He was asked:

What is the meaning of the Prophet’s hadith—may Allah bless him and grant him peace—:

“When a person commits unlawful sexual intercourse, faith leaves him and remains above his head like a canopy. When he ceases that act, faith returns to him.”

It was narrated by al-Tirmidhī and Abū Dāwūd. Is someone a believer while committing unlawful sexual intercourse, or not? Have any of the imams understood this hadith according to its apparent meaning, or have they unanimously agreed to interpret it otherwise?

He answered:

Praise be to Allah. Regarding a sinful Muslim—such as someone who commits unlawful sexual intercourse, steals, drinks alcohol, or the like—people fall into “three groups”: two extremes and a middle position.

One extreme holds that such a person is not a believer in any respect and is not included within the general scope of the rulings attached to the designation of faith. Some who hold this view say that he is a disbeliever, like a Jew or a Christian. This is the position of the Khawārij. Others say: “We assign him a position between the two positions: the position of a sinner, who is neither a believer nor a disbeliever.” These are the Muʿtazilah.

These groups maintain that those who commit major sins will remain in the Fire forever and that none of them will ever emerge from it. This is among the “doctrines of the people of innovation” contradicted by the Quran, the Sunnah, and the consensus of the Companions and those who followed them in righteousness. Allah Most High says:

“If two groups of believers fight, make peace between them.”

Then, further on, He says:

“The believers are but brothers, so make peace