Is a person who does not perform Salah (Prayer) excused if he does not know that the punishment of a person who abandons Salah is major Kufr (disbelief) that takes one out of the fold of Islam? Am I to blame when I keep the ties of kinship or have meals with a person who does not offer Salah? What is the ruling on a person who insists that a person who abandons Salah or does deeds that entail Shirk (associating others with Allah in His Divinity or worship) such as slaughtering, vowing or seeking help from anyone other than Allah is not Kafir? He claims that such deeds are Shirk, but it is not permissible to regard their doer as a Kafir.
T.R of Egypt and lives in Al-Kharj
Answer:
The ruling on a Mukallaf (person meeting the conditions to be held legally accountable for their actions) who gives up Salah is that he is a Kafir, according to the soundest opinions of scholars, even if he does not think so, for rulings are to be judged according to the Shari`ah evidences not the belief of the one being judged.
Likewise, he who commits something that entails Kufr such as scorning the religion, slaughtering, vowing for people other than Allah, or beseeching the dead for help and victory over enemies or for the cure of the diseased from the dead is considered Kafir. Allah (may He be Glorified and Exalted) says:Surah At-Tawbah, 9: 65 Say: “Was it at Allâh (Exalted and Sublime), and His Ayât (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger (peace be upon him) that you were mocking?” Surah At-Tawbah, 9: 66 Make no excuse; you have disbelieved after you had believed. Allah (may He be Glorified) also says:Surah Al-An`am, 6: 162 Say (O Muhammad, peace be upon him): “Verily, my Salât (prayer), my sacrifice, my living, and my dying are for Allâh, the Lord of the ‘Alamîn (mankind, jinn and all that exists). Surah Al-An`am, 6: 163 He has no partner. And of this I have been commanded, and I am the first of the Muslims.
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Allah (may He be Glorified) also says:Surah Al-Kawthar, 108: 1 Verily, We have granted you (O Muhammad, peace be upon him) Al-Kauthar (a river in Paradise). Surah Al-Kawthar, 108: 2Therefore, turn in prayer to your Lord and sacrifice (to Him only). Allah (may He be Glorified) also says:Surah Al-Mu'minun, 23: 117 And whoever invokes (or worships), besides Allâh, any other ilâh (god), of whom he has no proof; then his reckoning is only with his Lord. Surely! Al-Kâfirûn (the disbelievers in Allâh and in the Oneness of Allâh, polytheists, pagans, idolaters) will not be successful. It is well-known that he who supplicates, seeks the help of, vows or slaughters for the sake of the dead takes them as gods instead of Allah even if he does not call them gods.
In Surah (Qur'anic chapter) Fatir, Allah (may He be Glorified and Exalted) says:Surah Fatir, 35: 13 Such is Allâh, your Lord; His is the kingdom. And those, whom you invoke or call upon instead of Him, own not even a Qitmîr (the thin membrane over the date-stone). Surah Fatir, 35: 14 If you invoke (or call upon) them, they hear not your call; and if (in case) they were to hear, they could not grant it (your request) to you. And on the Day of Resurrection, they will disown your worshipping them. And none can inform you (O Muhammad, peace be upon him) like Him Who is the Well-Acquainted (with everything).
Allah regards their invocations Shirk. There are so many Ayahs (Qur'anic verses) to the same effect.
It is authentically reported that the Messenger of Allah (peace be upon him) said: (Nothing stands) between a man and kufr and shirk except Salah: [whoever neglects it becomes a Kafir and a Mushrik (one who associates others with Allah in His Divinity or worship)] (Related by Muslim in his Sahih (authentic) Book of Hadith on the authority of Jabir ibn `Abdullah (may Allah be pleased with them). The Prophet (peace be upon him) also said: “The covenant that stands between us and them is Salah; whoever gives it up is a Kafir.” [Related by Al-Imam Ahmad and Ahl-ul-Sunan (authors of Hadith compilations classified by jurisprudential themes) through Sahih Sanad (chain of narrators)on the authority of Buraydah ibn Al-Husayb (may Allah be pleased with him)]. There are so many evidences to the same effect in
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the Book and Sunnah (whatever is reported from the Prophet). He who does not regard the Kafir whose Kufr is confirmed as Kafir is also a Kafir like him, such as the one who does not regard the Jews , Christians , Communists or the like whose Kufr is undisputable as Kafir.
A Muslim should not befriend a person who abandons Salah or commits any act of Shirk and should not accept his invitation or invite him to his home. Rather, one should forsake such a person, along with advising and calling him to repent to Allah (may He be Glorified) unless the Shari`ah interest necessitates not to forsake him, in order to continuously call him to repent, hoping that he may respond to Al-Haqq (Truth) and quit falsehood, but without befriending him. The Prophet (peace be upon him) forsook `Abdullah ibn Ubay, the chief of hypocrites for the public interest and forsook the three people who retreated from the battle of Tabuk with no excuse.
The people in charge, scholars and Du`ahs (callers to Islam) should consider what the Shari`ah rules necessitate in such matters besides the public interest of all Muslims. May Allah grant us success!