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A Deobandi [Hayati] innovation not spported by hanafi madhab?

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  • A Deobandi [Hayati] innovation not spported by hanafi madhab?

    Bismillah
    I have been searching hanafi books of fiqh for an opinion on an innovation practiced by 'hanafi' deobandis and barelvis in indo-pak. It is as follows:

    After each prayer in congregation, the imam would turn to the followers and

    1) If it is the dhuhr or 'asr prayer, all of them would raise their hands, the imam would make du'a silently, and so the followers, untill when the imam says "Ameen ya Rabb al-'aalameen" loudly, he would wipe his face with his hands and the followers would do the same to end their prayers and continue with nawafil. Especially after 'asr prayers, he would first do the 33-33-34 tasbeeh on finger-tips and then go into making the congregational du'a.

    2) If it is a prayer in which recitation is done loudly, the imam would not turn around, raise his hands with his back to the congregation, and make the du'a loudly [in arabic, not understood by any congregation member]. The followers would say ameen silently and then suddenly orafter being a silent for a moment he would wipe his face to indicate the du'a is over. the followers would follow suit. This is in particular in maghrib and 'isha. In fajr i dont remember whether he first does 33-33-34 tasbih or not. Been quite a while since i was in pak last.

    Now if we look at hanafi madhab in particular, we donot find any particular methodology of these muqallid 'hanafis'. Hayati deobandis are the most well-known for their bigotry and famed for tahreef in the Book and Sunnah [See sh bakr abu zayd's tahreef al-nusoos and sh maqbool ahmed's al-dhawabi' fe wajh al-sunnah], all in defence of hanafi madhab. But here we see that even the madhab does not support their innovation, and infact opposes it.
    Imam Mubarakpuri said a century ago:


    إعلم أن الحنفية في هذا الزمان يواظبون على رفع اليدين في الدعاء بعد كل مكتوبة مواظبة الواجب فكأنهم يرونه واجبا ولذلك ينكرون على من سلم من الصلاة المكتوبة وقال اللهم أنت السلام ومنك السلام تباركت يا ذا الجلال والاكرام ثم قال ولم يدع يرفع يديه
    وصنيعهم هذا مخالف لقول إمامهم الامام أبي حنيفة وأيضا مخالف لما في كتبهم المعتبرة قال العيني في عمدة القارىء قال أبو حنيفة كل صلاة يتنفل بعدها يقوم وما لا يتنفل بعدها كالعصر والصبح فهو مخير وهو قول أبي مجلز لا حق بن حميد انتهى وقال في البحر الرائق ولم يذكر المصنف ما يفعله بعد السلام وقد قالوا إن كان إماما وكانت صلاة يتنفل بعدها بإنه يقوم ويتحول عن مكانه إما يمنة أو يسرة أو خلفه والجلوس مستقبلا بدعة وإن كان لا يتنفل بعدها يقعد مكانه وإن شاء انحرف يمينا أو شمالا وإن شاء استقبلهم بوجهه انتهى
    وقال في العالم كيرية
    وإذا سلم الامام من الظهر والمغرب كره له المكث قاعدا لكنه يقوم إلى التطوع ولا يتطوع في مكان الفريضة ولكن ينحرف يمنة أو يسرة أو يتأخر وإن شاء رجع إلى بيته يتطوع فيه وإن كان مقتديا أو يصلي وحده إن لبث في مصلاه يدعو جاز وكذا إن قام إلى التطوع في مكانه أو تأخر أو انحرف يمنة أو يسرة جاز والكل سواء
    وفي صلاة لا تطوع بعدها كالفجر والعصر يكره المكث قاعدا في مكانه مستقبل القبلة والنبي صلى الله عليه و سلم سمى هذا بدعة ثم هو بالخيار إن شاء ذهب وإن شاء جلس في محرابه إلى طلوع الشمس وهو أفضل ويستقبل القوم بوجهه إذا لم يكن بحذائه مسبوق فإن كان ينحرف يمنة أو يسرة والصيف والشتاء سواء هو الصحيح كذا في الخلاصة انتهى


    this is is from tuhfat al-ahwadhi, bi sharah al-tirmidhi. It says that the hanafi fiqh says that the imam should not sit at his place and leave or start nafil prayers. Ibn Nujaim Al-Hanafi says similarly in al-ashbah wa al-nazair:

    الاشتغال بالسنة عقب الفرض أفضل من الدعاء
    That is it is better to pray nawafil than du'a.

    And imam ibn taymia considers it a bid'ah:
    وَسُئِلَ هَلْ دُعَاءُ الْإِمَامِ وَالْمَأْمُومِ عَقِيبَ صَلَاةِ الْفَرْضِ جَائِزٌ أَمْ لَا ؟
    الْجَوَابُ
    فَأَجَابَ : الْحَمْدُ لِلَّهِ . أَمَّا دُعَاءُ الْإِمَامِ وَالْمَأْمُومِينَ جَمِيعًا عَقِيبَ الصَّلَاةِ فَهُوَ بِدْعَةٌ لَمْ يَكُنْ عَلَى عَهْدِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَلْ إنَّمَا كَانَ دُعَاؤُهُ فِي صُلْبِ الصَّلَاةِ فَإِنَّ الْمُصَلِّيَ يُنَاجِي رَبَّهُ فَإِذَا دَعَا حَالَ مُنَاجَاتِهِ لَهُ كَانَ مُنَاسِبًا . وَأَمَّا الدُّعَاءُ بَعْدَ انْصِرَافِهِ مِنْ مُنَاجَاتِهِ وَخِطَابِهِ فَغَيْرُ مُنَاسِبٍ وَإِنَّمَا الْمَسْنُونُ عَقِبَ الصَّلَاةِ هُوَ الذِّكْرُ الْمَأْثُورُ عَنْ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنْ التَّهْلِيلِ وَالتَّحْمِيدِ وَالتَّكْبِيرِ كَمَا كَانَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ عَقِبَ الصَّلَاةِ : { لَا إلَهَ إلَّا اللَّهُ وَحْدَهُ لَا شَرِيكَ لَهُ لَهُ الْمُلْكُ وَلَهُ الْحَمْدُ وَهُوَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ اللَّهُمَّ لَا مَانِعَ لِمَا أَعْطَيْت وَلَا مُعْطِيَ لِمَا مَنَعْت وَلَا يَنْفَعُ ذَا الْجَدِّ مِنْك الْجَدُّ } . وَقَدْ ثَبَتَ فِي الصَّحِيحِ أَنَّهُ قَالَ : { مَنْ سَبَّحَ دُبُرَ الصَّلَاةِ ثَلَاثًا وَثَلَاثِينَ وَحَمِدَ ثَلَاثًا وَثَلَاثِينَ وَكَبَّرَ ثَلَاثًا وَثَلَاثِينَ فَذَلِكَ تِسْعَةٌ وَتِسْعُونَ وَقَالَ تَمَامَ الْمِائَةِ : لَا إلَهَ إلَّا اللَّهُ وَحْدَهُ لَا شَرِيكَ لَهُ لَهُ الْمُلْكُ وَلَهُ الْحَمْدُ وَهُوَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ : حُطَّتْ خَطَايَاهُ } - أَوْ كَمَا قَالَ - فَهَذَا وَنَحْوُهُ هُوَ الْمَسْنُونُ عَقِبَ الصَّلَاةِ وَاَللَّهُ أَعْلَمُ
    .

    and it is well-know that had it been an opinion in the salaf ibn taymia would have been the last person to declare it a bid'ah.

    Food for thought....after this the halala issue, insha'Allah.
    أنا محمّدي ما حييت فإن أمت **** فوصيتي للناس أن يتحمّدوا
    I am a Muhammadi as long as I breathe....
    ....And if I die, then my will is for people to become Muhammadi


  • #2
    The Haram Halala

    Originally posted by brother from iA
    I know that this happens for a fact in Deobandi circles - In fact Jamia Ashrafia in lahore has a 'halala' centre.

    This is where a man marries a woman and divorces her (or sometimes does not divorce her, but is fooled into thinking he has).

    The deobandi maulvi will then draw up a contract where he (or one of his mates) will marry the woman, for a specified time, then return her to her original husband, sometimes for a fee...

    There are horror stories where a woman is passed around several moulvis before she gets to go back to her original husband.
    I believe that Abu Maryam has many more details of why and how this happens....
    Bismillah
    yes i can confirm this. Both deobandi and barelvis do this, sadly [i dont about ashrafia since i dont live in lahore, but since i am from karachi, some brothers whom i studied with told me that such a centre exists in jamia binoria, karachi. binoria is alma matter of sh binnori and sh masood azhar]. Infact u wud be surprised by the following:

    تنبيه قال صاحب العرف الشذي والمشهور عندنا أن الشرط إثم والنكاح صحيح قال ولأبي حنيفة ما أفتى عمر بسند لعله جيد أن رجلا نكح امرأة للتحليل فقال له عمر رضي الله عنه لا تفارق امرأتك وإن طلقتها فأعزرك



    caution: the author al'urf al-shazzi (anwar shah kashmiri) said, 'the well known fatwa to us hanafis is that to put the pre-condition (that the second husban would give tallaq to make hallal for the first husband) is a sin, however the marriage contract is valid. For this madhab of imam abi hanifa the evidence is the verdict of 'umar, whose chain of narrators may be good, that a person married a woman with the peupose of divorcing her later to make her halaal for the first husband. so 'umar said to him, dont divorce her otherwise i will punish u'
    قال فدل على صحة النكاح للتحليل انتهى
    قلت روى عبد الرزاق أن امرأة أرسلت إلى رجل فزوجته نفسها ليحلها لزوجها فأمره عمر بن الخطاب أن يقيم معها ولا يطلقها وأوعده أن يعاقبه إن طلقها
    ذكر هذا الأثر الشوكاني في النيل بغير السند ولم أقف على سنده


    kashmiri said this shows that the nikah itself is valid. end quote.
    I (mubarakpoori) say, 'abdurRazzaq narrated a similar narration from 'umar, as mentioned by al-shawkaani in al-nail wothout a chain, and i have not found a chain for this either.


    من يدعى أنه صحيح فعليه البيان وأثر عمر هذا يخالفه ما أخرج بن أبي شيبة عنه قال لا أوتي بمحلل له ولا محلل له إلا رجمتهما ويخالفه قول بن عمر رضي الله عنه كنا نعد هذا سفاحا على عهد النبي صلى الله عليه و سلم
    وصححه الحاكم وقد تقدم

    so he who claims it is authentic, must bring proof for this. this narration from 'umar infact opposes what ibn abi shaibah narrated from 'umar that if the person who is making the wife halaal for the first man and the one for whom she is being made halaal is brought to me i would stone them. 'umar that he said: in the time of the Prophet sallallaho'alaihiwasallam, we used to count this as adultery.

    ثم قال صاحب العرف الشذي وإن لم يشترط في اللفظ فإن كان الرجل معروفا بهذا الفعل فمكروه تحريما كما في فتح القدير

    وفي بعض كتبنا أنه إذا لم يشترط في اللفظ فالمحل له ثواب لأنه نفع أخيه المسلم انتهى بلفظه

    then kashmiri added, "if the precondition is not written down or verbally spoken, then if the person is known to make these contracts to taste different women, then this is severely disliked like a haraam, as in ibn hummaam's fath al-qadeer, explanation of hidaya.
    and in some of our (hanafi )books it is written that if the condition is not written down or verbal (but only the intention is there, or tacit approval like in present day halal-centres) then the second man is rewarded by Allah, because he is benifitting his Muslim brother. " end quote.

    قلت وفي بعض كتب الحنفية أنه مأجور وإن شرطاه بالقول لقصد الاصلاح
    وهذا هو معمول به عند حنفية ديارنا فيعملون به ويظنون أنهم ينفعون إخوانهم ويصيرون مأجورين فهداهم الله تعالى إلى التحقيق


    i (mubarakpuri) say "in some hanafi books it is written that he is rewarded by Allah, even if the verbal pre-condition is there, because he intends to make-up a broken house.

    And this is what is practiced by hanafis in our countries (subcontinent), as the act upon it and think they will be rewarded by Allah on this by benefitting their brothers. May Allah Guided them to do research (anmd lieve their stagnation)"


    Tuhfat al-ahwazi 4/224.

    this book was highly recommended by sh ibn baz rahimahullah, and is perhaps the best sharah of tirmidhi



    this is from tuhfat al-ahwazi, sharh of tirmidhi. Sahib al-urf al-shuzi is none other than allama anwar shah kashmiri rahimahullah [his grandson became salafi recently]. If someone needs translation, feel free to ask.

    The crux of the matter that the same horrible 'illah is given by deobandis'barelvis to this day. Recently, i heard [the rawi is not thiqa], that sh shamozai, principal of binoria, when he was alive rahimahullah, published a fatwa about halala and said it is ok if it is done to make-up a broken home. sh ibrahim bhatti responded to this in other newspaper, and later sh shamozai phoned him to stop the newspaper articles.
    i am sure some people remember the famous high court case of sindh high-court. the justice was Mr Justice Shafi muhammadi. a halala case was brought to him, after looking to all aspects, religious ones too, he gave very strong remarks against this humiliating and immoral practice. This caused a storm in deobandi/barelvi circles, who considered it an attack on hanafi fiqh, since justice shaffi muhammadi, as the name tells, was an ahle hadith. scores of fatawa and newspaper articles against this judgement followed, along with i think protests. in the heat of it PTV produced a very good drama serial on the topic featuring mahnoor baloch, qaisar shah (husband of fazeela qaadhi) and noman ijaz [i was young at the time, oops]. Anyway, it just shows the pathetic level of these muqallidah.

    What happens in pak is the following: a 'hanafi' couple has an argument and husband gives 3 tallaqs in one shot. the husband realizes that he would be deprived of a wife, and goes to deo/barelvi maulvis. he says tallaq bain has taken place. in the same sitting the maulvi sahib would say, but there is only one way. she must marry another man, have sex with her, and if he gives tallaq or dies then she will bcome halal to u again. the man besseches, but who wud divorfce my [pretty] wife after having been with her. maulvi sahib says, yes thats a dificult question, but in our medressah is a trusted student who is reliable, and will have mercy on u. immediately the guy is called, and agrees after some time. then the 'nikah' takes place after the iddah and the girl shifted in his "hujra" (small cabin in the madressah) for the night. the day after he gives tallaq. then after the iddah she is returned. in many cases greedy maulvis can eat up the iddah period too.

    if the maulvi's own daughter is involved, usually they sewnd them to the wahhabi madressah in town to get the fatwa that 3 talaq in one shot is one, hence no halala. believe me, a murder took place in panjab when a halali maulvi told his own daughter to get the wahhabi fatwa. i think it was reported by nawai waqt paper. or if the couple is smart enough and someone tells them of the easy way, they will end up in a wahhabi mufti's place anyway.

    u see there is an element of talfiq, seeking easy fatawa is involved here. so, some ahlehadith ulema, like sh mubashir rabbani of lashkar taiba and shah badiuddin rashidi sindee say that if a person comes solrly for this fatwa, and not to seek the truth of islam, then say to him ur tallq has taken place or take the fatwa from those u always trust. Since talfeeq, by concensus, is haraam.


    Quote:
    Originally Posted by Bro from iA

    The first is, if it is such a 'classical hanafi' thing to do, then why is it that only the subcontinental Deobandis and Barelwis do this?

    that's agood question. Perhaps because imam abu yuisuf and imam mummad bin alhasan were against it. But our brothers in indo-pak dont buy this. Let's leave alone the latter scholars, at least the early ikhtilaaf shows it wasnt so classical anyway.
    Having said that the salaf were critical of ahlul rai for considering the contract to be valid nevertheless, despite the precondition. See imam waki' bin al-jarrah's saying in sunan al-tirmidhi that imam tirmidhi brought to disparage this view of ahlul rai, rahimahumullah [sahibul tuhfah has an interesting observation on this, viz that this shows that imam waqee wasn't a 'hanafi' muqallid after all, as asserted by sh kashmiri in al'arf].

    i am assuming that other hanafi ulema, as in shaam etc., take the rai of the sahibain rather than the imam, which is not wholly implausible.

    And lastly, saying that the 2nd man gets ajar is probably an innovation of the latter scholars, who were mostly jaamid (stagnant), as such bill-clintonism would be unthinkable in the time of the salaf, IMHO.

    This is a very relevant situation. Some of our own relatives may end up in such humiliation, may Allah Forbid that.

    As some contemporary scholars (who may give fatwa to the talfiq-oriented scholar of one talaq say), this actually takes out all the haya (modesty) out of the poor girl and eases the burden of zinaa on her, since she has already tasted another (holy?) man. Perhaps that is why they give the fatwa of one talaq anyway.
    __________________
    Quote:
    Abbas Ali Shah, the plaintiff in the case and father of Karamat and Faiza, wed Ghulam Fatima for ‘halala’ some 30 years ago on the request of his friend and Fatima’s former husband Haji Shah.

    Eight months after her marriage, pregnant Fatima got divorce from Abbas and again wed her former husband, Haji Shah. She gave birth to Karamat, Abbas’ son, in Haji Shah’s house.

    Years later, Karamat started visiting Abbas’ house and developed courtship with his daughter, Faiza. They did not take into consideration Abbas’ claim that they should not behave this way because they were siblings.

    On Jan 17, 2007, Faiza wed Karamat, the ‘son of Haji Shah’ of Tahli Goraya (Pindi Bhattiyan), without the consent of her father. Karamat did not have to consult his mother, Ghulam Fatima, and ‘father’ Haji Shah because both of them had died.

    On Jan 27, Faiza told a local magistrate that she wed ‘her cousin’ Karamat on her free will.
    http://www.dawn.com/2006/06/26/local6.htm

    Quote:

    She was aghast to learn that her eldest brother-in-law, an advocate and father of three sons, had divorced his wife without a cause and then had forced Shazia’s husband do a "halala" with his wife, before remarrying her again. That was Shazia’s husband’s first marriage. Later, he married and divorced another girl from the village before he married Shazia.
    "Halala" is a custom prescribed in the Quran ostensibly to make divorce difficult. Under this, the divorced wife has to marry another man, consummate the marriage, take a divorce, spend a period of iddat (three months and 10 days) and only then can she technically remarry her former husband.
    After two years, the second brother-in-law followed suit and his wife had to undergo "halala" with the husband of their sister before she was remarried to the former husband. Both women suffered in silence and had no choice in the matter. Neither did the old mother- in-law could do anything to help, a sobbing Shazia told this reporter. According to Shazia, as she remained the only wife in the family of three brothers who had not suffered a "halala", she was under tremendous pressure. Her brothers-in-law forced her husband to divorce her on October 28 last, with the promise to take her back if she agreed to undergo "halala" with one of them.
    http://www.tribuneindia.com/2006/20060203/nation.htm
    Quote:
    clerics had said that if Nazma wanted to live with her husband, she must perform 'halala' (she must marry another man and the marriage must be consummated, after which she can get a divorce and then re-marry her first husband).
    www.loc.gov/law/news/global-monitor/2006_glm_06-07.pdf



    Last edited by Um Abdullah M.; 06-20-2008, 10:16 AM. Reason: Making the font smaller
    أنا محمّدي ما حييت فإن أمت **** فوصيتي للناس أن يتحمّدوا
    I am a Muhammadi as long as I breathe....
    ....And if I die, then my will is for people to become Muhammadi

    Comment


    • #3
      Assalamu Alaikum Brother.

      Jazakallahu Kheira for this.

      Excuse my ignorance but what is a "Hayati" Deobandi? A subsect of Deobandiyyah?

      Comment


      • #4
        Wa iyyakum ukhtina.
        the majority of deobandiyya are hayati, a subsect. They be;ieve in tasawwuf, its silsillahs, bid'ii tawassul, the actual life of prophets in grave etc. Sh Talib's al-deobandiyyah is against them. As opposed to them the mamaties are another subsect, who are closer to ahlus sunnah. but sadly they r too few
        أنا محمّدي ما حييت فإن أمت **** فوصيتي للناس أن يتحمّدوا
        I am a Muhammadi as long as I breathe....
        ....And if I die, then my will is for people to become Muhammadi

        Comment


        • #5
          Sster UM. Can u please edit the fonts in my post. It looks pathetic
          أنا محمّدي ما حييت فإن أمت **** فوصيتي للناس أن يتحمّدوا
          I am a Muhammadi as long as I breathe....
          ....And if I die, then my will is for people to become Muhammadi

          Comment


          • #6
            Assalamu Alaikum Brother.

            Originally posted by Abu Maryam Alsalafi View Post
            the majority of deobandiyya are hayati, a subsect. They be;ieve in tasawwuf, its silsillahs, bid'ii tawassul, the actual life of prophets in grave etc. Sh Talib's al-deobandiyyah is against them. As opposed to them the mamaties are another subsect, who are closer to ahlus sunnah. but sadly they r too few
            Jazakallahu Kheira Brother. Who are the famous mamaties out there today though?

            Originally posted by Abu Maryam Alsalafi View Post
            Sster UM. Can u please edit the fonts in my post. It looks pathetic
            I think you mean Sister UA. Sister UM can only edit posts in her Books and Websites section......

            Comment


            • #7
              As-Salamu 'Alaykum

              It is well known that pre-planing halala in advance is haram and the nikah between person A's ex-wife with person B is invalid. I came across a hadith a while ago, I believe it was from Trimidhi and the wordings were like: Prophet (peace be upon him) cursed the people for doing the halala this way. So now, my question is: how do these molvess justify doing halala this way?
              Fi Amanillah
              Wa As-Salāmu 'Alaykum
              Islamic-Life
              Bringing Da'wah back..to life!

              Alee bin al-Madini (rahimahullah) said: "When someone says so and so is an anthropomorphist we come to know he is a Jahmi". [Sharh Usool ul-I'tiqaad (no.306)]

              Comment


              • #8
                Salam aleykum

                1) Hanafis have specific rules about contracts, and that is whatever is forbidden by the Quran and Khabar Mutawatir and Mashur is Haram

                The Mashur for Ahnaf is what is narrated by few Sahabi then becomes Mutawatir in next generation.

                So if you do any of these things, the contract will be void.

                But if you do something forbidden by Khabar Ahad, it will be Makruh Tahrimi, then the contract is haram, but valid.

                And Nikah Tahlil falls in this kinds, they will consider it as a sin but say the contract is still valid.

                Also if someones hires a woman to do some housework and puts the condition that she should do zina with him, then Ahnaf will say the condition is haram, but it is a Bay' Fasid, yet the income of the woman will be legal.

                2) As for the Mamatis, they have a Jami'ah in Peshawar and Mardan regions called Isha'at Tawhid wa SUnnah, founded by Tahir Panchpiri.

                They oppose grave worship, istishfa on graves, and other innovations. They declare the dead cannot hear.

                Also they consider the Prophet (saw) is not alive in his grave like this life.

                While the majority Hayati consider that the Prophet (saw) is alive like this life...

                Among main Mamati we also have Ghullamullah Khan who has a famous Tafsir in Arabic "Jawahir Ul Quran", Muhammad Husayn An-Neylwi who was student of Mufti Kifayatullah.

                Muhammad Husayn An-Neylwi has written his books "Nida e Haqq" in three volumes about the Prophet (saw) being dead, and he cannot hear like other dead, so Istishfa at his grave is forbidden.

                And Sarfraz Safdar Khan answered him in his "Taskeen As-Sudur" which tells the Prophet (saw) is alive and Itsishfa should be done.

                And these people kept answering each others in new editions of their books.

                And Zafar Thanvi, Yusuf Binnori, Mufti Muhammad Shafi father of Taqi Uthmani all introduced the book "Taskeen Sudur".

                Comment


                • #9
                  About Salary of the prostitute, there is difference also between Abu Hanifah and his two students

                  So we have in Bahr ur Raiq of ibn Nujaym: If he makes contract to make zina with her then he gives her income or what he made as conditions there is no problem in taking it, because in fasid contract it is pure for him ( income) even if the sabab is Haram

                  وفي المحيط ومهر البغي في الحديث هو أن يؤاجر أمته على الزنا وما أخذه من المهر فهو حرام عندهما ، وعند الإمام إن أخذه بغير عقد بأن زنى بأمته ، ثم أعطاها شيئا فهو حرام ؛ لأنه أخذه بغير حق وإن استأجرها ليزني بها ، ثم أعطاها مهرها أو ما شرط لها لا بأس بأخذه ؛ لأنه في إجارة فاسدة فيطيب له وإن كان السبب حراما .

                  http://feqh.al-islam.com/Display.asp...23%23%23%23%23

                  Comment


                  • #10
                    So Imam Zufar, the fourth Imam of the Ahnaf even said:

                    http://feqh.al-islam.com/Display.asp...77&Diacratic=1


                    ( والنكاح المؤقت باطل ) مثل أن يتزوج امرأة بشهادة شاهدين إلى عشرة أيام . وقال زفر رحمه الله : هو صحيح لازم لأن النكاح لا يبطل بالشروط الفاسدة . ولنا أنه أتى بمعنى المتعة والعبرة في العقود للمعاني ، ولا فرق بين ما إذا طالت مدة التأقيت أو قصرت لأن التأقيت هو المعين لجهة المتعة وقد وجد


                    He said that the Nikah Muaqat, which is to say for instance I marry you to ten days, then Zufar said: this is Sahih Lazim because Nikah is not made void with Fasid conditions. (Meaning if you marry a woman for ten days, then it is binding to keep her, and the condition will be false, yet the contract valid)

                    So this is according to Hanafis rules, that the contract is haram, yet valid...

                    While other Hanafis Imams say this comes in the meaning of Mut'ah

                    While the Mut'ah is forbidden by Ahnaf and void (Batil)...

                    قال ( ونكاح المتعة باطل ) وهو أن يقول لامرأة أتمتع بك كذا مدة بكذا من المال وقال مالك رحمه الله : هو جائز لأنه كان مباحا فيبقى إلى أن يظهر ناسخه . قلنا : ثبت النسخ بإجماع الصحابة رضي الله تعالى عنهم وابن عباس رضي الله عنهما صح رجوعه إلى قولهم فتقرر الإجماع .

                    And Sahib Al-Hidayah even attributed to Imam Malik that he considered Mut'ah halal, and this is not known from him.

                    Yet, we see Ahnaf separated between Ahadith, those Mashur and those Ahad, and these are rules based on Ray.

                    If the Ahadith of forbidance of Mut'ah were Ahad, then the ruling of Mut'ah would be like Halalah, meaning contract is OK like Zufar said, but it is a sin...

                    And sometimes when it suits their fiqh, they also consider some Ahad khabar to be Mashur, while they have same Isnad as those they consider Ahad...

                    While soma Ahnaf like Ash-Shami said it is not a matter of Ahad or Mutawatir and Mashur, rather it is whether the Mujtahid is convinced by a Khabar Ahad or not...

                    Comment


                    • #11
                      asaalamualykum ,
                      brother abu alqamah, and abu maryam,
                      i am assuming you guys from pakistan, do you brothers know if people can go to the salafi madaris in pakistan, or is there still a ban of foriegn students?
                      Do you brothers know if the IIU in Islamabad is good university to study islam or not?
                      jazakallahkhair

                      Comment


                      • #12
                        Salam aleykum

                        If you are pakistani, there is nothing preventing you to join any madrasah, and you need no clearance.

                        If you are not pakistani then studying in India is safer for you.

                        Else the international university is a recognised university, else you have Salafi teachers and Ash'ari Sufi as well, and in recent years they promote modernism and new interpretations of Islam, and this is why they sacked Shaykh Dr Fadl Ilahi.

                        Else I think their level is good, their students do phd in Saudia, and some even in wales after...

                        Comment


                        • #13
                          asaalauamaykum wa rahammtulahi wa barkatu
                          jazakallahkhair akhe abu alqamah, i v seen your posts on other websites exposing the deobandies, keep up the good work

                          i had a question regarding the deobandies, in my local communtiy, at the main mosque, the imam is a deobandi (studied in south africa), anywas, i was listening (audio lecture) to shayikh, hafidh zubair alee zai ( may allah extend his years) , and he was saying that its not permisable to pray behind them. Also i read the treatise by his shaykh, imam badee that he explained we cant pray behind them because of their incorrect aqedah.

                          I asked a student of knowelde( who has has ijazh from sh. safiur rahman mubaarkpuri in the 6 books), and he brought the fatwa of ibn taymiah saying that its permissble to pray behind the ashari, and since the deobandies are close to the ashari, the brother said its permisble to pray behind them. As a side note the brother told he feels , that many of the modern ahlul hadeeth ulama have gotten really harsh on this issue, allahualim
                          Also the local salafi masjid is like 30 35 40 minutes from my house , thus difficult to pray there, even for jummah.

                          So what is recommened pray behind them or not?
                          Also what is the differnce between mamati and hayati deobandies, whos closer to the sunnah?
                          We need more book in english exposing the deobandies, many muslims are unaware of them or their beliefs.
                          jazkallahkhair
                          abrar

                          Comment


                          • #14
                            Salam aleykum

                            Some scholars allow praying behind Deobandiyah saying not all little Imam might know about this creed of Wahdatul Wujud and others...

                            And not every of their Imams read all of their crazy books like Arwah Thalathah, Imdad ul Mushtaq, Malfuzat, and some like Amir Uthmani and Mahir Qadri, when knowing this rejected these sayings of their scholars.

                            So this latter should be looked into, meaning if soemone asked for instance fifty or hundreds of their little Imams, so we could have an idea if this creed is kept for their elders or is even spread in their little Imams;

                            Else, as long as it is not proven they believe in Wahdtul Wujud, believe Awliyah to rule the world, then you can pray behind them.

                            Allah knows best

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