as an apostate? Because i also heard something that sahabah did not used to consider leaving anything to be disbelief except prayer
Jami` at-Tirmidhi 2622
Narrated Abdullah bin Shaqiq Al-‘Uqayli:
The Companions of Muhammad (ﷺ) didn’t consider leaving anything to be disblief except for the Salat.
So my question is that does leaving salah makes one a kafir, like he is dealt with in this Dunia as a kafir. Like no marriage between him and a Muslim etc? This is question number 1
Secondly even if someone who becomes an apostate by changing their religion. Is it necessary that their marriage would be annulled? I mean i have heard that a Muslim cannot marry a Mushrik, so someone who changes their religion to a Mushrik religion then scholars say that his nikkah is finished because a nikkah cannot be between a Muslim and Mushrik. But for example if a wife of a Muslim man changes her religion to Christianity, does that also annul the marriage? Because even if she was a Christian in the first place, their marriage would still be allowable. This is question number 2
Umer replied 1 year, 1 month ago 3 Members · 29 Replies -
29 Replies
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Marriage, Apostasy, Ahl-e-Kitab And Mushrik
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Dr. Irfan Shahzad
Scholar December 15, 2022 at 1:22 amIn the time of the prophet, the one who did not show up to say the prayer in the mosque was not considered Muslim and considered a hypocrite as they were there and this was their sign as declared by God and his messenger. Kufr is a delibirate denail of a fact. Nowadays, the Muslims who do not fulfill their religious obligations, do not admit that they are committing kufr deliberately, they rather admit they are doing wrong, this admission does not make them kafir but sinners, of course, of a higher degree. They are Muslims with shortcomings.
Answer to second, a Muslim is not supposed to marry a polytheist, except for the people of Book (Christians, as they do not admit, they are polytheists, but monotheists, they have interpretations for their doctrine of the Trinity, this gives them excuse). However, for an already married couple, if one of them changes his or her religion from Islam to other than Islam, their marriage does not become null or invalid automatically, according to our opinion.
In the time of the prophet, it was an exclusive order for then Muslims to cut off all relations with the polytheists on whom Hujjah is completed, and their doom was inevitable. There is no such injunction that makes a marriage bond invalid with the change of faith.
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Mohammad Ali Soomro
Member December 15, 2022 at 2:13 am@Irfan76 for the first question, so if a person after reading the Ahadith which says that it is Kufr to leave namaz, but they still become irregular or get short comings while fulfilling the basic 5 prayers. So wouldn’t that man automatically be considered like a kafir? I mean he read the ahadith and accepted it but do fall in shortcomings for days. So wouldn’t that make them a kafir (in terms of Dunia) like not from among the party of Muslims?
And sir i wanted to ask that if someone at that time of prophet had married
A) someone from ahle kitab
B) or a Muslim woman who later after the period of hujjah became a Christian again.
So wouldn’t that make them the people of doom after itmam e hujjah, hence all ties are to be disconnected which means inevitable separation of husband and wife?
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Dr. Irfan Shahzad
Scholar December 15, 2022 at 9:26 pmSo far as a person claims to be a Muslim we have no authority to declare him or her kafir for not saying prayer or any other rituals of Islam. If he admits it is his fault or makes an excuse for it, it is not kafir. He can become kafir only when he denies outrightly to say prayer and gives no excuse.
In the time of the prophet, if someone retreated to his old religion forsaking Islam, punishment for his previous position being an idolator or one of the people of the Book would be reversed. For the idolator, it was the death penalty and for the people of Book, it was the subjugation and implementation of Jizya.
However, Muslims were allowed to marry the women of the People of Book. So, if a woman reverts to Christianity or Judaism the Muslim man needed not to end the marriage bond, however, it has to end if the wife or husband became an idolator.
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Mohammad Ali Soomro
Member December 16, 2022 at 5:02 am@Irfan76 okay sir, can you explain to me one example?
Like for example a person, tells his wife who is not regular in prayers to pray and shows her hadith about the covenant between Kufr and Iman in namaz and that one who abandons prayer has done Kufr. And yet after a few days of relative regularity in prayers, his wife does later become irregular in prayer, then he again asks his wife that “don’t you believe in this hadith? That it is Kufr to not pray namaz” and she replies “I accept these Ahadith and I do not say they are wrong, but just sometimes my laziness overcomes me and i become irregular, and think that Allah is forgiving so i become lazy and leave sometimes” , so sir in this case would she become a kafir in terms of law of world? And does the marriage of such man be ended with this woman?
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Dr. Irfan Shahzad
Scholar December 19, 2022 at 2:13 amThe answer is given before. Find it to apply in this case. This is not outright denial, which is actually kufr.
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Mohammad Ali Soomro
Member December 19, 2022 at 12:02 pm@Irfan76 sir what would constitute an outright denial? Like if she says that she believes in the ahadith, that it is Kufr but does the same thing out of laziness, so isn’t she technically doing the thing which she is accepting that it’s an act of Kufr.
So would it not be an outright contradiction and denial? Or she would have to say like she doesn’t believe in this ahadith even though she knows it’s true etc, in order to be an outright denial? Can you clarify sir?
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Dr. Irfan Shahzad
Scholar December 19, 2022 at 9:05 pmOutright denial means that one admits that something is true and should be accepted but he or she refuses to accept it without any excuse.
When one feels guilty, he is not kafir. An act of kufr does not necessarily make on kafir. it is the attitude that makes one kafir. There is hardly any person who admits that he denies a truth without any excuse after he has realized it is true.
Muslims usually show laziness in performing religious obligations because of their concept about God and His mercy and other related concepts. Instead of declaring them kafir or hunting kufr in their actions, one should try to provide authentic information to correct their religious concepts.
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Mohammad Ali Soomro
Member September 4, 2023 at 11:06 pm@Irfan76 so sir, when you talk about outright denial then it means not accepting prayer to be obligatory by God without any excuse. Or does it mean outright denial in performing that duty, for suppose if someone is not praying and his friend asks “why are you not praying” and he says “although I believe it’s obligatory, but still i won’t pray because I don’t have mood etc” so without giving any excuse he is not praying, would this be outright denial? or if he would have said “I don’t believe the prayer to be obligatory etc” then it would have been an outright denial?
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Dr. Irfan Shahzad
Scholar September 5, 2023 at 3:51 amOutright Denial needs a statement that I believe this is truth and I do not accept it. only then one stands kafir and we can say he is kafir, here he admits he is denying a truth while he knows it is a truth.
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Mohammad Ali Soomro
Member September 5, 2023 at 7:04 am@Irfan76 So sir outright denial has only to do with the belief and not in action?
and sir if this statement was like this
“I know that Allah has ordered to pray namaz, and that prophet has said that not praying namaz is kufr and I accept this is kufr”
but still after accepting the facts stated above. they miss prayers (praying one day missing 3 days etc) without valid excuses and because of very insignificant excuses like laziness and hot weather etc etc. so would such person be deemed a kafir in terms of worldly legality?
because if someone does kufr and doesn’t believe it to be kufr then we don’t legally in this world deem them as kafir. but if they do kufr and says to knowing that this is kufr, so aren’t they legally considered kafir?
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Mohammad Ali Soomro
Member September 5, 2023 at 11:43 am@Irfan76 sir there’s some confusion.
ghamdi Sahab said in this video, Kufr is denial by words (aitraaf of denial) of any pillar or article of faith. So according to my knowledge when we see someone doing this, we treat them as kafir.
but some actions, in ahadith also and ghamdi Sahab also understands it this way, like not praying Salah is Kufr. but when someone does this same thing we say is kufr, why is it that we do not treat them as kafir.
I want to understand that why doing the first thing mentioned (rejection by words) considered kufr and the doer of it is considered Kafir. but doing the second thing (not praying namaz) which is also kufr, the doer of which is not considered Kafir. I mean the accused of kufr by denial is considered Kafir, but the accused of kufr by action is not considered Kafir?
please clarify the difference.
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Dr. Irfan Shahzad
Scholar September 5, 2023 at 11:10 pmActions need to be explained and interpreted on what grounds one is doing something. Therefore, punishment is not prescribed until an explanation is provided. Therefore a crime like murder receives different punishment because not all murders are done with the same intent or circumstances.
When there are excuses for not doing something, no matter how vague or weak, man is not admitting that he is committing kufr. Take the example of backbiting. This is haram yet you find hardly anyone immune from it. This does not make them kafir because they admit they are doing wrong or justify it with some argument but do not claim that they are outrightly denying God’s order.
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Mohammad Ali Soomro
Member September 6, 2023 at 3:42 pm@Irfan76 sir can this thing have any specific relation with the directive of establishment of namaz and paying of zakat alongwith accepting faith, in surah tawbah ayat 5?. like because not only accepting of faith, but establishment of prayer and zakat was also made as a criteria, upon meeting all these would the polytheist be considered Muslim etc. so I mean those polytheist were not only required to profess faith but also the establishment of prayer and zakat must be seen in them before they would be left alone and treated as Muslims. so if someone were to use this ayat to prove that not only saying and professing faith (like ” I accept the pillars of faith and I accept performing namaz and zakat, I’ll perform these duties”) but they must be actually doing these 2 things before they are considered Muslim. and if they are not found doing these 2 things (namaz and zakat) then they would be considered Kafir. how would we reply to such explanation?
and secondly sir, in ayat 29 of tawbah, were punishment of ahl e kitab is told. were the people of ahl e kitab also required to do these 2 things alongwith professing faith before they would be exempted from subjugation and jizya? or they were only required to profess faith?
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Dr. Irfan Shahzad
Scholar September 7, 2023 at 4:26 amThis is in the context when there were only two possibilities: man either be a Muslim or a polytheist. Therefore it was made compulsory to demonstrate by actions that one is Muslim for which prayer and zakat were nominated, but no the other rituals like Hajj and fasting. Now, we have some other possibilities that a man is not saying prayer out of some excuses or potential excuses like the hypocrites used to do, they avoided prayers occasionally but they were counted as Muslims.
The people of the book were not required to accept Islam and perform prayer and zakat. They were allowed to live under Muslims’ sway after paying for Jizya. However, polytheists were not allowed to stay alive in Hijaz.
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Mohammad Ali Soomro
Member September 7, 2023 at 4:38 am@Irfan76 sir so if a mushrik at that time would have become Muslim but would have said I don’t perform fasting but did these 2 duties. would they have been considered Muslim legally or they would have been treated as non Muslim?
coming to second point, if someone from Ahl e Kitab, wants to get out of this subjugation and save himself from subjugation and he accepted Islam, would the zakat and prayers be conditioned for them too? in order for them to be treated as Muslims and not live under subjugation?
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Dr. Irfan Shahzad
Scholar September 7, 2023 at 4:56 amIn the first case, prayer and zakat were required to treat them as Muslims, after that denying a single trait or ritual is again a kufr and treated likewise.
If an ahl e kitab becomes a Muslim he has to perform prayer and zakat to claim rights as a Muslim at that time.
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Mohammad Ali Soomro
Member September 7, 2023 at 5:03 am@Irfan76 so sir why was zakat and namaz specifically made condition? and why not just mentioning of acceptance of faith enough? because if denying prayer and zakat made them to be treated like kafir, even if they believe article of faiths. then denying fast and Hajj also made them to be treated like Kafir. so where lies the difference? then why zakat and prayer were mentioned separately, if the same result was produced by denying of doing of Hajj or fast? I can’t understand the difference between them
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Dr. Irfan Shahzad
Scholar September 7, 2023 at 5:25 amPrayer and Zakat are the immediate tests, that can be performed all the time, Fasting is a hidden worship. One can lie he is fasting and no one can prove him wrong. For Hajj there are many prerequisites which one can claim are not fulfilled. That is why God has obliged the Muslim government to ask for namaz and zakat only from the Muslims to perform, not other rituals.
الَّذِينَ إِن مَّكَّنَّاهُمْ فِي الْأَرْضِ أَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ وَأَمَرُوا بِالْمَعْرُوفِ وَنَهَوْا عَنِ الْمُنكَرِ ۗ وَلِلَّهِ عَاقِبَةُ الْأُمُورِ
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Mohammad Ali Soomro
Member September 7, 2023 at 5:36 am@Irfan76 okay sir.
sir when the directive was given that if the polytheists “establish prayer” then they must be left. so my question was that what is the establishment here meant as? does it mean that presence of prayer is there, even if it is weak and faulty (like many Muslims nowadays who pray 1 day and don’t pray 2-3 days because of laziness and weak excuses, then again pray for a few days and on and off), if such weak presence of prayer was found , would it suffice the meaning of “establishment of prayer” to an extent that at least they won’t be considered Kafir.
Or is it like “the establishment of prayer” would ONLY happen if there is complete strong presence of prayer, in order for them to be considered Muslim and weakness in it (like not praying due to weak or insufficiently strong reasons) won’t be tolerated for long and they would be amongst those who “don’t establish prayers” and eventually be considered Kafir?
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Dr. Irfan Shahzad
Scholar September 7, 2023 at 5:41 amIt required a complete set of prayers. There reported no case of the effect you mentioned. if it happened, we would see how the prophet would have dealt with it.
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Mohammad Ali Soomro
Member September 7, 2023 at 5:44 am@Irfan76 sir you mean if the polytheists at that time were doing mistakes and kotaahi like Muslims nowadays then they would have been considered Kafir?
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Dr. Irfan Shahzad
Scholar September 10, 2023 at 12:16 amNot every kotahi leads to kufr of course but if their irregularities had increased, they might have been noticed and dealt with accordingly.
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Mohammad Ali Soomro
Member October 1, 2023 at 4:13 am@Irfan76 so sir what would be the level known after which the leader of Muslims at that time would have decided that now their kotaahi has amounted to istikbaar and hence kufr and now they are to be punished with death? or they weren’t allowed to do anything until the person himself confessed that he isn’t going to pray at all, even though many irregularities are seen, but still until unequivocally it’s stated or refused to pray at all, only then was the leader allowed to consider them kafir
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Dr. Irfan Shahzad
Scholar October 3, 2023 at 12:37 amUnjustified kotahi and blatant admission of kufr.
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Mohammad Ali Soomro
Member October 3, 2023 at 12:50 am@Irfan76 sir so both or anyone of these things, if found would be the line?
and sir what is meant by unjustified kotahi? does it mean presenting no excuse, no matter how weak (even if that weak excuse won’t be accepted in eyes of Allah and person would be held accountable, for example laziness)? if someone would have given even the weakest of excuse like laziness, still he would be left alone and not taken action, am I right?
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Dr. Irfan Shahzad
Scholar October 3, 2023 at 1:07 amof course both.
speculations never end. such cases are judged by a judge who investigates all the factors involved. Here we can tell only principles, applications are numerous. So I close the discussion here.
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Mohammad Ali Soomro
Member October 3, 2023 at 3:18 am@Irfan76 sir lastly , if someone presented even a weak excuse of laziness like Muslims nowadays. would he be spared or he be termed kafir?
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Mohammad Ali Soomro
Member October 3, 2023 at 6:41 am@Irfan76 sir I am a little bit confused , can you please help me.
sir when you said “unjustified kotahi” does it mean someone who didn’t pray and when asked about his action. then he didn’t present any excuse at all.
OR
does “unjustified kotahi” also includes any excuse that is not strong enough to make the person completely sinless. like if someone didn’t pray at one time and when the ruler asked him that why didn’t he pray. so he says I became unconscious for hours and that’s why it got missed. Now this excuse is really a strong excuse that would make that person completely sinless in the eyes of Allah. the level where a person becomes completely sinless, any reason presented that is less than that, where a person becomes sinful would make the person eligible for being a kafir?
I’m just confused as to what did you mean by unjustified kotaahi, for example if a person Nisar is found that he didn’t pray Zuhr and asr prayer, and he is asked about his missing of prayer. he replies that “I did some work so I was feeling fatigued and tired and was feeling very lazy because of it, so that’s why I missed those prayers”. now he didn’t blatantly rejected on praying, neither did he say he didn’t pray without any excuse. he insisted that he didn’t do Kufr but it was mistake of sin that he did and he accepts that this is a disobedience mistake. Now his reason is not so strong enough to make him completely sinless in eyes of Allah (like the example of unconscious person). he infact would have beared some sin on his shoulder too because being despite being tired and fatigues or lazy. he couldn’t have prayed at least the Fardh rakat. so he is a sinner of some degree in eyes of Allah. but he also did not come up without excuse or with open statement of rejection. he presented excuse and he insisted that he did wrong but he didn’t miss prayer in rejection. so would such person would have been termed kafir, if he was in the time of prophet after itmam e hujjah?
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Umer
Moderator October 3, 2023 at 8:52 amMuhammad Ali Soomro Sahab, Dr. Irfan has alread responded to these questions. The discussion seems to be going in a circle and the scenarios being asked are based on speculation regarding past for which no evidence is available. For such matters only principles can be told.
It is recommended to go through the discussion once again and in case something is not clear which has not previously been asked, can be asked again in a new thread.
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