Understanding The Prophet's Life
From Issue: 860 [Read full issue]
Takfir
The Shariah forbids the attribution of disbelief, blasphemy or heresy to a Muslim. This is a normative principle which is applied even to cases where one suspects another of disbelief (kufr). Thus, if a believer observes a fellow Muslim uttering words or indulging in acts which might be suggestive of disbelief, he must give him the benefit of the doubt, and avoid charging him with disbelief in all cases which fall short of self-evident proof. Even in the latter event it is strongly recommended that people should avoid charging others with infidelity and disbelief. Apart from the emphatic tone of a large number of prohibitive Hadiths on this subject, the issue is so sensitive and complex that only a judge or jurisconsult (mufti) who is wellversed in theological sciences is authorised to determine what exactly amounts to disbelief.
Since unity in faith is the very foundation of the Islamic fraternity, the Prophet (peace be upon him) has warned the believers to avoid accusing one another of disbelief. Thus, according to a Hadith reported by Abd Allah Ibn Umar: "When a man calls his brother 'kafir' one of them is afflicted with the charge. Either it is as he says or [if the accusation is not true], it befalls the person who uttered." [Muslim]
According to yet another Hadith, reported by Abu Dharr al-Ghaffari: "Whoever charges another person with disbelief, or calls him an 'enemy of God', while this is not so, will have the charge rebound upon himself." [Mishkat]
The message in the preceding Hadiths is not confined to the prohibition of takfir, but extends also to transgression or sin (fisq) and the unfounded attribution of crime and sin to others. A Muslim is thus forbidden from charging others with fisq. This is the purport of another Hadith which declares in the brodest of terms: "No man accuses another of transgression (fisq) or disbelief (kufr) without partaking of it himself if the accused is not what the accusation claims he is." [Mishkat]
All that a person may do when he suspects that disbelief, heresy or apostasy is being committed by another is to give him good advice in the true spirit of the Quranic principle of hisbah (promotion of good and prevention of evil). A person who witnesses the incidence of heresy and disbelief would have fulfilled his duty if he provided the necessary evidence to establish the truth, and then left the matter in the hands of the authorities.
Compiled From:
"Freedom of Expression in Islam" - Mohammad Hashim Kamali, pp. 186-189