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| Fatwa # 14243 from United States |
Date: Thursday, May 11th 2006 |
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Miscellaneous |
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I know in the Hanafi madhab niqab is wajib. However, many great Ulama such as Shaykh Nuh and Mufti Mahmud Ashraf 'Uthmani od Darul Ulum Karachi hold that in our times what is stressed more is the head scarf, due to the difficulty and ignorance of people in the west |
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| Question |
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Sayyidi, as a student of knowledge whose teachers reside in the lands of Shaam as well as the Subcontinent, I would like to ask you some questions and hope you will answer them.
[1] Firstly, one of the noble brothers, while answering a question, stated regarding a brother following another school in terms of eating shrimp "You state that you are Hanafi, and eat prawns since the other Madhaahib permit it. This is extremely dangerous and harmful to your Deen". I would liek clarification of this, since Ibn 'Abidin in his Hashiya, and various other Ulama of Ahly Sunnah such as Ibn Hajar Haythami, state that there is agreement amongst the fuqaha that one may follow any position of any school on any issue provided [1] There is no *systematic* seeking of dispensations and [2] that the actions not be mixed in such a way that does not make it valid in any school. This seems to be the position of fatwa, whereas what the brother answered was more in lines of taqwa. If you can provide your views on this.
[2] Regarding the Mawlid, here in the Arab lands the Ulama participate in the Mawlid and hold gatherings for it all the time, and consider it to be a praiseworthy act. This was explicitly mentioned by Imam Suyuti in his Husn al Maqasid and Al Hawi lil Fatawa, as well as Imam Sakhawi who stated in his Badr al Ta'i that Mulla 'Ali Qari wrote a book on its permissibility. Similarly, Imam Abu Shama, the sheikh of Imam Nawawi, said in his book on innovations entitled: al-Ba`ith `ala inkar al-bida` wa al hawadith that the Mawlid is the best innovation. If free of innovation, will it be permissible to hold such a gathering?
[3] I know in the Hanafi madhab niqab is wajib. However, many great Ulama such as Shaykh Nuh and Mufti Mahmud Ashraf 'Uthmani od Darul Ulum Karachi hold that in our times what is stressed more is the head scarf, due to the difficulty and ignorance of people in the west. What is your opinion on this? Further, would it be ok, as some do, to categorize all these sisters who come to university, and work and so forth - who wear proper attire but not the niqab as fasiq's, which to me seems like a general condemnation of the vast majority of Muslim sisters in the west? |
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1. Your objection on our ruling is not clear. Could you quote the relevant texts of Allaamah ibn Abideen al-Shaami supporting the following of any position of any school on any issue. This claim seems strange. Nevertheless, we will respond after having the opportunity of reviewing the texts supporting the claim.
2. If by Mawleed, you refer to Seerah programmes held by the Ulama expounding the life and character of Rasulullah [sallallaahu alayhi wasallam], then that cannot be prohibited if there is nothing un-Islamic in such gatherings. However, one must take cognisance that the general messes do not regard the mere gathering of Seerah in Rabi-ul-Awwal to be compulsory in Shari’ah. To talk about Rasulullah [sallallaahu alayhi wasallam] and his life is compulsory for the preservation of Deen. That is not confined to the month of Rabi-ul-Awwal. It is an ongoing obligation. The specific gatherings during Rabi-ul-Awwal for Seerah programmes should not be regarded as compulsory as such belief is Bid’ah.
3. The purpose of Niqaab is to save oneself and others from Fitnah. Those that are ignorant should be educated and encouraged to don the Niqaab. I do not agree with a general Fatwa categorising all sisters working and not donning the Niqaab as Faasiqa. A ruling is based on an individual’s personal conditions and circumstances. However, this statement should not serve to dampen the importance of Niqaab and confining oneself to just the head scarf.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
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