FROM MR AAMIR MUGHAL
http://chagataikhan.blogspot.com/
Takfiris and Apostasy by Sheikh Nasiruddin Albani
Administering Justice and awarding punishment is the responsibility of the Ruler/State [even in the harshest Islamic State] not of the Masses or Mullahs. A detail view is as under for kind perusal. I guarantee you that those (Non-State Actors) commit murder in the name of Blasphemy Law are also the most ignorant about Islam, Quran and Shariah. "Killing" is the Right of "Judiciary" - Qazi, means Enforcement of Law and Administering "Punishment" is the Responsibility of State not the "Masses" and what Muslims in Pakistanis do is this "they violate very religion they claim to follow" - lets assume that Blasphemy Law is right and Guilty is to be punished through Death Sentence then that "sentence" would be implemented by the State not the "Public".It is not permissible for individuals to carry out this punishment themselves. Rather the matter must be referred to the ruler or his deputy to prove the crime and carry out the punishment, because if individuals carry out hadd punishments, that will lead to a great deal of corruption and evil. Ibn Muflih al-Hanbali (may Allaah have mercy on him) said in al-Furoo' (6/53): It is haraam for anyone to carry out a hadd punishment except the ruler or his deputy. This is something on which the fuqaha' of Islam are unanimously agreed, as was stated in al-Mawsoo'ah al-Fiqhiyyah (5/280): The fuqaha' are unanimously agreed that the one who should carry out hadd punishments is the ruler or his deputy, whether the punishment is transgressing one of the limits of Allaah, may He be exalted, such as zina, or a transgression against another person, such as slander. {Further References: Durrul Al Behy by Shawkani, Baloogh Al Maram by Hajar Asqalani - both are in Arabic and available in English and Urdu as well]
The judgement of apostasy and expelling someone from the religion is only appropriate for the people of knowledge who are firmly grounded in knowledge, and they are the judges in the various Sharee'ah law courts, and those who are able of giving legal verdicts. And this is just like the other matters, and it is not the right of every person, or from the right of those who are learning, or those who ascribe themselves to knowledge, but who have deficiency in understanding. It is not appropriate for them to make judgements of apostasy (upon others). Since, mischief will arise from this, and sometimes a Muslim might be judged as an apostate but he is not actually so. And the takfir of a Muslim who has not committed one of the nullifications of Islaam contains great danger. Whoever says to his brother "O Kaafir" or "O Faasiq", and he is not like that, then the words will fall back upon the one who said them. Hence, the ones who actually judge with apostasy are the legislative judges and those who are able and fit for giving legal verdicts. And as for those who enforce the judgements they are the leaders of the Muslims (wullaat al-amr). As for whatever is other than this, then it is mere confusion." "Meting out the punishments is only appropriate for the leader of the Muslims and it is not for every person to establish the punishment, since confusion, and corruption necessarily follows from this, and also the cutting off of the society, tribulations and provocations occur. Establishing the punishments is appropriate (i.e. befits only) to the Muslim leader. The Prophet (sallallaahu alaihi wasallam) said, "Pardon each other for the punishments that are between you, but when the execution of the punishment reaches the [authority of the] Sultaan, then Allaah curses both the one who seeks intercession and the one who grants the intercession [i.e. to revoke the punishment]". And from the responsibilities of the Sultaan in Islaam, and from those matters that befit him is the establishment of the punishments after they have been established legislatively, via the Sharee'ah law courts, upon the one who fell into the crime for which the legislator has designated a specific punishment, such as for stealing. So what has been said is that establishing the punishments (i.e. meting them out) is from the rights of the Sultaan, and when the Muslims do not have a Sultaan amongst them, then they should just suffice with commanding the good and forbidding the evil, and calling to Allaah, the Might and Majestic, with wisdom, good admonition and arguing with that which is best. And it is not permissible for individuals (in the society) to establish the hudood, since that, as we have mentioned, will bring about chaos, and also provocations, and tribulations will arise, and this contains greater corruption than it contains rectification. And from amongst the Sharee'ah principles that are submitted to is, "Repelling the harmful things takes precedence over bringing about the beneficial things".
Determining whether someone is a kaafir or a faasiq (faasiq) is not up to us, rather it is up to Allaah, may He be exalted, and His Messenger (peace and blessings of Allaah be upon him). This is one of the rulings of sharee'ah that is to be referred to the Qur'aan and Sunnah, so we should be very careful and base our judgement on clear proof. No one may be judged to be a kaafir or faasiq except the one whom the Qur'aan and Sunnah indicate is a kaafir or faasiq. The basic principle is that the one who appears outwardly to be a Muslim of good character is regarded as still being a Muslim of good character, until it is proven that this is no longer the case by means of evidence that is acceptable in sharee'ah. It is not permissible to take lightly the matter of judging someone to be a kaafir or faasiq, because that involves two very serious matters:
-- http://chagataikhan.blogspot.com/
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