Fatwa ID: 07450
Answered by Alimah Shireen Mangera-Badat
Question:
I went for Umrah but made mistakes and left to go back home causing me to still be in the state of Ihram. I then said a statement of kufr so that I could come out of the state of Ihram.
Right after that, I said the shahadah. I really regret doing this.
How can this be fixed, does saying the shahadah by myself make me a Muslim? How can I repent from this? Am I still in the state of ihram?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Your situation involves multiple issues: the state of Ihram, the utterance of a statement of disbelief (kufr), your re-entry into Islam through the Shahadah, and the possibility of being in a state of ihram.
- Breaking the Ihram by Kufr
First and foremost, making a statement of kufr does not release you from the state of Ihram. The act of entering Ihram is related to the pilgrimage, and breaking it must follow specific Islamic rules. Saying something that is disbelief (kufr does not affect your state of ihram in the way that you might think.
Thus, kufr or apostasy does not invalidate or remove you from the state of Ihram. Therefore, after making the statement of kufr, you would still be in ihram unless you complete the rituals of Umrah or offer the necessary expiations if rituals were missed.
- The Statement of Kufr and Returning to Islam:
You mentioned that you made a statement of Kufr and then immediately recited the Shahadah. In Hanafi Fiqh, if a person utters words of disbelief but immediately repents and recites the Shahadah, they are considered to have re-entered Islam. This is sufficient to bring you back into Islam as you don’t seem to have wanted to be out of the fold of Islam with your immediate retraction and regret.
Thus, your recitation of the Shahadah after realising your mistake brings you back into the fold of Islam. This means you are now considered a Muslim once again.
- Repentance (Tawbah) for Apostasy:
Repentance from kufr is essential, and in addition to saying the Shahadah you must also perform sincere tawbah (repentance) from the act of kufr. Repentance involves:
– Sincerely regretting the action.
– Making a firm intention never to return to such behaviour again.
– Seeking forgiveness from Allah.
Allah says in Surah Zumar: 53- “Indeed, Allah forgives all sins.” (Qur’an 39:53)
- State of Ihram:
Since kufr does not invalidate ihram, you remain in a state of ihram until the required rituals of umrah are completed. If you made mistakes during Umrah or failed to perform certain acts, you may need to offer an expiation (dam), which usually involves sacrificing an animal.
Further guidance: –
1. Reaffirm your Islam: Your recitation of the Shahadah was sufficient to bring you back into Islam. You are now a Muslim again.
2. Sincere repentance: Perform tawbah for the act of kufr by sincerely regretting your actions, asking Allah for forgiveness, and resolving not to commit such an act again.
3. Complete the Umrah rituals: Since the Kufr statement did not break your ihram, you are still in the state of ihram. -But because you have crossed the boundaries of meeqat, you will have to give a Damm.
You are not released from ihram by saying a statement of kufr. After making the statement of kufr, your immediate recitation of the Shahadah brought you back to Islam, and you must now offer sincere tawbah for the act. Furthermore, you are still in a state of ihram, and you need to either complete the Umrah rituals or give the Damm.
٩٤٢٣ – احتجوا: بأنه جاوز الميقات مريدًأ للنسك، وأحرم جونه من سنته/ ومضى [فيه] قبل رجوعه إلى الميقات فلزمه الدم، قياسًا على المسلم.
ص2024 – كتاب التجريد للقدوري – مسألة حكم مجاوزة النصراني للميقات ثم أسلم – المكتبة الشاملة
Only Allah knows best.
Written by Alimah Shireen Mangera-Badat
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
