Aayat number 282 of Surah Baqarah, is the longest verse in the Holy Quran, and consists of 21 sentences. “Aayat’ does not necessarily mean sentence; instead, one verse may consist of several sentences, as is the case with verse 282. Some verses of the Holy Quran contain only one sentence, whilst others have more than one.
Our focus here is the meanings conveyed to us by Allah Azza Wa Jall in verse 282 of Al-Baqarah. This aayat was revealed to teach Muslims how to conduct their business dealings and thus provide for greater harmony. There is no gainsaying that poor dealings lead to poor communication, and that in turn leads to break up of unity. Whilst it is clear that the causes of our failure to unite are not only found in bad business dealings, poor dealings can certainly be identified as at least one of the main causes for mutual discord.
To make it easy for readers, we will list hereunder the guidelines mentioned by Allah Ta’ala in verse 282, without going into the full translation of this aayat,
1. When doing a deal on credit, write it down. The word used in the aayat is dayn which means buying goods and paying for them later or paying for them in instalments.
2. If need be, solicit the help of a scribe or accountant to assist in recording the transaction.
3. The scribe or accountant should not refrain from fulfilling this responsibility when asked to do so. It has, thus, been made imperative upon him to record the deal between two parties if they request his assistance.
4. The scribe should write what is dictated and conveyed to him by the debtor (the one owing the money). But he (the debtor) should fear Allah and not cheat by dictating an amount less than what he actually owes.
5. If the debtor is ill or frail and cannot dictate, then he should appoint his representative to dictate the terms of the deal. The representative should be just in this matter.
6. Two witnesses should be present at this deal. Ideally the witnesses should be two adult (baaligh) males.. However, if two men are not available then one adult male and two adult females will suffice.
7. The witnesses must be people of integrity and reliability.
8. The witnesses should not refuse to witness a deal when asked to do so.
9. People should not be lethargic or complacent to write down even the smallest transaction.
10. If the deal is cash then there is no need to put it into writing.
11. However, we are encouraged to have witnesses for all transactions.
12. Witnesses and scribes are not to be intimidated or threatened in any way. This is an act of transgression.
13. Taqwa or God-fearing should be dominant when doing any deal. This will ensure honesty and fairness.
Thursday, January 15, 2009
Better Business Dealings
Thursday, January 8, 2009
Women and Work
In a recent Radio program broadcast from Cape Town and aired on our local community Radio, a female interviewee mentioned that the idea of women not being allowed to work was that of ‘Indian’ Ulema and not standard teaching of Islam. She further averred that the Muslim woman should take her rightful place in society, and that is to get into the work place alongside male counterparts. This article is designed to refute these obnoxious and spurious claims that make a mockery of Islamic teaching.
Firstly, it is great lie to claim that ‘Indian’ Ulema, or Ulema from the Indo-Pak subcontinent rule that women are not allowed to work, for two reasons: One: there is no blanket law in Islam that prohibits a female from working, for that depends on circumstances, as we shall explain further.
Two: when a fatwa was issued prohibiting females from working under specific circumstances, it was based on Quran, Hadith, and rulings of Arab ‘Ulema of the past. This has nothing to do with Indian or Pakistani ‘Ulema. Let us now proceed to understand this issue in proper Islamic terms.
The Shariah of Islam has allocated distinct roles to man and woman. Each of these species of Allah’s creation have unique and singularly peculiar characteristics vested in them by The Permission and Will of Almighty Allah, and based on this Allah Ta’ala has identified certain responsibilities. In Surah Baqarah, verse 233 Allah Ta’ala declares: “And upon the fathers is their (the mothers) sustenance and clothing.” Then in Surah Talaaq, verse 6 Allah Ta’ala commands: “House them (your wives) in the places you live, according to your affordability..” In the very next verse of the same Surah, Allah Taa’la repeats the command to spend on wives from one’s ability. These verses allocate the duty of expenses to the husband, and this then becomes his Shar’ee role. The nature of a man is such that he possesses the ability and strength to go out and work. The emergence of man is in perfect concord with the Law of Nature, which is the Law ordained by Allah.
On the other hand, Shariah has devised a different role for females. In Surah Baqarah, verse 233 Allah Ta’ala states: “And mothers shall breastfeed their babies for two full years… In this verse the mother has been allocated a maximum period of two years for breastfeeding, one of the crucial stages of a baby’s development. Rasoolullah (sallallahu alayhi wasallam) said in a hadith narrated in Saheeh Bukhari: Each one of you is a shepherd and each one will be questioned about his flock. A woman is a shepherd over the household of her husband, and she will be questioned about her charges. Here the Muslim woman is saddled with the task of rearing her children and controlling the household affairs. From these few quotations, which are few of many, it is evident that the role of the female is domestic in essence. This is the natural law for females established by Allah Ta’ala. Note that we have quoted Quranic verses and sayings of Allah’a Noble Messenger (alayhis-salaam). These are not views expressed by ‘Indian’ Ulema.
When humankind go against this natural Law of Allah and they attempt to subvert the Divine System created by Allah The Almighty, the consequences are serious and far-reaching. By sending women out to work alongside men, in breach of Allah’s Law of Nature. the result will be nothing but societal chaos. It is no small wonder that our society today is in such turmoil. Every alteration to nature brings in its wake unbearable consequences. The Holy Quran refers to this as wide-spread corruption on land and in sea because of man’s doings. (Sura 30, verse 41)
The Devil, Iblees swore an oath when he was expelled from Jannat. He said: “I shall certainly command them, and they shall alter the creation of Allah..” (Sura Nisaa, verse 119) ‘Ulema of Tafseer say that this alteration of Allah’s creation refers to any form of change in the Natural Law of Allah, from the shaving of beard to the abandonment of hijaab. The concept of the working woman is exclusively western in origin and essence. Sadly, our Muslim females, having succumbed to this un-Islamic influence, are following suit. Shaytaan has made good his promise in this regard, for undoubtedly the role envisaged by Shariah for women has been drastically altered.
Many ahadeeth of Rasoolullah (sallallahu alayhi wasallam) prohibit females from emerging. Once The Messenger of Allah (alayhis salaam) said: “A woman is an object of concealment. When she emerges, shaytaan fixes his gaze upon her. And the closest she is to Allah is when she is in the innermost recess of her home.” (Tabarani) Here is another emphatic command from Shariah for a female to exercise caution as regards emerging. How can a Muslim then echo statements of the West that ‘females should take their rightful places, alongside menfolk in the work environment’? A female’s rightful place in society is the role allotted to her by Allah Ta’ala.
At the same time, let it be made clear that during times of need, a woman is allowed to leave home. It appears in Saheeh Bukhari that Rasoolullah (sallallahu alayhi wasallam) permitted women to leave the home for the fulfilment of their needs. Hence, if a woman has no form of income and no means of survival, she is allowed to leave home and earn a living, on condition that she retains her hijaab and avoids intermingling with men. It is precisely for this reason that a widow who is in iddat may leave the house between sunrise and sunset to earn a living, whereas the divorcee may not do so since there is a husband to support the latter but not the former.
A woman is also allowed to work from home and acquire income. The Holy Quran has afforded women their share of income. In Surah Nisaa, verse 32, Allah Ta’ala states: “For men is a share of what they earned, and for women is a share of what they have earned.” In this sacred verse, Allah Ta’ala has clearly granted women her individual right to any property that she has earned. So clearly Islam does not deprive women of the right to earn and the right to own property. Islam came to restore and not restrict the rights of females. However, when an individual is granted permission by Allah Ta’ala to acquire certain rights and privileges, he or she may only do so whilst simultaneously observing the other rules and regulations of Shariah.
It is erroneous to assume that one may go about enjoying a privilege granted by Shariah, but at the same time discard other laws that apply to the same individual. For example, when Islam allows man to acquire property, man is still bound to observe the other laws of Islam such as salaah, fasting, Hajj, etc. He may not argue that since Islam granted freedom to work and earn an honest living he had to abandon salaah because work prevented him from offering salaah, or from performing Hajj. In like manner, a female may not contend that since Islam has accorded her the right to earn and acquire wealth, she may discard Hijaab and intermingle with men. In short, all the laws of Islam must apply in harmonious conjunction, and this is quite simple for those who sincerely wish to fulfil the commandments of Allah. Rather than contradict each other, the Laws of Shariah are perfectly complementary to one another, and only people ignorant of Deen will fail to observe this.
From the afore-going paragraphs we can conclude that during times of need, such as when a female has no income and desperately needs money to support herself and her kids, Islam will allow her to work under conditions of hijaab and purdah, whilst avoiding any interaction with men. But for a Muslim female to get into the work environment just to pursue a career and perpetuate a Western trend, is a serious breach of Shariah and conflicts with the Law of Allah. As explained earlier, this is also against the Law of Nature.
Wednesday, December 31, 2008
The Need for Halaal Awareness
Every Believer who has some degree of iemaan knows the importance of consuming halaal. For those with stronger iemaan and intensified taqwa, the consumption of halaal is of primary importance, and for very good reason.
In a narrative delivered by Hazrat Abu Hureira (radhiyallahu anhu) Rasoolullah (sallallahu alayhi wasallam) is reported to have said: “O People! Verily Allah is Pure and only accepts that which is pure. And verily Allah has commanded the Believers with that which He commanded the Messengers; He says (to the Messengers): “O Messengers! Eat from pure, wholesome foods and perform righteous deeds.” (Surah Muminoon, verse 51) And He says (to the Believers): “O Believers! Eat from the pure, wholesome foods that We have provided for you, and offer thanks to Allah if indeed it is He Whom you (truly) worship”. (Surah Baqara, verse 172 ).
Then Rasoolullah (sallallahu alayhi wasallam) mentioned a man who travelled a far distance, was dishevelled, weary and tired. This weary traveller stretches out his hand to Allah in dua, and exclaims: “O My Lord! O My Lord!” Rasoolullah (sallallahu alayhi wasallam) says: “But his food is from haraam, his drink is from haraam, and his clothes are from haraam, so how can his dua be accepted?
THE HALAAL CONNECTION
Aayat 51 of Surah Muminoon underscores the importance of eating halaal and pure foods and by following up the command to eat halaal with the command to do righteous deeds, there is a distinct connection between the two. Ulema of tafseer say that this verse (23:51) is clear proof that eating halaal is the catalyst for good deeds in the life of a Believer. This natural habit remarkably propels man towards piety. These Ulema then infer that since halaal food can produce good deeds in man, it logically follows that haraam food prevents good and induces the perpetration of haraam acts. The verse cited from Surah Baqarah makes reference to this very fact; that the command to eat halaal foods is followed by the instruction to make shukr and to offer true worship. There is, therefore, no room for doubt, that halaal food plays a huge role in the fulfilment of good and the shunning of evil. By the same token, haraam food stifles the predilection of man towards good, whilst creating an insatiable appetite for sin.
DUA AND HARAAM
The narrative of Abu Huraira mentioned previously highlights another calamitous consequence of consuming haraam, and that is the rejection of dua. Here, too, countless Auliyaa and Ulema have concluded beyond all shadow of doubt that the chief cause of our duas not being accepted is the consumption of haraam.
One the one hand, the Ummat-a-Muslima (Muslim Nation) has undergone an outward resurgence of iemaan, but on the other hand, inwardly they have either retrogressed or temporary stalled in spiritual achievement. We sometimes wonder why Muslims are so lethargic when it comes to performance of good deeds, just as we look on aghast at the numerous vices committed by Muslims. There appears to be an increase in the appetite of Muslims for evil and vice, and decline in their desire for good. One reason this retrogressive pattern of Muslim behaviour can be attributed to is the consumption of haraam. Haraam food has the capability of blackening the heart and eroding its (the hearts) iemaani lustre and glitter. With a heart filled with darkness, one loses the inclination for good and hankers after evil. Consuming haraam creates laziness in the rooh and disinclination towards good a’maal. This lethargy towards a’maal-e-saaliha (righteous deeds) then makes one predisposed towards evil and sin. The nafs of man, though ingestion of haraam food, develops an insatiable desire for sin and vice. When this spiritual cancer sets in, it becomes extremely difficult if nigh impossible, to reverse the process and make man more inclined to good than evil. The only way, really, to achieve this, is to wean off the nafs from haraam. It is with this motive and objective in mind that we perceived the need to highlight the importance of halaal consumption.
DECEPTION
At this juncture, let it be known that we are focussing on one aspect of haraam consumption, and that is haraam foods, particularly meat and poultry. Many Muslim families and individuals will consume meat and chicken served at non-Muslim restaurants or roadhouses without the least concern for haraam and halaal, just on the basis of a certificate.
It is important for the Muslim public to understand the nature of halaal certificates that non-Muslim outlets possess. A non-Muslim’s main concern is to rake in as much money as possible through his business. He has absolutely no concern for halaal and haraam. In reality a disbeliever could not care less whether a Muslims eats halaal or haraam; instead some of them are bitter opponents to the halaal and haraam industry. We thus discovered in the past that some non-Muslim food establishments produced faked certificates just to hoodwink Muslims and capture their business.
Recently, in Port Elizabeth a certain fast food outlet issued leaflets advertising their products. In one corner of the leaflet there appeared, in small print, the halaal logo of a famous national halaal certifying body. This obviously created the perception to Muslims that the products of this outlet were certified by a Muslim Body and were thus halaal. However, upon investigation it was revealed that this outlet was never ever certified by the Halaal Certifying Body. Somehow, this Port Elizabeth outlet managed to obtain leaflets that were distributed by its Johannesburg branch, which is managed by Muslims and certified halaal, and issued these to local consumers. Obviously, this created the impression that the PE branch was also halaal certified.
On another occasion, tenders were given out for halaal food to be supplied to a certain prison. One of the tenders came in from a non-Muslim food supplier who produced photo-copies of an original halaal certificate that they had managed to procure from a Johannesburg branch, yet the certificate clearly states: PHOTO-COPIES NOT VALID. These are just a few examples of how non-Muslim establishments will hoodwink Muslims just to win their patronage. Theses atrocities in the halaal industry will continue to plague our Muslims for they have become so accustomed to eating out and dining at non-Muslim restaurants and food establishments. Muslims will purchase meat and chicken from non-Muslim chain stores on the flimsy (and totally absurd) grounds that “the till slip says ‘halaal’!´ This is indeed atrocious, and laughable had it not been so serious.
Many Muslims are victims of consuming haraam unknowingly. But being unaware of the permissibility of a product is no excuse when strong grounds of doubt exist. Rasoolullah (sallallahu alayhi wasallam) said: “Halaal is clear and Haraam is clear. Between the two, there are doubtful items. He who avoids these doubtful items has purified his honour and his Deen. And he who indulges in items of doubt, will soon fall into haraam.” (Bukhari Shareef) This hadith shareef refers to those items or acts that have become doubtful on the basis of strong reasons. Can there be a stronger reason for doubt than the fact that kuffar are procuring, preparing, cooking and serving these meat and chicken products that we Muslims consume?
CERTIFICATES
Some may argue that these kuffar are in possession of halaal certificates. Well, we have answered this conclusively above, where it was established that reliance cannot be placed anymore on mere certificates when there is neither Muslim supervision nor thorough inspection by the halaal certifying body.
Muslim consumers must understand the halaal certifying process. The Jurists of Islam have laid down a strict principle for meat and poultry sold by kuffar to be considered halaal for Muslim consumption, viz., that there must be strict and continuous Muslim supervision of such products. Should this be lacking in any department, the hillat or lawfulness of such products become severely compromised and doubtful. It then becomes compulsory on Muslims to abstain from the consumption of such foods. We are aware that not all halaal certifying bodies maintain strict standards of inspection and monitoring. It is for this reason that we warn Muslim consumers to exercise extreme caution, for the sake of their iemaan and righteousness.
Today Muslims freely visit Nandos, Kentucky, Macdonalds, and a host of other non-Muslim owned franchises and consume the food manufactured by these establishments, with little or no concern for the halaal status of such food. It is ironical and deeply saddening to see Muslims piously offering their salah in a musjid, and soon thereafter end up at a non-Muslim restaurant to enjoy with relish the meat or chicken served there. Do they not realize that such injudicious behaviour puts their a’maal or good deeds at serious risk? The deeds of one who consumes non-halaal food are not accepted by Almighty Allah as long as the effect of that haraam remains in the body. In a hadith of Bukhari it appears that as long as one wears clothes earned through haraam, one’s salaah will not be accepted. It is high time we Muslims learnt self-discipline and control. Another hadith of Saheeh Al-Bukhari teaches that for a person to reach piety it is incumbent that he or she shuns that which is doubtful and opt for that which is doubt-free.
We once again, emphasize, that part of our spiritual retrogression must be attributed to the ingestion of foods that are either doubtful or clear-cut haraam. Once Muslims have cultivated the taste of fast-food outlets, and consume this without much conscience about halaal and haraam, it becomes an almost Herculean task to break the habit and abstain. Even now, we believe, there is still time for us wake up to this reality and begin developing a resistance to the fast-food eating style. “The fire is more deserving to flesh that was nurtured through haraam” was the stark warning issued by Our Beloved Master (Bukhari shareef). Let this hadith, as well as our God given iemaani conscience guide us to the right choice – Allahumma aameen.
Wednesday, October 15, 2008
Bay'ah
Bay’ah (also pronounced bay’at) is a mutual pledge relating to the striving, arranging, executing and adhering to the laws of A’maale Zaahiri and A’maale Baatini. This pledge is called Bay'at-e-Tareeqat which has been in vogue by authoritative trans-mission from generation to generation since the earliest time of Islam.
Rasãlullah sallallahu alaihi wa sallam had enacted Bay’at of the Sahabah not only on Jihad, but on Islam and the adherence of the Ahkam (Laws in general) as well on practical deeds (A’maal). This is established by numerous Ahadith. The following is one such Hadith:
"Auf bin Malik Ashja’ee (radhiyallahu anhu) said: We were with Nabi sallallahu alaihi wa sallam, seven, eight or nine (of us), when he said: 'Will you not make a bay'ah (pledge) to the Rasool of Allah?' We stretched out our hands and enquired: On what shall we make bay'at to you, O Rasool of Allah? He said: 'That you make the Ibadat of Allah; that you associate nothing with Him; that you perform the five Salah; that you hear and obey." (Muslim, Abu Dawood, Nisai)
On this occasion the Bay’at which Rasoolullah sallallahu alaihi wa sallam took from the Sahabah was neither Bay'at Imani (Pledge of Ieman) nor Bay'at Jihadi (Pledge of Jihad). This Hadith is categorical proof for the system of Bay’at practiced by the Masha-ikh of Tasowwuf.
THE NATURE OF BAY'AT
The meaning of bay'at (ba ya ‘a - to sell) is inherent in Bay’at . Bay’at thus implies that the mureed ‘sells’ himself to the Shaikh. In other words he has sold himself to the Shaikh in preparation of ahkam-e-zaahirah and ahkam-e-baatinah (i.e. to learn to give practical expression to the Law of Allah Ta'ala). The nature of this ‘sale’ envisages that the searcher after the truth (taalib) should repose implicit trust and faith in his Shaikh. He should understand and accept that the advices and prescriptions, admonitions and prohibitions of the Shaikh are all designed and motivated for his (the mureed's) spiritual well-being. The taalib shall not interfere with or impede the diagnosis and prescriptions of the Shaikh. He should have implicit faith to such an extent that he should believe that in all the world there is none in his knowledge who can benefit him more than his Shaikh. In the terminology of Tasawwuf this conception of implicit faith in the Shaikh is known as wahdat-e-matlab (unity of purpose). Minus this conception, the ceremony of Bay’at is meaningless and of no benefit because congeniality (munasabat) with the Shaikh is an essential condition for islah (reformation) of the nafs.
The sign of the existence of congeniality (munasabat) between the Mureed and his Shaikh is that the heart of the Mureed does not object to the respect, statements and acts of the Shaikh. Should any objection arise in the heart regarding the Shaikh, the mureed should grieve and feel depressed.
The external form of Bay’at is beneficial to the general public since it induces reverence and respect in them for the Shaikh. As a result, they readily accept the Shaikh's statements and are constrained to act accordingly. However, for the elite (khawas), i.e. the Ulama, Bay’at proves beneficial after a period has been spent in association with the Shaikh. By virtue of Bay’at a bond of sincerity (khulus) is generated between the mureed and the Shaikh. The Shaikh considers the mureed to belong to him and the mureed considers the Shaikh to belong to him. There does not remain any suspense between them.
THE FOUR SALAASIL (SPIRITUAL ORDERS)
Like there are four Math-habs (Schools of Thought) in Fiqh, viz. Hanafi, Shaafi, Maliki and Hambali, so too, are there four schools (Orders) in Tasowwuf, viz., Chishtiyya, Qaderiyyah, Naqshabandiyyah and Suharwardiyyah. Our akaabir (authorities in Tasowwuf)initiate the bay'at in all the four Spiritual Orders, so that respect for the four Salaasil is maintained although the Chishtiyyah Order is dominant (among our pious predecessors).
FOUNDERS OF THE FOUR ORDERS
The founder of the Chishtiyyah Silsilah or Order is Hazrat Khwajah Mueenuddin Chishti Ajmeri (rahmatullahi alaihi) of Ajmer, India.
The founder of the Qadiriyyah Order is Hazrat Shaikh Abdul Qadir Jilani (rahmatullahi alaihi) of Baghdad, Iraq.
The founder of the Naqshbandiyyah Order is Hazrat Shaikh Bahauddin Naqshbandi (rahmatullahi alaihi) of Bukhara, Russia.
The founder of the Suharwardiyyah Order is Hazrat Shaikh Shihabuddin Suharwardi of Northern Iran (rahmatullahi alaihi).
THE MODE OF BAY'AT
The Bay’at is enacted by the Shaikh taking into his right hand the right hand of the mureed (disciple). If the group contracting the Bay’at is large, the Shaikh uses a length of cloth onto which each member of the group holds with his right hand. Ladies who contract the Bay’at do so from behind a screen. A mahram of the lady should also be present at the Bay’at ceremony.
Hazrat Ayesha radhiyallahu anha said: “Rasoolullah sallallahu alaihi wa sallam never touched the palm of a woman, but he would take the (pledge-bay'at) from her (verbally). Upon having made the bay'at he would say: 'Go! Verily, I have already made bay'at with you.'" (Bukhari, Muslim, Abu Dawood)
It is for this reason that in entering ladies into the bay'at, the Masha-ikh do so verbally or by means of a cloth which is spread from the Shaikh to the lady behind the screen.
This is the method of bay'at when in the presence of the Shaikh. Those who are not able to present themselves personally to the Shaikh could contract the Bay’at by means of a letter or through the agency of a responsible and trustworthy person. This form of Bay’at is called bay'at-e-Uthmani. Rasoolullah sallallahu alaihi wa sallam on the occasion of bay'at-e-Ridhwan made the Bay’at of Hazrat Uthman in his (Uthman's) absence. On this occasion, Rasoolullah r placed his right hand on his left hand and announced that he has made Bay’at of Uthman. (The bay't in absence of the mureed is therefore termed bay'at-e-Uthmani.)
Monday, October 13, 2008
The Question of the Female Voice
In Surah Ahzaab, verse 32, Almighty Allah instructs the noble wives of Rasoolullah sallallahu alaihi wa sallam with the following: "...if you do fear (Allah) be not too complaisant of speech lest one in whose heart is a disease, should be moved with desire: but make a statement that is just.” This command makes it quite clear that the voice of a woman, by nature, can be alluring to the degree that passions of men folk are aroused. Hence she is ordered to alter that alluring and seductive tone in her voice when the need arises to converse with men. She should speak, not rudely or offensively, but in a matter-of-fact manner without overtures.
The question of whether the female voice is an object of concealment (satar or purdah) has been debated by the Scholars of Islam. We provide some food for thought on this issue, especially during times when Muslims have sadly discarded the Islamic injunctions on hijaab, and are facing the detrimental effects of such abandonment.
Shaikh Ali Saabooni supports the Hanafi view that the voice of a woman is satar. He quotes the following hadeeth shareef in his book, Raw’iul-Bayan (vol. 2 p.157): “Takbeer is for men, and clapping hands is for women.” That is, when she has to drew attention, she will clap the hands, while a man will recite takbeer. This proves that her voice will always remain concealed.
There is debate among Ulema over whether a woman should cover her face or not. The majority of Ulema rule that it is waajib for her to cover the face because the ultimate beauty and attraction lies in the face of a woman. She may uncover the face in cases of necessity. Needless to say, these Ulema have advanced strong proof for their claim, which we will not mention here. In like manner, debate has surfaced over the pardah of a woman’s voice. There is a large group of Ulema who say that her voice is also an object of concealment, only to be exposed when necessary. The use of the voice is a major necessity in our lives, so this she is not denied. In fact, the necessity of using the voice is far greater than exposing the face. According to the Maliki math-hab, the voice of woman is aurah. In the Shaf’ee and Hambali Math-habs, there are two views, one that it is aurah, the other that it is not. Both views have been narrated from Imam Ahmed bin Hambal (R.A.) Likewise in the Hanafi Math-hab there are two views of equal strength. All the Schools of Fiqah are unanimous on one issue, though, that it is haraam for a man to listen to a woman speaking or singing in a melodious or alluring tone.
Among the Hanafi Fuqahaa, Imam Abul-Abbas Qurtubi states: When we say the voice of a woman is aurah (object of concealment) we do not mean her (necessary) speech, for she is allowed to speak to strangers when necessary. However, we do not allow her to raise her voice (unnecessarily) or to speak in an alluring, melodious, and attractive way For this leads to arousing the attentions and passions of menfolk. That is why a female is not allowed to give azhaan. (Raddul-Muhtaar)
Here is more food for thought to convey the Shar’ee concept on this issue: A woman may not call out the azhaan; she may not lead men in salaah; she may not make loud zhikr; she may not recite Quran aloud; she may not conduct the Jumu’ah sermon; she may not read the talbiya aloud; she may not read qiraat aloud in salaah. Several Hanafi Scholars such as Allama Ibnul Hummam, Burhan Halabi, etc. say her salah breaks if she reads aloud.
Those Scholars who say that her voice is not an object of concealment are not issuing a license for her to showcase her vocal talents, or to engage in unrestricted conversation with men. She may speak when necessary. Due to the natural danger that exists, the ill-effects of which we are suffering today, Jurists and Scholars rule that both the face and voice must be concealed, and only exposed at the time of necessity.
It is evident from the above that there is a strong case to support the view that the voice of a woman should not be heard unless due to a necessity. The Fuqaha have ruled, on the basis of Qur’aan and Sunnah, that the woman’s voice is intrinsically an object of concealment only to be exposed during times of necessity. In a hadith of Abu Dawood it is stated that some women did not even speak to the Messenger of Allah sallallahu alaihi wa sallam, but wrote notes to him instead. Hazrat Ayesha (radhiyallahu anhaa) says that once a woman came to the Prophet of Allah sallallahu alaihi wa sallam with a letter which she handed to him from behind a screen. (Abu Dawood). The Messenger of Allah in turn did not force them to speak up, nor did he disapprove of the practice (of sending in a hand-written note).
When the need arises for a female to ask a question on some religious matter, or to communicate some important information to a male that will be allowed on the basis of necessity. A necessary and unavoidable situation is not something that happens daily and cannot form the basis for a general ruling.
Your Dua: His Moments of Acceptance
The Princess of Muhadditheen and the mother of the Believers, Ayesah Siddeeqa (Radihiyallahu anha) narrates that when the month of Ramadaan would enter Rasoolullah sallallahu alaihi wa sallam would increase his salaah, his complexion would change, and he became more fervent in dua. (Bayhaqi)
This condition of his would undergo even further transformation upon the entry of the last ten days of the great month, a period which we are currently enjoying. It therefore, behoves us as followers of this Illustrious Rasool sallallahu alaihi wa sallam to assimilate within ourselves at least a semblance of this fervour, devotion, and commitment to Allah during this holy period.
COMPLEX PROBLEMS
Dua is an act that one cannot do enough of. No ibadat is complete without dua, and no Muslim can do without it, yet the Ummat has shown surprising indifference to this forte of ieman. A cursory survey of the Ummat’s condition at this stage of our history will reveal the true extent of our spiritual and mundane woes. The problems we face are complex, complicated, and seemingly insurmountable. Our marriages are under severe strain, domestic lives are cast into disarray, financial circumstances have become straitened, physical well-being is always threatened by debilitating illnesses, and worse still, the enemies of Islam have joined ranks in a physical and spiritual onslaught against the Ummat world-wide. Any nation would normally capitulate under such austere conditions, but Almighty Allah has given Muslims special spiritual resilience to withstand all the elements of adversity.
While we have experimented with many formulas in an attempt to resolve these and numerous other problems, the cause of failure can partially be attributed to lack of sufficient dua. No doubt, we are making dua, but it appears that our dua has no spark, fervour, or zeal. It must be acknowledged that dua alone cannot solve certain issues and people affected will have to resort to Shar’ee solutions, but let’s not lose sight of the fact that dua has that catalytic effect to convert our efforts into successful solutions. Furthermore, when one has exhausted all avenues in arriving at a solution or in resolving an issue without success, the last recourse is dua. It is this aspect of Islam which we wish to address in this article.
MONTH OF DUA
There are sure to be many complex and unsolvable issues that we have almost given up hope on. Well. Ramadaan is the month of Dua; the month when the acceptance of duas is guaranteed by Allah Azza Wa Jall. When all else has failed, let us utilize this opportunity to turn to Our Rabb in earnest. When all our efforts have reached a dead end, it is time we allowed the element of dua to prevail. Stretch out that begging bowl before your Creator with a passion that has never been witnessed before. Submit to Allah The Majestic in total humility, admit to Him our failure and weakness, and acknowledge that having reached the end of our tether, we now revert to Him for the alleviation of our difficulties.
This is the actual and factual position of our lives at this juncture. It is our conviction beyond all shadow of doubt that none can alleviate hardship but Allah The Supreme. Confess to Allah: Oh Our Rabb! We have given up all hope of successfully resolving the huge problems that plague us! We are at our wits end! We now petition you, O Almighty Rabb to provide succour, help, and Divine Aid in resolving the complexities of our troubled lives!
Before proceeding with a dissertation on the reality of dua, we need to take cognizance of a most important requisite for the acceptance of dua, and that is the earning of halaal sustenance in whichever form. One who indulges in eating and dressing that were acquired from unlawful or haraam sources can forget about his or her dua accepted. This is proven from the following hadith of Saheeh Muslim:
Hazrat Abu Hureira (radhiyallahu anhu) reports that Rasoolullah sallallahu alaihi wa sallam said: O People! Verily Allah is Pure and only accepts that which is pure. And verily Allah has commanded the Believers with that which He commanded the Messengers; He says (to the Messengers): “O Messengers! Eat from pure, wholesome foods and perform righteous deeds.” (Surah Muminoon, verse ) And He says (to the Believers): O Believers! Eat from the pure, wholesome foods that We have provided for you. (Surah Baqara, verse ). Then Rasoolullah sallallahu alaihi wa sallam mentioned a man who travelled a far distance, was dishevelled, weary and tired. He then stretches out his hand to Allah in dua, and exclaims: “O My Lord! O My Lord!” Rasoolullah sallallahu alaihi wa sallam says: “But his food is from haraam sources, his drink is from haraam, and his clothes are from haraam, so how can his dua be accepted?
Many great Auliyaa of the past have identified this as one of the major reasons why peoples duas are not accepted. For the record let it be said that there are two types of haraam: one is haraam in the item itself, the other is a haraam that is due to some external factor. Examples of the first are wine, pork, and animals that have not been slaughtered according to Shariah, or any food items that contains one of the above. Example of the second is wealth earned through haraam source such as stealing, fraud, gambling, usury, etc.
From the Ahadeeth of our Beloved Master sallallahu alaihi wa sallam we learn a number of important guidelines when making dua. It is imperative that we adhere to these principles to ensure acceptance of our duas.
When asking from Allah, we need to be convinced of His Ability to grant our request.
One should not ask for anything that is sinful or haraam, such as breaking of family ties, or asking Allah to destroy a Muslim who happens to be one’s enemy.
One should not become impatient if there is a delay in the answering of one’s dua.
To be convinced that a dua is answered in one of four ways: a) Allah Ta’ala either grants exactly what we ask for; b) Or He grants us something else in place of our request; c) Or He wards of some calamity because of that Dua; d) Or He stores that Dua for us in the Hereafter.
One should be firm and demanding from Allah, but with humility and in a begging way.
If one has committed a sin, then first repent from that sin, then place your request before Allah Azza Wa Jall. Hence it should be a standard practice to make istighfaar before a dua.
Begin the dua with praising Allah Ta’ala and Durood (Reciting Salwaat upon Our Beloved Master sallallahu alaihi wa sallam). End the Dua also with Durood.
MOMENTS OF ACCEPTANCE
This brings us to the most important aspect of this article: the precious moments when duas are accepted. There is no greater time for dua than the blessed days and nights of Ramadaan. In a hadith narrated by Imam Bayhaqi, Rasoolullah sallallahu alaihi wa sallam is reported to have said:
The sleep of a fasting person is ibadah, his silence is tasbeeh, his deeds are multiplied in reward, his sins are forgiven, and his dua is accepted.
This proves that at any given time of the day or night, when a fasting person raises his hands to Allah, that dua does not fall on deaf ears. Then there is the time of iftaar, another moment of guaranteed acceptance from Allah Azza Wa Jall. The time of tahajjud, just before sehri has always been the choice of saintly people for their duas. When the brothers of Nabi Yusuf (alayhis salaam) confessed to their wrong-doing and requested their father Nabi Ya’qoob (alayhis salaam) to seek forgiveness on their behalf, he (Ya’qoob AS) responded: “I shall soon ask My Rabb for your forgiveness; Undoubtedly He is Oft Forgiving and Merciful.” (Surah Yusuf, verse 98) In the tafseer of this verse it is written that the time Hazrat Ya’qoob (alayhis-salaam) referred to in his promise was the latter part of the night, i.e. Tahajjud time.
Numerous ahadeeth mention the efficacy of dua after the faradh salaah. This is another time when duas are readily accepted. Some Auliyaa mentioned that when a Muslim is going through a difficult period in life, such as sadness, depression, stress, loss of life or property or any situation of grief or hardship, then his duas are also quickly accepted by Allah. They deduce this from a hadith-e-qudsee, where Allah Ta’ala speaks to the Ummat. It says: I am by those whose hearts are broken. (Mishkatul-Masabih).
Let us get into the habit of dua with fervour, zeal, enthusiasm, conviction, imploring and begging from Allah The Most High.
Wednesday, September 24, 2008
Sunnats of Eid
THE FOLLOWING ARE SUNNAT PRACTICES TO BE OBSERVED ON THE DAY OF EID:
Eid, being the sacred occasion that it is, demands that it be celebrated in accordance with the Shariah, which is by observing the sunnat practices established from Rasoolullah sallallahu alaihi wasallam on this occasion. These are as follows:
1. To arise early and perform ibadat on Eid night (i.e. before Subuh Sadiq)
2. To offer at least four rakats tahajjud salah. (This was a sunnat observed by Rasoolullah sallallahu alaihi wasallam throughout the year.)
3. To engage in takbeer softly from the break of dawn till arrival at the Eidgah.
4. To perform Fajr in the mosque of your locality.
5. To clip the moustache.
6. To remove pubic hairs.
7. To have a bath.
8. Using a miswaak.
9. Wearing new or clean clothes, the best one possesses.
10. Dressing according to the sunnat. This entails kurta, turban, jubba, etc., since this was the type of dress Rasoolullah sallallahu alaihi wasallam always wore.
11. To apply perfume.
12. To eat dates in odd numbers before leaving. If dates are not available then anything sweet will suffice.
13. To offer Eid salah at the Musalla (Eidgah) even if the Musjid can accommodate the whole congregation.
14. To proceed to Eidgah on foot if it is in walking distance.
15. To take one route and return by another.
16. To set off early for the Eid Salah.
17. To pay the sadaqatul fitr before the Salah.
18. To perform the Salah first and then the khutba, without azaan or iqaamat.
19. To give sadaqah in abundance.
20. To offer two or four raka’ts nafl salah at home after returning from Eidgah.
Thursday, August 21, 2008
Hazrat Abdullah Ibn Umar radhiallahu anhuma
The Muslims had been in Madinah only a year when the kuffar of Makkah led a big army against them. The enemy plan was to wipe out Islam before it could strike roots. Islam was, therefore, facing the gravest challenge of its brief history. On the outcome of the coming encounter hung the fate of the new faith.
The Messenger of Allah (sallallahu alaihi wasallam) was fully alive to the grim implications. He set about meeting the challenge. He had no more than three hundred and thirteen fighting men. He led them to Badr putting his trust in Allah. As this small force was about to leave, a number of youngsters also joined it. In the inspection of his troops before the march, these lads were told to stay behind. One of these lads was Abdullah, son of Hazrat Umar (radhiyallahu anhu). He was only ten but wanted very much to fight for the cause of Allah. It was with a heavy heart that he obeyed the order to stay back in Medina.
EARLY TRAINING
The call for Islam has been ringing in the ears of the Meccan kuffar for three years when Abdullah was born. However, his father thus far kept his ears shut against the truth. But before long Umar was a changed man. He happened to hear verses of the Quran and the miracle took place. The natural pull of Islam had its full effect on Umar’s keen, sensitive mind. So far he had opposed Islam. Now he saw his mistake, he used all the weight of his strong personality to make amends for the mistake.
Young Abdullah got his early training in a home that was saturated with the true spirit of Islam. He entered the fold of Islam when only a small child. He grew under the care of a father who was noted for strict observance of the commandments of Allah. This made a special mark on his character. He became devoted to the master and as unbending in the declaration of truth as his great father. These characteristics mark Abdullah out as one of the noblest sons of Islam.
ABDULLAH THE GOOD
Abdullah was still a child when he had to flee to Medina. Tender age kept him from taking part in the battles of Badr and Uhad. But by the time the battle of the trench was fought, Abdullah was a young man of fifteen. He gave an excellent account of himself in the critical days of the siege. From then on, he fought for the cause of Islam in every battle that occurred during the lifetime of the master.
Abdullah was only a lad when he saw a dream that had far reaching effects. He was sitting in the mosque, after offering the prayer. Suddenly his eye lids closed. He saw two angels came down the sky. They carried him away to a beautiful place.
Abdullah narrated the dream to his sister, Hafsa (radhiyallahu anhaa), one of the wives of the Rasoolullah (sallallahu alaihi wasallam). She told the Rasoolullah (sallallahu alaihi wasallam) about it. He said, “Abdullah is a good man . At night he should spend as much of his time in prayer as he is capable of.”
Abdullah eagerly accepted the suggestion. He started a life long night vigil. He hardly slept at night, spending most of the time in earnest prayer. All night long he wept and sobbed for the forgiveness of Allah. Such was his devotion to his Master that he spent the greater part of the day in his company. By such extreme piety he justified the title of ‘good’ conferred on him by Rasoolullah (sallallahu alaihi wasallam).
Abdullah struck to this pattern of life to the last breath. After Rasoolullah (sallallahu alaihi wasallam) had passed away, he started weeping whenever someone talked about the Messenger of Allah. The same thing happened when he passed the historic sites where his beloved Master had fought the forces of evil. Tears streamed from his eyes when he recited the Holy Quran. In short Abdullah was an embodiment of the fear of Allah. People knew him as Abdullah, the good.
TORCH BEARER OF KNOWLEDGE
Deep piety and closeness to Rasoolullah (sallallahu alaihi wasallam) gave Abdullah an insight in to the true sprit of Islam. He could tell from personal knowledge the opinion of Rasoolullah (sallallahu alaihi wasallam) on most problems of life and the true significance of the various verses of the Holy Quran. People started turning to him for guidance ever since he came to Medina. The companions came to look upon him as a leader of faith. He lived for sixty years after the death of Rasoolullah (sallallahu alaihi wasallam).
The Muslim Woman: Her Position in Society
With the swift advancement of life on earth and the wide-ranging changes that continue to envelope society, it was inevitable that the religious lives of Muslims were soon to be affected. The modernisation that permeated so many facets of our worldly lives ensured that our Islamic system of practice also underwent adjustments to suit present day trends.
This in itself is not a sin, for given the society we are living in, there are at times compelling reasons for Muslims to adjust and adapt to their circumstances. However, modernisation in any field of life must never occur at the expense of Quranic teaching and Islamic morals. It must never happen that in pursuit of modernity, we abandon the Sunnah of Our Beloved Rasool, or jettison the golden principles of Islam. Modernity that leads us away from the methods of Allah, His Rasool, and the Illustrious Companions of His Rasool (May Allah be pleased with them all) is unacceptable to any Muslim.
MODERN MEANS
Islam allows us to utilize all the modern means at our disposal for the fulfilment of worldly and religious needs, but we should, at the same time, adhere strictly to the orthodox mode of Islam practiced by our pious predecessors. Hazrat Abdullah bin Abbas (Radhiyallahu anhu) used to say: “Barakat (Blessing) lies with your Akaabir” Combining the ‘best of both worlds’ in a Religious sense is indeed an arduous and daunting task, but with a little bit of guidance from the Ulema, it is quite possible. To remain an orthodox Muslim while still benefiting from modern-day inventions and facilities is an achievement made by many Muslims both past and present. It is a matter of knowing where to draw the line. Know your bounds, and confine your practice and belief to them.
LIMITS
It is essential for Muslims to realize the limits that Allah has laid down. Almighty Allah mentions at several places in the Quran-e-Kareem: “These are the limits of Allah, so do not transgress them” When the adaptation of modernity infringes on these limits, Muslims should know that it is time to draw the line and not venture any further.
As regards the Muslim woman’s role and status in society, for which this article is intended, here too, the quest for modernisation has brought in its wake diverse action and opinion. Here we are discussing modernisation in Deeni activities, for if this department of our lives is modernized beyond acceptable limits, then what can be said of our worldly lives.
In fact, modernisation in worldly matters is easily noticed and quickly condemned. Even the Muslims who do this will be the first to confess with a degree of shame that they are ‘modern Muslims’. However, in matters of Deen modernisation is sometimes never noticed, and if it is, then only after it has already succeeded in the adulteration of Deeni principles and belief.
IN ISLAM’S NAME
The interaction of females in our society is one such example. Today we are witnessing an alarming increase in promotion of women to the forefront in matters of Religion. What’s even more disturbing is that all this is perpetrated in the Name of Islam, or for the ostensible purpose of propagating Islam.
Consider the examples we furnish further on and readers will understand the point being made.
It must be well remembered that propagation of Islam is not something new. This was and will always remain an integral part of our Deen, and nothing can change that. While we fully agree that methods of propagation will and must change from time to time, it is our firm belief [based on proof from Quran and Hadith,] that none of the new methods should violate or conflict with original and orthodox principles of Islam. We Muslims must understand this well. The gradual and subtle shift in original Shar’ee values have brought in its wake the following modernisations to a woman’s role in society:
A) In Deeni Matters
Women participating in Qiraat competitions; Women singing qaseedas and producing their own “albums”; Women becoming Imams in Masaajid, delivering khutbas and lectures to menfolk; women emerging from their homes for purposes of tableegh and propagation of Deen; Women presenting and conducting Radio programs; Women appearing on stage in Jalsas and mass gatherings, and offering renditions of qiraat or naats, etc.; Women sitting in meetings with men on religious matters;
B) In Worldly Matters
Women entering the political field and becoming leaders of State; Women becoming pilots, bus drivers, truck drivers, train drivers; women being placed at the helm of businesses and companies; Women going to the forefront in business and high-profile corporates; the list goes on.
RELIGIOUS CIRCLES
Our major concern is the promotion of women in religious circles. A female who is profiled in the worldly sphere of business or politics, is frowned upon by most Muslims.
Women who display themselves or expose themselves in worldly matters are considered as weak Muslims by all, even on their own admission. Everyone knows that this is sinful and un-Islamic. But when a female discards hijaab under the guise of Islam, and under the pretext of doing “dawah’ or social work, there is the real danger of ordinary innocent Muslims considering her a figurehead to be looked up to, and subsequently losing the significance of hijaab.
Muslims might support her cause and use the actions of that woman to abandon true Hijaab. Hijaab is just not the covering of the body. Our sisters must understand this well. Hijaab is a perpetual condition affecting a Muslim female. It is an Islamic culture and mind-set, and is not confined to only a jilbaab or veil. There exists a major misconception among some females sectors, that once the outer hijaab has been adopted, then there are no holds barred.
PROMINENCE
When one studies the Quranic concept of a woman’s role, the matter is quite clear and concise. Allah Ta’ala states in Surah Ahzaab, verse 33: “And remain confined to your homes, and do not display yourselves like the display of former times of ignorance......” This verse clearly indicates that the role of a woman according to Quran is not one of prominence and profile. The words Qaraar fil buyout means to remain steadfastly confined to the house. Such steadfastness suggests that she is inside the home for the major part of her life, and emerges only when necessary.
FEMALE CELEBRITY
It has reached us that a certain Muslim female Radio presenter, who it appears has become something of a celebrity due to her involvement in radio, has been invited to conduct and host Islamic programs.
While we understand that the lady will travel with her husband as mehram, but the broader picture of this whole exercise is extremely disconcerting. In fact, for those who are conscientious about their Deeni sentiments, this is totally unacceptable. Such an exercise is in diametric conflict with the Quran role envisaged for females.
We quoted the relevant verse above, which emphatically indicates that the female profile is low-key and inconspicuous. There is nothing in Islam to suggest that a female cannot do work of Deen, or pursue a worldly career. In fact, females could and should do their share of da’wah and should interact with other females in the field of social and welfare work.
However our contention is that a Muslim female should not be given prominence and fame. Islam does not encourage catapulting a woman to the forefront, even in a great ibaadat as Jihad. Even in Jihaad, females played a background role. Rasoolullah (Sallallahua alayhi wasallam) said:
“Relegate them (females) to the back, where Allah has relegated them”
Let it be said at this juncture that any incident found in Muslim Historical works on the role and participation of females was purely incidental and unplanned. Muslims should understand well that Historical works do not represent Islamic Canon or Law. Our Law and Shariah is derived from Quran, Sunnah, and the Rulings of Sahaaba. We shall refer to this again later in this article.
NOTICES
It is absolutely the antithesis of Quran and Sunnah to promote the personality of a female, regardless of how learned she is, or to make her a celebrity irrespective of what she is capable of achieving. Muslim women in the past have achieved great things, but all this was done without conspicuity and publicity. Today, too, for greater reasons, the Muslim woman could and should continue Deeni work of whatever nature, under guidance from Ulema, but minus the fun-fare and fame.
Why should a particular female travel to another center in order to do work of Deen? Why can’t she accomplish that work in her own area locally. Travelling necessitates a lot of organization and hosting that invariably involves menfolk. That alone pushes her to the forefront. The organisers and hosts of her program will probably advertise the whole show via notices and announcements. This again brings the female ‘celebrity’ to public attention. It has also been rumored that a banquet will be held in honour of this female and to raise funds. This is indeed a flagrant violation of Islamic principle.
All this runs contrary to the command of Allah Ta’ala. This is typical westernisation of Islam. We are practicing modernity coached in Islamic appearance and terminology.
LICENCE
Islam has ordained an inconspicuous and concealed role for women. Some might argue that this particular female will be in the company of her husband and would be dressed in Hijaab. To this we firstly say that to believe a female may roam around all over the show just because she is in Hijaab is an indication that Muslims have failed to grasp the reality of Hijaab. Hijaab runs much deeper than outer dress. No doubt, Hijaab and Niqaab are compulsory for every adult female, but this is no license for females to take to the streets and gallivant with all and sundry. These are forms of dress born out of necessity.
Women are prohibited from emerging from their homes unless a need arises. When that need does arise, then they are commanded to adopt Hijaab when emerging. It is thus a necessary form of garb for the purpose of concealing herself when leaving the confines of her home. Islam does not advocate to women to emerge with Hijaab. Instead Islam teaches that they should don Hijaab when the need arises to emerge. There is a difference between the two that Muslims should endeavour to understand.
For example, Islam teaches that taubah or repentance is necessary after every sin. But that is no license to go out and commit sin. It is foolish for one to believe that because he is armed with the tool of taubah, he or she may commit any sin they feel like, just as it is foolish for a female to contend that since she is robed in her jilbaab, she may flit around wherever her heart desires.
CASINOS
We have dealt with cases of females, some married, who are in full Hijaab and still committed zina, females in hijaab and niqaab visiting cinemas and casinos, and parading along the Boardwalk. Some such ladies indulged in gambling at these casinos. Women in hijaab were seen standing in line to buy lotto tickets. How does one fathom this spiritually disruptive phenomenon?
Upon deeper reflection the reason becomes clear. These were females who failed to grasp the Islamic idea of Hijaab. They believed their Hijaab was an automatic insulation against evil, regardless of where and how they travelled. Alas, they discovered too late that this was not the case.
Today women think that since they are in full purdah, they can converse and interact with men freely. But they miss an important point. There are two aspects to Hijaab, one is dress, the other is segregation of male and female. Both are two separate injunctions that apply equally and must be fulfilled concurrently. She may be in full purdah, but the other injunction of avoiding interaction with men still has to be fulfilled.
Taqleed Among the Sahaaba
With doubts circulating among certain sectors nowadays as to the importance of Taqleed, we furnish a few examples of Taqleed among the Sahaaba.
Hazrat Umar and Taqleed
In his famous book, I’laamul-Muwaqqi’een Allama Ibnul Qayyim (RA), who is a student of Allama Ibni Taiymiyyah (RA) writes the following:
Daarimi reports that Hazrat Umar (Radhiyallahu anhu) had devised a rule in his time, that when no hadith is available on any new issue, then people will practice on the Fatwa of Hazrat Abubakr (radhiyallahu anhu). (This was after the demise of Hazrat Abubakr) When no fatwa of his was available then people must practice on whatever the Ulema rule after mutual consultation (mashura).
This incident proves that all people were bound to follow one particular Imam or one fatwa. Since Hazrat Umar (Radhiyallahu anhu) had the authority of Khilafat, he was able to enforce this ruling. Nowadays there is no such authority, hence every second person becomes his own mujtahid. This incident also points out that the Fatwa of Ulema is a valid basis upon which people can base their practice. Hazrat Umar (radhiyallahu anhu) did not impose the furnishing of any proof for such fatwa.
HAZRAT MUAATH:
Aswad bin Yazeed narrates: Muaath bin Jabal (radhiyallahu anhu) came to us in Yemen as a teacher and commander. We questioned him regarding a man who had died leaving behind a daughter and a sister. He decreed half the estate for the daughter and half for the sister. This was while Rasoolullah (sallallahu alayhi wasallam) was still alive. (Kitabul-Faraaidh, Bukhari)
HAZRAT ZAID BIN THAABIT:
Imam Bukhari narrates that during one Hajj season the Ansaar of Madinah asked Hazrat Abdullah bin Abbas (radhiyallahu anhu) a question pertaining to females who experience menses during their Hajj. Ibni Abbas answered their question. However, they refused to accept the answer because they had received a different answer from Zaid bin Thaabit, who was their Mufti and leader. They said: “O Ibni Abbas, we cannot follow your ruling because you differ with Zaid bin Thaabit. Instead, we will only accept the fatwa of Zaid (R.A.)”
HAZRAT ABDULLAH BIN MASUD (radhiyallahu anhu)
A man came to him with the following question: A woman got married but no mehr (dowry) had been stipulated for her. Before consummation of the nikah her husband died. How much dowry is she entitled to?
This issue is not specifically mentioned in Quran and Hadith. He, therefore, requested a month’s grace to research and ponder over the answer. After a month he said: She is entitled to the mehrul-mithl, not more, not less.
The above are a few of hundreds of incidents where Sahaaba issued rulings which were based on principles of Quran and Hadith, but did not mention the basis of their answers. This does not mean that their fatwas were not based on proof, for such an act is unthinkable. What is meant in the above episodes is that people who followed the Sahaaba did not demand proof, for in order to act on a ruling one does not need to know the basis of that ruling. This is the essence of Taqleed. Ulema have defined taqleed as accepting and following a ruling without seeking proof therefore. This type of taqleed was not condemned by any Sahaabi of that time, nor by any Aalim after them. The Muftis of today merely repeat the Fatwas of the Sahaabi. In fact, they base their fatwas and rulings on those issued by the Sahaaba.
THREE TYPES OF AAMEEN
During the time when the British ruled India a dispute arose in one Musjid between Hanafis and Ghair-Muqallids regarding the utterance of aameen aloud behind the Imam. The Hanafis would saying aameen softly, while the Ghair-Muqallids shouted aameen at the top of their voices. This behaviour annoyed some of the Hanafi musallees, resulting in a dispute. The dispute took a violent turn and led to blows inside the Musjid. Police were called in to restore order, and consequently, offenders from both parties were arrested. The matter went to court, where the presiding Judge happened to be British. Knowing nothing about the business of loud or soft aameen, but determined to get to the bottom of the conflict, he called in expert
witnesses. These were independent Ulema who had to explain the different types of aameen. They thus explained that in Islam there are two types of aameen. One is aameen bil jahr (loud aameen), the other is aameen bis-sirr (soft aameen). The first is practiced by Shaafi’ees and Hambalis, while the second is the practice of Hanafi and Maliki followers. The Ulema further explained that the different Schools of Fiqh practiced these two methods in harmony for centuries. The Judge was fascinated by this explanation of the Ulema. He asked them again: “Are you sure these are the only two types of aameen in your Shariah?” The expert witnesses confirmed that indeed there was no third type. At the time of passing judgment the Judge made the following comment: “Having heard the expert witnesses expound on the different types of aameen, I have come to the conclusion that there are actually three types of aameen among Muslims. One is aameen bil-Jahr, the other is aameen bis-sirr. These two types are prevalent and widely accepted among Muslims, and were authentically transmitted from the early days of Islam. As for the third type, this I call aameen bish-sharr (the aameen of evil!), and this has no place in Islam! This is the aameen over which people fight.”
How true is the observation of this non-Muslim judge. The different mathaa-hib co-existed in total harmony for centuries. In the olden days one never heard of animosity among the followers of the different math-habs. It appears that the discord arose when people discarded the math-habs and did not tolerate views that were based on valid Islamic proof.