Kafir
Kāfir (Arabic:كافر) is someone who denies God, His oneness, the prophethood of Muhammad (s), the Day of Judgment, or, more generally, the essential tenets of the religion. Some categories of kafir include the People of the Book, the dhimmi unbeliever, the belligerent enemy, the apostate, and the kafir taba'i. Each of these categories carries specific jurisprudential rulings. For instance, according to the majority of jurists, a kafir is considered ritually impure; moreover, a Muslim woman may not contract a marriage with a kafir man, and a Muslim man may not marry a kafir woman.
Jurists, citing the Principle of Nafy al-sabil (the negation of domination), hold that God does not legislate any ruling that would allow a kafir to have authority over a Muslim. From this principle, they derive certain more specific rulings concerning unbelievers. For example, a virgin Muslim daughter may marry without her father's consent if he is a kafir, since requiring the father's permission would constitute a form of domination. Likewise, a kafir judge may not adjudicate a case between two Muslims, since adjudication entails exercising authority over the parties to the dispute.
Concept and Classification
A kafir is defined as a person who denies God, His oneness, the prophethood of the Prophet (s), the existence of the Day of Resurrection, or—more generally—the essential doctrines of the religion. The term kafir derives from the root kufr, meaning "to cover" or "to conceal." Accordingly, anyone who rejects one or all of these fundamental truths is described as a kafir. Indeed, anyone who conceals or suppresses the signs of God's existence and His oneness is described as a kafir. Semantically, the term kafir is associated with related concepts such as mulhid (atheist), zindiq (heretic), dahri (eternalist), and mushrik (polytheist).
It is reported that the word kufr and its various derivatives—including kafir—appear more than five hundred times in the Qur'an, often accompanied by warnings of divine punishment. In numerous chapters of Islamic jurisprudence, whether in commercial law or devotional rulings, discussions address the legal status of the kafir as well as the obligations of Muslims concerning how they should interact with them.
Types of Kafir
In Islamic jurisprudence, various categories of kafir have been identified, each with its own specific legal rulings.
Kafir Kitabi (People of the Book)
A "kafir kitabi", or a member of the People of the Book, is someone who follows a religion possessing a revealed scripture, such as Judaism or Christianity. According to jurists, anyone for whom there is a reasonable doubt as to whether they possess a divine scripture is also considered among the People of the Book. For this reason, Zoroastrians have likewise been classified as People of the Book.
Kafir Asli
A "kafir asli" (innate or original unbeliever) is defined in contrast to an apostate (murtadd). The term refers to someone born to non-Muslim parents who has never previously embraced Islam. According to the consensus of Shia jurists, if a kafir asli later becomes Muslim, he is not required to make up (qada') acts of worship —such as prayer or fasting—that were missed during his state of unbelief.
- A kafir asli is classified into three types:
- Kafir al-dhimmi: A kafir dhimmi refers to those People of the Book residing in Islamic territories who enter into a dhimma pact with the Islamic ruler. The dhimma is a covenant under which the People of the Book are permitted to remain upon their religion and enjoy the protection of the Islamic state in return for paying the jizya.
- Kafir al-harbi (belligerent unbeliever): A kafir harbi is an unbeliever who is at war with Muslims and has no pact—such as a dhimma covenant, a grant of safe-conduct (aman), or a truce—with them, whether they belong to the People of the Book or not. According to jurists, the life and property of a kafir harbi are not immune from violation. However, if a kafir harbi enters into a dhimma pact (which applies exclusively to the People of the Book), or is granted aman or a truce (which applies to non–People of the Book) with Muslims, then their life and property become protected.
- Kafir al-muhadin (non-hostile unbeliever): A kafir muhadin refers to unbelievers who are neither bound by a covenant with Muslims nor at war with them. The Shia jurist Nasir Makarim Shirazi holds that Qur'an 60:8 pertains to this group, advising Muslims to observe justice and benevolence toward them.
Kafir Taba'i (Derivative unbeliever)
According to jurists, the child of a kafir, before reaching puberty, is regarded as an unbeliever by following the religion of his non-Muslim parents and is therefore classified as a kafir taba'i (derivative unbeliever). Jurists hold that the legal rulings applicable to a kafir taba'i—including matters of ritual impurity and purity, as well as certain other legal obligations—are the same as those that apply to his parents.
Murtadd (Apostate)
A murtadd is someone who has voluntarily renounced Islam. Jurists classify apostates into two types: Fitri (innate) and Milli (converted). A fitri murtadd is a person born to Muslim parents—or at least one Muslim parent—who later leaves Islam. A milli murtadd refers to someone who was initially a non-Muslim, embraced Islam, and subsequently reverted from it.
Shared Legal Rulings for All Types of Kafir
Some legal rulings apply universally to all categories of kāfir, as follows:
- According to Sahib al-Jawahir, the Shia jurists of the Imami school have reached a consensus that a kafir is ritually impure, with no distinction made between a kafir asli (original unbeliever), a murtadd (apostate), a kafir kitabi (People of the Book), or a kafir harbi (belligerent unbeliever). However, according to the Shia jurist Muhammad Ibrahim Jannati, contrary to the majority opinion, some jurists have ruled that People of the Book are ritually pure (tahir).
- A Muslim woman may not enter into a marital contract with a kafir, and a Muslim man may not marry a kafir woman. However, some jurists hold that a Muslim man may contract a temporary marriage (mut'a) with a kafir kitabi (Woman of the Book).
- Consuming the flesh of an animal slaughtered by a kafir is prohibited, with no distinction made between the different categories of kafir in this regard. According to al-Shaykh al-Baha'i, a small number of jurists have considered the slaughter of People of the Book to be permissible (halal).
Denial of Any Authority of a Kafir over Muslims
Jurists, based on the principle of Nafy al-sabil (denial of any authority), hold that God does not legislate any ruling that would allow a kafir to exercise authority over Muslims. Consequently:
- A kafir has no guardianship (wilaya) over his minor child if the child is Muslim. The marriage of a virgin Muslim daughter is valid without her father's consent if he is a kafir, since such consent would constitute a form of authority which God has prohibited.
- According to Imami jurists, a kafir judge may not adjudicate between two Muslims, as adjudication entails exercising authority over the parties to the dispute. By consensus of Imami jurists, a kafir may not act as an agent (wakil) on behalf of a Muslim—whether appointed by the Muslim or by the kafir himself—because agency involves a form of authority.