This is part two of a series of posts on the topic of language, speech, words and utterances, and their relation to blasphemy and disbelief. In particular, this series of posts will be looking at the issue of linguistic and uttered blasphemy in Hanafi law and the Farsi language. These translations are from the book Alfaz-e Kufr Farsi Dar Fiqh Hanafi written by Shaykh Rasul Jafariyan. This book is a compilation of several treatises as well as Shaykh Jafariyan’s own articles and analysis of this phenomenon. What follows in this first post is a continuation of a discussion from part 1, between pages 29-41.
Written Works on Alfaz al-Kufr in Hanafi Jurisprudence
The literature on alfaz al-kufr (blasphemous expressions) in Hanafi jurisprudence is a deeply rooted topic and the subject of serious scholarly research. This issue has led to the creation of several works, starting at least from the 6th century AH among the Hanafis. As mentioned earlier, these writings were primarily produced by Hanafis, and such literature is generally absent in other schools of jurisprudence.
The topic of apostasy and apostates is typically discussed under the Kitab al-Siyar or Kitab al-Jihad. After the conclusion of discussions on jihad, a section titled Ahkam al-Murtaddin is introduced, addressing issues related to apostasy and its rulings. Major Hanafi legal encyclopedias include this discussion.
Some of these works, written exclusively in Arabic, follow the principles of Hanafi jurisprudence in exploring this subject. An example is Al-Hidayah fi Sharh Bidayat al-Mubtadi by Imam Burhan al-Din Abu al-Hasan Ali ibn Abi Bakr al-Marghinani (511–593 AH). In the fourth volume of this book (Karachi: Maktaba al-Bushra, 2011, 4/303–324), the section Bab al-Bughah (Chapter on Rebels) addresses this issue in a similar manner. The continuation of related discussions often follows. However, the rearrangement of certain chapters in legal texts is a common occurrence.
Another significant legal compendium is Al-Muhit al-Burhani by Imam Burhan al-Din Abu al-Ma’ali Muhammad ibn Sadr al-Shari’ah ibn Mazah al-Bukhari (551–616 AH). In its seventh volume (Karachi: Idarat al-Qur’an and Al-Majlis al-Ilmi, 2004, pp. 397–643), it addresses various topics related to apostasy, including discussions on alfaz al-kufr. The Persian phrases related to alfaz al-kufr from this book are included under the same title in the following section.
Another encyclopedic work that extensively addresses this topic is Al-Fatawa al-Tatarkhaniyya. The Persian phrases from this book, along with a brief explanation of the text, have also been collected in a separate article.
Naturally, it can be assumed that other Hanafi legal encyclopedias have also addressed this topic. The difference between the writings of Hanafis and others lies in the fact that the Hanafis have discussed apostasy, especially alfaz al-kufr, in considerable detail, even dedicating small and large independent treatises to the subject. Some examples of these treatises that we were able to identify are as follows:
One of the oldest treatises on this topic is Jami’ al-Alfaz al-Kufr by Abu Abdullah Badi’ al-Din (resident of Sivas in 620 AH). A ten-leaf manuscript of this work has been obtained from the Multaqa Ahl al-Hadith website.1
Another treatise is Al-Najat min Alfaz al-Kufr by Arabshah ibn Sulayman ibn Isa al-Bakri al-Hanafi (d. 695 AH), which is organized into thirteen chapters. Munzawi mentioned a treatise titled Alfaz al-Kufr by Abu al-Fadl Muhammad ibn Ishaq ibn Abi Nasr. Its time of composition is not specified, but it is in Persian, starting with: “Praise be to God, the Creator of both worlds and the Sustainer of His servants; blessings and peace upon the prophets and the pure ones.” (Fihristwara-yi Kitabha-yi Farsi, 9/126, citing Turkey, Bursa, manuscript no. 315 Sh. 55; Çelebi, 4/1184).
Another brief work titled Husn al-Islam by Mawlana Ghanim ibn Muhammad al-Baghdadi al-Hanafi (d. 1030 AH) is available. In this text, students of religious knowledge posed questions about alfaz al-kufr, and he provided answers.2
Haji Khalifa mentions another book titled Risala fi Alfaz al-Kufr by Abu Ali ibn Muhammad ibn Qutb al-Din (without mentioning the year of his death). This treatise categorizes discussions on lafz al-kufr into sixteen sections. He also notes that there is a Persian treatise on this topic by Qadi al-Qudat Kamal al-Din al-Zayli, which is referenced in Fatawa Tatarkhaniyya.
Muhammad ibn Isma’il ibn Mahmoud ibn Muhammad, known as Badr al-Rashid al-Hanafi, authored a book titled Alfaz al-Kufr, which was later commented on by Mulla Ali ibn Muhammad al-Qari al-Hanafi (d. 1014 AH). A manuscript of this commentary is housed in the Majles Library under catalogue number 8872 (folios 192–216).
The edited text of Mulla Ali al-Qari’s treatise, which is missing the first section of the book due to omissions and whose print details are unclear, is available for download on the Telegram channel Imam Abu Mansur Maturidi al-Hanafi.
In the same aforementioned collection (No. 8872 Majles, folio 276), there is a three-page treatise discussing the interpretation of alfaz al-kufr, which begins with: Risala fi Tahqiq al-Iman wa al-Kufr lil-Kharbudi. An image of the page is as follows:
Mulla Ali ibn Muhammad al-Qari, in his treatise Dhaw’ al-Ma‘ali Sharh Bad’ al-Amali (Beirut, 1438 AH), which primarily explains doctrinal poetry, includes a section titled Hukm al-Talafuz bi-Alfaz al-Kufr (pp. 135–141).
Yusuf ibn Junayd Tuwqadi, a renowned Ottoman scholar known as Akhi Yusuf (d. 902 AH), authored a book titled Hadiyat al-Muhtadin fi Alfaz al-Kufr.3
A one-page treatise titled Al-I‘tiqadat wa Alfaz al-Kufr by Taqi al-Din Muhammad ibn Pir Ali Bargawi (written in the 12th century AH) is preserved in the Majles Library. It is described as: A very concise treatise in Arabic and Turkish, with an Ottoman dialect, discussing whether the repentance of someone who has uttered alfaz al-kufr is acceptable or not.
A treatise titled Alfaz al-Kufr is preserved in the National Library under No. 5/2682 (folios 154–171). Based on its description, it is written following prominent works in Hanafi jurisprudence, including Risalat al-Kufr by Imam Muhammad ibn Isma’il. I do not have an image of this treatise.
Another treatise, Sharh Alfaz al-Kufr, cataloged under No. 13993 in the Majles Library, lacks an author’s name. However, it comprehensively addresses this topic based on the same Bukhara Hanafi jurisprudential tradition. It includes many of the Persian phrases that we have cited later from Fatawa Tatarkhaniyah. Many of these terms are corrupted in this treatise, but it demonstrates that up until around the 11th century AH, Persian terms from Transoxiana continued to appear in such texts. This treatise is bound alongside a jurisprudential work titled Tanwīr al-Adhān wa al-Damā’ir fī Sharh al-Ashbāh wa al-Naẓā’ir, written in 1095 AH in the Masoudiyah School located in the city of Amid.
The fourteenth treatise in Collection No. 9183 at Tehran University, Bayan Alfaz al-Kufr (folios 155–159), is written in Arabic but still includes Persian phrases. For example, it states: If someone consumes alcohol and another says, “Mubarak Bad” (Congratulations), he becomes a disbeliever. However, the number of Persian phrases in this treatise is significantly reduced compared to earlier periods. This demonstrates that such expressions have become formalized in Hanafi jurisprudence under the section on Alfaz al-Kufr as a recognized model. Among the works of Ahmad bin Mustafa Kamshkhanawi Khalidi Hanafi (d. 1311 AH), there is a book titled Jami’ al-Mutun fi Alfaz al-Kufr wa Tasheeh al-I’tiqad wa al-A’mal, which indicates the continuation of this discussion in Hanafi jurisprudence until the 14th century AH.
A two-page treatise titled Alfaz al-Kufr by Muzaffar bin Ibrahim ibn Abi al-Khatib is also included in Collection 5/664 at the Faculty of Theology, University of Tehran.
If the sources of the Fatawa Tatarkhaniya, which we will discuss later in this section, are reviewed, dozens of references can be found addressing this topic. Additionally, an independent treatise in Persian on this subject, authored by the master behind the Fatawa, was available to him, from which he has quoted extensively, and we have included these excerpts verbatim here.
A manuscript titled Muhimmat al-Mufti in Collection 18 at the Masih Pasha Library in Turkey contains a chapter on Alfaz al-Kufr. It begins by stating: “Kufr may occur because of a person’s lips, as it is the site of faith and the Qur’an. If someone curses the lips or nose of a believer, they become a disbeliever.” It then clarifies: “Not the nose, but the tongue, because it is the site of faith. If someone curses the tongue of a believer, they become a disbeliever. However, the tongue of a disbeliever does not carry this ruling because the word of disbelief is already present on it.”
This last point is significant, as it explains why verbal kufr is emphasized in Hanafi jurisprudence. This importance stems from the role of the lips in uttering the Shahadatayn. The text proceeds with further Arabic discussions on kufr. For instance, it states: “If someone curses the animal they ride, they are belittling a blessing of God, and this is a great act of disbelief.” This is attributed to Abu Hanifa.
Persian expressions are sparse on these pages. One example states: “If someone says Darvish darvishan, they become a disbeliever because it implies permissiveness.” It continues: “If someone denies the caliphate of Abu Bakr or Umar, then, according to the correct opinion, they are a disbeliever (fahuwa kafir). In all these cases, their spouse is separated from them, and they must repent and remarry. However, in the case of cursing the Prophet, their repentance is not accepted.”
In the continuation, additional cases are mentioned, including this: “If someone says, ‘It is the time for the disbelievers, not the era of the Muslims’ they become a disbeliever.” If they say, ‘Hope lies with God, and then with you,’ this is a mistake.” Another Persian example is cited but is illegible. The text then states that cursing Yazid is not permissible, nor is cursing Hajjaj. Other cases are elaborated in Arabic, including some intriguing examples. For instance, a narration from the Prophet (p) is mentioned: “Listening to music is forbidden, and whoever listens becomes a disbeliever.” These discussions are recorded between folios 179 to 188. A sample page is provided here.
Parallel to these treatises, which are often titled Alfaz al-Kufr or similar names facilitating takfir, there is a treatise titled ‘Adam Jawaz Takfir al-Mu’min housed in the Suleymaniye Library under No. 1041 (folio 168). The author, Shaykh Muhammad Madani, begins with a hadith from the Prophet (p):
“Do not call the people of your nation disbelievers, even if they commit major sins. Pray behind every imam, pray for every deceased Muslim, and strive with every leader.”
He follows it with other narrations emphasizing that takfir is a significant matter, and believers should not be declared disbelievers lightly. He cites scholars stating:
“Takfir is a grave matter; do not make a believer a disbeliever.”
The treatise claims that while takfir frequently appears in the writings of certain adherents of the faith, it is not prevalent among jurists, who are the mujtahids. It emphasizes:
“In the words of the scholars of the madhhab, takfir is frequent, but this is not from the jurists, who are the mujtahids. One cannot rely on the words of non-jurists.”
The treatise provides a brief discussion of the conditions for takfir with references to certain jurisprudential sources. This treatise is five pages long. In the same collection, the subsequent treatise addresses amulets and begins with a complaint against those who perform takfir over trivial matters. A similar discussion is found in its third chapter, titled: “Chapter Three: On Not Declaring Muslims Disbelievers Based on What Preachers Speculate in Their Thoughts.” (folio 176).
Perhaps it is worth noting that the discussion of Alfaz al-Kufr extended into Turkish works as well. For example, the book Tuhfa-yi Shahān (Suleymaniye manuscript, no. 403; folio 159), written in Turkish, contains a chapter titled Alfaz al-Kufr in Persian. A page from it is presented here.
In another jurisprudential text titled Majma‘ al-Anhur fi Sharh Multaqa al-Abhar, on pages 339–341, a large number of examples of verbal kufr are provided in Arabic, most of which are translations of the same Persian examples from Transoxiana. Persian examples also continue to appear among the phrases mentioned.
Sayyid Ali studied in the seminary of Qom from 2012 to 2021, while also concurrently obtaining a M.A in Islamic Studies from the Islamic College of London in 2018. In the seminary he engaged in the study of legal theory, jurisprudence and philosophy, eventually attending the advanced kharij of Usul and Fiqh in 2018. He is currently completing his Masters of Education at the University of Toronto and is the head of a private faith-based school in Toronto, as well as an instructor at the Mizan Institute and Mufid Seminary.
