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A--- This includes all deeds of disobedience the Legislator called "Kufr" disbelief, though the doer is still regarded as Muslim. This is such as the saying of Prophet Muhammad (Peace be upon him) that reads: "Do not return to disbelief after me (my death) by striking the necks of one another." (Bukhari and Muslim)
His (Peace be upon him) saying, "Abusing a Muslim is an outrage and fighting against him is disbelief " (Bukhari and Muslim)
Thus, the Prophet (Peace be upon him) called the fighting of Muslims one against the other "Disbelief" and the doers of this as "Disbelievers", while the Glorious Qur'an says: {And if two parties or groups among the believers fall to fighting, then make peace between them both.
But if one of them outrages against the other, then fight you (all)
against the one that which outrages till it complies with the Command of Allah. Then if it complies, then make reconciliation between them justly, and be equitable. Verily! Allah loves those who are the equitable. The believers are nothing else than brothers (in Islamic religion). So make reconciliation between your brothers, and fear Allah, that you may receive mercy}. (Al-Hujurat, 9, 10)
Though the verse made clear that the two parties were fighting one another, Allah the Almighty still calls them "believers" and ascribes religious brotherhood to them. The verse mentions nothing about the removal of their faith or the denial of their religious brotherhood.
In addition, Allah the Almighty says in the verse of Al-Qasas (just retaliation): {But if the killer is forgiven by the brother (or the relatives, etc.) of the deceased against blood-money, then adhering to it with fairness and payment of the blood-money to the heir should be made in fairness}. (Al-Baqarah, 178)
In the previous verse, Allah the Almighty affirmed for the killer the brotherhood in religion and did not remove it from him.
In addition, the Prophet (Peace be upon him) says: "The fornicator who fornicates is not a believer so long as he commits it and no thief who steals is a believer as long as he commits theft, and no drunkard who drinks wine is a believer as long as he drinks it.'" Abdul-Malik Ibn Abu Bakr narrated this on the authority of Abu Bakr Ibn Abdur -Rahman Ibn Harith and then said: Abu Hurairah (May Allah be pleased with him) made this addition: "No plunderer who plunders a valuable thing that attracts the attention of people is a believer so long as he commits this act." (Bukhari and Muslim)
In addition, Abu Dharr (May Allah be pleased with him) reported: I came to the Messenger (Peace be upon him) and he was asleep with a white mantle over him. I again came, he was still asleep, I came again and he had awakened. I sat by his side and (the Prophet) observed: There is none among the slaves who affirmed his faith in La illaha illallah (there is no God but Allah) and died in this state and did not enter Paradise. I (Abu Dharr) said: Even if he committed adultery and theft? He (the Prophet)
replied: (Yes) even though he committed adultery and theft. I (again said): Even if he committed adultery and theft? He (Peace be upon him)
replied: (Yes) even though he committed adultery and theft. (The Prophet repeated it three times) and said after the fourth time: "In defiance of Abu Dharr." Abu Dharr then went out and he repeated (these words): In defiance of Abu Dharr.” (Bukhari and Muslim) This proves that he did not deny absolute faith regarding the fornicator, thief, wine drinker and the killer; if he intended so, he would not say that whosoever says La illaha illallah and dies in this state, he enters Paradise, even though he commits these deeds of disobedience. In fact, none would enter Paradise except the believers. Hence, what he meant is the in-completion or imperfection of faith. But, whosoever commits such deeds of disobedience, while regarding them lawful and permissible, is a disbeliever. So doing, he rejects the Qur'an and denies the Prophetic Sunnah. Even, he becomes a disbeliever if he thinks them (these deeds of disobedience) lawful and permissible even though he commits them not, and Allah the Almighty is the Best Knower.
Reference: 200 FAQ On Muslims Belief - Shiekh Hafiz Ibn Ahmed Al Hakami
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