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The ruling on one who circumambulates graves out of ignorance
Original (Arabic): https://binbaz.org.sa/fatwas/7/حكم-من-طاف-بالقبور-جهلا-منه
Question: We observe in some Islamic countries that there are people who circumambulate graves out of ignorance. What is the ruling on these people, and is it permissible to call one of them a mushrik?
Answer: The ruling on one who calls upon idols, seeks help from them, and the like, is—praise be to Allah—clear: it is major kufr, unless he claims that he circumambulated the graves intending thereby to worship Allah, just as one circumambulates the Ka'bah, believing that circumambulating graves is permissible, and not intending thereby to draw near to the occupants of the graves, but rather intending to draw near to Allah alone. Such a person is considered an innovator, not a disbeliever, because circumambulating graves is a reprehensible innovation, as is performing salah beside them, and all of that is among the means leading to kufr. However, what is predominant among the worshippers of graves is seeking nearness to their occupants through circumambulating them, just as they seek nearness to them by slaughtering for them and making vows to them, and all of that is major shirk. Whoever dies upon it dies as a disbeliever; he is not washed, nor is salah performed over him, nor is he buried in the graveyards of the Muslims, and his affair is left to Allah, the Mighty and Majestic, in the Hereafter—if he was among those whom the call had not reached, then he is subject to the ruling of the people of the fatrah (the period between messengers). This is indicated by what occurred regarding the mother of the Prophet ﷺ that she had not lived to witness the prophethood and had been upon the religion of her people, and the Prophet asked permission ﷺ that his Lord grant her forgiveness, but he was not permitted to seek forgiveness for her, because she died upon the religion of Jahiliyyah, and likewise his father, concerning whom he said ﷺ When a questioner asked him about his father: If my father and your father are in the Fire. his father ﷺ He died in the Age of Ignorance upon the religion of his people, so his ruling is the ruling of the disbelievers; but as for one whom the call did not reach in this world, and who died in ignorance of the truth, he will be tested on the Day of Resurrection, according to the most correct of the sayings of the people of knowledge. If he passes, he enters Paradise, and if he disobeys, he enters the Fire.
And likewise all the people of the periods of interval who were not reached by the call, as He, the Most High, said:.
As for one whom the Qur'an has reached, or the mission of the Messenger, ﷺ And he did not respond, then the proof has been established against him, as Allah said (subhanahu wa ta'ala): This means: whoever the Qur'an has reached has indeed been warned.
And He, the Exalted, said: Whoever the Qur'an has reached, and whom Islam has reached, and he then did not enter into it, then he has the ruling of the kuffar. And it has been authentically narrated from the Prophet ﷺ he said: By Him in Whose Hand my soul is, there is no one from this nation, be he a Jew or a Christian, who hears of me, then dies without believing in that with which I was sent, except that he will be among the people of the Fire. narrated it by Muslim in his Sahih. So he made hearing of the mission of the Prophet ﷺ He is proof against himself.
In summary: whoever manifests kufr in the lands of Islam, his ruling is the ruling of the disbelievers. As for whether he will be saved on the Day of Resurrection or not, this is left to Allah, Glorified and Exalted, if he was among those whom the call had not reached and who had not heard of the sending of the Messenger ﷺ He will be tested on the Day of Resurrection and a neck from the Fire will be sent to him, as has come in the hadith of al-Aswad ibn Sari', and it will be said to him: "Enter it." If he enters it, it will be coolness and safety upon him, but if he refuses, the neck will wrap around him and he will go to the Fire — we ask Allah for safety.
In summary: those whom the call has not reached, such as those in the far corners of the world or those living in periods of interregnum, or those whom it reached but who were insane, bereft of reason, or so decrepit with age that they had lost their comprehension - these and their like are similar to the children of the polytheists who died while still young. The children of the polytheists who did not reach the age of puberty - their affair is entirely up to Allah, for Allah knows what they would have done, as the Prophet answered regarding that ﷺ to whoever asks Him about them, and His knowledge of them, glory be to Him, will be manifested on the Day of Resurrection through the test; whoever passes it will enter Paradise, and whoever does not pass it will enter the Fire, and there is no power and no strength except by Allah.[1].
And likewise all the people of the periods of interval who were not reached by the call, as He, the Most High, said:
مَّنِ ٱهۡتَدَىٰ فَإِنَّمَا يَهۡتَدِي لِنَفۡسِهِۦۖ وَمَن ضَلَّ فَإِنَّمَا يَضِلُّ عَلَيۡهَاۚ وَلَا تَزِرُ وَازِرَةٞ وِزۡرَ أُخۡرَىٰۗ وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبۡعَثَ رَسُولٗا
Whoever goes right, then he goes right only for the benefit of his ownself. And whoever goes astray, then he goes astray to his own loss. No one laden with burdens can bear another's burden. And We never punish until We have sent a Messenger (to give warning).
Qur'an 17:15 — trans. Hilali & Khan
As for one whom the Qur'an has reached, or the mission of the Messenger, ﷺ And he did not respond, then the proof has been established against him, as Allah said (subhanahu wa ta'ala):
قُلۡ أَيُّ شَيۡءٍ أَكۡبَرُ شَهَٰدَةٗۖ قُلِ ٱللَّهُۖ شَهِيدُۢ بَيۡنِي وَبَيۡنَكُمۡۚ وَأُوحِيَ إِلَيَّ هَٰذَا ٱلۡقُرۡءَانُ لِأُنذِرَكُم بِهِۦ وَمَنۢ بَلَغَۚ أَئِنَّكُمۡ لَتَشۡهَدُونَ أَنَّ مَعَ ٱللَّهِ ءَالِهَةً أُخۡرَىٰۚ قُل لَّآ أَشۡهَدُۚ قُلۡ إِنَّمَا هُوَ إِلَٰهٞ وَٰحِدٞ وَإِنَّنِي بَرِيٓءٞ مِّمَّا تُشۡرِكُونَ
Say (O Muhammad): "What thing is the most great in witness?" Say: "Allah (the Most Great!) is Witness between me and you; this Quran has been revealed to me that I may therewith warn you and whomsoever it may reach. Can you verily bear witness that besides Allah there are other aliha (gods)?" Say "I bear no (such) witness!" Say: "But in truth He (Allah) is the only one Ilah (God). And truly I am innocent of what you join in worship with Him."
Qur'an 6:19 — trans. Hilali & Khan
And He, the Exalted, said:
هَٰذَا بَلَٰغٞ لِّلنَّاسِ وَلِيُنذَرُواْ بِهِۦ وَلِيَعۡلَمُوٓاْ أَنَّمَا هُوَ إِلَٰهٞ وَٰحِدٞ وَلِيَذَّكَّرَ أُوْلُواْ ٱلۡأَلۡبَٰبِ
This (Quran) is a Message for mankind (and a clear proof against them), in order that they may be warned thereby, and that they may know that He is the only One Ilah (God - Allah) - (none has the right to be worshipped but Allah), and that men of understanding may take heed.
Qur'an 14:52 — trans. Hilali & Khan
In summary: whoever manifests kufr in the lands of Islam, his ruling is the ruling of the disbelievers. As for whether he will be saved on the Day of Resurrection or not, this is left to Allah, Glorified and Exalted, if he was among those whom the call had not reached and who had not heard of the sending of the Messenger ﷺ He will be tested on the Day of Resurrection and a neck from the Fire will be sent to him, as has come in the hadith of al-Aswad ibn Sari', and it will be said to him: "Enter it." If he enters it, it will be coolness and safety upon him, but if he refuses, the neck will wrap around him and he will go to the Fire — we ask Allah for safety.
In summary: those whom the call has not reached, such as those in the far corners of the world or those living in periods of interregnum, or those whom it reached but who were insane, bereft of reason, or so decrepit with age that they had lost their comprehension - these and their like are similar to the children of the polytheists who died while still young. The children of the polytheists who did not reach the age of puberty - their affair is entirely up to Allah, for Allah knows what they would have done, as the Prophet answered regarding that ﷺ to whoever asks Him about them, and His knowledge of them, glory be to Him, will be manifested on the Day of Resurrection through the test; whoever passes it will enter Paradise, and whoever does not pass it will enter the Fire, and there is no power and no strength except by Allah.[1].
- Majmu' Fatawa Ibn Baz (1/49)