Dr. Abdel Halim Mansour to the Reference: “Excommunicating rulers deemed mislead fatwas”

Salafi preacher Mostafa al-Adawy issued a fatwa on his personal Facebook page excommunicating Muslim rulers.

Since Al-Azhar institute is the authority in charge of issuing fatwas and responding to the aberrant ones, Al-Manara conducted this interview with vice dean of the Sharia and Law College Abdel Halim Mansour to clarify the legitimacy of this fatwa.

“This fatwa is misguided, and the media must refrain from publishing it, or any fatwas of the same nature,” Mansour said. “The state adheres to the Islamic law and facilitates the duties of Islam; there is no single proof that anything prohibited is being ordained,” he added.

He also referred to Al-Azhar’s strenuous efforts in encountering extremism and monitor fatwas, as it allocates significant funding and manpower for the elimination of extremist ideologies.

Moreover, he added that some preachers rely on wrong interpretations of some verses of the Quran, and that the media must call upon everyone to neglect such fatwas so that they would not affect the society negatively, by raising generations with extremist thoughts that have nothing to do with Islam.

Mansour also pointed out to Al-Azhar’s role in encountering extremist fatwas. He clarified that Al-Azhar Observatory is specialized with responding to any misleading or erroneous fatwas in various languages with the aim to encounter the extremist ideology that only promotes terrorism and atheism. He affirmed that Al-Azhar is deemed the top religious reference in the world.

Al-Azhar responded on Facebook to a fatwa that cites “And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers,” [Al-Maaidah - 5:44] as a proof to excommunicate all governments of Muslim countries. Sayyid Qutb, according to Mansour, was one of those who believed this interpretation.

Qutb and excommunication of rulers:

In his book, “In the shade of the Quran”, Qutb said, “Refusal of God’s law or the adoption of a different law in any small detail of human life is in effect a rejection of God’s Godhead, Lordship and authority. Submission and rejection can be made by word of mouth or by deed.” For the Sunna, on the other hand, there are two kinds of Kuft (disbelief) in Islam; the greater Kufr, which constitutes apostasy, and practical Kufr, which does not constitute apostasy.

Mansour referred to the following hadiths as examples:

"Two matters are signs of disbelief on the part of those who indulge in them: Defaming and speaking evil of a person's lineage, and wailing over the dead." [Muslim]

"Reviling a Muslim is Fusuq (disobedience of Allah) and killing him is disbelief." [Muslim]

 “After me (i.e. after my death), do not become disbelievers, by cutting the necks of one another.” [Bukhari]

He said Bukhari did mention that “`there is Kufr (disbelief) and Kufr less than Kufr, Zulm (oppression) and Zulm less than Zulm, Fisq (wickedness) and Fisq less than Fisq.”, confirming that the kind of disbelief in the Quran verse is not the kind that rejects someone from the religion.

It is worth mentioning that one of Adawy’s followers asked him during his weekly live “fatwa” broadcast on March 2, 2018 about “the destiny of rulers who do not rule by what Allah has revealed.”

Adawy clarified, as shown starting 24:36 to 46:25, that if they rejected god’s ruling, or said their ruling is equal to god’s ruling, so they are deemed non-Muslims, but if they admitted that god’s ruling is the best of all rulings but said they were oppressed and unable to execute it, their status would level down from disbelief to sin.

“I mean if a ruler said his ruling is better, or equal, than god, then he is deemed a non-Muslim, however, if he admitted that god’s ruling is the superior but he is forced or unable to adhere to it, then this can be kufr without kufr; but each has his own circumstances.

It is pertinent to point out that a number of preachers and fatwas that are related to the excommunication of the ruler are based on this verse. “And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers,” [Al-Maaidah - 5:44].

Quran scholar Abd Allah ibn Abbas interpreted the verse as rulers who do judge by what god has revealed and stipulated, while convinced that the ruling of Allah and his prophet is the truth, and admitting their mistake, are deemed sinners and not infidels; it would be a sin greater than other major sins, such as adultery, alcohol, thievery, and others.