Book: maslak e ikhtilal

Discussion in 'General Topics' started by Unbeknown, Nov 18, 2017.

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  1. abu hamzah

    abu hamzah New Member

    View of Shah turabul haq qadri (madda zillahul aali) about photography and video, is as per Maulana akhtar raza khan (taajush Shariya).

    Question answered on ahlesunnat.net
     
  2. abu hamzah

    abu hamzah New Member

    View of Shah turabul haq qadri (raHimahullah) about keeping beard as per abdullah ibn e Umar (radiallhu anhu), four Noble Leaders (ayimma e arba) and in particular Shafai clerics.

    Question answered on ahlesunnat.net
     
    Last edited by a moderator: Aug 2, 2018
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  3. Unbeknown

    Unbeknown Senior Moderator

    that is what Alahazrat said, that is what mufti Amjad Ali 'Azami said, that is what Imam Subki said, that is what every sane and learned scholar who really cares for the aamaal of the people and fears Allah ta'ala and wishes to close the doors to nafs-worship would say.

    As saqib shaami does not fulfill any of the above criteria - he says otherwise.

    -----

    We must not forget, this book was written to justify saqib's public actions, that is why it was essential that it be spread among common people, even if it meant destroying their aamaal and exposing them to temptations.

    ----

    I have several reasons to believe that, a t it's core, this book is actually an exercise in vendetta, and secondly a public relations tool, to project saqib as a 'scholar'.

    saqib cares little what is written in it and what effect it will have. He doesn't even care if it's patent falsehood. All he knows is that his objective has been achieved. His blind fans now believe that he some sort of a super-scholar, a Muftis' Mufti. That image is not going to be shed anytime soon.

    But as the hadith says - Everything in this world has a descent, a deterioration, a fall.

    Fame and popularity are fleeting moments, but the one who hankers after glory, has his mind and heart switched off. Only when the sun of their fame finally sets, do they realize (even if they don't give voice to this realization) how much destruction they have wreaked upon their souls and those of their followers. But by then it is always too late.

    Saqib's twenty minutes of fame will soon succumb to the natural forces of decay and obsolescence - he will soon be buried in the pages of history - a forgotten past - aw tasm'au lahum rikza?

    But the brightness of the Sun of Bareilly will continue to illuminate the hearts of millions, as it has been doing for the past century, for it is divinely ordained and is sustained by the Noor of him who:

    la zillu lahu, bal kaana Noora, tanaal ash shamsu minhu wal budoora, wa kullul kawn min anwaar i Taaha

    sallallahu 'alayhi wa sallam

    and the fact will remain, in sha Allah ta'ala, centuries from now, when all of us who are alive today shall be lying under the turf:

    sab unse jalne waalon ke gul ho gaae chiraag,
    Ahmad Raza ki sham'a farozaan hai aaj bhi



    And Allah ta'ala knows best.
     
    Last edited by a moderator: Aug 2, 2018
  4. Juwayni

    Juwayni Well-Known Member

    I've seen this quoted often and it needs contextualization. Talfīq can occur for a layperson just as it can occur from someone apparently learned mixing opinions.

    Premise 1: the laiety must be protected from inadvertently breaking/nullifying their acts according to multiple madhhabs (e.g. touching one's wife after getting a cut).

    Premise 2: letting laypeople pick from amongst the various opinions can and most likely will lead to inadvertently breaking/nullifying acts according to multiple madhhabs.

    Conclusion 1: therefore, laypeople should not be allowed to blindly pick and choose from different madhhabs.

    Conclusion 2: and therefore a layperson should just follow one madhhab.
     
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  5. ridawi

    ridawi Muhammadi Sunni Hanafi

    one thing that stands out to me is why he did not discuss the beard issue in the book? maybe he is preparing a full book on the issue.

    nevertheless, let me have a go at his argument. I think I’ve got the hang of it now -

    trimming the beard to less then a fistful is not haram by ijma. Hence, it is an ikhtilafi issue across the four madhhabs. Because of this, you cannot do tafsiq of a Hanafi who considers it permissible to trim the beard short. I think i've nailed it.

    someone may then ask him, which I assume many have: what about the fatawa of alahazrat where he has done tafsiq of a person who trims the beard short? saqib, thinking on the spot, replies: he is a mujaddid, he has the right to do tafsiq, we don’t (see clip).

    ajeeb. Perhaps saqib saheb has misunderstood the definition of mujaddid. Mujaddid according to him must mean a person who invents new principles in the religion – al-iyadhu billahi ta’ala. Why is the permission to do tafsiq exclusively the right of the mujaddid? maybe there is such a thing as mujaddid prerogative (cf royal prerogative), whereby the right to do tafsiq can only be used by a mujaddid.

    what if someone argues the same about the fatwa of kufr on the deobandi elders. 'he is a mujaddid, he can do takfir, we can't'. na'udhubillah min dhalik.

    pagalpan ki bhi koyi hadd hoti hai janab.
     
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  6. Unbeknown

    Unbeknown Senior Moderator

    if the laity is to be advised to refrain, why is the peer free to act as he likes?

    secondly, if a hanafi wants to follow a weak opinion within hanafi madhhab, then as per saqib, he must first intend to follow the dispensation of the shafi'i madhhab which allows acting on weak opinions, then he must intend to follow the weak opinion of the hanafi madhhab!

     
  7. Unbeknown

    Unbeknown Senior Moderator

    that question has already been answered by saqib - as per him a layperson (which includes everyone below the lowest status of ijtihaad) has no madhhab whatsoever. His madhhab is the madhhab of the Mufti he is asking - and in this case, it is not the Mufti naaqil but the Mufti mujtahid - i.e. - who holds a rank from one of the varying ranks of ijtihaad.

    THIS is the conclusion derived from "annal aamiya, la madhhaba lahu" by saqib and those muqallids who subscribe to the philosophy of carte blanch frolicking between madhhabs.

    see this and this.

    So "Aami" as per this theory includes Alahazrat himself - when Alahazrat wrote himself as a "hanafi", as per saqib, he had no idea of this asl whose discovery is to be credited to saqib shaami alone.

    subHan Allah
     
  8. Juwayni

    Juwayni Well-Known Member

    Elephant of a question in the room: why even have madhabs? If the layperson is considered sahib-e-tarjeeh why do they stop there?
     
  9. ridawi

    ridawi Muhammadi Sunni Hanafi

    with regards to acting upon a weak stance (qawl e da'eef), page 75 has the following discussion (summarised):

    there are two distinct cases:

    (1) to give effect to a weak stance for the sake of another
    (2) to act upon a weak stance yourself.

    with regards to the first case, (1) to give effect to a weak stance for the sake of another consists of two scenarios:

    a. a mufti who issues a fatwa on a certain stance for the questioner
    b. a judge who issues a judgement upon a certain stance for the one seeking the decision

    in both these scenarios, to issue a fatwa or judgment on a weak stance is haram by ijma’.

    as for the second case ((2) to act upon a weak stance yourself):

    acting upon a weak stance that has not been rendered severely void, even if it is without any need or necessity, is differed upon. In hanafi fiqh, the ruling is that to act upon it is not permissible. However, according to shafi’i fiqh, it is permissible.

    therefore, whoever acts upon a weak stance, his action is correct according to some imams. Although he will be sinful for not acquiring the ilm and for not asking the fatwa, but the laity will be kindly told the ruling and advised to refrain.

    citing fatawa ridawiyyah: alahazrat did not do tafsiq of members of the public who pray or make dua loudly between the two jumu'ah khutbahs even though their action is contrary to the rajih stance.

    [end of summary]
    -------------

    subHan Allah! contradiction upon contradiction. When you do not know basic usul, this is what happens.

    first of all, if acting upon a weak qawl is not haram by ijma because according to the shafi’i position it is allowed, then why will the laity be kindly told the [rajih] ruling and told to refrain from the weak stance?

    remember on page 77 he writes, citing fatawa ridawiyyah which cites al-hadiqah al-nadiyyah:
    when the position of permissibility for a ruling can be derived from a stance within our madhhab or from the position of another madhhab, then it is not that type of rejected action [munkar] which must be denied and is necessary to stop. but rejected is that whose hurmat and prohibition is proven by ijma.

    based on this quote, as acting upon a weak qawl is not haram by ijma, it should not be necessary to stop it. so why does saqib write a few lines later that the laity should be told to refrain. does he even know what he is writing? he picks a quote and applies it wherever he feels like it.

    'alahazrat did not do tafsiq of members of the public who pray or make dua loudly between the two jumu'ah khutbahs even though their action is contrary to the rajih stance.' citing this as evidence in the chapter of acting upon weak positions does not make sense whatsoever. because in this ruling (ie for the follower to pray or make dua loudly between two khutbahs) there are varying positions all of which have received tarjih and tashih [see fatawa ridawiyyah 8/488]. so the differing positions are not 'weak' per se. hence no one is acting upon a weak position when they pray loudly between two khutbahs. they are acting upon a position that has also been considered rajih and sahih, and the principle is that when there are various positions that have been given tarjih, then a person has the choice to act upon either and there is no objection upon him [see fatawa ridawiyyah 8/490].

    so why is this included in the chapter of 'acting upon weak positions'?

    looks like the entire concept of rajih and differing tarjih has saqib saheb confused. a quick read of sharah uqud rasm al-mufti by allamah shami and ajalla al-i'lam by alahazrat should solve that.
     
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  10. abu Hasan

    abu Hasan Administrator

  11. abu Hasan

    abu Hasan Administrator

    "that is not OUR problem. we are not worried about implications. we will argue for freedom of choice." [/sarky]

    yeah, so when it is convenient, you make him the mujtahid. when it is not conducive to you, even muftis are unable to make a call.

    "one can choose from any of the schools anytime and swap it back and forth as many times as he likes. at the same time, you cannot follow a prominent mufti - even if he is at the level of mujaddid for certain things that are not convenient for us."

    saqib and his cheerleaders have one of the most messed up madh'hab ever!

    ---
    http://sunniport.com/index.php?threads/taking-rulings-from-different-schools.13813/page-2#post-63872


    [disclaimer: nobody said what is mentioned in quotes. am just articulating the implications of what some people passionately argue about.]
     
    Last edited: Aug 1, 2018
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  12. Juwayni

    Juwayni Well-Known Member

    To be honest, I sympathize with the layperson witnessing this. Man perhaps just wants a clear statement of law on matters that pertain to him while holding down a 9-5 and paying bills. Someone explain to me how we're expecting laypeople to functionally do tarjeeh...
     
  13. abu Hasan

    abu Hasan Administrator

    this is what we feared at the passing of taj al-shariah raHimahullah.

    ===
    i wonder: would saqib dare to do these stunts in bareilly, so long as taj al-shariah was present? (i have heard saqib has even gone to bareilly and held gatherings. please confirm).
     
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  14. abu Hasan

    abu Hasan Administrator

    some well-meaning and sincere scholars are indirectly responsible for helping those who opened the pandora's box. they can be excused for their honesty and inexperience, but we need to wait and watch how the frankenstein will be managed, now that it is let loose.

    ===
    one simple su'al:

    respected mufti sahib

    kya kisi fasiq mu'lin ko fasiq kahne ke liye fatwa ki zarurat hai? masalan ek shaks daarhi mundata ya ek mutthi se kam katarwata hai. kya is ko fasiq kah saktey hain? agar koyi sunni sahihu'l aqidah, jis ki darHi sharayi had tak ho, tamam masayil e namaz janta ho, aur tajwid bhi durust ho - kya woh iske peeche namaz parh sakta hai? aur agar fasiq samajh kar apni jama'at khud banaye to us par kya hukm hai?

    ek pir sahib job khud bhi darhi katarwatey hain, aur mazameer ke saath sama'a `ala'l iylan suntey bhi haiN - balke chahtey hain ke ye awaam mein raayij ho; aur ye TV par ek mash'hur mufti sahib ke huzur iz'haar bhi kartey hain: un ka ye kahna hai, ke mujaddid hi tafsiq kar sakta hai, ghayr mujaddid nahin. to jitne mufti sahiban ghayr mujaddid, jo apne fatawa mein itni aasani se fasiq likh dete hain, un par kya hukm hai?

    ====
    saqib's inability to understand the implication of his statement makes one smile at his 'world renowned research scholar' status.

    ya'ani mujaddid ne jis ki tafseeq ki hai, hum uska inkaar kar saktey hain. mujaddid ki mukhalifat karna bajaa hai, magar muwafiqat karna jayiz nahin hai. that is win-win you know!

    so if a mujaddid did tafseeq of those who trim their beards, we can openly oppose him and say: "mujaddid sahib. all we need is your name to sell our wares. we don't need your informed opinion, nor your proofs. all we need is your name to rope in the gullible public and gullible ulama. we will do what is useful/beneficial for us. if necessary we will even distort your statements to claim that you support us."

    ab drama dikhayega kya scene
    pardah uthne ki muntazar hai nigah
     
    Last edited by a moderator: Aug 1, 2018
  15. Unbeknown

    Unbeknown Senior Moderator

    further into the video he says "woh mujaddid hai is liye woh tafseeq kar sakte hain. hum nahi kar sakte".

    new principle of fiqh - he should add it to the corpus of usul literature:
    1. Shari'ah is different for a mujaddid and a non-mujaddid.
    2. Mujaddid can give certain rulings which others cannot.
    3. Even so, it is not mandatory to obey this "exceptional" ruling of the mujaddid.
    4. Nor is it allowed to quote that ruling. It only exists to be written in gilded lettering on glossy paper, sprinkled with oud, framed in redwood, gift-wrapped and placed in a locker in the dungeon.
    Do nonsense and balderdash have any limits?
     
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  16. Unbeknown

    Unbeknown Senior Moderator



    Saqib did not disappoint. I had a strong hunch he would do this. He is a seasoned old hand who knows well how to play to the gallery.

    These days the words "taaj al-shari'ah" work like magic. The popular sentiment quickly melts in favor of anyone who praises taaj al-shari'ah.

    This is business time - conversion rates are high and customer loyalty is guaranteed.

    But besides invoking the magic word, saqib also did what he is best at doing - lying cleverly - leaving a small space for deniability.

    At the start of the video he says: "mujh ko bataya gaya hai ke hamari kitaab ke kuchh chapters huzur taaj al-shari'ah ki bargaah me padh kar sunaae gae"

    what he wants the aawaam to think is that his pack of lies has been endorsed by hazrat. Given that now hazrat will not come back to refute attribution of this lies to him - we know that it's a clever move - a gamester and conartist would gives saqib a genial pat on the back for it.

    Needless to say, it's a disgusting, cheap, mean and low thing to do - abuse the name of a departed soul and the trust of the simple awaam.


    well-done saqib. with this you have established yourself as a bonafide liar.

    for saqib, the path henceforward only leads to further dense thickets of misconduct. As far as I can see, he's lost the game to the devil.

    We seek Allah's refuge from becoming like him.
     
    Last edited by a moderator: Jul 31, 2018
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  17. Aqdas

    Aqdas Staff Member

    This is opening the doors to a free for all and pick and mix Islam.

    Trimming below a fistful is fisq? Ok, I'll change my opinion that it isn't wajib to have a fist so hey, I'm not a fasiq any more!

    Music is fisq? Ok, I'll change from Alahazrat's stance and now I'm not a fasiq.

    This is making a joke of shariah. Follow nafs. Change rules. No one will be a fasiq any more.
     
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  18. Unbeknown

    Unbeknown Senior Moderator

    and the thought and belief of the murtakib is not bound by any conditions - he can think-and-believe a different thing - even mutually exclusive things - at different occasions and still be right always.

    truth then is a transient entity, depending on an individuals mood/inclinations.whims and/or his ease and dunyawi preferences.

    I don't recognize this as the shari'ah of the perfect deen of Islam but some gross mutation of it.

    And Allah ta'ala knows best.
     
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  19. Unbeknown

    Unbeknown Senior Moderator

    forgot to mention, saqib has dedicated this book to mufti maznoor ahamd faizi sahib himself.

    is he making a mockery of the late mawlana? - "peer sab you didn't know this. I have done this great research using the priceless pick-and-choose-hide-and-lie methodology. here's to you."

    la Hawla wa la quwwata illa bi Allah
     
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  20. ridawi

    ridawi Muhammadi Sunni Hanafi

    tafsiq can only be done in two case according to the book:

    1. when the hurmat is ijmai
    2. in the case of a differed upon ruling whereby the doer considers the act haram

    this begs the question: can a mufti of a certain madhhab do tafsiq of a muqallid within that madhhab for carrying out an act that is haram within the madhhab but not haram by ijma? For example, can a hanafi mufti do tafsiq of a person who misses jama’ah intentionally? It is known that the ruling regarding jama’ah within the masjid is not ijmai. In fact, within the hanafi madhhab itself, there are 6 positions regarding jama’ah [see fatawa ridawiyyah 7/101]. however, the qawl that it is wajib or at least sunnat e mu'akkadah is the preferred stance [see radd al-muhtar].

    now, in light of maslak e i'tidal, consider the following scenario -

    zaid, a knowledgeable man, though not a scholar, acknowledges the preferred stance in the hanafi madhhab but after reading maslak e i'tidal he misses jama'ah intentionally and says: missing jama'ah intentionally is not haram and you cannot call me a fasiq because it is not haram by ijma.

    or he says:
    i take the position that it is mustahab and do not agree with it being wajib, hence you cannot call me fasiq for habitually missing the jama'ah.

    the book would have you believe that in both cases, zaid is correct and a mufti cannot say he is fasiq. in fact, you should not even consider such a person as doing anything wrong. after all, it depends on the thought and belief of the murtakib (see here). this is the understanding of a young pir without an education.

    now see what the mufti to whom all muftis turn says [summarised]:
    the one who habitually misses the jama'ah or does not attend the masjid, he is a fasiq and a fasiq is not capable of being followed [in imamat] [fatawa ridawiyyah 7/206].

    just below, he says:
    when questioned about a person who considers praying salah with jama'ah as mustahab, he writes -
    if he believes jama'ah to be mustahab in the sense that he does not consider it wajib or sunnat e mu'akkadah and merely sees it as a desirable act, he is severely incorrect and seriously mistaken, and opposes authenticated ahadith and the statements found in all fiqh books. [fatawa ridawiyyah 206-207]

    nevertheless, despite the ruling on jama'ah not being ijmai, despite it being differed upon within the hanafi madhhab, the one who intentionally and habitually misses jama'ah has been labelled a fasiq [see fatawa ridawiyyah volume 7]. why? ponder o saqib.

    more on this, in light of maslak e i'tidal, later in sha Allah.
     
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