Fatwa: Ayatollah Khomeini is not Muslim
Question: What is the Islaamic ruling regarding (Ayatollah) Khomeini?
Response: Khomeini has a book in which he mentions the excellence of the Imaams (Hassan and Hussein et al) of the family of the Prophet (sal-Allaahu `alayhe wa sallam) over and above the Prophets and the Messengers (`alayhim as-salaam); (So) based upon this (statement of his) he is not a Muslim.
al-Haawee min Fataawa ash-Shaykh al-Albaanee â€“ Page 349
Based on this, we can see that it is Kufr (disbelief) to say that there exists anyone superior to the Prophets and Messengers, such as the Shia say of their Infallible Imams. It is therefore the ruling of the scholars that such a person is not a Muslim and outside the folds of Islaam.