دار التوحيد Dr'ul Tawhd

Author Topic: CONTINUENCE OF BENEFITING KUFR CONTAINED AGREEMENT STIPULATED IN THE PAST  (Read 942 times)

Julaybib

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The Continuation of Benefiting From an Agreement that Contains Kufr that One Had Signed When S/He Was Kafir

Bismillahirrahmanirrahim,

The concise response for the matter is as follows:

The individual must cancel all the agreements & contracts which contain Haraam and Kufr once s/he becomes Muslim. This matter is similar to the matter of Takhrif which was mentioned earlier.

It is because both of the matters have common grounds such as Aqd (contracts & agreements) which its validity will remain until both parties cancel it with consent.

If it is said: You had already mentioned that all the contracts & agreements which contain Kufr are invalid. So how is it that one would be responsible for something which is already invalid? We say:

Indeed it is correct that contracts & agreements which contain Kufr are invalid. However instead of canceling such Aqd that is Baatil (false) and invalid according to the Shariah the individual continues benefiting from it. Since s/he is responsible with canceling it. Rasulullah (sallallahu alayhi wa sallam) stated the following regarding the contracts & agreements which contain not Kufr but even lesser; Haraam or Baatil conditions in it:


مَا بَالُ أُنَاسٍ يَشْتَرِطُونَ شُرُوطًا لَيْسَتْ فِي كِتَابِ اللَّهِ مَنِ اشْتَرَطَ شَرْطًا لَيْسَ فِي كِتَابِ اللَّهِ فَلَيْسَ لَهُ وَإِنْ شَرَطَ مِائَةَ مَرَّةٍ شَرْطُ اللَّهِ أَحَقُّ وَأَوْثَقُ
"What has happened to the people that they lay down conditions which are not (found) in Kitaabullah (the Book of Allah i.e., Quran)? And he who laid down a condition not found in the Kitaabullah that is not valid even if it is laid down hundred times. The condition laid down by Allah is the weightiest and the most valid." (Muslim, Hadith no: 1504)

In this regards Ibn Hajar quoted the following from Imam Shafii (rahimahullah) while explaining the above-mentioned Hadith:

لَمَّا كَانَ مَنِ اشْتَرَطَ خِلَافَ مَا قَضَى اللَّهُ وَرَسُولُهُ عَاصِيًا وَكَانَتْ فِي الْمَعَاصِي حُدُودٌ وَآدَابٌ وَكَانَ مِنْ أَدَبِ الْعَاصِينَ أَنْ يُعَطِّلَ عَلَيْهِمْ شُرُوطَهُمْ لِيَرْتَدِعُوا عَنْ ذَلِكَ وَيَرْتَدِعَ بِهِ غَيْرُهُمْ كَانَ ذَلِكَ مِنْ أَيْسَرِ الْأَدَبِ

"Since the individual who stipulates a conditions which contradicts with the Qadha (judgment) of Allah Taala and His Rasul (sallallahu alayhi wa sallam) is Asi (disobedient) and again since such Masiyah (sin) necessitates whether Hadd (punishment) or Adab (i.e., Tazir; discretionary crime) for the doer; one of the way of Adab against the Asi is to cancel their such (Baatil) condition. With this they and others to be deterred doing so. And this is the easiest way of Adab." (Ibn Hajar, Fathul Bari, 5/191)

As it is clearly seen, it is not Jaiz (permissible) to keep the Aqd that contains Baatil conditions continuing, moreover if thats the case then the doer is a sinner. Rasulullah (sallallahu alayhi wa sallam) cursed the one who consumes Riba (interest) and the one who pays it, the one who writes it down and the two who witness it, and declared that they are all the same.1

Even if the individual who signs a contract does not have the Niyyah (intention) to pay or receive any amount of Riba (interest), it still falls under the same prohibition which indicates the doer to be cursed. Whereas even though this is the situation people still sign contracts & agreements such as credit cards etc., with the excuse that they will pay the payments during the grace period and they will never be late so that they will not become obliged to pay Riba. Even if contracts & agreements as such do not contain any Kufr condition which is rare/odd, terms regarding Riba are stipulated in them clearly. Since this is not the place to deal with it we will return to the topic. Hence it is not Jaiz to continue any contracts & agreements that has even a single Haraam condition in it, it is absolutely not Jaiz to continue any contracts & agreements that contains Kufr in it moreover it is showing consent to Kufr which leads to a grave punishment. The reason is when the one who continues any contracts & agreements that contains a condition which states that so and so Taghout, so and so court of the Taghout is appointed as an arbitrator, surely he is condoning it as valid without being in the state of Ikrah (coercion) which is evident Kufr.

If objections are raised by bringing some of the Nass (textual proofs) such as the Hadith "Islam wipes out all the previous (misdeeds)."2 We say: It is correct that Islam wipes out all the previous misdeeds that are committed during Jaahiliyyah (the state of ignorance; before embracing Islam) with the condition that one never turns back to it (i.e., benefiting). Regarding the matter Muslim narrated the following from Abdullah ibn Mas'ud (radiyallahu anh):


قَالَ أُنَاسٌ لِرَسُولِ اللَّهِ صلى الله عليه وسلم يَا رَسُولَ اللَّهِ أَنُؤَاخَذُ بِمَا عَمِلْنَا فِي الْجَاهِلِيَّةِ قَالَ:‏ أَمَّا مَنْ أَحْسَنَ مِنْكُمْ فِي الإِسْلاَمِ فَلاَ يُؤَاخَذُ بِهَا وَمَنْ أَسَاءَ أُخِذَ بِعَمَلِهِ فِي الْجَاهِلِيَّةِ وَالإِسْلاَمِ
"Some people said to the Rasulullah (sallallahu alayhi wa sallam): O Rasulullah, would we be held responsible for our deeds committed in Jaahiliyyah? Upon his he (sallallahu alayhi wa sallam) remarked: He who amongst you performed good deeds in Islam, He would not be held responsible for them (misdeeds which he committed in ignorance) and he who committed evil (even after embracing Islam) would be held responsible or his misdeeds that he committed in the state of ignorance as well as in that of Islam." (Muslim, Hadith no: 120)

One who continues benefiting from a contract which contains Kufr that was stipulated during Jaahiliyyah does not use the option that Allah gave him so that his misdeeds are wiped out merely by abandoning it. Even worse s/he continues his/her misdeed that was started during Jaahiliyyah as a Kafir and still continues during Islam which leads him/her to be responsible for continuing his/her Kufr/sin during Islam. Instead of continuing it s/he shall cancel every Baatil contract that comes from the past so that s/he would be saved from every misdeed and the sin. With this state of his/her still showing consent to the Kufr/Haraam Baatil conditions since the agreement is still valid on paper.

Therefore the one who becomes Muslim shall immediately cancel every contract that contains Baatil conditions such as Kufr and Haraam. Otherwise s/he will be taken account as responsible for the Baatil conditions that were stipulated in the past such as Kufr and Haraam. It is a well-known principle that "Showing consent to Haraam is Haraam, showing consent to Kufr is Kufr."3

However if it was the case that even though one uses all the means to cancel a contract containing a Baatil condition, but is unable to do so then s/he will not be taken account as responsible for it. Since Allah Taala stated:


لاَ يُكَلِّفُ اللّهُ نَفْساً إِلاَّ وُسْعَهَا
"On no soul doth Allah place a burden greater than it can bear." (al-Baqarah 2/286)

The person who becomes Muslim shall have the Niyyah and use all the means to cancel any contract & agreements that contains Baatil condition in it. Any Aqd that stipulated in the past during the Jaahiliyyah will not be an obstacle for one to be Muslim with the condition that one has the Niyyah and put all the effort in order to cancel it. For the one who does not care about it and also for the one who has the Niyyah and ability to cancel such contract; will be taken as accounted for it and we seek refuge Allah from it. Wallahu Alam (and Allah knows)!..

Footnotes:

Quote
1- It was narrated from Jaabir (radiyallahu anh) that he stated:

لَعَنَ رَسُولُ اللَّهِ صلى الله عليه وسلم آكِلَ الرِّبَا وَمُوكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ وَقَالَ هُمْ سَوَاءٌ
"Rasulullah (sallallahu alayhi wa sallam) cursed the acceptor of interest and its payer, and one who records it, and the two witnesses, and he (sallallahu alayhi wa sallam) said: They are all equal." (Muslim, Hadith no: 1598)

2- It was narrated from Amr ibn As (radiyallahu anh) that he stated the following on his death bed (this is related part of a long Hadith):

فَلَمَّا جَعَلَ اللَّهُ الإِسْلاَمَ فِي قَلْبِي أَتَيْتُ النَّبِيَّ صلى الله عليه وسلم فَقُلْتُ ابْسُطْ يَمِينَكَ فَلأُبَايِعْكَ.‏ فَبَسَطَ يَمِينَهُ -قَالَ- فَقَبَضْتُ يَدِي. قَالَ:‏ مَا لَكَ يَا عَمْرُو.‏ قَالَ قُلْتُ أَرَدْتُ أَنْ أَشْتَرِطَ.‏ قَالَ:‏ تَشْتَرِطُ بِمَاذَا‏.‏ قُلْتُ أَنْ يُغْفَرَ لِي‏.‏ قَالَ:‏ أَمَا عَلِمْتَ أَنَّ الإِسْلاَمَ يَهْدِمُ مَا كَانَ قَبْلَهُ وَأَنَّ الْهِجْرَةَ تَهْدِمُ مَا كَانَ قَبْلَهَا وَأَنَّ الْحَجَّ يَهْدِمُ مَا كَانَ قَبْلَهُ
"When Allah instilled the love of Islam in my heart, I came to the Nabi (sallallahu alayhi wa sallam) and said: Stretch out your right hand so that may pledge my allegiance to you. He stretched out his right hand, I withdrew my hand, He (sallallahu alayhi wa sallam) said: What has happened to you, O Amr? Then I replied: I intend to lay down some condition. He (sallallahu alayhi wa sallam) asked: What condition do you intend to put forward? I said: should be granted pardon. He (sallallahu alayhi wa sallam) observed: Are you not aware of the fact that Islam wipes out all the previous (misdeeds)? Verily migration wipes out all the previous (misdeeds), and verily the pilgrimage wipes out all the (previous) misdeeds." (Muslim, Hadith no: 121)

3- For a detailed view for the matter of question namely the principle: "Showing consent to Haraam is Haraam, showing consent to Kufr is Kufr." you may refer back to the Tafsir of the Ayah an-Nisa 4/140 from the esteemed books of Tafsir such as Qurtubi, Ibn Kathir and Tabari.
قولوا "لا إله إلا الله" تفلحوا

"Say, La Ilaha Illallh (there is no -true- deity -worthy of worship- except Allh) so that you are successful."

 

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