fatwa’s for america: legal verdicts for american s for america: legal verdicts for american...

Fatwa’s for America: Legal Verdicts for American Muslims

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Fatwa’s for America:

Legal Verdicts for American Muslims

Fatwa’s transcribed by:

Darul-Ifta, Darul-Uloom Deoband, India Darul-Ifta, Darul-Uloom Shahi Muradabad, India

Published by:

Fiqh Center (أهل السنة والجماعة ) www.fiqhcenter.org California, USA Languages: English, Arabic, Urdu Publication date: July, 2014 Pages: 200 Printed in India

Contact Information: Email : [email protected] Phone: (408) 890-6731 Coordination by:

Idara-e-Anwarul-Madaris , Hyderabad, India http://www.anwarulmadaris.com/about_us.php

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Copyright owner.

http://www.fiqhcenter.org/

mailto:[email protected]

http://www.anwarulmadaris.com/about_us.php


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Table of Contents Foreword by Mufti Saeed Ahmad Palanpuri ....................................... 9

Foreword by Moulana Mohammed Shareef Ahmad Mazaheri Qasmi

........................................................................................................ 12

Preface by the Publisher .................................................................. 15

I. Hadith Terminologies: .............................................................. 18

II. Terminologies in Hadith Literature : ........................................ 23

III. Fiqh Terminologies : ............................................................. 26

IV. Timeline of Hanafi Fuqaha .................................................... 29

V. Maslak (Way/Ideology) of the Ulama of Deoband .................... 37

VI. Who is the Original Ahle-Sunnah-Wal-Jamah? ...................... 38

VII. The Disposition of The Maslak of The Ulama of Deoband ..... 40

VIII. Fatwa’s transcribed by Dar-ul-Ifta,

Darul-uloom Deoband ..................................................................... 47

1. Due to space limitations some masjids schedule two or more

Juma prayers ............................................................................... 48

2. Some masjids schedule Khutba and Juma prayer before the

occurring of Solar noon. Masjid committee’s reason for doing is

due to space limitations and those who pray suggest financial

hardships, if they take time off on a working day to pray Juma. Is it

valid to perform Juma prayer before occurring of Solar noon ? Is

the prayer correct and juma obligation completed? ..................... 48

3. In relation to question # 2, if solar noon occurs when Khutba

or Juma prayer is in progress. What is the Shariah ruling on it? .... 49


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4. Some Imam’s perform multiple Khutba and/or Juma prayers

at different places. ....................................................................... 50

5. Please provide ruling for #4 in relation to Khutba and Salah of

Eid? 51

6. In some masjids Khutba and Salah is performed by two

different persons. How valid is this practice? ............................... 51

7. Please provide ruling for #6 in relation to Khutba and Salah of

Eid? 52

8. Is it necessary to have two Khutba for Eid prayers, or only one

is sufficient. What is the required duration of Khutba. ................. 52

9. When there is slightest of rain, some imams combine two

prayers Dhuhr / Asr and Maghrib / Isha. What is the validity of

consecutively praying, ................................................................. 54

10. When Fard of Salatul-Fajr has already started in Masjid, can

we perform Sunnah ..................................................................... 57

11. Some Imam’s during Dhuhur/Asr/Maghrib/Isha prayers

recite Qunoot-Nazilah .................................................................. 60

12. During the month of Ramadan, some Imam’s pray only one

Rakat of Salatul-Witr .................................................................... 62

13. During the month of Ramadan, for Salat-ut-Taraweeh,

some Imams read certain portion of Quran in Isha, Fajr and

Tahajjud prayers and complete in the above method. .................. 63

14. During the month of Ramadan, can we offer Salah-Tahajjud

in congregation? .......................................................................... 64

15. Can we offer Qiyamul-layl in congregation, outside the

month of Ramadan? .................................................................... 66


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IX. Fatwa’s transcribed by Dar-ul-Ifta,

Darul-uloom Shahi, Muradabad. ...................................................... 69

1. Many masajids in America, conduct two or more Jumaa

prayers (Khutba and Salat). Is this correct? .................................. 70

2. In many Masjids in America, Juma prayers (Khutba and Salat)

are offered before Noon .............................................................. 71

3. If during Juma Khutba and/or Salatul-Juma, Noon occurs

during its course, is this correct? .................................................. 72

4. Some Khateebs are performing Salatul-Jumaa at multiple

locations, is the prayer valid for those people who are praying

behind this Imam at the second place? ........................................ 73

5. Khutba and Prayers for Juma are performed by two persons.

73

6. For the Eid Prayers can Khutba and Salah be lead by two

different persons?....................................................................... 74

7. In some Masjids, Imams after completing 20 rakas of Salat-ut-

Taraweeh, pray only one rakat of Salatul-Witr. What is the correct

opinion on this issue? .................................................................. 75

8. In some Masjids of America, some Imams, when there is slight

rain, combine two salats (Jama-bain-Salaa`tain). Can this be done?

76

9. What is the ruling on the Sunnah of Salatul-Fajr, after the

starting of 'Fard of Fajr................................................................. 77

10. Some Imams during Dhuhr, Asr, Maghrib and Isha prayers

i.e. in the last rakat after the ruku, with a loud voice recite ‘Qunoot

Nazilah’........................................................................................ 79


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11. In some masjids, for Salah-ut-Taraweeh, Quran Khatm is

completed in portions, i.e. some portions of Quran are read in Isha,

Fajr and Tahajjud prayers ............................................................. 80

12. During Ramadan, can we offer Tahajjud and Salatul-

Tasbeeh as a congregational prayer. ............................................ 81

13. During some months (other than Ramdan), some pray

certain Rakats in congregation, terming it as Qiyamul-Layl. Is it

valid 84

14. Whether is it necessary to give two Khutba’s for Salatul-Eid

85

15. What is the correct method to determine Salah timings for

Isha and Fajr prayers .................................................................... 86

X. TRUE COPIES OF THE FATWA’S Darul-uloom Deoband ............ 87

XI. TRUE COPIES OF THE FATWA’S Darul-uloom Shahi Murdabad .... 87

XII. Fatwa's Arabic Translation 89


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Foreword by Mufti Saeed Ahmad Palanpuri

Shaikh-ul-Hadith, Chief-of-Staff, Darul-uloom Deoband.

مسب اہلل ارلنمح ارلمیح

:أما بعد , وسالم على عباده الذين اصطفى, الحمد هلل و كفى

The foundations of Deen is based on three principal sources, The Book of Allah,

Sunnah of Rasool-Allah and Ijma of Ummah. Reasoning (Qiyas) is not different

from above three. Those people who believe in these foundational sources are

from Ahle-Haq and are included in ‘Ahlus-Sunnah-wal-Jamah’. Anyone who

denies even one of its sources is excluded from Ahlus-sunnah-wal-Jamah. For

example, Ahle-Quran, this group of people accept only Quran as their source of

proof and does not accept Hadith as a second source of proof. Another

example of this is, Ghair-Muqallad, these are the ones who accept Quran and

Hadith as sources of proofs and do not distinguish between Hadith and Sunnah,

and neither do they accept Ijma of Ummah and Reasoning.

Ahle-Quran and Ghair-Muqallad are out of the fold of Ahlus-Sunnah-wal-

Jamah, as their difference with Ahlus-Sunnah-wal-Jamah is based on principle

of what constitutes the sources of Deen and not merely based on difference of

opinions on certain Fiqhi issues. Initially Ghair-Muqallad were known as

‘Ashab-e-Zawahir’ (Literal followers) and were only few in terms of numbers.

When some of the students of Hazrath Muhammad Ishaq Dehlwi started on a

deviant track and called themselves “Ahle-Hadith”, they also requested the

then, British rulers of India to formally allocate the above name to their group.

Musnad-e-Hind, Hazrath Shah Waliullah Dehlwi , in Hujjat-ullahi-Baligah, in its

first volume, termed Ashab-e-Hadith and Ahle-Hadith as two entirely different

groups. He described 25 names of Ashab-e-Hadith, and Ahle-Hadith as a

particular group, which is called Ashab-e-Zawahir and these are the people who


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Foreword by Moulana Mohammed Shareef Ahmad Mazaheri Qasmi


Allah هلالج لج in His infinite mercy, wisdom and knowledge has chosen two

methods or approaches to guide humanity closer to Him. The sacred books and

The chosen Messengers, peace and salutations to all of them. These methods

are complimentary to each other and were culminated with the revelation of

'The Quran' and with the advent of Muhammad ملسو هيلع هللا ىلص. On the occasion of Hajj-

ul-Wida during 10th Hijri, Allah هلالج لج revealed one of the important ayahs, ﴿

ـم دين ا سلل ليوم ٱكلت لك دينك وٱتممت عليك نعمت ورضيت لك ٱ

﴾ ٱ , ”This day have I perfected

your religion for you and completed My favor unto you, and have chosen for

you as religion AL-ISLAM.” Message which is perfect, can only be taught and

delivered and by one who is perfect and completeness can only be reached if

the Messenger is final. Allah هلالج لج revealed in Surah Al-Ahzaab the stature and

finality of Rasool-Allah ملسو هيلع هللا ىلص

ـن ﴾ لنبي وخات ٱ لل

ـكن رسول ٱ جالك ول ن ر د ٱب ٱحد م ا كن محم Muhammad is not the" ﴿ م

father of any man among you, but he is the messenger of Allah and the Seal of

the Prophets". The logical question is, how one remains to be guided when

there are no further messengers to come? Rasool-Allah ملسو هيلع هللا ىلص reminded that,

in order to be guided then, you would need to hold on the Quran and his

Sunnah.

كتاب هللا وس نة رسوهل: تركت فيك ٱ مرين لن تضلوا ما متسكمت هبام ﴾ ﴿

Honored are those people who witnessed Rasool-Allah ملسو هيلع هللا ىلص and carried

forward the message paying attention to minute of details, which remains

unparallel in the history. The act of seeking pleasure of Allah هلالج لج was perfected

by Sahabha , the best of generations with whom, "Allah هلالج لج is well pleased


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Preface by the Publisher


Demographic study carried out by the Pew Research 1 in the year 2010,

provides interesting numbers,

“Muslims number about 1.6 billion, representing 23% of all people worldwide.

There are two major branches of Islam – Sunni and Shia. The overwhelming

majority (87-90%) of Muslims are Sunnis and about 10-13% are Shia Muslims.”

Indonesia holds the largest share of Muslim population (13%, 209 million) and

Indian subcontinent is home to (30%, 476 million) of Muslims, which breaks

down as follows:

India: 11% of global Muslim population and on a number scale of 176 million.

Pakistan: 10.5% of global Muslim population and on a number scale of 167 million.

Bangladesh: 8.4% of global Muslim population and on a number scale of 133 million.

Of these 476 million, overwhelming majority 90% follow Hanafi school of

thought, which is around 429 million. In order to serve this size of Muslim

population, the Indian subcontinent has many Islamic seminaries and which run

solely on the basis of public contributions.

In the history of United States, the first significant group of Muslims who

entered in the US, consisted of slaves from West Africa, many of whom

converted to Christianity and few Muslims remained in United States by the

end of Civil War. The Muslim population grew between 1875 and World War II,

when tens of thousands of Muslims, mostly Arabs, migrated to the United

States in search of economic fortune. In 1965, a new immigration law resulted

1 http://www.pewforum.org/2012/12/18/global-religious-landscape-muslim/

http://www.pewforum.org/2012/12/18/global-religious-landscape-muslim/

http://www.pewforum.org/2012/12/18/global-religious-landscape-muslim/


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I. Hadith Terminologies: 2

Hadith: Hadith is a following collection of things,

Statements which Rasool-Allah ملسو هيلع هللا ىلص made (قول)

Actions which Rasool-Allah ملسو هيلع هللا ىلص did (فعل)

Some things done or told in his presence and wasn't negated by

Rasool-Allah (تقرير) ملسو هيلع هللا ىلص

Sanad : Chain of narrators Matan : Actual text of Hadith

Best generations or Khair-ul-Quroon:

Sahabi : Who had the honor to meeting Rasool-Allah ملسو هيلع هللا ىلص in the state Iman,

and subsequently passed away in the state of Iman.

Taba'ee : Who had the honor of meeting Sahabi in the state of Iman and

subsequently passed away in the state of Iman. Mukh`dari-meen : Those who have witnessed both pre-Islamic and Islamic

eras, but didn’t have the honor of meeting Rasool-Allah ملسو هيلع هللا ىلص , but they

accounted in high stature of a Taba`ee.

Tab'a Taba'ee: Who had the honor of meeting Taba'ee in the state of Iman

and subsequently passed away in the state of Iman.

2 Tafheem-ul-Muslim, explication of Muslim Shareef, Allama Shabbir Ahmed Usmani, Deoband.


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II. Terminologies in Hadith Literature 3: Similar to method of classifiying Hadith, its literature is compiled the as:

1. Sahih : Books in which authors have documented only those Hadiths,

which are Sahih, Mar`foo, Mutta`sil, degree of successful compliation

would vary. It is consentual that Imam Bhukari and Imam Muslim were

100% successful in their effort. Ibn Khu`zaimah, Ibn Hibban, Hakim and

were not as successful, however in their books Sahih along non-Sahih are

found.

2. Ja`Mae : Books in which authors have collected Hadith on eight topics

which are, Siyar (Life accounts of Rasool-Allah ملسو هيلع هللا ىلص, his family and

companions), Ethics, Tafseer, Aqaid, Fitan-Ashrat (Strife & Tribulations),

Jurisprudence, Virtues of Noble Family and Companions.

نتف، ارشاط و ااکحم و انمبق* ریس، اداب، و ریسفتو اقعدئ

Sahih Bhukari and Sunan Tirmizi are Ja`Mae, however Sahih Muslim isn't as

Tasfeer is minimally covered in it.

3. Sunan : Books in which authors have collected Hadiths and arranged in

the order of significane to Fiqh. The authors have proved Ijtehad made by

Fuqaha. List of Sunan includes, Sunan Tirmizi, Sunan Abi Dawood, Sunan

Nasa`i, Sunan Ibn Majah, Sunan Dari`mi, Sunan Dar`Qutni.

4. Musnad : Books in which Hadith are indexed on the names of Sahabah,

meaning all the narration of one Sahabi are grouped together irrespective

of Hadith chapter, which it would belong to. Musnad Ahmed bin Hanbal

and Musnad Humaidi.

5. Mo`jam : Books in which Muhadith have collected all the narrations from

their Shuookh and teachers, meaning all the narrations of a shakyh is

grouped together. Imam Tabrani's Mo`jaim Kabir, `Ausat, Saghir.

3 Tohfa-tul La`maee Sharah Sunan Tirmizi, Mufti Saeed Ahmed Palanpuri, Deoband


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III. Fiqh Terminologies : Fuqaha has defined these terminologies to establish Shariah rulings.

1. Fard : Ruling established by Daleel Qat’ie and the sources of Daleel

Qat’ee are three:

a. Ayats of Al-Quran whose meanings are unequivocal.

b. Hadith which has reached status of Mutawatir.

c. Ijma of Believers (eg: Praying of five times).

Fard is of two types:

1.1 Fard A’in : Responsibilities which needs to be carried out

every Muslim, such as Praying of salat, fasting, knowledge

about correct A’qaid, knowledge about praying and others.

1.2 Fard Kifayah : Responsibilities which needs to be carried out

by some Muslims and rest as absolved from doing it, such as

Salat-Janazaa, learning of higher Islamic sciences.

2. Wajib : Rulings established by contemplative speculation termed

Daleel Zan’ne, and using sources as:

a. Ayats of Quran whose meanings are contextually and/or

linguistically based, it opens a possibility of alternate

meaning.

b. Hadith which hasn’t reached the status of Mutawatir.

c. Usage of Reasoning (Qiyas) by Mujtahids.

Wajib is of two types:

2.1 Wajib A’in : Responsibilities which needs to be carried out

every Muslim, such as pray salat-witr, salat-Eid.


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IV. Timeline of Hanafi Fuqaha 4:

Imam Abu Hanfia Noman bin

Thabit Tai`mi and students

include:

Masanèd Imam-e-Azam, Al-Fiqh Kabeer.

80 – 150 Hijri

1. Imam Abu Yusuf Yaqub bin

Ibrahim

Mujtahid: Kitab-ul-Khrooj, Kitab-ul-Asàr

113 – 182 H

2. Imam Muhammad bin

Hassan

Mujtahid: Kutub Zahir, Muwatta Imam

Muhammed

132 – 189 H

3. Imam Zafar : Imam Abu

Hazel Zafar bin Hazel

Mujtahid 110 – 158 H

4. Imam Hasan bin Ziyad lu-

luìee

Mujtahid Passed away 204 H

5. Hz. Abdullah bin Mubarak Mujtahid, Muhadith : Kitab Zuhud-wa-Riqaaq

118 – 181 H

Second century Fuqaha are the, Students of Students of Imam Abu Hanifa

6. Abu Hafs Kabir: Allama

Ahmed bin Hafs

Student and narrator of Imam

Mohammed

Unkown

7. Juz Jani : Imam Abu Sulaiman

Musa

Student and strong narrator of Imam

Mohammed

Passed away 200 H

8. Ibn Samaà : Abu Abdullah

Muhammed bin Samaà

Student of Imam Yousuf &

Mohammed. Teacher of Ahmed bin Abi Umar, who

130 – 233 H

4 Muhadith and Fuqaha : Mufti Saeed Ahmed Palanpuri, Deoband


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V. Maslak (Way/Ideology) of the Ulama of Deoband 5:

[The following excerpts from The Maslak of Ulama of Deoband by

Hadhrat Maulana Qari Muhammad Tayyib Qasmi , translated by Mufti

Afzal Hoosen Elias, Zam Zam Publishers.] The Maslak of the Ulama of Deoband is with regard to Deeni direction and methodology, an embodiment of the Ahle Sunnat Wal Jamaat. It is also an integral and original part of the Ahle Sunnat (wherefrom gradually many sects are being slowly separated). This trend was begun in India and gained its force and momentum by Hadhrat Imaam Shah Waliullaah Dehlwi (rahmatullahi alaih). The Ulama of Deoband are the interpreters and link in the chain for the Ahle Sunnat Wal Jamaat in India. Through the means of Ta`leem (education) and Tarbiat (nurturing), they had spread this message and way across the east and west. The Ulama of Deoband had remained steadfast upon the principles of the Ahle Sunnat Wal Jamaat from the beginning to the end. In fact, they had preserved this through the generations. Actually, they are not any different from the Ahle Sunnat, in fact, their lineage and chain reaches in the same direction. Hence, insofar as their methods and ideologies are concerned, they are not any new sect, nor are they a sect which has been initiated afterwards. In reality, they (Ulama of Deoband) are (from) the actual Ahle Sunnat which has come down and transmitted from before. The time factor and excesses (Ifraat Tafreet) had given rise to many sects within the Ahle Sunnat Wal Jamaat. Not only has every new sect had laid claim to being the original, they had in fact, drawn parallels to the original group and condemned the original to falsehood and labeled themselves as the original. They had spared no effort in this direction.

5 The Maslak of Ulama of Deoband by Hadhrat Maulana Qari Muhammad Tayyib Qasmi


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In Shar`i terms, the summary of this concise and moderate Maslak is as follows: The Deen of the Ulama of Deoband is Islaam, it is the sect of Ahle Sunnat Wal Jamaat, their Math-hab is Hanafi, spiritually they are Sufis, their belief (Kalaam) is Maaturidi, their path of Sulook is Chisti, in fact a combination of all the paths, their Fikr (intellectual inclination) is Waliullahi, their Usool is Qaasmi, their corollary (Furoo`) is Rashidi, and their connection is Deobandi.

[Book: The Maslak Ulama of Deoband] [Excerpts end here]

http://www.darululoom-deoband.com/urdu/books/tmp/1394535572%20The%20Maslak%20of%20Ulama%20of%20Deoband.pdf


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VIII. Fatwa’s transcribed by

Dar-ul-Ifta,

Darul-uloom Deoband


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IX. Fatwa’s transcribed by

Dar-ul-Ifta,

Darul-uloom Shahi, Muradabad.


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X. TRUE COPIES OF THE FATWA’S

Darul-uloom Deoband

XI. TRUE COPIES OF THE FATWA’S

Darul-uloom Shahi Murdabad

Refer Urdu section of the Book.


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XII. Fatwa's Arabic Translation Mohammed Imran Azami Oomre 8

Arabic translation is made possible by Mohammed Imran

Azami Oomre, he is a well known editor of Daira-tul-Maarif,

Hyderabad India. One of the magnum opus of Imran Azami is

on Al-Gharibayn by Al-Harawi. This book is compiled by the

famous Philologist Abu Obaid Al-Harwi and elucidates, in explicit

words, those abstruse and otensibly incomprehensible words

which occasionally appear in the Holy ‘Qur’an’ and ‘Hadith’

collections. Imran Azami who worked on it and revised the text,

removed the ambiguities, with the help of original references.

This book runs in six volumes.

Refer Arabic section of the Book

8 http://www.dairatulmaarif.org/publications.asp

http://www.dairatulmaarif.org/publications.asp

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