I had contemplated to compile a treatise consisting of all new developing trade and commerce scenarios of this era, and their consequential Shar‟i Ahkaam (Rulings), and to name the compilation Hawaadithul Fataawa. I had planned that traders and all those connected to trade and commerce should explain their respective dealings, contracts and concepts pertaining to trade and commerce. I did publicize this intention, however, no one had co-operated. Nevertheless, I did of my own accord, prepare a concise treatise on this subject. But due to its conciseness, it is inadequate. Despite this, at least it will become known from a perusal of this concise treatise that for all new developments, expediencies and contingencies the Shar‟i rulings are all to be found in the expositions of the Fuqaha. They had formulated such principles which embrace all new developments.
This was the wonderful karaamat (miracle) of those illustrious Souls.
In the final analysis, the Decree of Allah Ta‘ala prevails. Since Allah Ta‘ala did not will the contemplated Treatise of Hadhrat to become a reality, it did not materialize. The decrees of Allah Ta‘ala are saturated with wisdom. If Hadhrat Thanvi (Rahmatullah alayh) had succeeded in his wish to compile what he had contemplated, it would have become problematic for the Ulama-eHaqq of our current era. This is so, because Hadhrat Thanvi‘s formulation of the Ahkaam would have been based on either grossly insufficient information or gross misinformation. The traders would have presented their personal understanding of trade dealings and contracts, and Hadhrat Thanvi (Rahmatullah alayh) would have issued his Fataawa on such shaky basis dangling on the precipice of butlaan. A typical example is Hadhrat Thanvi‘s fatwa of permissibility of dealing in ‗shares .When the question of shares was posed to Hadhrat, he called a trader from Saharanpur to explain to him what exactly are ‗shares‘. The poor trader who was ignorant in this field proffered an explanation on the basis of which Hadrat Thanvi concluded that it was a valid Shirkat (Partnership). What we are mentioning is not our mere understanding, but was confirmed by Hadhrat Maulana Masihullah (Rahmatullah alayh) who had very carefully perused and studied our Fatwa on the impermissibility of shares after the Ulama of Mia‘s Farm had complained to him regarding our stance of impermissibility. Hadhrat Masihullah (Rahmatullah alayh) said to this writer: ―In fact, Hadhrat Thanvi had also purchased some shares. But this is an issue which depends on constantly surfacing facts.‖ At this juncture of the conversation, Hadhrat Masihullah (Rahmatullah alayh) concurred with the correctness of our Fatwa. Furthermore, Hadhrat Mufti Mahmoodul Hasan Gangohi (Rahmatullah alayh) had also concurred with our Fatwa. But the compilers of his Fataawa Mahmoodiyyah deemed it brilliant to exclude this particular Fatwa from the collection of his Fataawa. When true fear for Allah Ta‘ala is lacking, then the nafs advises suppression of the Haqq, but the Haqq will not remain long suppressed. It must necessarily surface and in the words of the Qur‘aan: ―Smash out the brains of baatil.‖
Thus, it was a Bounty of Allah Ta‘ala for us of this era that Hadhrat Thanvi (Rahmatullah alayh) was not permitted by Divne Decree to give practical effect to his contemplation. If he had succeeded, then today all these molvis of soo‘ and baatil preponderating the globe would have quoted him as the final authority just as they are today citing the glaring errors of Mufti Taqi Sahib as daleel for the ‗permissibility‘ of haraam pictography, haraam riba, etc.
Our Akaabir Ulama of decades ago were disadvantaged by the fact that for any new development of the West they were generally reliant on Zindeeqs professing to be Muslims, for information and explanation. These university products with their donkey qualifications, either intentionally or due to their own ignorance, would misinform the Akaabir Ulama. Since our Senior Ulama were not versant in English, they were constrained to rely on the warped conceptions and misinformation fed to them by modernist Muslim doctors, professors, traders and the like.
Alhamdulillah! Thumma Alhamdulillah! We are not languishing in the same kind of disadvantage of our Akaabir Ulama. Allah Ta‘ala has adequately equipped us to understand and nullify the avalanche of baatil which the modernist zanaadaqah are peddling. Today their baatil is supported by even molvis and sheikhs who have betrayed Allah Ta‘ala and His Rasool, and the Ummah for the sake of the miserable dollars they earn for churning out fatwas of jawaaz (permissibility) for haraam products.
Allah Ta‘ala has therefore made us independent of all these modernist morons who can no longer get away with the bamboozling shenanigans with which they used to trick and deceive the Akaabir Ulama of decades ago. Doctors, lawyers, scientists and experts
in all spheres of mundane life can no longer bamboozle the Ulama-e-Haq whom Allah Ta‘ala has made independent by granting them the requisite intellectual foundation to administer the Haq and to degrade the modernist zanaadaqah from their heights of hubris. This Haq will be perpetuated until the Day of Qiyaamah. Its Call will always remain loud, clear and it will overwhelm the combined forces of all the Agents of Dajjaal and Iblees. Giving us this assurance,
Allah Ta‘ala states in the Qur‘aan Majeed:
“The Haq has arrived and baatil has vanished, for verily, baatil (by its very nature) must vanish.”
MALFOOZAAT PART 6