Question : A question was asked about the ruling for praying over the dead body of a person who did not pray, or who sacrificed animals to the saints (awliya’), or who seeks their [that of the saints] intercession.

Fatwa in Brief: It is not permitted to pray over these people. They are unbelievers (kuffar) who have left the fold of Islam.

The Permanent Committee, 8/410

Response:

The one who stops praying out of laziness is not an unbeliever, according to the majority of scholars. One should not rush to accuse members of the general public of leaving Islam. Rather, one should consider these matters carefully. [Further] It is legally incumbent upon all of us to correct the acts of Muslims [who do not perform their obligations].

Commentary:

 As mentioned previously, according to a consensus of scholars, only the person who refutes the obligatory nature of prayer may legitimately be described as an unbeliever (kafir). Someone who neglects his/her prayers out of laziness, while at the same time knowing them to be obligatory, which happens all too frequently nowadays, may not be described as an unbeliever. This is the opinion of the four [Sunni] Imams, and the majority of the pious predecessors (al-salaf) and those who followed them (al-khalaf).

It has also been mentioned that, when a member of the general public slaughters an animal with the intention of distributing its meat among the poor, as an act of charity, s/he will be rewarded. For [regardless of the fact that s/he has sacrificed an animal to a saint], the [spirit of this] act is correct. However, if the slaughter was performed with the intention that s/he draws close to the dead person, the act is not viable (i.e. not sahih). One should not rush to accuse members of the general public of performing acts that are in opposition to Islam. Rather, one should strive to correct the mistaken acts of others, as this is an obligation upon all Muslims. Further, if someone is ignorant [for instance in the matter of slaughtering to saints], it is forbidden to accuse him of disbelief.

From al-Fatawa al-Sughra: disbelief (kufr) is an unforgiving accusation. A Muslim should not be accused of disbelief if there is evidence that s/he is not. In conclusion, if according to most opinions a person is an unbeliever, yet a single person considers him not to be, the prudent jurist (mufti) should take the side of the one who does not consider him an unbeliever. It is encouraged always to think well of Muslims. Accordingly, one should not give a legal opinion accusing a Muslim of disbelief if his words may be understood in a different/better light, or if there is disagreement among scholars regarding the question of his disbelief, and even if this disagreement is based upon a weak hadith(s). Most of the current accusations of disbelief are not legally justified. And I am committed to never giving a fatwa that [unfairly] contains an accusation of disbelief.[1]

Dr. ‘Ali Mansur