Khuturat al-Takfir wa ma yatarattab alayhi min Ahkam

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Ministry of Islamic Affairs, Endowments, Da'wah and Guidance - Kingdom of Saudi Arabia

Khuturat al-Takfir wa ma yatarattab alayhi min Ahkam (The Gravity of Takfir and Its Entailed Legal Rulings) is a contemporary Islamic legal tract published as the fourth installment in the series Fatawa fi Fiqh al-Jihad wal-Siyasah al-Shar'iyyah ("Fatwas on the Jurisprudence of Jihad and Sharia Governance") . It compiles an official resolution issued by the Council of Senior Scholars of Saudi Arabia under the chairmanship of Abd al-Aziz ibn Baz, alongside an individual legal response by Ibn Baz addressing a bombing incident in Riyadh .

Context and Scope

The resolution was formulated during the forty-ninth session of the Council of Senior Scholars, convened in Ta'if beginning in Rabi' al-Thani 1419 AH (July 1998 CE) . The assembly convened to address the spread of extremist excommunication (takfir), bombings, bloodshed, and the destruction of public and private installations across Muslim and non-Muslim regions . The text of the council's declaration was originally documented in Majallat al-Buhuth al-Islamiyyah (Issue 56), and the accompanying fatwa was drawn from the ninth volume of Ibn Baz's Majmu' Fatawa wa Maqalat .

Contents

The tract is organized into two primary components: the three-part declaration of the Council of Senior Scholars, followed by Ibn Baz's fatwa on the Riyadh attack .

Declaration of the Council of Senior Scholars

The council's statement is structured into three main sections:

  1. The Legal Framework of Takfir: The council establishes that pronouncing takfir is an exclusive legal right belonging solely to God and His Messenger, emphasizing that not every act or statement designated as disbelief constitutes major disbelief (kufr akbar) that expels one from the religion . Takfir cannot be based on conjecture or doubt, and just as prescribed legal punishments (hudud) are averted by doubts, takfir is even more deserving of being averted . The declaration notes that specific pronouncements of takfir require the fulfillment of strict conditions and the absence of impediments, such as coercion or accidental utterings without deliberate intent (adam al-qasd) . It highlights the grave legal ramifications of hasty takfir—including the nullification of marriages, loss of inheritance, and the unlawful shedding of blood . Applying this to rulers, the statement cites the prophetic narration prohibiting rebellion unless one witnesses clear, undeniable disbelief ( إلا أن تروا كفرًا بواحًا عندكم فيه من الله برهان ; "Unless you see open disbelief for which you have clear proof from God"), arguing that widespread injustice, tyranny, or sin do not justify insurrection or armed conflict .

  2. Prohibition of Violence and Destruction: The second section affirms the scholarly consensus (ijma') on the strict prohibition of acts resulting from deviant excommunication, including extrajudicial killings, violating personal inviolability, looting property, bombing dwellings and vehicles, and sabotaging public facilities . It substantiates this with the Prophet's sermon during the Farewell Pilgrimage regarding the sanctity of Muslim blood, honor, and wealth, as well as scriptural prohibitions against killing protected non-Muslims (mu'ahid) .

  3. Disavowal of Ideological Deviation: The council declares that Islam is completely innocent of these extremist beliefs and violent actions, categorizing them as the criminal output of deviant ideology (fikr munharif) and misguided doctrine . It calls upon Muslims to adhere to mutual counsel, cooperation in righteousness, and enjoining good and forbidding wrong with wisdom .

Fatwa on the Riyadh Bombing

The concluding part features a fatwa by Abd al-Aziz ibn Baz denouncing a bombing in Riyadh as a major transgression and an act of corruption on earth (fasad fi al-ard) . Ibn Baz characterizes the perpetrators as driven by malice and corruption, invoking the Quranic ruling on brigandage (hirabah) under إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا ("Indeed, the penalty for those who wage war against God and His Messenger and strive upon earth [to cause] corruption...") (Surah al-Ma'idah: 33) . He concludes by urging anyone with knowledge of the perpetrators to report them to state authorities as a religious duty of cooperation in preventing sin and aggression .

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