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CHAPTER - IV
بَابُ الْقَسَامَةِ
AL-QASAMAH - OATHS
The Arabic word is al-Qasamah (LLals). It is to take an oath. In Sari'ah, it refers to a murder
in a village or neighbourhood, or anywhere near to it, when the murderer is not traced,
then the state or government should investigate. If the murderer is traced, then the law
will take its course against him. If not, then fifty men of that place (selected by the next of
kin of the slain man) will be put to oath. Each of them shall depose in this way, "By Allah
(or, I swear by Allah), neither have I killed him nor do I know who has slain." This is as
Imam Abu Hanifah ales, contends and it is based on the well-known hadith.
البَيِّنَةُ عَلَى الْمُدَّعِيِّ وَالْيَمِيْنُ عَلَى مَنْ آَنْكَّرَ
(The plaintiff should present a witness while the defendant must take an oath.)1
It is suggested also by the haidth # 3531.
The contention of Imam Shafi'i , and Imam Ahmad, is that if there was animosity
between the inhabitants of the village or locality, or of its surroundings. (Where the body
is found and the murdered man, or some strong pointers are found suggesting that
someone there could have been the murderer, then the next of kin of the murdered man
will be put to oath. They will depose, "We swear by Allah, you have killed him.". If they
refuse to take the oath, then the accused will be made to swear. This is indicated by the
first hadith of this chapter (#3532)
Qisas, or retaliation is not wajib (obligatory) when resorting to qasamah, even if the
accusation is of deliberate murder. But, diyah or blood wit is wajib (obligatory) in this case
(oath-taking) whether the accusation is of deliberate murder or of accidental murder.
However, Imam Maalik ales, said that if it is an accusation of deliberate killing then qisas
should be imposed. Imam Shafi'idus, also said the same thing in his ancient ruling.
It must be known that this form of qasamah was prevalent during the jahiliyah (ignorance
period) too. The Prophet ,le ao retained it. He passed judgment according to it for
the slain Ansar whose murder the ansars had blamed on the Jews of the Khaybar.
SECTION I
الفضل الأول
WHO WILL BE PUT TO OATH
(٣٥٣١) وَعَنْ رَافِعٍ بُنِ خَدِيٍْ وَسَهْلٍ بُنِ آَنِيْ حَقْمَةً أَّهُمَا حَدَّثَا أَكَّ عَبْدَاللَّهِ بُنَّ سَهْلٍ وَمُحِّصَّةً بُنَّ
مَسْمُوُدٍأَتَيَا خَيْبَرَ فَتَفَرَّقَا فِي النَّخْلِ فَقُتِلَ عَبْدُ اللّهِ بْنُ سَهْلٍ فَجَاء عَبْدُ الرَّحُمُنِ بْنُّ سَهْلٍ وَحُوَيِّصَهُ وَمُحَِّةٌ
ابْنَا مَسْعُوْدٍ إِلَى النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَتَكَلَّمُوْا فِي أَمْرِ صَاحِبِهِمْ فَبَدَأَ عَبْدُ الرَّحْمنِ وَكَانَ أَصْغَرُ الْقَوْمِ
فَقَالَ لَهُ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَبِرِ الْكُبْرَ قَالَ بَحُى بُنُ سَعِيدٍ يَعْنِى ◌ِيَلِيَّ الْكَلَامَ اْلَأَكْبُ فَتَكُلَّمُوْا فَقَالَ
الَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اسْتَحِقُوا قَتِيْلَكُمْ أَوْقَالَ صَاحِبَكُمُ بِأَيْمَانٍ خَمْسِيْنَّ مِنْكُمُ قَالُوا يَا رَسُؤُلَ
1 Tirmidhi # 1341(1346)
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اللَّهِ أَمْرْ لَمْ نَرَهُ قَالَ قَتُبَرِّنُّكُمْ يَهُوْدُ فِي أَيْمَانٍ خَمْسِيْنَ مِنْهُمُ قَالُوا يَا رَسُولَ اللَّهِ قَوْمٌ كُفَّارْ فَقَّدَاهُمُ
تَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِنْ قِبَلِهِ وَفِيْ رَوَايٍَ تَجْلِفُونَ خَمْسِيْنَّ يَمِيْنَّا وَتَسْتَحِقُوْنَ فَاتِلَهُمُ
أَوْصَاحِبَكُمْ فَوَدَاهِ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِنْ عِنْدِهِ بِمِائَةٍ نَاقَةٍ - (متفق عليه)
رضى الله and Sayyiduna Sahl ibn Abu hathmah رضى الله عنه Sayyiduna Rafi ibn Khadij .3531
رضى الله عنهand Muhayyisah ibn Mas'ud رضى الله عنه) narrated that Abdullah ibn sahl عنه
came to Khaybar. When they separated from one another (one day) among the palm
trees and (finding him alone) someone killed Abddullah ibn Sahlus a +).
(Thereafter) Abdur Rahman ibn Sahl «sån +, (the real brother of the slain Abdullah)
and the (two) sons of Mas'ud, Huwayyisah and Muhayyisah (paternal cousins of
the slain man) came to the Prophet صلى الله عليه وسلم and informed him of what had
happened to their relative. Abdur Rahman us à+, (the brother of the slain man)
who was the youngest of the lot was the first to speak. The Prophet صلى اللهعليه وسلم said
to him, "Kabbir al-Kubr" (Respect the eldest of you. Let him speak.) Yahya ibn
Sa'eed رحمه الله (a narrator of this hadith) said that the Prophet's صلى الله عليه وسلم words
meant, 'Let the eldest take charge of speaking.' Then, they spoke (meaning the
eldest of them). The Prophet صلى الله عليه وسلم said, "If fifty of you take oaths then you
will be eligible to seek blood wit or retaliation for your man who is murdered." Or,
he said, "your companion." They submitted, "O Messenger of Allah, it is
something that we had not seen. (We cannot say definitely who had killed.)" He
said, "fifty of the Jews will take oaths and acquit themselves." (Their oaths will
prove them innocent.) They said, "O Messenger of Allah, they are disbelievers.
(Their oaths are meaningless and unreliable.)" So (to bury the mischief) Allah's
Messenger صلى الله عليه وسلم paid the blood wit himself (to the heirs of the slain man).
According to another version: he said, "Swear fifty oaths and be entitled to
the blood wit of your man who is murdered," or, he said, "Your companion."
Then Allah's Messenger صلى الله عليه وسلم himself paid his blood wit amounting to
one hundred she-camels.1
COMMENTARY: The person who is the eldest must be honoured. He should initiate
conversation.
This hadith is evidence that it is allowed to plead in matters of hudud or prescribed
punishments, even for those who are present the guardian of the deceased was his real
brother, Abdur Rahman ibn Sahlus & »), while Huwayyisah and Muhayyisah were his
paternial cousins.
Ths hadith says that the plaintiff should be put to oath first. But, the Hanafis say that the
defendant is to be made to swear initially.
وَهُذَا الْبَابُ خَالٍ عَنِ الْفَضْلِ الثَّانِ
And this chapter is without section-II
1 Bukhari # 6142, 6143, Muslim # 2-1669, Tirmidhi # 1422, Nasa'i # 4712, Musnad Ahmad 4-142

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الفَصلُ الثَّالِثُ
SECTION III
DEFENDANT SHOULD BE PUT TO OATH FIRST
C
(٣٥٣٢) عَنْ رَافِعْ بُنِ خَدِيٍْ قَالَ أَصْبَحَّ رَجُلْ مِنَ الْأَنْصَارِ مَقْتُوُلًا يَخَيْبَرَ فَانْطَلَقَ أَوْلِيَاءُه إِلَى النَّبِيِّ صَلَّى اللّهُ
عَلَيْهِ وَسَلَّمَ فَذَكَرُوا ذَلِكَ لَهُ فَقَالَ آَلَكُمْ شَاهِدَانٍ يَشْهَدَانٍ عَلَى قَإِلِ صَاحِبِكُمْ قَالُوا يَا تَسُولَ اللهِ
لَمْ يَكُنُ ثَزَّ أَحَدْ مِنَ الْمُسْلِمِيْنَ وَإِنَّمَا هُمْ تَهُوُدُ وَقَّدْ تَرِؤُنَ عَلَى أَعْتَمَ مِنْ هُذَا قَالَ فَاخْتَارُوا مِنْهُمُ
خَمْسِيْنَ فَاسْتَحْلِفُوْهُمْ فَأَبَوْا فَوَدَاهُ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِنْ عِنْدِه-(رواه ابو داؤد)
3532. Sayyiduna Rafi ibn Khadija , narrated that a man of the Ansar was
killed (and he was Abdullah ibn Sahl sa >,). His relatives went to the Prophet
and mentioned to him what had happened. He asked them, "Do you صلى الله عليه وسلم
have two witnesses who might testify to the murderer of your man?" They
submitted, "O Messenger of Allah, no Muslim was there at the time. Only Jews
were there (and they are known to create mischief) and they are impudent enough
to perpetrate things more grave than that." He said, "Then select fifty of them
and put them to oath." But, they did not agree (to put the Jews to oath knowing
that they would not hesitate to take false oath). So, Allah's Messenger ,,lean
paid his blood wit himself.1
COMMENTARY: Mulla Ali Qari ales, points out that the defendants are called upon to
swear first. The Hanafis observe this practice. He has mentioned all arguments of different
imams and concluded that the Hanafi practice is correct.
CHAPTER - V
KILLING APOSTATES & THOSE WHO
STRIVE TO CAUSE CORRUPTION
بَابُ قَتْلٍ أَهْلِ الْرِدَّةِوَالسُّعَاةِالْفَسَادِ.
WHO IS A MURTAD: Murtad is an apostate. He turns away from the folds of the religion
of Islam. He exits from the light of faith and Islam and enters the dark recesses of disbelief
and polytheism.
COMMAND ABOUT AN APOSTATE: (We seek refuge in Allah from such thought). If a
Muslim apostates, then, first, he must be invited to Islam and if he has some confusion and
queries then they must be clarified for him. This is not, however, wajib (obligatory) but
merely mustahab (desirable) because he already has received the invitation to Islam and it is
not necessary to renew it. However, such a person should be put in prison for three days.
If he repents and returns to the fold of Islam in three days, that is good for him, otherwise
Islam prescribes a death penalty for an apostate. Some ulama (Scholars) hold that respite
should be given to him if he requests for a deferment otherwise there is no need to defer
the punishment, but ImamShafi'i anes, holds that it is wajib (obligatory) that the ruler grant
him a three day breather. But, the Quran says:
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أُقْتُلُوا الْمُشْرِكِيْنَ
{kill the polytheists)(9. 5)
. And, the Prophet صلى اللهعليهوسلم said'
مَن بَّدَّلَ دِيْنَه فَاقْتُلُوهُ
(He who changes his religion Islam, kill him.)
This means that it is not wajib (obligatory) to give an opportunity to the apostate to think over.
WHO STRIVES TO CAUSE CORRUPTION: The second portion of the caption concerns
those who strive to create mischief. Generally, this refers to those who make mischief on land,
commit robbery and indulge in killing and man-salughter, and disturb the peace and comfort
of the people. However, here reference is made specifically to robbery, and to highway
robbery. The prescribed punishment for these crimes too is killing. The Quran says:
إِنَّمَا جَزَآءَ الَّذِينَ يُحَارِ بُوْرَ اللّهُ وَرَسُوْلَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا
{The only recompense of those who wage war against Allah and His Messenger and
strive to do corruption in the land is that they should be slain .... } (5 : 33)
MORE COMMANDS ABOUT APOSTACY & APOSTATES: Our lives these days are
very unbridled. We speak carelessly and we do not conform to our beliefs and ideologies.
Our deeds belie our faith. The result is that we often utter with our tongues such things as
we consider insignificant but they cast us nearer to the borders of disbelief. We do many
such deeds which we give no thought but they lead us to the brink of disaster and cause us
loss in the hereafter. Hence, some explanation follows in the next lines.
FATAWA ALAMGIRI: The Fatawa Alamgiri has set aside a complete chapter on the
commands and rules concerning apostates. Except for some part of it treating rare issues,
we reproduce the entire chapter here. It is essential for every Muslim to know them so that
he is careful in his speech and does not utter what might lead him to infidelity, and he does
not do that which smacks of disbelief.
APOSTATE: In general parlance, a murtad is one who turns away from the religion of
Islam. Its essence is to utter with the tongue words of disbelief after possessing faith and
the term apostate may be applied to anyone correctly if he is sane.
INSANE: Hence, it is not proper to apply the commands of apostasy to a mad person and
an insensible child. If anyone gets fits of madness then he will be termed an apostate only
when he is in a sane condition and does acts of apostasy. But, if he performs deeds of
apostasy only when he is out of his senses then he will not be termed an apostate.
INTOXICATED: Similarly, if anyone is always intoxicated and his mind and senses do not
function the command of apostasy does not apply to him.
MINOR: For a command of apostasy to apply, it is not necessary that the person should be
an adult. Anyone, adult or minor, who commits an act of apostasy, would be subject to the
commands of apostasy.
WOMEN TOO: It is not necessary that only men can be apostates, even women, if they
perform such acts, will be termed apostates.
NOT FORCED: The command will apply only when a person apostates willingly of his
own accord. If anyone is compelled to apostate then he will not come under the purview of
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the command of apostasy.
ILL: If anyone suffers from pleurisy and is fed something that impairs his mind and he
speaks incoherently and turns apostate in this condition, then the command of apostasy
will not be applied to him.
WEAK MINDED: If anyone is insane or given to suspicion or of unsound mind of any
reason whatsoever then he too will not be subject to the commands of apostasy.
PREACHING: It has been stated earlier in this chapter that if anyone apostates, Islam
should be presented to him and if he has any doubts or confusion they should be removed.
If he wishes to enter the folds of Islam, then he must recite the kalimah shahadah (the
expression of testimony)1 and he must declare that he has nothing to do with every religion
other than Islam. But, if he names merely the religion that he had adopted on giving up
Islam and declares that he has nothing to do with it, then that too will suffice.
THREE CHANCES: If anyone apostates and returns to Islam and again apostates, doing
that three times, and each time the ruler gives him respite of three days to repent and
return, then the ruler may give him an opportunity three times of three days each but if he
apostates a fourth time and asks for another respite of three days, the ruler must not allow
him an opportunity the fourth time. If he does not return to the folds of Islam finally, he
must be killed.
BOY: If a sensible boy turns apostate then according to Imam Abu Hanifah was, and Imam
Ahmad al-, the commands (of apostasy) will apply to him. He should be compelled to
return to the folds of Islam, but he should not be killed. The same command applies to the
boy who approaches adulthood. A boy is said to be sensible when he knows that Islam is a
means of deliverance and can differentiate between good and bad, and sweet and sour.
Some scholars say that it is a boy of age of seven years.
WOMAN NOT KILLED: If a woman apostates, then she should not be killed but she
should be imprisoned till she relents and becomes a Muslim. Every third day she should
be beaten by way of a warning to get her to repent her apostasy and revrrt to Islam. If,
however, anyone kills a woman who has apostated then nothing is wajib (obligatory) on the
killer. (He is not responsible for anything.)
FEMALE SLAVE: If a female slave apostates, then her owner must restrict her to his
house to compel her to accept Islam. He should impose on her additional work (to what is
her regular duty) as a punishment. And, he must not have sexual intercourse with her.
GIRL: The same command applies to a sensible girl as to an adult woman.
EUNUCH: The same command applies to an eunuch as to a woman.
FREE WOMAN: If a free woman apostates, she cannot be enslaved as a female slave as
long as she is in the Islamic territory. If she goes away to an enemy territory and is then
brought as a prisoner (or captive of the Muslim army) then she may be enslaved.
ENSLAVE HER: However, Imam Abu Hanifah ata, says in one of his rare sayings that an
apostate woman may be enslaved even in an Islamic state. Some ulama (Scholars) say that
an edict should be issued about this woman on this opinion. If she is married then there is
1 It is (اشهد ان لا اله الا الله واشهد ان محمدا رسول الله) (I bear testimony that there is not God but Allah and I bear
(صلى الله عليه وسلم testimony that Muhammad is Allah's Messenger

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no harm. Rather her husband should preferably request the ruler to let him make her a
female slave. If he is responsible for the livelihood (a Muslim) then the ruler may give her
to him as a gift in which case he will be responsible to restrict her movement and beat her
as a punishment to get her to embrace Islam.
DENIAL OF APOSTACY: If an apostate denies that he has apostated then he must declare
the unity of Allah, the Messenger ship of Muhammad صلى الله عليه وسلم and the truth of the
religion of Islam. This will be deemed to be repentance from him and he will be counted
among the Muslims.
PROPERTY: When anyone apostates he loses right of ownership over his property, but this
loss of ownership is held in abeyance. If he is motivated to repent and becomes a Muslim
again then his ownership is restored to him. But, if he dies as an apostate or is killed, then
the property that he had collected as a Muslim will be inherited by his heirs and relatives
who are professors of Islam. They will get their share after deducting the debts that he had
incurred while he was a Muslim. And, whatever property that he may have earned during
his apostacy from that his debts incurred while he was an apostate would be paid and the
balance of that property disregarded. This is the ruling of Imam Abu Hanifah ales), but his
two students Imam Abu Yusuf alas, and Imam Muhammad als, hold that the property of
an apostate is not unutilized.
INHERITORS: Imam Abu Hanifah als, has given different views about the inheritors of
an apostate. The most correct of these views is what Imam Muhammad al >, has
attributed to him. If an apostate dies or is killed or he flees to the enemy land, then his
Muslim heir will get his legacy. Similarly, when he dies or is killed or flees to the enemy
land then his Muslim wife will also become the heir of his property, provided at that time
(when he dies or is killed or flees), she observes the iddah. The reason is that the apostate
means by his apostacy to deprive his wife (of her right to inheritance), so his apostacy is
like illness before death. (When a man who is on his death bed divorces his wife with the
talaq mughallazah, Shari'ah (divine law) looks at it as his conspiracy to deprive her of her
inheritance, so it retains her right to his legacy. So it is with the apostate, he conspires to
deprive his wife of his legacy through his apostacy. Hence, in spite of his intentions,
Shari'ah (divine law) recognizes her as eligible for inheritance from his legacy.
HUSBAND NOT HEIR: If a woman apostates, then her husband is not eligible to her
legacy (after her death). But, if she apostates when she is ill (and dies), then her husband
will get her legacy, as also all her relatives. In fact, whatever property she collects during
her apostacy will also go to these heirs.
SLAVES ARE FREE: If anyone apostates and goes away to enemy territory, or the ruler
decides that he should go to enemy land then his mudabbar slave will become free. And
his umm walad (as many as there are) will also become free. His deferred1 debts will be
payable promptly. The property that he had earned while he was a Muslim will be turned
over to his Muslim heirs. If an apostate had drawn a will while he was an adherent of
Islam then, according to the apparent versions of Mabsut and others, that will be invalid. It
will not be executed whether it was in favour of a relative or a stranger. However, as long
as an apostate is found moving about in the Islamic state, the judge must not impose any of
1 elsewhere it is mature debts (Ju) instead of (J ?;- )

·
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these directives about him a have been mentioned in these lines.
DEALINGS & CONTRACTS: An apostate's apostacy calls for actions on his deals in four ways:
(i)
That which is enforced in toto as per unanimous ruling. Examples are:
· when he is given a gift and he accepts it,
· he makes his female slave an umm walad,
.
. he claims parentage of a child born to his female slave then the child
would be attributed to him and will become entitled to his legacy along
with his other heirs, that particular female slave will be his umm walad,
· his acceptance of Shuf' ah (pre-emption) will be approved and enforced and
..
.
His imposition of an interdiction on his permitted slave will be valid.
That which is unanimously in valid. Shari'ah (divine law) does not recognize
it at all. Examples are:
(ii)
· to marry him is absolutely disallowed to all women. The woman may be a
Muslim, an apostate, a dhimmi, a slave;
· his slaughtered animal is unlawful; and
· his game is unlawful whether hunted with dogs or hawks, or shot with a gun.
(iii)
That which is held in abeyance (neither revoked nor imposed), like a general
partnership (shirkah mufawadah). If an apostate concludes it with a Muslim
then it remains suspended till he reverts to Islam when that partnership will be
effective. However, if he dies an apostate, or he is killed or he goes away to
enemy territory and the judge or ruler issues directives about it, then the
shirkah mufawadah will be turned right from its inception to shirkah inan
(partnership of equal or unequal contribution of wealth or labour). This is
what Imam Abu Yusuf alus, and Imam Muhammad ales, say but Imam Abu
Hanifah ates, holds that shirkah mufawadah is not invalidated at all.
(iv)
That about which the ulama (Scholars) are divided: whether its operation is
suspended or not. Examples are: buying and selling, hiring, emancipating a
slave, making a slave a mudabbar or a mukatab, making a will, repaying debts,
etc. Imam Abu Hanifah ales, contends that operation of all these things of an
apostate are held in abeyance and if he accepts Islam then they are enforced
.
but if he dies or is killed or the judge or ruler declares him an absconder to
enemy territory then their operations become invalid.
-
During apostacy; all the actions of a mukatab are enforced.
- .
If anyone sells his apostate male or female slave then this sale is allowed.
REPENTANCE: If an apostate repents and returns to Islamic territory before the command
of the ruler is enforced that he has gone away to enemy territory then the command
concerning his property and his apostacy becomes invalid and he is treated as though he
has been a Muslim all through. None of his umm walad or mudabbar is set free.
If he returns after the command of the ruler and judge is enforced that he has gone to enemy
land, then he may take back from his heirs whatever of his property he finds but he has no
right to demand that part of his property which his heirs have disposed of, gifted, etc and
have no right over their ownership. He cannot even demand a compensation for that.
BORN MUSLIMS: If a man was a Muslim emulating his parents (meaning, he was a child
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consideration) but attained maturity as an apostate then though reasoning demands that he
should be slain, yet the command concerning him, out of kindness, is that he should not be
killed (because before he matured he was not a Muslim directly by himself but was
regarded as one because of his parents).
MUSLIM AT YOUNG AGE: The same command as the foregoing applies to a man who
became a Muslim at a young age but apostated when he matured.
COMPELLED TO SUBMIT: Also, if anyone is forced to embrace Islam and he turns away
from it afterwards then he too will not be killed out of kindness.
However, in each of the foregoing cases, the command is that the man should be
pressurized to accept Islam. If anyone kills him before he embraces Islam then the killer
will not be questioned, nothing is wajib (obligatory) on him.
LAQIT: (The child who is found unclaimed somewhere.) If he is in an Islamic state then
the command of his being a Muslim should be applied. If he attains adulthood as a
disbeliever then he should be compelled to embrace Islam, but he should not be killed.
Thus far, some commands and rules were mentioned about apostates. It is now deemed
necessary to disclose those things whose perpetrator becomes a disbeliever.
DIFFERENT REASONS: There can be various reasons for anyone to be considered a
disbeliever. There could be related
· to faith and Islam,
· to the Being of Allah and His attributes, etc,
· to the prescribed acts in Islam, like salah (prayer), fasting, zakah (Annual due charity),
· to learning and the ulama (Scholars) (Scholars),
· to the lawful and the forbidden,
· to the Last Hour, etc., and,
· to encouraging disbelief.
This is a lengthy discourse. So these things - the motives of disbelief - are enumerated in
sequence under their relative captions.
(I)THE MEANS TO DISBELIEF CONCERNING FAITH & ISLAM:
The disrespect that turns a man into a disbeliever as are related to faith and Islam are these:
. If anyone says, "I do not know whether I have faith or not," then this is a grave sin
unless he intends by that to reject his uncertainty
· If anyone doubts his faith and says, "I am a believer, insha Allah," then he is a
disbeliever. But, if he means to say, "I do not know if I shall depart from this
world as a believer or not," then he is not a disbeliever.
. If anyone says, "The Qur'an is a creation," or "faith is a creation," then he becomes
a disbeliever.
. He who believes that faith and infidelity are one then he is a disbeliever.
. He who is not pleased and content with faith is a disbeliever.
. .. He who is content with the infidelity of his soul is a disbeliever.
. The ulama (Scholars) differ on one who is pleased with another's disbelief and
their edict is: if he is pleased at another's disbelief because he (the disbeliever) will
be involved in punishment 'perpetually then he is not a disbeliever. But, it he is
pleased with his infidelity that the other man may say about Allah that which is
not worthy of His attributes then he is a disbeliever.

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. He who says that he does not know the attributes (or description) of Islam is a
disbeliever. Shamsul ulama (Scholars), Tawa'ias ,, has used strong words
about this issue. He said, "One who says so has no religion, no salah (prayer), no
fasting, no obedience, no worship and no marriage. His children are born out
of wedlock in adultery."
· A Muslim man married a Christian girl whose parents were also Christian. She
grew up not recognizing any religion. She did not know what religion is in her
mind and could not describe it by word of mouth, and she was not insane. In this
case, she and her husband will be separated.
· Someone married a Muslim girl child. When she matured as a sane young woman,
. she did not know in her mind what Islam is and could not describe it orally, and
she was not insane. In this case, too, she and her husband will be separated.
· If a woman is asked what tawheed (monotheism) is and she says. "I do not know"
and she means that she does not know the Kalimah tawheed that is taught to
children in madrasahs (religious schools) then there is not harm in that. But, if she
means that she does not know Allah's unity then she is not a believer any more
and her marriage becomes void.
. If a man dies in such a way that he did not know that there was his Creator, there
is another house with Allah for him and that wrong-doing and oppression are
forbidden, then he was not a believer.
· If anyone commits sin and asserts that Islam must be demonstrated (through sin)
then he is a disbeliever.
. A man tells another that he is a Muslim. The other says, "Curse be on you and on
your being a Muslim." Then, this other man becomes a disbeliever.
. A Christian embraced Islam. After some time his father died and he lamented,
"Would that I had not become a Muslim! In that case I would have acquired my
father's property!" He becomes a disbeliever on having such ideas.
.
A Christian man met a Muslim and asked him to preach to him that he might
embrace Islam at his hands. The Muslim advised him to go to a certain scholar
who would present to him Islam and he might embrace Islam at his hands. The
ulama (Scholars) differ on one who gives such advice instead of himself presenting
Islam to the non-Muslim. Abu Ja'fards), however, says that this man does not
become a disbeliever.
. An infidel embraced Islam. One of the Muslims asked him "what was wrong with
your religion?" (Why did you have to embrace Islam?) The Muslim who says so
becomes a disbeliever.
(II)THE MEANS TO DISBELIEF THAT CONCERN ALLAH'S BEING & ATTRIBUTES
These things make one who is disrespectful to Allah and His attributes a disbeliever:
· Ascribing to Allah an attribute that is not worthy of Him makes one who does
it a disbeliever,
· Or attributing to Him a partner or a son, or a wife,
· Or describing Him with some kind of ignorance or helplessness or shortcoming.
· One who says, "It is proper that Allah do something that has no wisdom in it," is a
disbeliever.
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. He who says, "Even if Allah will command me to do this piece of work, I shall not
do it," is a disbeliever.
. The noble Qur'an speaks of Allah's hand and face, but they are not limbs. The
question arises whether these things may be translated as they are in other
languages? Some ulama (Scholars) say that it is allowed to do so, provided they
are not understood (in the literal sense) as limbs. Most ulama (Scholars), however,
insist that it is not allowed and this is the authentic opinion.
. If anyone ridicules Allah's attributes or His commands or rejects His promises and
warnings, then he is a disbeliever.1
. If a man says abut someone, "In my sight he is as a Jew is in Allah's sight," then the
majority of the scholars say that he is a disbeliever. (The reason is that he refers to
Allah's sight in the real sense of an eye, meaning a human limb.) But, some
authorities say that if the speaker's intention was to bring out that certain person's
bad qualities, then he is not a disbeliever.
. A man died. Another man lamented, "Allah should not have done that." On this
the second man (the speaker) becomes a disbeliever.
. A man said to his enemy, "By the command of Allah, I shall do that to you." His
enemy said, "I do not recoquise. Allah's command" Or, he said, "Here Allah's
command is not respected." Or, he said, "Here, no command works." On, he said,
"Allah does not deserve to command." Or, he said, "Here the command of David
only is obeyed." All these words smack of disbelief
· Haakim Abdur Rahman als, was asked about a man who says, "I do a certain
work because of custom, not in obedience of Allah's command." Is he a
disbeliever? Haakimal, said, "If he only means corruption of truth, abandoning
of Shari'ah (divine law) and following custom, but does not mean to reject Allah's
command then he is not a disbeliever."
· If a man says about one who never falls ill, "Allah has forgotten him," or "He is
one of those whom Allah has forgotten," then this is disbelief.
. If a man says to another, "Even Allah cannot be safe from your tongue. How will
be safe?" Or, "How will I confront you?" then he is a disbeliever.
. If a man tells his wife, "You are dearer to me than Allah," then he becomes a
disbeliever.
· To say about someone that he is trapped badly(or miserably) in destiny is a grave sin.
. To say that Allah has a place (to reside) is disbelief. He who says, "No place is
without Allah," is a disbeliever.
. If anyone says that Allah is in the heaven then it depends on what prompted him
to say so. If he means to repeat what is apparently stated (in the Qur'an or
sunnah (Prophet's صلى الله عليه وسلم practice)) then he will not be a disbeliever. But, if he
means to describe the place as Allah's then he will become a disbeliever, and
most of the ulama (Scholars) say that if he did not have any intention then too he
will become a disbeliever.
· He will become a disbeliever who says, "Allah is sitting (or standing) to pass
judgment because this necessitates something above and below Allah.
1 This ought to have come earlier but is overlooked in the urdu

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. It is disbelief to say, "(My Helper) in the heaven is Allah and on the earth is so-and-so."
. Most ulama (Scholars) say that it is disbelief to say, "Allah looks down from the
heaven," or "Allah looks from the heaven," or "Allah looks from the throne."
· He is a disbeliever who attributes injustice to Allah.
. If anyone says, "O Allah do not approve this injustice," then some ulama (Scholars)
say that he is a disbeliever.
. If anyone tells another, "If Allah dispenses justice on the day of resurrection then I
shall get my right from you," then he is a disbeliever. But, he will not be an infidel
on saying, "When Allah dispenses justice ... " instead of "If ... "
. A person will become a disbeliever on telling another, "If Allah decides in truth
and justice then I will get my right from you."
. If anyone says, "O Allah, when a cruel person oppresses, do not accept his
oppression. If you accept his oppression, I shall not accept it, "then it is disbelief
because he seems to say, "O Allah, if you are pleased with his oppression then I
` shall not be pleased."
. A man says to another, "Do not lie!" The other says, "Why is falsehood there? It is
that one may lie." This is disbelief.
?
. Someone is advised to seek Allah's pleasure. He says, "I do not want it,"
· or, he says, "If Allah admits me to paradise, I shall ravage it,"
. or, when someone is told not to disobey Allah lest He consign him to hell, he says,
"I am not afraid of hell,"
· or, someone boasts on being told that Allah does not befriend one who overeats, "I
shall eat whether he antagonizes me or befriends me," - all these words make the
speaker a disbeliever.
. If anyone is advised not to laugh much or sleep much and he says, "I shall eat as
much, sleep as much, and laugh as much as I like," then it is disbelief.
. If someone is warned not to commit sin lest Allah punish him and he says, "I shall
carry punishment in one hand," then this is disbelief.
. When someone is advised not to upset his parents and he says, "They have no
right over me," though this is not disbelief yet it is a grave sin.
. If anyone says to Iblis (the devil), "O Iblis, get my work done so that I might obey
you and grieve my father and keep away, from that which you forbid me, "then he
disbelieves.
. If a man tells another, "If Allah had not created these two worlds then I would
have taken my right from you," then this is disbelief.
· Someone tells a lie. His listener says, "May my God make your lie true!" Or, he
says, "May Allah bless you with this lie!" This is near disbelief.
. If anyone lies and a listener says, "May Allah bless you in your lie!" then this is
disbelief.
. Someone points out to a man about another person, "He does not behave well with
you." He replies, "Even Allah will not behave well with him.". The speaker
becomes a disbeliever.
. If someone says, "Allah loves riches. This is why He has not given me riches," - then
he is a disbeliever, provided he means to attribute miserliness to Allah. But if he says
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. A man says to another, "Insha Allah, do this work." The other says, "I shall do this
task without insha Allah. This is disbelief.
· An oppressed man sighed. "This (whatever happens to me) is as decreed by
Allah." The oppressor boasts on hearing him, whatever I am doing is not part of
Divine decree." This is disbelief.
. If someone says, "O Allah, do not refrain from having mercy on me," then these
are words of disbelief.
. A husband and wife were conversing with one another. When their conversation
became lengthy; the husband said, "Fear Allah and observe taqwa (piety) "(which
is righteousness). She retorted, "I do not fear Allah." On saying this, she becomes
·an apostate, and they stand separated provided the husband had reprimanded her
on a dear sin (and she had said so in response). But, if he had rebuked her without
there being any need for it (and she had done nothing wrong) then she does not
become a disbeliever yet if she meant to belittle fear of Allah and ataqwa (piety)
then both of them stand separated.
· A man decided to beat another man, saying, "You are not afraid of Allah." The
man confirmed, "Yes," This is not disbelief because he has a right to say, "The
question on fearing Allah arises when I was the doer."
· A man was committing a sin when someone rebuked him, "Do you not fear
Allah?" He answered, "No!" Then he becomes a disbeliever because there is no
doubt in what he meant.
. Similarly, if a man is asked, "Do you not fear Allah?" and he retorts angrily, "No!"
then he becomes a disbeliever.
· If someone dislikes a command of Allah or of the Shari'ah (divine law) of his
Messenger صلى الله عليه وسلم like, his saying that he does not like the making lawful to a
man to have for wives, then it is disbelief.
. If anyone suggests, "Only Allah should exist and nothing else should exist," then
he is a disbeliever.
. If anyone says, "Allah has created all pieties for me. And I am the creator of evil."
.
Then he becomes a disbeliever.
. A man was told 'You fail to come to the expectation of your wife." He said,
. "Even Allah does not meet the expectations of women. How may I achieve
that?" This is disbelief.
. If a man pleads to another, "I look to Allah and I look to you," (meaning what I
have got is from Allah and from you) or, he says, "I have hope in Allah and I have
hope in you," then this is bad. But, if he says, "I look to Allah and regard you as the
outward means of it," then it is a good thing to say.
.
A man asked his adversary to take or oath over something. He swore by Allah, but
his adversary said, "I do not want you take the oath on Allah. I ask you to take an
oath on divorce or release." Some ulama (Scholars) say that he becomes a
disbeliever (on making this demand), but most say that it is not so and this opinion
is more correct.
. If a man says to another, "Allah knows that I remember you always with prayer,"
then the ulama (Scholars) give different opinions about his disbelief.
. If any one jests and says in Persian ( ~~ ) while he was supposed to say (ils)

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then he will be disbeliever.1
· A man asked his wife, "Do you have no care for right of your neighbours?" She
said. "No!" then he asked, "Do you not care for rights of your husband?" Again,
she replied in the negative. Next, he asked, "Don't you have care for Allah's
rights?" She repeated, "No." She becomes a disbeliever.
· If a man is fed up with his illness or his straitened circumstances and exclaims,
"why did Allah create me? I am deprived of the pleasures and comforts of this
world." Then some ulama (Scholars) say that he will not be a disbeliever but what
he says is a grave sin.
. A man warned another, "Because of the sins that you have committed, Allah will
inflict punishment on you!" He asked, "Have you appointed Him as God that He
will do as you say?" Then he becomes a disbeliever.
· If anyone asks, "what can Allah do besides creating hell?" then he becomes a disbeliever.
· If on seeing an ugly animal or an ugly man, someone asks "Has Allah no designer
that He made this kind of animal (or man)?" - then he become a disbeliever.
. A poor man got fed up with his poverty and said, "So and so is Allah's creature
whom He has showered with blessings. I too am His creature but I am involved in
grief and pain. Is this just?" He becomes a disbeliever on saying this.
· Someone was advised to fear Allah. He asked in retort, "Where is Allah?" So, he
becomes a disbeliever.
• If anyone asserts the Messenger صلى الله عليه وسلم is not in his grave, or he says, "Allah
knowledge is not ancient," or "Allah has no knowledge of what does not exist,"
then he is a disbeliever.
. If anyone's name is Abdullah and someone calls by adding a Kaaf ($) (ka) before
Allah, and he is a learned man, then he becomes a disbeliever.
. So, too, if a learned man mispronounces the word Khaliq (¿) intentionally as
Khaleeq (3.1-)2 then he becomes a disbeliever.
. If anyone says to another, "May Allah have mercy on your heart, not on mine
heart," then he becomes a disbeliever provided he says that in a sense of
dispensability of Allah's mercy. But, if he means that his heart is not wavering but
perfect with faith in Allah then he is not a disbeliever.
.
. If anyone takes an oath, "by Allah and by the dust of your feet," then he becomes a
disbeliever. But if he says, "By Allah and by your head and your live," then the u
lama differ about it.
(III)THE MEANS TO DISBELIEF THAT CONCERN THE PROPHETS (> JA,le
. If anyone does not confirm any of the prophets, px. Jin,le
. Or shows displeasure, or lack of belief, and satisfaction over, any of the sunnah
(Prophet's صلى الله عليهوسلم practice) of any of the Messengers, - then he is a disbeliever.
. Ibn Muqatil was asked about a man who denies the prophethood of Sayyiduna
Khidr عليه السلام or Sayyiduna Dhul Kifl عليه السلام . He said, "Denial of the prophethood
of a prophet members of whose ummah had not confirmed his prophethood
1 meaning 'I will come myself' but saying. (God preserve us from evil ) 'I am God'.
2 Khaleeq instead of Khaaliq (creature instead of creator)

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unanimously is (condoned) not harmful.
.
If anyone says, "If so and so was a prophet then I would have believed him," then
he becomes a disbeliever.
.
And, Ja'far aldo>, said that if anyone professes belief in all the Prophets (> JI4,le of
Allah but says, "I do not know whether Aadam (> Jule was a Prophet or not," then
he becomes a disbeliever.
·
Ja'far alles, was asked about one who blames the Prophet (> Jude of indecency. For
instance, some accuse a prophet (X Jule of resolve to commit adultery, or any such
evil; as the Hashwiyah (an evil, condemned sect) say such things about Prophet
Yusuf PX.JI Ale. He said, "Such a person is a disbeliever because it is an evil
suggestion about the Prophets a> Jule and is tantamount to insulting them.
.
Abu Dharr As an+, said that if anyone says, "Every disobedience is disbelief" and
then accuses the Prophet (> JI4,de of disobedience, then he is a disbeliever because
he spoke ill of the Prophets pallade. And he said that
. If he says that the Prophet ( Jungle never disobeyed neither during prophethood not
before being commissioned, then too he is a disbeliever because by saying this he
rejects the texts (the verse of the Quran!
وَعَضَى أُدَهُ رَبَّهُ
{And Aadam disobeyed his Lord .... } (20: 121)
. Some ulama (Scholars) say that if a person does not believe that Muhammad is the
last (and seal) of the Prophets (> Jule then he is not a Muslim.
. He who harbous a grudge against a Prophet (> Jule is a disbeliever.
. If anyone says about a person that if he were Allah's Messenger ,canto then he
would never believe him, then he is a disbeliever. So, too,
. One who says, "If Allah Himself commands me to do that work, even so I would
never do it," is a disbeliever.
. If anyone says, "If whatever the Prophets صلى اللهعليهوسلم have said was true and based
on facts, then he is a disbeliever, and,
. If anyone says I am Allah's Messenger, or he says in Persian prahy to mean the
same thing, then he is a disbliever and,
. If another person demands of him that he show a miracle, then some ulama (Scholars)
say that he too is a disbeliever who demands a miracle, but the latter day ulama
(Scholars) say that if means to disgrace him and fail him then he is not a disbeliever.
·
If anyone says of the blessed hair of the Prophet صلى الله عليه وسلم that it is a little strand
of hair, then some ulama (Scholars) say that he becomes a disbeliever. But some
others say that he will not be a disbeliever; yet if he means to belittle that then he
will be a disbeliever according to them, too.
. If anyone says, "I do not know whether Muhammad صلى الله عليه وسلم was a human
being or a jinn," then he becomes an unbeliever.
. He is not a disbeliever who says, "If so and so is a Messenger, then I shall get my
right from him.”
• If anyone says (in Persian) (محمد دروشكبود) (Muhammad was a small mendicant), or that
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• The nails of the Prophet صلى الله عليه وسلم were growing, then - some ulama (Scholars)
say that he becomes a disbeliever without any reservation, but some others say that
if he says these things out of contempt only then will he become a disbeliever.
· If a man abuses another whose name is Muhammad or Ahmad, or whose kunyah
is Abu al-Qasim, saying, "O son of an adulteress!" then he becomes a disbeliever
provided he meant to abuse everyone of the name of Muhammad or Ahmad or of
the kunya Abu al-Qasim, having in mind the noble Prophet ,> Junis too.
.
One does not become a disbeliever on saying, "Every sin is Kabirah (grave) but the
sins of the Prophet are saghirah (minor)."
. If anyone says, "Every bad thing done intentionally is a major or grave sin and the
doer is fasiq (a sinner)" and he adds, "the disobedience of the Prophet ,> Jule was
deliberate," then he is a disbeliever because he spoke ill of the Prophets (XJ 4.le.
But, if he says, "The disobedience of the Prophet plate was not intentional," then
he is not a disbeliever.
(IV)THE MEANS OF DISBELIEF CONCERNING THE SAHABAH (PROPHET'S
رضى الله عنهمم (COMPANIONS
. A rafidi who speaks ill of Abu Bakr رضى الله عنه and Umar رضى الله عنه and (we seek refuge
in Allah from it) curses them, is a disbeliever. But,
• If he says that Ali رضى الله عنه is more excellent then Abu Bakr رضى الله عنه then he will not
be a disbeliever, yet he will be called a mubtada,' And,
· a mu'tazalllah is also a mubtada' (an innovator). But,
. if anyone says that the vision of Allah is not possible, then he becomes a
disbeliever.
. Anyone who accuses Sayyidah Ayshah was a >, of adultery comits infidelity with
Allah, but
صلى الله عليه of the Prophet رضى الله عنه Anyone who accesses any of the other noble wives .
of adultery is not an infidel, but is deserving of cure, and so
. anyone who says that Umar رضى الله عنه Uthman رضى الله عنه and Ali رضى اله عنه are not the
sahabah of the Prophet صلى اللهعليه وسلم is not a disbeliever but deserves to be cursed.
· One who rejects the imamah and Khalifah (leadership and caliphate) of Abu Bakr
ue àn +) is a disbeliever according to some ulama (Scholars), but a mubtada
according to others (who do not classify him as a disbeliever). The correct opinion,
however, is that he is a disbeliever.
. One who rejects the Khilafah (caliphate) of Uamr usan +, also becomes a disbeliever
according to the correct opinion.
● Those who call Uthman رضى الله عنه,Ali رضى الله عنه, Talhah رضى الله عنه , Zubayr رضى الله عنه and
(Sayyidah) Ayshah Its à », disbelievers (we seek refuge in Allah from such
thought) are themselves disbelievers. And, so too:
. It is wajib (obligatory) to classify as infidels all the People of the sect Zaydiyah
because they contend that (may Allah preserve us from such thought) a prophet
would arise in a non-Arabic land who will replace our prophet's Le a
religion and annul the Messenger ship of our chief. (Sayyiduna) Muhammad an.
.Allah's Messenger ,عليهوسلم

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. It is wajib (obligatory) to classify as disbelievers those rawafid who believe in
reincarnation. They say that one who dies returns to this world, Allah's spirit
dwells in the imam, the hidden imam will manifest himself and till he does not
appear the operation of the commands and prohibitions are suspended, and Jibril
instead of صلى الله عليه وسلم had erred in passing on the revelation to Muhammad عليه السلام
Ali as a ) (to whom he ought to have conveyed the wahy or revelation from
Allah). This sect 'is an outcast and alien to the community of Islam. The same
commands apply to the members of this sect as to the apostates.
(V)MEANS OF DISBELIEF CONCERNING PROPHET > J'AI AS WELL AS PROPHET
MUHAMMAD عليه السلام (CONTD)
. If anyone is compelled to speak ill of prophet Muhammad ,làLo, there can be
three possibilities of it.
(a)
صلى اللهعليه وسلم He affirms that he has no semblance of doubt about the prophet
in his heart but he uttered only those words that he had been compelled to
utter, and even speaking that much was tremendously painful to him. In t
his case he will not be called a disbeliever and he will be like one who is
compelled to utter words of disbelief and he does that only with his tongue
while his heart stands firm and convinced on faith.
(b)
He declares that when he was compelled (to speak ill of Muhammad), he
pictured in his mind the Christian by the name of Muhammad when he
spoke ill of him, he meant that Christian man who had this name. In this
case, too, he will not become a disbeliever.
(c)
He declares that when he was forced (to speak ill of Muhammad), he had
in his mind that Christian too whose name was Muhammad, but the evil
words that he uttered were not about the Christian but were about
Muhammad صلى الله عليه وسلم. In this case, he will be a disbeliever in law as well
as in the sight of Allah.
• If any one says that Muahammad صلى الله عليه وسلم was mad, he is a disbeliever. But,
• if he says that Muhammad صلى الله عليه وسلم swooned, then he is not a disbeliever
(because of that).
. If anyone says, "If Aadam (> Jiale had not eaten wheat (in paradise), we would not
have been miserable," then he is a disbeliever.
. He is a disbeliever who r ejects the hadith mutawatar, and
. if he rejects the hadith mashhur, some scholars place him among the disbelievers
and some say that he is misled, not a disbeliever.
· If he rejects Khabar wahid, he is not a disbeliever (on that account) but a sinner
because he does not accept it.
. If anyone says about a Prophet (> Jinle, "I wish that he was not a Prophet," then the
ulama (Scholars) say that if he does not question the wisdom behind sending him
as a Prophet, he will not become a disbeliever. But,
. if he means to insult the Prophet and give vent to his dislike for him then he will
become a disbeliever.
. When someone is told of what the Prophet صلى الله عليه وسلم liked (for example,
pumpkin, gourd) and he says, "I do not like it," then it is disbelief and Imam Abu
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Yusuf als, also holds this opinion. However, some latter day scholars say that if
the man spoke contemptuously then he will become a disbeliever, otherwise not.
. If anyone says that Prophet Aadam plate had woven cloth and on that basis we
are children of a weaver, then he becomes a disbeliever.
• If anyone is told that the Prophet صلى الله عليه وسلم licked his three fingers on eating his
food and he comments, "If is not something good," then he becomes a disbeliever.
. If any one remarks that ignorant do not wash their hands when they have their
meals and he meant to look down upon the Prophet's صلى اللهعليهوسلم practice, then he
becomes a disbeliever.
. If a person question the practice of clipping the moustaches and drawing the flap
of the turban forward below the neck and he has in mind the sunnah (Prophet's ano
which he mocks then he becomes a صلى الله عليه وسلم practice) of the Prophet عليه وسلم
disbeliever.
. If a listener tells the speaker, you lie though all you say is from the Messenger,"
then these words are expression of disbelief.
. If he says, "I will not believe what he says though it is as the Messenger say," then
this too is disbelief.
· A man prepared to beat his slave. Someone else advised him not to beat him on
which he roared, "Who are you? Even if Muhammad صلى الله عليه وسلم were to forbid me,
I would not spare the slave." Or, 'If I hear a command from the heaven not to beat
him, I would not obey it. I shall beat him." He becomes a disbeliever.
.
Someone read out a hadith. One of the listeners remarked in Persian, "Every day
he reads out something that is problematic." Even though he did not name the
Prophet صلى الله عليه وسلم and alluded to the speaker, he becomes a disbeliever provided
the hadith concerns a command of Shari'ah (divine law) or religion itself. But, if the
hadith did not speak of Shari'ah (divine law) or religion, then he will not have
committed disbelief. It will be presumed that he means that it was not a better
selection (that was read).
• If anyone says (بحرمت جوانك عربى) and he referred to the prophet صلى الله عليه وسلم then he
perpetrates disbelief.
. He who says, "the Prophet صلى اللهعليه وسلم was a Messenger sometimes and there was a
time when he was not a Messenger," or he says,
. "I do not know if the Prophet صلى الله عليه وسلم is a believer in his grave or a disbeliver."
Then he becomes a disbeliever on saying such things.
. A man says to his wife, "Do not speak what contradicts." She retorted, "Even the
Messenger spoke against ... " These words are disbelief. She must repent and they
must re-marry one another.
(VI)MEANS OF DISBELIEF CONCERNING ANGELS
. A man says to another, "Looking at you seems like looking at the angel of death."
This is a serious mistake and the elders differ on whether he becomes a disbeliever
or not. Some say that he becomes a disbeliever, but others say, 'he does not.'
. Fatawa Qadi Khan quotes some scholars to say that if he spoke out of hatred for
the angel of death then he become a disbeliever. But, if he spoke in dislike of death
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. If he says, "I regard his face as an enemy like the angel of death, "then most
scholars say that he is a disbeliever.
. If someone rejects another's testimony and he refers to Jibril (> Jule or Mika'il sle
.
.JI then he becomes a disbeliever.
· If anyone describes an angel with defect, then he becomes a disbeliever.
· If a person claims to be an angle then he does not become a disbeliever, but
· If he claims to be a Prophet, then he becomes a disbeliever.
· A man marries a woman without the presence of witnesses, saying, "I call upon
Allah and His Messenger to be witnesses," Or,
. he says, "I call upon Allah and the angels to bear testimony."
then, in the cases, he becomes a disbeliever. But,
. If he says, I have the angels on the right and the left as witnesses," then, in this
case, he does not become a disbeliever.
(VII)MEANS OF DISBELIEF THAT CONCERN THE QURAN
· If anyone says that the quran is a creation then he will become a disbeliever.
.. If any one rejects a verse of the Quran, or
· ridicules it, or
· find defect with it,
· then, in all these cases, he becomes a disbeliever.
. If anyone recites the Quran on the beat of a tambourine, or against the trill of a
flute, then he has disbelieved.
. A man was reciting the Quran and another commented. "what is this sound of a
storm?" This other man has disbelieved.
. If a man says, "I recited much of the Quran but sins were not forgiven to me." Then
he becomes a disbeliever on saying that.
. If a man says to another, "You have pulled out the hide of (icians ji) (Surah al-
IKhlas), or you have held the collar of ¿Affli surah-al-Inshirah)or
· to one who recited surah Yasin to a sick person, "Do not insert it in the mouth of
the dead," or,
. he says to another, "O you, shorter than (َإنَّ اغطينك الْكَوْفَر) (surah al-Kawthar)!" or,
● to one who recited the Quran but could not recollect a word, (والتفت الساق بالساق), or, ٠
. he brought a bowlful of something and said: (tuall'), or,
. said to another in jest (فگانٹسرابا), or,
. joked when weighing or measuring: (َوَإِذَا كَالْوْهُمْ أَوْ قَزَ نُوْهُمْ يُخْسِرُون) , or
· to someone, "You have put on turban of (¿A,Ji)," meaning, he has shown off his
knowledge, or,
. he assembled some people and said: (فَجَمْعَناهُمْ جَمْعًا),or
. he said to them: (وَحَشَزْنَاهُمْ فَلَمْ نَغَادِرُ مِنْهُمْ أَخْدًا) , or,
. he said to someone, "How do you recite (usatejuly,) with a dumma or a fathah or a
kasra?" meaning to ridicule, or,
. he said to a bald man, "I call you great, for, Allah, says: (3),J4x5)," or,
. someone was told, "come to offer the salah (prayer)," or "come to the
congregational salah (prayer)." He replied, "I will offer the salah (prayer) by myself

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1"(إِنَّ الصَّلُوقَتَنْهَا) :for, Allah, says
- in all these cases he becomes a disbeliever.
·
A man says to another that he has kept his house neat and tidy as: (5,uhli,che Jt;).
Some scholars said that he will become a disbeliever because of that. But, Imam
Abu Bakr Ishaq al-, said that if this man who made this remarks is ignorant then
he will not be called a disbeliever, but if he is a scholar then he will be become one.
. If someone says (tristeu) to compare it as spotless, then there is much risk that he
becomes a disbeliever.
• If something remains in he vessel and he remarks (وَالْبَاقِيَاتُ الصَّالِحات) then this too is
very risky.
. If anyone says that the Quran is ajami (non Arabic), then he becomes a disbeliever.
. If he says that one word of the Quran is ajami then we must not hasten to call him a
disbeliever.
. Someone was asked why he did not recite the Quran. He replied, "I am fed up of
the Quran." So, he becomes a disbeliever.
. A man has committed to memory one surah of the Quran that he recites very often.
Someone else remarked, "You have found this surah as weak and helpless."
Because of these words, he will become a disbeliever.
. If any one rhymes the Quran in Persian, for instance, then he would be killed .
because he become an unbeliever.
(VIII)MEANS OF DISBELIEF THAT CONCERN SALAH (PRAYER) FASTING &
ZAKAH (ANNUAL DUE CHARITY)
. Someone instructed a sick man to offer the salah (prayer). He said, "By Allah, I shall
never offer salah (prayer)." Indeed, he never again offered salah (prayer) all his life.
He died that way. Hence, he will be counted among the disbelievers.
. If he had said merely. "I shall not offer salah (prayer), then there would be four
possibilities of what he said.
(a)
I have offered salah (prayer) already so will not offer it again (meaning, the salah .
(prayer) of that hour).
(b)
I will be not offer it at your saying because one who is better than you has
already commanded me to offer it ..
(c)
I will not offer it, saying it badly and as a sin.
In these cases, he does not become a disbeliever. And,
.(d)
I will not offer because salah (prayer) is not wajib (obligatory) on me. And I am
not commanded to offer it. In this case, he become a disbeliever.
· If his answer is a clear, "I do not offer the salah (prayer) 'then he will not be a
disbeliever for these (fore going) reasons.
. A man is reminded to offer the salah (prayer). He asked, "Am I insane that I should
offer salah (prayer) and add to my duties?" Or, he says:
. "It has been a long time that I have not done something futile," Or,
· "who can fulfil this task after all?" Or,
. "The intelligent should not indulge in such pursuits as cannot be carried on till the
1 The word tanha in Urdu is alone 'by myself' in Arabic 'it forbids' (indecency). Other words are also
so used in dual manner and meaning.
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end," or,
· "Other people do it instead me", or,
· "Nothing is gained of fame by offering salah (prayer)," Or,
· "Did you get distinction on offering salah (prayer)?" or,
· "Why should I offer salah (prayer)? My parents are dead," or,
· "It is the same whether one offers salah (prayer) or does not offer," or,
· "I have offered salah (prayer) for so long that I feel tired," or,
· "Salah (prayer) is such a thing that if it is preserved it becomes stale,"
-all these responses are words of a disbeliever.
· A man advised another to offer salah (prayer) and pray, together with him, for
redress of their need. He taunted, "I have offered many salah (prayer) but could not
get anything at all" and showed extreme disrespect for it. He becomes a disbeliever
because of it.
. If a sinner addresses the Muslims saying, "Look, what Muslims are!" and points
out to the gathering of the sinners, then he becomes a disbeliever.
. If someone says, "How better it is to be among those who do not offer salah
(prayer)," then because of these words he becomes a disbeliever.
. A man preacned to another saying, "offer salah (prayer) that you might savour the
taste of worship." He gave a derogatory response, "You should not offer salah
(prayer) so that you relish the sweetness of not offering it." These words land him
in disbelief.
· A slave was recommended to offer salah (prayer) but he declined to do so on the
plea that the reward for it would go to his master. He becomes a disbeliever on
account of that.
· When a man was told that he should offer salah (prayer), he said, "Allah has caused
me to suffer loss in my property. Now, I shall withhold his rights to cause Him
loss." This response too throws him into disbelief.
· One man offers salah (prayer) only in the month of Ramadan, saying, "that is
enough," or "This will be too much because each salah (prayer) in Ramadan is equal
to seventy." He becomes a disbeliever because of that.
· If any one deliberately turns away from the qiblah while offering the salah (prayer)
though happens to be correctly oriented to it, then, according to Imam Abu
Hanifah als,, he becomes a disbeliever (because of his intention). The jurist Abu
al-Layth als, concurs with him.
· If any offers salah (prayer) without making ablution or while his clothing is impure
then he will become an infidel.
. If any one is accustomed to offer in this manner deliberately then he too becomes a
disbeliever.
· If a man cannot determine the direction of the qiblah and he contemplated over it
and reasoned out a direction but did not face that direction and faced another side
and offered salah (prayer), Imam Abu Hanifah al , said, "I fear for him that
disbelief may overtake him, because he turned away from the qiblah. Other
scholars, differ on whether he becomes a disbeliever or not. The shams ul ulama
(Scholars), Halawi dl), said, "If he gave up the qiblah ad by way of ridicule faced
another direction towards which he offered the salah (prayer) then clearly he is a