Question: Can any one make Takfeer or is it just for the Ulema?
Answer: There are two types of Kuffr (disbelief) different to those discussed previously (i.e. Akbar & Asghar). There is the Kuffr which is Muh’kaam (clear) and there is the Kuffr which is Mutashaabih (ambiguous), the clear cut one all Muslims can take part and say this is Kuffr, and declare Kuffr upon it, i.e. the Jews & Christians, those who worship camels, how can he have al-Walaa wal-Baraa if he cant say these people are not Muslims?
As for the Kuffr Mutashaabih, you’re not sure if this is Kuffr or not, this type of Kuffr requires a bit of detail and insight as to why it is Kuffr, it is imperative to clarify all the ambiguity which caused this Kuffr to take place and to eliminate that ambiguity.
This person has said wooden instruments are permissible, but why has he said that, this subject raised mocking Mujahideen is unclear, we cannot give one ruling to all types of people, need to meet that person, and investigate what are you mocking and why, as for the issue of Takfeer on UNCLEAR issues, no one is allowed to do that UNLESS he has sound knowledge in principles of Takfeer, and is learned and that requires scholarship.
When we talk about Takfeer we have to be very particular so that we go into details and verifications etc and to be very careful so that the Takfeer does not fall back on you.
If a person like yourself considers Kuffr on someone, after details and you sincerely believe that after giving excuses, and later on it is established, that he is not guilty of Kuffr you are not sinful. If you however you make illegitimate Takfeer on someone and in that situation it is possible that the Takfeer can fall back on you, those issues of Takfeer which are not Mu’hkaam (clear) these should be left to the experts for Specific Takfeer.
The Ulema are not obliged to give Takfeer on every single case, everything that we have said tonight is general, but if you say Ahmed or so and so person is a Kaffir or has done Kuffr we cannot make judgement unless we investigate him, if you accuse him of Zina or stealing we cannot make judgment without witnesses, then what about the issue of Kuffr? That is why we say that even Ulema should not be quick on making Takfeer on people UNLESS there is necessity or force to do it, for example if there is a certain Shaykh from among the evil Scholar and he is misguiding a lot of people then there is no harm, and Allah (swt) knows best.
[Answered by Sheikh Abu Baseer]