Major Kufr (disbelief) can be in belief, and saying, and action.
This dictates that an individual can have a belief which is major kufr, or say something that is major kufr, or do an act of major kufr, which could make him a kaafir, a disbeliever [after the establishment of the proof against him].
Major Kufr in belief – Like believing that Allaah has a partner, or believing that Allaah has defects with His Names or Attributes, or believing that the Companions had defects in their religion or believing fornication and wine are Moobaaha (permissible).
Major Kufr in saying – Like reviling Allaah, or his messenger, or the angels, or the religion of Islaam. This also includes making fun of Allaah or His Verses or His messenger. All these sayings are major kufr no matter how it was: with seriousness or out of laughter, making it permissible or not making it permissible. These actions take one outside the fold of Islaam after the establishment of the hujjah (proof).
Major Kufr in action – Like prostration to a statue, a grave, the sun or moon and throwing the Qur’aan into rubbish. This again only after the establishment of the Hujjah.
And there are other acts of major kufr in belief, action, and sayings but something which is imperative for one to understand here in this principle is that “Not judging by what Allaah has revealed” is not included in these acts of major kufr, which do not need one to make permissible before acknowledging that this is major kufr. However, takfeer cannot be applied on major kufr until the proof is established first.
The reason for this is because all the acts of kufr mentioned above fall under kufr al akbar (major kufr) and are connected to action of the heart however “not judging by what Allaah has revealed” cannot be understood to be kufr al akbar connected to the heart, until the proof is established against him first.
EVIDENCE FOR PRINCIPLE SEVEN
The saying of Allaah:
وَلَئِن سَأَلْتَهُمْ لَيَقُولُنَّ إِنَّمَا كُنَّا نَخُوضُ وَنَلْعَبُ قُلْ أَبِاللّهِ وَآيَاتِهِ وَرَسُولِهِ كُنتُمْ تَسْتَهْزِئُونَلاَ تَعْتَذِرُواْ قَدْ كَفَرْتُم بَعْدَ إِيمَانِكُمْ
“If you ask them (about this), they declare: “We were only talking idly and joking.” Say: “Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?” “Make no excuse; you have disbelieved after you had believed…”
إِنَّهُ مَن يُشْرِكْ بِاللّهِ فَقَدْ حَرَّمَ اللّهُ عَلَيهِ الْجَنَّةَ وَمَأْوَاهُ النَّارُ وَمَا لِلظَّالِمِينَ مِنْ أَنصَارٍ
“Verily, whosoever sets up partners in worship with Allaah, then Allaah has forbidden Paradise for him, and the Fire will be his abode. And for the Zaalimoon (polytheists and wrongdoers) there are no helpers.”
[Al Maa’ídah (5):72]
مَن كَفَرَ بِاللّهِ مِن بَعْدِ إيمَانِهِ إِلاَّ مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالإِيمَانِ وَلَـكِن مَّن شَرَحَ بِالْكُفْرِ صَدْرًا فَعَلَيْهِمْ غَضَبٌ مِّنَ اللّهِ وَلَهُمْ عَذَابٌ عَظِيمٌ
“Whoever disbelieved in Allaah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allaah, and theirs will be a great torment.”
So all actions of kufr in belief, sayings and actions that reach the level of kufr al akbar, are actions that take one out of the fold of Islam, after the establishment of the proof against the individual. With an exception to the one who is being forced whilst his heart is full of Imaan as in Soorah an-Nahl.
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