Answered by Shaykh Gibril Haddad
[Apologies for poor formatting]
Wa `alaykum as-Salam:
Does any person (be it a regular person or a an 'alim) have the right to put any other person (who claims to
be muslim), out of faith?... if yes, is there anything in the the Quran or Sunnah that would prove it? and if
no, then isn't this very act of calling a "muslim claimee" out of faith, haram/sinful?
This reply is in two parts, the first are some primary texts and the second some Hanafi fatwas on the issue.
Imam Abu al-Qasim ibn `Asakir narrates in Tabyin Kadhib al-Muftari (p.373-) with his chains:
1. >From Khaddash ibn `Iyash:
We were sitting in a circle in al-Kufa when a man among us said: "We were sitting with Abu Hurayra whereupon a young man passed by. A man sitting with us said: 'This is a Kafir from among the people of the Fire.' Abu Hurayra rose and went to speak with the young man, asking him: 'Who are you?' He replied: 'Son-and-so, son of So-and-so.' Abu Hurayra said: 'Allah have mercy on your father!' The young man was looking around, so he asked him: 'What are you looking for?' He replied: 'I have not prayed yet.' Abu Hurayra said: 'So you pray?' The young man replied: 'Subhan Allah!' Abu Hurayra: 'And you say Subhan Allah?' He said: 'La Ilaha illAllah!!' Abu Hurayra: 'And you say La Ilaha illAllah?' The young man said: 'I would prefer not to leave Salat even if I were given all there is on the face of the earth.' Abu Hurayra said: 'Allah have mercy on you. Allah have mercy on you. Allah have mercy on you.' Then he came back to his seat in the circle and said: 'I heard the Messenger of Allah say: "Whoever bears testimony against a Muslim of which the latter is not deserving, let him prepare for his seat in the Fire."'"
2. >From `Ubayd Allah ibn `Umar, from Nafi`:
A man said to Ibn `Umar: "I have a neighbor who bears witness against me that I commit shirk." He replied: "Say: 'La Ilaha illAllah,' you will make him a liar."
3. >From Sawwar ibn Shabib al-A`raji:
I was sitting in Ibn `Umar's house when a man came and said: "O Ibn `Umar! There are groups of people bearing witness against us and attributing to us kufr and shirk." Ibn `Umar replied: "Woe to you! Did you not say: 'La Ilaha IllAllah'?!" Whereupon the entire household began to say La Ilaha IllAllah until the house was shaking.
4. >From al-A`mash, from Abu Sufyan:
We came to see Jabir ibn `Abd Allah who lived in Makkah and resided with the Banu Fihr. A man asked him: "Did you [the Companions] use to call anyone from the People of the Qibla [i.e. Muslims], 'Mushrik'?" He
replied: "I seek refuge in Allah." The man continued: "Did you call anyone from them 'Kafir'?" He said: "No."
From: faqeer khan <faqeerkhan@yahoo.com>
To: MSA-EC <msa_ec@listbot.com>
Subject: fwd: Fatwas...
Date: Wednesday, April 11, 2001 11:23 PM
as-salaam `alaykum,
Forwarded message:
----
The Fatwas: Look at the strictness with which we are warned not to pronounce someone a Kaafir.
Hadrat Ibn Abideen says in his Radd al-MuHtar:
"The Fatwa of Kufr is not given to a Muslim when his words have the possibility of being interpreted in better (Hasan) manner (not amounting to Kufr)".(vol 3/p.283)
But yet we should not shy away from the Fatwas; as Hazrat Junayd al-Baghdadi did in case of Husayn ibn Mansur al-Hallaj (NafaHaat - Hazrat Jami) and Izz Abd as-Salaam in case of Shaykh Muhiyuddeen ibn al-Arabi Qaddasallahu Asraarahum wa Nafa'na bihim wal Muslimeen. "And it is mentioned in some other place 'I have heard that Izz ad-Deen Abd as-Salaam disapproved (YuT'yinu) of Hazrat Ibn 'Arabi, and he called him a Zindeeq. Another day, one of his disciples told him, that he wished to see a Qutub [a grade of Waliyah]. He [Izz ad-Deen Abd as-Salaam] pointed towards Hazrat Ibn 'Arabi. The disciple [was perplexed] said, "but you disapprove of him", he replied "THAT is the ruling according to Sharia' (Dhahir) or something like that...." (Radd al-Muhtar vol.3/p.294)
And there is consensus that the slanderer of the Prophet Sallallahu 'Alayhi wa Sallam is a Murtadd. "The ibarat of Shifa is as follows: Abu Bakr ibn al-Mundhir held that the consensus of the scholars on the matter that the slanderer of the Prophet Sallallahu 'Alayhi wa Sallam should be executed (killed). And others who said so are Malik ibn Anas, Layth, Ahmed ibn Is-Haaq and so is the Madh-hab of Shafiyi and it is also the ruling of Hazrat Abu Bakr RaDiyallahu 'Anhu, and neither is his Tawba (repentance) accepted. Others who said so are Abu Hanifa and his followers (AS-Haab) and Thawri and the Scholars of Kufa and Awzayee....." (Radd al-Muhtar vol.3/p.294)