The Majlis mentions in its booklet, MAKROOH, that persistence in practising Makrooh Tanzeehi transforms the act into Makrooh Tahreemi.

Answer

What some Muftis have said in this regard is technically correct. Our article on MAKROOH dealt primarily with the gravity of Makrooh Tahrimi. We emphasized that according to all our Fuqaha, Makrooh mentioned in the Kutub refers to ‗haraam'. That is: Makrooh Tahrimi is the same as Haraam.

As far as practical expression of the Ahkaam is concerned, it is incumbent to abstain from all undesirable acts regardless of their Fiqhi designations. The Fiqhi designation of Tanzihi is not to be regarded as a licence for free commission of such acts which are describe technically as ‗Makrooh Tanzihi'.

The permanent Sunnah practice is Waajib irrespective of the technical categories to which the Fuqaha have assigned the ahkaam. Ibnul Mulaqqeen states in his Al-I‟laamu bi Fawaaid Umdatil Ahkaam:

"From the Hadith is gained the difference between Tanzeeh and Tahreem prohibition….And that (difference) in the Urf of the Sahaabah is related to Ilm. However, with regard to amal (practice), they did not differentiate in it. But they would totally abstain from Makrooh Tanzeehi and Tahreemi. Whoever has investigated their actions, statements and the principles of the Shariah will find the issue to be so." Vol.4, page 468

Our discussions generally centre around practise in daily life. In the course of such discussion, we do not adhere strictly to technicalities which are misunderstood and even mis-applied by the masses and even by most molvis of this age.

Anything disliked and discouraged by the Shariah is to be shunned. It may not be practiced on the basis of it not being a sin

technically. Thus, regardless of the Fiqhi classification, giving practical expression to it is abominable, and despite it not being a sin in terms of the Fiqhi classification, the perpetrator shall rue his commission on the Day of Qiyaamah. There are innumerable episodes of ‗punishment' in the dunya and in Aakhirah for acts which in terms of Fiqhi classification are not sinful. What do the Muftis say about a man who exclaims: "The yoghurt of Hindustan is tastier than the yoghurt of Madinah."? What do the honourable Muftis rule? While the Muftis who fail to apply their brains constructively will say that it is ―not sinful‖, hence no punishment, Rasulullah (Sallallahu alayhi wasallam) by means of ‗Kashf', reprimandingly said to the Buzrug: "If the yogurt of Hindustan is tastier than the yoghurt of Madinah, then GET OUT FROM MADI- NAH"!!! Can this be a bearable punishment for a Mu'min? Consult your heart and your conscience!

While the short-sighted muftis cater for speciality, we cater for reality and have the best interest of Muslims at heart, and their best interest are applicable to the life of the Aakhirah. Ilm is pursued for amal, not for debating with technicalities which overshadow and defeat the Maqsood of life on earth.

Our advice to the honourable Muftis of the Madaaris is to confine their technicalities to the Talaba who are pursuing Ilm at the academic level. They should not create confusion among the masses with superficialities and technicalities. The Mansab (lofty pedestal) of a genuine Mufti demands that he keeps his focus on the practical life of Muslims.