The Fundamentals In Which Abu Ishaaq Al-Huwainy Has Differed With The People of The Sunnah (Part 1)
Shaikh Abu ‘Abdil A’ala Khaalid ‘Uthmaan Al Misree
The following is a compilation of major violations in which Al-Huwainy has diverged from the fundamentals of The Sunnah and has agreed with the Khawarij, the followers of Sayid Qutb, and the followers of As-Suroor.
Firstly, his takfeer (apostatizing) of the person who persistently sins: Al-Huwainy was asked in his lecture (“The Conditions of Righteous Deeds, Part 2”):
“Some say that a person who persistently sins becomes an apostate as a result of his habitual sinning, and that his repentance is a condition to his return to Islam; is this true?”
Al-Huwainy Replied: “As for the habitual sinner that knows that he is habitually falling into sin, then that person is an apostate because he is “mustahil.” [1]
Al-Huwainy Continues: “Such a person's apostasy (kufr) is apparent! It is like the person who says:
“I know that usury (ribaa) is prohibited, but, I fall into earning from it; or, the person who says that I know that adultery is prohibited, but, I fall into it. In such cases, the sinner has clearly taken the sin to be permissible (halaal). Such a sinner's actions dictate and affirm his apostasy and beliefs. There's no doubt that such a person is an apostate (kafir). The sin of someone who only sins rarely doesn't apostatize a person, and he is to be considered a Muslim, even if he has sinned. In terms of the person who habitually then thereby making halaal that which Allah has prohibited, then he must re-enter Islam by re-proclaiming his shaahada, making ghusl, and re-entering Islam after abandoning his sin, and Allah knows best.”
I say (Shaikh Khalid ibn 'Uthmaan) (hafithahullah) :
It's like this that Al-Huwainee has manifested a parallel between the habitual sinner, and the person who has changed the belief system in Islam by believing that which Allah has made haraam to be halaal. Likewise, this (Al-Huwainee's flawed perceptive) has never been reported by any of the salaf; rather, this is known to be the methodology of the Khawarij.
Ibn Hazm (rahimahu Allah) has brought in his reports about the Kharajite factions, that the (Kharajite ) faction of Ibn 'Aamir used to say:“Whosoever lies, or sins any major or minor sin, and persists on it, and habitually falls into it, then he is a kafir and mushrik.”
Shaikh 'Uthaimeen (rahimahu Allah) was asked about this; he was asked: What is the exact description of the type of “istihlaal” that apostatizes a Muslim?
Shaikh 'Uthaimeen replied: Istihlaal is the belief in the permissibility of that which Allah has prohibited. “As for istihlaal through actions, then it depends on whether or not it's the type of istihlaal that apostatizes a Muslim; if it is, then the person is a kafir and an apostate: If for example someone was to habitually deal with usury without believing that his sin in dealing with usury is halaal, then such a person does not apostatize; because, he doesn't believe that usury is halaal; however, if he were to say that usury was halaal, and by that, he intended the usury which Allah has prohibited, then he has apostatized, because he has belied Allah (Subhanuh wa Ta'aala)and His messenger (Sallah Allahu 'alaihe wa Salaam) in its prohibition. Istihlaal would in this case therefore be both in action and belief with the heart. The istihlaal in action is weighed by the actual action; hence, we must ask: are the actions associated with the sin actions that expel the person from Islam? It's known that usury does not exit the person from Islam, despite the fact that it is from the kabaa'ir (most major sins). If, however, the person was to prostrate (make sujood) to an idol, then that action would exit a person from Islam. Why? Because the action is an action of kufr; that is from that which is apparent; however, there's no doubt that there's another condition (to his kufr): that the person is not yielded exemption due to his ignorance – if the person is yielded exemption due to his ignorance of the matter, then he has not apostatized. For example if a person who is new to Islam doesn't know that alcohol is haraam; even if such a person were to say that alcohol is halaal, it still doesn't exit him from Islam, because, such a person is ignorant and yielded exemption due to his ignorance, until he learns. If then after he learns, he persists on his belief that alcohol is halal, it's then that he apostatizes.”Shaikh Khalid ibn 'Uthmaan: Shaikh Ibn'Uthaimeen (hafithahullah)has with this clarified that just because a person habitually deals with usury, it doesn't mean that he believes it to be halaal.
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[1] Translator's note: According to the consensus of the scholars, the correct definition of a person who is 'mustahil' is someone who believes and/or vocalizes his contradictory beliefs regarding Allah's prohibition/s, thereby, making halaal that which Allah has made haraam.
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