Definition of Legal Responsibility
In the Kharida al-Bahiyya it states:
Quote
It is legally necessary for those morally responsible
To know Allah Most High — so be well aware
The legally responsible person (mukallaf) is defined as an individual of sound intellect who has reached the age of puberty and to whom the Islamic invitation (dawah) has been communicated.
Dr. Ibrahim Shaghouri’s translation of the Khardiya al-Bahiyya adds:
[Legal responsbility] applies to humans and jinn, except that the condition of reaching puberty does not apply to jinn.
Additionally, ‘So be well aware’ is a reference to conformism (taqlid). Dr. Shaghouri defines the term:
Although the faith of someone who merely imitates the faith of someone else is sound, such a one remains disobedient if he does not look into and reflect upon the proofs of faith and come to know Allah as described.
Conditions For Moral Responsibility (Taklif)
There are three primary conditions that define moral responsibility (taklif) in Islam:
- Legal Sanity.
- Adulthood.
- Reception of the Message.
Legal sanity, meaning the individual must be of sound intellect. Adulthood, meaning the individual must have reached the age of puberty. And reception of the message, meaning the individual must have received the message of Islam.
The Mukallaf and Taklif
The mukallaf is also the morally responsible person who meets the three conditions of taklif.
The concept of taklif rests its authority from Divine Revelation, meaning that legal obligations have moral bindings to them because God is Absolute and Eternal. God commands humanity to uphold morality within creation.
Reaching of the Islamic Invitation (Dawah)
In Faysal al-Tafriqa Hayna al-Islam wa al-Zandaqa, translated as ‘On The Boundaries Of Theological Tolerance In Islam’ (trans.: Sherman Jackson), by Imam al-Ghazali defines who is considered to have received the dawah (Islamic invitation). The conditions are:
- Mutawatir manner.
- Contemplation.
- Answering doubts.
- Sufficient time.
Firstly, Islam must have reached the person in a mutawatir manner, meaning it must be communicated in a massively accepted and widely known basis. A solitary narration is not sufficient, as the individual must receive the dawah through numerous and consistent reports to eliminate any plausible deniability about its authenticity. Collective reports, by their nature, establish certitude and cannot be denied as real and true.
Secondly, the dawah must engage the person in contemplation or consideration of the Message. This reflects the scenario in the Seerah, where the Prophet Muhammad first announced his Prophethood to the Quraysh in Mecca, proclaiming his title as al-Sadiq al-Ameen (the Truthful and Trustworthy). It is essential for the dawah to present Islam in its true light, not in a deformed or distorted way. If someone learns about Islam through a misrepresented version, such as from biased mainstream media, the light of Islam has not truly reached them. Consequently, the obligation of belief does not apply until they receive the correct understanding of Islam.
Thirdly, Islamic scholarship must address and settle any doubts and skepticism that arise through questions based on faith (Iman). Scholars are required to provide answers that directly satisfy these inquiries. If scholars fail to adequately address these doubts and people remain skeptical, it indicates that the complete and true message of Islam has not been received, and thus, the obligation for belief does not fall upon them. However, if scholars respond effectively and resolve these doubts, the condition is considered fulfilled.
Lastly, Islam must have reached the person with sufficient time for contemplation. If the person hears the true Message but immediately passes away, it is not regarded as sufficient time for them to contemplate. Only Allah knows what constitutes ‘sufficient time’ for His servants, as stated in the Quran (3:182) where He states, ‘God is never unjust to His servants.’:
That is on account of what you stored up for yourselves with your own hands: God is never unjust to His servants.’
Similarly in Surah Fussilat (41:46):
Whoever does good does it for his own soul and whoever does evil does it against his own soul: your Lord is never unjust to His creatures.
Furthermore, those who die in a state of non-mukallaf, thus not meeting the criteria for moral responsibility, are considered from the ahlul fatra. These are a category of people who lived in a transitional period between two prophethoods, where the former message was fading away, and the new revelation had not yet reached humanity. If any of the previously mentioned conditions are not met, such individuals are classified as ahlul fitra, and are not accountable on the Day of Judgment because they did not receive receive the knowledge of what is necessary, possible, impossible about God.
In summary, the dawah’s effectiveness hinges on reaching individuals in a manner that is universally accepted, engaging them in contemplation, effectively addressing their doubts, and providing sufficient time for reflection. Only under these conditions can a person be held morally responsible for accepting the message of Islam.
The True Message vs Distorted Messages
The reception of the Islamic message depends greatly on the “type” of Islam one hears. According to al-Ghazali, there is a significant distinction between the true Message of Islam and distorted messages. Only the authentic, unaltered Message qualifies as dawah being sent to a person. Distorted representations of Islam, which might be encountered through biased or erroneous sources, do not meet the criteria for dawah. Therefore, simply hearing about Islam does not suffice; it must be the accurate and genuine portrayal of the faith.
Special Cases
There are special cases of course. For example, individuals who are both blind and deaf, they are generally excused from legal responsibility. However, if they are able to understand the message in some way, their acceptance is valid.