#215: Ruling on Keeping the Ties of Kinship with an Apostate Brother

Mon 5 Dhul Hijjah 1443AH

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QUESTION

ON KEEPING THE TIES OF KINSHIP WITH AN APOSTATE BROTHER

“Asalamu alaykum. Please about severing the ties of kinship, what is the ruling for the believer especially if his apostate brother was the one that severed the ties in the first place?”

ANSWER:

Alhamdulillaah! Maintaining the ties of kinship in Islam in waajib even if the kin is a kaafir. We quoted in our DailyPost the one of the Ahaadith that discusses that, Alhamdulillaah!

But we must realise that the case of a Kaafir Asly (kaafir right from start) is entirely different from that of a Murtad (apostate). That is because a Murtad is never recognized as anything in Islam until he repents and return to Islam or he is killed. This is the consensus of the Fuqahaa.

Imaam Ash-Shaafi’i – rahimahullaah – said:

‎”Whosoever turns from Shirk to Islam then turns again from Islam into Shirk among the legal adults, male or female, must be ordered to repent, if he does, it is accepted from him, otherwise, he is killed. Allaah – azza wa jalla – said: “And they will not cease to wage war against you until they turn you away from your Din if they are able to…(up till where He said) in they will abide forever” (Ref: ‘Al-Umm’ 1/257)

And the other Imaams made same or similar statements.

Therefore, if it becomes apparent that your brother is an apostate, you are supposed to take the following steps regarding him:

1. Preach to him, advise him and call him to order.

2. If he refuses, break all ties with him. He has neither right nor responsibilities on you.

That is the Shar’i position and it is not like that of a Kaafir who had been so right from start and with whom you must maintain ties of kinship.

Allaahu A’alam! Baarakallaahu feekum!
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