this issue - I mean applying the general theoretical rules which are established from the evidences on the responsible individuals - it is not from the issues of Usool (the fundamentals) or Aqeedah, but rather it is from those issues related to Fiqh ul Waaqi' (understanding the state of affairs). And those who look into it may differ in the matter without anyone being sinful or a Faasiq (transgressor) or an innovator if he has striven and exerted his full capacity while researching the issue and studying it. And I also advise our brothers that they should be broad minded while doing research on issues related to the Shareeah in general and in these important issues in specific. And that none of them should be inclined towards extremism for forcing others to accept what he finds to be correct in his view, and that no improper words should be used in these types of discussions, and it is not allowed to accuse anyone who has done Ijtihad for seeking the truth and for knowing it". (1)

Also Abu Musa'b as-Suri does not consider every individual from the group as a Kaafir, and he said after giving a long talk regarding the abstaining groups in which he concluded that - "The reality that is clear from the Shareeah - and Allah almighty knows best - is that these fighters as a whole take the ruling of their banners and their group as we mentioned previously. So whoever fights us under the banner of an apostate ruler, then we fight them as a group of apostasy, and whoever fights us under the banner of the Americans and disbelievers then we fight them as a group of Kufr ... And so based on this it is not allowed to pray for their dead, and they are not to be buried alongside the Muslims. However a very important point to be noted is that we do not judge every single individual amongst them as being a Kaafir". (2)

Sheikh Ali Al-Khudayr (3) was asked "If an abstaining group is found and there is amongst them Kufr such as judging by the Taghout and seeking judgment from the Taghout, then is everyone to be made Takfeer upon based on the apparent, or they should be differentiated based on preventives and causes?" And he answered "It is not allowed to make Takfeer on all of them ". (4)

Secondly, has there actually occurred an Ijma'a on the Kufr of the abstaining group? Sheikh Naser Al Fahd, who they consider to be their Sheikh, said "And know that Sheikhul Islam has not mentioned the consensus of the jurists regarding their Kufr, rather he has mentioned the consensus regarding fighting them. As for the Sahaba then he has mentioned in several places that they are in agreement that they are apostates, however this came by way of interpretations after analyzing the causes, not by a clear text from the Sahaba. So the issue which the Sahaba had agreed upon clearly and in practice - which is fighting- has no disagreement amongst the jurists over it. As for the reason for this fighting and its cause, then it is not clear as has been mentioned previously, and thus they differed with regards