The Fourth Problem that will Arise by Referring Directly to the Qur’an and Hadith

The fourth problem is that if the masses are allowed to follow at random whatever they believe to be correct or whoever they feel is on the correct opinion, it will eventually result in many people following their own whims and desires. Most people when faced with a problematic situation opt to follow the opinion of those Muftis and Aalims through whom their benefits and interests will be secured. In that predicament most people are totally unconcerned about studying the proofs and weighing the arguments. Rather, their main concern is how they can save their image in society or secure their commercial gain. For the sake of convenience they are prepared to hop over to any mazhab in order to achieve this objective. One should honestly ponder and contemplate over this crucial situation. Is such a person following Deen or following his nafs? Will such a person’s actions be in conformity to the verse of the Qur’an: وَلَا تَتَّبِعِ الْهَوَی (Do not follow your desires.) [26:38] or is his action opposing this law of the Qur’an? There are many glaring examples found in today’s times which highlight this problem. Hereunder a few examples are cited:

A person is caught for exceeding the speed limit. He is given a R2000 fine by the police. He decides to look around to see whether any Aalim permits the paying of speeding fines with interest money. He is informed that a certain Aalim allows the paying of speeding fines with interest money. So this person feels quite satisfied that he has found some sought of justification for his actions (through the fatwa of that specific Aalim). But at the same time he is told that you are presently eating prawns. According to the fatwa of that very Aalim, prawns has been declared Makrooh-e-Tahrimi. Hence you should also adhere to the ruling of that Aalim in relation to the issue of prawns.

He responds, “There isn’t only one Aalim in the whole world. Don’t you know that so and so Aalim (in whose opinion it is impermissible to pay speeding fines with interest money) declared prawns as totally permissible? So I follow that Aalim in that issue.” One should consider this situation and honestly answer the following question: Will the one adopting such an approach in these matters as well as all other Deeni issues be regarded as a sincere and steadfast Believer, or will he be considered a “Fatwa Shopper” and one following his whims and desires? Hence, we conclude from this situation that the one who opts to remain unrestricted, by following what he feels appropriate and correct eventually opposes two verses of the Holy Qur’an:

Surah Zumar 39:2

Worship Allah Ta`ala with sincerity. [39:2]

Qur'an: Surah 26 Ayah 38

Do not follow your desires. [26:38]

Allamah Ibnul Aabidin (Rahmatullahi Alayh) narrated an incident that transpired in the time of Shaikh Abu Bakr Al-Jowzajani (Rahmatullahi Alayh). A Hanafi Aalim proposed to marry the daughter of a person who was from the Ahlul-Hadeeth. The father refused to accept the proposal unless he agrees to abandon his present mazhab and begin practising ‘Qiraat khalfal-Imaam’ (reading qiraat whilst following an Imaam in Salaah) and ‘Raf’ul-Yadain’ (i.e. lift his hands before and after ruku) etc. The Aalim submitted to those conditions and the nikaah took place. When Shaikh Abu Bakr was asked regarding this situation he lowered his head and remarked: “I have a fear that the Imaan of this man may leave him at the time of his death, due to the fact that he abandoned a practice which he regarded Sunnah, and substituted it with a contradictory deed without any Shar’ee reason, but for the sake of securing a woman in nikaah.” [1]

Moulana Ashraf Ali Thanwi (Rahmatullahi Alayh) narrates a similar incident. He says:“There is a village near our area, wherein a man married a certain woman. Later it was learnt that both of them were breastfed by the same woman (thus being foster brother and sister). A person came to enquire from me what was to be done about the matter. I explained to him that this marriage is not correct, and that they should be separated. He remarked: ‘This is going to be a source of immense disgrace. Please find a way for its permissibility?’ I said to him: ‘Firstly! There is no disgrace in separation. Rather, in living together, there will be immense disgrace, because people will say that you have united a brother and sister (in marriage). Secondly, even if there is disgrace, then let it be. When this is the command of the Shari`ah, then there is no question of disgrace.’ The man began to say: ‘But he drank the milk in infancy and then immediately vomited it out.’ So I told him: ‘Whether he vomited it out or not, the law does not change.’

‘After receiving a clear answer from me, they proceeded to Delhi. There they found a man who claims to practise on Hadith only, (without following a mazhab). It is not my object right now to discuss him. Hence, to achieve their aim, they went to this person to see if their object could be fulfilled. That person issued a verdict that if he has consumed less than five sips, she does not become impermissible for him (to marry).

They immediately wrote out a questionnaire stating that a man drank two sips of milk from a woman during infancy. Does she become his foster mother? The answer was written (by that person) with the Hadith:لا تحرم المصة ولا المصتان  (One or two sips do not create prohibition.), whereas this Hadith had been abrogated through the verse of the Holy Qur’an:

Surah Nisa 4:24(Forbidden upon you are your mothers, daughters, sisters, paternal aunts, maternal aunts, nieces [brother’s daughters and sister’s daughters], your foster mothers, and foster sisters.) [4:24]

The man became very happy and proceeded to the husband and wife and handed the Fatwa over to them saying: ‘This after all is also an Aalim’s fatwa. If we practise on it, what harm will there be?’”

Today, this is the kind of self-interest that is found in people. [2]

[1] رد المحتار : 4/80 : لما في التاترخانية حكى أن رجلا من أصحاب أبي حنيفة خطب إلى رجل من أصحاب الحديث ابنته في عهد أبي بكر الجوزجاني فأبى إلا أن يترك مذهبه فيقرأ خلف الإمام ويرفع يديه عند الانحطاط ونحو ذلك فأجابه فزوجه فقال الشيخ بعد ما سئل عن هذه و أطرق رأسه النكاح جائز و لكن أخاف عليه أن يذهب إيمانه وقت النزع لأنه استخف بمذهبه الذي هو حق عنده وتركه لأجل جيفة منتنة

[2] Ashraful Jawaab Pg.148

To be Continued


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