بسم الله الرحمن الرحيم
THE APPLICATION OF REVELATION
<<< HOW TO APPLY
ALLAH'S REVELATION >>>
23 RAJAB 1434 / JUNE 2nd 2013
We are going to include one more hadith
on the issue of IJTIHAD.
IJTIHAD means independent
judgement.
Some companions of Mu'adh ibn Jabal said: 'When the Apostle of Allah ( ﷺ ) intended to send Mu'adh ibn Jabal to the Yemen, he asked: "How will you judge when the occasion of deciding a case arises?" He replied: 'I shall judge in accordance with Allah's Book.' He asked: "(What will you do) if you do not find any guidance in Allah's Book?" He replied: '(I shall act) in accordance with the Sunnah of the Messenger of Allah ( ﷺ ).' He asked: "(What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah and in Allah's Book?" He replied: 'I shall do my best to form an opinion and I shall spare no effort.' The Messenger of Allah ( ﷺ ) then patted him on the chest and said: "Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah."' [Sunan Abu Dawood (3/303) No. 3592, Sunan Tirmidhi (3/608) No. 1327, Musnad Ahmad (5/230) No. 22060]
This takes place when we cannot find a direct answer in Quran and Sunnah, the Qadi uses his independent judgement to arrive at a conclusion.
The Messenger (ﷺ) was pleased with the answer of Mu'adh Ibn Jabal, on whose account the Scholars agree to the acceptance of IJTIHAD.
However, it is HARAM to use
IJTIHAD if the TEXT is CLEAR.
We use IJTIHAD as the last
option out of sincerity to the QURAN and SUNNAH.
Note: A Madhkhali will say to
you that Shaikh Bin Baaz used IJTIHAD when he allowed the Kuffar in to Muslim
lands.
Say to him, you cannot use
IJTIHAD when the text is clear.
They think you are ignorant and they
want to con you in regards to your DEEN.
Only if you cannot find an answer in the TEXT, do you resort to using your AQL.
THE SIXTH SOURCE OF APPLICATION OF REVELATION
SOURCE # 6 = MASAALIH / MURSALA
Maslaha means to legislate or pass a
verdict of public interest in order to benefit the public.
Maslaha is also termed as Masaalih/Mursala
in some books of FIQH.
For Ex. - To establish a
police force and prisons for the sake of keeping the peace.
For Ex. - To allow different
forms of currency to facilitate transfer of goods and ease of business
transactions.
For Ex. - To impose tax on those who
trade in the Islamic State.
For Ex. - To tax those who
come for hajj.
The Saudi regime started charging
tax for HAJJ due to the infrastructure and water they provide the pilgrim.
THE CONDITIONS FOR THE MASLAHA TO BE VALID
The Saudi Regime said that
because the infrastructure is good, they charge tax for hajjis.
FIRST CONDITION:
CONDITION # 1 - The Maslaha should be used to bring
good to the community and not harm to the community
This is because the whole purpose of the
Shariah is to bring goodness to the community.
You can't use maslaha to fulfil corrupt
and evil desires.
CONDITION # 2: You can't use maslaha to fulfil corrupt
and evil desires.
So that people can do Haram
and give the excuse of Maslaha.
People cannot use the
argument of maslaha for haram.
CONDITION # 3 - The Maslaha should be genuine and not
imaginary
You cannot pass a fatwa on
imaginary scenarios.
The situation has to be real and
genuine.
Allah (سُبْحَانَهُ وَتَعَالَىٰ)
said in the Qur’an
CONDITION # 4 - The Maslaha should uphold the
principles of the SHARIAH
It has to coincide with the Shariah;
it cannot contradict Quran and Sunnah.
Or have they partners with Allah (false gods), who have
instituted for them a religion which Allah has not allowed. And had it not been
for a decisive Word (gone forth already), the matter would have been judged
between them. And verily, for the Zalimun (polytheists and wrongdoers), there
is a painful torment. (Ash-Shura 42:21)
The Scholars say that the
Maslaha that is legislated cannot contradict the DEEN; it has to be in
conformity with the DEEN.
CONDITION # 5: The Maslaha should be “kulliyyah” (it
has to benefit all the Muslims)
The word KULLIYAH means that it has to
benefit all the Muslims and not just the elite with the exclusion of the poor.
CONDITION # 6: The Maslaha has to be legislated by a
panel of Islamic Scholars who are qualified, not by the ignoramus.
To legislate the maslaha; it is a matter
of ijtihad.
Allah (سُبْحَانَهُ وَتَعَالَىٰ) Said: And We sent not (as Our messengers) before thee other than men
whom We inspired - Ask the followers of the Remembrance if ye know not! -
[16:43] [Picthall]
You should ask those who
know.
Do not go to the ignorant
just because you feel comfortable with the ignorant. You must go to the scholars
who know.
A lot of people go to a jaahil for
fatawah, but if they want to have surgery they go to the best doctor.
Don't take your DEEN for granted to your
own detriment.
'The Ahlul Dhikr' are the
people of knowledge.
And before thee, also the messengers We sent were but
men, to whom We granted inspiration: if ye realise this not, ask of those who
possess the Message. [16:43] [Yusuf Ali]
If a man wants to get
fillings on his teeth, he wouldn't go to a shoe-maker; he would go to a
dentist.
The ignorant Muslims go to
the ignoramus; it is a trend of today.
Only a KAFIR takes his Deen from the
KAFIR.
One of the seven conditions of the
shahadah is Yaqeen (certainty).
'Abdur Rahman bin 'Abdul Qari said, "I went out in the
company of 'Umar bin Al-Khattab one night in Ramadan to the mosque and found
the people praying in different groups. A man praying alone or a man praying
with a little group behind him. So, 'Umar said, 'In my opinion I would better
collect these (people) under the leadership of one Qari (Reciter) (i.e. let
them pray in congregation!)'. So, he made up his mind to congregate them behind
Ubai bin Ka'b. Then on another night I went again in his company and the people
were praying behind their reciter. On that, 'Umar remarked, 'What an excellent
Bid'a (i.e. innovation in religion) this is; but the prayer which they do not
perform, but sleep at its time is better than the one they are offering.' He
meant the prayer in the last part of the night. (In those days) people used to
pray in the early part of the night." [Sahih Bukhari (3/45) No. 2010]
Ibn Taymiyyah said (when refuting the view of those
who quoted ‘Umar’s words “What a good innovation this is” as meaning that
innovation (bid’ah) is permissible): "With regard to qiyaam in Ramadan,
the Messenger of Allah (ﷺ) introduced this to his ummah, and he led them in prayer for
a number of nights, because at his time they used to pray in congregation and
individually. But he did not persist in leading them in one congregation, lest
that be made obligatory for them. When the Prophet (ﷺ) died, shariah was established (and would not change after
that). When ‘Umar (RA) became caliph, he united them behind one imam, Ubayy ibn
Ka’b, who united the people in one congregation on the orders of ‘Umar ibn
al-Khattab (RA). ‘Umar (RA) was one of the Rightly-Guided Caliphs, of whom the
Prophet (ﷺ) said: “I urge you to adhere to my Sunnah and the way of the
Rightly-Guided Caliphs after me; cling tightly to it.” So what he did was
Sunnah but he said, “What a good innovation this is,” because it was an
innovation in the linguistic sense, as they were doing something that they had
not done during the life of the Messenger of Allah (ﷺ), i.e., gathering to do this, but it is Sunnah in the shar’i
sense.” [Majmoo’ al-Fataawa (22/234-235)]
لمحدثات من الأمور ضربان: أحدهما ما أحدث مما يخالف
كتابا أو سنة أو أثرا أو إجماعا، فهذه البدعة الضلالة، والثانية: ما أحدث من الخير
لا خلاف فيه لواحد من هذا، وهذه محدثة غير مذمومة
Al-Bayhaqi relates in Manaqib al-Shafi'i (1/469) with his isnad
that Imam al-Shafi'i said: The newly-invented matters are of two types: The
first of them is that which has been introduced from that which opposes
[something from] the book, or [something from] the sunnah, or a narration, or
[a matter of] consensus. This is the misguided innovation. And the second is
that which has been introduced of goodness and there is no opposition to anyone
of these things [qur'an, sunnah, athar, ijmaa']. This is the newly-invented
matter which is not blameworthy. [Marifat al-Sunan wa al-Athar (4/408) No. 6634
and al-Madkhal ila al-Sunan al-Kubra (1/206) No. 253]
Ex. Umar (RA) went to the
masjid, he heard people reciting salatul taraweeh.
They were arguing about whether to pray
12 or 8 rakat.
There was chaos in the masjid, people
were praying different numbers of rakah.
Umar (RA) organized the Taraweeh under
one Imam and made it 20 rakat.
This is one of the greatest achievements
of Umar (RA) during his Caliphate.
The people said it was bidaah.
However, what Umar (RA) did
was MASLAHA and not bidaah.
One man said it was biddah: Umar (RA)
replied that it was a wonderful bidaah.
The Shia do not pray taraweeh
in their temples.
They preach KUFR, SHIRK &
ZANDAQA.
We do not call the shia place of worship
a masjid, it is a temple.
We have million of hafith all
over the world because they are preparing themselves every RAMADAN to lead the
people in TARAWEEH.
When Uthman (RA) compiled the
Quran in one dialect, what he did was maslaha.
This uprooted Fitna in the Muslim world
in regards to the Quran.
When 70 hafith died at the
battle of Yamaama, Umar (RA) approached Abu Bakr (RA) to compile the Quran in
book form.
Abu Bakr (RA) finally agreed, this is
another example of Maslaha.
The Maslaha that is legislated should be
for the benefit of our six sacred things.
We have six sacred things: Whenever the
maslaha is legislated it should be for one of the six sacred things.
THE SIX SACRED THINGS ARE ::: LIFE, WEALTH, HONOUR, INTELLECT,
LINEAGE and YOUR DEEN
Ex. If you should buy a church in London
and then you convert it into a masjid.
Ex. If you buy a cinema and you build a
minaret on top of the cinema for people to realise that it is a masjid.
This is an example of maslaha, this
Minaret that you built on top of the cinema comes under the category of
Maslaha, because it benefits the Muslims.
Ex. Traffic lights:
The traffic light has become part and
parcel of the Islamic Sharia
The traffic light is a part
of the Shariah: Because it is used to preserve lives.
You cannot say it is bidaa.
You are not allowed to say
you will not stop at the traffic lights.
It helps to preserve one of
the six sacred things i.e. life
In the Islamic State if you jump the
traffic light, you can be arrested.
The recompense of those who wage war against Allāh and
His Messenger and do mischief in the land is only that they shall be killed or
crucified or their hands and their feet be cut off on the opposite sides, or be
exiled from the land. That is their disgrace in this world, and a great torment
is theirs in the Hereafter. (Al-Ma'idah 5:33)
Ex. To chop off the heads of
those who smuggle drugs into the Islamic State.
When a panel of Ulema pass legislation
for the benefit of the public, they need to take into consideration the SIX
SACRED things to use MASLAHA.
The scholars use 5:33 as
their hujjah.
When you have drugs in the Islamic State
you are going to have murder, prostitution and other illness.
It is only for A Class drugs;
heroin, crack, cocaine, opium.
Not cannabis, it is a C class
drug.
To chop off the head of those
who smuggle drugs is maslaha.
Or to kill a prostitute, she
will spread STDs into society.
She falls into the category
of those who spread FASAD in the land
Ex. To kill an armed robber,
it is maslaha.
When Ali (RA) killed the khawaarij at
the battle of Nahruwaan.
He did it for the sake of
Maslaha because the Khawaarij were killing the Muslims and leaving alone the
Kuffar.
And they had a dodgy ideology
and they were corrupting the ummah.
'Abdur-Rahmaan Ibn
Muhammad Ibn Habeeb Ibn Abee Habeeb on the authority of his father, on the
authority of his grandfather [who] said: I witnessed Khaalid Ibn 'Abdullah
Al-Qasree - and he addressed them at Waasit - "Oh People, make sacrifice,
may Allah accept it from you. Verily I am sacrificing Al-Ja'd Ibn Dirham, for
indeed he claims that Allah did not take Ibrahim as a khaleel (close friend),
and [that] He did not speak to Moosa. Most Perfect is He and exalted is He from
what Al-Ja'd says." Then he descended and slaughtered him. I say: And the
Jahmiyyah and Mu'tazilah speak with this, and they distort the text of the
revelation regarding that, and they claim that the Lord is purified of that
(i.e. having spoken to Moses and taken Ibrahim as a khalil). [Mukhtasar
al-Uluww of adh-Dhahabi, (p.134)]
Khaalid Ibn Abdullah Al Qasree (RA):
Killed a man who said that Allah did not take Abraham as his friend, and Allah
did not speak to Musa.
This was his Maslaha. He would have been
held accountable on the Day of Judgement if he allowed the person to spread his
false ideology.
We ahlul sunnah wa jamaah, are
texualists and not rationalists who go along with the AQL.
You follow the text, you are a
textualist; but the jahmiyyah use the aql, they are rationalists.
Even the stones of MAKKAH
used to give SALAAMS to the Prophet (Saws) and the stones have no tongue.
You see how easy it is to refute them?
How can you say Allah cannot speak.
To kill the zanaadiqa is maslaha because
they are corrupting the people.
ZINDEEQ = Singular, ZANAADIQA = plural
They are fitnah for the people, the
jaahil Muslims will follow them.
To exterminate them is called
Maslaha, in order to protect the DEEN of the Muslims.
WHAT IS THE SEVENTH SOURCE FOR THE APPLICATION OF
REVELATION
SOURCE # 7 = ISTISHAAB = To presume that a scenario is
continuous unless we have evidence to prove otherwise.
The presumption that the
state of affair, which is known to exist, will continue to exist (until we have
hard evidence to prove otherwise).
It can also be defined as the
legal presumption of a state of affair that is known to exist, continues to
exist until we have evidence to prove it has ceased to exist.
[Legal presumption]
A crucial aspect of the Shariah which is
used in the courthouse every day.
For ex. You are absolutely sure you made
Wudu but are doubtful about breaking it, therefore according to Istishaab, you
are still in a state of WUDU.
Ex. The water is pure: You
have no evidence that any najis was dropped in the water, the water is still
pure.
So where did the Ulema get this ruling
of Istishaab from? They got it form the Prophet (ﷺ) himself.
Ex. Every man is innocent
until proven guilty.
HADITH:
The burden to provide the
evidence is on the claimant.
On the authority of Ibn Abbas (RA), that the Messenger of Allah (ﷺ) said: Were people to be given everything that they claimed,
men would [unjustly] claim the wealth and lives of [other] people. But, the
onus of proof is upon the claimant, and the taking of an oath is upon him who
denies. A hasan hadith narrated by al-Baihaqee and others in this form, and
part of it is in the two Saheehs.
This is another example of
Istishaab. Since the burden to provide the evidence is on the man who is
lodging the claim.
For Ex. A woman's husband
left home to go for Jihad, and does not return for a period of 6 months.
She then goes to the
courthouse and applies for permission to move on.
Ex. A Muslim goes off to fight Jihaad. -
His wife didn't hear from him, she goes to a Qaadi and says she thinks he is
dead. The Qaadi uses istihaab.
The Qadi tells her, you need
to first provide me with HARD EVIDENCE to prove that he is dead.
Only then can you move on,
distribute his property and remarry another man.
This is because we have courts that are
SHARIA COURTS and not KANGROO COURTS.
She has to provide a death certificate
or hard evidence that her husband is dead.
The burden to provide the proof
is upon the claimant.
You cannot use 'dhan' = doubt.
We cannot use DHAN = DOUBT to make a
verdict on a case in the courthouse. THIS IS HARAM.
We need HARD EVIDENCE.
Because Allah said in the Quran that some DHAN is SIN
You cannot pronounce a man dead,
or a man a thief etc.. on dhan = doubt or suspicion.
Allah (سُبْحَانَهُ وَتَعَالَىٰ) Said:
O you who believe! Avoid much suspicions, indeed some suspicions
are sins.
(Al-Hujurat 49:12)
The Kaafirs in the West, they
arrive at their verdicts based on hearsay. This is how evil they are.
The kuffar invaded Iraq,
claiming Iraq had WMD.
They killed over a million innocent
Muslims on the account of suspicion.
- HADITH:
عن ابن عباس رضي الله عنهما، قال:
قال رسول الله صلى الله عليه وسلم: ادرءوا الحدود بالشبهات
Ibn Abbas (RA) narrated the Messenger of Allah (ﷺ) said: "Abandon the Hudood when there is doubt."
[Musnad Abu Hanifa (Kitab al-Hudood) No. 4]
According to Sharia law it is better to
let a man get away with adultery then to stone him for adultery that he did not
commit.
Because the Prophet (ﷺ) said: "Abandon the
Hudood when there is doubt."
Allah (سُبْحَانَهُ وَتَعَالَىٰ) Said:
Certainly, conjecture can be of no avail against the truth.
Surely, Allāh is All-Aware of what they do. (Yunus 10:36)
To prove to you that the
Qaadi in the courthouse cannot pass verdicts based on dhan.
Suspicion can never replace
the TRUTH. So do not take it to the SHARIA courthouse.
They are so evil in the west,
they follow hearsay.
They killed a million Muslims based on
dhan, (That Iraq had WMDs).
What if a woman is married
and her husband went missing.
This is not an imaginary
scenario. It took place at the time of the pious predecessors
Yahya related to me from Malik from Yahya ibn Said
from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who
loses her husband and does not know where he is, waits for four years, then she
does idda for four months, and then she is free to marry."
Malik said, "If she marries after her idda is over, regardless of whether
the new husband has consummated the marriage or not, her first husband has no
means of access to her."
Malik said, "That is what is done
among us and if her husband reaches her before she has remarried, he is more
entitled to her."
Malik said that he had seen people disapproving of someone who
said that one of the people (of knowledge) attributed to Umar ibn al-Khattab
that he said, "Her first husband chooses when he comes either her
bride-price or his wife."
Malik said, "I have
heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced
her while he was absent from her, and then he took her back and the news of his
taking her back had not reached her, while the news of his divorcing her had,
and so she had married again, said, 'Her first husband who divorced her has no
means of access to her whether or not the new husband has consummated the
marriage.'"
Malik said, "This is what I like the best of
what I heard about the missing man."
[Muwatta Malik (1/635) No. 1653]
Her husband disappeared, she moved on.
Then the first husband turned up.
Asking for his wife back, It
was ruled that she had to stay with her second husband.
This is because the first husband could
have contacted his wife
WHAT IS THE EIGHT SOURCE ~ USED BY THE ULEMA ~ FOR THE APPLICATION
OF REVELATION
SOURCE # 8 = ISTIHSAAN
Usool ul Fiqh made easy
1) To deem/consider something
appropriate.
Istihsaan is derived from the root word
HASAN in Arabic. HASAN means good
2) To abandon a hujjah for a better
hujjah.
3) For the Qadi to use his discretion.
Three definitions of Istihsaan.
In many FIQH books when they
translate Istihsaan into English they use the word discretion.
If a scholar should go to a
country, and he sees the people doing something he has never seen before.
He applies istihsaan.
If he considers it good, he
applies the ruling of istihsaan of their
culture.
According to Shariah:
Everything is halal until proven haraam.
This is because in SHARIA LAW
everything is HALAL until proven HARAM
Allah (سُبْحَانَهُ وَتَعَالَىٰ) Said:
TāHā. We have not sent down the Qur'ān unto you (O
Muhammad SAW) to cause you distress, (Ta-Ha 20:1-2)
THE KHAWAARIJ (puritans) on
the other hand believe everything is HARAM until proven HALAL.
Their Fiqh is upside-down and
around and becomes a burden on the Muslims.
Some scholars say: Istihsaan
means to abandon the hujjah in favour for custom of the people, to benefit the
people and make life easy on the people.
For Ex. The women demanded a meeting
with SHAIKH in the Masjid with the condition that no men will be present. These
women did not wear socks and exposed their ankles
According to the Hanbali Madhab, a women
must cover her feet because a feet of a woman can turn on a man
In the Hanbali fiqh: The feet
of the woman is awrah.
Shaikh was obliged whatever
hujjah he had, in favour of their custom.
Shaikh had to use his
discretion.
In order not to make the deen
a burden of the people.
Since Shaikh was Hanbali, he was obliged
to abandon his Hujjah about covering feet since they were MALIKI. He did this
not to burden the people
Shaikh in South Africa:
The people were celebrating the Prophet's
(ﷺ) birthday.
People there celebrate the Prophets
(ﷺ) birthday.
Shaikh could not say they
couldn't celebrate, it was his voice against 3000 people.
Shaikh had to abandon the
Hujjah in favour of their custom in order to make life easy for the people.
There was no kufr and shirk in the celebration.
Shaikh gave them a speech on
the 'Merits of the Prophet (ﷺ)'
Another example:
If you are a Muslim scholar
you know that it is Haram to look at the private parts of people.
A Muslim gynaecologist approached the
scholar saying that he has to look at the private parts of many women.
The Muslim scholar uses his
discretion, consider the facts on the ground and then pass a Fatwa on the issue.
He will have to abandon the hujjah in
favour of another hujjah which is better:
It is haram to look at the
private parts of each other.
However, he will allow the male gynaecologists
to continue his practice due to the lack of female's doctors in the city.
When the prophet (ﷺ) was sending Muadh Ibn Jabl (RA) to Yemen:
On the authority of Anas bin Malik: The Prophet ﷺ said, "Facilitate things to people (concerning
religious matters), and do not make it hard for them and give them good tidings
and do not make them run away (from Islam)." [al-Bukhari (6125) and Muslim
(1734)]
This is istishaan another
example:
According to the IJMAA of the
SAHABAS if you do not pray you are a KAFIR.
You have a Muslim father who
is rich and powerful, however he does not pray.
He only prays eid.
Instead he sits and drinks
alcohol with his friends on the weekends.
His one and only daughter reaches
puberty and she wants to get married.
She approaches a Muslim
scholar, saying: "My father does not care for religion, can he be the wali
to give me away?"
In this case the Muslim judge
will use Istihsaan.
He will take everything into
consideration:
If the father is replaced as
wali, it will cause many problems.
According to the scholars a
kaafir cannot be a wali, the hujjah is 4:141
Allah (سُبْحَانَهُ وَتَعَالَىٰ) Said:
And never will Allāh grant to the disbelievers a way (to triumph)
over the believers. (An-Nisa 4:141)
However, this man in
question, is supposed to be a Muslim, however he does not pray.
His one and only daughter who
is his pride and joy wants to get married.
If the daughter replaces her
father as wali, it could cause blood-shed.
Because he is rich and
powerful.
The Scholar is obliged to
abandon the Hujjah and allow him to be the Wali in order to protect the peace.
Another example:
A man is a governor of a province, he is
rich and powerful.
He has girlfriends and he
doesn't pray.
Even when he prays, he puts his left
hand over the right hand.
This man died: His family
called an Imam to pray over him.
But if they repent, perform As-Salāt (Iqāmat-as-Salāt)
and give Zakāt, then they are your brethren in religion. (At-Tawbah 9:11)
This is Hujjah that the one who does not
pray is not a Muslim.
The Imam whose political
power is weaker than the man who died, might open a can of worms if he refuses
to pray over the father.
The Imam is obliged to
abandon the hujjah: If the imam does not pray over this man there will be
fitnah, his sons are rich and powerful.
They have political power,
and the imam is weak.
The Imam abandons the Hujjah
in favour of custom to make life easy and to avoid Fitna, this is called
Istihsaan.
Imam Sha'afi (RA) does not agree with Istishaan:
He says, you are opening a pandoras box
if you practise Istihsaan.
He said it is opening doors for people
to fulfil their evil and corrupted desires.
How do we answer Imam Sha'fi (RA)?
How do we answer Imam Shafi'I
(RA) who wrote an entire chapter in his book AL UMM to condemn Istihsaan
We say that the Prophet (ﷺ) said: Follow my sunnah and the sunnah of the rightly guided caliphs
HADITH:
"I advise
you all to fear Allaah and to listen to and obey (your leaders), even if he may
be a slave from Habashah; For indeed, whoever from you is alive after I am gone
will see many disputes and contradictions. You must therefore, stick to my
Sunnah and the Sunnah of the Rightly-Guided Caliphs. [Related by Aboo Daawood
(no. 4607) and by at-Tirmidhi (no. 2676)]
Umar Ibn Khattab (RA) used
Istihsaan.
Cut off (from the wrist joint) the (right) hand of the
thief, male or female, as a recompense for that which they committed, a
punishment by way of example from Allāh. And Allāh is AllPowerful, AllWise.
(Al-Ma'idah 5:38)
This is hujjah to chop off
the hands of the thief.
When Umar was Caliph he abandoned the
chopping off the hands of thieves during a famine. This is called Istihsaan.
Even Umar who was the most rigid of the
four Caliphs applied Istihsaan.
QUESTION AND ANSWER SESSION BEGINS :::
QUESTION
1: Sheikh, since we know it is the obligation of Muslims to make hajj, by the
Saudi government charging so much, would there be sin on them for the Muslims
who cannot afford to make hajj in their lifetime because it is so expensive and
if so, why do their Sheikhs not speak out against this? JZK
ANSWER 1:
Hajj is not compulsory if you cannot
afford it.
QUESTION
2: assalamu alaikum shaikh, if the husband is missing, how long does she have
to wait until she can move on?
ANSWER 2:
This is left up to the ijtihad of the
qadi.
If he is contactable by cell phone,
email etc, then he goes missing without a word.
She can move on, because he didn't make
contact.
Every case is different.
He might be a trader, a mujahid, a
student. So the variables change.
The qadi will ask many questions before
making judgement.
How much contact do you have, and what
was the contact before you lost contact? etc.
QUESTION 3: ASCWR Sheikh, In
ANSWER 3:
Mothers day is not shirk, it has nothing
to do with religion.
To celebrate Christmas is shirk.
It is apostasy.
To celebrate the prophet's (Saws)
birthday is not shirk, it is bidah, a cursed innovation.
Question: What is the ruling on celebrating birthdays?
Answered by Sheikh Salman al-Oadah
If you
mean celebrating the likes of the birthday of Prophet Muhammad (peace be upon
him) or Prophet Jesus (peace be upon him), then this is clearly unlawful. Such
festive days are newly contrived innovations that conflict with the dictates of
Islamic Law.
Such
rites are from the traditions of the People of the Book. They have a devotional
purpose and are carried out seeking nearness to Allah. This is the reason I
view such occasions to be unlawful and prohibited.
If, on the other hand, you mean celebrating personal birthdays,
then this is something different, since it is not intended as a devotional act
or an act of worship. Therefore, it is not as serious a matter. Still, I tend
to regard it as something disliked for people who are not already accustomed to
celebrating this event in their culture, but do so merely to blindly ape
cultural practices that are outside of their own experience.
Question: I would like to know if it is permissible in Islam for
a married couple to celebrate their wedding anniversary.
Answered by Sheikh Sami al-Majid
After a careful study of the rulings pertaining to unlawful
festivals and holidays, it appears to me that these rulings concern those
occasions that have a single date for all the people in society – like all of
the people residing in the country or who are attributed to it – so that the
day that is specified for the festival is a conspicuous, public event where the
people make a public show of joy and celebration. Such festivals and holidays
resemble the ‘id days in Islam, and such are the holidays that are prohibited,
in my opinion.
the prohibition of such days is evidenced by the hadith where the
Prophet (peace be upon him) arrived at Madinah and found that they had two
festive days wherein they would play and enjoy themselves. The Prophet (peace
be upon him) said: “Allah – Most Blessed and High – has replaced them with what
is better: ‘Id al-Fitr and ‘Id al-Adha.” [Sunan Abi Dawud (1134) and Sunan
al-Nasa’i (1556)]
It is only such festivals that are celebrated by everyone on a
particular day that have the qualities that resemble the ‘id celebrations.
As for
a person celebrating the occasion of his wedding anniversary with his wife, I
do not see this as coming under the ruling of prohibited festivals. Its day is
different for different couples. Therefore, it is in no way comparable to the
‘id days of Islam. Each couple celebrates their marriage on a different day.
The difference between general public festivals and such
particular, personal days is that with respect to the personal days, the days
themselves are generally not sanctified and considered sacrosanct and there is
not a wholesale public display of festivity.
Therefore, I tend to the view that there is nothing wrong with a
couple celebrating their wedding anniversary as long as they do not copy the
particular practices of the non-Muslims in doing so, like lighting candles for
each year that they were married.
And
Allah knows best.
THE APPLICATION OF REVELATION -- PART 4 -- by SHAIKH ABDULLAH
FAISAL <<<<
The Revelation is QURAN and SUNNAH.
It is incumbent on you to precise the
revelation.
However, this requires knowledge of
Usool al Fiqh.
Usool is the root of the matter.
You must be able to classify knowledge
and understand what is HARAM, HALAL, MAKROOH, and so fard.
Your knowledge needs to be classified
and defined.
You must be able to classify knowledge
and understand what is HARAM, HALAL, MAKROOH, and what is FARD.
The whole purpose of usool is to help
you be a Muslim.
The Aqeeda tells you who to worship and
the Fiqh tells you how to worship.
The Aqeeda tells you to worship Allah
alone, without associating any partners with him.
When you establish Salah and recite
Surah Fatihah in it, but before you start you must make your intention. This is
part of Fiqh.
AQEEDA = WHO TO WORSHIP
FIQH = HOW TO WORSHIP
You cannot separate these two sciences
of Islam.
The Aqeeda affects the Fiqh, so they are
naturally inter-related.
When Mamoon was the Caliph, his Aqeeda
was the Quran was created and beat people who did not accept his Aqeeda.
This is why he persecuted Imam Ahmad Ibn
Hanbal.
THE
EXPLATION OF ISTIHSAAN CONTINUES
Istihsaan is defined as a legal
preference, i.e. to prefer one proof over the other because of its superiority.
SOURCES
OF APPLICATION OF REVELATION
SOURCE #
8 - ISTIHSAAN
Imam Shafi'i opposed Istihsaan, and
wrote a book called Al Umm, clarifying his views on the matter.
He said it has not basis in the religion
and is used by people to fulfil their corrupt desires.
We refute Imam Shafi'i because Umar Ibn
Khattab implemented Istihsaan.
He abandoned the Hujjah of cutting the
hand of the thief during a famine in the holy land.
He was the most rigid in implementing
the Sharia, yet he used Istihsaan to abandon the Hujjah out of necessity.
Sharecropping is business agreement
between the land owner and a farmer working his land to share the produce form
the land.
The land owner provides the tools, and
the land.
The Sharia does not allow this because
the farmer can be exploited.
However, if you take it to the Qadi, he
will use Istihsaan and allow it in times of food shortage.
Infect he will allow it before a food
shortage occurs in order to avert it.
By making it Haram in such
circumstances, he would make it a burden on the community and cause hardship.
Therefore the Qadi used Istihsaan and abandoned
the Hujjah for a better Hujjah.
Another example of Istihsaan, a man find
his wife committing adultery with another man, and he ends up killing both his
wife and the man.
If the case goes to a Sharia court, the
Qadi will take the case and throw it out, telling the man to go home.
He will use his discretion and give a
verdict of a crime of passion.
However in Sharia the life must be taken
for a life, bt in this case the Qadi abandons the Hujjah for another Hujjah.
This is Istihsaan.
Shaikh Abdullah Tuwayjiri has given this
Fatwa to Shaikh Faisal.
Another example of Istihsaan, is a girl
went to university, committed adultery and came home pregnant.
The father finds out and kills his own
daughter because she disgraced the honour of his family.
The Qadi will use his discretion in this
case and let the father go home, because it was a crime of passion.
The father was only protecting his
honour.
In Sharia law, a Muslim cannot be killed
for a Kafir.
If a father killed his own child, you
cannot kill him according to Sharia law. However, the killing must have done to
protect his honour.
Because of this law, a Saudi girl will
think twice before getting into prostitution, because she knows that the Qadi
will let him go without trial.
According to Sharia law, a Muslim boy
will think twice before becoming a gay, because if his father kills him or even
his uncle there is nothing they can do about it.
Since a man is allowed to protect the
honour of his Family.
WHAT IS THE NINTH SOURCE OF THE APPLICATION OF REVELATION
SOURCE # 9 - DAROORA
Daroora means necessity knows no law.
Shaikh Bin Baaz, used this aspect of
Usul al Fiqh to allow the Kafir troops into the Muslim lands.
He cleaimed Saddam Hussein was a Kafir
and Baathist who had a million man army and we had no other choice but to allow
the Kafirs to help us.
Where did this principle of Daroora come
from?
Daroora has been permitted by ALLAH and
HIS Messenger.
The Messenger (Saws) said Allah has forgiven
my Ummah for things they did by mistake, for things.
Ibn 'Abbas (RA) the Messenger of Allah (SAW) said: "Verily
Allah has pardoned [or been lenient with] for me my Ummah : their mistakes,
their forgetfulness, and that which they have been forced to do under
duress." [Sunan Ibn Majah (3/200) No. 2045, al-Mu’jam al-Kabir al-Tabarani
(11/133) No. 11274, al-Sunan al-Kubra al-Bayhaqi (7/584) No. 15094, Sunan
al-Daraqutni (5/300) No. 4351]
The Messenger (Saws) said Allah has
forgiven my Ummah for things they did by mistake, for things they did due to forgetfulness
and for things they did under duress.
Daroora can be translated as Duress in English.
This principle has been facilitated in
many verses in the Holy Quran.
An example of Daroora is, a Muslim is
allowed to eat pork under duress.
He has forbidden you only the Maytatah (dead animals), and blood,
and the flesh of swine, and that which is slaughtered as a scrifice for others
than Allah (or has been slaughtered for idols, etc., on which Allah's Name has
not been mentioned while slaughtering). But if one is forced by necessity
without wilful disobedience nor transgressing due limits, then there is no sin
on him. Truly, Allah is Oft-Forgiving, Most Merciful. (Baqarah 2:173)
If you are on a journey and you are
starving, you are allowed to eat pork to keep yourself alive, however, you must
not fill your belly with it.
The Ayah above clearly states that pork
is haram, however, it is allowed only to save your life.
The concept of Darrora came from Allah
Himself.
But as for him who is forced by severe hunger, with no inclination
to sin (such can eat these above-mentioned meats), then surely, Allāh is OftForgiving,
Most Merciful. (Al-Ma'idah 5:3)
According to Sharia law we have six
sacred things.
When you are protecting one of these six
sacred things, it is classified as DAROORA.
SIX SACRED THINGS = LIFE, WEALTH, HONOUR, INTELLECT, LINEAGE, and
YOUR DEEN
Another example of Darrora is, In the
time of the Rasool (Saws) Ammar Ibn Yasir (RA) apostate with his tongue, after
the Kuffar murdered his parents and were torturing him.
Even though the punishment for apostasy
is death, yet Ammar Ibn Yasir was not punished for what he said.
Allah revealed an Ayah to classify Ammar
Ibn Yasir's action as Daroora.
Whoever disbelieved in Allah after his belief, except him who is
forced thereto and whose heart is at rest with Faith but such as open their
breasts to disbelief, on them is wrath from Allah, and theirs will be a great
torment. (16:106)
Therefore if a Kafir was to hold a gun
on your head and forced you to say Muhammad (Saws) was a false prophet.
You will not be thrown out of the fold
of Islam due to Daroora.
Abother example is, praying behind a
wicked leader.
PRAYING BEHIND AN EVIL DOER AN OPEN SINNER ???
Praise be to Allaah.
Hajjaj ibn Yusuf ath-Thaqafi was a very
evil ruler who came from Taif. He used to kill the Sahabas.
Firstly:
Shaving the beard in whole or in part is a sin which is not
permissible to do. The prayer of one who commits a sin such as shaving the
beard and the like is valid if he does it as prescribed by Allaah, according to
scholarly consensus. The prayers of those who pray behind him, if he leads the
prayer, are also valid, according to the more correct of the two scholarly
opinions.
Tuhfat al-Ikhwaan, p. 114, by Shaykh ‘Abd al-‘Azeez ibn Baaz.
The fact that his leading of the prayer is valid is indicated by
the fact that the Sahaabah (may Allaah be pleased with them) prayed behind
unjust leaders and ruler. ‘Abd-Allaah ibn ‘Umar and Anas (may Allaah be pleased
with him) prayed behind al-Hajjaaj al-Thaqafi. Al-Shaafa’i said: And he –
meaning al-Hajjaaj – was bad enough (as an evildoer).
Once this is established, there is no point in saying, “I will
not pray behind this imam.” Rather you should pray behind him if not doing so
will lead to evil consequences, division or conflict, because conflict is
worse.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: If by not
praying behind him the worshipper will miss out on Jumu’ah and prayers in
congregation, then no one does that except an innovator who is differing from
the Sahaabah (may Allaah be pleased with them). Similarly, if the imam has been
appointed by those in authority and there is no shar’i purpose to be served by
not praying behind him, then you should not refuse to pray behind him, rather
it is better to pray behind him.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/388.
Al-Nawawi (may Allaah have mercy on him) said – concerning one
who leads people in prayer when they do not like him: Our companions said: His
leading the prayer is makrooh if they dislike him because of something that is
condemned in sharee’ah, such as an oppressive ruler or one who attains the
position of imam by force and does not deserve it, or one who does not take
precautions to avoid naajis (impure) things… If no such thing applies then it
is not makrooh. … Then he said: When we say that it is makrooh, that is limited
to the imam; as for the members of the congregation who do not like him, it is
not makrooh for them to pray behind him.
Al-Majmoo’,
4/172-173
Secondly:
With regard to replacing him, if you are able to replace him with
another imam who is more religiously committed and doing so will not result in
a greater evil, then it is better to do that, otherwise it is better to leave
him.
The evidence that an imam who commits sin openly should not be
allowed to lead the prayers is to be found in the report narrated by Abu Dawood
(481), which says that a man led some people in prayer and he spat in the
qiblah (of the mosque) when the Messenger of Allaah (peace and blessings of
Allaah be upon him) was looking on. The Messenger of Allaah (peace and
blessings of Allaah be upon him) said, when he had finished praying: “He should
not lead you in prayer.” After that he wanted to lead them in prayer again, but
they did not let him, and they told him what the Messenger of Allaah (peace and
blessings of Allaah be upon him) had said. He mentioned that to the Messenger
of Allaah (peace and blessings of Allaah be upon him) and he said: “Yes.” And I
(the narrator) think that he said: “You have offended Allaah and His
Messenger.” Classed as hasan by al-Albaani in Saheeh Abi Dawood.
This is so long as preventing him from leading the prayers will not
lead to a greater evil; if that is the case, then you should pray behind him,
and it is not permissible to refrain from praying in congregation because of
the evildoing of the imam, as stated above
Shaykh Ibn Baaz (may Allaah have mercy on him) said: If it is
possible for a person to prevent a person who commits evil openly from leading
the prayer, then he has to do that; but if he has been appointed by someone
else and it is not possible to stop him leading the prayers or it is only
possible to stop him by means of a greater evil that is more harmful than the
evil of the imam who commits evil openly, then it is not permissible to ward
off a lesser evil by means of a greater one. Islam came to achieve and complete
what is in people’s best interests and to wipe out and reduce evil as much as
possible.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/377
- If you are unable to remove the evil
leader, you are allowed to pray behind him, because you have no other choice
and can do it out of Daroora.
- Therefore when you go to Makkah and
Walid continued in his non-Islamic way for the rest of his life.
Once after Uthman had appointed him as the governor of Kufa, Walid led a
congregational prayer in the morning and performed four Rakats in drunkan state
and on the top of that, he turned around and asked the followers: “Shall I
(lead) you more (Rakats)?”. (Al-Bidayah wal-Nihayah, Volume 7 page 155).
Whether the Imams of Makkah and
Abdullah Ibn Masood prayed behind Walid
Ibn Uqba, who was drunk, out of Daroora.
The scholars mentioned these things in
their books, to prove to you that if you go to a Masjid, whose Imam is Evil,
and you are unable to travel far to another Masjid.
Your salah is valid and the evil Imam's
salah is not.
This is because they might kill you,
because if you don't pray behind them you are making Takfeer on them.
Another example of Daroora, is living in
Dar Ul Harb, and taking out a loan to go to university to study medical science
or engineering, you did not do Haram.
This is because you must educate
yourself, and since you did not find any other source of finance, it is allowed
to take the loan out of Daroora.
Education in the modern world is a
necessity.
You cannot expect every Muslim to work
as a Janitor.
Therefor if you take out a student loan,
you did not do Haram, it is called Daroora.
Muslim brothers are unable to get
married, because they have bo education, therefore a low paying job, and therefore
they cannot feed their wives.
It has been narrated by Abd al-Razak, Ibn Sa'd, Ibn Jarir, Ibn
Abi Hatim, Ibn Mardawayh, al-Bayhaqi in his book "al- Dala-il," and
it was corrected by al-Hakim in his book "al- Mustadrak" that:
"The nonbelievers arrested `Ammar Ibn Yasir (RA) and (tortured him until)
he (RA) uttered foul words about the Prophet (PBUH&HF), and praised their
gods (idols); and when they released him (RA), he (RA) went straight to the
Prophet (PBUH&HF). The Prophet
(PBUH&HF) said:"Is there something on your mind?" `Ammar Ibn Yasir (RA) said: "Bad(news)!
They would not release me until I defamed you (PBUH&HF) and praised their
gods!" The Prophet (PBUH&HF)
said: "How do you find your heart to be?" `Ammar (RA) answered:
"Comfortable with faith." So the Prophet (PBUH&HF) said:
"Then if they come back for you, then do the same thing all over
again." Allah (SWT) at that moment
revealed the verse: "....except under compulsion, his heart remaining firm
in faith...[16:106]"
According to Sharia law if you don't
feed your wife, you lose your conjugal rites.
Another example of Daroora, is buying
your first house on Mortgage because you could not find a Muslim bank to lend
you the money.
You do not expect Muslims to live under
a tree.
Another example of Daroora is, your
child is sick and needs an emergency operation. The only way to help the child
was to operate on the child, paying cash.
If you take a loan on interest due to
your circumstances, because all the Muslims refuse to lend you money, you did
not do Haram.
Remember - Necessity knows no Law.
THE CONDITION FOR DAROORA TO TAKE EFFECT
CONDITION # 1 - THE PERSON UNDER DAROORA (DURESS) SHOULD FEAR THE
LOSS OF WEALTH, HIS LIFE OR FEARS SEVERE BODILY HARM. FOR EX. AMMAR IBN YASIR
Ammar (RA) feared for his life because
he feared for his life after the Kafir's murdered his parents.
CONDITION # 2 - - THE PERSON UNDER DURESS CANNOT BE SOMEONE WHO IS
A LEADER AND HAS POWER, THE PERSON HAS TO BE WEAK AND HELPLESS.
Therefore Al-Saud does not have the
facility of DAROORA. However, they have opened up Riba banks in the
They claim they are doing it out of
duress. However, according to Sharia, leaders cannot use Daroora.
The Saudi Salafis have succeeded in
developing a new religion. Its called the religion of the kings. They are known
as the MADHKHALI's.
These Madhkhali's consider you to be
ignorant of your Deen and give you false excuses to promote and fortify their
Shirk.
CONDITION # 3 - THE DANGER AND HARM TO THE PERSON UNDER DURESS
MUST BE IMMINENT.
Ammar Ibn Yasir's (RA) death was
imminent and so Daroora applied to him. However, you cannot assume that there
is going to be danger.
There has to be a sense of Immediacy.
CONDTION # 4 - THE QADI IN THE MUSLIM COURTHOUSE HAS TO THROW THE CASE OUT OF
THE COURT AND CANNOT PUNISH THE VICTIM OF DAROORA
CONDITION # 5 - IF YOUR CIRCUMSTANCES CHANGE THE DAROORA IS
AUTOMATICALLY LIFTED
Therefore you cannot continue to eat
pork once you have something else available to eat.
Another example of Daroora is, to pay a
bribe in Dar Ul Harb, in order to avert an act of oppression that is imminent.
Even though giving a bribe is Haram, out
of Daroora you may do so in Dar ul Harb. However, you must then make Hijra from
the country.
Another example of Daroora is, if you
are in a country and a crime is committed, however the witnesses are not of
good character.
Since the Muslim judge cannot find any
other witnesses, then their testimony is accepted. However, they must not
contradict each other under cross examination.
Another example of Daroora is, you are
sick and end up having a wet dream. You are allowed to make Tayammum instead of
Ghusl.
HEAD CRACKED / TAYAMMUM / THEY KILL HIM / YOU HAVE KILLED HIM /
MAY ALLAH KILL THEM
Narrated By Jabir: 'We set out on a journey. One of our people
was hurt by a stone, that injured his head. He then had a wet dream. He asked
his fellow travellers: Do you find concession for me to perform tayammum? They
said: We do not find any concession for you while you can use water. He took a
bath and died. When we came to the Prophet (SAW), the incident was reported to
him. He said: "They killed him, may Allah kill them! Could they not ask
when they did not know? The cure of ignorance is inquiry. It was enough for him
to perform tayammum and to pour some drops of water or to bind a bandage over the
wound (the narrator Musa was doubtful); then he should have wiped over it and
washed the rest of his body."' [Sunan Abu Dawood (1/93) No. 336, Sunan
al-Daraqutni (1/349) No. 729, al-Sunan al-Kubra al-Bayhaqi (1/347) No. 1075]
If you are in the winter season and
cannot find warm water to make Ghusl, you are allowed to make Ghusl.
Do not kill yourselves with a dodgy
Fatwa. If you knowledge of Fiqh is weak, do not pass Fatwas. It is very dangerous.
Another example of Daroora is, if KAfirs
are killing Mulsim children and the only way to make them stop killing our
children is to kill their children, then that is permissible.
Verily, the number of months with Allah is twelve months (in a
year), so was it ordained by Allah on the Day when He created the heavens and
the earth; of them four are Sacred, (i.e. the 1st, the 7th, the 11th and the
12th months of the Islamic calendar). That is the right religion, so wrong not
yourselves therein, and fight against the Mushrikun (polytheists, pagans,
idolaters, disbelievers in the Oneness of Allah) collectively, as they fight
against you collectively. But know that Allah is with those who are Al-Muttaqun
(the pious - see V.2:2). (At-Tawbah 9:36)
We are supposed to fight the Musrikeen
until we dominate them. A life of a Muslim kid is more precious than the life
of a Kafir kid.
If you cannot handle this Fatwa, you are
a Hypocrite, because you love the Kafir kid more than the Muslim child.
Another example to Daroora is, the
Mujahideen hikacking a plane of civilians in order to win the release of a
Muslim. For ex Moulan Masood Azhar.
If the KAfirs know that their lives will
be in danger if they arrest Muslims, they will stop doing it when we apply
Daroora.
QUESTION AND ANSWER SESSION BEGINS
QUESTION1: Isn't it better for Muslims to boycott such imams's
mosaues and their affiliate organizations? If they don't have congregants and
donors, they won't have a platform to spew their munafiqun views which harm
muslims.
ANSWER 1 --
Yes this is what we should do.
A muslim must become active and form
their own congregation.
When you go to their congregations you
end up giving them validity.
Aisha narrated the Messenger of Allah (SAW) said: "Those
who give respect to a bid'ati (innovator in Religion) surely will be counted as
a helper of destroying Islam." [al-Tabarani in 'al-Mu’jam al-Awsat' (7/35)
No. 6772 and al-Bayhaqi in 'Shu'ab al-Emaan' (12/57) No. 9018]
And we are not allowed to guve honour
and respect to those who make Bidaa.
The reason why it becomes a Daroora is
because 90% of the MASAJID in Dar ul Harb are classified as Masjid Diraar.
Masjid Diraar are termed as such because
they are set up to preach Kufr and they call their Kufr Islam.
And as for those who put up a mosque by way of harming and
disbelief, and to disunite the believers, and as an outpost for those who
warred against Allah and His Messenger (Muhammad SAW) aforetime, they will
indeed swear that their intention is nothing but good. Allah bears witness that
they are certainly liars. (At-Tawbah 9:107)
Question2: Sheikh, May Allah protect you. I heard you say student
loan is allowed to get education. Student loan is riba. I don't understand how
it falls into "loss of wealth, his life or fears severe bodily harm".
I never went to university or took a student loan. I used to work as a
telephone engineer in
ANSWER 2
Your case is an exception.
However, education is a basic
requirement. Without an education you have no wealth, lineage or honour.
Question3: Can one take a loan or bribe due to the fear of his
family's dishonor be accepted as a condition for daroora?
ANSWER 3
Paying a bribe to protect your family;s
honour is called Daroora.
Because the honour is one of the six
sacred things.
FOLLOW the USOOL's and practise
classificaiton of knowledge.
Question4: salaam alakium sheikh if a women has sex thoughts and
shes not dreaming but shes thinking about it .. does she have to make ghusl?
ANSWER 4 --
If she has sex toughts and she became
wet, i.e. she had a minor discharge. she requires to make WUDU.
It was narrated from 'Amr bin Shu'aib from his father, that his
grandfather said: "The Messenger of Allah said: “When the two circumcised
parts meet and the tip of the penis disappears, then ghusl becomes obligatory.”
[Sunan Ibn Majah (1/385) No. 611]
However, when a wife and husband become
intimate then both require GHUSL.
Question5: Salam Aalaikum Shaikh, How do we refute Bin Baaz's
attempt at using Daroora?
ANSWER 5 -
Bin Baaz made this principle of Daroora
famous when he allowed the American troops into the holy land.
We cant fight Saddam and his million man
army with our thousand men.
Osama Bin Laden offered the king of
Saudia arabia to use his army agaisnt Saddam.
When you use DAROORA, it is a matter of
Ijtihad and you cannot make Ijtihad when the TEXT IS CLEAR.
The king refused and instead took the
Kuffar as his intimates.
He went against the TEXT, he rejected
the help of Muslims to protect his dictatorship.
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