Necessity of hijab

Discussion in 'Usul al-Fiqh' started by Unbeknown, Jan 14, 2017.

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  1. Unbeknown

    Unbeknown Senior Moderator

    I haven't read bin-bayyah's book on "minority fiqh", but someone who has, told me that it contains stuff that not only contradicts the ijma' but also daruriyaat ad-deen.

    ironically, the opening chapter of the book (pdf attached) warns the unqualified and ineligible about the destruction that would result if they take upon their undeserving selves the great task of issuing fatawa.

    this is just one of the hadith that bayyah has quoted in the chapter. It states that on the day of judgement, amongst the ones who will receive the severest of 'azaab, shall be those who misguide people by speaking without having acquired knowledge:

    وأخرج الطبراني في الكبير عن ابن مسعود قال: قال رسول الله صلى الله عليه وسلم:أَشَدُ النَّاسِ عَذَاباً يَومَ القِيامَةِ رَجُلُ قَتلَ نَبِياً أو قَتَلَهُ نَبِيُّ أو رَجُلُ يُضِلُ النَّاسَ بِغَيرِ عِلْمِ أو مُصَورُ يُصَورُ التَّمَاثِيلَ
    (المعجم الكبير 10/211)

    a talk by bayyah with hanson taranslating:https://scholarview.pivotshare.com/media/fiqh-of-minorities-in-islam/25866/feature
     

    Attached Files:

  2. abu Hasan

    abu Hasan Administrator

    shall we abandon our religion and our culture for fear of ridicule?

    hamza is reported to have said:

    "The laws are there to serve human beings; we are not there to serve the law. We are there to serve Allah, and that is why whenever the law does not serve you, you are permitted to abandon it, and that is actually following the law. ... The law is for our benefit, not for our harm. Therefore, if the law harms us, we no longer have to abide by it."
    ====
    this is the mutazili position of 'wujub al-aSlaH'.

    the mutazilah say that it is wajib for Allah taala to do that which is good for us; they call it "wujub al-aSlaH"

    we sunnis say that nothing is wajib on Allah taala

    'if the law does not serve me' is an open license.

    a homosexual may say "i am a homosexual by nature, not by choice. so the law should serve me. when it doesn't, i can abandon it"

    another may say: "i am addicted to drugs/alcohol. if i do not take my daily dose, i will become violent". so according to mark californian's fiqh [which mark probably has a direct chain thru his zindiq kafir pir seyyid nasr to the schuon] it is permissible.

    al iyadhu billah.

    ---
    we are bound by the shara'a. that is what mukallaf means.
    however, when there is a genuine excuse, certain obligations are exempt upon genuine circumstances, but not on mere whims - nor does one specific case, allow for a generic ruling worldwide.

    this is why alahazrat's risalah on amakin al-rukhas, 'concessions' is a necessary read.
    ---
    concession in need is not the same as 'freedom to abandon when it doesn't suit you'

    Allah ta'ala knows best.
     
    Nur al Anwar likes this.
  3. abu Hasan

    abu Hasan Administrator

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    Last edited: Jan 14, 2017
  4. Aqdas

    Aqdas Staff Member

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