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General Fiqh The Majlis Vol 23 No 05, p.3

In your reply to my question you had said that the Ulama should not perform the Nikah of those who are clean shaven.

Question

In your reply to my question you had said that the Ulama should not perform the Nikah of those who are clean shaven. Such a stance will create a huge problem because most Muslims in this age shave their beards. What then is the solution?

Answer

Your conclusion is erroneous. If all the Ulama adopt this strict stance, the people will then understand the gravity of their sin of shaving their beards. They will then start keeping beards.

Secondly, the presence of an Aalim is not necessary for a Nikah. Any non-Aalim could perform the Nikah.

Thirdly, in practical life, your fear will never materialize because most of the imaams at the Musjids are mercenaries, and they are fully under the control of the fussaaq trustees. These imams will not disobey their fussaaq employers.

Fourthly, Rasulullah (sallallahu alayhi wasallam) had refused to lead the Janazah Salaat of a debtor. Whilst he refused to personally perform the Janaazah Salaat, he allowed another Sahaabi to lead the Salaat. Similarly, an Aalim-e-Haqq who happens to be in control of a Musjid, should not perform the Nikah of a faasiq. However, he should quietly instruct an aami (a layman) to perform the Nikah.

Fifthly, the Aalim could extract from the beardless faasiq a pledge that he will start keeping a beard. If he gives this pledge, the Aalim will perform the Nikah. This was the course of action adopted by Hadhrat Maulana Yusuf Binnoori (rahmatullah alayh).

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