What do the learned Ulama-e-Deen and the Mufti’s of Islam decree in the issue of Jhinga (shrimp / prawn). Is it permissible to eat it or not? Or is it Makhrooh or Haraam? Please forward a reply with signature and Official seal.

The Answer: In our Madhab (Hanafi), with the exception of fish, all the other (sea) creatures are regarded as Haraam (not permissible for consumption). Thus, those few who say that the jhinga (shrimp) is not a fish, according to them; it should be regarded as haraam. This humble servant has however, researched this thoroughly and has found that according to the Books of Language (Dictionary); Books of Tibb and the Books of information on animals, the jhinga is regarded a fish. 

It is in Qaamoos: “Irbiyaan (shrimp) which is with the Hamza-e-Maksoora, is a fish, which in appearance is like a large ant.”

It is in Sihah and Taajul Uroos as follows: “Irbiyaan is a whitish fish which looks like a large ant and is usually found in Basra.”

It is in Siraah as follows: “Irbiyaan is a type of fish.”

It is in Muntahi ul Arab as follows: Irbiyaan is a type of fish which is known as jhinga in hindi

It is in Makhzan as follows: “It is known as Roobiyaan and Irbiyaan. It is called Roobiyaan Fish and Machli and Mek Machli and in Hindi it is called jhinga.”

It is in Tuhfatul Mo’mineen as follows, “In Farsi, Roobiyaan is the name of a Fish.”

It is in Tazkira-e-Dawood as follows: “Roobiyaan is a type of fish which is found a lot in the seas of Iraq and Qaam. It is like a reddish crab with lots of legs, but it has more flesh on it.”

It is in Hayaatul Haywaan Kubra as follows: Roobiyaan is slightly red and is a very small fish.

Now after examining all this, then according to Merajud Diraaya it should be Halaal since in the quotation of Merajud Diraaya it is clear that all species of fish are Halaal: “And Taafi is not a fixed species, but it is a description which every species is linked towards.”

It is clearly stated as follows in the Meraj (book as mentioned above), “Such a small fish in which the stomach can not be cut open and it is fried (or cooked) without removing the stomach, then with the exception of Imam Shafi’i it is Halaal according to all the A’ima. It is in Raddul Muhtar that it has been mentioned in Merajud Diraaya. If a fish is found in the stomach of a fish then it can be consumed, but according to Imam Shafi’i (radi Allahu anhu) it will not be eaten as it is regarded in the ruling of bird droppings and according to him, the droppings of the bird is regarded as napaak (impurity).”

We say that it is only regarded as droppings if it has changed its originality. As for those fish which are so small that their stomachs can not be cut open, then according to the Shafi’i Imams, it is not Halaal to consume, since they base this on the (same) ruling that (apply to) the droppings of the bird as being an impurity and according to the remainder of the Ulama, to consume such fish is halaal. 

However, this faqeer (Aala Hazrat) has seen in Jawaahir that all such small fish are Makrooh-e-Tahreemi and this seems to be more correct. It is in Jawaahir as follows: “It has been mentioned that all very small fish are Makrooh-e-Tahreemi. This seems to be more correct. The jhinga (shrimp) looks a lot different from any other fish. It looks more like a worm and it must be noted that the term Maahi (fish) is also used for things which are not really from the fish species, such as a skink or a small limbed lizard, even though it is the young of an alligator and is born on the dry banks of the river Nile (commonly). There is no source according to our A’ima (Learned Leaders) that shows the shrimp to be lawful to consume and even if it is a fish, then the shrimps here are generally very small and the law will be as correctly mentioned in Jawaahir. Thus, it is better when faced with such difference of opinion and doubt to abstain if there is no necessity, and to abstain is Oola (better).

والله تعالٰی اعلم

كتبه عبده المذنب احمد رضا عفى عنه

بمحمّد ن المصطفى صلى الله تعالى عليه وسلم

First Note: It is the manner of the learned scholars to end their decrees with the words “And Allah Knows” which in Arabic will read as follows:

والله تعالٰی اعلم This will be used at the end of the decrees rather than the translation.

Second Note: The above mentioned Arabic text is one of the ways which Aala Hazrat (radi Allahu anhu) ended his decrees and this became one of his well recognised signatures, wherein he referred to himself as the servant of the religion, hopeful of salvation through his Master Muhammad (sall Allaho alaihi wasallam). This will not be translated in the rest of the book, but the actual Arabic text will be used to end the decrees. 

Taken from ‘Ahl as-Sunnah wa al-Jama’ah: an Introduction’Imam Ahmed Raza Barelwi in his fatawa – like other scholars of Ahlu’s Sunnah – has enjoined Muslims to be steadfast in their belief and better their social standing. These are available as small booklets and following are the subjects of his fatawa:

- Shari’ah is the ultimate law and following it is obligatory for all Muslims;

- to refrain from Bid’ah is of utmost importance 

- a Sufi without knowledge or a Shaykh without actions is a joke of the devil;

- it is impermissible to imitate the Kuffar, to mingle with the misguided [and heretics] and to participate in the festivals of the Hindus.

- it is polytheism [shirk] to prostrate to any other than Allah táālā with the intention of worship. And if such a prostration is out of reverence [sajdah at-taĥiyyah], it is Haram.

- it is prohibited to ridicule other muslims and consider oneself higher than others.

- the iconography of the Shi`ah [ta’aziyah] and respecting such icons is forbidden

- Qawwali [sama’a] with musical instruments is forbidden

- it is not permissible for women to travel to visit graves [or maqams of awliya]

- it is not permissible to make pictures of living things.

- abbreviating the blessing ‘sallallahu ‘alaihi wasallam’ to an acronym ‘sa’d lam ayn meem’, [in english it is abbreviated as PBUH] is impermissible

- to visit fake graves [that have no basis or record but simply the product of folklore] is impermissible 

- feeding the poor and needy with the intention to donate the reward to the dead is permissible; but to hold obsequies and banquets where even the rich are invited is impermissible 

—

Translated by Sidi Muhammad Aqdas

Answer:

After looking at various references regarding the age of our beloved mother Sayyidah A'ishah (Allah is pleased with her) at the time of her nikah with the best of all men (peace be upon him), i understand that she was 16-17 years old, and not 6; and the marriage was later solemnised when she was 19 years old and not 9.

The nikah took place 10 years after the announcment of prophethood in 620 CE and Ibn Hisham in his Seerah writes that Sayyidah A'ishah along with Sayyiduna Ali (Allah is pleased with them both) were the first children to accept Islam. This would mean Sayyidah A'ishah had been born before the announcement of prophethood.

According to some of the Historians, she was born in 605 CE which means she was around 15-16 years old at the time of Hijrah and 19 when moved in with the Prophet (peace be upon him).

Most historians have said she passed away at the age of 67 and Imam Al-Usfuri and Imam Ahmad Ibn Hanbal have recorded that she passed away 50 years after Hijrah, 672 CE. If you do the maths, it should tell us the age of Sayyidah A'shah (Allah is pleased with her) at the time of birth and then marriage too.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Question:

As salaamu alikum.
I would like to know weather a husband can use condom/contraception whilst performing intercourse with his wife. Does islam give permission for it.

Answer:

Using a condom in Islamic Law is permissible if it is a mutual agreement between the husband and wife and there is a valid reason for not planning to have a child. If the wife is not happy with the husband using contraception and vice versa then it is disliked and in some cases maybe severely disliked depending on the reason and severity of disagreement. Also, the contraception used must not be made of any impurity such as extracts from an unlawful animal.

The purpose of a condom is to stop the male's sperm from meeting the female's egg which is known as "Azl" in Arabic. The companions of the Prophet Muhammad (peace be upon him) practiced this and the Quran or the Messenger (peace be upon him) never forbade it.

The honorable Jabir (Allah is pleased with him) narrates,

"We used to practice azl whilst the Quran was being revealed (in the time of the Prophet)" (Bukhari)

There is an addition in Muslim,

"And this news reached the Prophet (peace be upon him) and he never prohibited us from it".

This act of avoiding pregnancy must be due to a valid reason.

A relevant example for those who live in Europe is the fear of the child not being given a Islamic environment. Imam Ibn Al-Hummam writes in his masterpiece, Fath Al-Qadeer,

"It is better to practice "Azl" for partners living in a non Dar Al-Islam country where there is fear that the child will not be a pious and practicing Muslim".

If there is no valid reason then the pleasure of Allah is that you give birth to children and be pleased with the way of nature chosen by Allah and increase the human race and add to it's continuity. This is the pleasure of the Prophet Muhammad (peace be upon him) as he said,

"I will be proud of the size of my nation (ummah) compared to the other nations on the day of Judgement".

May Allah give us all children that become pious and add value to the societies they live in.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars) 

Question:

AssalamuAlaykum Wa rahmatullahi Wa Barakatahu..

I have some questions regarding marriage. After some days i am going to marry and want to know some legal and illegal activities during intercourse.

1) Can wife and husband completely naked while intercourse or need to have some clothes on them.

2) Can Wife and Husband see each others private parts?

3) Can Husband kiss on his wifes private parts?

Please tell me regarding this. I have read some books but dont know whether they are authentic or not. Some references says all are permissible and some says Cannot kiss wifes private parts(sexual parts) and can be completely naked.

some says cannot be completely naked and cannot see each others private parts.

I have searched a lot and now completely helpless regarding this issue. Please answer my questions so that i may not do any illegal activities.

JazakAllahu Khairan.

Answer:

1. It is disliked to be completely naked whilst intercourse as the messenger of Allah (peace be upon him) said,

"When one of you enjoys intercourse with his wife, he should cover themselves and not be completely naked like donkeys" (Ibn Majah)

The scholars have said that there is fear of the child being obscene, immoral or sinful if the husband and wife are completely naked whilst intercourse.

2. When husband and wife are not enojoying intercourse it is fine to be completely naked in front of each other as Allah says in the Quran,

"They are your clothing and you are their clothing" (Surah Al-Baqarah, Verse: 187).

However, Muslims should not remain completely naked without necessity as there is fear of exposure to the creation of Allah.

3. The private parts of the human body are Taahir (clean and pure) as long as there is no visual impurity. Therefore it is permissible to touch one's own private parts or the private parts of one's marital partner. The messenger of Allah (peace be upon him) said,

"I do not care whether i touch my nose or my private part (as they are both taahir, clean and pure)". (Muwatta Imam Muhammad).

There are also other narrations in the Muwatta of Imam Muhammad that establish it is fine to touch the private part as it is clean and pure. Some companions would reply to someone who asked, "Cut it off if you think it is impure".

However, Islam teaches purity, physically and spiritually and therefore it is disliked to touch the private part of one's marital partner with the mouth. The mouth is used to recite the Quran and Hadith and also to take the name of Allah and His beloved Prophet Muhammad (peace be upon him). It is not an act of the pious. Some scholars have regarded it as impermissible. Thus one should abstain from such.

And Allah knows best,

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars) 

Question:

asslamualaykum respcted mufti saab. i wanted to know what the opinion of the ulema of the ahl e sunnat have on the aspect of hate in islam 

1) is there any thing as hate in islam 

2) if there is then what or who should we hate

3) who has the right to hate . anyone or just the ulema. 

4) did our predessesors ever hate or did they only show love 

please can you give a detailed answer with examples. 


Answer:

Wa Alaykum Al-Salam

1. Islam is not pacifism. Ab Umamah narrates from the Messenger of Allah (peace be upon him) that he said, “He who loves for the sake of Allah, hates for the sake of Allah, gives for the sake of Allah and refuses for the sake of Allah has completed his Faith (Iman)”. In another narration, “The dearest of actions near Allah is to love for the sake of Allah and to hate for the sake of Allah”.

2. Every Muslim must only hate for the sake of Allah. One must hate all that is prohibited, disliked and wrong in Islam and one should hate those who commit forbidden acts due to their forbidden act.

3. Already answered in number two.

4. All our predecessors acted upon the Qur’an and Hadeeth. Here are two examples. Imam Bayhaqi records that a misguided person asked Sayyiduna Ayyub Al-Ansaari whilst he was walking, “Can you tell me the meaning of a word”. Ayyub Al-Ansari changed his path and gestured with his finger, "Not even half a word". The great Fudayl Ibn Ayad used to say, “When you see a deviant on a path, take another path”.

Allah knows best for His knowledge is complete.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars) 

Question:

Is it permissible to pray behind Deobandis?

Answer:

Wa Alaykum Al-Salam,

From amongst the conditions of an Imam for Salah is that he must not be an open sinner or misguided. The Salah behind such an Imam is Makrooh. This is mentioned in most if not all the books of Hanafi Fiqh. The fatwa is that it is severely Makrooh to perform Salah behind an open sinner or a misguided Imam. It is necessary (wajib) to repeat such salah.

As for the Deobandies, many of their general public are misguided due to rejecting one or more beliefs from the necessities of the Ahl Al-Sunnah. These are beliefs upon which every scholar from amongst the pious predecessors unanimously agreed upon. As for the actual Deobandies, they hold beliefs of infidelity. Such as comparing the knowledge of the Prophet (peace be upon him) with animals, children and mad men, see Hifz Al-Iman by Ashraf Ali Thanwi. Also, that the Prophet (peace be upon him) is the seal of the Prophets but it doesn't mean that another prophet can not come in his or after his time, see Tahzeer Al-Naas by Qasim Nanotwi. And also, that the knowledge of satan is more than the knowledge of the Prophet (peace be upon him), see Baraaheen-e-Qaati'ah by Khaleel Ahmad Ambethwi and verified by Rasheed Ahmad Gangohi.

There are many other beliefs of infidelity mentioned by the deobandi scholars such as Allah can lie in their books which are published even today by their own establishments. May Allah protect every Musslim from such beliefs and opinions. Any deobandi who knows of this and accepts it as correct is also out of the folds of Isslam. Salah behind such a deobandi is haram and the same as performing salah behind a Hindu. See Al-Ataya Al-Nabawiyyah Fi Al-Fatawa Al-Ridwiyyah, Fatawa Mustafawiyyah, Fatawa Amjadiyyah and all the Fatawa of the Scholars who lived where the deobandi sect emerged from.

And Allah knows best.

Zahid Hussain Al-Qadri

(Beggar at the doorstep of Scholars) 

Question:

Is saying Narah Tahqeek correct, some peoplesay that u should say haqsab yaar
because Imam Hassan ismissed out in haqchaaryaar, they also say that nara tahqeekwas started by wahabis, is there any proof on this?can we say it,if one person stops narah tahqeek harchaaryaar, what can we say about such person?

Answer:

It is perfectly permissible to proclaim “Haq Chaar Yaar” for surely the four greatest companions (Allah is pleased with them) according to definite research are upon the truth (Haq). Imam Hasan (Allah is pleased with him) also without doubt is upon the truth and so are many and many other companions. However, missing the name of any of them does not affect the permissibility of proclaiming one, two, three or four of them are upon the truth. This is simply because one does not intend to limit the truth for those he proclaims are on the truth.

If the proclamation is for the Al-Khilafah Al-Raashidah, then verily it is wrong to miss out the name of Imam Hasan for surely without his eminence, that Khilafah is not complete. However, it is clear that the proclamation “Haq Chaar Yaar” is not for the Al-Khilafah Al-Raashidah but for the closest friends of the Messenger of Allah (peace be upon him). This is clear in the word, “Yaar”. The great Imam Qadi Ayad of Spain in his Al-Shifa records from Ibn Mas’ood that the Messenger of Allah said, “Allah has chosen four of them for me”. These are the four friends for whom the proclamation is made. The great Muhaddith and Jurist, Imam Ahmad in his Musnad narrates from Anas that the Messenger of Allah said that the love of four will not gather in the heart of a hypocrite. They are Abu Bakr, Umar, Usman and Ali (Allah is pleased with them all). This is the reason for the proclamation.

A person who stops such proclamation can not be accused until his intention is known. Maybe he has mistaken the proclamation to be for Al-Khilafah Al-Raashidah or for limiting the truth for them four. If that is the case then he is not accused by the Shari’ah. Or maybe he has been misguided to believe the four are not upon the truth. If he does not believe the four great companions to be on the truth then either he is a Shi’ah who believes that the Shaykhayn (Abu Bakr and Umar) are not upon the truth or a Wahhabi who believes that Ameer Al-Mumineen Ali Ibn Ab Taalib was wrong against Ameer Mu’awiyah (Allah is pleased with them both). I mention these two reasons according to our era and verily Allah and His Messenger (peace be upon him) know best.

Whether this proclamation was innovated by the Wahhabies or not has no relevance to its permissibility. This is simply because it is not from the types of resemblance that is prohibited by our Law. It is not a sign of a Wahhabi. Bukhari, Muslim and Abu Dawud have recorded from Ibn Abbas that when the Prophet (peace be upon him) came to Madinah, he saw that the Jews fasted on a specific day, the 10th of Muharram. He (peace be upon him) asked the Jews why they fast on that day. They said that the day is of great importance for us, on this day our Prophet Musa (upon him be peace) was relieved from fir’awn (pharaoh). The Prophet (peace be upon him) said, “We have more right (to celebrate the success) of the Prophet Musa (upon him be peace). Therefore, the Prophet (peace be upon him) fasted on that day and also ordered (the companions) to fast on that day”. According to another narration a companion objected that this is the way of the Jews and the Prophet (peace be upon him) said we shall fast for two days. In the same way, we are the correct Ahl Al-Sunnah Wa Al-Jama’ah and we have more right to proclaim the fact that our Prophet’s (peace be upon him) most beloved four companions are on the truth and verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars) 

Question:

Is there ijmah of siddiue e akbar or maslak of jamoor, if someone says hazrat ali is afzal is he still a sunni? because some people say afew sahaba believe he was afzal.

Answer:

There is an Ijma' of the Ahl Al-Sunnah Wa Al-Jamaa’ah on the fact that Sayyiduna Abu Bak Al-Siddeeq is the most superior amongst the companions of our beloved Prophet (peace be upon him and Allah is pleased with them all). He, who believes that Sayyiduna Ali or any other companion is more superior above Sayyiduna Abu Bakr, is misguided from the Ahl Al-Sunnah Wa Al-Jamaa'ah. This is what Imam Ahmad Raza in his various Fatwas and Sadr Al-Shari’ah in his Bahar-e-Shari’at have established. Imam Ahmad Raza has also written two pamphlets on this issue, “Matla’ Al-Qamarayn” and “Al-Zulaal Al-Anqaa” in which there are many and many references and quotes of our most authentic personalities from the past.

A few quotes from Imam Ahmad Raza (Allah is pleased with him) relevant to the question will be of much benefit. He says, “According to research the word Qat’I is used for two meanings. Firstly, when there is absolutely no possibility of another meaning and nothing affects it, like in Muhkam and Mutawatir. Secondly, there is no possibility of another meaning which is produced through evidence although a possibility remains, like in Majaaz and Takhsees. The first type is known as Ilm Al-Yaqeen and the person who rejects it is known as an infidel. The second type is known as Ilm Al-Tamaaniyyah and the person who rejects such is known as an innovator and misguided. One can in no circumstance call a person who rejects the second type an infidel”.

Imam Ahmad Raza then explains that the superiority of Sayyiduna Abu Bakr is proven through the second type mentioned above. He says, “We do not need to prove the superiority through the first type of Qat’I evidence for we do not call the Tafdeelies, infidels. We seek refuge in Allah from calling such. However, their misguidance is established through the other meaning of Qat’I which only an unaware person would refute. This is because much evidence (Nusoos) has come to prove this and the Ahadeeth have reached Al-Tawatur Al-Ma’nwiy, therefore, weak and unstable possibilities which are not produced through evidence have no affect in Qat’I of this meaning. The scholars of Usool have clearly explained this”.

Further more, Imam Ahmad Raza explains, “Without doubt, weak, in reality has absolutely no contradiction with authentic, therefore weak contradiction will neither cause loss to us neither will it benefit he who refutes us”.

The great Imam also clears the misunderstanding that most people fall victim to whilst dwelling into this issue, “Contradiction is one thing and mere affirmation or negation is another thing. One will realise this when he reads the following Ahadeeth, do not give superiority to a Prophet over another Prophet, do not give me superiority over Yunus Ibn Matta, Adam is the most superior amongst the Prophets and Ibraheem is the best of all creation. Will anyone accept these as a contradiction to the superiority of the Prophet Muhammad (peace be upon him and upon them all)”. Hence the answer to the fact that there are narrations from the Sahabah that another is more superior than Abu Bakr (Allah is pleased with all of them).

Imam Ahmad Raza also explains that the reconciliation between the statements of the scholars is simple after understanding what has been mentioned before. Those scholars who mentioned this issue as Qat’I meant the second type of Qat’I and those who mentioned it as Zanni meant the highest type of Zanni which is the same as the second type of Qat’i. From this we understand that those who mentioned there is no ijma’ on this issue, simply meant that there is no Qat’I Ijma’, (in the meaning of the first type of Qat’i) on this issue.

Verily this issue is not from amongst the Usool of our religion. However, if one says, because this issue is not from the Usool of our religion and not Qat’I, therefore, we are free to choose whether to accept it or not, the Imam says, “Tell them to leave all the necessary (Waajib) aspects of the religion and then observe what kind of a wrath the Shari’ah brings upon them. When it has become known and clearly proven by the statements of our predecessors, it is necessary for one to accept it”. Verily when scholars apparently differ we must reconcile and accept those that are the pillars of our religion, especially those who mentioned this issue as being Qat’i. Imam Ahmad Raza writes, “Amongst them is he who has mentioned this issue most, the lion of Allah, whose blessed face Allah has glorified. It is established through Tawaatur that he would give superiority to the Shaykhayn (Abu Bakr and Umar) above himself and the whole of the ummah. Further he removed all ambiguity from this issue in the narration of Daar Qutni where he said, anyone who gives superiority for me above Abu Bakr or Umar, verily I shall punish him the punishment of an accuser. Imam Zahabi says the narration is Saheeh. Is it possible that Sayyiduna Ali (Allah is pleased with him) would carry out such statement if it was not Qat’I and had contradiction? Whereas it is he who narrates from the Prophet (peace be upon him), wave punishments as much as possible for the Muslims. Amongst them is also Sayyiduna Maymoon Ibn Mahraan who is amongst the Fuqaha of the Taabi’een. He was asked if Abu Bakr and umar were more superior or Ali. His hair rose in fear and his veins began to expand upto the etent that his knife fell from his hand and he said, I had never thought that I’d live to see the day when people begin to give superiority for another above Abu Bakr and Umar. From amongst them is Imam Maalik Ibn Anas when he was asked who is most superior after the Messenger of Allah (peace be upon him), he replied, Abu Bakr and Umar, then he said, is there any doubt in that? Also, amongst them is the great Imam Abu Hanifah. He was asked about the signs of the Ahl Al-Sunnah. He replied that the sign of the Ahl Al-Sunnah is that one believes Abu Bakr and Umar as most superior after the Messenger of Allah (peace be upon him. How can it be a sign if one who believed otherwise would also remain amongst the Ahl Al-Sunnah?). Also, amongst them is the great Imam Muhammad Ibn Idris al-Shafa’I who recorded the ijma’ of the Sahabah and the Tabi’een on this issue. Among them is also the Imam of Ahl Al-Sunnah Wa Al-Jama’ah Imam Ab Al-Hasan Al-Ash’ari, Imam Hujjah Al-Islam Al-Ghazali, Imam Ibn Hajar Al-Asqalani, Imam Ahmad Al-Qustalani, Imam Abd Al-Baaqi Al-Zarqaani and Imam Mulla Ali Al-Qaari and many others (May Allah shower mercy upon them all). Al-Sayyid Al-Shareef Ab Al-Husayn Al-Noori narrated from his Sheikh and Murshid Ale Rasool Ahmadi, he said that I heard from Shah Abd Al-Azeez Al-Dahalwi, he used to say that the superiority of the Shaykhayn (Abu Bakr and Umar) is Qat’I or similar to Qat’I”.

Finally, Imam Ahmad Raza finishes by saying, “The superiority of the Shaykhayn is Qat’I in its second meaning and it is similar to Qat’I in its first meaning. Now it has become clear that if one says regarding those who say there is an Ijma’ on this issue, that even they are established on Zann then he is correct as long as he means Zann Bi Al-Ma’na Al-A’am or Qat’I Bi Al-Ma’na Al-Akhas and this will not cause any loss to us neither will it benefit the rejector. If he meant vice versa then he is wrong and he has no strength to prove his point for the many and many evidences that have been established against him”.

The above are not but extracts from the Khatamah (Conclusion) from one of Imam Ahmad Raza’s pamphlets on this issue. If one wishes then he shall seek refuge towards them for surely they are full of enlightened evidence from the Qur’an, Hadith and the statements of our predecessors and what I have mentioned above is not but a drop from its ocean and surely Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars) 

To perform Salah behind an open sinner or a misguided person whose misguidance has not reached infidelity is severely disliked and must be repeated (Kariha Tahreeman Wa Tajibu I’aadatuhu). In Durar, Tahtaawi Al-Durar, Majma’ Al-Anhar, Tabyeen Al-Haqaa’iq, Al-Fatawa Al-Ridwiyyah, Radd Al-Muhtar, Bahar-e-Shari’at and several other books of Hanafi Fiqh it says, “It is disliked (severely) and it is necessary to repeat such pray for showing disrespect towards them is necessary and they do not care in the matter of their religion”.

The Messenger of Allah said, “When a sinner is praised, it causes the anger of Allah and due to it, the arsh shakes”. In putting forward an open sinner or a misguided person for leading the prayer is showing him much great respect, surely that is praising the person and a means to gain the anger of Allah. The Imam is an intermediate between the servant and Allah and therefore one should be cautious of whom he chooses as his Imam. This is the rule in the Hanafi school and verily Allah knows best.

Zahid Husain Al-Qadri
(Beggar at the doorstep of scholars) 

Question

What is the ruling regarding those people who state that the Ahlul Bayt are more afzal than all the Prophets alaihis salaam except RasoolAllah Sallallahu Alaihi Wasallam?

Answer:

Anyone who believes a person who is not a prophet or a messenger to be more superior than any Prophet or Messenger of Allah is a non-believer (Kaafir). This is clear in our books of fiqh-e-akbar and asgar (Books of beliefs and jurisprudence).

And the knowledge of Allah is complete. 

Question:

What was the purpose of RasoolAllah Sallallahu Alaihi Wasallam's going on Meraj in their bodily form? As many claim that as there was no purpose then there is no haqiqat in there going on meraj in bodily form and it must've been spiritually as some previous scholars have claimed. Are they correct to have this view?

Muhammad Azar

Answer:


The true purpose of Mi'raaj is known by Allah best and mentioned in the Qur’an as, “So that we show him our signs…..”. No action of Allah is free from divine wisdom. How can there be no purpose and no benefit in one one ascending above the heavens and past the Sidrah Al-Muntaha'? How can there be no purpose and benefit in reaching the Arsh of Allah? 
How can there be no benefit and purpose in gaining the closeness to Allah? Can a Muslim say such?

The truth is that the Prophet Muhammad's (peace be upon him) Mi'raaj occured with his blessed body and soul. This is the stance of the Ahl Al-Sunnah Wa Al-Jama'ah. Anyone who differs is from the Ahl Al-Bid'ah (misguided). Mullah Ahmad Jeewan writes in Tafseeraat-e-Ahmadiyyah, "He who says it was only with the soul or in the sleep, is a Mubtadi', Daal, Mudil and Fasiq". Which means he is from the Ahl Al-bid'ah and he is misguided, a misguider and a sinner. There is absolutely no logic in believing the Mi'raaj to be with the soul without the body. This is because, if it occured with the soul on its own, the non-believers of Makkah would not have made a major issue of it and they would have accepted the occurence of Mi'raaj. For every person holds the possibility to travel anywhere with his soul whilst sleeping.

And the knowledge of Allah is complete.

Wa Al-Saamu Alaykum,

Zahid Husain Al-Qadri
(Beggar at the door step of Scholars) 

Question:

Assalamu Alaikum Mufti Sahib. I am a mureed of Huzoor Taajush Shariah and studying Hifz. Every year i lead a few rakaats of Taraweeh. The isha times our Masjid in Keighley (main mosque) have are of the 15 degree ruling. I read the salaah in the mosque and repeated it at home at the correct time. Outside Ramadan I have done the same. What is the proper ruling on isha times and the summer when Isha will not even appear in UK? Can i follow the Sahibain or do I have to follow Imam Abu Hanifa, as i am Taajush Shariah's mureed?

Answer:

Wa Alaykum Al-Salam,

I hope you are well and so are the brothers in Keighley. I pray to Allah that you remain steadfast on the truth all through your life.

Answer:

The time of Isha' Salah according to the great Imam Abu Hanifah is when the horizon becomes comlpetely dark after sunset. When the sun sets, redness appears in the horizon where the sun had set. This redness is known as the nautical twilight. When the redness sets, whiteness appears. This whiteness is known as the astronomical twilight. When the whiteness sets, the horizon becomes completely dark. this is the end time of Maghrib and the beginning time of Isha'.

The Messenger of Allah (peace be upon him) said that the time for Isha' Salah begins when the Shafaq (twilight) sets. Imam Ibn Hummam In Fath Al-Qadeer records that the Messenger of Allah said, "When the horizon becomes completely dark".

In Al-Fatawa Al-Hindiyyah and Al-Fatawa Li-Qadi Khan it says, "Abu Hanifah (May Allah shower mercy on them) said, it is the whiteness which follows the redness upto the extent that if someone performs his Isha' Salah after the redness disappears and the whiteness has not yet disappeared then it is not permissible".

Therefore, if one performs his Isha' Salah before the whiteness sets in the horizon his Salah is invalid and will have to be performed again at the correct time. This is upon which Fatwa is given in the Hanafi School as can be seen in Fath Al-Qadeer, Tasheeeh Al-Qudoori, Bahr Al-Raa'iq, Radd Al-Muhtar, Al-Fatawa Al-Ridwiyyah and Bahar-e-Shari'at.

As for the days when Isha' Time does not occur in specific countries, one shall perform Qada of Isha' Salah in the time of Fajr as mentioned by Imam Ahmad Raza in his Fatawa and by Sadr Al-Shari'ah in his Bahar-e-Shari'at. Al-Sheikh Taaj Al-Shari'ah has also written the same as above in verification of a Fatwa in Fatawa Europe of Mufti Abd Al-Wajid from Amsterdam, Holland.

If such days occur in the month of Ramadan, Mufti Shareef Al-Haq issued a Fatwa saying, if the Muslims regard the Taraweeh Salah as highly important and will cause an uproar if not performed then those Muslims shall follow the Isha' Salah time according to the Sahibayn only in them days and Allah knows best.

Wa Al-Salam Alaykum,

Zahid Husain Al-Qadri
(Beggar at the doorstep of Scholars) 

Question:

Assalaamu Alaykum respected Mufti Sahib,

I have a question regarding the status of our Salah if we were to read behind Imams who are not Hanafis but are either Shafi or Wahabis. I am a University student in London and the Mosques that I go to pray my Salah are Shafi or Wahabi. There isn't any Hanafi mosques in this locality. Is my Salah valid? Is there a difference of opinion among the Hanafis on this issue? What is the relied upon position? Is it better for me to pray alone or behind a bidati? What comments do the Ulema have about some examples we can extract from the Salaf where they had read Salah behind the people of Bida? 

Please can you answer all the contentions that I have put forward. This issue is really puzzling me, and I would like some clarity on the issue. 

JazakAllah Khair 

Wassalaamu Alaykum

Answer:

Wa Alaykum Al-Salam,

Answer:

A Hanafi can perform his Salah behind an Imam who is a Shafa’I as long as the Imam fulfils the obligatory acts and conditions of cleanliness and Salah according to the Hanafi Fiqh as well as fulfilling the obligatory and necessary acts of his own school of thought. Imam Ibn Abideen writes in his Radd Al-Muhtar, “If one knows that the Imam fulfils the obligations of the pre-conditions and conditions of that specific Salah, although he does not fulfil the necessary (wajib) acts, then there is no harm in performing behind him”, similar to this, is mentioned in Bahr Al-Raa’iq of Ibn Nujaym Al-Misri. In Al-Fatawa Al-Hindiyyah, it says that Salah behind the Imam of the other three schools is permissible as long as the Imam does not hold prejudice opinions against our school, he fulfils the obligatiory acts of cleanliness (ablution) according to our school and that his Salah would not be deemed as invalid in our school”. Therefore, if blood exits the body of the Imam, flows onto his skin and he does not perform ablution again then the Salah of a Hanafi behind such an Imam is invalid. In the same book it also says that if one does not know if the Imam fulfils the aforementioned conditions then his Salah will be valid but disliked. In the case that the Imam does cater for the Hanafi followers, it is more virtuous to perform in congregation behind him rather than performing alone. However, in the case of the Salah in congregation being disliked, it is better to perform Salah alone for he is excused from congregation and something disliked to Allah and His beloved (peace be upon him) can not be better than that which is not disliked.

To perform Salah behind an open sinner or a misguided person (one from the people of bid’ah) whose misguidance has not reached infidelity is severely disliked and must be repeated (Kariha Tahreeman Wa Tajibu I’aadatuhu). In Durar, Tahtaawi Al-Durar, Majma’ Al-Anhar, Tabyeen Al-Haqaa’iq, Al-Fatawa Al-Ridwiyyah, Radd Al-Muhtar, Bahar-e-Shari’at and several other books of Hanafi Fiqh it says, “It is disliked (severely) and it is necessary to repeat such pray for showing disrespect towards them is necessary and they do not care in the matter of their religion”.

The Messenger of Allah said, “When a sinner is praised, it causes the anger of Allah and due to it, the arsh shakes”. In putting forward an open sinner or a misguided person for leading the prayer is showing him much great respect, surely that is praising the person and a means to gain the anger of Allah. The Imam is an intermediate between the servant and Allah and therefore one should be cautious of whom he chooses as his Imam. In Mishkaat Al-Masaabeeh, Hazrat Ibrahim Ibn Maysarah narrates that the Prophet (peace be upon him) said, "He who respects a misguided person has helped destroy Islam". The Messenger of Allah (peace be upon him) also said, “Do not sit with them, do not eat with them, do not converse with them, do not perform Salah with them………..”. In Bayhaqi, regarding the great Muhaddith, Imam Muhammad Ibn Mubarak, it says that two deviants came to his gathering and asked Him if they could recite a Hadeeth to Him, Ibn Mubarak replied, "I do not want to hear a Hadith from you". They asked if they could recite a verse of the Qur'an, again Ibn Mubarak replied, "I do not want to hear a verse from you, either you both leave or i will leave". So they left. The students asked why he did not hear a verse for surely they can't fabricate a verse. He replied, “what if they incorrectly commented on the verse and that commentary touched my heart, I would have also become misguided”. It has been recorded by Sheikh Abd Al-Qadir Al-Jilaani that one must not associate with the misguided people to protect his own faith and that Fudayl Ibn Ayad used to say, “When you see a deviant on a path, take another path”. Sayyiduna Ayyub Al-Ansari used to change his path when he used to see a misguided person as is recorded in Bayhaqi. This was the way of our predecessors (Salaf). They did not perform their Salah behind the misguided people. If one claims such then it is upon him to bring evidence. As for the Wahhabies, their misguidance and texts of infidelity are clear upon all (although we are cautious from labelling them apostates) and therefore one's Salah behind them is invalid and must be performed alone if there is no other Imam and verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Question: Assalamu Alaikum Mufti Sahab, Hope you are well and InshaAllah hope to see you soon.
I have been researching about how we have differences in Salah due to them being taken out at different degrees, 

now i read the other question posted about Isha/taraveeh time posted by a Hafiz sahab and your answer to it clarifies many things, however the question i wanted to ask is about the Sehri times. What Degree do Ulamas use to give one hour extra time for Sehri ?? Not all Mosques do it but some of our Sunni Mosques do.

JazakAllah.
Answer:
Wa Alaykum Al-Salam,

The Imams of all schools are united on the time of Fajr which is the time to end the eating of Sehri. The time for Fajr begins when the sun is 18 degrees below the Horizon as has clearly been proven in Dar Al-Qubh An Waqt Al-Subh by the great Imam Ahmad Raza (Allah is pleased with him). The scholars of astronomy are also united on the fact that the twilight begins when the sun appears 18 degrees below the horizon of sunrise which is the break of dawn, end of sehri and beiginning of Fajr. Those people who continue eating after this time has occured, whether that be by mistake or due to following the wrong time table (whether it has been wrongly verified by a Mufti or an Aalim) have not fasted that day. They will have to do Qaza and no Kaffarah is upon them. This is clear in the book of fasting according to our Fuqaha.

As for the one hour extra given in some Masjids, this is nothing but ignorance. This is not based on any degree. This is based on the baseless rule of removing 1 hour and 20 minutes from the time of Fajr, splitting the night in to seven parts and labelling the final part as Fajr or on another basis which has no basis in the Hanafi Law. This is impermissible and worthy of Allah's punishment. Those people who eat for an hour extra after the break of dawn are accountable for missing their fasts as has been mentioned above. Blaming the Masjid committee will not free them from liability and blindly following them is a separate offence. There is no fatwa of a Mufti or Scholar to support such incorrect and invalid timings. These people should fear Allah and fear the questioning on the day of Judgement. May Allah guide the Muslims.

"Some people have thought the final seventh part of the night is Fajr, this is absolutely incorrect" (Bahar-e-Shariat) 

And Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

The Imams of all schools are united on the time of Fajr which is the time to end the eating of Sehri. The time for Fajr begins when the sun is 18 degrees below the Horizon as has clearly been proven in Dar Al-Qubh An Waqt Al-Subh by the great Imam Ahmad Raza (Allah is pleased with him). Those people who continue eating after that time has passed, whether that be by mistake or due to following the wrong time table (whether it has been wrongly verified by a Mufti or an Aalim) have not fasted that day. They will have to do Qaza and no Kaffarah is upon them. This is clear in the book of fasting according to our Fuqaha.

And Allah knows best.

Zahid Hussain Al-Qadri 

Question:

As-salam-mu alaikum, 
Is it permissible to eat the so-called "Halal" KFC's which are now opening around the country. They say they are certified by the HFA. Are we allowed to eat at these "halal" outlets?
What about other fast food chains which have halal stores, such as Subway and Nando's?
What about the halal stores they have in the arab countries, such as Saudi Arabia?

Answer:

Wa Alaykum Al-Salam, 

The essence of all meat is haram and impure. However, any meat of a halal animal slaughtered by a Musslim in the valid way according to Islamic law becomes Halal to consume and pure to use. It's permissibility can be established through the information delivered by a Musslim, if not witnessed the act of slaughtering. The information of a non-Muslim is not sufficient to change any meat from it's essence and establish it as halal. It will remain in it's essence. 

The Hanafi Fuqaha agree that the information of a non-Muslim to establish something haram or halal (Diyaanaat) is not considered (See Hidayah, Jawharah, Radd Al-Muhtar, Al-Ataya Al-Nabawiyyah and Bahar). The Fatwa in the Hanafi Fiqh also says that any meat that is once established as halal and later it is out of the eyes of a believer and in the eyes of a non-believer, it (the halal meat) returns back to it's essence, thus, not halal anymore. See Al-Ataya Al-Nabawiyyah and Bahar for references. 

After knowing the above, it is clear that, firstly, the meat in takeaways which is delievered by a non-Muslim is not halal, secondly, the takeaways where there are no Muslim workers or there are but at some point the meat is out of the eyes of the Muslim and in the eyes of the non-Muslim is not halal and thirdly, organisations which do not consider such rulings are not to be considered as a certification to establish halal. 

As for KFC, Subway and Nandos, I have no information regarding them yet. What i have mentioned above is enough to know the rule in our Hanafi Law. 

And Allah knows best 

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Answer

Wa Alaykum Al-Salam,

The usage of the Huqqah (also known as sheehsha and water pipe) can be permissible and can be impermissible, depending on it's contents (substance). If tobacco is used, which does not have the capibility of intoxicating a person to such an extent that the person would not know what he utters and stumbles whilst walking, it is permissible and there is no reason to regard it as not permissible or haram. In Al-Hadeeqah Al-Nadiyyah, Allamah Abd Al-Ghani Al-Nablusi writes, "From amongst the generally practiced innovations is the usage of the Huqqah and the drinking of coffee which is common amongst the general and specific public in todays time. The truth is that there is no reason for it's hurmah (regarding it haram) and neither for it's karahah (regarding it makrooh). In Al-Durr Al-Mukhtar it is regarded the same as onions and garlic. Ibn Abideen comments on it, "Which is permissibility in the chosen school". Imam Ahmad Tahtawi and Allamah Ab Al-Sa'ood write in it's foot notes regarding the comparison of it with onions and garlic, "it is not hidden that the karahah is minor (tanzeehi) which is permissible".

Today many Scholars have discovered many disadvantages of smoking tobacco and therefore regarded it as severely disliked or haram. Although these opinons are based on assumptions and far from the correct opinion for mere assumptions and estimations are not enough to establish something as severely disliked or haram in Islamic Fiqh, it is still better to refrain from unnecessary consumption.

As for smoking a substance that has the capability to intoxicate a person to an extent where he does not know of what he utters and stumbles whilst walking is impermissible, regardless of its quantity.

For more information on the Huqqah, one should refer to Huqqah Al-Marjaan Li-Muhimm Hukm Al-Dukkhaan written by Imam Ahmad Raza (Allah is pleased with him).

And Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Answer:

To listen to Qawwali is permissible if its conditions are met. This is for the Ahl (capable) as agreed upon by the expert Scholars and glorified Saints (Awliya’) of Allah (Allah is pleased with them all). In todays day and age, the concept of Qawwali has completely changed. Qawwali in the past was that which in today’s custom is known by the names, Hamd, Naat, Nasheed etc. Unfortunately, the name “Qawwali” is now only used if there is an addition of musical instruments and at times with the “add on” of dancing and whirling depending on the mood of those present. Musical instruments are forbidden. And so is dancing if it is with intent. This can be understood from the conditions for the permissibility of listening to Qawwali. Sayyiduna Muhammad Ibn Mubarak Karmani, the Mureed of Khwaja Fareed Al-Deen Ganj-e-Shakar and Khalifah of Mahboob-e-Ilaahi, Sultaan Al-Mashaa’ikh, writes in Siyar Al-Awliya that Hazrat Sultan Al-Mashaa’ikh (Hazrat Nizam Al-Deen, Nizam Al-Awliya) says,

“Sima’ (to listen to Qawwali) is permissible if a few conditions are met. The singer must be an adult and not a child or a female. The listener must only listen to everything in the remembrance of Allah. The words that are sung must be free from obscenity and indecency and they must not be void. Musical instruments must not be present in the gathering. If all these conditions are met, Sima’ is permissible.”

Listening to Qawwali with musical instruments and dancing is not newly attributed to the Chisti Mashaa’ikh but the false accusations had begun already in the time of the great ones from the Chisti Mashaa’ikh. In the same authentic book of the Chishti Mashaa’ikh, it says,

“Someone complained to the Sultan of the Mashaa’ikh that some of the dervishes danced in a gathering where there were musical instruments. He said, they did not do good as something impermissible cannot be condoned.”

In Fawaa’id Al-Fu’aad, Sultan Al-Mashaa’ikh Mahboob-e-Ilaahi himself writes,

“Musical instruments are Haram.”

One who listens to musical instruments must take heed from the aforementioned quotations and especially those who attribute themselves as followers of the great Chisti Mashaa’ikh and falsely accuse them of permitting such acts. They regard it Forbidden and unlawful and these regard it permissible and their tradition. How rude is this accusation! It is from principle that mere tales and stories have no stance against authentic statements and texts.

The Chisti Mashaa’ikh were followers of the Hadith of the prophet Muhammad (peace be upon him). Sayyiduna Sultan Al-hind Khwaja Mu’een Al-Deen Hasan Ajmeri was so steadfast on following the Sunnah that at one point he took oath that he would never miss an act that is a Sunnah of the beloved Prophet (peace be upon him). Would he ever go against such clear prohibitions of the Prophet Muhammad (peace be upon him) after such an oath? Imam Ahmad Raza in Masaa’il-e-Sima’ writes that the Hadith are Mutawatir in prohibition of musical instruments. Here is a very rigorously authentic narration he quotes which is enough for the seeker of the truth,

“Verily amongst my nation (ummah) will be those who will deem permissible the female’s private part (fornication), silk, khamr (alcohol) and musical instruments" (Bukhari, Musnad Imam Ahmad, Sunan Abi Dawood and Ibn Maajah)

Imam Ahmad Raza attended the holy shrine of the great khwaja Ghareeb Nawaz many times and so did his son Mufti A’zam-e-Hind. They have both expressed immense love for the great Sheikh (Allah is pleased with him) and his silsilah and are both adamant on the fact that he prohibited such Qawwali that is listened with the involvement of musical instruments. Allamah Hasan Raza Khan wrote an amazing manqabat in his praise and was adamant that Khwaja Ghareeb Nawaz forbade the use of musical instruments. There is no authentic piece of text to show the great Mashaa’ikh of the Chisti silsilah ever allowed musical instruments, yet people today accuse them of allowing it. On the contrary there is authentic text to establish they forbade such. It is a principle that the weak must not be acted upon when there is authentic and sound opposing it. May Allah open the eyes of the wrong doers and those who falsely accuse due to ignorance.

Some people say that if it was impermissible, the great Mashaa’ikh would not allow it outside their shrines. This is the utterance of their ignorance. It is not the duty of those who have left this world to stop acts that are impermissible from happening outside or on their shrines. This is not considered evidence in the law of Islam. Otherwise stealing would become permissible as it happens outside the Ka’bah; the house of Allah. Prostrating to other than Allah would become permissible as it happens on the graves of many saints of Allah. Females uncovering their beauty and filling their faces with make up and lip stick would become permissible as they attend the graves of many saints with such appearance. Smashing and destroying the shrines and building toilets on them would become permissible as has happened in Saudi on the graves of those who are much greater than all saints; the great Sahabah (Allah is pleased with them). Smashing and destroying the houses of Allah; The Masjids, and building temples for idol worshipping on that very earth would become permissible as has happened in various places in India and the list can continue to many disgusting and atrocious acts becoming permitted. May Allah protect us from such.

And Allah knows best,

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars and Saints) 

Question:

Salaam my question is sometimes i have to listen to music i have no option. i was wondering will this be classified as a sin?reasons why i have to listen to music is because when i go back to manchester my cousin plays music and he plays it really loud also sometimes when we are sat at home he puts music channels on to whichi have to listen i have nowhere else to go as it is only a flat so what would the ruling be on this?JazakAllah

Answer:

Wa Alaykum Al-Salam, 
It is not permissible to listen to musical instruments. There are several Ahadeeth of the Prophet (peace be upon him) which forbid the use of and to listen to musical instruments. Here is one which is rigorously authentic, "Verily amongst my nation (ummah) will be those who will deem permissible fornication, khamr (alcohol) and musical instruments". This Hadith is recorded by Imam Bukhari, Imam Ahmad, Imam Ab Dawood and Ibn Maajah. 
One must refrain from attending places where forbidden acts take place. The excuse written in the question is not a valid excuse according to Isslamic law. One who has no intent of listening to music but music reaches his ears, he is not accountable for it. 

And Allah knows best. 

Zahid Hussain Al-Qadri 
(Beggar at the doorstep of Saints) 

asslamualykum respcted mufti saab. i had a question regaring hypocrisy. 
when a person tells another to do somthing and dosent do it himself in literal terms this is hypocrisy (correct me if i am wrong) but is this the very same hypocrisy that is mentioned in the ahadith? 

Answer:

Wa Alaykum Al-Salam

The Answer:

The Scholars have defined the word Munafiq as, “He who utters Islam from his tongue and does not believe it to be correct in his heart”. This is from the four types of infidelity (Kufr). This is the meaning of the word Munafiq for whom Allah mentions that they will be in the lowest part of the hell fire. 

In Ibn Maajah it says that the Messenger of Allah (peace be upon him) said, “He who finds the Azan in the Masjid, then leaves and does not leave for a purpose and does not intend to return then he is a Munafiq”. In several other narrations the Messenger of Allah (peace be upon him) has mentioned many signs of a Munafiq. However, the Scholars agree that the word Munafiq in these Ahadeeth does not mean he is a non-believer but it means he carries out acts which are similar to a Munafiq who is a non-believer. He has attributes of a actual Munafiq. This has been mentioned in Ashi’ah Al-Lam’aat by Sheikh Abd Al-Haq Al-Muhaddith.

In Fatawa Fayd Al-Rasool, Mufti Jalal Al-Deen Amjadi writes that there are two types of Nifaq (hypocrisy). They are, hypocrisy in belief and hypocrisy in action. A hypocrite in action is the literal meaning of “hypocrite” understood in our custom and surely Allah knows best.

Zahid Husain Al-Qadri
(Beggar at the doorstep of Scholars) 

Assalamu Alaykum Respected Mufti Sahib

What is the ruling of Shariah regarding the Following?

A certain Sunni Aalim was approached for treatment by a Muslim Female with the permission of her husband. After arriving at their home, the Aalim asked to speak to the women in private, he then told her the treatment will be as follows, he will have to tie a string on his private part and she will have to tie a string on her navel area, and then they both will become intimate with each other.
The next day the Muslim female phoned this Aalim whilst in the presence of four Men (Including her Husband) and the Mobile phone was on loud speaker and she said that she cannot go ahead with this type of treatment, he confessed by saying that he did this with a doctor and his wife previously and that the treatment was successful. He again over the phone conversation informed her that the treatment will be as follows, he will have to tie a string on his private part and she will have to tie a string on her navel area, and then they both will become intimate with each other.

This entire conversation over the mobile phone was recorded.

A ruling was requested from a certain Mufti regarding the above issue.

The question to the Mufti was as follows;

What is the ruling regarding this Aalims Imaamat, Lectures and Jummah Khutba?

The Mufti’s response was that this Aalims Imaamat is not permissible. He should be suspended until proven innocent.

We require the Shariah ruling on the following;

Is this Muslim Female’s testimony sufficient in the law of Shariah?

Is the recorded mobile conversation between the Muslim Female and the Aalim a valid proof in the law of Shariah?
Is this suspension life long, if the Aalim cannot prove his innocence?
What is the view of Shariah regarding this Aalim?

Jazakallah 
Wa Alaykum Al-Salam,

Answer:

Wa Alaykum Al-Salam


Any person who intends such acts and speaks such disgusting conversations with any female is a fasiq as Alaa Hazrat has mentioned in Fatawa Rizwiyyah in the chapter of Haj and our Jurists have established in our authentic books. Such person must repent and prevent himself from such in the future. He will be dismissed from Imamah until a certain period of time in which it becomes apparent that he has remained steadfast upon his repentance and has become a changed person. In Fatawa Alamghiri and various other books it says, "The repentance of a sinner is not accepted until a certain period of time has passed in which the affect of his repentance has become apparent".
The duty of a Mufti or a Naaqil is exempt from researching an incident and reaching its reality. His duty is to simply answer what has been asked. For such incidents, confession or witnessing is necessary. The witnessing (Shahadah) of a single female to establish a ruling on a specific individual as in the question is not sufficient. A conversation over the phone is also not sufficient evidence for surely it is a condition for the witness to be present in the place of the incident.

The answer to every question is in the above two paragraphs.

And verily Allah knows best.

Wa Al-Salamu Alaykum,

Zahid Husain Al-Qadri
(Beggar at the doorstep of Scholars) 

Asalam Wa alakum, 
I recently watched a short video of a somewhat popular 'Shiek' putting Hanafis in the same category as Grave Worshippers.
I would just like to know why one might think such a thing, and see some form of hadeeths of certain practices that may or may not lead one to believe such a thing. Also, what is and what is not permissible according to Quran and Sunnah for one to do whilst visiting a grave?

Allah Knows Best,
JazzakAllah Kahir

Answer

To label followers of the Hanafi school of thought as grave worshipers is nothing but ignorance and misguidance and the habbit of the Wahhabi, Salafi and Deobandi sect. The Wahhabi and Salafi make such ignorant comments due to the lack of knowledge they take from the Salaf (the pious predecessors). They try and understand the Quran and Hadith according to their own intellect rather than following the explanations given by the Salaf, yet they call themselves Salafi. Deobandies make such comments due to being highly influenced by the Wahhabi and Salafi sect and also due to the disastrous mixture of beliefs that has reached them through the Fatawa (religious verdicts) and Sawanihaat (Biographies and Historic events) of their Deobandi predecessors. One should refer to books such as Zalzalah by Allamah Arshad Al-Qadri to witness this disastrous mixture and to other books of the scholars of the Ahl Al-Sunnah written in refutation of the aforementioned sects.

It is from the fundamentals in Islam that worshiping anything or anybody other than Allah is polytheism and infidelity. Therefore, to label a Muslim as a grave worshiper is labeling a Muslim as a polytheist and an infidel. The messenger of Allah (peace be upon him) said,

"When a Muslim calls another an infidel, one of them is an infidel".

And the messenger of Allah (peace be upon him) said,

"When a Muslim labels another as an infidel, if he is not an infidel then the label returns upon the caller." (Bukhari)

Those who label Muslims that follow the Hanafi School as grave worshipers should take heed from such Hadith.

In regards to graves, the messenger of Allah (peace be upon him) said,

"I used to forbid you from visiting the graves (but now I give you permission), you should visit them." (Muslim)

Sayyidah Aishah (Allah is pleased with her) said,

"When the dear Prophet (peace be upon him) used to spend the night with her, in the last part of the night he would go to the graveyard of Madinah.” (Muslim)

From the above we understand it is permissible, encouraged and Sunnah to visit the graves of the believers.

When Muslims go to the graves of the pious, they seek Tawassul. This could be supplicating to Allah and using the pious as a medium or directly invoking the deceased to help. This is with the belief that Allah has given them the power to help. This was the practice of the Sahabah. Imam Bayhaqi and Imam Ibn Abi Shaybah have recorded,

“In the time of Umar’s caliphate the people faced a drought. Bilal Ibn Al-Haris came to the grave of the Prophet (peace be upon him) and said, “O’ Messenger of Allah! Plead rain for your nation for they will be destroyed.” The messenger of Allah came into his dream and said, “Go to Umar, give him my greeting and tell him they will be given rain.” Bilal Ibn al-Haris came to Umar and gave him the news. Umar cried and they were given rain.” (Ibn Ab Shaybah in his Musannaf narrated with a sound chain. Imam Bayhaqi in his Al-Dalaa’il. Ibn Katheer in Al-Bidayah Wa Al-Nihayah)

This was also the practice of our pious predecessors. It was the practice of Imam Maalik, Imam Shafa’i and Imam Ahmad. Imam Qadi Ayadh in his Shifa mentions that when Abu Ja’far Mansoor, the second caliph of Banu Abbas came to the holy shrine of the Prophet (peace be upon him) Imam Malik was also present in the Masjid of the Prophet (peace be upon him). The Caliph Mansoor asked Imam Malik,

“O’ Father of Abd Al-Allah, shall I face the holy Ka’bah or shall I face the shrine of the beloved?”

Imam Malik replied,

“Why would you turn your face away from the beloved Prophet (peace be upon him) as he is your means to reach Allah as was for your father Adam (peace be upon him). Therefore, face him and ask his intercession. Allah will accept his intercession.” (Al-Shifa)

Imam Khateeb Al-Baghdadi writes,

“In the days when Imam Shafa’i was in Baghdad he would practise Tawassul through Imam Abu Hanifah. He would come to the shrine of Imam Abu Hanifah as a visitor and would greet him (by saying Al-Salam Alayk). After, he would use him as a means in the court of Allah for gaining his needs.” (Al-Taareekh of Imam Khateeb Al-Baghdad)

Ibn Abideen writes that Imam Sahafa’i said,

"I seek blessings from Abu Hanifa by going to his grave. When I am in need of something I perform two units of salah, go near his grave and supplicate to Allah. My need is fulfilled quickly" (Radd Al-Muhtar)

Sheikh Abd Al-Haqq, the great Muhaddith writes in his Sharah of Mishkaat Al-Masabeeh,

"Imam Shâfi’î said that the grave of Sayyiduna Mūsa Kāzim (Allah is pleased with him) is a place where supplications are accepted immediately" (Ashi’ah Al-Lam’aat)

Ibn Hajar Al-Makki writes,

“It has always been the practice of the scholars and those in need, to go to the shrine of Imam Abu Hanifah (Allah is pleased with him) and use him as a medium to seek the removal of their difficulties. These people believed this to be a means of success and received great rewards from this practice. Whenever Imam Shafa’i (Allah is pleased with him) was in Baghdad, he would go to the shrine of Imam Abu Hanifah (Allah is please with him) and seek blessings from him. He said, whenever I am in need, I offer two units of salah and then go near his grave. I pray to Allah at this place and my difficulty is immediately removed.” (Al-Khayrat Al-Hissan)

Imam Nabhani has written,

“Imam Ahmad Ibn Hanbal practised Tawassul through Imam Shafa’i. Upon that, his son Abd Al-Allah was amazed. Imam Ahmad Ibn Hanbal said, “Imam Shafa’i is such a great person that he is like the sun for mankind.” (Shawahid Al-Haq)

Seeking help from Allah using the deceased as a medium is a tradition of our most beloved Prophet (peace be upon him). He (peace be upon him) would use himself and the past prophets and messengers as a medium in his supplications. For example,

“When the mother of Ali Ibn Ab Talib passed away, the Prophet (peace be upon him) supplicated to Allah in these words, “O’ Allah, forgive my mother, Fatimah Bint Asad and make spacious the place she shall enter through your Prophet and through the Prophets that were before me (that have passed away).” (Ibn Hiban, Imam Hakim and Imam Tabrani in his Al-Kabeer and Al-Awsat)

In regards to the etiquette of visiting the graves, the great Hanafi Jurist, Imam Ahmad Raza (Allah is pleased with him) writes in his Al-Ataya Al-Nabawiyyah and his student, the great Jurist Sadr Al-Shari’ah writes that one should stand near the feet with respect and recite the Quran and supplicate to Allah. They also write that it is prohibited (Mana’) to touch or kiss the garve, impermissible to circumbulate the grave as is practised on the Ka’bah and it is forbidden and an act of infidelity to prostrate to the grave, Worshiping the graves is infidelity. Allah is the source of all help and the friends of Allah are the means of gaining Allah’s help. This is the belief of the Ahl Al-Sunnah Wa Al-Jama’ah. There is nothing in the Quran or Hadith that refutes this belief but in actual fact this belief is established from the Quran and Hadith. Please refer to the articles on Tawassul and seeking help from the friends of Allah to gain a better understanding.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Answer

The Hanafi school of thought is not the only correct school of thought. There are four schools of thought in Islam according to the Ahl Al-Sunnah Wa Al-Jamaa'ah and they are all correct. They are Hanafi, Maaliki, Shafa'i and Hanbali. The consensus of the pious predecessors is as follows in the words of Imam Al-Shah Wali'-Allah Al-Dehelwi in his famous Hujjah-Allah Al-Baaligah,

"The Ummah or those from the Ummah who are considered as an authority, have unanimously agreed until this day, upon the following of these four preserved schools of thought. There is much wisdom in this which is apparent, especially in these days as people have become weak".

The principle that Imam Ab Haneefah (Allah is pleased with him) followed, is to firstly seek an answer from the book of Allah, secondly from the Sunnah of the most beloved messenger (peace be upon him), thirdly from the lives of the rightly guided Caliphs in order of their caliphate, fourthly from the rest of the knowledgeable companions, fifthly from the lives of the great scholars and their consensus and finally, if an answer is not found from the former means only then qiyas (analogy) was considered. Qiyas is to analyse (refer) something with the Qur'an and Hadith and not the intellect. This is in accordance to what Allah, the greatest, says in the Quran,

"O you who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if you have a dispute concerning any matter, refer it to Allah and the messenger if you are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end" (Surah Al-Nisa', Verse 59).

This was the way of the great Imam and thus he was praised by all his contemporaries such as Imam Maalik and by our pious predecessors such as Imam Al-shafa'i and many others. The great scholars of Hadith and Fiqh in his time were his students, like the chief justice of Persia, Imam Qadi Ab Yusuf and the great Muhaddith Imam Muhammad Ibn Mubarak. There are many quotes in his praise of great scholars and there are many great names in the list of his students and those who followed his school of thought. One should read about his eminence in Al-Khayraat Al-Hassaan by Imam Ibn Hajar Al-Makki.

In Bukhari, there is a Hadith that the Prophet Muhammad peace be upon him placed his blessed hand on Sayyiduna Salaman Al-Faarsi and said,

"When Islam moves away from the people to the sky, a man from Persia will bring it back to the people".

The scholars explain that there has been no greater Persian Scholar than Imam Ab Hanifah who benefited Islam in such a great way.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars) 

Question

Mera ik friend ka bhai hai jo Ik Graphics designing company mai Kam krta tha usnai aur uskai kuch dosto nai milker waha sai Ik Hard Disk (Like CD)Nikal le jismai Kamo Besh 80 GB ya 40 Gb ka Data Maujood tha ya us sai kam, Yeh vo data tha Jaisay Koi Customer ata ya Online design tayyar kerwata to usko sample diye jatay jis mai sai isko ik pasand aata tha Baqi Drive mai save kr Liye Jatay thai Kuch Design iskai thai Kuch doosro logo k , ya yeh bhi ho sakta hai saray isi nai design kiye ho , Normally comapny rule hota hai k Koi cheeze baher nhi ja sakti lekin ho sakta hai k Written mai maujood na ho k Koi cheeze ya Data baher jaye Dono Soorto mai kia is data ko use krna Kaisa hai?? Mere Dost ka bhai is company ko chor chuka hai

Please meri yeh mushkil asaan kijiye!!!

Answer

As a Muslim it is one's duty to honor any promises, covenants or contracts he has made with another as long as they do not contradict Islamic Morals. The rights reserved rightfully by a company for it's data must be upheld by all Muslims. If such rights were established by the company then the designer of the company must abide by them rights and return the data and not use it. However, if there was no agreement of such rights or any sort of contract which indicates such rights for the company then the designer is free to use the designs he made and also the designs somebody else made with their permission.

A Muslim must always be honest, truthful and must uphold the rights of others at all times. Taking another's possession is unlawful and that includes one's own data produced under a contract with a company for the company. In such situation, the company is the rightful owner of the data. Any production of designs produced within the hours that the company is paying the individual for may also be owned by the company. This may vary with the custom of the people and the place of the incident. One should refer this to a local Mufti and provide any additional information required for a befitting answer.

And Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Question

Asslaamualaikum wa rahmatullahi wa barkatuhu wa magfiratuhu

Does changing dress after doing wuzu(ablution) is allowed? If allowed as to what conditions ....

Answer

Changing dress after ablution is permissible as the principle according to our scholars is,

"The essence of things is permissibility"

This means that everything is permissible unless prohibited. There is nothing that prohibits one from changing dress after performing ablution therefore it is permissible. It is not mentioned amongst the nawaaqid (nullifiers) of ablution and therefore the ablution will not be affected. However, one should remember that it is not permissible to uncover the satr (that which must be covered) in front of other than one's marital partner. This is a forbidden act and if committed after ablution, the ablution becomes makrooh (disliked) and better to repeat it.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Question

Is it permisible to cut your nails after sunset?

Answer

It is permissible to cut nails after sunset. Some of our predecessors have mentioned it may reduce one's provision (Rizq) if one cuts his nails at night. If one's nails have become very big, such person should cut them as soon as possible whether that be in the day or the night.

It is Sunnah to cut nails on a Friday and it is better to avoid cutting nails on a Wednesday as there is a weak Hadith which suggests fear of catching leprosy. Allamah Shahab Al-Deen Al-Khaffaji writes in Naseem Al-Riyadh that a scholar cut his nails on a Wednesday thinking the Hadith is weak. He caught leprosy. Once he saw the Prophet (peace be upon him) in his dreams and the Messenger of Allah (peace be upon him) said to him, "Did my Hadith not reach you?". The scholar replied that he did receive it but found it to be weak. The Messenger of Allah (peace be upon him) said, "Is it not enough for you that someone says, The Messenger of Allah said?" and with his blessed hands touched the affected area. The scholar became cured and so he was when he awoke.

And Allah knows best,

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Question

I just wanted to know how Sabath was practiced during the time of Musa (Moses) alaihis salam time. I want to know the Islamic understanding of Sabath.



Answer

Wa Alaykum Al-Salam,

We (as Muslims) do not observe the Sabbath but rather have been prescribed Friday as the day of gathering for specific worship. On the Friday we have not been ordered to rest and forbidden from work but rather advised to seek provision after the Friday prayer as mentioned in Surah Al-Jumu’ah. Anyhow, the Sabbath is mentioned in the Quran in a few places where Allah mentions the Jews. For example,

"And verily you know of those from amongst yourselves who broke the sabbath, so we said unto them: become apes, despised and hated!" (Surah Al-Baqarah (2), Verse: 65)

"And ask them (O Beloved Prophet) about the town that was by the sea, when they broke the Sabbath, when the fish would appear and be visible on the Saturday and on other days the fish did not appear. In this way, we tested them due to their wrong doing". (Surah Al-A'raaf (7), Verse: 163. This topic continues till the end of verse 166)

"The Sabbath was appointed only for those who differed concerning it, and verily your lord will judge between them on the day of resurrection concerning that wherein they used to differ." (Surah Al-Nahl (16), Verse: 124)

The explanation mentioned in the books of Tafseer is that Sayyiduna Musa (upon him be peace) ordered his nation to uphold respect for, and revere, the day of Friday. This was in accordance to a command that they must spare a day of the week from work for the worship of Allah. Majority of the nation disputed that the day should be Saturday rather than Friday besides a small group which argued for Friday as was the command of the Prophet Musa (upon him be peace). Allah, the almighty revealed to Musa that Staurday it shall be, made this an obligation upon them and put them to the test. Hunting and all other work was now forbidden. On that day they must not work at all.

One group from amongst a people who lived in a town near the sea disobeyed the command of Allah and transgressed. They dug traps into the sea sides on the Saturday mornings so that water would stream in to them and bring with it, it's fish. This continued for around 40 to 70 years. there were about 70'000 of them. Another group from the people would condemn them from this act. They continued to condemn them throughout the years. At one point they decided to build a wall between themselves and the group that transgressed. This was to separate themselves and their homes from the transgressors in fear that the punishment of Allah would soon come. There were about 12'000 of these people. A third small group of the people remained quiet on the issue. When the time of Sayyiduna Dawood's (upon him be peace) prophethood came, he also forbade them from this act but they continued to disobey. He cursed these transgressors. One day, the transgressors never came out from the door made in the wall for them to enter and exit. Some of the people climbed the wall to look on to the other side and saw that the transgressors had faces of apes. When they entered the door, the transgressors recognised their relatives and came to them. They would sniff their clothes and bodies but could not speak. Allah had left their intellect and senses but taken their power of speech. They remained like this for three days and then they died.

There is much difference in opinion regarding the name and place of this town. From the opinons are, a town between Madinah and Egypt, a town between Madyan and Toor, a town called Tabriyah in Syria or a narration of Ibn Abbas says it was Madyan.

The group that condemned the act were saved as they remained steadfast upon the command of Allah. As for the group that remained quiet, there is a narration that Ikramah mentioned to Ibn Abbas (Allah is pleased with them) that they are forgiven because condoning good and forbidding evil is a collective necessity (wajib kifayah) which had been fulfilled. Ibn Abbas liked this opinion so much that he stood, hugged and kissed the forehead of Ikramah. This is mentioned in Fath Al-Azeez.

The Jews deny any sort of incident in their history and say that it is not found in their books. However, something not mentioned does not necessitate its non-existence and there is nothing that refutes the possibility of such incident.

As Muslims we believe the Quran is the word of God and thus that which is mentioned in the Quran is absolutely true and as for the detail in the commentaries, it is not absolutely authentic but there is no reason to reject it.

We do find that the command was very clear and with emphasis according to the Jewish text from Exodus 20,

“Remember the sabbath day, to keep it holy. Six days shalt thou labour, and do all thy work: But the seventh day is the sabbath of the LORD thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, thy manservant [male slave], nor thy maidservant [female slave], nor thy cattle, nor thy stranger that is within thy gates....” (8-11)

We also find that the punishment of disobeying the command of the Sabbath was very severe. It was capital punishment to be precise.

“And while the children of Israel were in the wilderness, they found a man gathering sticks upon the sabbath day. And they that found him gathering sticks brought him unto Moses and Aaron, and unto all the congregation. And they put him in ward, because it had not been declared what should be done to him. And the LORD said unto Moses: 'The man shall surely be put to death; all the congregation shall stone him with stones without the camp.” (15:32-35)

This was the punishment for merely gathering sticks on a Saturday. The similar punishment in Islam is for those who commit adultery (sexual intercourse between a married person and another person who is not his or her spouse). Only a married person who is loyal and loves his spouse and children can understand the severity of such an irresponsible and unreliable crime. Yet people slander Islam for having such punishments but do not utter a word against the Jews.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of the Scholars) 

Question

 Assalamualaykum, I have memorized Quran 6 years ago and now due to my laziness i have forget it....Please help me telling the way that how to memorize it again...either by only reading more and more or memorizing it..i am a student and have to remain indulge in university mostly ...Please tell me the effective way to quickly memorize it..JazakAllah 


Answer
Wa Alaykum Al-Salam,

May Allah forgive you and your laziness. One must always continue to revise what he has memorised from the Quran in order to protect it in his heart. The Messenger of Allah (peace be upon him) said,

"Be careful in regards to the Quran. I take oath by He in whose hands is my life, there is more chance of it (the Quran) leaving the heart than the camel leaving its rope" (Bukhari, Muslim) 

The Messenger of Allah also said,
"No man reads the Quran and then forgets it but will meet Allah on the day of Judgement with severe leprosy" (Ab Dawud)

Repent to Allah and seek His forgiveness as it is impermissible to be lazy in such matters. Do not waste more time and begin to memorise as much as you can every day. The quantity u memorise is not as important as continuity and steadfastness. If you make it a habit of taking time out every day to recite and memorise a certain amount before sleeping at night or in the morning, and continue everyday without fail then Allah will bless you immensely and make it easy for you. Our pious predecessors always said there is more blessings in that which is done consistently (constantly without missing). Fear Allah and fight the laziness, give priority to the hereafter rather than the future of this materialistic world.

And from Allah is all help,

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Question

What is the compulsory ruling of covered elements needed for a man and women. for example allowed to show face, hands etc...


Answer


The Almighty Allah says in the Quran,

"Tell the believing women to lower their gaze, protect their modesty and to not display their adornment but that which is apparent itself" (Surah Al-Noor, Verse: 31)

From this verse, the Fuqaha (Jurists) deduce that women must cover all their body besides the face, hands and feet. This is supported by the Hadith of our master, the great Prophet Muhammad (peace be upon him),

"When a female has her first menstrual cycle (reaches puberty) then it is not permissible for her to display anything but her face and hands till her wrists" (Sunan Ab Dawood)

The Hanafi Fuqaha allow the display of feet due to the allowance in the chapter of Hajj as mentioned in our books of Hanafi Fiqh,

"All the body besides the face, hands and feet".

Another narration from Sayyiduna Abd-Allah Ibn Mas'ood is not free from benefit,

"An awrah is an awrah (the arabic noun for a female which means a hidden object) when she leaves the house the shaytan glances at her". (Tirmizi)

The female is highly precious and valuable and thus must be wrapped up and covered well whilst in public in the same way as an owner or possessor of precious pearls, crystals or diamonds covers and hides them whilst in public. The aim of both is protection from the evil eye. In our day and age, there are too many (evil eyes).

As for the men, the exalted Messenger of Allah (peace be upon him) said,

"From below the navel till below the knees" (Daar Qutni)

In Durr and Radd it says,

"For the man, from below the navel till below the knees is the awrah which means the navel can be left uncovered but the knees must be covered" (Bahar-e-Shariat)

Those who engage in sports and wear shorts should take heed from this ruling.

This is the compulsory ruling in our shariah and Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars)