Category Archives: K. Fiqh

Fasts in al-Muharram

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The blessed Companion Hazrat Abu Huraira (Allah be pleased with him) reported that he (the Messenger of Allah – Allah bless him and grant him peace) was asked as to which prayer was most excellent after the prescribed prayer, and which fast was most excellent after the month of Ramadan. He said:
“The most excellent fast after Ramadan is God’s month. al-Muharram, and the most excellent prayer after what is prescribed is prayer during the night.”

Sahih Muslim

Hajj & sacrifice: A Divine order

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Sayyidi wa sanadi Mufti Taqi Usmani (Allah preserve him) said,

‘It is futile to look for worldly benefits and logical explanations in Hajj and sacrifice (udhiya/qurbani).

They are a Divine orders to remind us that we have to follow them irrespective of understanding them in itself or their benefits.

The Divine order requires submission. And this is Islam as defined in Quran,

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[37:103]
So, (it was a great episode) when both of them submitted themselves (to Allah’s will), and he laid him on his forehead (to slaughter him),

Waaz: 27/9/2104, Darul Uloom Karachi

Salah in congregation

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In Radd al-Muhtar it states:
“The totality of excuses which has passed in the text and commentary are twenty which I versified in my saying:

The excuses of leaving out jamā‘ah are twenty which indeed I have inserted in the arrangement of verses like pearls:
Sickness, infirmity, blindness, being crippled
Rain, muddy ground then coldness that causes harm, Amputation of a leg with a hand or within them
Paralysis, an old man’s weakness and the intention to travel,
Fear of wealth, likewise of an oppressor
Or creditor, and desire to eat food that is present,
Wind at night, darkness, nursing a person with Sickness, the compulsion of urine or faeces,
Then, occupation with nothing besides knowledge
in Some situations is an excuse that is considered.” (1:581)

Darul Ma’arif

Understanding of Deen

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Sayyidi wa sandi Mufti Mohammad Taqi Usmani (Allah preserve him) said,

‘My respected father (Mufti Mohammad Shafi, Allah sanctify his secret) use to say this sentence and it must be memorized,
“Censuring on a non-objectionable thing is reprehensible itself.”

غير منكر پر نكير خود منكر هے.

It is inappropriate to do so. This is because when Shariah has not ruled that a thing is impermissible then how can you acting as a (pseudo-) officer (of Shariah) claim that it is haram.

In reality these things are based on understanding the demeanor of Shariah. This is called thorough understanding of religion (تفقه في الدين).

The understanding of the demeanor of Shariah is not solely by reading the (religious) texts. It requires being in the company (suhba, of those who have already acquired this characteristic). It is by this accompanying one ascertains what stand he must take, where to be firm and where to be lenient.’

Inamul Bari, volume 3, page 82-3

Q&A: Amal e Qurani and magic

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Question

There are many salafis here in the uk who accuse Moulana Ashraf Ali Thanvi (Allah have mercy on him) of magic in his book remedies from the holy Quraan. What answer should be given to them? Please provide some proof or evidence as well . 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa rahmatullāhi wa barakātuh.

In A‘māl e Qur’ān of Hazrat Mawlānā Ashraf ‘Alī Thānawī, he extracts remedies and solutions from the Holy Qur’ān for a wide variety of problems. The book is a collection of verses of the Qur’ān, along with procedures for their application, which Mawlānā found to be effective in producing certain results by the will of Allāh Ta‘ālā.

The Qur’ān contains shifā’. Allāh Ta‘ālā says:

وننزل من القرآن ما هو شفاء ورحمة للمؤمنين

“And We send down from the Qur’ān that which is a remedy and mercy for the believers.” (Qur’ān, 17:82)

Contd………………….

Regarding the initial takbeer of salah

 

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Sayyidi wa sanadi Mufti Mohammad Taqi Usmani (Allah preserve him) mentioned the difference of opinions amongst the scholars (fuqaha) regarding the Prophetic sayings (hadith) that to what extent the hands must be raised while starting the salah. He continued,

‘However, all of them agree that the palms should be facing the qibla direction.

Many knowledgeable individuals and students (of religious institutes) falter in this practice.’

Inam ul Bari, volume 3, page 469. Sahih al Bukhari, bab 85, Hadith 738

Salat e janaza

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An individual inquired, ‘Alhumdulillah, in this summer vacation I had the opportunity of offering few salat e janaza (prayers for the dead) led by you. I noticed that the gap between the first and second takbir is much longer than it takes to complete thana. Is it because of recitation of sura e Fatiha as Mawlana Anwar Shah Kashmiri (Allah have mercy on him) used to do?

Sayyidi wa sanadi Mufti Mohammad Taqi Usmani (Allah preserve him) smiled and acknowledged,
‘Yes. I do recite sura e Fatiha as has been reported to be the practice of our master Abdullah bin Abbas (Allah be pleased with him). According to the Hanafi scholars (fuqaha) it can be recited as a supplication (dua).’

Haram sharif, mataf, behind Rukun-e-Yamani, Makkah al mukkaramah. After esha, 24th November 2013

The differences

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An individual reported how differently the takbirat in salah are done and how lax religious leaders are regarding keeping a full beard here.

Sayyidi wa sanadi Shaikh Mufti Taqi Usmani (Allah bless him with a long, healthy and productive pur-‘afiyet life, Amin!) replied,

‘These are differences in etiquette (aadaab).
There should be no prohibition (nakeer) on the issues that are differed upon by the Imams (mujtahideen).

An individual inquired that these days in our communities (Pakistan-India) first thing by which we judge an individual’s religious persuasion is their appearance (beard, dress, etc.). Is this correct?

Sayyidi wa sanadi strongly disapproved of it. He said,
‘All things must be kept at their level (fiqh hierarchy).
It is grossly incorrect to judge others. Some issues (that Hanafis consider wajib) are not even makruh e tahrimi according to other Imams.’

Haram sharif, mataf behind Rukun-e-Yamani, Makkah al mukkaramah. After esha, 24th November 2013

Sunna prior to Fajr salah

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fajr2In the discussion about offering the two rakah Sunna salah prior to Fajr once iqamah has been called, sayyidi wa sanadi Mufti Mohammad Taqi Usmani (Allah preserve him) said,

‘The authentic saying of Imam Abu Hanifa (Allah have mercy on him) and dhahir al rewaya is also that with two criteria being fulfilled it is permissible to offer this salah. Firstly, it is expected that one complete rakah (of the fardh salat al fajr) will be attainable. Secondly, that they must be offered out side the mosque.

Imam Mohammad (Allah have mercy on him) said that even if not one complete rakah only the last sitting (qaida al akhira) is expected to be attainable than also it is permissible to offer these Sunna .

Imam Mohammad (Allah have mercy on him) added further to the first criteria but not to the second one (that is to offer it outside the mosque).

Imam Tahawi (Allah have mercy on him) added to the second criteria. He said offering them outside mosque it is permissible, however, inside the mosque is also permissible provided it is far away from the rows of the congregational salah and in an isolated spot.

From all this discussion it is clear that the prevalent practice of offering this salah immediately behind the congregation or few rows away is not permissible according to any of the madhahib.

The predominant (viewpoint) is to follow the original way (madhab) of Imam Abu Hanifa (Allah have mercy on him). The Hanafi researches have given preference to this.  However, Allama Shami (Ibne Abideen) keeping in consideration the feeble Muslims has given fatwa according to Imam Tahawi (Allah have mercy on them).

Whereas, our Hanafi researchers, that include respected (Shaikh Anwar) Shah (Kashmiri, Allah have mercy on him) do not agree. They stick to the original madhab of Imam Abu Hanifa (Allah have mercy on him). That is, one rakat is expected to be attainable and it is offered outside the mosque.

Another issue to be acknowledged is that the permissibility Imam Tahawi (Allah have mercy on him) gave for offering this salah in mosque was during an era when loud speaker were nonexistent and there was no clash between the recitation of the Imam and one offering his salah in an isolated corner. Nowadays when the recitation in (congregational) salah is being relayed on the loud speaker I have doubts about the permissibility of offering this (Sunna) salah in mosque. This is because there is clash of recitation in this situations. It is, therefore, best to offer it outside the mosque.’

Im’anul Bari, volume 3, page 416-7

Visitors to Haramain, please, heed!

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Today after maghreb salah the Imam of Prophet’s (Allah bless him and give him peace) mosque Skaikh Huzaifi (Allah preserve him) requested the pilgrims to be careful about the mobile phone use inside the mosque, especially, the musical ringing tones. They desecrate the sanctity of the blessed mosque and disturb those engaged in worship.

The mobile phones should be either turned off or at least be on silent mode during their stay inside the mosque.

This is from the basic etiquettes of this blessed place.

September 16, 2013

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Freedom from hypocrisy

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حدثنا عبد الله حدثني أبي ثنا الحكم بن موسى قال أبو عبد الرحمن عبد الله وسمعته أنا من الحكم بن موسى ثنا عبد الرحمن بن أبي الرجال عن نبيط بن عمرو عن أنس بن مالك عن النبي صلى الله عليه و سلم انه قال :
من صلى في مسجدي أربعين صلاة لا يفوته صلاة كتبت له براءة من النار ونجاة من العذاب وبريء من النفاق
تعليق شعيب الأرنؤوط : إسناده ضعيف لجهالة نبيط بن عمر

Anas ibn Malik (Allah be pleased with him) says that the Prophet (Allah bless him and give him peace) said:
Whoever prays forty salah in my mosque (Masjid an-Nabawi) without missing a salah in between them, then freedom from the hellfire, escape from punishment, and freedom from hypocrisy will be written for him”

(Musnad Ahmed)

The chain of this Hadith has been classified as weak by Muhaddithun.
Nevertheless, it is considered mustahab to offer the forty prayers in Masjid an-Nabawi.

Arif billah Dr Abdul Hayy ‘Arifi (Allah have mercy on him) said,
‘Acting on mustahibat is a calling of love (muhabbat).’

Women’s’ bayiah

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Hakim al Umma Mawlana Ashraf Ali Thanawi (Allah have mercy on him) said,

‘The bayiah from women should not be done by taking their hand in one’s hand.

The Prophet (Allah bless him and give him peace) never touched a woman while taking bayiah.

It is impermissible (haram) to touch an unrelated (non mehram) woman.

The author of ‘Mehboob as Salikeen‘ writes,

‘The bayiah of women is as follows,
If they are not present at the occasion than they become bayiah via representation of a mehram relative. The instructions (for sulook) are given to them via this representative. The Shaikh (may) give them a piece of cloth from his garments (as a token for this pact).

If the women are present at the occasion than they become bayiah from behind a veil. The hand holding should not be done.
Hence, the Shaikh takes allegiance from men by holding their hand but not from the women.
Moreover, it is mentioned in this book that the exclamation ‘I accept’ (at the time of acceptance of allegiance) is for men (only).
Then the Shaikh instructs the women to do good and abstain from sinful (from behind the veil).

Taleemud Deen, page 192-3 (Rehmania edition)