Whoever Makes Lawful That Which In Fact Is unlawful

Question :

Here in Turkey, some brothers disagree regarding the Hadith, "When a person makes lawful that which in fact is unlawful or makes unlawful that which in fact is Lawful, then he has indeed disbelieved." Is a person who makes lawful that which in fact is unlawful (or the opposite) a disbeliever or merely a sinner? The word used in this Hadith is "Kufr" (disbelief); isn't there a difference between "Kufr" and "Kafir" (disbeliever)?

Answer:

First, we know of no basis for this Hadith and from what. we know, no Imam has mentioned this Hadith, neither with an authentic chain nor with a weak chain, so it is of no use. with that being the case.

Second, if a Muslim goes against an established ruling that is based on an authentic and clear proof from the Qur'an or the Sunnah, and if that proof allows for no margin of interpretation, or if that Muslim's view is contrary to an established consensus, then he should be told the correct Islamic ruling. If he accepts, all praise is due to Allâh, and if he, after the issue is clearly explained to him, persists in his error, persists in changing Allah's ruling, then it is ruled that he has disbelieved, and he would be considered an apostate from the religion of Islam.

An example of this is a person who denies the legislation of the five daily prayers or even of one of them, or the obligation to fast, or of Zakah or Hajj, and he does this by some false interpretation of the evidence presented to him that is contrary to this belief from the texts of the Book and the Sunnah, and he has no regard for the consensus of the Imams.

When he differs with a ruling that is supported with evidence where there is a difference of opinion over the validity of, or it allows for some interpretation leading to different meanings or contradictory rulings, then such difference is a difference in Ijtihad. In this case he has not committed disbelief, but has an excuse for that mistake and may be rewarded for his Ijtihad. If he has arrived at the truth he is rewarded twice, once for struggling to reach the truth, and once for being correct.

For example, a person denies that it is obligatory upon the follower (during congregational prayer) to recite Surat Al- Fatihah, and another person says that it is obligatory; or one who disagrees with the ruling of the family of the deceased preparing food for the people, he says that it is recommended. Or, he says that it is allowed, or, that it is disliked but not unlawful.

In such examples, it is not allowed to consider him a disbeliever, or to disdain prayer behind him, nor prevent marriage with him, nor to consider it unlawful to eat from an animal he slaughters. Rather, it is obligatory to give him advice, and to remind him about these matters in the light of the Shari'ah evidences. This is because he is a brother Muslim having the rights of a Muslim. Differences in such issues are differences in non-fundamental matters through Ijtihad, similar such things occurred during the times of the Companions, may Allah be pleased with them, and the Imams of the Salaf. But they did not consider each other disbelievers, nor shun each other.

May Allah send peace and blessings upon Muhammad, his family, and his Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 7 Pages 208-209-210