What are the rules for dealing with a disbelieving innovator?

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

There are two types of heretical innovators:

1.       People who commit religious innovations that result in their disbelief.

2.       People who commit religious innovations that result in their being defiantly disobedient.

The first type of innovators should be killed by the ruler. However, if he does not kill them it becomes the people’s duty to abandon them. This was mentioned by Ibn Al-‘Arabi who added that people should not greet them or visit them in their sickness until they return to the right path. He added that they also should not pray over them after their death. In this way, other people who follow their course will learn a lesson. Furthermore, he mentioned that when Maalik was asked about the ruling on marrying a woman from those people, he replied that Allaah The Almighty Says (what means): {And a believing slave is better than a polytheist, even though he might please you.} [Quran 2:221]

On the other hand, the second type of  innovators must only be abandoned if they call people to adopt their religious innovations. However, some believe that they must be abandoned in all cases. This was reported by Ibn Muflih on the authority of Imaam Ahmad . Ibn ‘Aqeel confirmed this saying that abandoning them will teach them a lesson.

Scholars have pointed out many areas where it is permissible to abandon the second type of  innovators. Some of these are:

1.       They should not be appointed as Caliphs, leaders, or judges. Ibn Muflih quoted Imaam Ahmad as saying that disbelieving innovators must not be in charge of any of the Muslims’ affairs because this will have a serious effect on Islam and Muslims.

2.       People should not greet them. Al-Mardaawi reported that Ibn Tameem mentioned that refraining from greeting  innovators is a communal obligation. Another opinion stated that no one should greet immoral people who declare that their immoral behavior is permissible, or the disbelieving innovator, who practices his innovation publicly. Ash-Shawkaani mentioned that it is recommended not to greet the disobedient and disbelieving innovators to rebuke them and teach them a lesson.

3.       They should not be consulted in religious affairs or accompanied in travel as mentioned by Ibn Muflih who reported that on the authority of Imaam Ahmad .

4.       They should not be visited if they are sick. This was mentioned by Al-Mardaawi who reported that on the authority of Imaam Ahmad . He added that it is prohibited to visit, but it was also reported on his authority that he mentioned that only those among them who call others to adopt their religious innovations must not be visited.

5.       It is permissible to imprison those who call others to adopt their religious innovation as mentioned by Ibn Muflih who reported that on the authority of Imaam Ahmad .

6.       If they narrate any Hadeeth (narration) it must be rejected as mentioned by Ibn An-Najjaar . He pointed out that this applies to those whose religious innovations do not result in apostasy.

7.       It is permissible to rebuke and reproach them as mentioned by Ibn Al-Haajj who reported that on the authority of Imaam Abu Haamid Al-Ghazaali .

8.       People should not attend their funerals as mentioned by Ibn Qudaamah who reported that on the authority of Ahmad . This is also the opinion of Maalik .

Scholars mentioned other measures that may be taken with the innovator like denouncing his actions if he is a caller to Islam. However, if he is one of the common people, it is preferable to advise him leniently because most probably he is not aware of the religious innovation he has been adopting. This was mentioned by Imaam Al-Ghazaali .

The questioner should know that all the above-mentioned rules depend on the circumstances and larger interest involved. That is to say, if there is benefit in abandoning the  innovator, then this becomes preferable. However, if there is benefit in not abandoning him, then this will be the preferable choice. This was mentioned by Al-Mardaawi who reported this on the authority of Ibn Taymiyyah .

Allaah Knows best.