No one is to be excused due to ignorance with regard to the principles of the Religion
Question:
“A brother from the Arab Republic of Egypt, Sinai asks: There was a dispute between two people about whether or not someone who walks around the graves and asks help of the dead is to be declared a Kafir (disbeliever). The first man said that this action constitutes Shirk (associating others with Allah in His Divinity or worship) without any disagreement; however, the person who does that can be excused due to their ignorance in matters of Tawhid (belief in the Oneness of Allah/monotheism). The other man believes that asking anyone for help other than Allah (Exalted be He) is Kufr (disbelief), and one cannot be excused due to ignorance in matters of Tawhid; however, people can be excused in subsidiary matters of Fiqh (Islamic jurisprudence). The question is: Which of the two opinions is correct, and which is incorrect? May Allah reward you well.”
Answer:
“The correct opinion is that of the man who said that this matter is not excusable, because it is one of the major matters and principles of Islam. It is the first thing to which the Prophet (صلى الله عليه وسلم) called people; before Salah (Prayer), Sawm (Fast), Zakah (obligatory charity) and other pillars. Ignorance is not an excuse when it comes to the principle foundations of the religion with respect to those who live among Muslims, and hear the Qur'an and Hadiths. Seeking help from the dead and making Du`a' and vows to them or asking them for healing and support are acts of major Shirk (associating others with Allah in His Divinity or worship that takes the Muslim out of Islam). Allah (Exalted be He) says in His Glorious Book:
{And whoever invokes (or worships), besides Allâh, any other ilâh (god), of whom he has no proof; then his reckoning is only with his Lord. Surely! Al-Kâfirûn (the disbelievers in Allâh and in the Oneness of Allâh, polytheists, pagans, idolaters) will not be successful.} [Surah Al -Mu’minun 23:117]
Allah refers to them as Kafirs. He (Exalted be He) also says:
{Such is Allâh, your Lord; His is the kingdom. And those, whom you invoke or call upon instead of Him, own not even a Qitmîr (the thin membrane over the date-stone). If you invoke (or call upon) them, they hear not your call; and if (in case) they were to hear, they could not grant it (your request) to you. And on the Day of Resurrection, they will disown your worshipping them. And none can inform you (O Muhammad صلى الله عليه وسلم) like Him Who is the All-Knower (of everything).} [Surah Fatir 35:13-14]
Allah (Exalted be He) described their invoking them as Shirk. Furthermore, Allah (Exalted be He) says:
{...so invoke not anyone along with Allâh.} [Surah Al-Jinn 72:18]
And: {And invoke not besides Allâh, any such that will neither profit you nor harm you, but if (in case) you did so, you shall certainly be one of the Zâlimûn (polytheists and wrong-doers).} [Surah Yunus 10:106]
The wrongdoers meant here are the Mushriks (those who associate others with Allah in worship); the word "Zhulm (injustice/wrongdoing)" when used in a general sense denotes Shirk, as Allah (Exalted be He) says:
{And (remember) when Luqmân said to his son when he was advising him: “O my son! Join not in worship others with Allâh. Verily joining others in worship with Allâh is a great Zûlm (wrong) indeed.} [Surah Luqman 31:13]
This is also applicable to circumambulating graves, if a person circumambulates the graves to draw closer to the dead. This is the same as those who invoke the dead and seek their help; it is considered major Shirk. If, however, a person walks around the graves thinking that by doing this they will draw closer to Allah (Exalted be He), in the same way Muslims circumambulate the Ka`bah, intending to draw closer to Allah (Exalted be He), not the dead, in this case, their act is considered a Bid`ah (innovation in religion) and a dangerously forbidden means which could lead to Shirk. But, it is most likely that those who circumambulate the graves do so with the aim of drawing closer to the dead, seeking their reward and Shafa`ah, and this is major Shirk, the same as Du`a'. We ask Allah to protect us."
Shaykh 'Abdul-'Azeez bin 'Abdullah bin Baaz, may Allah have mercy upon him.
Source: www.alifta.net - Fatwas of Nur `Ala Al-Darb, Volume 1, Chapter on `Aqidah, Chapter on being excused out of ignorance, No one is to be excused with regard to the principles of religion due to ignorance. Question number 3, tape number 156.
“A brother from the Arab Republic of Egypt, Sinai asks: There was a dispute between two people about whether or not someone who walks around the graves and asks help of the dead is to be declared a Kafir (disbeliever). The first man said that this action constitutes Shirk (associating others with Allah in His Divinity or worship) without any disagreement; however, the person who does that can be excused due to their ignorance in matters of Tawhid (belief in the Oneness of Allah/monotheism). The other man believes that asking anyone for help other than Allah (Exalted be He) is Kufr (disbelief), and one cannot be excused due to ignorance in matters of Tawhid; however, people can be excused in subsidiary matters of Fiqh (Islamic jurisprudence). The question is: Which of the two opinions is correct, and which is incorrect? May Allah reward you well.”
Answer:
“The correct opinion is that of the man who said that this matter is not excusable, because it is one of the major matters and principles of Islam. It is the first thing to which the Prophet (صلى الله عليه وسلم) called people; before Salah (Prayer), Sawm (Fast), Zakah (obligatory charity) and other pillars. Ignorance is not an excuse when it comes to the principle foundations of the religion with respect to those who live among Muslims, and hear the Qur'an and Hadiths. Seeking help from the dead and making Du`a' and vows to them or asking them for healing and support are acts of major Shirk (associating others with Allah in His Divinity or worship that takes the Muslim out of Islam). Allah (Exalted be He) says in His Glorious Book:
{And whoever invokes (or worships), besides Allâh, any other ilâh (god), of whom he has no proof; then his reckoning is only with his Lord. Surely! Al-Kâfirûn (the disbelievers in Allâh and in the Oneness of Allâh, polytheists, pagans, idolaters) will not be successful.} [Surah Al -Mu’minun 23:117]
Allah refers to them as Kafirs. He (Exalted be He) also says:
{Such is Allâh, your Lord; His is the kingdom. And those, whom you invoke or call upon instead of Him, own not even a Qitmîr (the thin membrane over the date-stone). If you invoke (or call upon) them, they hear not your call; and if (in case) they were to hear, they could not grant it (your request) to you. And on the Day of Resurrection, they will disown your worshipping them. And none can inform you (O Muhammad صلى الله عليه وسلم) like Him Who is the All-Knower (of everything).} [Surah Fatir 35:13-14]
Allah (Exalted be He) described their invoking them as Shirk. Furthermore, Allah (Exalted be He) says:
{...so invoke not anyone along with Allâh.} [Surah Al-Jinn 72:18]
And: {And invoke not besides Allâh, any such that will neither profit you nor harm you, but if (in case) you did so, you shall certainly be one of the Zâlimûn (polytheists and wrong-doers).} [Surah Yunus 10:106]
The wrongdoers meant here are the Mushriks (those who associate others with Allah in worship); the word "Zhulm (injustice/wrongdoing)" when used in a general sense denotes Shirk, as Allah (Exalted be He) says:
{And (remember) when Luqmân said to his son when he was advising him: “O my son! Join not in worship others with Allâh. Verily joining others in worship with Allâh is a great Zûlm (wrong) indeed.} [Surah Luqman 31:13]
This is also applicable to circumambulating graves, if a person circumambulates the graves to draw closer to the dead. This is the same as those who invoke the dead and seek their help; it is considered major Shirk. If, however, a person walks around the graves thinking that by doing this they will draw closer to Allah (Exalted be He), in the same way Muslims circumambulate the Ka`bah, intending to draw closer to Allah (Exalted be He), not the dead, in this case, their act is considered a Bid`ah (innovation in religion) and a dangerously forbidden means which could lead to Shirk. But, it is most likely that those who circumambulate the graves do so with the aim of drawing closer to the dead, seeking their reward and Shafa`ah, and this is major Shirk, the same as Du`a'. We ask Allah to protect us."
Shaykh 'Abdul-'Azeez bin 'Abdullah bin Baaz, may Allah have mercy upon him.
Source: www.alifta.net - Fatwas of Nur `Ala Al-Darb, Volume 1, Chapter on `Aqidah, Chapter on being excused out of ignorance, No one is to be excused with regard to the principles of religion due to ignorance. Question number 3, tape number 156.