by Admin | Jul 16, 2020 | Janāzah (Funeral), Q&A
Question:
Assalamu alaykum. What is the ruling on reciting the first and last portion of Surah Baqarah at the grave right after burying the deceased? A local Alim says that it should be avoided as it is not authentically proven.
Jazakumullah
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Wa‘alaykumus salām wa-raḥmatullāhi wa-barakātuh
Once the deceased has been buried, it is mustaḥabb (desirable) for the opening (first five) verses of Sūrah al-Baqarah to be recited by the head side and the last two verses of Sūrah al-Baqarah at the feet side. However, this practice should not be regarded as compulsory; if people begin to consider it compulsory, then it should be occasionally left out. [i]
Consider the following narration:
عن عبد الرحمن بن العلاء بن اللجلاج، عن ابيه أنه قال لبنيه اذا أدخلت القبر فضعوني في اللحد وقولوا: بسم الله وعلى سنة رسول الله، وسنوا علي التراب سناً، واقرأوا عند رأسي أول البقرة وخاتمتها، فاني رأيت عبد الله بن عمر يستحب ذلك. (تاريخ يحيى بن معين برواية الدوري ٢/٣٧٩، حديث: ٥٤١٣. السنن الكبرى للبيهقي ٥/٤٠٤. المعجم الكبير للطبراني بتصرف يسير ٨/٢١٩)
The following muḥaddithūn narrated the above narration with the reference of aṭ-Ṭabrānī and have authenticated it:
1. Al-Haythamī in “Majma‘ az-Zawā’id” (3/124)
2. Az-Zayla‘ī in “Naṣb ar-Rāyah” (2/302)
3. Ibn Ḥajar al-‘Asqalānī in “ad-Dirāyah fī Talkhīṣ Naṣb ar-Rāyah” (1/241)
4. Ash-Shawkānī in “Nayl al-Awṭār” (p. 80-81)
5. An-Nimawī in “Āthār as-Sunan” (p. 272)
6. Ẓafar Aḥmad ‘Uthmānī in “I‘lā’ as-Sunan” (8/342)
7. ‘Abdullāh al-Ghumārī in “al-Ḥāwī” (p. 31)
8. Wahbī Sulaymān al-Ghāwijī in “Arkān al-Islām” (p. 312)
The above has been cited by Muftī As‘adullāh Khān Peshāwarī in a lengthy treatise written on this topic, titled: “Qabr Par Sūrah Baqarah Awwal-o-Ākhir Kī Tilāwat – Ek Taḥqīqī Jā’izah”. For detailed research on this topic one may refer to the above-mentioned treatise.
Note: It is not permissible to appoint and pay someone to recite the Qur’ān at the grave. Such practice is ḥarām.
And Allah knows best
(Mufti) Bilal al-Mahmudi
11 Dhū l-Qa‘dah 1440 / 14 July 2019
Concurred by: Mufti Faisal al-Mahmudi
[i] عن عبد الله بن عمر (رضي الله عنهما) قال: سمعت النبي (صلى الله عليه وسلم) يقول: إذا مات أحدكم فلا تحبسوه وأسرعوا به الى قبره، وليقرأ عند رأسه فاتحة البقرة، وعند رجليه بخاتمة البقرة. (البيهقي في شعب الايمان والطبراني في المعجم)
وفي السراج: ويستحب أن يقرأ على القبر بعد الدفن أول سورة البقرة وخاتمتها. (حاشية الطحطاوي على مراقي الفلاح. ص ٦٢١. قديمي)
وكان ابن عمر (رضي الله عنهما) يستحب أن يقرأ على القبر بعد الدفن أول سورة البقرة وخاتمتها … فقد ثبت أنه عليه السلام قرأ أول سورة البقرة عند رأس الميت وأخرها عند رجليه. (رد المحتار على الدر المختار. ج ٢، ص ٢٣٧ و٢٤٢. سعيد)
(أحكام الجنائز للإمام إبراهيم بن يوسف البولوي. ص ٢٨١. دار الضياء)
(تأليفات رشيديه مع فتاوى رشيديه. ص ٢٣٢. مكتبة الحق ممبي)
(امداد الفتاوى. ج ١، ص ٥٧٢-٥٧٣. مكتبه دار العلوم كراتشي)
(كفايت المفتي. ج ٥، ص ٤٩٦. جامعه فاروقيه)
by Admin | Jul 16, 2020 | ‘Aqīqah, Q&A
Question:
Assalamu alaikum. Can you please clarify what is the status of slaughtering an animal (aqeeqah) when a child is born? And is it necessary to slaughter two animals if a boy is born?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
ʿAqīqah refers to the action of slaughtering an animal upon the birth of a child. It could also refer to the meal that is cooked and people are invited towards to partake of it out of happiness for a child’s birth. In the pre-Islāmic era, ʿAqīqah was wājib (necessary), however, its necessity was abrogated in Islam.[1] It is commonly believed by some that ʿAqīqah is a compulsory element of Islam and the one who leaves it out is blameworthy. The fuqahāʾ (jurists) have clearly specified that ʿAqīqah is neither farḍ, nor wājib or sunnah, rather it is optional. Though some have regarded it mustaḥab (desirable).
Imām Muḥammad reports from Imām Abū Ḥanīfah in al-Jāmiʿ al-Ṣaghīr: “ʿAqīqah does not [necessarily] have to be carried out on behalf of a boy or a girl.” Al-Bazdawī comments: “He [Abū Ḥanīfah] by that intends; that it is not wājib or sunnah, rather it is mubāḥ (permissible).” [2]
Imām Abū Jaʿfar al-Ṭaḥāwī writes: “ʿAqīqah is optional, whosoever wishes to do it may do so and whosoever wishes to leave it out, may leave it.” The commentator, Abū Bakr al-Jaṣṣāṣ al-Rāzī then presents a Ḥadīth in support of this view. The Ḥadīth along with the chain of narration has been added in the footnotes. Abū Ja‘far al-Ṭaḥāwī has cited the same view in his Mushkil al-Āthār. [3] Imām Abū Bakr al-Kāsānī also alludes to the same opinion in Badāʾiʿ al-Ṣanāʾiʿ.
It is stated in al-Fatāwā al-Hindiyyah: “ʿAqīqah is carried out on behalf of a boy and a girl – that is to slaughter a goat on the 7th day of birth, hosting guests and shaving the [child’s] hair – as a permissible practice, it is neither sunnah nor wājib. This is how it has been narrated in al-Wajīz by Imām al-Kardarī. [4] The same ruling has been reiterated by ʿAllāmah ibn ʿĀbidīn al-Shāmī in Tanqīḥ al-Fatāwā al-Ḥāmidiyyah.[5]
As for your second question, it is not necessary to slaughter two animals for a boy, one will suffice, however, it is better to slaughter two for a boy and one for a girl. Ibn ʿĀbidīn writes: “If one slaughters a goat on behalf of a boy and one on behalf of a girl, it will be permissible, because Rasūlullāh (ṣallallāhu ʿalayhi wasallam) slaughtered one ram each on behalf of Ḥasan and Ḥusayn (raḍiyallāhu ʿanhumā). (ibid)
In conclusion, we understand that ʿAqīqah is an optional act and at most mustaḥab. If one has the means to do it, one should do so as one will be rewarded. However, if one is financially incapable of doing so, it is permissible to leave it out. In this case, the person should not be made to feel guilty. Lastly, ʿAqīqah can be done before or after the 7th day, though it is better to do it on the 7th day of the child’s birth.
And Allah knows best
(Mufti) Bilal al-Mahmudi
20 Ramaḍān 1441 / 14 May 2020
Other Notable Fatāwā:
ʿAllāmah Ẓafar Aḥmad ‘Uthmānī: “To specify the 7th day for ʿAqīqah is afḍal (virtuous), however, ʿAqīqah will be valid [on any day]. (Imdād al-Aḥkām 4/190)
Muftī Maḥmūd Ḥasan Gangohi writes in regard to how many parts of a large animal (one part of a large animal = one small animal) should be stipulated upon the birth of a boy: “One narration mentions that one part suffices for a boy, though it is better to keep two parts for a boy and one for a girl.” (Fatāwā Maḥmudiyyah 24/149. Fārūqiyyah)
Muftī Rashīd Aḥmad Ludhyānwī: “Whether it is a boy or a girl, one [small] animal shall suffice [as ʿAqīqah], however, it is better to slaughter two [small] animals on behalf of a boy.” He also held the view that ʿAqīqah is abrogated and he proves that this was the view of Imām Abū Ḥanīfah. (Aḥsan al-Fatāwā 7/535-537)
Muftī ʿAbdur-Raḥīm Lājpūrī: “ʿAqīqah is masnūn and mustaḥab.” (Fatāwā Raḥīmiyyah 10/59)
Muftī Taqī ʿUthmānī: “ʿAqīqah is not farḍ or wājib, it is a desirable practice, there is no sin if it is not carried out. The masnūn method is to slaughter two goats [small animals] on behalf of a boy and one on behalf of a girl. (Fatāwā ‘Uthmānī 4/132. Karachi)
Muftī Aḥmad Khānpūrī: “ʿAqīqah is mustaḥab.” (Maḥmūd al-Fatāwā 7/505)
Note: Large animal refers to cattle which includes 7 parts. A small animal would be goat, lamb, sheep etc.
[١] ومنها العقيقة كانت في الجاهلية ثم فعلها المسلمون في أول الإسلام فنسخها ذبح الأضحية فمن شاء فعل ومن شاء لم يفعل. (بدائع الصنائع. ج ٦ ص ٢٩٥. دار الكتب العلمية)
[٢] في الجامع الصغير: محمد عن يعقوب عن أبي حنيفة قال: لا يعق عن الغلام ولا عن الجارية. قال البزدوي الشارح: يريد به: أنه ليس بواجب ولا سنة ولكنه مباح … وقوله: فأحب أن ينسك، دليل على أنه مباح (شرح الجامع الصغير)
[٣] العقيقة تطوع، من شاء فعلها ومن شاء تركها. قال أحمد: روي عن النبي صلى الله عليه وسلم أنه قال: ((كل غلام رهينة بعقيقته، تذبح عنه يوم السابع، ويحلق رأسه، ويدمى)). رواه الحسن عن سمرة عن النبي صلى الله عليه وسلم. وليس في هذا الحديث دلالة على وجوبها، لأن قوله: ((كل غلام رهينة بعقيقته)): لا يجوز أن يكون مراده وجوبها، لأنه لا يخلو حينئذ من أن تكون واجبة على الغلام أو على غيره. (شرح مختصر الطحاوي، ج٧ ص. ٢٩٢. دار البشائر الإسلامية)
قال أبو جعفر الطحاوي: فكان ما في هذين الحديثين قد دل أن أمر [العقيقة] قد رد إلى الاختيار [أي: الإباحة]، لقوله صلى الله عليه وسلم: من ولد له مولود فأراد أن ينسك عنه فليفعل … فعقلنا بذلك أن ما روي عن النبي ص مما قد خالف ذلك كان طارئا عليه وناسخا له (شرح مشكل الآثار، ج٣ ص٨٠. مؤسسة الرسالة)
[٤] العقيقة عن الغلام وعن الجارية وهي ذبح شاة في سابع الولادة وضيافة الناس وحلق شعره مباحة لا سنة ولا واجبة كذا في الوجيز للكردري وذكر محمد رحمه الله تعالى في العقيقة فمن شاء فعل ومن شاء لم يفعل وهذا يشير إلى الإباحة فيمنع كونها سنة وذكر في الجامع الصغير ولا يعق عن الغلام ولا عن الجارية وأنه إشارة إلى الكراهية كذا في البدائع في كتاب الأضحية والله أعلم. (الفتاوى الهندىة. ج ٥ ص ٣٦٢. رشيديه)
[٥] (سُئِلَ) في الْعقيقة كيف حكمها وكيف تفعل؟ (الْجَوَابُ): قال في السّراج الْوهّاج في كتاب الْأضْحيّة ما نصّه – مسْألةٌ: العقيقةُ تطوّعٌ إن شاء فعلها، وإن شاء لم يفعل وهي أن يذبح شاة إذا أتى على الولد سبعة أيَّام … ولو ذبح عن الْغلام شاةً وعن الْجارية شاةً جاز. لأنّ ((النّبيّ صَلّى اللَّهُ عليه وسلّم عقّ عن الْحسن والْحسين كبشا كبشا)) … ولو قدّم يوم الذّبح قبل يوم السّابع أو أخّره عنه جاز إلّا أنّ يوم السّابع أفضل. (تنقيح الفتاوى الحامدية. ج ٢ ص ٢٣٢. المكتبة الحقانية)
by Admin | Jul 16, 2020 | Fiqh, Research & Articles
By Muftī Rashīd Aḥmad Ludhyānwī
Question:
What do the noble scholars say in respect to gathering in the masājid for the purpose of dhikr and the recitation of the qur’ān on the nights of the two ‘īds, 15th of sha‘bān, the last 10 days of ramaḍān and other blessed nights as it has become the common practice in our times? Likewise, in some masājid, great emphasis is given on delivering a speech (on these nights), what is the shar‘ī ruling in regard to this?
Answer:
There are three methods of performing ‘ibādah on these blessed nights in the masājid:
1. One did not intend to come to the masjid specifically to perform ‘ibādah. Instead, people came to the masjid by chance and engaged themselves in ‘ibādah. This method is permissible. However, if such a person made dhikr and performed nafl ṣalāh at home, he would receive more reward. Moreover, it is more virtuous to perform nawāfil at home than performing them in Masjid al-Ḥarām and Masjid al-Nabawī. Consider the following ḥadīth:
عن زيد بن ثابت (رضي الله عنه) ان النبي (صلى الله عليه وسلم) قال: صلاة المرأ في بيته أفضل من صلاته في مسجدي هذا الا المكتوبة (رواه أبو داود)
Translation: It has been narrated on the authority of Zayd ibn Thābit (raḍiyallāhu ‘anhu) that Nabī (ṣallallāhu ‘alayhi wasallam) said: “A man’s prayer in his house is more virtuous than his prayer which is performed in this masjid of mine (i.e. Masjid al-Nabawī) except the obligatory prayers.” (Abū Dāwūd)
2. If coming to the masjid is given importance, then this is bid‘ah. This is because giving importance to carrying out optional ‘ibādah in the masjid is due to one considering it to be more virtuous (than performing ‘ibādah at home). And this is overdoing what the sharī‘ah has sanctioned. Rather, by doing this, one is confronting Allāh and his Rasūl (ṣallallāhu ‘alayhi wasallam). Because to perform nawāfil at home is clearly proven from ḥadīth.
3. In the blessed nights if the optional acts are carried out in congregation, e.g. nafl ṣalāh in congregation or ihtimām (emphasis) is made of speeches, then even this method is bid‘ah. This is far worse than the second method (mentioned above). One evil of it is that which has been mentioned in the second method and the other is that a nafl (optional) act is carried out in congregation which is forbidden.
قال ابن عابدين: وفي الإمداد: ويحصل القيام بالصلاة نفلا فرادى من غير عدد مخصوص، وبقراءة القرآن، والأحاديث وسماعها، وبالتسبيح والثناء، والصلاة والسلام على النبي – صلى الله عليه وسلم – الحاصل ذلك في معظم الليل وقيل بساعة منه. وعن ابن عباس – رضي الله عنهما – بصلاة العشاء جماعة، والعزم على صلاة الصبح جماعة، كما قالوه في إحياء ليلتي العيدين. وفي صحيح مسلم قال رسول الله – صلى الله عليه وسلم – «من صلى العشاء في جماعة فكأنما قام نصف الليل، ومن صلى الصبح في جماعة فكأنما قام الليل كله». اهـ.
[تتمة] أشار بقوله فرادى إلى ما ذكره بعد في متنه من قوله ويكره الاجتماع على إحياء ليلة من هذه الليالي في المساجد، وتمامه في شرحه، وصرح بكراهة ذلك في الحاوي القدسي. قال: وما روي من الصلوات في هذه الأوقات يصلى فرادى غير التراويح.(رد المحتار ج ٢، ص ٢٦. دار الفكر)
Some people complain that it is difficult to attain khushū‘ in ‘ibādah at home due to noise and children crying etc. This is shayṭān’s deception. Khushū‘ in reality is to follow the sunnah method in performing ‘ibādah. If ‘ibādah is performed according to sunnah, then khushū‘ and khuḍū‘ shall follow. And no matter how much one wanes and cries and adopts the expression of khushū‘, but if it is not in line with sunnah, then in light of sharī‘ah this is not khushū‘ in reality.
It is a matter to ponder upon that in spite of tight conditions Rasūlullāh (ṣallallāhu ‘alayhi wasallam) would perform Tahajjud and other nawāfil ṣalāhs at home and he would consider it to be meritorious. Whereas nowadays, we claim that we are unable to attain khushū‘ at home, this is clearly shayṭān’s trick.
Rasūlullāh (ṣallallāhu ‘alayhi wasallam) would be performing nafl ṣalāh whilst ‘Ā’ishah (raḍiyallāhu ‘anhā) would be lying down with her legs stretched out. When Rasūlullāh (ṣallallāhu ‘alayhi wasallam) would go into sajdah, he would tap her feet and she would draw them in. this would continue for other rak‘āt too. The night was dark and neither was there a lantern available, nor was the house wide enough that if one was to lie down properly, the other could make sajdah, also Masjid al-Nabawī was just one step away from his house, then too Rasūlullāh (ṣallallāhu ‘alayhi wasallam) continued to perform his nawāfil at home.
Similarly, some say that when performing ‘ibādah alone, we tend to feel sleepy, but if we gather in the masjid and sit in a talk and perform some nawāfil together, then we can do much more ‘ibādah. However, if we perform ‘ibādah alone at home, we would not even do half of what we’d do in the masjid.
Understand well, the objective of ‘ibādah is not kammiyyah (quantity), rather the reward of ‘ibādah is based on its kayfiyyah (quality). ‘Ibādah which is less in quantity but is carried out in accordance to sunnah is far more better than that ‘ibādah which is in abundance but against the sunnah. The sunnah method is to perform nafl ‘ibādah until one is feeling fresh and lively and once one begins to feel exhausted, one should rest.
Consider the following narration:
عَنْ عَائِشَةَ، قَالَتْ دَخَلَ عَلَىَّ رَسُولُ اللَّهِ صلى الله عليه وسلم وَعِنْدِي امْرَأَةٌ فَقَالَ مَنْ هَذِهِ. فَقُلْتُ امْرَأَةٌ لاَ تَنَامُ تُصَلِّي. قَالَ عَلَيْكُمْ مِنَ الْعَمَلِ مَا تُطِيقُونَ فَوَاللَّهِ لاَ يَمَلُّ اللَّهُ حَتَّى تَمَلُّوا. وَكَانَ أَحَبَّ الدِّينِ إِلَيْهِ مَا دَاوَمَ عَلَيْهِ صَاحِبُهُ وَفِي حَدِيثِ أَبِي أُسَامَةَ أَنَّهَا امْرَأَةٌ مِنْ بَنِي أَسَدٍ. (رواه مسلم)
‘Ā’ishah (raḍiyallāhu ‘anhā) said: The Messenger of Allāh (ṣallallāhu ‘alayhi wasallam) came to me when a woman was sitting with me. He said: Who is she? I replied: She is a woman who does not sleep but prays. He said: Do such acts which you are capable of doing. By Allāh, Allāh does not grow weary but you will grow weary. The religious act most pleasing to Him is one the doer of which does it continuously. (And in the ḥadīth transmitted by Abū Usāmah [the words are]: “She was a woman from Banu Asad.”) (Ṣaḥīḥ Muslim)
And Allah knows best
22 Jumādā al-Ūlā 1396
(Aḥsan al-Fatāwā (1/271-3) Sa‘īd)
Translated on: 14 Sha‘bān 1439 – 30 April 2018
by Admin | Jul 15, 2020 | Ḥadīth, Research & Articles
Imām Muḥammad ibn l-Ḥasan al-Shaybānī al-Ḥanafī had many students who were masters of the Islāmic sciences in their time. Among them was one particular Imām named Abū Mūsa ‘Īsā ibn Abān ibn Ṣadaqah. ‘Īsā ibn Abān stayed in the company of Imām Muḥammad and attained proficiency in fiqh (jurisprudence) under his tutelage. ‘Īsā ibn Abān was appointed as the qāḍī of Baṣrah and he held this post till his demise. ‘Īsā ibn Abān was a prolific ḥadīth memoriser and was initially averse to the people of fiqh.
Muḥammad ibn Samā’ah describes ‘Īsā ibn Abān as being a handsome man. He further mentions: ‘Īsā ibn Abān would offer his ṣalāh with us. I would invite him to attend the lectures of Muḥammad ibn l-Ḥasan al-Shaybāni and he would reply: “These people (i.e. the students of Abū Ḥanīfah) go against ḥadīth.” One day, ‘Īsā performed fajr ṣalāh with us on the day of Imām Muḥammad’s lesson. So, I (Muḥammad ibn Samā’ah) did not allow ‘Īsā ibn Abān to leave until he sat for the lecture.
I approached Imām Muḥammad after the lecture and introduced ‘Īsā ibn Abān to him. I mentioned that he is intelligent and well acquainted with ḥadīth. However, when I encourage him to come to you, he refuses and claims that we contradict ḥadīth. Imām Muḥammad then turned towards ‘Īsā and asked, “Oh my Son! When have you seen us going against ḥadīth? Do not assert something against us before actually hearing us out.” Thereafter, ‘Īsā enquired regarding twenty-five categories of ḥadīth and Imām Muḥammad answered him regarding each query, highlighting to him that which has been abrogated therein whilst producing supporting evidences. Muḥammad ibn Samā’ah mentions, after we left Imām Muḥammad, ‘Īsā ibn Abān turned to me and said: ‘There was a veil between me and the light (nūr) which has now been lifted. I could not have imagined that such a person existed. He then stayed close to Imām Muḥammad for a long period and remained under his tutelage.
(Muqaddimah, al-Aṣl li ‘l-Imam Muḥammad ibn al Ḥasan al-Shaybānī from Tārikh Baghdād)
Bilal al-Mahmudi
20 Shawwāl 1437 / 25 July 2016
by Admin | Jul 15, 2020 | Miscellaneous, Research & Articles
Introduction
We are living in a time when many unqualified individuals tend to express their views on Islam. And likewise, those people who have not studied the rulings of Islam, its jurisprudence, theology and all its various sciences have a tendency of speaking on these grave subjects based on their opinions driven by desires.
The task of issuing fatāwā is one which cannot be handled by someone who has not studied the various Islamic sciences, especially that of issuing legal juristic rulings. Dr Ṣalāḥ Abu l-Ḥājj writes in his muqaddimah (introduction) of Is‘ād al-Muftī[1] that many institutes are negligent toward teaching the science of answering legal rulings.
If our Dars-e-Niẓāmī institutes are examined, one will notice that a special course has been constructed to be taught after the ‘ālimiyyah course known as Takhaṣṣuṣ fi l-Iftā’ wherein students are taught how to deal with contemporary issues and equally, how to answer fatāwā. If a person has not studied this science under a competent muftī, he is unqualified to issue legal rulings. The reason for this is that he will be unable to reconcile between the evidences and various riwāyāt of the madhhab leaving the laymen confused.
It has been observed that a number of graduates love diving into answering fatāwā without understanding the seriousness of this action. It is then that we find ‘ulamā’ adopting isolated opinions from the scholars of the madhhab and straying from the manhaj of iftā’ (may Allah protect us). Students as well as graduates who have not studied the field of Rasm al-Muftī must be cautious in their steps. Shaykh ‘Awwāmah states, “The religion of Allah is above being left as a plaything in the hands of the jesters simply because the unqualified claim to practice the sunnah. Every person has its experts and a person should not transgress his limits.” [2]
After understanding that not every person is actually qualified to issue fatāwā, it is also important to know how serious it is to issue a fatwā without knowledge. Thereafter, we will look at the attitude of our pious predecessors in issuing fatāwā and how cautious they were.
The Gravity of Issuing Fatāwā and Being Bold therein
When a muftī issues a fatwā, he is in effect speaking on behalf of Allah. It is as if he is saying that Allah has disapproved of this and approved of that. It is extremely crucial for the one giving a fatwā that he seeks the ḥaqq (truth) and avoids issuing rulings according to the interest of the people which may appeal to one’s nafs.
Rasūlullāh (ṣallallāhu ‘alayhi wasallam) has said: “Whosoever was issued a fatwā which was not substantiated correctly, then the burden of sin will be upon the one who issued the fatwā.” [3]
In another narration, Rasūlullāh (ṣallallāhu ‘alayhi wasallam) is reported to have said: “Verily, Allah will not take away knowledge all at once. Rather, He will take it away by the death of scholars, until no (true) scholar will remain and then the masses will make ignorant people their leaders. They will be deviated and will also deviate others.” [4]
Shaykh ‘Atiyyah Ṣaqr writes: “The one who is unaware of a particular ruling should consult the specialists (of that field). And whosoever issues a ruling without the correct knowledge has lied upon Allah and His Messenger (ṣallallāhu ‘alayhi wasallam), hence, he is deviated from the straight path and he will deviate others. Thus, it is not permissible for the one who does not have sufficient knowledge to issue a fatwā. Rasūlullah (Ṣallallāhu ‘alayhi wa sallam) was asked about:
- ar-Rūḥ
- The People of al-Kahf
- Dhū l-Qarnayn
He did not answer until waḥy was revealed in which he was given the answers for the three questions.” [5]
Al-Barā’ ibn ‘Āzib (raḍiyallāhu ‘anhu) said : “I saw 300 from the people of Badr; every one of them would desire that their companion gives a fatwā and not them.” [6]
Ibn al-Munkadir states: “A muftī is the joining point between Allah and His creation, so he should be wary of his steps. It is compulsory for him to remain silent if he fears making an error.” [7]
Sufyān ibn ‘Uyaynah said: “I met jurists (fuqahā’) who disliked issuing fatāwā until they would consider it necessary. He also said: Those who are the most competent in issuing fatāwā generally are the most silent in them, and those who are ignorant are the most vocal.” [8]
Imām an-Nawawī writes: “Know well that the position of iftā’ is very sensitive. It is a lofty position and holds great virtue because the muftī is the heir of the Prophets and he is fulfilling a Farḍ al-Kifāyah.” [9]
Ibn ‘Abd al-Barr narrates with his chain of transmission to ‘Uqbah ibn Muslim who said: “I stayed in the company of Ibn ‘Umar (raḍiyallāhu ‘anhumā) for 34 months. Most of the time when he was asked a ruling, he would reply, “I don’t know”. He would then turn towards us and ask, “Do you know what these people are trying to do? They wish to make our backs a bridge for them to jahannam.” [10]
The Attitude of our Salaf (Pious Predecessors)
One of the students of Imām Mālik said: “By Allah! When [Imām] Mālik was asked a question, his condition would become such as though he is standing between jannah and jahannam.” [11]
Al-Imām al-A‘ẓam Abū Ḥanīfah said: “If I did not fear knowledge being lost, I would not have issued a fatwā for anyone.”
Abū Ḥafṣ an-Naysābūrī states: “An ‘ālim should be such that when a question is posed to him, he fears being questioned on the day of qiyāmah (reckoning): ‘From where did you respond?’” [12]
Ibn Mahdī: “I heard [Imām] Mālik say: ‘At times when I receive a query, I spend nights awake in trying to solve that query.”
For more quotes on Tahayyub as-Salaf li l-Futyā, see Muftī Taqī ‘Uthmānī’s Uṣūl al-Iftā’ wa Ādābuh along with its commentary, al-Fatḥ ar-Rabbānī.
Important Advice to the Muslim Masses
In this era of technological advancements, one of the biggest harms the Muslim ummah has faced is that any incompetent person is able to use social media and issue fatāwā. After reading the above statements, one can easily conclude that issuing a fatwā is not something to be taken lightly. Moreover, laymen should consult reputable, competent ‘ulamā’ for their dīn-related queries and not seek advice from self-proclaimed people of knowledge on social media platforms.
It is a sad reality that individuals who sin openly have now become the primary source of seeking knowledge for many. Every person out there with “Abu” or “Ibn” attached to their name does not just somehow qualify as a muftī. These so-called muftīs who perform their own principle-less ijtihād are in reality leading people away from the pristine teachings of Islam. I will leave you with this profound and extremely relevant statement of Ibn Sīrīn (raḥmatullāhi ‘alayh): “Verily, this knowledge is dīn, so be careful who you take your dīn from.”
May Allah Ta‘ālā protect us from the mischief of the mischievous and keep us steadfast on the straight path, āmīn.
Bilal al-Mahmudi
26 Dhul-Qa’dah 1437 / 30 August 2016
[1] Is‘ād al-Muftī ‘alā Sharḥ ‘Uqūd Rasm al-Muftī by Dr. Ṣalāḥ Muḥammad Abū l-Ḥājj (Dār al-Bashā’ir al-Islāmiyyah). See P. 7 onwards.
[2] Athar al-Ḥadīth ash-Sharīf. P. 69–70.
[3] Ibn Mājah (1/20), Musnad Aḥmad (2/321), Sunan al-Dārimī (1/69), al-Mustadrak (1/183)
[4] Ṣaḥīḥ al-Bukhārī (1/50), Ṣaḥīḥ Muslim (4/2058)
[5] Is‘ād al-Muftī (68) – Fatāwā al-Azhar (10/196)
[6] Al-Faqīh wa l-Mutafaqqih (2;165)
[7] Fayḍ al-Qadīr (1/205–206)
[8] Al-Fatḥ ar-Rabbānī Sharḥ Uṣūl al-Iftā wa Adābuh (P.58)
[9] Al-Majmū‘ Sharḥ al-Muhadhdhab
[10] Jāmi‘ Bayān al-‘Ilm wa Faḍlih (P. 316, 899)
[11] Same as 8
[12] Iḥyā’ ‘Ulūm ad-Dīn (1/395)
