Realities of Sufism (Shaykh 'Abd al Qadir Isa)

Source: http://www.islamicbookstore.com/b10779.html
Book: Realities of Sufism (Shaykh 'Abd al Qadir Isa)
Shaykh `Abd al-Qadir `Isa. Translated by Suraqah Abdul Aziz. 415 p. 495 grams. Rotterdam, 2009.ISBN 9789079294114

ISBN: 9789079294114
Author: Shaykh 'Abd al Qadir Isa; Suraqah Abdul Aziz (translator)
Publisher: Sunni Publications (October 2009)
Pages: 415 Binding: Paperback

Description from the publisher:

In the Name of Allah, the Compassionate, the Merciful

All praise belongs to Allah as befits His Majesty and Perfection. And may prayers and salutations be upon our Master Mu?ammad and his family.

He is our first teacher and Shaykh; the reliable pillar of those who arrived and the exemplar of the spiritual travellers; the possessor of splendid miracles and manifest spiritual allusions; the Shaykh of the Shadhilis in the blessed land of Aleppo; the reviver of the path of the esteemed ‘Alawi Darqawi Shadhilis in the Levant; the goal of the resolute and the qibla of the purveyors of spiritual divestment; and the possessor of radiant countenance and Muhammadan lights. He is the Shaykh of the noble and renowned Qadiri Shadhili spiritual path [Tariqa]; the spiritual guide and trainer: Sayyidi ‘Abd al-Qadir ‘Isa al-‘Azizi al-Husayni – may Allah have mercy upon him. His biography resembles that of the rightly-guided Ummayad Caliph ‘Umar b. ‘Abd al-‘Aziz – may Allah be pleased with him.

He grew up wearing the finest of clothes and using the most expensive of scents – in fact, similitudes were struck among the people on the basis of his elegant style and handsome appearance. That was until, the people of Allah captivated him with love for Allah Most High and complete immersion in His remembrance. He journeyed from the created universe to the Creator and remained in that state until his soul returned – content with its love for its Lord – to its Maker. May Allah Most High reward him on our behalf with the best reward.

He left Syria for the Hijaz and then to Jordan and was subject to injuries and tests for the sake of Allah. He was confronted by foolish people and remained firm in the face of many types of tribulation. He later went to Turkey to pour out his noble soul to his Maker and was buried next to the esteemed Companion, our master Abu Ayyub al-Ansari – may Allah be pleased with him.

During his days of exile and tribulation he wrote this beautiful book Realities of Sufism. His intention behind the book was to refute the various misconceptions and false claims levelled against the esteemed path of the real Sufism; the Sufism that is confined to the Book and the Sunna and that follows the predecessors of this Umma: Ahl al-Sunna wa al-Jama‘a.

In reality, the writings of our noble Shaykh – may Allah be pleased with him – are in fact his students, pupils, and loving well-wishers who filled the earth with light and knowledge. May Allah be pleased with him on our behalf and elevate his station in highest level of Jannat al-Firdaws.

Abu Yahya Muhammad b. Yahya al-Ninowy al-Husayni al-Halabi May Allah forgive him, his parents, and the believers Atlanta Georgia 16 Ramadan 143.

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Sumber: http://www.darulhasani.com/melayu/?pilih=news&mod=yes&aksi=lihat&id=43

Nasab dan kelahirannya:

Beliau adalah Syekh Abdul Qodir bin Abdillah bin Qasim bin Muhammad bin Isa Azizy Al Halaby As Syazily. Nasabnya bersambung kepada Syekh Umar Al Ba’aj yang masih keturunan Imam Husein ra.

Beliau dilahirkan di kota Halab pada tahun 1338 H /1920 M, dari kedua orang tua yang biasa–biasa saja, bukan keturunan ulama. Beliau hidup dengan senang dan serba berkecukupan bersama kedua orang tuanya.

Masa Muda Syekh

Di awal masa mudanya, beliau sangat menyukai kegiatan olah raga dan pramuka. Beliau juga senantiasa mengenakan pakaian yang mewah, dan memakai minyak wangi yang paling mahal.

Ketika mendapat Hidayah Allah, beliau tidak lagi suka dengan gemerlap dan gebyarnya dunia. ketika beliau berpaling dari dunia, cara hidupnya berubah total tidak sebagaimana kebiasaannya dulu yang senantiasa hidup dalam kelalaian dan kesenangan dunia. Kemudian beliau mendekatkan diri dan berserah kepada Allah.

Perjalanannya dalam mencari Ilmu.

Beliau diberikan kecintaan menuntut ilmu, kemudian bersuhbah dengan para ulama di masanya, diantara guru-gurunya adalah: Syekh Muhammad Zumar, dan Syekh Ahmad Muawwad.

Pada tahun 1949 beliau aktif menjadi seorang pendidik di Madrasah Asy-Syubaniyah, beliau mengajar disana selama enam tahun.

Disela-sela kesibukan beliau sebagai sorang pendidik, beliau juga seorang imam dan khotib di Masjid Hamad.

Perjalanan spritualnya.

Sebelum beliau bergabung dengan madrasah Asy–Syubaniyah, beliau pernah bersuhbah pada Syekh Hasan Hasani-seorang Syekh Tarekat Al–Qodiriyah. Kemudian beliau menempuh perjalanan spritualnya dibawah didikan dan gemblengannya hingga akhirnya ia di beri izin untuk mengembangkan tarekat ini. Dan ditengah-tengah suhbahnya beliau tetap mengajar di madrasah Syubaniyah.

Ketika beliau masih menuntut ilmu di madrasah Syubaniyah, beliau terkenal dengan sifat-sifatnya yang baik, dan budi pekertinya yang luhur, semangatnya yang tak pernah pantang menyerah, semua itu menunjukkan akan kepribadiannya yang baik. Maka tak heran meskipun beliau masih menjadi seorang pelajar, banyak teman-teman di madrasahnya berada dalam bimbingan dan irsyadatnya.

Diantara tanda ketinggian semangatnya dan kejujuran keinginannya untuk mendapatkan cinta dan keridhaan Allah, gelar masyikhoh tidak membuatnya sombong (gurur), dan tidak pernah merasa cukup dengan apa yang telah diperolehnya berupa ketinggian dan kedudukannya, maka beliau senantiasa mencari seorang syekh yang kamil yang dapat mengenalkan dirinya kepada Allah. Tentang hal ini ia berkata:

“Aku pernah membaca dalam kitab syarah Al-Hikam karya Ibnu Ajibah, aku melihat didalamnya ada sesuatu yang aku sendiri belum merealisasikannya- meskipun pada saat itu aku sudah menjadi seorang Syekh, pada saat itu aku sadar sekali bahwa aku harus bersuhbah dengan seorang syekh yang kamil”.

Di kota Halab beliau belum mendapatkan apa yang diinginkannya, maka beliau memutuskan untuk pergi ke Damaskus. Disana beliau bertemu dengan para ulama setempat, akan tetapi dari sekian banyak ulama yang dijumpainya, beliau belum mendapatkan seorang syekh yang menjadi dambaannya. Lalu beliau berulang-ulang menziarahi kuburan Syekhul akbar Muhyiddin Bin Arabi r.a. lalu beliaupun mendapatkan ilham/petunjuk untuk bersuhbah kepada Syekh Muhammad Al-Hasyimi, salah seorang Syekh Thariqoh Asy-Syaziliyah. Lalu beliau mencarinya, dan mendapatkan syekh Muhammad Al-Hasyimi berada di masjid Al-Umawi di Damaskus sedang memberikan pembahasan ilmu tauhid kepada beberapa orang muridnya. Beliaupun mendatangi majlis Syekh Al-Hasyimi dan memperkenalkan dirinya, lalu Syekh Al-Hasyimi berkata kepadanya: “Engkau adalah orang yang paling akhir datang, dan Insya Allah engkau akan menjadi orang pertama diantara mereka, ketahuilah sekian lama aku telah lama menunggumu”.

Maka sempurnalah keinginannya untuk bersuhbah dengan seorang syekh yang kamil, beliau bersuhbah dengan Syekh Muhammad Al-Hasyimi tahun 1952 sampai Syekh Muhammad Al-Hasyimi wafat tahun 1961 M.

Ketika Syekh Al Hasyimi melihat pada diri Syekh Abdul Qodir Isa kemampuan untuk membimbing, maka beliau mengijazahkan wirid am dan khas dalam tarekat syaziliyah, sebagaimana diizinkan pula untuk membimbing dan mentarbiyah. hal itu terjadi pada tahun 1338 H / 1958.

Syekh Abdul Qodir Isa ketika itu masih menjadi imam dan khotib di masjid Sahah Hamad sampai akhirnya beliau ditempatkan di Masjid Al-Adiliyah, kemudian disana beliau membuka majlis zikir setiap hari kamis setelah shalat isya.

Syekh memakmurkan Masjid Al-Adiliyah dengan majlis-majlis ilmu dan zikir, hingga tersebarlah kemasyhurannya kesemua pelosok negeri, maka berbondong-bondonglah orang-orang belajar kepada beliau dengan berbagai macam tingkat keilmuan mereka. Setelah itu tersebar luaslah Tarekat yang beliau pimpin di sebagian besar wilayah Syiria, bahkan menyebarluas sampai ke negara-negara tetangga seperti: Yordan, Turki, Libanon, dan Irak. Dan terus menyebarluas kemasyhurannya sampai hampir tidak ada satu negarapun di dunia ini, melainkan terdapat para ikhwan dan murid-murid syekh. Dan tarekat ini pun sampai juga ke negeri Kuwait, Saudi Arabiyah, Maroko, Aprika selatan, Hindia, Pakistan, Inggris, Belgia, Prancis, Kanada, Amerika, dan negara-negara lainnya. Semua ini menunjukkan penguasaan Syekh yang luas dalam bidang ma’rifat, tarbiyah dan irsyad.

Syekh merupakan seorang pembaharu pertama dalam tarekat sufiyah secara umum dan tarekat syaziliyah secara khusus. Hal ini terbukti dari buku beliau yang berulang kali dicetak ulang dan diterjemahkan kedalam bahasa inggeris, turki, indonesia dan melayu hingga nama beliau terkenal di mana-mana.

Ketinggian maqom syekh terbukti dengan banyaknya murid-murid beliau dari berbagai macam tingkat pendidikan dari setiap negara. Murid-murid beliau laksana penyambung lidah beliau dalam dunia tarekat, karena Syekh tidak meninggalkan kekayaan ilmiyah kecuali buku (Haqoiq an At- Tasawuf) saja. Itu semua disebabkan kewajiban-kewajiban da’wah yang harus diperbaiki yang berada dipundaknya dalam rangka menyebarkan tarekat yang benar yang sesuai dengan Alquran dan Sunnah. Masalah ini telah disebutkan dalam lembaran-lembaran buku beliau.

Inti dari manhaj beliau dan apa yang ingin beliau sampaikan kepada orang-orang, telah dituangkan dan jelaskan dalam bukunya ”Haqoiq an An- Tasawuf ” di mana buku ini sebagai pembuka dalam memahami ilmu syariat, tarekat dan hakikat. Hingga banyak orang menerima dan mengambil manfaat dari kitab ini sesuai dengan tingkat pendidikan mereka.

Karamat Syekh :

Diceritakan bahwa syekh memiliki sejumlah karamat dan khusyufat (kepekaan spiritual) yang nyata, akan tetapi beliau menepis semua hal itu, bahkan senantiasa mengingatkan para murid agar tidak terjebak pada karamat dan khusyufat, dan beliau senantiasa menegaskan bahwa: “Karamat yang paling besar adalah istiqomah terhadap syariat Allah SWT”. Dan definisi tarekat menurut syekh adalah: beramal menurut syariat”. Ketika beliau mendefinisikan tasawuf, beliau berkata: “Tasawuf semuanya adalah akhlak, barang siapa yang bertambah akhlaknya maka bertambah pula nilai ketasawufannya”.

Selama lima tahun beliau mendapat kemuliaan tinggal di kota Madinah berdekatan dengan maqam Rasulullah Saw, kemudian menetap di Yordan tepatnya di kota Aman untuk berda’wah (menyeru kepada Allah), apa yang dilakuakn beliau sebagaimana perilaku para Siddiqin al-mutahaqqiqin yang bila singgah di suatu tempat, masyarakat setempat senantiasa mengambil manfaat dari ilmu, prilaku, dan da’wahnya.

Pada tahun 1991 beliau pergi ke Turki mengunjungi salah seorang muridnya Sayyid Syekh Ahmad Fathullah, salah seorang khalifah tarekat. Ketika disana syekh terkena sakit, dan penyakitnya semakin parah, kemudian beliau dirawat di salah satu rumah sakit di kota Mar-asy, setelah itu beliau dipindahkan ke salah satu rumah sakit di kota Istambul.

Para dokter spesialis yang menangani syekh merasa heran, karena tidak sedikitpun tampak diwajah Syekh adanya rasa sakit, beliau diam, tanpa mengeluh sedikitpun. Hati, mata hati, dan seluruh tubuhnya tenggelam merasakan kebesaran dan mahabbah Allah Swt.

Salah seorang putra Syekh ingin menenangkan perasaan, dan kesadaran Syekh, dan dari masa komanya yang panjang, juga dari kesehatan akalnya, karena sejak sakit beliau tidak berbicara dengan siapapun. Sebelum Syekh sakit beliau selalu memberikan pendidikan khusus dengan putranya ini, karena itulah putranya bertanya tentang bait syair yang pernah didengar dari bapaknya, untuk mengingatkan kepada yang hadir bahwa Allah selalu menangani (memelihara) orang-orang shalih. Alhamdulillah kondisi kesadaraan, kepekaan, dan akal syekh dalam keadaan normal. Diamnya Syekh dikarenakan beliau sedang hanyut dengan cinta Allah Swt. Lalu putranya membacakan bait syair yang berbunyi :

Hai orang yang bertanya kepadaku tentang Rasulullah,bagaimana ia lupa

Lupa itu ………………………………..

Kemudian ia berhenti, dan berkata kepada bapaknya, wahai bapakku tolong sempurnakan untukku bait syair ini, sambil mencandainya, lalu syekh menoleh kepadanya, dan menyempurnakan bait itu:

Lupa itu dari setiap hati yang lalai dan main-main

Lupa lubuk hatinya dari segala sesuatu

Maka ia lupa dari yang selain Allah

Beliau terus mengulang-ngulang bait syair ini: Lupa itu dari setiap hati yang lalai dan main-main

Kemudian mengalirlah air matanya dan menangis, setelah itu beliau tidak pernah berbicara dengan siapapun.

Penutup :

Beliau wafat pada hari sabtu jam 6 sore, tanggal 18 rabiul akhir tahun 1412 Hijriyah, bertepatan dengan tanggal 26 Januari tahun 1991 Masehi. Beliau dimakamkan di samping sahabat Rasulullah yang agung Abi Ayyub Al–Anshary ra. di Istambul -Turki.

Dengan wafatnya beliau Kaum muslimim merasa kehilangan seorang mursyid kamil, arif billah, dan tokoh spritual yang alim yang keberadaannya sangat diperlukan ummat. Semoga Allah merahmati dan menempatkan beliau disisi-Nya yang paling tinggi, dan menempatkan beliau di Surga yang luas bersama para Nabi, Siddiqin, syuhada, dan orang-orang shalih, amiin.

ANTARA SYARIAT DAN HAKIKAT

Saya tidak mendalami Tasawwuf. Antara bidang ilmu yang baru berputik untuk saya tekuni ialah bidang kesufian. Terasa mahu menjadi orang sufi. Sekeping hati ini perlu di"sufi"kan. Pabila suami membeli buku "Hakekat Tasawwuf" tulisan terjemahan Indonesia hasil karya penulis asal Syeikh Abdul Qadir Isa dalam Bahasa Arab iaitu "Haqaiq at-Tasawwuf", ia ibarat orang mengantuk disorongkan bantal, pucuk dicita ulam mendatang.

Apa yang saya boleh katakan bagi orang seperti saya yang mahu berjinak-jinak dalam dunia "Tasawwuf" ini, buku ini adalah tepat dan padat isinya. Saya tertarik dengan sub-tajuk "Antara Hakikat dan Syariat". Sudah lama saya mencari jawapannya secara ilmiah, tapi masih belum berpuas hati dengan hasil carian di "Google". Pabila buku ini menghidangkan isu ini secara ilmiah, ia amat berbekas di hati.

Pada mukasurat 331 dinyatakan sebegini:

Dalam hadis Jibril yang masyhur yang diriwayatkan oleh Umar ibn Khattab R.A, telah disebutkan pembahagian agama kepada tiga rukun, dengan dalil ucapan Rasulullah SAW kepada Umar, "Sesunguhnya dia adalah Jibril yang datang kepada kalian untuk mengajarkan agama kalian." (HR Muslim dan Ahmad).

Rukun yang pertama adalah Islam, yaitu (iaitu) segi amal yang terdiri daripada ibadah, muamalah dan perkara-perkara ubudiiah. Adapun tempatnya adalah anggota badan yang lahiriah. Para ulama mengistilahkannya dengan nama syariat. Dan orang-orang yang yang khusus mempelajarinya adalah para ulama fikih(fekah).

Rukun yang kedua adalah iman, yaitu segi keyakinan hati yang terdiri dari iman kepada Allah, malaikat-malaikatNya, kitab-kitabNya, Rasul-rasulNya, hari Akhir, serta Qadha dan Qadar. Dan orang-orang yang khusus mempelajarinya adalah para ulama tauhid.

Rukun yang ketiga adalah ihsan, yaitu sisi rohani dan hato yang berarti bahwa engkau menyembah Allah seakan-akan engkau melihatNya. jika engkau tidak yakin melihatNya, maka yakinlah sesungguhnya Dia melihatmu. Para ulama mengistilahkannya dengan nama hakikat. Dan orang-orang yang khusus mempelajarinya adalah kaum sufi. (mukasurat 332)

....kaum sufi berkata dalam kaidah mereka yang terkenal,"Setiap hakikat yang melanggar syariat adalah kezindikan." (mukasurat 332-333)

.....Bacalah seterusnya dari awal hingga akhir tentang "Hakekat Tasawwuf" terjemahan penterjemah Khairul Amru Harahap dan Afizal Lubis; edisi Indonesia atau edisi Arab karangan Syeikh Abdul Qadir Isa iaitu "Haqaiq at-Tasawwuf".

A REAL STORY: PELIK TAPI BENAR

Hari ini saya sembang-sembang dengan seorang kawan. Antara ceritanya yang menarik perhatian saya ialah kisah orang yang "tersasar dari jalan Islam" di kampungnya di Kelantan.

Ini bukanlah kisah pertama yang saya tahu tentang pembawakan ajaran sesat yang dipelopori oleh orang yang berasal dari Kelantan. Sebelum ini saya pernah mendengar dari sumber rapat saya yang menceritakan adanya orang yang dia kenal di anggap sebagai "Imam Mahdi" oleh pengikutnya. Orangnya mempunyai latar belakang pengajian agama. Mengajar agama sambil mengenakan yuran tertentu setiap orang, dan menggunakan nama orang lain untuk membeli kenderaan "mewah".

Berbalik kepada cerita kawan saya, ceritanya hampir sama tapi tak serupa. Katanya orang itu mempunyai keinginan untuk menakluk dunia. Tak pasti samada dia menganggap dirinya "Imam Mahdi". Dia mempunyai pengikut tersendiri. Telah tersenarai sebagai "ajaran sesat" oleh Majlis Agama melalui ciri-ciri yang ada. Melarang pengikutnya (juga anak2nya) berkahwin, melarang pengikutnya belajar membaca dan menulis, mengerah keringat pengikut untuk kestabilan ekonominya.

Kedua2 cerita ini dari sumber terdekat yang boleh dipercayai. Benar, benar benar ada oarng sebegini yang mempunyai pengikut tersendiri. Yang pelik, seolah-olah pengikut itu "dibelenggu" daripada melepaskan diri daripada ajaran dan kumpulan itu walaupun tahu dan sedar ianya salah. Pengikut-pengkut mereka seolah-olah "rasa bersalah" dan "takut" untuk berlepas diri daripada kumpulan tersebut.

Sekali fikir, memang pelik...bagaimana orang boleh taksub dengan seseorang yang membawa ajaran sesat. Adakah kita tidak menggunakan panduan "Wahyu" (Al-Quran dan Sunnah) dan "akal" yang dianugerahkan oleh Allah sebagai pedoman kita. Mengapa ramai manusia begitu takut kepada manusia tapi tidak takut dengan balasan Allah di akhirat sana?

Cerita sebegini menginsafkan kita tentang tugas kita sebagai pendakwah. Setiap orang Islam wajib membuat kerja dakwah setidak2nya kepada ahli keluarganya. Kerja dakwah itu (samada dengan pena, lisan, tangan, kuasa, dsbg) adalah Fardhu Ain dan Fardhu Kifayah dalam masa yang sama kepada setiap orang bergantung kepada situasi dan keadaan. Tugas kita sebagai pendakwah yang bersifat sebagai penjaga.Menjaga diri kita, ahli keluarga kita, jiran-jiran, saudara- mara, saudara seIslam, orang bukan Islam daripada mensyirikkan Allah dan menderhakai Allah dan Rasulnya. Dengan sifat ingin "menjaga" inilah kita perlu berdakwah dengan apa jua cara kepada orang Islam dan orang bukan Islam.

Hadis Nabi ada termaktub dalam Sahih Bukhari:

أَنَّ عَبْدَ اللَّهِ بْنَ عُمَرَ يَقُولُ سَمِعْتُ رَسُولَ اللَّهِ - صلى الله عليه وسلم - يَقُولُ « كُلُّكُمْ رَاعٍ ، وَكُلُّكُمْ مَسْئُولٌ عَنْ رَعِيَّتِهِ ، الإِمَامُ رَاعٍ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ ، وَالرَّجُلُ رَاعٍ فِى أَهْلِهِ وَهْوَ مَسْئُولٌ عَنْ رَعِيَّتِهِ ، وَالْمَرْأَةُ رَاعِيَةٌ فِى بَيْتِ زَوْجِهَا وَمَسْئُولَةٌ عَنْ رَعِيَّتِهَا ، وَالْخَادِمُ رَاعٍ فِى مَالِ سَيِّدِهِ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ - قَالَ وَحَسِبْتُ أَنْ قَدْ قَالَ - وَالرَّجُلُ رَاعٍ فِى مَالِ أَبِيهِ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ وَكُلُّكُمْ رَاعٍ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ

An Islamic Discursive Tradition on Reform as Seen in the Writing of Deoband's Mufti Muhammad Taqi Usmani

This article is published in "The Muslim World" journal, volume 99, July 2009 by Kelly Pemberton.

TAQI UTHMANI:THE ISLAMIZATION OF LAWS IN PAKISTAN:THE CASE OF HUDUD ORDINANCES

THIS ARTICLE IS AVAILABLE IN "THE MUSLIM WORLD" JOURNAL, VOLUME 96, APRIL 2006.

TAQI UTHMANI: Exchange Of Currencies And Discounting OF Bills

REFERENCE: http://islamicfinance2009.blogspot.com/2009/04/q-with-muhammad-taqi-usmani-exchange-of.html

Q&A with Muhammad Taqi Usmani: Exchange Of Currencies And Discounting OF Bills

Posted by Muath at 9:34 PM | Saturday, April 11, 2009

I got your comments on our group's evaluation of Islamic banks and Mudarabah companies. The MBA project we are doing is in the second week of June, 1997. Your guidance would help us in presenting the true picture of an Islamic Financial Institition (IFI) at LUMS. It would be quite helpful if you answer following questions :

Q. (1) Why cannot currencies be sold at rates different than the market or spot rate? How are currencies of different countries different than ordinary goods which can be sold at prices different than the market?

(2) Why is discounting of bils of exchange in different currencies permitted when currency itself cannot be traded below the spot rate?

(3) Can one party in a 'promise to sell/purchase' agreement ask for a security, whether cash or any kind of collateral, from the other party?

(4) How can an agent's (agent being the bank) fee be determined if he is made responsibile to collect the amount written on bill of exchange on behalf of it's client? Wouldn't such kind of agency fee or service charge become an excuse for charging interest? How can one prevent it?

(5) Is it injustice if two or more partners agree on a ratio of profit, not the loss, which is different than the ratio of capital contributed by each partner?

(6) Are the following rules correct according to Shariah: a. It is permissibile for the lessee to let to a third party during the lease period whether for the same rental or more, as long as the asset is not affected by the change of user. b. It is permissible to stipulate in a contract of Istisna that price would be reduced by a specific amount per day upon delay in delivery by the seller.

(7) What steps can an Islamic Financial Institution take to prevent the concentration of wealth among the rich individual of a Muslim society?

A. Here are the answers to your recent questions:

(1) If the currencies are of the same country, they cannot be sold at a rate different from their face value. However, if the currencies are of different countries, they can be sold on spot at whatever rate agreed upon between the parties which can be different from the market rate. However, if the payment is deferred on either side, it must be in accordance with the market rate. This condition is put to restrict the use of this transaction to the genuine needs, otherwise it may be taken as a device to effect riba transaction. The details of the rules regarding the transaction of currencies are available my Arabic book Ahkam Al-Auraq Al-Naqdia which has also been translated.

(2) The discounting of bills of exchange even in different currencies is not permitted in Shariah. The reason is that a Bill of exchange stands for the amount of the bill which is a debt payable by a a seller. If it is sold or purchased for cash, it means that two currencies are being exchanged where the payment at one side is deferred and I have already mentioned in answer to question no. 1 that if the payment is deferred on either side, the price should not be different from the market spot rate.

(3) The promise to sell/purchase is merely a promise. It does not effect the contract of sale itself, therefore, no rights or obligations of a sale can arise out of a promise only. Hence no party can ask for security or a collateral for the fulfillment of a promise. Because the security or collateral is justified only where a liability or a debt has actually come into existence while in the case of promise no debt or liability is created. It is only an undertaking to sale/purchase a commodity in future. When the actual sale occurs on a deferred payment basis the debt will be created and at that time it will be justified to ask for a security.

(4) If the bank has been made an agent to collect the amount of a Bill of Exchange on behalf of its client it is permissible for the bank to charge a fee for this service. The fee may be determined by the parties on whatever basis they agree upon. However, it should not be tied up with the period of the maturity of the bill. With this condition this transaction will not, hopefully, be instrumental to charge interest.

(5) In a Musharakah contract the parties may agree on a ratio of profit different from the ratio of their investment with the only condition that a partner who in expressed terms, relieves himself from the liability to work for the partnership can- not claim a ratio of profit higher than the ratio of his investment, for example, if 'A' has invested 60% of the Capital while 'B' has invested 40% the parties can agree that 'B' will get 60% of the profit and 'A' will get 40% of the profit. However, if 'B' has, in expressed terms, put a condition in the contract of Musharakah that he will never work for the enterprise, he cannot claim more than 40% of the profit.

(6.a) A lesses can sub-lease the property to a third party with the permission of the lessor, if the rent charged by him from the sub-lessee is equal to the rent payable by him to the original lessor. This sub-lease is permitted with the consen- sus of all Muslim jurists. However, if the lessee charges from his sub-lessee a rent more than the rent payable by him to the original lessor, it is not permissible according to Imam Abu Hanifah, but it is permissible according to other Imams.

(6.b) It is permissible to stipulate in a contract of Istisna that price would be reduced by a specific amount per day upon delay in delivery by the seller. The contemporary scholars of Islamic Jurisprudence have allowed this type of contract on the basis of the following ruling given by the classic Fuqaha:

(7) In fact the answer to this question requires a detailed treatise, but without going into details the following steps may be taken by the Islamic financial Institutions to prevent the concentrationof wealth among the rich of its society :

Firstly they should maximise the use of Musharakah and Mudarabah instead of Murabaha or Leasing, because the real alternative to interest in a true Islamic economy is Musharakah and Mudarabah which paves the way for equal distribution of income among the members of the society and they are very competent and strong instrument diverting the flow of wealth from a few rich people to the common lot. Secondly, they should find out ways and means to finance the small scale trade and industry. For this purpose an Islamic financial institution should rise above the level of pure commercial and material benefits and should set their priorities in wider interests of society of which they, themselves, are an inseparable part.

(Darululoom, Karachi)

TAQI UTHMANI: Exchange Of Currencies And Discounting OF Bills

Q&A with Muhammad Taqi Usmani: Exchange Of Currencies And Discounting OF Bills

Posted by Muath at 9:34 PM | Saturday, April 11, 2009

I got your comments on our group's evaluation of Islamic banks and Mudarabah companies. The MBA project we are doing is in the second week of June, 1997. Your guidance would help us in presenting the true picture of an Islamic Financial Institition (IFI) at LUMS. It would be quite helpful if you answer following questions :

Q. (1) Why cannot currencies be sold at rates different than the market or spot rate? How are currencies of different countries different than ordinary goods which can be sold at prices different than the market?

(2) Why is discounting of bils of exchange in different currencies permitted when currency itself cannot be traded below the spot rate?

(3) Can one party in a 'promise to sell/purchase' agreement ask for a security, whether cash or any kind of collateral, from the other party?

(4) How can an agent's (agent being the bank) fee be determined if he is made responsibile to collect the amount written on bill of exchange on behalf of it's client? Wouldn't such kind of agency fee or service charge become an excuse for charging interest? How can one prevent it?

(5) Is it injustice if two or more partners agree on a ratio of profit, not the loss, which is different than the ratio of capital contributed by each partner?

(6) Are the following rules correct according to Shariah: a. It is permissibile for the lessee to let to a third party during the lease period whether for the same rental or more, as long as the asset is not affected by the change of user. b. It is permissible to stipulate in a contract of Istisna that price would be reduced by a specific amount per day upon delay in delivery by the seller.

(7) What steps can an Islamic Financial Institution take to prevent the concentration of wealth among the rich individual of a Muslim society?

A. Here are the answers to your recent questions:

(1) If the currencies are of the same country, they cannot be sold at a rate different from their face value. However, if the currencies are of different countries, they can be sold on spot at whatever rate agreed upon between the parties which can be different from the market rate. However, if the payment is deferred on either side, it must be in accordance with the market rate. This condition is put to restrict the use of this transaction to the genuine needs, otherwise it may be taken as a device to effect riba transaction. The details of the rules regarding the transaction of currencies are available my Arabic book Ahkam Al-Auraq Al-Naqdia which has also been translated.

(2) The discounting of bills of exchange even in different currencies is not permitted in Shariah. The reason is that a Bill of exchange stands for the amount of the bill which is a debt payable by a a seller. If it is sold or purchased for cash, it means that two currencies are being exchanged where the payment at one side is deferred and I have already mentioned in answer to question no. 1 that if the payment is deferred on either side, the price should not be different from the market spot rate.

(3) The promise to sell/purchase is merely a promise. It does not effect the contract of sale itself, therefore, no rights or obligations of a sale can arise out of a promise only. Hence no party can ask for security or a collateral for the fulfillment of a promise. Because the security or collateral is justified only where a liability or a debt has actually come into existence while in the case of promise no debt or liability is created. It is only an undertaking to sale/purchase a commodity in future. When the actual sale occurs on a deferred payment basis the debt will be created and at that time it will be justified to ask for a security.

(4) If the bank has been made an agent to collect the amount of a Bill of Exchange on behalf of its client it is permissible for the bank to charge a fee for this service. The fee may be determined by the parties on whatever basis they agree upon. However, it should not be tied up with the period of the maturity of the bill. With this condition this transaction will not, hopefully, be instrumental to charge interest.

(5) In a Musharakah contract the parties may agree on a ratio of profit different from the ratio of their investment with the only condition that a partner who in expressed terms, relieves himself from the liability to work for the partnership can- not claim a ratio of profit higher than the ratio of his investment, for example, if 'A' has invested 60% of the Capital while 'B' has invested 40% the parties can agree that 'B' will get 60% of the profit and 'A' will get 40% of the profit. However, if 'B' has, in expressed terms, put a condition in the contract of Musharakah that he will never work for the enterprise, he cannot claim more than 40% of the profit.

(6.a) A lesses can sub-lease the property to a third party with the permission of the lessor, if the rent charged by him from the sub-lessee is equal to the rent payable by him to the original lessor. This sub-lease is permitted with the consen- sus of all Muslim jurists. However, if the lessee charges from his sub-lessee a rent more than the rent payable by him to the original lessor, it is not permissible according to Imam Abu Hanifah, but it is permissible according to other Imams.

(6.b) It is permissible to stipulate in a contract of Istisna that price would be reduced by a specific amount per day upon delay in delivery by the seller. The contemporary scholars of Islamic Jurisprudence have allowed this type of contract on the basis of the following ruling given by the classic Fuqaha:

(7) In fact the answer to this question requires a detailed treatise, but without going into details the following steps may be taken by the Islamic financial Institutions to prevent the concentrationof wealth among the rich of its society :

Firstly they should maximise the use of Musharakah and Mudarabah instead of Murabaha or Leasing, because the real alternative to interest in a true Islamic economy is Musharakah and Mudarabah which paves the way for equal distribution of income among the members of the society and they are very competent and strong instrument diverting the flow of wealth from a few rich people to the common lot. Secondly, they should find out ways and means to finance the small scale trade and industry. For this purpose an Islamic financial institution should rise above the level of pure commercial and material benefits and should set their priorities in wider interests of society of which they, themselves, are an inseparable part.

(Darululoom, Karachi)

TAQI UTHMANI : * Value of Dreams in the Light of the Shari'ah

REFERENCE:http://www.paklinks.com/gs/religion-and-scripture/252855-value-of-dreams-in-the-light-of-the-shariah.html

All praise is for Allah. We praise Him. We seek His help and His pardon. We believe in Him and rely on Him. We seek refuge with Him from the evils of our selves and from the vices of our deeds. There is none to misguide him whom Allah guides and there is none to guide him whom He lets go astray. I bear witness that there is no god except Allah, the One. He has no partner. I also bear witness that our master, our authority, our Prophet and our sire, Muhammad (saws), is His servant and His Messenger. May Almighty Allah send mercy on him, his household and his Companions (ra) and bless them and salute them all a great deal.

Hazrat Abu Hurairah (ra) has narrated that the Holy Prophet (saws) said: The chain of Prophethood has terminated for ever and nothing of it has remained, except the "Mubash-shirat" The Companions asked: O Messenger of Allah! what are Mubashshtiaf! The Holy Prophet & replied, saying: True dreams - They announce glad tidings and form a part of Prophethood. The Holy Prophet (saws) also said in another Hadith that a believer's dream is one forty-sixth part. Sahih Bukhaii . Hadith No. 68987)

True Dreams are a part of Prophethood

When the time of the Holy Prophet's (saws) commission as a Prophet drew near, in the beginning he (saws) did not receive any Wahi (Revelation) for about six months. During this period he had only true dreams. It occurs in the Ahadith that whenever he (saws) had a dream during this period, it came true and clear as day light. This continued for about six months till he began to receive the Wahi (Revelations). After his appointment as a Prophet he (saws) lived in this world for twenly three years. Out of these twenty three years, the period of the first six months was a period of true dreams only- By multiplying twenty three by two (23x2), we get forty six (46). In other words if we divide the period of prophethood by forty six. we get six months during which the Holy Prophet (saws) had only true dreams, and no Wahi.

On this hypothesis the Holy Prophet (saws) said that a believer's dream forms the forty-sixth part of Prophethood. There is also an indication that this process would continue after him (saws). The believers will have true dreams containing glad tidings. The Holy Prophet (saws) has also said in a Hadith that during the period close to the Day of Judgment, the Muslims will generally have true dreams. All this goes to prove that dreams too are a blessing of Almighty Allah through which men receive glad tidings. So, if anyone receives some glad tidings through a dream he should render thanks to Almighty Allah.

Two opinions about Dreams

In our society people entertain extreme opinions about dreams. There are not some who do not believe in the existence of true dreams, nor do they believe in the truth of their interpretation. This is not right. You have just now learnt that, according to a Hadith, true dreams form forty-sixth part of Prophethood and that they are announcers of glad tidings. On the other extreme there arc men who attach great importance to dreams and regard them as a means to salvation and superiority. Men place their trust in a Person who happens to have a true dream. Sometimes the person having true dreams thinks about himself that he has become a great saint. These dreams come upon men during sleep. Sometimes Almighty Allah shows his servants some sights during their waking time. In the mystic terminology this is "Kashf, meaning ability to see hidden things through spiritual light.

If someone by chance has "Kashf, the common people think that the man is a great saint, even though this man may not be following the path of the Sunnah during his waking hours. Bear in mind that the criterion of a man's superiority and righteousness does not lie in dreams and "Kashf. The real criterion for this depends on whether or not a man's living is according to the Sunnah of the Holy Prophet (saws). If a man's living during his waking hours is not according to the Sunnah, if he is not refraining from sins, nor is he obeying Allah, he is not a righteous person, whatever the numbers of supernatural feats displayed at his hands. Nowadays people have become awfully misguided in this matter. This display of miraculous or supernatural feats is considered an inseparable part of the mystic system of spiritual education and training. Ignorant men are always hankering after true dreams, disclosure of hidden secrets (Kashf) and supernatural performances.

The status of Dreams

Hazrat Muhammad bin Sireen (rah) has been one of the most dignified Tabieen (followers of the Companions). He was considered as Imam in the art of interpreting the meaning of dreams. There is no equal in this field among the entire Muslim Ummah. He had been endowed by Allah with an outstanding faculty for the interpretation of dreams. Many wonderful feats are related about him in this field. A very small and meaningful sentence from him about interpreting dreams is worth remembering. He (rah) said: “Dream is a phenomenon which should be pleasing but it should not throw anyone into deception.”

If a man has a true dream, he should not be tempted think that he has become a very accomplished saint, so as to become, in turn, unmindful of the duties to be discharged during his waking hours.

Hazrat Thanawi (RAH)and interpretation of Dreams

Many persons visited Hazrat Thanawi (RAH) to inquire of him the interpretation of their dreams. In reply Hazrat Thanawi generally recited this Persian couplet:

"I am neither the night nor the worshipper of the night that I should tell things about dreams. I am the slave of the sun (the Holy Prophet (saws)) and can speak only about the sun. If a man has a true dream with some glad tidings he should be grateful to Allah, because he may possibly the blessing of the dream. One should, however, not take dreams as a criterion for superiority and saintliness."


Hazrat Mufti Sahib (rah) and Mubash-shirat (that brings glad tidings)

There are many persons who used to have dreams about my respected farther (rah). They used to intimate their dreams in writing. My respected father, had all these dreams recorded in a register. On the first page of this register he had himself written in his own handwriting the following paragraph:

"In this register I am recording those dreams which the righteous servants of Allah have seen about me , I am recording them because they contain glad tidings and good omen. May Allah correct me by virtue of these dreams. 1 am, however, warning all readers that they are not a criterion for superiority and righteousness. No decision should be taken about me on the basis of these dreams. The real criterion is the acts and dealings of man during his waking hours. Men should not fall into deception on account of these dreams.

The intention from recording this was to save people from falling into deception. This is the reality of dreams. When a man has a happy dream, he should thank Allah and pray to Him to turn the dream into reality and favour to him. He should have no misunderstanding about the dream either in his own favour or in the favour of any other person. This is all that a dream really means. There are two or three more Ahadith concerning dreams of which the people are not aware. It is useful to study these Ahadith also.

Satan cannot assume the image of the Holy Prophet (saws)

Hazrat Abu Hurairah (ra) has narrated that the Holy Prophet (saws) said: whoever sees me in a dream does really see me, as Satan cannot assume my image (Saheeh Muslim)

It is a great blessing for a man who sees by the grace of Allah the Holy Prophet (saws) in a dream. A man who sees the Holy Prophet (saws) in a dream in the image and form which have been described and stand proved in the Ahadith, surely sees sonly the Holy Prophet (saws) and nobody else. Satan cannot deceive anyone, because he cannot assume the Prophet’s image. The Holy Prophet (saws) has mentioned this as a special peculiarity concerning his image and appearance before anyone in dream.

It is a Great fortune to have a glimpse of the Holy Prophet (saws)

By His grace, Almighty Allah grants many persons the good fortune of seeing the Holy Prophet (saws) in dreams. Our elder saints have had different attitudes towards this blessing. The attitude of one group is that special efforts are made to get this opportunity by going through various spiritual exercises and disciplines which have been devised and prescribed for this purpose. For example, rehearsal of the sacred Darood so many times and certain other exercises on Friday nights are considered effective in this matter. There are other exercises and practices in vogue among the public for winning this fortune. If anyone indulges in these exercises and disciplines to win this blessing, there is no objection.

Where is the qualification for this "meeting"

There are some other saints who take a different attitude towards this issue. A gentleman used to visit my father (Rah). Once he expressed to my father his burning desire to see the Holy Prophet (saws) in a dream and asked him for some spiritual exercise for this. My father said to him: My dear brother, you are indeed a very ambitious man that you have this auspicious desire. I do not have the courage to entertain this desire, because I think that I do not deserve this honour. I. therefore never thought of learning and doing such exercise and disciplines to have a meeting with the Holy Prophet (saws) in a dream. Even if I am graced with such a meeting how can I do full justice to the required etiquettes? That is why I did not aspire for the honour of this meeting. If Allah Himself graces me with this meeting it will be His great favour to me. In that case, He shall teach me the requisite etiquettes also. However, just like any other believer, I too bear a desire for this. Anyway there have been varying attitudes towards this matter.

Hazrat Mufti Sahib and a visit to the sacred shrine of the Holy Prophet (saws)

I have related to you this incident of my respected: father even before. He told us that he could never: approach the metallic network around the Prophet's shrine..' He would not face the network but would stand close to a pillar in front of it. If there was a man he would stand behind him. One day he told us:

"Once it occurred to my mind that perhaps I was-callous-hearted man that I could not dare approach the sacred network of the Prophet's shrine, when the majority of the visitors reach it and thus attain nearness to the Prophet’s (saws) soul, which is a great blessing and honour. Thereafter, I felt as if I was hearing this voice coming from the shrine-

He who follows my Sunnah is close to me, even though he may be thousands of miles away from me. On the other hand, he who does not follow my Sunnah is far away from me, even if he is sticking to my network.

It is the deeds done during the waking hours that count:

The real worth lies in following the Sunnah of the Holy Prophet (saws). The true blessing consists in following the path of the Sunnah. This is the true criterion for nearness to the Holy Prophet (saws). It is an act of audacity to go near and stick to the nets and be heedless of the Sunnah of the Holy Prophet (saws). It is not good to hanker after these dreams, yet it is a blessing from Allah if they prove auspicious and bring some glad tidings. The main source of success and salvation depends on following the Sunnah. These dreams do not help in raising the rank of anyonee nor do they help in earning reward of the Hereafter. So we should ameliorate, and take care of, our actions, conduct and behaviour during waking hours.

Let not a good dream deceive you
If anyone has a dream in which he finds himself trolling in the gardens of Paradise, it is a good omen, but he should not think that he has got a passport to Paradise and that he has been exempted from doing anything. This is a misleading notion. If after having a dream a man becomes more active in following the Sunnah, this is an indication that the dream was true and messenger of glad tidings- On the other hand if he becomes slack in his actions, he has been deceived by the dream.

What should be done if the Holy Prophet (saws) commands during a dream to do something

The Holy Prophet (saws) has said that , if anyone sees him (saws) in a dream he truly sees him (saws), because Satan cannot assume the Prophet’s image and form. If the Holy Prophet (saws) commands during a dream for doing any deed which does not contravene the injunctions of the Shariah then the command should be obeyed with due care and attention. This dream should be regarded as genuine and true. To ignore the instructions received in this dream may prove to be inauspicious and harmful.

A dream does not serve as a proof in the matter of the Shari ah.

If in a dream the Holy Prophet (saws) commands to do something which does not fall within the jurisdiction of the Shariah, it must be noted carefully that such a command received through a dream must not be acted upon, Almighty Allah has not ordained things seen in dreams to serve as proofs in issues concerning the Shari ah. As regards the Ahadith which have come to us through authentic sources, the injunctions contained in them must be obeyed. It is not necessary to comply with injunctions received through dreams. It is right that Satan cannot assume the image of the Holy Prophet (saws)but sometimes the things seen in the dream get mixed with the dreamer personal thoughts or are distorted on account of his weak memory, so dreams do not serve as proofs.

A strange event concerning a dream

There was a Qazi (Judge) who used to decide cases referred to him for judgment. A case was submitted to him for decision. The Qazi heard the case, examined the witnesses and made up his mind about the final judgment be announced in a day or two. In the meantime in the night he saw the Holy Prophet (saws) in a dream Holy Prophet (saws) did not, so felt the Qazi, concur in the Qazi’s judgment but advised him to change his judgment. When the Qazi awoke from sleep he reconsidered the details of the case thoroughly, he felt convinced that the Holy Prophet’s (saws) judgment did not fit with the framework of the Sharia’ah. The issue took a very serious turn. The Qazi could not decide what to do.

The Qazi called on the Caiph and told him in detail his predicament due to this strange dream. In order to resolve the difficulty, a meeting was arranged of all the Ulama of the capital and the problem was put before them. The Ulama feeling convinced of the genuineness of the dream were inclined to decide the case according to the direction of the Holy Prophet (saws) received through the dream- A great savant and learned man of his age Hazrat Izzudin bin Abdus Salam (rah) was also present in the meeting. He was regarded as a Mujaddid of his time. He stood up and addressed the meeting as follows:

It is my considered opinion that the case should be decided according to the provision of the Shari 'ah. I am in favour of a judgment which is according to the Shari ah. I take all the responsibilities for the sins, if any, invovled in this judgment. It is not lawful to decide a case in the light of indications contained in a dream. We are required to obey only those directions of the Holy Prophet (saws) which have come to us through reliable authorities. So, the case should be decided according to the injunctions of the Shari ah, and not to the directions received in a dream.

Injunctions of the Shari ah about Dreams and 'Kashf” etc.

It requires a great courage of conviction to say: I take all responsibilities for sins, if any, invovled in this judgment.. Allah, however, sends such brave and dauntless souls for the protection of His Deen. If it is accepted even once that the injunctions of the Shari 'ah can be changed through dreams, then the Shari ah would go with the wind in no time. How many ignorant "Pirs" (guides) and "Professors" there are who claim miracles! The term "Kashf means bringing to light hidden secrets by spiritual insight, but its authenticity is not recognized in the Shari 'ah. So, the rules of the Shari ah cannot be replaced or amended through these processes.

An event that happened to Hazrat Sheikh Abdul Qadir Jilani (rah)

The Head of the saints, Sheikh Abdul Qadir Jilani (rah) was one night busy with his worship. It was Tahqjjud time. At this time a very dazzling light shone from one side and a voice emerged from it saying: O Abdul Qadir! you have done full justice to My worship. Now you have reached such a high station that from now onwards you are exempt from all sorts of worship for My sake. You are now exempt from Prayers, Fasting, Hqjj and Zakah. Now do whatever you please. We have reserved Paradise for you. No sooner did Sheikh Abdul Qadir Jilani hear these words, than he replied to the voice in these words: Get lost! O accursed fellow. Neither the Holy Prophet (saws) nor his Noble Companions (ra) were exempted from this prayer. How can I get exemption from it? With these words the Sheikh expelled Satan from his presence. A much brighter light shone in the wake of the earleir light from which His voice emerged: O Abdul Qadir! your learning came to your rescue today, otherwise with this strategem I have ruined many grand saints. If you had not possessed this learning you too would have been ruined to day. The Sheikh retorted, saying' O accursed Satan! you are deceiving me again! It was Almighty Allah and not my learning that saved me. The learned have observed that the second Satanic strategyWas more dangerous than the first one. In the second one Satan wanted to deceive him by trying to create in him the pride of learning. The Sheikh, however, was saved from this attack by Allah’s mercy.

It is not lawful to refute a Hadith with a Dream

This is a very dangerous trend of a conduct. Now a days people have become very fond of dreams, kashf, supernatural feats, revelations etc. They do not care to know the requirements of the Shari ah. Quite educated and religious persons have begun to claim that they have come to know by means or Kashf that such and such Hadith is not right and that certain Ahadith of Bukhari and Muslim were forged by the Jews. If Kashf is attained and interpreted in this way the very foundation of Deen shall be jolted. May Almighty Allah shower His mercy on those Ulama who were entrusted with the task of protecting our Deen and they proved true to the task. They are the protectors and defenders of Deen. These Ulama have declared in clear terms that neither dreams, nor Kashf nor supernatural feats can be regarded as proofs in matters concerning Deen. The basis of proof are those injunctions and directions which are proved to have been received from the Holy Prophet (saws) during his waking hours and through authentic narratives. It is advised that we should not rely on dreams, 'Kashf, revelations and supernatural feats. Hazrat Maulana Thanawi (rah); has said that Kashf is a phonomenon which is sometime seen from madness and even infidels. So, we should never be deceived by experiences like beholding some light, “running” of the heart or its palpitation, etc, etc. These things have absolutely no place and credence in the Sharia’h.

What should a Dreamer do?

Hazrat Qatadah (ra) has narrated that the Holy Prophet (saws) said: A good dream is from Allah and a bad dream is from Satan. So, when a man has a bad and undesirable dream he should make a spitting gesture on his left side three times and recite this:

'Audhu bil-Lah min ash-Shaytani-r-Rajeem"

He should also change the side on which he was sleeping, while having the dream. Then this undesirable dream will do him no harm - God wiling. Some times man has a frightening or otherwise some disgustful dream. At such a time he must follow this advice of the Holy Prophet. If he has a pleasant dream with a promise of some worldly or spiritual promotion or gain he may inform his kins and well-wishers such dream and not to others. A careless stranger may give an incorrect interpretation and it is said that the first interpretation generally comes true which may turn harmful. The dreamer should, therefore, disclose the dream only to his well-wishers and should thank Almighty Allah for all that. (Sahih Bukhari..Hadith NO: 6986)

To pray for the man who has a dream

When anyone informed the Holy Prophet (saws) of his dreams, it was his (saws) routines practice to recite this.
“May Allah grant you the good of this dream and protect you from its evil. May this be good us and bad for our enemies.”

The Holy Prophet (saws) has combined in this Dua many good things. If anyone comes to you and tells you his dream, pray for him in these words. If you do not remember the Arabic words, you may you may recite it in your own mother tongue.

In short, these are the etiquettes, values and possible effects of dreams which should be kept in mind. We should keep away from false notions about dreams which are prevailing among the people.

May Almighty Allah save us all from these vices and help us to take the right course of Deen. Aameen.

By Mufti Muhammad Taqi Usmani
From Discourses on Islamic way of Life.

Current list of Alawiyyen Family Names

SOURCE:http://baalawi.com/baalawi

Ba’Alawi

Current list of Alawiyyen Family Names

Each Family Name is sorted in Ascending order and includes a substantial Family Biography.

(i.e. “Family Name” (“Common Local Pronunciations”)

• Al-Abu Futhaim
• Al-Abu Numaiy
• Al-Adani
• Al-Aqil (Al-Bin-Aqil)
• Al-Asseriy (Assey)
• Al-Attas
• Al-Auhaj
• Al-Aydid (Aidid)
• Al-Aydrus
• Al-Ba 'Agil (Al-Ba-Aqil)
• Al-Ba'bud
• Al-Ba-Birik
• Al-Ba-Faqih
• Al-Ba-Harun
• Al-Ba-Nahsan
• Al-Ba-Surroh
• Al-Bafaraj
• Al-Bahar
• Al-Bahsein
• Al-Bal-Ghoits
• Al-Bar
• Al-Baraqbah
• Al-Barrum
• Al-Basyeban
• Al-Basymeleh
• Al-Bayti
• Al-Bil-Faqih
• Al-Bin Djindan (Bin Jindan)
• Al-Bin-Sahil
• Al-Bin-Semith (Al-Bin-Semit/Semait)
• Al-Bin-Shahab (Syahab)
• Al-Bin-Tahir (Thahir)
• Al-Bin-Yahya
• Al-Chamur
• Al-Chaneman
• Al-Cherrid
• Al-Djaelani Al-Hasani (Al-Jailani Al-Hasani)
• Al-Djamalullail (Al-Jamalullail)
• Al-Djufri (Al-Jufri)
• Al-Djunaid (Al-Junied / Al-Junaid)
• Al-Djunaiyd Achdor
• Al-Fad'aq
• Al-Habshi (Al-Habsyi)
• Al-Haddad
• Al-Haddar
• Al-Hadi
• Al-Hamid
• Al-Hasni Al-Hasani
• Al-Hinduan
• Al-Hiyyid
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Mufti Taqi Usmani's Fatwa on Mawlid: Comments on His Fatwa by Sh. G. F. Haddad

SOURCE: http://www.livingislam.org/n/tufm_e.html


Mufti Taqi Usmani's
Fatwa on Mawlid
Comments on His Fatwa
by Sh. G. F. Haddad

Bismillah al-Rahman al-Rahim

{ Obey Allah, and Obey the Messenger and those in authority among you. }

"None of you is a believer until he loves me more than his own soul." (Sahih al-Bukhari)

On http://www.albalagh.net/taqi.shtml, a page in English devoted to Mufti Taqi Usmani says verbatim that "[He] is one of the leading Islamic scholars living today. Author of more than 40 books, he is an expert in the fields of Islamic law, Economics and Hadith. For the past 35 years, he has been teaching at the Darul-Uloom in Karachi that was established by his father Mufti Muhammad Shafi, the late Grand Mufti of Pakistan. He also holds a degree in law and is a Judge at the Sharia Appellate Bench of the Supreme Court of Pakistan. He is a consultant to several international Islamic financial institutions and has played a key part in the move toward interest free banking and the establishment of Islamic financial institutions. He is the deputy chairman of the Jeddah based Islamic Fiqh Council of the Organization of Islamic Conference (OIC)."

On http://www.albalagh.net/general/rabi-ul-awwal.shtml another page in English features Mufti Taqi Usmani's fatwa on Mawlid.

From the latter page I've excerpted the following statements as they were posted verbatim as of 11 July, 2000, in their order of appearance in the text. I've numbered them for easier perusal and reference. After each excerpt, I've added a few comments according to need, in conformity with the duty enjoined on us by the Prophet of Nasiha - sincere faithfulness to Allah and sincere, faithful advice to the Muslims.

These comments were written in the light of what I have learnt through the immense mercy of Allah Most High at the hands of our Sunni Naqshbandi Shuyukh - may Allah grant them long life and health - at their forefront Mawlana al-Shaykh Nazim al-Haqqani, shedding much-needed light on the numerous misconceptions and misrepresentations of this fatwa.

It is left to the Muslim reader to verify firsthand to what extent such a fatwa by Mufti Taqi Usmani is based on fact and on the sources of Islam which are Qur'an, Sunna, Ijma` and Qiyas. And may Allah send uninterrupted blessings and peace on the first and foremost subject of these lines, Sayyidina Muhammad, and grant him the Wasila and Highmost Station of Intercession for Mankind, and upon his Family and all his Companions. Amin.

Mufti Taqi Usmani said:

1. "Rabi'ul-Awwal is the most significant month in the Islamic history, because humanity has been blessed in this month by the birth of the Holy Prophet Muhammad, Sall-Allahu alayhi wa sallam."

Comment: This is true, yet the author further down (item #17) annuls the benefit of his own statement by denying the validity of any specific day of that month as an appropriate or preferable date for celebrating Mawlid and goes so far as to condemn the choice of that date as a reprehensible innovation. Then he castigates the highlighting of that month to celebrate Mawlid as well!

2. "Thus the birth of the Holy Prophet, Sall-Allahu alayhi wa sallam, was the most significant and the most remarkable event in human history."

Comment: This is a confession by Mufti Taqi `Usmani that the night of the Mawlid Sharif is of greater significance and merit than Laylat al-Qadr which is the position of some of the Maliki Imams as cited by Abu al-`Abbas al-Wansharisi (d. 914) in his encyclopdia of Maliki fatwas titled _al-Mi`yar al-Mu`rab wa al-Jami` al-Mughrib fi Fatawa Ahl Ifriqya wa al-Andalus wa al-Maghrib (11:280-285).

Similarly, the Maliki Hadith Master and Imam, al-Sayyid al-Sharif Muhammad ibn Ja`far al-Kattani stated in his book _al-Yumn wa al-Is`ad bi Mawlid Khayr al-`Ibad_ (p. 21): "The two nights of the distinguished noble birth and the magnificent Prophetic Ascension appear to be the very best of the nights of the world without hesitation nor doubt... and if this is the case then such as these two nights [ MAWLID and MI`RAJ] deserve to be taken henceforth each as a recurring festival among other recurring festivals (`Eid min al-A`yad) and as a seasonal celebration (mawsim) among other seasonal celebrations devoted to good deeds and striving. Therefore those dates should be respected and venerated, the Book of Allah should be recited in them, and in their honor deeds should be performed that indicate joy and happiness at their immense merit as well as thankfulness to Allah Most High for His blessings and favors in them. This the Law in no way denies nor condemns, and no reprimand nor prohibition can be directed at those who perform this whatsoever."

3. "Had there been room in Islamic teachings for the celebration of birthdays or anniversaries, the birthday of the Holy Prophet, Sall-Allahu alayhi wa sallam, would have undoubtedly deserved it more than the birthday of any other person. But that is against the nature of Islamic teachings."

Comment: This is a Wahhabi misconception of Usul which was refuted notably by the Ghumari Shuyukh (see item #23), namely, that Tark (not doing something) is NOT a proof that something is condemned or that it is not praiseworthy, as the Prophet did not, in his lifetime, do absolutely everything that was praiseworthy or permissible. The same goes for the early generations. Rather, the criteria for judging if something belongs on the accepted side of Shari`a and is endorsable by the Sunna or not, is to evaluate it in the balance of the Qur'an and Sunna: whatever is confirmed by them is part of them and whatever violates them is rejected.

4. "That is why, unlike Judaism, Christianity, and Hinduism, there are very few festivals in Islam, which provides for only two Eids (Eidul-fitr and Eidul-Adha) during the whole year."

Comment: There are only two `Eids that are sanctioned by the Law as of a required character, but this is not to mean that it is not allowed to have other `Eids metaphorically speaking. For one, the Prophet himself named Jumu`a a `Eid.

Among educated Muslims there is a verse of poetry that goes,

"The day of Jumu`a, the day of `Eid, and the visit of a beloved friend: These are three `Eids for which I thank our Most High Lord."

In fact, every highlighted date in the Islamic calendar is a `Eid, for example the first ten days of Dhu al-Hijja, the Day of `Arafa, the Day of `Ashura, Laylat al-Qadr, and the night of Mi`raj which is the greatest mu`jiza of the Prophet after the Glorious Qur'an. But the Mawlid of the Prophet looms larger and more important than all of the above including the two prescribed `Eids in Islam. Sayyid Muhammad al-Maliki said in his fatwa _Hawl al-Ihtifal bi Dhikra al-Mawlid al-Nabawi al-Sharif_ (p. 8-9): "How many times did we say that the day of the Mawlid of our Master Muhammad is not a `Eid, nor do we consider it a `Eid, because it is BIGGER THAN THE `EID AND GREATER AND NOBLER. A `Eid only comes once a year, as for the celebration of his Mawlid and the consideration of his remembrance and Sira, they must be permanent and not restricted to a particular time nor place!"

5. "The dates of these two Eids do not correspond to the birthday of any of the outstanding persons of Islamic history, nor can their origin be attributed to any particular event of history that had happened in these dates."

Comment: As shown above, it has never been a condition for `Eid that it correspond to a birthday, nor, inversely, does the nature of birthday preclude a day from being considered a `Eid. Secondly, it is patently false that the origin of the two `Eids cannot be attributed to any particular event of history that had happened on these dates as the books of Tafsir are replete with the story of the sacrifice of Ibrahim (as) with his son Isma`il (as) on the occasion of which was offered a huge ram as stated in the Holy Qur'an.

6. "The first event is the completion of the fasts of Ramadan and the second event is the completion of Hajj, another form of worship regarded as one of the four pillars of Islam."

Comment: We already said that the `Eid that takes place at the completion of Hajj has historical connections according to the authorities of Tafsir. We might say also that the `Eid that takes place at the completion of the month of Ramadan, was also given an historical dimension by Allah Most High when He said that fasting is prescribed for us { just as it was prescribed for those before you} . All this shows that Allah Most High did not place these two Pillars in a vacuum but in a historical whole of which Muslims are eminently supposed to be aware and observant, just as the Prophet said in reaction to the Jewish celebration of `Ashura': "We have more right of remembering Musa" i.e. of commemorating the historical circumstance of his deliverance. Most of the Ulema who wrote fatwas on Mawlid adduce this report as a proof of the desirability of the celebration of Mawlid and its licit character in the Law.

7. "The manner prescribed for the celebration of these two Eids (festivals) is also different from non-Islamic festivals. There are no formal processions, illumination or other activities showing formal happiness."

Comment: The manner prescribed for the celebration of these two `Eids falls into two categories: the requirements prescribed in the Law and the customs followed by the people. The latter do *not* have a fixed form and *may* include everything that does not violate the guidelines of the Law. Processions, illumination or other activities showing formal happiness do *not* in themselves violate the guidelines of the Law.

8. "Islam has not prescribed any festival for the birthday of any person, however great or significant he may be. The prophets of Allah are the persons of the highest status amongst all human beings. But the Holy Prophet, Sall-Allahu alayhi wa sallam, or his noble companions never observed the birthday or anniversary of any of them. Even the birthday of the Holy Prophet, Sall-Allahu alayhi wa sallam, which was the most happy day for the whole mankind was never celebrated by the Holy Prophet, Sall-Allahu alayhi wa sallam, himself, nor by his blessed Companions."

Comment: Regarding the first phrase: It is true that "Islam has not prescribed any festival for the birthday of any person" but nobody claimed it did. On the other hand, it is untrue that Islam has prescribed NOT to commemorate the birthday of any person, yet this is being claimed by the opponents of Mawlid. As for the rest of the paragraph I am sorry to say it is a blatant lie, the Prophet expressly commemorated his own birthday - as did the early Umma in his wake - by fasting every Monday. He and they treated his birthday as the cause and driving factor (`illa) for this act of devotion as shown in the Sahih and as illustrated by the commentators of those narrations, among them Ibn Khuzayma and his student Ibn Hibban, each one of them in his Sahih. And this suffices as evidence for those endowed with sight.

"[Subheading:] Mention of the Desirability of the Fast of Yawm al-Ithnayn BECAUSE (li'anna) on that Day was Born Rasulullah and on that Day Descended upon Him the Beginning of Revelation." Sahih Ibn Hibban (Arna'ut ed. 8:403).

"Chapter of the Desirability of the Fast of Yawm al-Ithnayn SINCE (idh) the Prophet was Born on Yawm al-Ithnayn and on that Day Revelation Came to Him and on that Day He Died." Sahih Ibn Khuzayma (A`zami ed. 3:298).

9. "In fact, commemorating the birth of a distinguished person has never been prescribed by any religion attributing itself to divine revelation. It was originally a custom prevalent in pagan communities only. Even Christmas, the famous Christian feast commemorating the birth of Jesus Christ finds no mention in the Bible or in the early Christian writings."

Comment: Here we find three errors. First, and this is the gravest error, the author denies that the commemoration of the birth of a distinguished person was ever prescribed by any heavenly religion as if he never heard that the Prophet was ordered to dismount from the Buraq during Isra' and pray at the spot where `Isa (as) was born precisely for that reason and no other. The narration goes, "Then he reached a land where the palaces of al-Shaam became visible to him. Gibril said to him: 'Alight and pray.' He did so and remounted, then the Buraq continued his lightning flight and Gibril said: 'Do you know where you prayed?' He said no. Gibril said: 'You prayed in Bayt Lahm, where `Isa ibn Maryam was born.'" Narrated as part of a longer hadith from Anas by al-Nasa'i with a sound chain and from Shaddad ibn Aws by al-Bayhaqi who declared it sound in Dala'il al-Nubuwwa (2:355-357), and by al-Tabarani in al-Kabir and al-Bazzar with a sound chain as indicated by al-Haythami in Majma` al-Zawa'id and Ibn Hajar in Mukhtasar Zawa'id Musnad al-Bazzar (1:90-91 #32). Secondly, the prescription of the commemoration of the birth of Christ *was* prescribed in the early Christian Church, even if its chronological proximity to the pagan commemoration of the winter solstice was co-opted by the political authorities as a means to recycle prevalent social customs in certain regions including those of pagan origins. Thirdly, what flimsier way to adduce evidence is there than to cite tampered Scriptural texts in order to infer or disinfer a Shari`a ruling? Is Mufti Taqi `Usmani a Christian or Jew addressing Christians or Jews??

10. "In original Islamic resources, also we cannot find any instruction about the celebration of birthdays or death anniversaries. Many Companions of the Holy Prophet, Sall-Allahu alayhi wa sallam, passed away during his life-time. His beloved wife Sayyidah Khadijah, Radi-Allahu anha, passed away in Makkah. His beloved uncle Sayyidna Hamzah, Radi-Allahu anhu was brutally slaughtered during the battle of Uhud. But the Holy Prophet, Sall-Allahu alayhi wa sallam, never observed their birthday or their death anniversaries, nor did he ever advise his followers to celebrate his own birthday in Rabi'ul-Awwal."

Comment: The above again shows strange or rather tragic (for such a celebrated author) ignorance of the Sunna. We already established beyond doubt that the Prophet celebrated his birthday by fasting. As for death anniversaries, the Prophet definitely visited his wife and uncle's graves on a regular basis as well as his mother's. Al-Bayhaqi narrates that the Prophet used to visit the graveyard of the martyrs of Uhud annually and punctually - "`ala ra'si kulli hawl". Al-Bayhaqi also narrated in Shu`ab al-Imaan (6:201 #7901) that the Prophet said: "Whoever visits the grave of his parents or the grave of one of them every Friday, he will be forgiven and [his name will] be written among the pious sons." (Man zaara qabra abawayhi aw ahadihima fi kulli Jumu`ah, ghufira lahu wa kutiba barran). And he is without the shadow of a doubt the most pious of all pious sons. Also, al-Bazzar narrates that the Prophet visited the Jannat al-Ma`la graveyard in Makkah, where his dear wife Sayyidah Khadijah was buried and called the whole place a blessed graveyard: "Ni`ma al-Maqbarah Hadhihi." Imam Ja`far al-Sadiq narrated with his chain from al-Hasan ibn `Ali that Fatima the daughter of the Prophet used to visit every Jumu`a the grave of her uncle Hamza ibn `Abd al-Muttalib - may Allah be well-pleased with all of them! - which she had marked with a rock in order to recognize it, and she used to pray and weep there as narrated by `Abd al-Razzaq in his Musannaf, al-Bayhaqi in al-Sunan, al-Hakim in his Mustadrak and he declared its chain sahih, and Ibn `Abd al-Barr in al-Tamhid.

11. "The reason for abstinence from such celebrations is that they divert the attention of people from the real teachings of Islam towards the observance of some formal activities only. Initially, these celebrations may begin with utmost piety and with a bona fide intention to pay homage to a pious person."

Comment: The above is speculation and has no place here. As for the latter sentence, it seems to come verbatim from the deviant book of Muhammad ibn `Abd al-Wahhab titled al-Tawhid.

Comment [from Brother Ahmad I on msa-ec mail list, 11 July 2000]: The Ulama of Deoband celebrated their hundred years anniversary of Darul Uloom Deoband in which they called Indhira Ghandi who was dressed in a Sarrie. She was seated on the stage while hundreds of Ulama were seated on the ground. Was this Islamic? Early Muslims did not celebrate hundred years establishment of Islam which was far more important that the establishment of Darul Uloom Deoband. According to you, our Nabi (sallal laahu alaihi wasallam) did not celebrate birthdays and anniversaries. If the Ulama-e-Deoband claim to be true followers of the Sunnah, why then did they celebrate the hundred year anniversary of Darul Uloom Deoband? Was this not a Bid`at?

12. "Yet, the experience shows that the celebration is ultimately mixed up with an element of merrymaking and rejoicing and is generally confused with secular festivals and the secular, and often sinful, activities creep into it gradually. [Next paragraph:] The example of Christmas will again be relevant."

Comment: All this shows how far from the principles of the Shari`a one ends up when free rein is given to speculation and personal or regional pretexts such as the bad things one has experienced or seen in one's province. Has Mufti Taqi Usmani never heard of "merrymaking and rejoicing" in the authentic Sunna? The Sahaba and the Prophet definitely were not, as he seems to imagine, staid officials of rigid and censorious manners although they were the most dignified generation of human beings ever to walk the earth. They knew laughter, merriment, and good humor.

Nor is his harping on "the example of Christmas" when referring to Muslims acceptable. One well-known contributor on the newsgroup soc.religion.islam, `Abd al-Rahman Lomax, said in a thread titled "Re: Al-Mawled ( 6/7 ) : Even

worse!" Date: 22 Sep 1996: "I remember my first 'Eid al-Fitr, in Tucson. This was a largely student community, with a few older Muslims including professors at the University of Arizona at Tucson. My clearest memory is of the sub-teen daughters of some of these families getting up on the tables and dancing to the encouragement of nearly everyone, with drum music coming over the P.A. system. This was not mawlid, this was 'Eid ul-Fitr! Times have changed. But it is not clear to me that the more sober 'Eids I have seen in recent years are closer to the actual sunna than that first 'Eid. I'll leave it to someone else to cite the relevant hadith; suffice it to say that the Prophet did, it appears, encourage having *fun* on 'Eid, and that dancing and at least some form of music were actually encouraged." Following Mufti Taqi Usmani's reasoning in the above paragraph, if enough "bad" displays such as the above had been witnessed on `Eid, then `Eid celebrations should have been banned, either in absolute terms or in temporary and local terms. But isolated incidents are never a proof in ruling for or against something.

13. "The Holy Qur'an has clearly pronounced on the occasion of the last Hajj of the Holy Prophet, Sall-Allahu alayhi wa sallam: "Today, I have completed the teachings of your religion." [Al-Maida 5:3] [Next paragraph:] It means that all the teachings of Islam were communicated to the Muslims through the Holy Qur'an and the Sunnah of the Holy Prophet, Sall-Allahu alayhi wa sallam. No one is allowed after it to add any thing to them as a part of religion. What was not a part of religion during the lifetime of the Holy Prophet, Sall-Allahu alayhi wa sallam, can never become part of it. Such additions are termed by the Holy Prophet, Sall-Allahu alayhi wa sallam, as Bid'ah or innovation."

Comment: This is the weakest paragraph in the entire fatwa as it is entirely borrowed from the Wahhabi conception of bid`a, which violates the principles and methods of the Jumhur of Sunni `Ulema as to what constitutes bid`a and what does not. The Ulema have clarified this major methodological innovation in many useful publications which we have summarized elsewhere and there is no space nor need to reproduce this material here. Suffice it here to quote the words of Sayyid Muhammad al-Maliki - Allah keep him and all our impeccable Ulema and true Teachers - in one of his fatwas on Mawlid: "There is no doubt that such singing, dancing, reciting of poetry, and banging the drum [as narrated in the authentic Sunna] was for joy at being with the Prophet , nor did he condemn nor frown upon such displays in any way whatsoever. These are common displays of happiness and lawful merriment, and similarly to stand up at the mention of the birth of the Prophet is an ordinary act that shows love and gladness symbolizing the joy of creation: it does not constitute worship, nor law, nor Sunna!"

It is also ironic that the verse they quote: { This day have I perfected your religion for you and completed My favor unto you} (5:3) was revealed on a Monday, the day of his Mawlid - Allah bless and greet him and his Family - according to some reports narrated by Ibn `Asakir as mentioned by al-Salihi in _Subul al-Huda_ (1:401).

14. "Thus, the observance of the 12th of Rabi'ul-Awwal as a religious feast is not warranted by any verse of the Holy Qur'an or by any teaching of the Holy Prophet, Sall-Allahu alayhi wa sallam."

Comment: Al-Hamdu lillah, the falsehood of the above statement is by now evident on the basis of what was already replied.

15. "Had it been a part of the religion it would have been clearly ordered or practiced by the Holy Prophet, Sall-Allahu alayhi wa sallam, and his blessed companions or, at least, by their immediate pupils. But no example of the celebration of the occasion can be traced out in the early centuries of the Islamic history."

Comment: This is a needless repetition and stands refuted (see paragraphs #3 and again #23).

16. "It was after many centuries [Albalagh Note: According to Maulana Yusuf Ludhinavi it was in the year 604 A.H.] that some monarchs started observing the 12th of Rabi'ul-Awwal as the birthday of the Holy Prophet, Sall-Allahu alayhi wa sallam, without a sound religious basis, and the congregations in the name of Maulood or Milad were held where the history of the birth of the Holy Prophet, Sall-Allahu alayhi wa sallam, used to be narrated."

Comment: As stated by al-Sayyid Muhammad al-Maliki in his Fatwa _Hawl al-Ihtifal bi Dhikra al-Mawlid al-Nabawi al-Sharif_ (10th ed. p. 15): "The first to observe the celebration of the Mawlid was the Prophet himself by fasting on Mondays because it was the day of his birth as narrated in Sahih Muslim. This is the soundest and most explicit textual proof for the licitness of commemorating the Noble Prophetic Mawlid."

In the light of such a proof what does it matter that "after many centuries some monarchs started observing the 12th of Rabi'ul-Awwal" as the Mawlid date, and who can believe such a lie as to claim that such observance was "without a sound religious basis"? Is this what the reliable authorities say, or is it just the opinion of some latecomers unfamiliar with the differences of the Ulema and the principles of the Shari`a?

When the critics are unable to disprove the lawful on the basis of the foundations of the Religion, they turn to vacuous opinion unaware that in the field of opinion there are plenty of more trusted sources than themselves. Imam al-Dhahabi wrote in his Siyar A`lam al-Nubala' (Arna'ut ed. 22:335-336): He [Muzaffar the King of Irbil] loved charity (sadaqa)... and built four hospices for the poor and sick... and one house for women, one for orphans, one for the homeless, and he himself used to visit the sick... He built a madrasa for the Shafi`is and the Hanafis... HE WOULD FORBID ANY REPREHENSIBLE MATTER TO ENTER INTO HIS COUNTRY... As for his celebration of the Noble Mawlid al-Nabawi, words are too poor to describe it. The people used to come all the way from Iraq and Algeria to attend it. Two wooden dais would be erected and decorated for him and his wife... the celebration would last several days, and a huge quantity of cows and camels would be brought out to be sacrificed and cooked in different ways... Preachers would roam the field exhorting the people. Great sums were spent (as charity). Ibn Dihya compiled a 'Book of Mawlid' for him for which he received 1,000 dinars. He [Muzaffar] was modest, a LOVER OF GOOD, AND A TRUE SUNNI who loved scholars of jurisprudence and scholars of hadith, and was generous even to poets. He was killed in battle according to what is reported."

Similarly, Ibn Kathir said in al-Bidaya wa al-Nihaya (Beirut and Riyadh: Maktabat al-Ma`arif & Maktabat al-Nasr, 1966 ed. 13:136-137): "He [Muzaffar] used to celebrate the noble Mawlid in Rabi` al-Awwal and organize huge festivities for it. He was a wise king, brave, a fierce fighter, intelligent, learned, and just. May Allah have mercy on him and ennoble his grave. Shaykh Abu al-Khattab ibn Dihya compiled for him a book on the Mawlid of the Prophet and named it al-Tanwir fi Mawlid al-Bashir al-Nadhir ("The illumination concerning the birthday of the Bringer of glad tidings and Warner") and the king rewarded him with 1,000 dinars for it. His rule lasted until he died in the year 630 [Hijri] as he was besieging the French in the city of Acca [Acre, Palestine] after a GLORIOUS AND BLAMELESS LIFE."

From the above excerpts one can judge the shameless audacity of the statement of Majlis al-`Ulama or rather al-Juhala' which said:

"MAINTAINING A CUSTOM WHICH WAS ORIGINATED BY IRRELIGIOUS PERSONS. It has already been explained elsewhere in this article that the originators of Meelad custom were irreligious persons. Six hundred years after our Nabi (sallal laahu alaihi wasallam), the irreligious ruler of Irbal, assisted by irreligious learned men, invented and established this custom. Thus, those who organize Meelad functions and those who participate in them are in reality assisting to establish a practise introduced by evil men. They are aiding and abetting in the fostering of a custom which is in total conflict with the Shari'ah of Islam. It is a great crime to maintain and encourage customs and practices which were brought into being by those who had no connection with the Deen, more so, when these customs and practices are a conglomeration of un-Islamic elements".

Observe how they begin with a lie and end with a greater lie, progressing from calling King Muzaffar and the Ulema of the Umma as "irreligious" until they end up saying they "had no connection with the Deen"! Is not the curse of Allah on the heads of the liars?

More importantly, Ibn Kathir himself composed a text on Mawlid, made of hadiths, invocations of blessings on the Prophet , and poetry in praise of him. It is entitled Mawlid Rasulillah sallallahu `alayhi wa sallam, and was edited and published by Salah al-Din al-Munajjid (Beirut: Dar al-Kitab al-Jadid, 1961).

17. "The observance of the 12th of this month as the birthday of the Holy Prophet, Sall-Allahu alayhi wa sallam, is not only an innovation having no basis in the Islamic teachings, but the accuracy of this date as the real birthday of the Holy Prophet, Sall-Allahu alayhi wa sallam, is also very much doubted."

Comment: Here the author contradicts what he had said in the first paragraph: "Rabi'ul-Awwal is the most significant month in the Islamic history, because humanity has been blessed in this month by the birth of the Holy Prophet Muhammad, Sall-Allahu alayhi wa sallam." Does this not constitute "a basis in the Islamic teachings" since this Mufti deems himself one such basis and these are his words? As for the specific date of the 12th, it is enough to quote Ibn Rajab al-Hanbali on the matter in his book Lata'if al-Ma`arif (p. 185): "The VAST MAJORITY hold that he [the Prophet, Allah bless and greet him] was born on the Second Day of the Week (al-Ithnayn = "Monday") 12 Rabi` al-Awwal... in the Year of the Elephant."

So it is a good date for such a celebration because there is greater readiness for it in the hearts and minds of the people at that time; and, at

the same time "we do NOT claim that it is Sunna to do celebrate the Mawlid on a specific night and whoever claims this has committed innovation in the Religion, because we should remember him at all times... although the reason to do so becomes stronger in the month of his birth due to the turning of people to that event and their gatherings and their feelings [at that time]." Al-Sayyid Muhammad al-Maliki, Mafahim (10th ed. p. 317).

18. "There are different dates suggested in different traditions, and the majority of the authentic scholars is inclined to hold that the Holy Prophet, Sall-Allahu alayhi wa sallam, was born on the 9th of Rabi'ul-Awwal."

Comment: This is another half-truth in the light of Ibn Rajab's report that the vast majority of the authorities settled on the twelfth. This is also stated in al-Salihi's Subul al-Huda (1:403). Furthermore, by his words "the majority of the authentic scholars" the author apparently only means three contemporaries: Dr. Abu al-Hasan `Ali al-Nadwi, the Egyptian astronomer Mahmud Basha, and Muhammad Sulayman al-Mansur Furi, the latter two footnoted in al-Nadwi's _al-Sira al-Nabawiyya_ (p. 99).

Nor has it been the adab of the true Ulema to scorn what the majority of the Ulema concur on as true and correct, as illustrated by the refined, scholarly style of our teacher Dr. Nur al-Din `Itr in mentioning both dates in his Mawlid book, al-Nafahat al-`Itriyya fi Sirat Khayr al-Bariyya (p. 5-6): "He was born on the ninth of Rabi` al-Awwal according to the verification of some of the Imams or on the 12th according to the most famous position (al-mashhur) in the Umma." The Moroccan Shaykh of Tanalt (Great Atlas chain in South Morocco) al-Dadisi Muhammad al-Ghali did not even mention the 9th in his Sira compendium _Laft al-Anzar ila Qurrat al-Absar fi Sirat al-Mushaffa` al-Mukhtar_ (p. 38-39): "On the day of al-Ithnayn in the most radiant month, on the 3rd or the 12th or the 8th of Rabi` al-Awwal." Nor does the hadith master al-Salihi mention the 9th at all in his encyclopedia of all Siras, Subul al-Huda wa al-Rashad fi Sirat Khayr al-`Ibad (1:403) but only, in order of strength among the Ulema: the 12th, 8th, 10th [preferred by al-Dhahabi in the Siyar (1:21) after his teacher Abu Muhammad al-Dimyati], 2nd, 17th, 18th, or 1st of Rabi` al-Awwal.

The date of the 12th was also given precedence over all other dates by Dr. Muhammad Abu Shuhba in his 1,400-page _al-Sira al-Nabawiyya_ (1:173), while Dr. Sa`id Ramadan al-Buti mentions the 12th exclusively of any other date in his _Fiqh al-Sira al-Nabawiyya_ (10th ed.). Where, then, are the irresponsibly-claimed "majority of the authentic scholars" or are all the above scholars frauds?

Furthermore, the author himself categorically stated at the beginning of his fatwa (item #1) that "Rabi'ul-Awwal is the most significant month in Islamic history because humanity was blessed in this month by the birth of the Holy Prophet " although there are also other months reported in the Sunna for the event of his noble birth, such as Safar, Rajab, Ramadan, and Rabi` al-Thani, cf. Ibn Rajab, Lata'if (p. 184) and al-Haytami, al-Minah al-Makkiyya (1:181). If the author does not know this discrepancy in relation to the month then perhaps there are gaps in his knowledge of the facts in relation to the day and other aspects as well. And if the author does know this discrepancy in relation to the months then why does he speak in categorical terms to affirm the month of Rabi` al-Awwal then turns dubious when it comes to the day of the 12th?

19. "This difference of opinion is another evidence to prove that the observance of the birthday is not a part of the religion, otherwise its exact date would have been preserved with accuracy."

Comment: Another wholly original and innovative speculative analogy leading to a false proof without firm basis in the Religion, what is more, couched in unscholarly terminology - "not part of the Religion" - to avoid stating clearly once and for all if such an observance is permitted or not. There has been, many times, a difference of opinion in our times on the exact date of the beginning of the months of Ramadan and Dhu al-Hijja, but does this have any bearing whatsoever on the fact that fasting and pilgrimage are part of the Religion?!

In fact, not only the day, month, and (most emphatically) year of the Mawlid are generally agreed upon but the specific time of day when he was born can also be known: according to the Ghawth Sidi `Abd al-`Aziz al-Dabbagh in al-Ibriz, the Prophet was born in the last third of the night, and this is supported by al-Hakim's narration from `A'isha and al-Tabarani, al-Bayhaqi, and Ibn al-Sakan's from Fatima bint `Abd Allah al-Thaqafiyya; although the Hadith Master Zayn al-Din al-`Iraqi in his _al-Mawrid al-Hani fi al-Mawlid al-Sani_ adduces from the Siyar evidence that it took place in the daytime; and the Sunan state at noon - mursal from Sa`id ibn al-Musayyib - as well as Ibn Dihya and al-Zarkashi in his _Sharh al-Burda_, but Allah Almighty knows best and the Prophet knows best.

20. "The narration of his pious biography (the Seerah) in itself is a pious act, which invites the divine blessings, but the Holy Qur'an and the Sunnah have not prescribed a particular time or method for it. This pious act should be performed in all the months and at all the times."

Comment: According to Usmani's own criterion, the above advice is an invitation to bid`a because conferences and talks about the Sira have no precedent in the Sunna nor in the practice of the pious early centuries! Rather, the Sunna shows that the Sahaba would stand and declaim/sing poetry in praise of the Prophet and that he would reward them lavishly as he did with Ka`b, `Abd Allah ibn Rawaha, Hassan ibn Thabit, Qurra ibn Hubayr and many others.

As for the assertion that "this pious act should be performed in all the months and at all the times" its absurdity is evident for all to see in light of the prohibition of the same act in the month of Rabi` al-Awwal and specifically the 12th of that month, although these two times fall within the time frame of "all the months and at all the times"!

21. "The month of Rabi'ul-Awwal has not been designated by the Shariah as a special season for holding such congregations to commemorate the birth or life of the Holy Prophet, Sall-Allahu alayhi wa sallam."

Comment: If someone repeats a false statement enough times, it might in the end pass for true among those whom Allah wishes to mislead, but not among those to whom He grants discernment.

22. "It is thus an innovation (Bid'ah) to restrict the Seerah meetings to the month of Rabi'ul Awwal only, or to believe that the meetings held in this month are worthy of more reward than the meetings held on any other date during the year."

Comment: As was just replied, the Seerah meetings themselves are a bid`a according to this man's own criterion. This new, imposed condition that such meetings must not be restricted to a particular month, shows that he readily considers those meetings a part of the Shari`a when he himself said that Allah has completed the Religion, and such meetings were neither revealed to the Prophet as part of it nor practiced by the early generations! And what is the status of someone who declares the belief of the vast majority of the Muslims a bid`a? Allah is our recourse and help against the entanglements of would-be legislators who break the ranks of Sunni unity and ask the people to follow them in their errings.

23. "In fact, the Companions of the Holy Prophet, Sall-Allahu alayhi wa sallam, used to commemorate the life of the Holy Prophet, Sall-Allahu alayhi wa sallam, throughout the year, not only by studying and conveying his message to others, but also by following his way of life and acting upon his teachings in each and every branch of their activities, and this is exactly what a Muslim is required and supposed to do."

Comment: The above shows that Mufti Taqi Usmani admits that the principle of commemorating the life of the Holy Prophet was alive and well among the Companions and therefore not an innovation. However, he neglects to mention - or does not seem to know - that the Companions not only "studied" and "conveyed his message to others," but also *recited and sang poetry* in his honor both in his lifetime and after!

As for the often-heard claim of would-be censors that "the Prophet and the Companions never celebrated the Mawlid as it is celebrated today", this never formed proof for the undesirability or prohibitiveness of anything in the Law, Mawlid or otherwise. This was demonstrated at length by al-Sayyid `Abd Allah al-Ghumari in his epistle _Husn al-Tafahhum wa al-Dark li Mas'alat al-Tark_ ("Right Comprehension and Understanding the Issue of 'Not Doing Something'") reprinted by Dar al-Awqaf in Dubai, United Arab Emirates.

24. "By this we do not mean that the Seerah meetings should not be held in the month of Rabi'ul-Awwal. The point is only that they should not be restricted to it, nor should it be believed that the Shariah has laid any kind of emphasis on holding such meetings in this particular month."

Comment: Let those who wish hold them in Rabi` al-Awwal and let those who wish hold them in any other month. { And for this let all those strive who strive for bliss} (Q 83:26).

25. "It is often observed, especially in the Western countries, that the people hold the Seerah meetings where men and women sit together without observing the rules of hijab prescribed by the Shariah. The teachings of the Holy Prophet, Sall-Allahu alayhi wa sallam, are obviously against such mixed gatherings. How can a Seerah meeting bring fruits where such fundamental teachings of the Shariah are openly violated?"

This never invalidates the ruling of desirability that applies to the principle.

Comment [from Brother Ahmad I on msa-ec mail list, 11 July 2000]:

Allama Shaami (radi Allahu anhu) states: "One must not leave visiting the graves just because some illegal activities are taking place, for example, inter-mingling of sexes. Mustahabbaat (recommended acts) should not be left out because of this type of illegal activities. It is necessary for the people to visit the graves *and* stop the Bid`a". (Fatawa Shaami: Kitabul Jana'iz - Discussion on visiting the graves)

Allama Shaami (radi Allahu anhu) has stated categorically that inter-mingling of sexes will not make any Mustahab act Haraam or avoided. There were idols in the Kaaba before Makkah was conquered, but Muslims did not leave out performing the Tawaaf (circumbulation) or Umrah because of the idols. Yes,when Almighty Allah gave them the power, they eventually destroyed the idols.

When people go for Haj, there is inter-mingling of sexes at the airport, in the plane, during Tawaaf,at Mina and at Muzdalifah, yet no one puts a stop to Hajj. In Meelad gatherings, at least men and women sit separately and women are with Hijab. In the Nikah assembly, inter-mingling of sexes occurs and most of the women do not come with Shar`i Hijab. Will the Majlisul Ulama issue Fatwas condemning Nikah gathering to be Haraam? If not, why then is your entire effort spent to make Meelaad functions Haraam?

26. "In some meetings the Na'ts (poems) in the memory of the Holy Prophet, Sall-Allahu alayhi wa sallam, are recited by the women before the male audience, sometimes with music, which is totally against the instructions of the Holy Prophet, Sall-Allahu alayhi wa sallam. It is clearly prohibited by the Shariah to hold such meetings or to participate in them, because it is not only a violation of the Shariah rules, but it is an affront to the sanctity of the Seerah of the Holy Prophet, Sall-Allahu alayhi wa sallam."

Comment: This has already been answered in the previous paragraph but we might add that the Prophet on so many public and private occasions heard female singers and did not stop them from their activity as long as what they were reciting was approved by the law, namely Na`at! { Truly it is not their eyes that are blind, but their hearts which are in their breasts} (22:46).

27. "All other activities, often practiced on the twelfth of Rabi'ul-Awwal, like holding processions, constructing the mock tombs of the Holy Prophet, Sall-Allahu alayhi wa sallam, and illumination of the buildings and the roads are not warranted by any rule of the Shariah. Rather they are based on conscious or unconscious imitation of certain other religions. No example of such activities can be traced out from the earlier Islamic history."

Comment: It seems that in this single fatwa the author multiplies the indications that his knowledge of Islamic history, the Sunna, the Sira, and the principle of the Shari`a is full of gaps. Following are examples of the public celebration of the Mawlid from the sixth to the tenth centuries, some of them comprising most of the elements that Usmani claims were never present in earlier Islamic history:

- Ibn Jubayr (540-614) wrote in his Rihal ("Travels"), p. 114-115: "This blessed place [the house of the Prophet] is opened, and all men enter it to derive blessing from it (mutabarrikin bihi), on every Monday of the month of Rabi` al-Awwal; for on that day and in that month was born the Prophet."

- The 7th-century historians Abul `Abbas al-`Azafi and his son Abul Qasim al-`Azafi wrote in their unpublished Kitab ad-Durr al-Munazzam: "Pious pilgrims and prominent travellers testified that, on the day of the mawlid in Mecca, no activities are undertaken, and nothing is sold or bought, except by the people who are busy visiting his noble birthplace, and rush to it. On this day the Ka`ba is opened and visited."

- The famous eighth-century historian Ibn Battuta relates in his Rihla (1:309 and 1:347), that on every Friday, after the salat, and on the birthday of the Prophet, the door of Ka`ba is opened by the head of the Banu Shayba, the doorkeepers of the Ka`ba, and that on the Mawlid, the Shafi`i qadi (head judge) of Mecca, Najmuddin Muhammad Ibn al-Imam Muhyiddin al-Tabari, distributes food to the shurafa' (descendants of the Prophet) and to all the other people of Mecca.

- The historian Ibn Zahira al-Hanafi in his al-Jami` al-Latif fi Fadl Makka wa Ahliha, p. 326; Imam Ibn Hajar al-Haytami in his Kitab al-Mawlid al-Sharif al-Mu`azzam; and the historian al-Nahrawali in al-I`lam bi-A`lam Bayt Allah al-Haram, p. 205 said that each year on the 12th of Rabi` al-Awwal, after the salat al-Maghrib, the four qadis of Mecca (representing the Four Schools) and large groups of people including the fuqaha' (scholars) and fudala' (notables) of Mecca, shaykhs, zawiya teachers and their students, ru'asa' (magistrates), and muta`ammamin (scholars) leave the mosque and set out collectively for a visit to the birthplace of the Prophet, shouting out dhikr and tahlil (LA ILAHA ILLALLAH). The houses on the route are illuminated with numerous lanterns and large candles, and a great many people are out and about. They all wear their best attire and take their children with them. Having reached the birthplace, inside a special sermon for the occasion of the birthday of the Prophet e is delivered, mentioning the miracles (karamat) that took place on that occasion. Hereafter the du`a' for the Sultan (i.e. the Caliph), the Emir of Mecca, and the Shafi`i qadi is performed and all pray humbly. Shortly before the salat al-`Isha', the whole party returns from the birthplace of the Prophet e to the Great Mosque, which is almost overcrowded, and all sit down in rows at the foot of the Maqam Ibrahim. In the mosque, a preacher first mentions the tahmid (AL HAMDULILLAH) and the tahlil, and once again the du`a' for the Sultan, the Emir, and the Shafi`i qadi is performed. After this the call for the Salat al-`Isha' is made. After the salat, the crowd breaks up.

- A similar description is given by al-Diyarbakri (d. 960) in his massive Sira titled Ta'rikh al-Khamis fi Khabar Anfasi Nafis.

28. "What is really important with regard to the Holy Prophet, Sall-Allahu alayhi wa sallam, is, first, to follow his teachings, and second to make his pious Seerah available to every Muslim, to preserve it in the hearts of the Muslims from the very childhood, to educate the family members to run their lives according to it and to hold it as the most glorious example of the human conduct the universe has ever witnessed -- and all this with utmost love and reverence, not manifested by some formal activities only, but also through actual behavior of following the Sunnah."

Comment: There is nothing in the principle of Mawlid gatherings, Qur'an and Na`at recitation, and distribution of food and sweets except what follows the Prophetic teachings, increases knowledge of his Sira among the Muslims, stimulates love for him in their hearts, and encourages them to educate their families according to Islamic principles from the cradle to the grave, "with utmost love and reverence, not manifested by some formal activities only, but also through actual behavior of following the Sunnah"!

29. "This cannot be done by merely holding processions and illuminating the walls. This requires constant and consistent efforts and a meaningful program of education and training."

Comment: No-one disagrees with the above while the rest of the fatwa is mostly wrong and should be ignored.

Blessings and peace on our Master the Messenger of Allah, his Family, and all his Companions, and praise belongs to Allah, the Lord of the worlds.

Hajj Gibril
GF Haddad ©