Many Ulama claim that Mufti Rasheed Ludhyaani (Rahmatullah alayh) was unnecessarily strict in his fatwas.

Answer

The idea that Mufti Rasheed Ludhyaani (Rahmatullah alayh) was "unnecessary strict", is baseless. He stated his view on the basis of dalaa-il. It is incorrect to say that a view is "too strict" when the Aalim has dalaa-il. The proper course is to negate his dalaa-il by the one who believes that he has erred. It is a layman who speaks the drivel of "strictness". A fatwa is not based on strictness. It is based on dalaa-il. Where we differ with him or with any other Aalim, we do have our dalaa-il. His fataawa are very beneficial and fully in accord with the Shariah. There will always be differences among the Ulama. As long as the differences are based on valid dalaa-il, the differences will be valid.

In our era, the majority is generally in error. 'Majority' is not a daleel, especially in our day. What the Aalim said about his strict disposition is incorrect. While an Aalim's Taqwa and natural disposition do play a role in his fataawa, all his fataawa are based on solid Shar'i dalaa-il. He opposed the majority on the basis of Shar'i dalaa-il, not on the basis of tabiyat.

Mufti Rasheed was a staunch follower of Hanafi Fiqh. Every great Aalim slips and makes errors, even the great Aimma-e-Mujtahideen.

If tabiyat overwhelms daleel, then obviously the Mufti will be in error. For example, one senior Mufti of Pakistan (he no longer lives) was asked whether drinking Fanta is permissible. He replied, and his fatwa is published in his Fataawa: 'Bandah Fanta peeta he." (I drink Fanta). Now this 'fatwa' is drivel. It was a state-

ment made to cover up the Mufti Sahib's weakness.

Whether the bandah consumes Fanta or not, is not the issue. The issue is: Is it permissible to drink Fan-ta?" In response, the Mufti Sahib had no Shar'i daleel, hence he had grievously erred with such a nafsaani answer.