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Discussion in 'Hanafi Fiqh' started by Bazdawi, May 17, 2017.
Re: The Absurdity of Non-Madhdhabism by Shaykh Amjad Ali Aza
i re posted what noble brother naqshbandijamati posted in the above format to make it easier for people to read,
Re: The Absurdity of Non-Madhdhabism by Shaykh Amjad Ali Aza
A Ghair Muqallid Wahhabiyya Woman’s Attempt to Act on the Whole Shari`a
By Hazrat Sadr al-Shari`a Hazrat `Allama Abu’l `Ala Muhammad Amjad `Ali A`zami Rizwi (may Allah raise his rank and sanctify his secret)
(translator’s note: This parable was appended by Hazrat Sadr al-Shari`a to A`la Hazrat Imam-e Ahl-e Sunnat, Shah Ahmad Raza Khan Qadiri’s fatwa “al-Nayyir al-shihabi `ala tadlis al-wahhabi” (1309/1891) which deals with a ghair muqallid’s ridiculous claim that by restricting oneself to a single madhhab one misses out on the opportunity to act on the “whole shari`a,” and thus it is better to sometimes take masa’il from one imam, and sometimes from another. While A`la Hazrat delivered a thorough refutation of this viewpoint drawing on textual proofs and the practice of the umma, Hazrat Sadr al-Shari`a, in this excerpt, uses an example to demonstrate the absurdity of this idea. Ghair Muqallids tend to restrict their arguments and their passion for the issue of prayer and the other `ibadat. Any attempt to extend the discussion beyond this narrow field, however, immediately makes plain the nonsense which they call a methodology. The impact of this parable is as fresh as ever in our era, when there is no shortage of copies of Fiqh al-Sunna being placed in the hands of the mindless throughout the Muslim world. May Allah save us from this fitna and the virulent idiocy of its supporters.)
Qurban `Ali Bansawi, one of the special devotees of the imam of the ghair muqallids, Maulwi Nazir Husain Sahib, compiled a treatise based on the opinions and fatwas of Nazir Husain, Haydar `Ali, `Abd al-Haqq, Qanauji, and oter Wahhabis, named Tuhfa al-Muminin, which was published by the Nawal Kishore Press in Lucknow after review by the author. On page seventeen of this work it is clearly written in a fatwa that marriage to one’s paternal aunt (i.e. father’s sister) is permissible. In Jami` al-Shawahid the fatwa of another ghair muqallid is copied that marriage to one’s maternal step-aunt is halal. Mr. Nazir Husain Sahib Dihlawi himself once gave a fatwa that one’s paternal uncle through nursing is marriagable. In 1317 hijri a question came from Sundaryapati, Calcutta, regarding a ghair muqallid who had, in accordance with the fatwa of one of their scholars, married his true niece’s daughter. And in truth:
With these same muftis and this same ifta,
One’s daughter and mother might become halal.
Now imagine that, acting upon these fatwas, a ghair muqallid Wahhabiyya woman, at dawn when she reached maturity, married her true nephew (brother’s son) or her step-nephew (sister’s son), or her uncle through nursing, or her father’s maternal uncle. And that man was also a ghair muqallid Wahhabi like her, and considered her halal and like mother’s milk. Or leave that, these fatwas are new. Look to the old leader of the ghair muqallids, Da’ud Zahiri, according to whom one’s wife’s daughter is halal, so long as one did not raise her himself. Thus, the ghair muqallida married her step-father, the ghair muqallid.
Then, as the day rose up, another ghair muqallid came and said to that young nubile afat-e jan that, “This marriage is absolutely invalid by consensus of the four imams. You are still unmarried. Marry me.” The ghair muqallida said, “According to our madhhab the marriage was valid.” In response to that the Wahhabi maulwi said with all kindness, “Dear, one should not restrict oneself to a single madhhab. Then one’s acting on the shari`a will be incomplete. Rather one should at various timesact on each of the madhhabs. Then you will obtain the honor of acting on the entire shari`a.” The ghair muqallida said, “alright, but for a marriage we need witnesses. Where will we find them right now?” He said, “O, ignorant little girl. According to the madhhab of Imam Malik there is no need for witnesses. We’ll act upon that, and then we’ll announce it later on. “ And so, she had her second marriage.
When the late morning came in, a third ghair muqallid came and said, “Girl, you’re still not married. According to three of the imams, and by the command in the hadith marriage does not happen without witnesses. In the hadith people who do thus are called adulterers. I’ve brought two witnesses, now marry me.” She said, “My guardian is not here right now.” The Wahhabi maulwi said, “Dear, don’t you know that in the Hanafi madhhab a mature woman does not need her guardian. Right now, we are acting on the Hanafi madhhab.” That pious woman wanted to act on the entire shari`a, and so she had her third marriage.
When noon-time came in a fourth ghair muqallid came and announced, “Dear, you are still without a husband. The hadith says that without a guardian there is no marriage. And this is the madhhab of Imam Shafi`i and many other imams. I’ve brought your guardian so that now you can have a shar`i marriage to me.” She said, “You’re not a suitable (kafw) match for me. Your lineage is much lower than mine.” He said, “Your guardian is willing, you also get willing, then marriage to someone unsuitable is, according to most of the imams, permissible.” She only wanted to take the path of the full shari`a, and so she married him as her fourth.
In the afternoon, there were two hours left to the day when a fifth ghair muqallid showed up in great pomp, and shouted, “Girl, you are still unmarried. Our big gurus, ibn `Abd al-Wahhab Najdi, ibn al-Qayyim, and ibn Taymiyya were all Hanbali. In the Hanbali madhhab marriage to someone unsuitable is not valid, even if the woman and guardian are willing. This fourth one was not suitable for you. Now marry me.” The ghair muqallida went into a prostration of thanks, saying, “Allah has given me the chance in just four parts of the day to follow five madhhabs and act on the entire shari`a.” Having said this, she married for the fifth time.
Now, Wahhabi, tell me, is that Wahhabiyya the wife of one of them or of all five of them? If only one, then which ayat or hadith is forcing the others to restrict themselves to that one madhhab? Why can they not act upon their various madhhabs and cosider her a ghair muhsana for the others, and each consider her his wife? And why is that poor girl afflicted with Wahhabiyyat being stopped from acting upon the entire shari`a?
And if the answer is yes, this is permissible, and those five men can, thanks to the good fortune of their non-madhhabism, each consider her his wife, and that pious naznin should, acting upon the entire shari`a, give each husband his turn: Zahiri, Maliki, Hanafi, Shafi`i, Hanbali, acting and having each of them act on the five madhahib; then what can we say? But you should remember this couplet from the story made up by those who share your madhhab:
“Queen Draupadi, Great Lady, Arjuna’s woman,
All five Pandavas enjoy her body in their own turn.”
Tell me, which religion is this?
و لا حول و لا قوّة الّا بالله العلي العظيم و صلّى الله تعالى على سيّدنا و مولانا محمّد وعلى آله و صحبه اجمعين
(Translation copyright 2005, Two Bows Press)
Taken from http://www.rizwi.net.
* Note: In the "Mahabharatha", one of the Hindu scriptures, it is narrated how all 5 of the Pandava brothers married Draupadi simultaneously and enjoyed her.