Praise be to Allaah.
Magic in all its forms in haraam according to all divinely-revealed
laws, and there is scholarly consensus that magic and learning magic
are haraam.
Magic goes against that which the Messengers brought and it opposes
the purpose for which the Books were revealed.
Most of the scholars were of the view that the one who practices magic
is a kaafir whom the authorities are obliged to execute.
Allaah says (interpretation of the meaning):
"Sulaymaan did not disbelieve, but the Shayaateen (devils)
disbelieved, teaching men magic…"
[al-Baqarah 2:102]
"but neither of these two (angels) taught anyone (such things) till
they had said, 'We are for trial, so disbelieve not (by learning this
magic from us)'"
[al-Baqarah 2:102]
This proves that that magic is kufr
Most of the Shaafa'i fuqahaa' were of the view that the one who
practices magic is not a kaafir unless he believes that magic is
permitted or he believes something like the people of Babylon
believed, that practicing magic would bring themcloser to the seven
stars [which they used to worship].
This is subject to further debate; there is no evidence to suggest
that (describing the one whopractices magic as a kaafir) is
conditional upon his believing that to be permissible.
The correct view is that the one who practices magic is a kaafir,
whether he believes it tobe haraam or not. Simply doing magic is kufr.
This is the apparentmeaning of the evidence, and there are no other
texts to contradict this.
Once it is proven that a person is guilty of practicing magic, then he
must be killed. This was proven from a group of the Sahaabah, but it
is not for individuals to carry out this hadd punishment without the
command ofthe ruler or his deputy, because carrying out thehadd
punishments without the authority of the ruler may lead to mischief,
and destroy any sense of security in the society, and undermine the
position of the ruler.
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