تَنْقِيحُ مَناط الحكم بكُفْر تاركِ الصلاة

Abstract

The researcher studied the disagreement between Salaf and Khalaf about the relevant ruling regarding those who abandon prayers out of laziness. He studies the opinions along with it's evidence discussing the applicability of mentioned evidence. He then carefully discusses applicability of kufr ruling in the situation using rules of usool fiqh, following the usual methodology by reconciling conflicting evidence where possible or favouring one over the other. He concludes by favouring the opinion of Jamhoor ruling against kufr of prayer abandoners, backing the opinion with six general shariah principles. He also notes that it is impermissible to rule anyone as a kafir merely for abandoning their prayers, citing the math-hab of Imam Malik, which stipulates that in order to rule kufr on someone and consequently allow killing him, he must have been bidden to pray by his Imam (ruler) or the Imam's deputy and threatened if he refuses compliance, which is not realistically possible in these times. He also shows the gravity of issuing such shallow minded fatwas by proclaiming kufr to those who abandon prayers, and at the same time stressing the serious nature of the offence and it's Ithm (punishment) .