Imam Al-Kisai, may God have mercy on him, recounted:
“I was leading Harun al-Rashid in prayer and I was pleased with how I was reciting. However, I made an error in a verse that even a child would not typically make. I meant to say: ‘Perhaps they will return’ but instead, I said it with a slight grammatical error.
Harun didn’t dare correct me directly. After we finished, he asked, ‘O Kisai! What language was that?’ I responded, ‘O Commander of the Faithful, even the best horse may stumble!’ He acknowledged, ‘Indeed, that’s true.'”
Imam Al-Dhahabi, may God have mercy on him, commented on this incident, saying: “Anyone who understands this anecdote realizes that no matter how elevated a scholar’s stature or how advanced their knowledge, they are not immune to making mistakes and missteps. These errors do not detract from their expertise, diminish their value, or reduce their standing.
Those who accept the mistakes of the knowledgeable and virtuous with this understanding are to be commended for their approach, appreciated for their perspective, and they are likely to be correct in their own judgments.”
From “Siyar A’lam al-Nubala” (Volume 1, Page 376).
Question: The other day I was out with some of my friends, and we started talking about different groups. One of them said that such-and-such person is a kafir (infidel). Upon hearing this, I told him that was not right. In his defense, he told me that he heard one of this person’s talks and what he said was nothing but kufr. What do I do?
Answer: Bismillah wa salatu wa salamu ‘ala sayyidina rasulillah. Sadly, this is the case for some in our community. Frank Luntz mentions in “What Americans Think…Really” that 90% of Americans think they are smarter than other Americans. Unfortunately, it seems that arrogance like this transcends faith and falls into our community as well.
Takfir (declaring apostasy) is not an easy affair. Just like any ruling, it has certain conditions that, if not present, will prevent the ruling, in this case, disbelief, from occurring.
Here are some of those conditions:
Declaring apostasy cannot be based on probability, meaning if there is a chance that a person may not be a kafir. Imam Malik said, “If I have 99 reasons to believe a person is a kafir and one to believe he is not, I’ll prefer the latter.”
Takfir is made regarding things that are known by default, like God being one and the finality of prophethood. The Malikis listed 33 issues that fall under the heading malum min al-din bi al-darurah.
Takfir cannot be based on following an opinion (ijtihad) of a scholar in fiqh (legal verdict). There is no kafir in fiqh because fiqh implies knowledge of things beyond the average person’s scope. For that reason, a person is not declared a kafir who makes tawassul (praying to Allah through an intermediary). Imam Ahmad said, “We do not declare such people as kuffar.”
Takfir cannot be based on a sincere attempt to interpret or understand a text. Allah subhanahu wa ta’ala (Exalted is He) mentions the followers of Christ saying, “Can God send a table from the heavens?” This is a statement of kufr but they were excused because it was a sincere question and an effort to understand.
Takfir cannot be based on actions that are due to ignorance. In the Qur’an, we find the followers of Musa alayhi salam saying, “Make for us idols to worship like they (the people of Egypt) had.” Musa’s response was, “You are an ignorant people.” He did not say that they were kuffar. This verse serves as the foundation for the axiom “Al-‘Uthru bi Jahl” (Ignorance is excused).
Takfir can only be made on an act of pure worship coupled with an intention that is clear kufr. Al-Dhahabi said, “If I saw a Muslim making sujud to a grave, I would not declare takfir until I talked to him.”
Takfir cannot be made upon an action that was done under the threat of harm. Allah (swt) says, “Except for the one who was forced (to say kufr) and his heart was full of faith.”
Takfir cannot be made upon an act that was an emotional burst. The Prophet ﷺ (peace be upon him) said that the man who lost his camel in the desert and later found it, said, “God! You are my servant and I am your Lord.” The Prophet ﷺ did not say this man was a kafir even though the statement is kufr. Ibn Hajar notes that this man was overcome with joy, so his statement was an exclamation.
Just because someone’s group is not from Ahl-Sunna does not mean they are kafir. For that reason, the companions prayed janazah (funeral prayer) for the Khawarij. They did not collect the spoils of war from them but gave it to the deceased’s family according to the Islamic rules on inheritance. Ibn Taymiyyah says that this proves the companions considered them Muslims.
Making takfir of others without knowledge is a major sin.
There is no takfir for major sins (only in certain situations).
Takfir is to be made, in most cases, by a Qadi and not a layperson or even a mufti as noted by Khalil. The reason for this is because, in the classical age, this implied a loss of rights. Secondly, a layperson accusing another of kufr falls under qathf, a major sin.
Recently, I saw a lecture on YouTube with a man claiming that saying, “jumu`ah mubārak (a blessed Friday)” on Fridays is an innovation? Is that true?
The Answer
Scholars of fatwā (legal opinions) divided acts into worship and customs. Both are central to our faith, and scholars gave each a tremendous amount of attention. For that reason, the first Ph.D. granted at al-Azhar University in the 20’s was on Islam and Custom.
Customs and Cultures are Embraced by Islām
Custom is so important that it forms one of the five major axioms of Islamic law. Al-Qādi al- Hussein al-Shāf’i wrote, “Utilization of custom is one of the five principles that Islamic Law rests on.”
Imām al-Syūtti mentioned them in Kawkab al-Sāti saying,
“Certainty does not remove doubt, and Islam removes every harm. Hardship brings ease and custom (for fiqh) is a reference point A few added a fifth: that every act of a person is based his intention.”
Custom in the Tradition
`Abdullah bin Masūd used to say, “What the Muslims deem as good is good.”
In Imām al-Bukhāri’scollection of authentic hadīth (saying or tradition of the Prophet ﷺ – peace be upon him), under the chapter on commerce, we find an interesting title for the 95th section:
Chapter: Where there is no fixed judgement, the traditions and conventions of a community are referred to – Customs and Norms is an Important Part of our Faith
Commenting on this, Imām bin Hajar wrote, “The purpose of this title is to establish the reliance on custom in Islamic law.”
That is not to say that any custom is recognized by Islam. For more on that, consult a local scholar or see the books of usūl al-fiqh (principles of Islamic jurisprudence).
The Ruling on Customs and Day to Day Affairs is Permissibility
Imām Ibn Taymiyyah wrote, the foundations of Imām Ahmed’s school are two:
Customs are permissible unless there is a clear text that forbids them.
Acts of worship are forbidden (to invent) unless there is a clear text that allows them.
Then, he defined custom saying, “Customs are habits of people pertaining to food, drink, clothing, transportation, speech and other such normal day to day activities. Thus, they should not be forbidden unless by Allah or his Messenger ﷺ through an explicit text, a general one or a proper analogy. If not, then the general ruling for them is permissibility.”
We understood from Ibn Taymiyyah’s definition that customs divide into two parts: words and deeds.
Ibn Hajar said, “Custom plays a role in determining the explicit meaning of words.” Implying that if a person uses a word that is exclusive to his culture, the known custom is used to determine its implications. For that reason, Imam al-Dardīr noted that the Māliki’scoined an axiom, “Customs are like conditions.” From the important usage of words are greetings and salutations.
Greetings
Scholars agree that greetings fall under mu`amalāt(day-to-day activities), and they are part of customs that are related to speech. Since the general ruling on customs in permissibility, then greetings that are free of evil are considered permissible. For that reason, when Talha (a great companion of the Prophet ﷺ) greeted K`abwith the good news of the latter’s forgiveness, the former was not censured by the Prophet ﷺ, K`abor the other companions (Allah be pleased with them all).
Based on this important principle and the large number of general texts that encourage us to speak well and be gentle to others, it is a stretch to say that such a greeting in an innovation. Imām al-Sakhāwi noted this in al-Tahina bi al-Shūr wa al-‘Ayād (Greetings Upon Months and Holidays) in greater detail.
Al-Asma’i said: Ata’ ibn Abi Rabah entered upon Abdul Malik ibn Marwan while he was sitting on his throne surrounded by nobles, during his pilgrimage in his caliphate. When Abdul Malik saw him, he stood up to greet him, welcomed him, and seated him beside him on the throne, then sat in front of him and asked, ‘O Abu Muhammad, what do you need?’
He said, ‘O Commander of the Faithful, fear Allah regarding the sanctity of Allah and His Messenger’s sanctity, and maintain it well; fear Allah regarding the children of the Migrants (Muhajirun) and the Helpers (Ansar), for by them you have come to sit in this seat; fear Allah regarding the people of the frontiers, for they are the fortress of the Muslims; and look after the affairs of the Muslims, for you alone are responsible for them; and fear Allah regarding those at your door, do not neglect them nor close your door to them.’
He replied, ‘I will do so.’ Then he rose, but Abdul Malik held him and said, ‘O Abu Muhammad, you have asked for the needs of others and we have fulfilled them, so what do you need?’
He said, ‘I have no need of any creature!’ Then he left.
Abdul Malik then said, ‘This is dignity, O my father, this is nobility.’
I often hear passionate Muslims disparage ‘the scholars’ as sell-outs and lackeys. While that may hold true, the majority of scholars and educators are people of integrity, often flawed, but not devils. A question arises: where are the masses of Muslims who make that claim? Since the Arab Spring, hundreds of thousands of scholars have been imprisoned in Muslim lands. Where are those who claim to adore these scholars?
Religious power often came from a mix of communal values and deep dedication to scholars that tipped the balance of power: if you mess with scholars, there is a price to pay.
Today, with some Muslims enamored by the material world, seeing their value through its metrics, that balance is gone, amplified by unhealthy expectations and misplaced frustrations. Don’t ask what scholars have done for you, but what you have done for them…
For perspective: compare the ‘ummah’s’ silence on the imprisonment of Sh. Salman al-Auda, Sheikh al-Qaradawi’s family, or even in the 2000s, Sheikh Muhammad al-Hasan, with the efforts to defend the Dalai Lama by his followers.
For there to be order, there must be a social contract between religious scholars and the masses that guarantees the protection of both centered on worship. If not, instability sets in, and the rot of unchecked despots, supported by compromised scholars, takes hold.
Suhaib Webb
The narration above is referenced in: (Tadhkirat al-Huffaz, Vol. 1, Page 91, Entry 90) and in (Mizan al-I’tidal, Vol. 3, Page 70, Entry 5640).
After Ramadan ends, I want to share an important reminder: Don’t underestimate the impact of small sins!
The Prophet Muhammad, ﷺ , once said that small sins can have devastating consequences if they accumulate. Even minor infractions, like small lies or occasional gossip, can eventually erode our character.
Here’s an example that illustrates the gradual impact of these small sins. Think of a tall palm tree being slowly destroyed by termites, almost invisible to the eye, yet causing irreparable damage. In comparison, even a fierce storm doesn’t snap a single branch. This analogy shows how persistent minor misdeeds can ultimately lead to a greater downfall than one-time major transgressions.
I haven’t found a more profound expression of this idea than what our esteemed scholar Dr. Ayman al-Jundi wrote:
“Our eternal fate depends on the balance between our good deeds and sins accumulated over our lifetime! This attitude stems from the Quran, which repeatedly states that we are saved—or doomed—by our deeds:
“And that man can have nothing but what he strives for; And that his striving will soon come in sight: Then will he be rewarded with a reward complete; And that to thy Lord is the final goal.”
Although Allah’s mercy is fundamental to the righteous entering Paradise, the Quran emphasizes that they achieved it through their deeds: “And this is the Paradise that you were promised for what you used to do.”
Similarly, those destined for torment earned it through their actions:
“And We did not wrong them, but they wronged themselves.”
With this Quranic truth in mind—that our salvation or destruction depends on our deeds—let’s remember that we have two accountants: one for good deeds and one for sins.
If you wear a smartwatch, you’ll understand immediately. It continuously tracks your steps, counting even the simplest ones to the kitchen or bathroom, often without you noticing. By the end of the day, you may be surprised at the distance you’ve covered (even small steps).
The same happens with our counters for good deeds and sins! Therefore, my advice—from personal experience—is to immediately stop committing unnecessary sins because your sin counter doesn’t stop counting.
We commit two types of sins: those that are hard to cease without genuine repentance and a complete life overhaul, and trivial foolish sins that are easier to quit.
These trivial sins are counted against you and are ultimately insignificant to your life (so you think) and require little effort to stop, such as crude language, tasteless replies, silly gossip, and mocking others.
My advice to you and myself, if the time for full, sincere repentance hasn’t arrived yet (and how difficult it is for the soul!), at least immediately cease these trivial sins. Your sin counter is always running, and your record (which isn’t lacking) doesn’t need more sins added just for the sake of carelessness.”
*Dr Zainab Abo ElFadl – Professor of Usul al-Fiqh and Fiqh, Tanta University, Egypt.
Ahmed Shawqi writes, اقرؤا التاريخ إذ فيه العبر * ضاع قوم ليس يدرون الخبر: “Read history, for in it are lessons; a people perished who did not know history.”
Shawqi emphasizes the importance of learning from history to avoid the mistakes of the past. He notes that those who remain ignorant of historical events are doomed to suffer similar fates as those who perished before them, illustrating the value of historical knowledge as a guide for future actions.
The Quran commands us to learn from history, “Look at those who came before you,” as it shows, through history, prophetic values and teachings, “They believe in what was sent to you and those before you” (Quran 2:136). Additionally, it reminds us to use history as a catalyst for gratitude, “Remember My favors upon you” (Quran 2:40), and as a reason to celebrate, “Then remind them of the days of Allah” (Quran 14:5).
Imam al-Junayd said, “Stories of the righteous are infantry of God, sent to strengthen the hearts of the faithful.” When questioned to substantiate that claim, he responded with the verse, “And every story we relate to you is only to strengthen your heart” (Quran 11:120).
My recent post and series on Youtube attracted some inquiries from good brothers who follow the Maliki school. I am not a reference in the school, so I thought it best to provide an answer to this question from the Libyan scholar, and my teacher: Dr. Isam al-Sari. I abridged it slightly for clarity and organized it to ease retention.
A Tradition Of Objectives “Early Malikis, traditionally known for advocating the disbursement of food in Zakat al-Fitr, would likely support cash donations if they were present today. This shift is due to the evolving needs of the underserved, where cash now offers broader benefits and is more practical for both the giver and receiver.
Opinions Within The School A number of Maliki scholars have openly supported the option of cash disbursement in Zakat al-Fitr, including:
• Ibn al-Qasim in “Al-Utbiah” • Ashhab • Asbagh • Ibn Abi Hazm • Ibn Dinar
Later figures such as Al-Nafrawi and Al-Sawi have further acknowledged the sufficiency of giving cash over grains, establishing it as a notable view within the school. This practice has been widely accepted in Muslim countries for years without dispute, indicating a shift in legal rationale, with cash disbursement now often preferred to food.
Critically, associating the Maliki stance solely with food, without considering the broader objective of meeting the underserved’s needs, deviates from juristic practice. This approach overlooks several key issues:
1. The primary legal goal is unmet if the underserved’s needs are not addressed by food. 2. It disregards the legal outcomes where the underserved may need to sell the zakat given food to obtain cash. 3. It neglects the superior legal benefit of cash disbursement over the minimal benefit of food distribution. 4. As stated by jurists, wherever there is benefit, there is the law of Allah.
Imam Al-Qarafi warned that strict adherence to past rulings without considering the objectives of Muslims and the practices of predecessors is misguidance.”
Maliki’s Across the Globe (added by Suhaib) This viewpoint is not unique to the Libyan Fatwa Department; Dr. Islam is sharing that opinion, but is also shared by:
• The Tunisian Fatwa Department (Maliki) • Grand Mufti of Egypt, Sheikh Shawki Allam, who is Maliki • Algerian Ministry of Religious Affairs and Endowments (Maliki) • UAE’s Fatwa Council (Maliki) • Islamic Fiqh Academy in Khartoum (Maliki) • Supreme Scientific Council in the Kingdom of Morocco (Maliki)
All these institutions follow the Maliki school of thought, demonstrating a broad consensus on the matter across various countries and Islamic bodies.
When the companions gave grains as Zakat al-Fitr, it wasn’t set in stone as the only way, especially according to the Hanafi school and many jurists who see giving cash as perfectly acceptable. They recognized that giving grains back then simply matched what the underserved needed. Hence, when clothes became a more straightforward option for zakat givers and more helpful for the underserved, Mu’adh advised the people of Yemen,
“Bring me clothes, either worn or new, as it is easier for you and better for the Messenger of Allah’s companions in Medina.”
He was essentially saying to switch to what was more practical and beneficial, moving away from what the Prophet – peace be upon him – had initially instructed with grains.
Mu’adh grasped that the real goal was to meet the needs of the underserved. The choice of grains was about fitting the circumstances of that time, suggesting that what we give can change depending on the situation, time, and place. So, there’s no need to insist on grains when money could serve better now.
In our era, giving cash aligns more closely with the underserved’s needs, thanks to its flexibility and direct way to address various needs, much like clothes did for the people of Yemen in the companions’ days.
Unlike grains, whose current utility might be limited, people might need essentials like clothing or shoes. Some jurists have mentioned, “The more a thing serves a benefit, the better it is to give it over others.“
The essence of Zakat al-Fitr is beautifully captured in the idea of preventing the need for the underserved to ask for help on Eid, as highlighted in the hadith, “Enrich them from asking on this day.” Anything that fulfills this purpose of enrichment on Eid fulfills the zakat requirement, indicating that just because grains were given in the Prophet’s time, peace be upon him, doesn’t mean cash is off-limits now; it’s about what best meets the need, not the form it takes.”
Dr. Isam al-Sari holds a PhD. in Usul al-Fiqh from al-Azhar university in Cairo.
Question: What are the rules regarding men and women standing together during Eid prayers? There is a local group here that advertises this.
Answer: All praise is due to Allah, and may peace and blessings be upon Prophet Muhammad ﷺ, his family, his companions, and those who follow them in righteousness.
It is highly recommended for Muslims, including men, women, and children, to participate in Eid prayers as an expression of glorifying Allah and partaking in congregational goodness.
When performing the Eid prayer, it is essential to arrange separate areas for men and women, just like the five obligatory prayers. This the precedent of the early Muslim men and women, as taught by the Prophet ﷺ.
Abu Malik Al-Ash’ari reported the Prophet Muhammad ﷺ structured prayers with men at the front, followed by boys, and then women, emphasizing the organized manner of the congregation’s prayers [Narrated by Abu Dawood].
Anas bin Malik recounted praying in his home with the Prophet ﷺ, where he and an orphan stood behind the Prophet, and his mother, Umm Sulaim, prayed behind them, indicating the practice of separating genders during prayer [Mutually agreed upon by scholars].
This method of organization is ensure the focus and purpose of worship are maintained, avoid any actions that could compromise modesty, or lead to evil.
The Prophet Muhammad ﷺ specifically advised having a separate exit for women from the mosque to underline these values. Ibn Umar relayed that the Prophet ﷺ suggested dedicating a door exclusively for women’s use [Narrated by Abu Dawood].
Therefore, women should not pray directly beside men without a partition. According to Hanafi scholars, such a prayer without a barrier is invalid, while most other jurists consider it disliked.
To avoid disagreement, ensure the unanimity of the prayer’s validity, and uphold the general decorum recommended by Sharia, you must follow these guidelines for arranging prayer rows and maintaining designated places for each gender.
I was forced, under threat of assault, to divorce my wife. My question is: Does that constitute a valid divorce?
The Answer
Several religious proofs highlight the invalidity of a divorce under duress. Islam places importance on autonomy, forbidding coercion to ensure that individuals can live healthy lives and make informed choices. Allah says, “There is no compulsion in the faith.” (Quran 2:256). The Prophet ﷺ noted that anyone forced to do something against his will is forgiven, stating, “My community is pardoned for what they do under duress.” (Ibn Majah). This applies to sin as well as the impact on contracts.
In the context of a divorce under coercion, the Prophet ﷺ said, “There is no divorce under compulsion.” (Abu Dawud and Ibn Majah). From these texts, we understand that coercion is generally prohibited and, in the case of contractual relationships, unless ordered by the state, invalid.
The actions of early pious Muslims support the invalidity of a forced divorce: During Umar’s (رضي الله عنه) era, an utilized a rope to ascend trees for honey collection. One day, high in a tree, his wife pulled down the rope, abandoning him, and gave him an ultimatum: divorce or fall. Fearing for his life, he reluctantly divorced her.
Upon presenting their case to Umar, the caliph ruled in favor of the man, contesting the legitimacy of the divorce. Umar’s reasoning lay in the principle that a divorce coerced through fear holds no validity.*
The principle of qiyas (analogical reasoning) supports the opinion that divorce under compulsion is invalid. If a person coerced under extreme circumstances can falsely claim disbelief while maintaining faith within, without facing consequences, then a divorce, being of lesser gravity, follows the same logic. This particularly applies when a man’s inner conviction contradicts the forced utterance. As a result, most scholars, excluding Imam Abu Hanifa, concur in dismissing a divorce that arises under duress. In his Mukhtasar, Imam Khalil states,
“The talaq (divorce) is invalid if he is coerced.”
In closing, a coerced divorce is not considered valid. Thus, their marriage remains intact.
Allah knows best,
Suhaib Webb
* You probably wonder, “Why stay with a woman who wants to kill you?” I have no answer. I will say that in years of serving people I have wittnessed weirder things. You may also ask, “Could she not get a khula?” The answer is yes, but as the axiom sates, “Ajudicated decisions must go through an adjudicated process.” Umar was not a sloppy judge.
