The Majlis Archive
General Fiqh The Majlis Vol 25 No 05, p.6

I am confused regarding the ittifaaq/ijmaa' of the majority of Ulama.

Question

I am confused regarding the ittifaaq/ijmaa' of the majority of Ulama. The Ulama are saying that since the majority is of the view that stunning animals is permissible, this will be the official ruling of the Shariah. There are other similar issues of difference as well. They say that since the majority is of the view that digital pictures are permissible, therefore, this will be the fatwa of the Shariah. They compare their ittifaaq with the Ijmaa' of the Fuqaha of former times. Please read the Fatwa of Darul Uloom Karachi. Please explain the issue of the ittifaaq (consensus) of the majority which I believe is being misinterpreted by the Ulama of the day.

Answer

1) The consensus (ittifaaq) of the majority of molvis on baatil, is the ittifaaq of the shayaateenul ins. It is absolutely ridiculous to compare the consensus of today's ulama-e-soo' with the Ittifaaq of the Jamhoor of the Mutaqaddimeen era.

Ittifaaq of the majority on an issue which is explicitly in conflict with the Nass of the Shariah, is ittifaaq on shaitaaniyat and baatil.

In the absence of a directive of the Shariah - in other words, if there is no Nass of the Mutaqaddimeen on an issue which is a recent development, then the issue will simply be referred to the principles of the Shariah. If it is found to be in conflict with these principles, the fatwa of impermissibility will be issued. If there is no conflict, then obviously it will be permissible.

On a new expediency of this nature, e.g., performing Salaat in a plane, so-called suicide bombing as a tactic of Jihad, printing the Qur'aan Majeed with machinery in which the ink used has alcohol, and no other ink is available, kangaroo meat, etc., etc., there is no Nass from the Fuqaha-e-

Mutaqaddimeen. The Ulama will study such issues in the light of similar mansoos juziyaat and the usool of the Shariah, and issue their Fatwa.

In matters of this kind, there is bound to be ikhtilaaf-eraai' (difference of opinion). It is not permissible to be bigoted and dogmatic and to claim that only 'my' view is the Haqq and the view of the others is baatil. But on issues on which there exists explicit rulings of the Shariah which have been transmitted from the era of Khairul Quroon, the slightest divergence will be intolerable and unacceptable. Opinion and the consensus of the majority of donkey-molvis and sheikhs are the effluvium of the nafs and the stunt of Iblees.

Furthermore, the majority view in cases of this nature, i.e. new expediencies, being consensus of the jamhoor Ulama-e-Haqq of the time, will be acceptable while at the same time, this ittifaaq of the Jamhoor of the current era will not be binding on the dissenting Ulama. However, on issues where there exists Nass of the Shariah, any view which is in conflict, be it the opinion of the socalled jamhoor of the time, will be mardood and mal-oon, and those who follow such baatil ittifaaq will come within the scope of the Qur'aanic castigation: "They take their ahbaar and ruhbaan as gods besides Allah and also (they take as god) Maseeh, the son of Maryam."

This type of baatil ittifaaq is on an issue such as stunning animals prior to Thabah. Thabah is Mansoos Alayh. The full tareeqah of Thabah, from beginning to end, is Mansoos. Changing any mas'alah in this system without valid Shar'i cause is baatil and haraam. It will be Tahreef-e- Shariah (interpolating and mutilating the Shariah). In terms of the Nass of the Shariah, inflicting injury on an animal prior to Thabah is haraam. The infliction of injury is of genus significance. It covers all forms of injury. Even the act of sharpening the knife in front of the animal which is to be slaughtered is prohibited. When such an indirect act which is not a

physical act of injury is also prohibited, then to a far greater degree will the brutality of stunning be prohibited.

Now, since infliction of injury is haraam by the Nass of the Shariah, the ittifaaq of a whole world of moron molvis will be baatil, and it will be haraam for even the awaam (the masses) to submit and follow. They will come within the criticism stated in the aforementioned Qur'aanic aayat.

Ittifaaq of Jamhoor never means validity of an ittifaaq which is in conflict with any Nass of the Shariah or which abrogates a Shar'i hukm. Any ittifaaq of the jamhoor molvis of this era which gives precedence to a method or concept of the kuffaar over and above the method ordained by the Shariah, is kufr. Precisely for this reason has Hadhrat Thanvi (Rahmatullah alayh) said that approval of stunning is tantamount to kufr.

2) We have as yet not read the fatwa of Darul Uloom Karachi. However, we must say that the fatwas issued by this institution are not necessarily reliable. They condone sareeh (explicit) haraam practices, and they are adept in the art of ta'weel baatil. We have criticized Mufti Taqi on several issues.

MERCY

Hadhrat Sayyid Ahmad Kabeer Rifaa'i was a descendent of Rasulullah (Sallallahu alayh i wasallam). He was among the greatest Auliya. While at the blessed Qabr of Rasulullah (Sallallahu alayh i wasallam) for Ziyaarat, the mubaarak hand of our Nabi (Sallallahu alayhi wasallam) emerged from the Holy Grave to make musaafahah (shake hands) with Sayyid Rifaa'i.

Once Hadhrat Sayyid Rifaa'i saw a dog suffering from scurvy. The dog's entire body was afflicted with the disease. It laid sprawled on the ground. Taking pity on the dog, Hadhrat Sayyid Rifaa'i picked it up, took it home and tended to it with the necessary medication. After a few days the dog was fully cured.

Mercy is an intrinsic attribute of Imaan, while cruelty is integral to kufr. The greater the level of Taqwa, the more mercy will there be in the heart.

THE NOBLEST

"Verily the noblest of you by Allah are those of the most taqwa among you."

(Qur'aan)

On the Day of Qiyaamah, Allah Ta'ala will announce: "Call the people of Taqwa!" The Muttaqeen will be called and assembled by the Malaaikah. Angels leading with flags will be followed by multitudes of the Muttaqeen who will be led into Jannat without Hisaab. Without any reckoning, they will enter Jannat. (May Allah Ta'ala include us among that most fortunate and most successful group of His devotees, Aameen).

CONSEQUENCES

OF KUFR

In Baghdad there was a Muath-thin who fell in love with a Christian girl. He was so overwhelmed with the insanity of this love that he set up camp outside the residence of the girl. He remained there for a month having abandoned giving Athaan and performing Salaat.

One day the girl's father asked him to explain the reason for his prolonged presence. He explained clearly that he was in love with the daughter and he wanted to marry her. The father said that he will first have to comply with two conditions: (1) Become a Christian, and (2) Tend to his pigs for 5 years.

This unfortunate man accepted both conditions. After expiry of the 5 years, he was married to the Christian girl. The very day he went upstairs to his bride, he fell and broke his leg. The injury could not be cured. Ultimately, it became cancerous and teeming with worms. People detested him, and the father expelled him from the house.

This murtadd suffered for a whole year on the streets and finally died a kaafir. He was the loser in both the dunya and the Aakhirat.

NIQAAB

BANNING

European countries and even the kuffaar government of Algeria have banned the Niqaab. Ostensibly the ban is a display of hatred for Islam. Nevertheless, the prelude for this banning is the abandonment of true Hijaab by Muslims themselves. As such, it is a punishment of Allah Ta'ala.

Hijaab is not restricted to donning the Niqaab. Hijaab is a whole system which requires Muslim females to remain within the precincts of the home. Muslim women all over the world have completely abandoned Hijaab. In fact, they regard the niqaab as a licence for free and unrestricted roaming and prowling in the public domain.

As a punishment, Allah Ta'ala is now inflicting the phenomenon of islamophobia which brings humiliation and danger to Muslim women who deem it appropriate to wander around in public places.

When Muslims themselves indulge in flagrant violation of the ahkaam of the Shariah, then Allah Ta'ala humiliates and punishes us in different ways. Islamophobia is one such way. Muslims are deserving of the humiliation which they have invited with their rebellion against Allah Ta'ala.

"O my Rabb! Verily my people have made this

Qur'aan an object of buffet (like a football)." (Al-Furqaan, Aayat 30) This will be the lament of Rasulullah (Sallallahu alayhi wasallam) on the Day of Qiyaamah. This complaint will be against Muslims who subject the Qur'aan to nonsense, making it an object of entertainment and for the procurement of nafsaani and monetary objectives.

Among the haraam nonsensical activities in this regard are:

Qur'aan competitions

Recitations by fussaaq qaaris for public entertainment and monetary gain

Youngsters taken to Madinah Munawwarah for an ostentatious Qur'aan khatam.

Girls hifz parties

These activities are only one dimension of making the Qur'aan a nonsensical object for buffeting as if it is a football. There are other ways of forsaking, abandoning and buffeting the Qur'aan Majeed as well. Qur'aan Competitions

Allah Ta'ala did not reveal His glorious Book for entertainment and for doling out prizes. Nor did Allah Ta'ala reveal the Qur'aan to be mocked and sung by fussaaq an fujjaar qaaris for monetary gain and public entertainment. While the participants in these competitions - the faasiq reciters and the faasiq audience - believe that they are engaging in acts of ibaadat, they are in reality making a mockery of the Qur'aan Majeed by misusing and abusing it. Never was it revealed for such despicable purposes for which it is being employed nowadays.

The primary objective of the Qur'aan Majeed is to provide hidaayat (guidance) which is the way of salvation in the Aakhirah. With the Qur'aan the Aakhirah has to be secured.

Madinah Khatams

Another new bid'ah which has been developed by some morons motivated by takabbur and riya, is to take their young hafiz to Madinah to make a khatam in Musjid Nabawi to enable them (the parents) to speak with stupid pride about their son having made a khatam in Musjid-e-Nabawi.

Nothing but ujub (vanity), takabbur (pride) and riya (show) impel the morons to embark on this wasteful exercise. From whence have they acquired this bid'ah? They are bereft of sincerity and aql (brains). If they are sincere they will not join the brotherhood of Shaitaan by being so wasteful, squandering so much money journeying to Madinah for an activity which has no Shar'i significance.

If parents are truly happy on the occasion of the Hifz accomplishment of their child, focusing on the wonderful treasure of reward awaiting them in the Aakhirah, they should acquit themselves with genuine shukr. They should express their heartfelt gratitude to Allah Ta'ala by means of giving Sadqah unostentatiously and silently to the Fuqara and Masaakeen. The practice of these jalsahs of riya and israaf, and merrymaking parties are satanic functions which are organized at the despicable cost of making a mockery of Allah's Kalaam.

Girls Hifz

This too has become a practice of riya. It should be remembered that a girl is not an object of advertisement such as the females who are satanically utilized by the kuffaar to advertise and market commercial wares. The Muslim female is Aurah from head to foot, including her voice. But nowadays, jaahil parents are proud to crow like cocks and cackle like hens to inform the world of the hifz accomplishment of their daughters.

Ibaadat is not an act for advertisement. There is no need for the community nor for the neighbour to know if your daughter has become a haafizah. But today, this female accomplishment is advertised and broadcast even on the satanic radio and internet media to gain maximum publicity for the parents who stupidly bask in their stupid pride.

Furthermore, parties are organized to give maximum publicity for the event and the accomplishment of the girl. Then to compound this villainy, the girl is showered with gifts as if she has become a bride. Was this the contemptible purpose for which she became a haafizah? Does one perform Salaat, fast and make Tilaawat for gaining publicity? Are these acts of ibaadat for the acquisition of praise and accolades and monetary gifts and gains? Just as Salaat and Saum are private acts of ibaadat, so too is the accomplishment of Hifz. It is never the subject of a party and jalsah of riya, takabbur and israaf.

A girl has to be concealed, not projected and exhibited in public. The kuffaar exhibit their females in advertisements. Muslims are now advertising their girls via the medium of the Qur'aan Majeed. They utilize the Qur'aan Majeed to ruin and eliminate the haya (natural shame and Imaani modesty) of their daughters. This attitude and customs are most disgusting.

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