Rule of the neglector of prayer
In the name of Allah the Most Gracious the Most Merciful
All Praise is due to Allah. We
praise Him, seek help from Him, ask forgiveness from Him and repent
to Him; and we seek refuge in Him from our own evils and our own
bad deeds. Verily, who is guided by Allah is indeed guided; and who
has been left astray will find no one to guide him. I bear witness
that there is no God except Allah, the Only One, without any
partner; and I bear witness that Muhammad is His servant and His
messenger, prayers and peace of Allah be upon him and his family
and companions and whoever followed their path till Day of
Reckoning.
• Nowadays, many Muslims
neglected prayer till some of them abandoned it totally out of
negligence. Since this is one of the grave issues that people are
afflicted with in the present time, and nation's scholars and imams
differed about it in the present and past times, I decided to write
what is possible to me.
This message
is summed in two chapters:
• The first chapter: Rule of the
neglector of prayer.
• The second chapter: Consequences of
apostasy because of neglecting prayer or any other (obligatory)
deed.
We ask Allah Almighty to make
us in the right path.
The first
chapter
Rule of the
neglector of prayer
• This issue is one of the
great issues researched juristically. Scholars differed about this
issue in the present and past times; Imam Ahmad Ibn Hanbal said: "The
neglector of prayer is an infidel, infidelity gets him out of
religion; he must be killed if he did not repent and pray." On the
other hand, Abu Hanifa, Malik and
Ash-Shaf'i said: "He is disobedient but not infidel", then
they differed. Malik and Ash-Shaf'i
said: "He must be killed as punishment (to his negligence)",
and Abu Hanifa said: "He should
be reprehended and should not be killed."
• As long as there is dispute
about this issue, it must be referred to the Book of Allah Almighty
and the Sunnah of His Messenger (prayers and peace of Allah be upon
him), because of the saying of Allah almighty: {And in whatsoever
you differ, the decision thereof is with Allâh (He is the ruling
Judge)} [Surat Ash-Shura 42:10],
Transliteration:
Wama ikhtalaftum feehi min
shayin fahukmuhu ila Allahi
And His saying: {O you who
believe! Obey Allâh and obey the Messenger (Muhammad prayers and
peace of Allah be upon him), and those of you (Muslims) who are in
authority. (And) if you differ in anything amongst yourselves,
refer it to Allâh and His Messenger (prayers and peace of Allah be
upon him), if you believe in Allâh and in the Last Day. That is
better and more suitable for final determination} [Surat An-Nisa
4:59]
Transliteration:
Ya ayyuha allatheena amanoo
ateeAAoo Allaha waateeAAoo alrrasoola waolee alamri minkum fain
tanazaAAtum fee shayin faruddoohu ila Allahi waalrrasooli in kuntum
tuminoona biAllahi waalyawmi alakhiri thalika khayrun waahsanu
taweelan
And because each holder of an
opinion cannot make his saying a proof against the others, because
each one sees himself as the holder of the right opinion, and none
of their opinions could be given priority over the others; it
became necessary to seek an arbitrator, which is the Book of Allah
Almighty and the Sunnah of His Messenger (prayers and peace of
Allah be upon him). And if we referred this dispute to the Book and
Sunnah, we would discover that both Book and Sunnah indicate the
infidelity of the neglector of prayer, greater infidelity that
takes out of religion.
First:
Evidences from the Book
• Allah Almighty said in Surat
At-Taubah: {But if they repent, perform As-Salât, (Iqâmat-as-Salât)
and give Zakât, then they are your brethren in religion} [Surat
At-Tawba 9:11],
Transliteration:
Fain taboo waaqamoo alssalata
waatawoo alzzakata faikhwanukum fee alddeeni
and He said in Surat Maryam:
{Then, there has succeeded them a posterity who have given up
As-Salât (the prayers) [i.e. made their Salât (prayers) to be lost,
either by not offering them or by not offering them perfectly or by
not offering them in their proper fixed times] and have followed
lusts. So they will be thrown in Hell. (59) Except those who repent
and believe (in the Oneness of Allâh and His Messenger Muhammad
prayers and peace of Allah be upon him), and work righteousness.
Such will enter Paradise and they will not be wronged in aught}
[Surat Maryam 19:59-60]
Transliteration:
Fakhalafa min baAAdihim
khalfun adaAAoo alssalata waittabaAAoo alshshahawati fasawfa
yalqawna ghayyan (59) Illa man taba waamana waAAamila salihan
faolaika yadkhuloona aljannata wala yuthlamoona shayan
• The evidence in the second
verse (the verse of Surat Maryam) is the saying of Allah about the
people who gave up prayer and followed lusts {Except those who
repent and believe (in the Oneness of Allâh and His Messenger
Muhammad prayers and peace of Allah be upon him)} and this means
that they were not believers during their giving up prayer and
following lusts.
• The evidence in the first
verse (the verse of Surat At-Taubah) is that Allah Almighty put
three conditions for establishing brotherhood between us and the
polytheists:
· To repent.
· To perform prayer.
· To give Zakat.
• If they repented, but did
not perform prayer and give Zakat; they are not brothers for us.
And if they performed prayer, but did not give Zakat; they are not
brothers for us. Actually, brotherhood in religion would not be
nullified unless the person is totally out religion; it is not
nullified by disobedient or lesser infidelity.
• Don't you consider the
saying of Allah Almighty in the verse of Al-Qisâs in case of
murder:{But if the killer is forgiven by the brother (or the
relatives, etc.) of the killed against blood-money, then adhering
to it with fairness and payment of the blood-money to the heir
should be made in fairness} [Surat Al-Baqarah 2:178];
Transliteration:
faman AAufiya lahu min akheehi
shayon faittibaAAun bialmaAAroofi waadaon ilayhi
biihsanin
Allah made the murderer,
brother to the killed person, although killing on purpose is one of
the gravest sins. Allah Almighty says: {And whoever kills a
believer intentionally, his recompense is Hell to abide therein;
and the Wrath and the Curse of Allâh are upon him, and a great
punishment is prepared for him} [Surat An-Nisa 4:93]
Transliteration:
Waman yaqtul muminan
mutaAAammidan fajazaohu jahannamu khalidan feeha waghadiba Allahu
AAalayhi walaAAanahu waaAAadda lahu AAathaban
AAatheeman
And do not you consider the
saying of Allah Almighty about the two parties of believers who
fall to fighting: {And if two parties or groups among the believers
fall to fighting, then make peace between them both} till He says:
{The believers are nothing else than brothers (in Islâmic
religion). So make reconciliation between your brothers} [Surat
Al-Hujurat 49:9-10]
Transliteration:
Wain taifatani mina
almumineena iqtataloo faaslihoo baynahuma … Innama almuminoona
ikhwatun faaslihoo bayna akhawaykum
Allah Almighty declared
brotherhood between the party that makes peace and the two parties
who fall to fighting, although fighting the believer is infidelity
as it is mentioned in the authentic Hadeeth that is reported by
Al-Bukhari and others on the authority of Ibn Mas'ud (may Allah be
pleased with him) that the Prophet (prayers and peace of Allah be
upon him) said: "Cursing Muslim is disobedience and fighting him is
infidelity"
However, it is not that kind
infidelity that gets the Muslim out of religion, because if it was
infidelity that gets him out of the religion, he would no longer be
brother in religion, and the Qur'anic verse proofed the existence
of religious brotherhood even with fighting.
Therefore, it became known
that neglecting prayer is infidelity that gets the person out of
the religion; because if it was just disobedience or lesser
infidelity, brotherhood in religion would not be nullified because
of it, as it is not nullified because of fighting the
believer.
If someone said: "Do you see
that the person who neglects giving Zakat is infidel as it is
understood from the verse of Surat At-Tawbah?"
We would say: "Some scholars
declared the infidelity of the person who neglects giving Zakat,
and it is one of two narrations on the authority of Imam Ahmed (may
Allah Almighty mercy him). However, our opinion is that he is not
an infidel, but he should be punished severe punishment mentioned
by Allah Almighty in His Book and mentioned by the Prophet (prayers
and peace of Allah be upon him) in his Sunnah. And among the
sayings of the prophet, in this regard, is the Hadeeth that is
narrated on the authority of Abu Hurayra (may Allah be pleased with
him) in which the prophet (prayers and peace of Allah be upon him)
mentioned the punishment of the neglector of giving Zakat and said
at its end: "He would then see his path, leading either to Paradise
or to Hell",
And it is reported completely
by Muslim in chapter of 'sin of one who does not pay Zakat'. [1]
The previous proves that he is
not an infidel, because if he was infidel, he would have no path to
Paradise. Then the words of this Hadeeth should be given priority
over the meaning that is understood from the verse of Surat
At-Taubah, because the text has priority over what is understood,
as it is known in Usul Al-Fiqh.
Second:
Evidences from the Sunnah
1- The Prophet (prayers and
peace of Allah be upon him) said: "Between man, polytheism and
infidelity is neglecting prayer" [Reported by Muslim in the book of
faith on the authority of Jabir Ibn Abdullah on the authority of
the Prophet, prayers and peace of Allah be upon him]
2- And it is narrated on the
authority of Buraydah Ibn Al-Husaib (may Allah be pleased with him)
that he heard the Messenger of Allah (prayers and peace of Allah be
upon him) says: "The covenant that is between us and them (i.e. the
infidel people) is (observing) prayer; therefore, whoever neglects
it turns to be infidel" [Reported by Ahmad, Abu Dawud, At-Tirmizy,
An-Nisaey and Ibn Maja, authentic]
The infidelity that is
mentioned here is the infidelity which gets the person out of the
religion, because the Prophet (prayers and peace of Allah be upon
him) made prayer distinction between the believers and infidels,
and it is known that infidelity is contrary to Islam; therefore,
whoever does not adhere to this covenant is infidel.
3- And it is reported in Sahih
Muslim on the authority of Umm Salamah (may Allah be pleased with
her) that the Prophet (prayers and peace of Allah be upon him)
said: "In the near future there will be rulers and you will be
aware of their good deeds and their bad deeds. One who sees through
their bad deeds (and tries to prevent their repetition by his band
or through his speech), is absolved from blame, but one who hates
their bad deeds (in the heart of his heart, being unable to prevent
their recurrence by his hand or his tongue), is (also) safe (so far
as God's wrath is concerned). But one who approves of their bad
deeds and imitates them is spiritually ruined." People asked:
"Shouldn't we fight against them?" He replied: "No, as long as they
observe prayers."
4- Also, it is reported in
Sahih Muslim on the authority of 'Auf Ibn Malik (may Allah be
pleased with him) that the Prophet (prayers and peace of Allah be
upon him) said: "The best of your rulers are those whom you love
and who love you, who invoke God's blessings upon you and you
invoke His blessings upon them. And the worst of your rulers are
those whom you hate and who hate you and whom you curse and who
curse you." It was asked (by those present): "O Messenger of Allah,
shouldn't we overthrow them with the help of the sword?" He
replied: "No, as long as they establish prayer among
you."
• In the last two Ahadeeth
there is a proof for overthrowing the rulers and fighting them with
the sword if they did not establish prayer, and it is not allowed
to overthrow the rulers or fight them unless they commit what is
clear infidelity, because Ubadah Ibn As-Samit (may Allah be pleased
with him) said: "The Messenger of Allah (prayers and peace of Allah
be upon him) called us and we took the oath of allegiance to him.
Among the injunctions he made Ibnding upon us was: Listening and
obedience (to the ruler) in our pleasure and displeasure, in our
adversity and prosperity, even when somebody is given preference
over us, and without disputing the delegation of powers to a man
duly invested with them (Obedience shall be accorded to him in all
circumstances) except when you have clear signs of his disbelief in
(or disobedience to) God-signs that could be used as a
conscientious justification (for non-compliance with his orders)"
[Agreed upon]
Thereupon, when the rulers
neglect prayer, which the Prophet (prayers and peace of Allah be
upon him) suspended overthrowing and fighting them with the sword
because of it, they turn to be clear infidels we have God-signs
could be adhered to for fighting them.
• Moreover, it is not
mentioned in the Sunnah that the neglector of prayer is not infidel
or that he is believer. What is mentioned in this concern are texts
refer to the merits and rewards of monotheism (i.e. bearing witness
that there is no God except Allah, and that Muhammad is the
Messenger of Allah); such texts are either restricted with
restrictions in the same text prevent neglecting prayer or
restricted with special situations provide excuses for not praying;
or they are general texts could be seen as evidences for the
infidelity of whoever neglects prayer, because the evidences of the
infidelity of the neglector of prayer are special evidences, and
the special evidences have priority over the general
evidences.
• If someone said: "Could not
the texts that refer to the infidelity of the neglector of prayer
be about the one who neglects it for not believing that it is
obligation?!" We would say: "This is not allowed because it
contains two contraventions:
The first:
Neglecting the description that is described by the legislator and
upon which the ruling is suspended
• The legislator suspended the
ruling on neglecting not on believing in the obligation; moreover,
it made brotherhood in religion result of performing prayer not
believing in its being obligation. Allah Almighty did not say: "But
if they repent and believed in the obligation of prayer", and the
Prophet (prayers and peace of Allah be upon him) did not say:
"Between man, polytheism and infidelity is denying the obligation
of prayer", or say: "The covenant that is between us and them is
declaring the obligation of prayer; therefore, whoever denies it
turns to be infidel"; if this was what is meant by the saying of
Allah Almighty and His Messenger, saying other than that would be
contrary to the exposition that Quran came with. Allah Almighty
says: {And We have sent down to you the Book (the Qur'an) as an
exposition of everything} [Surat An-Nahl 16:89],
Transliteration:
wanazzalna AAalayka alkitaba
tibyanan likulli shayin
And He almighty addressed His
Prophet by saying: {And We have also sent down unto you (O Muhammad
prayers and peace of Allah be upon him) the Dhikr [reminder and the
advice (i.e. the Qur'ân)], that you may explain clearly to men what
is sent down to them} [Surat An-Nahl 16:44]
Transliteration:
waanzalna ilayka alththikra
litubayyina lilnnasi ma nuzzila ilayhim
The second:
Putting a description the legislator did not suspend the rule upon
it
• Denying the obligation of
performing the five prayers makes the person (who is not excused
because of ignorance) infidel, whether he performed or did not
perform prayer. If a person performed the five prayers completely
(i.e. by doing all their requirements and obligatory and desirable
acts) while not believing in their being obligation (without an
excuse), he would be infidel, although he did not neglect
prayer.
• Therefore, it became clear
that understanding these texts as indicators to neglecting prayer
because of denying its obligation is not correct. The authentic
saying is that whoever neglects prayer is infidel, such infidelity
gets him out of the religion, as it is reported frankly by
Al-Monzery on the authority of Ubadah Ibn As-Samit (may Allah be
pleased with him) that he said: "the Messenger of Allah (prayers
and peace of Allah be upon him) recommended us seven qualities, he
said: 'associate no partner with Allah even if you were cut, burned
or crossed, and do not deliberately neglect prayer, because whoever
neglects it deliberately is out of the religion.'" [Al Monzery
said: It is narrated by two good chains of transmission]
• Moreover, if we considered
that these texts are talking about denying the obligation of
prayer, there will be no use for mentioning prayer in specific;
because this is a general rule applies to denying the obligation of
Zakat, fasting and Hajj_ whoever denies one of these obligations is
infidel as long as he is not excused with ignorance. Moreover, the
infidelity of the neglector of prayer is not result to the written
evidence only; rather it is also result to the logical
evidence.
• How could a person have
faith while neglecting prayer which is the pillar of religion and
which there are texts encourage each sane believer to hurry to
performing it?! Also, there is threat for neglecting it makes every
sane believer aware of neglecting it. Thereupon, neglecting prayer
after that does not leave the neglector with any
faith.
• If someone said: Is it not
possible that the infidelity of the neglector of prayer is
ungratefulness, not infidelity that gets him out religion? Is not
possible that this infidelity is lesser infidelity that differs
than the greater infidelity?! Then it would be like the saying of
the Prophet (prayers and peace of Allah be upon him): "Two things
people do although they are of infidelity; defamation and crying
upon the deceased",
And his saying: "Cursing a
Muslim is disobedience and fighting him is infidelity" [Narrated by
Al-Bukhari], and the like sayings.
We would say: This is not
correct for reasons:
First:
The Prophet (prayers and peace
of Allah be upon him) made prayer divider between infidelity and
faith, and between the believers and infidels. The divider
distinguishes between the two parties and does not allow any of
them to mix with the other one.
Second:
Prayer is one of the pillars
of Islam; therefore, describing its neglector with infidelity means
that it is the infidelity that gets the person out of the folds of
Islam; because whoever neglects it had demolished one of the
pillars of Islam, and this is not like describing whoever committed
an act of infidelity with infidelity.
Third:
There are other texts referred
to the infidelity of the neglector of prayer as infidelity gets him
out of religion. Therefore, the other texts should be understood in
the same way to have compatibility between the texts.
• Sheikh Al-Islam, Ibn Taymiyah
commented in his book (Iqtidaa'
As-Sirat Al-Mustaqim) at the saying of the Prophet (prayers
and peace of Allah be upon him): "There are two things people do
although they are infidelity" by saying: "He meant by saying (they
are of infidelity) the two things; however, not every act of
infidelity turns its doer to be infidel, an infidelity that gets
him out of the religion, just as not doing any act of belief turns
the person to be believer."
• Therefore, as long as it is
proven that the neglector of prayer, without excuse, is infidel, an
infidelity that gets him out of the religion, according to the
above mentioned evidences; the authentic opinion is the opinion of
Imam Ahmad Ibn Hanbal, which is
also one of the two opinions which are narrated about Ash-Shaf'i, according to the saying
of Ibn Kathir in explaining the
meaning of the saying of Allah Almighty: {Then, there has succeeded
them a posterity who have given up As-Salât (the prayers) [i.e.
made their Salât (prayers) to be lost, either by not offering them
or by not offering them perfectly or by not offering them in their
proper fixed times] and have followed lusts} [Surat Maryam
19:59]
Transliteration:
Fakhalafa min baAAdihim
khalfun adaAAoo alssalata waittabaAAoo alshshahawati
And Ibn Al-Qayim mentioned in the book of
prayer that it is one of the two opinions of the Shafi'i School and
that it is reported by At-Tahawy on the authority of
Ash-Shaf'i himself.
In addition to that, the
majority of the companions hold that opinion; rather some scholars
reported that there was consensus between the companions upon this
opinion.
• Abdullah Ibn Shaqiq said: "The
companions of the Prophet (prayers and peace of Allah be upon him)
did not see a deed being neglected turns the believer to an infidel
except prayer" [Reported by At-Tirmidhi and authenticated by
Al-Albani]
• Ishaq Ibn Rahawih, the well-known imam,
said: "It is narrated on the authority of the Prophet
(prayers and peace of Allah be upon him) that the neglector of
prayer is infidel, and people of knowledge, from the time of the
Prophet (prayers and peace of Allah be upon him) till our present
day, also saw that the neglector of prayer deliberately with no
reason till the end of its time is infidel."
• Ibn Hazm mentioned that this was the
opinion of Omar, Abdurrahman Ibn 'Auf,
Mu'ath Ibn Jabal, Abu Hurayra and other companions, and he
said: "And we know none of the companions disagreed with those".
This is reported by Al-Munthiry (in At-Targhib Wa At-Tarhib), and
he added, from among the companions; Abdullah Ibn Mas'ud, Abdullah
Ibn Abbas, Jabir Ibn Abdullah and Abu Ad-Darda (may Allah be
pleased with them), and he added also, from among the scholars;
Ahmed Ibn Hanbal, Ishaq Ibn Rahawih, Abdullah Ibn Al-Mubarak,
An-Nakhey, Al-Hakam Ibn Utaybah, Ayub As-Sikhtiany, Abu Dawud
At-Tayalisy, Abu Bakr Ibn Abu Shaibah, Zuhair Ibn Harb and
others."
• If someone said: "What are
the refutations of the evidences of those who see that the
neglector of prayer is not infidel?
We would say: "Their evidences
do not say that the neglector of prayer would not be infidel or
that he is believer or that he will not enter Hell or that he is in
Paradise …etc. On the other hand, whoever considers these evidences
would find that they fall under one of five segments all of them do
not repute the evidences of who said that he is
infidel.
The first
segment: Weak Ahadeeth
(i.e. unauthentic Ahadeeth) whoever mentioned them tried to cling
to it but in vain.
The second
segment: What does not
relate to the issue; like those who draw a conclusion from the
saying of Allah Almighty: {Verily, Allâh forgives not that partners
should be set up with Him (in worship), but He forgives except that
to whom He wills} [Surat An-Nisa 4:48]
Transliteration:
Inna Allaha la yaghfiru an
yushraka bihi wayaghfiru ma doona thalika liman yashao
Actually, His saying: {except
that} means 'what is less than that, and does not mean 'anything
else', because whoever denies the saying of Allah and His Messenger
is infidel, an infidelity that would not be forgiven although it is
not setting up partners with Allah. And on the assumption that
{except that} means 'anything else'; it would be general text
restricted by the texts that indicate infidelity because of things
other than setting up partners with Allah and the infidelity that
gets the person out of religion for doing a sin would not be
forgiven although it is not setting up partners with
Allah.
The third
segment: General texts
are restricted with the Ahadeeth that declare infidelity of whoever
neglects prayer; this is like the saying of the Prophet (prayers
and peace of Allah be upon him) in the Hadeeth that is narrated on
the authority of Mu'ath Ibn Jabal: "There is no servant that bears
witness that there is no God except Allah and that Muhammad is His
servant and His Messenger but Allah makes him unlawful to Hell."
[Narrated by Muslim]
This Hadeeth had been narrated
by similar words on the authority of Abu Hurayra, Ubadah Ibn
As-Samit and Itban Ibn Malik (may Allah be pleased with
them).
The fourth
segment: General texts
are restricted with what cannot be done in case of neglecting
prayer. This is like the saying of the Prophet (prayers and peace
of Allah be upon him) in the Hadeeth that is narrated on the
authority of 'Itban Ibn Malik: "Verily Allah has forbidden the Fire
for one who says 'there is no God except Allah' thereby seeking
Allah's pleasure" [Reported by Al-Bukhari],
and the saying of the Prophet
(prayers and peace of Allah be upon him) in the Hadeeth that is
narrated on the authority of Muadh Ibn Jabal: "There is no servant
bears witness that there is no God except Allah and that Muhammad
is His Messenger, sincerely from his heart, but Allah makes him
unlawful to Hell" [Reported by Al-Bukhari]
• Actually, restricting
observance of prayer by bearing witness of monotheism with
sincerity prevents from neglecting prayer, because when anybody
says it sincerely, his sincerity would certainly lead him to
performing prayer. Prayer is the pillar of Islam and the connection
that is between the servant and his Lord; and if he was sincere in
seeking Allah's pleasure, he must surly do whatever enables him to
gain that and avoid whatever prevents him from this purpose. Also,
whoever sincerely bears witness that there is no God except Allah
and that Muhammad is the Messenger of Allah, this sincerity must
lead him to performing prayer sincerely for the sake of Allah
Almighty and for obeying the Messenger of Allah (prayers and peace
of Allah be upon him), because this is one of the requirements of
this sincere witness.
The fifth
segment: Texts are
restricted with situations that give excuse for not performing
prayer; this is like the Hadeeth that is reported by Ibn Majah on
the authority of Hudhaifa Ibn Al-Yaman that the Messenger of Allah
(prayers and peace of Allah be upon him) said: "Islam will
disappear gradually as the embroidery of clothes disappears …" till
he said: "and there will remain people, like the old and aged
persons, say: we found our fathers say the word of 'there is no God
except Allah' La Illaha Ila Allah thereupon we say it." Silah said:
"What would 'there is no God except Allah' do for them while they
do not know prayer, fast, Hajj or charity?" thereupon Hudhaifa
turned away his face from him, but Silah repeated his saying three
times and Hudhaifa continued turning away his face from him; when
it was the third time, Hudhaifa said: "O Silah, it saves them from
Hell" three times. [Authenticated by Al-Albani]
• Those who had been saved
from Hell by 'La Illaha Ila Allah' had an excuse for not performing
the obligations of Islam; because they knew nothing about them and
what they did is their best. They are like those who died before
having the obligations of religion enjoined or before having
ability to perform them; this is like the person who dies after
bearing witness of faith before having time to perform the
obligations of Islam, or the person who converted to Islam during
his stay in country of infidels and then died before knowing about
the obligations of Islam.
• The final word is that the
evidences of those who see that the neglector of prayer is not
infidel do not stand in face of the evidences of those who see that
he is infidel, because the evidences of the first are either weak
(not clear) or not proof or restricted with situations give excuse
for not performing prayer or general texts others made exceptions
to declare his infidelity!
• As long as it became clear
(by the sound strong evidence that cannot be refuted) that he is
infidel; it became necessary to apply the rules of infidelity and
apostasy upon him as natural consequence, because the rule stands
with its reason.
The second
chapter
Consequences
of apostasy because of neglecting prayer or any other (obligatory)
deed
• There are rules relate to
the worldly life and others relate to hereafter occurs as
consequences to apostasy.
First: among
the rules that relate to the worldly life:
1- Lapse of
guardianship: He could
not be given guardianship in something is for Muslims only;
thereupon, he cannot have guardianship over his young children (or
the children of others) or hold the marriage of his daughters (or
the daughters of others).
· Our jurists (may Allah Almighty have
mercy on them) had cleared in their digested and lengthened books
that the guardian must be Muslim as long as he hold the marriage of
Muslim woman, and they said: "There is no guardianship for infidel
man over Muslim woman." Also, Ibn
'Abbas (may Allah be pleased with him and his father too)
said: "There is no marriage without reasonable guardian, and
the highest and supreme of reason is Islam while the lowest and
most foolish is infidelity and apostasy; Allah almighty says: {And
who turns away from the religion of Ibrâhîm (Abraham) (i.e. Islâmic
Monotheism) except him who befools himself?} [Surat Al-Baqarah
2:130]
Transliteration:
Waman yarghabu AAan millati
ibraheema illa man safiha nafsahu
2- Not having
the right of inheriting his relatives: Because the infidel does not inherit
the Muslim and the Muslim does not inherit the infidel; it is
narrated on the authority of Osama Ibn Zaid (may Allah be pleased
with him and his father too) that the Prophet (prayers and peace of
Allah be upon him) said: "The Muslim does not inherit the infidel
nor the infidel inherits the Muslim" [Reported by Al-Bukhari and
Muslim and others]
3- Preventing
him from entering Mecca and its sacred house: Allah Almighty says: {O you who
believe (in Allâh's Oneness and in His Messenger Muhammad prayers
and peace of Allah be upon him)! Verily, the Mushrikûn
(polytheists, pagans, idolaters, disbelievers in the Oneness of
Allâh, and in the Message of Muhammad prayers and peace of Allah be
upon him) are Najasun (impure). So let them not come near
Al-Masjidal-Harâm (at Mecca) after this year} [Surat At-Tawba
9:28]
Transliteration:
Ya ayyuha allatheena amanoo
innama almushrikoona najasun fala yaqraboo almasjida alharama
baAAda AAamihim hatha
4- Making the
animals of cattle that are slaughtered by him unlawful:
This is applied upon camels,
cows and sheep and the other beasts that cannot be lawful without
lawful slaughtering. Among the requirements of lawful slaughtering
is that the slaughter should be Muslim or Jewish or Christian; the
animal that is slaughtered by apostate, polytheist, Magus and
others is not lawful.
· Al-Khazin said in
his Tafsir: "They held
consensus upon the prohibition of having the slaughtered animals of
the Magus and all polytheists, whether they are Arab polytheists,
pagans or people do not believe in a Book."
· Imam Ahmad
said: "I know nobody
saying other than this unless he is among those who make new
creations in religion."
5- Prohibition
of performing prayer upon him after his death and prohibition of
asking forgiveness and mercy for him: Allah almighty says: {And never (O
Muhammad prayers and peace of Allah be upon him) pray (funeral
prayer) for any of them (hypocrites) who dies, nor stand at his
grave. Certainly they disbelieved in Allâh and His Messenger, and
died while they were Fâsiqûn (rebellious, - disobedient to Allâh
and His Messenger)} [Surat At-Tawba 9:84],
Transliteration:
Wala tusalli AAala ahadin
minhum mata abadan wala taqum AAala qabrihi innahum kafaroo
biAllahi warasoolihi wamatoo wahum fasiqoona
And He almighty says: {It is
not (proper) for the Prophet and those who believe to ask Allâh's
Forgiveness for the Mushrikûn (polytheists, idolaters, pagans,
disbelievers in the Oneness of Allâh), even though they be of kin,
after it has become clear to them that they are the dwellers of the
Fire (because they died in a state of disbelief). (113) And
Ibrâhîm's (Abraham) invoking (of Allâh) for his father's
forgiveness was only because of a promise he [Ibrâhîm (Abraham)]
had made to him (his father). But when it became clear to him
[Ibrâhîm (Abraham)] that he (his father) is an enemy of Allâh, he
dissociated himself from him. Verily Ibrâhîm (Abraham) was Awwah
(one who invokes Allâh with humility, glorifies Him and remembers
Him much) and was forbearing.} [Surat At-Tawba
9:113-114]
Transliteration:
Ma kana lilnnabiyyi
waallatheena amanoo an yastaghfiroo lilmushrikeena walaw kanoo olee
qurba min baAAdi ma tabayyana lahum annahum ashabu aljaheemi (113)
Wama kana istighfaru ibraheema liabeehi illa AAan mawAAidatin
waAAadaha iyyahu falamma tabayyana lahu annahu AAaduwwun lillahi
tabarraa minhu inna ibraheema laawwahun haleemun
· Asking forgiveness and mercy for the
person who died upon infidelity, for any reason, is a kind of
transgression in invocation, mocking Allah and abandoning the way
of the Prophet and the believers. How could a person, believing in
Allah and the Final Day, seek forgiveness and mercy for a person
died in infidelity and he is enemy to Allah Almighty? Allah the
Exalted and Glorious said: {Whoever is an enemy to Allâh, His
Angels, His Messengers, Jibrîl (Gabriel) and Mîkâ'îl (Michael),
then verily, Allâh is an enemy to the disbelievers} [Surat
Al-Baqarah 2: 398]. Allah Almighty declared in this verse that He
Almighty is an enemy to all disbelievers.
Transliteration:
Man kana AAaduwwan lillahi
wamalaikatihi warusulihi wajibreela wameekala fainna Allaha
AAaduwwun lilkafireena
· It is obligation upon the believer
to declare innocence of every infidel; Allah Almighty says: {And
(remember) when Ibrâhîm (Abraham) said to his father and his
people: "Verily, I am innocent of what you worship, (26) except Him
(i.e. I worship none but Allâh Alone) Who did create me; and verily
He will guide me."} [Surat Az-Zukhruf 43:26-27],
Transliteration:
Waith qala ibraheemu liabeehi
waqawmihi innanee baraon mimma taAAbudoona (26) Illa allathee
fataranee fainnahu sayahdeeni
And He almighty says: {Indeed
there has been an excellent example for you in Ibrâhîm (Abraham)
and those with him, when they said to their people: "Verily, we are
free from you and whatever you worship besides Allâh: we have
rejected you, and there has started between us and you hostility
and hatred for ever until you believe in Allâh Alone"} [Surat
Al-Mumtahinah 60:4]
Transliteration:
Qad kanat lakum oswatun
hasanatun fee ibraheema waallatheena maAAahu ith qaloo liqawmihim
inna buraao minkum wamimma taAAbudoona min dooni Allahi kafarna
bikum wabada baynana wabaynakumu alAAadawatu waalbaghdao abadan
hatta tuminoo biAllahi wahdahu
And to follow the way of the
Messenger of Allah (prayers and peace of Allah be upon him); Allah
almighty says: {And a declaration from Allâh and His Messenger to
mankind on the greatest day (the 10th of Dhul-Hijjah - the 12th
month of Islâmic calendar) that Allâh is free from (all)
obligations to the Mushrikûn} [Surat At-Tawba 9:3]
Transliteration:
Waathanun mina Allahi
warasoolihi ila alnnasi yawma alhajji alakbari anna Allaha bareeon
mina almushrikeena warasooluhu
· Among the strongest ties of faith is
to love for the sake of Allah, hate for the sake of Allah, take
people as supporters for the sake of Allah and take others as
enemies for the sake of Allah; in order be a true follower to the
pleasure of Allah the Exalted and Glorious in your love, hate,
support and enmity.
6- Preventing
him from marrying the Muslim woman: Because he is infidel and the Muslim
woman is not lawful for the infidel according to the text and
consensus; Allah Almighty says: {O you who believe! When believing
women come to you as emigrants, examine them; Allâh knows best as
to their Faith, then if you ascertain that they are true believers
send them not back to the disbelievers. They are not lawful (wives)
for the disbelievers nor are the disbelievers lawful (husbands) for
them} [Surat Al-Mumtahinah 60:10]
Transliteration:
Ya ayyuha allatheena amanoo
itha jaakumu almuminatu muhajiratin faimtahinoohunna Allahu aAAlamu
bieemanihinna fain AAalimtumoohunna muminatin fala tarjiAAoohunna
ila alkuffari la hunna hillun lahum wala hum yahilloona
lahunna
· The author of
Al-Moghny said (6/592): "There is no disagreement between
the scholars about the prohibition of the women and slaughtered
animals of all infidels except the People of Book." He added: "And
it is unlawful to marry the apostate woman regardless of her
religion, because she did not take the rules of the people of the
religion that she converted to."
· And he said in the
chapter of the apostate (8/130): "And if he married, his marriage
would not be sound, because he is not given permission to marry,
and this leads to considering it unlawful marriage like the
marriage of the infidel man to Muslim woman."
· Hence, you see that he declared the
prohibition of marrying the apostate woman and the nullification of
the marriage of the apostate man. But what is the situation if
apostasy occurred after the marriage?!
· The author of
Al-Moghny said (6/298): "If one of the couples became
apostate before starting the marital life, the marriage contract
would be nullified at once, and none of them would inherit the
other. However, if he became apostate after starting the marital
life, then there are two opinions; one of them makes separation
urgent while the other asks for ending the Iddah."
· The author of
Al-Moghny said (6/639): "Nullification of marriage because
of apostasy before starting the marital life is the saying of the
majority of scholars and they have evidences for that saying. As
for its being nullified at once if apostasy occurred after starting
the marital life, it is the saying of Malik and Abu Hanifa. And as
for its being suspended upon the end of Iddah it is the saying of
Ash-Shaf'i."
· This means that the four imams agree
upon the nullification of marriage because of the apostasy of one
of the couples. If apostasy occurred before starting the marital
life, marriage should be nullified at once; however, if it occurred
after starting the marital life, Malik and Abu Hanifa see that it
would be nullified at once, while Ash-Shaf'i sees that they would
wait till Iddah ends. And there are two opinions narrated on the
authority of Imam Ahmad are similar to the above mentioned
opinions.
· The author of
Al-Moghny said (6/640): "If the husband and wife became
apostate together, their ruling is the same; as if just one of them
became apostate. If it occurred before starting the marital life
they would be separated at once; however, if it was after starting
the marital life, there are two opinions, and this is held by
Ash-Shaf'i. Then it is narrated that Abu Hanifa said that their
marriage should not be nullified, because their religion did not
become different religions and it is like as if they became
Muslims." However, the author of Al-Moghney refuted his
analogy.
· As long as it became clear that
marrying the apostate person is not sound marriage for the Muslim,
whether it is male or female, and this is according to the
understood meaning of the Book and Sunnah, and it became clear that
the neglector of prayer is infidel according to the Book and Sunnah
and the sayings of the majority of the companions. It is clear that
if the man who does not pray married Muslim woman, his marriage is
not sound and this woman is not lawful to him because of this
marriage; and if he repented to Allah Almighty and returned to
Islam, he must renew the contract of marriage. The same is applied
to the woman if she was the one who does not pray.
· This is not the same as the
marriages of the infidels during their infidelity. When an infidel
man marries an infidel woman, then she converts to Islam, the
contract of marriage will be nullified if her convert to Islam was
before starting the marital life. However, if it was after starting
the marital life, the contract would not be nullified, but she has
to wait the convert of her husband during the time of her Iddah; if
he converted to Islam before the end of Iddah, she would be his
wife; otherwise, she is no longer his wife, because the contract of
marriage had been nullified from the time of her convert to
Islam.
· At the time of the Prophet (prayers
and peace of Allah be upon him) infidels were used to convert to
Islam with their wives, and the prophet (prayers and peace of Allah
be upon him) was used to confirm their marriages unless there is
reason for nullifying the marriage, like their being unmarriageable
relatives married when they were magus; in such case the Prophet
would separate between them after their convert to Islam because of
the existence of a reason for prohibition.
· This question is not like the
question of the Muslim who became infidel because of neglecting
prayer and then married Muslim woman. The Muslim woman is not
lawful for the infidel according to the text and consensus as it is
mentioned previously, even if the infidel was not apostate person.
Therefore, if an infidel married Muslim woman, this marriage is
nullified and they must be separated; however, if he converted to
Islam and wanted to return to her, this could not be done without
new marriage contract.
·
7- Rule of the
children of the neglector of prayer whom are from a Muslim
wife: As for the
mother, they are her children anyway. However, as for the man;
according to those who see that the neglector of prayer is not
infidel, they are his children anyway, because his marriage is
sound. But according to those who see that the neglector of prayer
is infidel, which is the most authentic opinion as it is mentioned
in the first chapter, there are considerations:
· If the husband did not know that his
marriage is not sound, or does not think so; the children are his,
because his sexual intercourse with his wife, in this case, is
lawful in his opinion, and it will be considered as case of doubt,
and such cases prove the parentage.
· On the other hand, if the husband
knows that his marriage is nullified and thinks so, the children
will not be his; because they are created from the semen of a
person sees that his sexual intercourse is unlawful for having it
with a woman is not allowed for him.
Second: Rules
of hereafter that are consequences to apostasy
1- The angels
scold and tongue-lash him: Allah Almighty says: {And if you
could see when the angels take away the souls of those who
disbelieve (at death); they smite their faces and their backs,
(saying): "Taste the punishment of the blazing Fire. (50) This is
because of that which your hands had forwarded. And verily, Allâh
is not unjust to His slaves."} [Surat Al-Anfal 8:50-51]
Transliteration:
Walaw tara ith yatawaffa
allatheena kafaroo almalaikatu yadriboona wujoohahum waadbarahum
wathooqoo AAathaba alhareeqi (50) Thalika bima qaddamat aydeekum
waanna Allaha laysa bithallamin lilAAabeedi
2- He would be
resurrected with the people of infidelity and polytheism because he
is one of them: Allah
Almighty says: {(It will be said to the angels): "Assemble those
who did wrong, together with their companions and what they used to
worship, Instead of Allâh, and lead them on to the way of flaming
Fire (Hell)} [Surat As-Saffat 37:22-23]. Companions here the people
that are alike in deeds.
Transliteration:
Ohshuroo allatheena thalamoo
waazwajahum wama kanoo yaAAbudoona (22) Min dooni Allahi faihdoohum
ila sirati aljaheemi
3- Immortality
in hellfire: Allah
Almighty says: {Verily, Allâh has cursed the disbelievers, and has
prepared for them a flaming Fire (Hell). (64) Wherein they will
abide forever, and they will find neither a Walî (a protector) nor
a helper. (65) On the Day when their faces will be turned over in
the Fire, they will say: "Oh, would that we had obeyed Allâh and
obeyed the Messenger (Muhammad prayers and peace of Allah be upon
him)} [Surat Al-Ahzab 33:64-66]
Transliteration:
Inna Allaha laAAana
alkafireena waaAAadda lahum saAAeeran (64) Khalideena feeha abadan
la yajidoona waliyyan wala naseeran (65) Yawma tuqallabu wujoohuhum
fee alnnari yaqooloona ya laytana ataAAna Allaha waataAAna
alrrasoola
Here, we ended what we
intended to say in this grave issue, which many people are
afflicted with.
Gate of repentance is still
open for whoever wants to repent; therefore, dear Muslim brother,
hurry to returning to Allah the Exalted and Glorious in sincerity
for Him Almighty and regret upon what you did and determination
upon not returning and augmentation to the acts of obedience
{Except those who repent and believe (in Islâmic Monotheism), and
do righteous deeds; for those, Allâh will change their sins into
good deeds, and Allâh is Oft-Forgiving, Most Merciful. (70) And
whosoever repents and does righteous good deeds; then verily, he
repents towards Allâh with true repentance} [Surat Al-Furqan
25:70-71]
Transliteration:
Illa man taba waamana
waAAamila AAamalan salihan faolaika yubaddilu Allahu sayyiatihim
hasanatin wakana Allahu ghafooran raheeman (70) Waman taba
waAAamila salihan fainnahu yatoobu ila Allahi mataban
I ask Allah Almighty to
facilitate for us our affairs in the right way and guide us all to
His straight path; the path of those on whom Allah has bestowed His
Grace, of the Prophets, the Siddiqûn (those followers of the
Prophets who were first and foremost to believe), the martyrs, and
the righteous; not (the path) of those who earned His Anger nor of
those who went astray.
Compiled by
the pen of the needy before Allah almighty: Muhammad Al-Salih
Al-Uthaimin
Al-Watan
House
---
[1] Abu Huraira reported
Allah's Messenger (way peace be upon him) as saying: If any owner
of gold or silver does not pay what is due on him, when the Day of
Resurrection would come, plates of fire would be beaten out for
him; these would then be heated in the fire of Hell and his sides,
his forehead and his back would be cauterized with them. Whenever
these cool down, (the process is) repeated during a day the extent
of which would be fifty thousand years, until judgment is
pronounced among servants, and he sees whether his path is to take
him to Paradise or to Hell. It was said: Messenger of Allah, what
about the camel? He (the Holy Prophet) said: If any owner of the
camel does not pay what is due on him, and of his due in that
(camel) is (also) to milk it on the day when it comes down to
water. When the Day of Resurrection comes a soft sandy plain would
be set for him, as extensive as possible, (he will find) that not a
single young one is missing, and they will trample him with their
hoofs and bite him with their mouths. As often as the first of them
passes him, the last of them would be made to return during a day
the extent of which would be fifty thousand years, until judgment
is pronounced among servants and he sees whether his path is to
take him to Paradise or to Hell. It was (again) said: Messenger of
Allah, what about cows (cattle) and sheep? He said: It any owner of
the cattle and sheep does not pay what is due on them, when the Day
of Resurrection comes a soft sandy plain would be spread for them,
he will find none of them missing, with twisted horns, without
horns or with a broken horn, and they will gore him with their
horns and trample him with their hoofs. As often as the first of
them passes him the last of them would be made to return to him
during a day the extent of which would be fifty thousand years,
until judgment would be pronounced among the servants. And he would
be shown his path-path leading him to Paradise or to Hell. It was
said: Messenger of Allah, what about the horse? Upon this he said:
The horses are of three types. To one than (these are) a burden,
and to another man (these are) a covering, and still to another man
(these are) a source of reward. The one for whom these are a burden
is the person who rears them in order to show off, for vainglory
and for opposing the Muslims; so they are a burden for him. The one
for whom these are a covering is the person who rears them for the
sake of Allah but does not forget the right of Allah concerning
their backs and their necks, and so they are a covering for him. As
for those which bring reward (these refer to) the person who rears
them for the sake of Allah to be used for Muslims and he puts them
in meadow and field. And whatever thing do these eat from that
meadow and field would be recorded on his behalf as good deeds, as
would also the amount of their dung and urine. And these would not
break their halter and prance a course or two without having got
recorded the amount of their hoof marks and their dung as a good
deed on his behalf (on behalf of their owner). And their master
does not bring them past a river from which they drink, though he
did not intend to quench their thirst, but Allah would record for
him the amount of what they drink on his behalf as deeds. It was
said: Messenger of Allah, what about the asses?, Upon this he said:
Nothing has been revealed to me in regard to the asses (in
particular) except this one verse of a comprehensive nature: "He
who does an atom's weight of good will see it, and he who does an
atom's weight of evil will see it". [Sahih Muslim]
Al-Watan House
Translated by Wathakker Website
en.wathakker.net
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