Is it permissible to declare as a disbeliever (kafir) one who commits sodomy, or to declare as a disbeliever one who did not prevent sodomy in his country and instead opened societies and provided available means for it? And would we be considered Khawarij if we declared them disbelievers?
Ahlus- wal-Jama'ah do not excommunicate anyone from the people of the Qiblah merely for committing sins, unless the perpetrator considers them permissible, unlike the Khawarij. Whoever believes in the permissibility of something that has been unanimously agreed upon as forbidden, and its ruling has become clear, and all ambiguity regarding it has been removed, has committed disbelief. Whoever believes in the prohibition of sodomy but does not object to its perpetrator when able to do so is sinful, because enjoining good and forbidding evil is a collective obligation (fard kifayah) and may become an individual obligation (fard ayn). It is forbidden to assist a disobedient person in prohibited acts or to facilitate means for him to commit them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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