Shaykh Khaalid Abdur-Rahmaan (may Allaah preserve him) said, “Shaikhul-Islaam Ibn Taymiyyah (d. 728H) and other than him from the Scholars have made it clear whilst discussing the sects of the Khawaarij that from the Khawaarij are those who do not make takfeer (i.e. to declare another Muslim is a disbeliever) based upon each and every major sin and that they make takfeer based upon some of the major sins to the exclusion of others.
Many of the people say, “O brother! Those people (the Khawaarij of modern times) do not make takfeer due to fornication now, nor due to drinking of intoxicants, or upon the one deals in usury – they do not make takfeer of them. So how is it that you label them as Khawaarij?”
This doubt has deceived many of the people because they do not know that from the Khawaarij are those who make takfeer due to a major sin – and from them are those who do not make takfeer due to a major sin. For this reason, there is a group from the Khawaarij who make takfeer upon the rulers – So now, “judging by other than that which Allaah has revealed” is a sin from the various sins – therefore if you do not make takfeer of the fornicator or the one who consumes intoxicants, or you do not make takfeer of the one who does not pay the Zakaat, or the one who does not Fast, then “to judge by other than the what Allaah has revealed” is [also] a sin from the sins, and [likewise] takfeer is not to be made due to it [in all cases some cases of judging by othe than what Alah has revealed is minor disbelieve which does not expell the doer from Islam and inot some cases it can be major disbelief which expells the doer from Islam. However some Khawaarij hold this act which is in origin a major sin and minor disbelieve is always major disbelieve. Thus they rule any Muslim ruler who does that as an immediate disbeliever who jihad must be waged against to remove him from power].
Also if you were to make takfeer upon the one who does not judge by that which Allaah has revealed, then you have spoken with the doctrine of the Khawaarij – and that is sect from the sects of the Khawaarij that makes takfeer based upon some of the major sins.
In addition this affair is one upon which the Khawaarij have agreed – the sin upon which all of the Khawaarij agree upon, which they all make takfeer based upon is: “Judging by other than that which Allaah has revealed.”
For this reason Shaikhul-Islaam Ibn Taymiyyah (d. 728H,rahimahullaah) said concerning the verse, “And whomsoever does not judge by that which Allaah has revealed, such are the disbelievers.” He said: “No one understands this verse in an unrestricted manner except for the Khawaarij (i.e. only the Khawaarij make outright takfeer based upon this verse).”
It is for this reason Shaikh Ibn Baaz (rahimahullaah) said: “One who removes his obedience from the ruler, and exits from the Jamaa’ah, then he is a Khaarijee.”
Imaam al-Barbahaaree (died 329H): “The one who exits the obedience (of the ruler) then he is Khaarijee.”
So it is not a condition that a man makes takfeer upon each and every major sin before he is considered a Khaarijee.”
Posted by Abdul Kareem Ibn Ozzie