التكفير بالاستحلال دراسة عقدية

Abstract

Abstract

This study sets out to pinpoint the determinant that renders when the act of Istiḥlāl(i.e. deeming something to be permissible, while Islam judges it to be forbidden) constitutes major disbelief. I will offer evidence in support of my view and also discuss the various faulty alternative viewpoints on the subject, while responding to the evidences their proponents employ. This will be preceded by an elucidation of the notion of Istiḥlāland its various uses in Islamic scriptures.

The importance of this study:

The importance of researching the matter of making takfīr (i.e. excommunicating one from Islam) of one for committing Istiḥlālcan be appreciated by mentioning the following points:

Firstly, there is the danger of takfīritself and the recognition that it is a topic in great need of a methodical study.

Secondly, much obscurity overshadows the topic of Istiḥlāl, in addition to there being difficulty in identifying the determinant that renders when the act of Istiḥlālconstitutes major disbelief and apostasy.

Thirdly, there is an ever-growing spread of faulty contemporary opinions pertaining to this topic, that stem out of their error in identifying the determinant that renders when the act of Istiḥlālconstitutes major disbelief and apostasy.

The methodology employed in this article:

In this study, I employed a variety of research methodologies by adopting inductive, analytical, and critical approaches. 

The most important learnings:

The most important learnings of this study are that 1)Istiḥlāl, as a term, is used in a variety of ways in Shariah; 2) Takfīr for the act of Istiḥlālcan only be done if it is proven that the individual believes in the Istiḥlālin his heart, and that mere actions and speech on their own do not suffice in determining that Istiḥlālhas truly taken place; and that 3) The disbelief of Istiḥlālin essence relates to Kufr at-Takdhīb (i.e. disbelief by belying the truth of Islam).

The most important recommendations:

From amongst the most important recommendations is the importance of gathering all the contemporary studies that relate to the meaning of Istiḥlāl and subjecting them to an in-depth study whereby we ensure that they stem from the correct determinant that renders when the act of Istiḥlālconstitutes major disbelief.