Fatwa ID: 08750
Answered by: Alimah Khadija Tarwala
Question:
I want to ask a question about Kufr. If all this time a person did not know if tawbah(repentance) is fard or not. Now he understood that it is fard.
My questions are as follows : Was he kafir before accepting that tawbah is fard?. Secondly, was he kafir if he thought that tawbah is not fard?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
- If the person was unaware of the obligation of tawbah (repentance) due to ignorance and did not intentionally reject it, they were not a kafir (disbeliever). Ignorance does not automatically result in kufr unless there is a conscious rejection of an essential obligation of faith. Since the person was unaware and did not deliberately reject tawbah, they were not a kafir before understanding that it is fardh (compulsory).
2. If the person thought tawbah was not fardh due to ignorance, they were still not a kafir. However, if they rejected the obligation of tawbah after being informed, this would result in kufr. Rejection of the obligation of tawbah after learning that it is fardh is a form of disbelief.
References:
التوبةَ عَنِ المعاصي، وإرضاءَ الخُصومِ فرضٌ لازمٌ، وَعامَّةُ العبادةِ التي يَقصِدُها بمنزلةِ نَفلٍ مِنهُ لم يُقبَل مِنهُ تَبرُّعُه كتاب الجواهر من فقه الحنفية سعد غدبوش ص: 608
وَمَنْ لَا يَرْضَى بِالْإِيمَانِ فَهُوَ كَافِرٌ كتاب الفتاوى الهندية محمد أورنك عالم كير ج2 : ص:257
وَمَنْ يَرْضَى بِكُفْرِ نَفْسِهِ فَقَدْ كَفَرَ كتاب الفتاوى الهندية محمد أورنك عالم كير ج2 : ص: 257
Only Allah knows best
Written by Alimah Khadija Tarwala
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham