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Ibn Abdillah As-sudaisiy Al-Iloori 

One of the glaring errors committed by Jaqmal over his heresy on the status of Abu Tālib was his statement that Abu Tālib was using his lack of declaration of Islām publicly to defend the Prophet صلى الله عليه وسلم from the evil plots of the Kuffar. Perhaps, he meant that Abu Tālib was upon Islām secretly because he used to defend the Prophet صلى الله عليه وسلم. See the video of his comment through this link:

In first place, this claim is baseless because there is no evidence for it the Qur'ān or Sunnah. There are verses of the Qur'ān and Hadith establishing the fact that Abu Tālib died upon kufr and that he is in hell fire. If Abu Tālib had died as a Muslim, he would have been a companion and would have been saying "رضي الله عنه" for him. But he was obviously not. Even Najāshiy (King Negus) who accepted Islam in far away Abyssinia, we are saying "رضي الله عنه" for him. 

In a hadith reported by Al-'Abbas رضي الله عنه, the Prophet صلى الله عليه وسلم said regarding Abu Tālib:

هو في ضحضاح من نار، ولولا أنا لكان في الدرك الأسفل من النار

He is in a shallow place of Fire. But for me, he would have been in the lowest part of the Fire. [Sahih Muslim 209]

As for the statement of Jaqmal that the word "Dhahdhāh" (shallow) is only used for water, there is no basis for this. Then, there is no basis for his statement that it is only the Munafiqoon (hypocrites) that will be at the lowest part of hell-fire. Allāh can decide to put a Kāfir wherever he wishes depending on the gravity of his kufr. Therefore, the statement of the Prophet صلى الله عليه وسلم that Abu Tālib would have been in the deepest part of hell if not for him is a proof that is a clear proof on this and it does not in any way contradict the statement of Allāh in the Qur'ān:

اِنَّ الْمُنٰفِقِيْنَ فِى الدَّرْكِ الْاَ سْفَلِ مِنَ النَّا رِ ۚ وَلَنْ تَجِدَ لَهُمْ نَصِيْرًا 

Indeed, the hypocrites will be in the lowest depths of the Fire - and never will you find for them a helper [Surah An-Nisāʾ: 145]

Two, it must be noted that Islām is a religion that anyone who adheres to it is not allowed to hide, except in a situation where someone is forced to deny it with his words while his mind is still firm upon it. 

In the case of Abu Tālib, he was one of the leaders of Quraysh. No one could have harassed him if he had accepted Islam openly. It was destined that he was not going to accept it and he died upon kufr. 

Three, it appears that Allāh used his (Abu Tālib)'s kufr to show the Messenger صلى الله عليه وسلم and his followers that he cannot guide anyone by himself except with the permission of Allāh. Our's is to preach to people, the power to guide them is in Allāh's Hand. Despite the efforts of the Prophet صلى الله عليه وسلم to guide his uncle (Abu Tālib) to the right path of Islām, he did not yield. 

Allāh says:

اِنَّكَ لَا تَهْدِيْ مَنْ اَحْبَبْتَ وَلٰـكِنَّ اللّٰهَ يَهْدِيْ مَنْ يَّشَآءُ ۗ وَهُوَ اَعْلَمُ بِا لْمُهْتَدِيْنَ

Indeed, [O Muhammad], you do not guide whom you like, but Allah guides whom He wills. And He is most knowing of the [rightly] guided [Surah Al-Qaṣaṣ: 56]

It was authentically reported that the Prophet صلى الله عليه وسلم was with Abu Tālib when his death was close and he urged him to pronounce the kalmatus shahādah, but he was unable to. 

Part of what affected him on this occasion was his evil companies (those who were close to him among the Kuffar). Imām Ahmad, Bukhari and Muslim رحمهم الله reported that Sa'eed Ibn Musayyib رضي الله عنه narrated the hadith where the Prophet صلى الله عليه وسلم said to Abu Tālib:

 ‏يَا عَمِّ قُلْ لاَ إِلَهَ إِلاَّ اللَّهُ ‏.‏ كَلِمَةً أَشْهَدُ لَكَ بِهَا عِنْدَ اللَّهِ 

My uncle, make a profession that there is no one worthy of worship except Allāh, and I will bear testimony with it for you before Allāh

Unfortunately, Abu Jahl and 'Abdullah ibn Abi Umayya were there to confuse him saying: 

يَا أَبَا طَالِبٍ أَتَرْغَبُ عَنْ مِلَّةِ عَبْدِ الْمُطَّلِبِ

Abu Talib, would you abandon the religion of 'Abdul-Muttalib? 

The Prophet صلى الله عليه وسلم kept persuading him to profess the statement of taoheed, but those men kept confusing Abu Tālib till he elected to be upon the path of his forefathers. Depspite the fact that Abu Tālib died upon shirk, the Prophet صلى الله عليه وسلم still vowed to beg Allāh for his forgiveness. Then Allāh revealed the verse of Suratut Tawbah to correct him. Allāh says:

مَا كَا نَ لِلنَّبِيِّ وَا لَّذِيْنَ اٰمَنُوْاۤ اَنْ يَّسْتَغْفِرُوْا لِلْمُشْرِكِيْنَ وَ لَوْ كَا نُوْۤا اُولِيْ قُرْبٰى مِنْۢ بَعْدِ مَا تَبَيَّنَ لَهُمْ اَنَّهُمْ اَصْحٰبُ الْجَحِيْمِ

It is not for the Prophet and those who have believed to ask forgiveness for the polytheists, even if they were relatives, after it has become clear to them that they are companions of Hellfire. [At-Tawba: 113]

Al-Hafidh Ibn Kathir رحمه الله confirmed in his tafseer that this verse was revealed on the case of Abu Tālib. He also cited the hadith of Sulayman Ibn Buraydah (reported in Saheehain) on how Allāh permitted the Messenger صلى الله عليه وسلم to visit the grave of his mother, but did not allow him to seek forgiveness for her, and he cried so much. The companions never saw him crying as much as that. 

The above verse clearly shows that anyone who dies upon other than Islām does not deserve the istighfār (prayer of forgiveness) of a Muslim. Even  the saying "rest in peace" is not allowed. If the Prophet صلى الله عليه وسلم could not pray for his mother and uncle, then who are we? This shows the gravity of dying upon shirk (polytheism) or kufr (disbelief). No matter how close that person is to us, we cannot seek for forgiveness for him or her. The best favour that Allāh grant to anyone in life is for him or her to live and die upon Islām and Sunnah.

Some people might be asking why arguing on whether or not someone is in hell? The reply to this that 'aqeedah (creed) is the most important aspect of Islam. Without it, a person cannot be said to be a true Muslim. To be a true Muslim, we must believe the way the Prophet صلى الله عليه وسلم and his Companions رضي الله عنهم believed. Our creed must not be different from theirs, otherwise there is big problem. We must have the same belief with them on the Qur'ān and Hadiths. We must not contradict them, especially in our matters of 'aqeedah. Allāh says:

فَاِ نْ اٰمَنُوْا بِمِثْلِ مَاۤ اٰمَنْتُمْ بِهٖ فَقَدِ اهْتَدَوْا ۚ وَاِ نْ تَوَلَّوْا فَاِ نَّمَا هُمْ فِيْ شِقَا قٍ ۚ فَسَيَكْفِيْکَهُمُ اللّٰهُ ۚ وَهُوَ السَّمِيْعُ الْعَلِيْمُ

So if they believe in the same as you believe in, then they have been [rightly] guided; but if they turn away, they are only in dissension [Al-Baqara: Verse 137]

Consequently, it is a form of kufr to oppose any part of the Qur'ān or established Sunnah. This is what Jaqmal has done in his statement on the status of Abu Tālib and Abu Lahab. There are clear verses of the Qur'ān and Hadith establishing what the duo died upon. Yet Jaqmal opposed them openly in public and no one could correct him. He is well known for behaving this way. The aim of Jaqmal and his likes is to oppose the Sunnah and mislead their non-suspecting Muslims with strange and heretic comments that lack basis in the sharī'ah. Our own aim is to safe the ignorant people from their fitnah.

May Allāh save us from the evils of the misguided people who parade themselves as scholars in our society.

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