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The issue of who can make takfir of a specific individual is one that
needs clarification however the takfires never clarify the issue, this
helps them distort the issue of can make takfir so they can justify
their own position.
The people who takfir can be made of are different and therefore
those who have the right to make takfir of each type of people are
different. Those who can make takfir of a person/the people who
takfir can be made of, has different categories. So some people only
the scholars can make takfir of and some people every Muslim can
and has to make takfir of as it is obligatory upon every Muslim to
make takfir of these people.
So in the Quran and Sunnah this type of person has not been made
takfir of unlike the individual who belongs to the other two categories.
The reason for this is that they outwardly appear to be Muslim and
claim to hold Islamic beliefs. Therefore this type of person can only be
made takfir of on an individual basis when the proof is established
against him, the conditions for takfir al-muayyin (takfir of a
particular individual) are fulfilled and the impediments (preventative
factors of making takfir al-muayyin (takfir of a particular individual))
are negated.
1: Establishment of the proof (from Quran, Sunnah and Ijmah (of the
sahaba or the scholars)
Qadi Iyad said, “We (all the Muslims) regard as a kaafir everyone
who follows a religion other than the religion of the Muslims
(including an individual with no religion i.e. an Atheist (those who do
not believe in Allah) or an Agnostic (those who believe in Allah but
reject all religions including Islam))…” Al-Shifaa’ bi Ta’reef Huqooq
al-Mustafaa, 2/1071
The takfires think because they can make and Allah has made it
obligatory to make takfir of those with no religion and those who
follow other faiths that it must also by obligatory upon them and
everyone to also make takfir of Muslims who do an act or hold a
belief of kufr.
But this is not the case for one simple reason. The individual with
no religion and the individual who follows another faith rejects and
denies the five pillars of Islam and the six pillars of emaan and they
state they are not Muslim so to make takfir of such a person is
obligatory on all Muslims (scholar or other than a scholar) because
it requires hardly any knowledge of Islam what so ever. Even a new
Muslim automatically understands that those who are not Muslim
and reject and deny the five pillars of Islam and the six pillars of
emaan are kuffaar.
In conclusion all Muslim can and must make takfir of the kuffaar
however only the scholars can make takfir of Muslims due to;