Dr. Zakir Naik & The Fatwa on masturbation

Muhtaram Mufti Saheb,We have come across a video by Zakir Naik wherein he gives a lengthy discussion with regards to masturbation.After reviewing the video, one is left with the strong impression that masturbation is permissible. Till now, the youth knew it to be Haram. However, this has created doubts in their minds and hearts and left them confused. Surely, such a ruling would open a door that was best left closed till now. The youth till now refrained or at least tried to refrain from this act due to the sin involved with it. If a fatwa were to remove the sin associated with this act, the youth would surely fall into this tempting trap of Shaytaan. We request Mufti Sahebs ruling on the matter. Furthermore, what is Mufti Sahebs opinion about Zakir Naik? We would appreciate your Fatwa in this matter. Jazakallah

Zakir Naik is a well-known personality famed for his skill in comparative religion studies. Alhamdulillah, he has served and continues serving that important field with much dedication. Having said that, the field of Fiqh and Iftaa is vastly different to comparative religious studies. The field of Fiqh and Iftaa contains many intricacies which an untrained, undiscerning eye will not easily identify. Therefore, it is necessary upon an individual seeking a Fatwa to refer to reliable qualified Muftis who have years of experience in this field. Nevertheless, in the video in reference, Zakir Naik says that there are 3 opinions regarding masturbation. 1. The overwhelming majority of Scholars who say that it is Haram to masturbate. This view is deduced from the following verse of the Holy Quran, وَالذِينَ هُمْ لفُروجِهِمْ حَافظونَ إلََّّ عَلى أزوَاجِهِمْ أوْ مَا مَلكَتْ أيْْانُُمْ فإنَُّمْ غيُْْ مَل وِمينَ )المؤمنون: 5، 6 (Translation: “Those (will have succeeded) who safeguard their private parts except with their wives and what their right hand possesses.”It is clear from the verse that all forms of satisfying one’s desires are prohibited. However, two exceptions have been made i.e. marriage and bondswomen. This implies that anything besides these two exceptions reverts to the default position of prohibition. Therefore, masturbation is prohibited. One cannot claim that the verse is silent with regards to masturbation. Clearly, the verse has initially outlawed every means/method of satisfying one’s sexual desires (this includes masturbation) and then makes only two exceptions to the rule. This shows that everything besides these two exceptions reverts to the default position of prohibition. The second proof cited is the following hadith, عَنْ عَبْدِ الَّلَِّ، قالَ قالَ لنا رسُولُ الَّلَِّ صلى الله عليه وسلم : يََ مَعْشَرَ الشَّبابِ مَنِ اسْتطاعَ مِنكُمُ ال بَاءةَ فَ لْيَ تَ زَوجْ فإنهُ أغضُّ للْبصَرِ وَأحْصَنُ للْفَرجِ وَمَنْ لََْ يسْتطِعْ فَ عَليْهِ بِِلصَّوْم فإنهُ لهُ وجَا ءTranslation: “Rasulullah (Sallallahu Alaihi Wasallam) said, 0 young men, those amongst you who can support a wife should marry, for it restrains the eyes (from casting evil glances) and preserves one fromimmorality; but he who cannot afford it should observe fast for it is a means of controlling the sexual desire.”Once more, one cannot claim that this hadith too is silent regarding masturbation. The fact is that the purpose behind the hadith is to stop young men from falling into the temptation of zina and Rasulullah (Sallallahu Alaihi Wasallam) has offered practical solutions to overcome that temptation. The first solution is marriage, and the second is to fast as fasting is known to curbs one’s desires. It is well known that ejaculation via masturbation will completely lower one’s desires but despite that, Rasulullah (Sallallahu Alaihi Wasallam) did not offer it as a solution. This implies that Rasulullah (Sallallahu Alaihi Wasallam) deliberately ignored masturbation as it is prohibited and hence, cannot be a solution.
Those who state masturbation is ‘makruh’.
Firstly, it is important to understand the definition of the term ‘makruh’. Whenever the Fuqaha, especially within the Hanafi school, have utilized the word ‘makruh’, it refers to Makruh Tahrimi. Makruh Tahrimi are those acts whose prohibition is accepted and proven, however, due to other reasons, it will not be given the label of Haram.In simpler terms, this group too agrees that masturbation is prohibited, however, it will not be called Haram due to other reasons. Therefore, this group and the first are in agreement with regards to the prohibition of masturbation. This only leaves an extremely fringe group as the third opinion.
An extreme minority who permit masturbation.
The one scholar relied upon for this view is Ibn Hazm (Rahimahullah) who is known for his radical views on numerous issues which non besides him have accepted. To base a ruling, despite the clear proofs of an overwhelming majority of scholars throughout history, on an irregular (Shaadh) opinion of Ibn Hazm (Rahimahullah) is succumbing to one’s desires. Furthermore, to permit masturbation is to give free reign to the assortment of vices that accompany masturbation in today’s time. It is virtually impossible to find an individual who will masturbate without the use of pornography or at the very least, illicit thoughts regarding other women. It is worth mentioning that the youth are expected to avoid any such act that will aggravate their desires. They should lower their gazes, avoid mixed gatherings, avoid reading immoral literature, etc. On the contrary, to issue a ruling of permissibility of masturbation to youth who aggravate their desires and lead their passion to unavoidable situations lacks foresight and will prove detrimental in the long run. The major consequence of issuing such a ruling is that firstly, we have given the youth who have indulged in this abominable practice an excuse to vindicate themselves. Prior to such a ruling, they atleast acknowledged the act to be sinful, leaving room for Tawbah in the future.However, by telling them it is permissible to masturbate, we have permitted them to indulge in this practice without a care. Secondly, such a ruling will impact those youth who have so far protected themselves from this act. By removing this abhorrence towards the act, we have removed the fear of sin and the sanctity of purity and chastity from their hearts. We therefore categorically state that masturbation is not permissible and has long lasting negative implications. This is also the view of the vast majority of our Fuqaha. This act is abominable in the eyes of men and is said to have been a practice of the people of Sodom and Gomorrah who had incurred the wrath of Almighty Allah. Almighty Allah destroyed the nation by upending the land on them and burying them deep in the earth. The dead sea is a manifestation of the dead values of Sodom and Gomorrah. And Allah Ta’āla Knows Best

Bilal Yusuf Pandor

Student Darul Iftaa

Lusaka, Zambia

Checked and Approved by,Mufti Ebrahim Desai

Is wearing the Niqab/Pardah Fardh or Sunnah?

QUESTION
Assalamu Alaikum Respected Mufti Saheb. I would like Mufti Saheb to please respond to this. A few girls were told about the obligation of covering and wearing pardah. An Aalim of the town told these girls that it is not Fardh and a must, it is a sunnah. He even contacted Muftis that also say its sunnah. We would appreciate Mufti Saheb response and advice on what to do. Jazakallah

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Please refer to the following link to find a detailed response on the above query:

http://www.askimam.org/public/question_detail/28588

And Allah Ta’āla Knows Best

Mahmood Suliman

Student Darul Iftaa
Gaborone, Botswana

Checked and Approved by,
Mufti Ebrahim Desai.

Where does it say in the Quran that women must observe Hijab?

My Question is related to Hijab..I want to know the proper Defination of Hijab Because in different areas of the world Hijab is Defined in different way.some of women cover full body except their eyes and some cover their whole busy except their face. So i just need to know what is proper defination of Hijab in Qur’an.If it is to cover all the body except eyes then why scholar like Zakir Naik who is firm believer of Qur’an is going on the Different track.(Cover the whole body except face).

In the Name of Allah, the Most Gracious, the Most Merciful.As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.Sister in Islam,It is encouraging to note your zeal in seeking clarity regarding such an issue. Since the rulings of Hijāb are a very delicate matter, we feel that it is important to first provide some introductory points before answering your specific query. The Purpose of HijābFirst and foremost, it is of absolute importance that one understands the social structure Islam attempts to establish within a Muslim society in regards to the intermingling of men and women. Throughout the Quran we find many verses that point to this very fact. Allah Ta’ālā says in the Holy Quran:وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا And do not even go near fornication. It is indeed a shame and an evil way to follow.[1]He the Almighty says in another verse:وَقُلْ لِلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّAnd say to the believing women that they must lower their gazes and guard their private parts, and must not expose their adornment.[2]Expounding on this message, the Holy Prophet (sallallahu ‘alaihi wa sallam) said:كُتِبَ عَلَى ابْنِ آدَمَ نَصِيبُهُ مِنَ الزِّنَا، مُدْرِكٌ ذَلِكَ لَا مَحَالَةَ، فَالْعَيْنَانِ زِنَاهُمَا النَّظَرُ، وَالْأُذُنَانِ زِنَاهُمَا الِاسْتِمَاعُ، وَاللِّسَانُ زِنَاهُ الْكَلَامُ، وَالْيَدُ زِنَاهَا الْبَطْشُ، وَالرِّجْلُ زِنَاهَا الْخُطَا، وَالْقَلْبُ يَهْوَى وَيَتَمَنَّى، وَيُصَدِّقُ ذَلِكَ الْفَرْجُ وَيُكَذِّبُهُ Allah has written for the children of Adam their share of zina which he commits inevitably. The zina of the eyes is the sight (to gaze at a forbidden thing), the zina of the ears is to hear, the zina of the tongue is the talk, the zina of the hands is to touch (that which is forbidden), the zina of the feet is to take steps (towards that which is forbidden) and the heart wishes and desires and the private parts testify all this or deny it.[3]It is clear from the above that the overall purpose behind establishing laws pertaining to separation between men and women is simply to protect their chastity and to establish a society wherein all doors leading to immorality and indecency are closed off right from its roots. Similarly, the hijāb is also a mechanism used to further these ideals by becoming an instrument that hinders zinā and all of its malevolent forms.Women and Today’s SocietyIn a society dictated by slogans of liberty and justice, a new generation has been born that thrives off of freedom of expression. This leads some to believe that the hijāb is anti-progressive, but such a notion is far from reality. Allah Ta’ālā has created women in this world with an alluring beauty that seizes the hearts of men and brings forth emotions of pure love and infatuation. It is for this reason that women continue to be exploited today through private and commercial means.It is also no secret that societies today are brimming with news concerning cases of rape and sexual assault. In a society where social acceptance through superficial means of one’s outer beauty has become mainstream, it is of no surprise that such would be the end result. As a premonition to such an outcome, the Holy Prophet (sallallahu ‘alaihi wa sallam) warned us in the following words:صِنْفَانِ مِنْ أَهْلِ النَّارِ لَمْ أَرَهُمَا، قَوْمٌ مَعَهُمْ سِيَاطٌ كَأَذْنَابِ الْبَقَرِ يَضْرِبُونَ بِهَا النَّاسَ، وَنِسَاءٌ كَاسِيَاتٌ عَارِيَاتٌ مُمِيلَاتٌ مَائِلَاتٌ… Two are the types of the denizens of Hell whom I did not see: people having flogs like the tails of the ox with them and they would be beating people, and the women who would be dressed but appear to be naked, who would incline others (towards evil) and themselves would be inclined (towards it)…[4] Through the tenets of Islam we form a stabilized society that protects women from all avenues that may lead to their mistreatment and exploitation. Only through practice can one see the respect a woman holds who is garbed from head to toe in clothes that protect her beauty and chastity. It is a sign of honor, dignity, and iman that brings to light the revered status of women in the eyes of Allah the Almighty.Difference between Satr and HijābWhen one hears the word hijāb, it is often assumed that the laws pertaining to it are the same as the laws of satr (the concealing of which is obligatory for everyone – legally, naturally and rationally). As a matter of fact, the laws of satr have remained an obligation from the very beginning, in all religious codes of the noble prophets and not only from the advent of Islam.[5] It is an injunction stemming from the natural disposition of insān that shows the intrinsic qualities of hayā (shame and modesty) that existed from the very inception of humankind. One can see the example of such qualities in the story Ādam and Hawā (alaihimas salam) as they hastened to cover themselves upon seeing their bare selves revealed[6]. Similarly, we find such an attribute in the story of Musā (‘alaihis salam) and the two girls who were fetching water from a well. Whilst one was walking towards Musā (alaihi salam), she treaded in a manner showing complete shame and modesty. Allah Ta’ālā revealed this quality in the following words:فَجَاءَتْهُ إِحْدَاهُمَا تَمْشِي عَلَى اسْتِحْيَاءٍ Then one of the two women came to him, walking in a manner showing hayā.[7]On the other hand, the laws of hijāb came about much after during the latter half of the prophethood of Nabi (sallallahu ‘alaihi wa sallam).[8] As such, laws regarding covering oneself in private and public are different from the laws of hijāb that pertain more to rulings that require women to conceal themselves in the presence of non-mahram men[9].Consider an example from the following hadīth:عَنْ نَبْهَانَ، مَوْلَى أُمِّ سَلَمَةَ، أَنَّهُ حَدَّثَهُ أَنَّ أُمَّ سَلَمَةَ، حَدَّثَتْهُ أَنَّهَا كَانَتْ عِنْدَ رَسُولِ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَمَيْمُونَةَ قَالَتْ: فَبَيْنَا نَحْنُ عِنْدَهُ أَقْبَلَ ابْنُ أُمِّ مَكْتُومٍ فَدَخَلَ عَلَيْهِ وَذَلِكَ بَعْدَ مَا أُمِرْنَا بِالحِجَابِ، فَقَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: احْتَجِبَا مِنْهُ، فَقُلْتُ: يَا رَسُولَ اللهِ أَلَيْسَ هُوَ أَعْمَى لاَ يُبْصِرُنَا وَلاَ يَعْرِفُنَا؟ فَقَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: أَفَعَمْيَاوَانِ أَنْتُمَا أَلَسْتُمَا تُبْصِرَانِهِ. It is narrated by Nabhān the freed slave of Umm Salamah(radiyallahu ‘anha) that Umm Salamah (radiyallahu ‘anha) narrated to him, that she and Maymunah (radiyallahu ‘anha) were with the Messenger of Allah (sallallahu ‘alaihi wa sallam), she said: “So when we were with him, Ibn Umm Maktum (radiyallahu ‘anhu) came, and he entered upon him, and that was after veiling had been ordered for us. So the Messenger of Allah (sallallahu ‘alaihi wa sallam) said: ‘Veil yourselves from him.’ So I said: ‘O Messenger of Allah! Is he not blind such that he cannot see us or recognize us?’ So the Messenger of Allah (sallallahu ‘alaihi wa sallam) said: ‘Are you two blind such that you cannot see him?'” One point of consideration is the fact that the addressees of this command of the Holy Prophet (sallallahu ‘alaihi wa sallam) were none other than two of the Umm al-Mu’minīn (mother of the believers), Sayyidatuna Umm Salamah and Sayyidatuna Maymūnah (radiyallahu ‘anhuma). If the blessed wives of the Holy Prophet (salllahu ‘alaihi wa sallam), who were at the pinnacle of piety and modesty were commanded to conceal themselves from men, then what can we say about the women of today who live in an era where people vie for social standing by sacrificing their modesty for the sake of public acceptance?Now that we have understood that the laws of satr are not only different, but existed before the laws of hijāb, we will commence with the discussion of Quranic texts relating to the injunctions of hijāb.The Degrees of HijābWhen taking a look at the various verses dealing with the injunction of hijāb, one can divide these verses into three levels, or “degrees”, of hijāb.-The First Degree-Allah Ta’ālā says in Surah al-Ahzāb, verse 53:وَإِذَا سَأَلْتُمُوهُنَّ مَتَاعًا فَاسْأَلُوهُنَّ مِنْ وَرَاءِ حِجَابٍ ذَلِكُمْ أَطْهَرُ لِقُلُوبِكُمْ وَقُلُوبِهِنَّAnd when you ask anything from them (the blessed wives of the Prophet), ask them from behind a curtain. That is better for the purity of your hearts and their hearts.This verse deals with the first degree of hijāb which discusses concealment of women in their own homes. This can further be substantiated by the following verse:وَقَرْنَ فِي بُيُوتِكُنَّ وَلَا تَبَرَّجْنَ تَبَرُّجَ الْجَاهِلِيَّةِ الْأُولَىAnd remain in your homes, and do not display (your) beauty as it used to be displayed in the days of earlier ignorance.[10]This degree of hijāb encourages women to stay in their homes and conceal themselves and their beauty from the fitnah the lurks outside the four walls of her home. This means that they should not allow anyone outside of their homes to see any portion of their body, whether it be the face or any other part of the body.[11] Furthermore, this points to the fact that women should try their best to remain in their homes unless there is a need to go out as there is a danger to their chastity and is a means of fitnah for her.[12] The following hadīth points out to this fact:عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَ: الْمَرْأَةُ عَوْرَةٌ، فَإِذَا خَرَجَتْ اسْتَشْرَفَهَا الشَّيْطَانُ. It is narrated that the Holy Prophet (sallallahu ‘alaihi wa sallam) said: “The woman is one who should be concealed, so when she goes out, the Shaitan seeks to tempt her.”[13] Although the addressees of these verses are the blessed wives of the Holy Prophet (sallallahu ‘alaihi wa sallam), the injunctions related to them are common to all Muslim women as pointed out by many great muffassirūn (exegetes) such as Imam al-Qurtubi in his famous tafsīr, Al-Jāmi’ li Ahkām al-Qurān.[14]-The Second Degree-Allah Ta’ālā says in Surah al-Ahzāb, verse 53:يَا أَيُّهَا النَّبِيُّ قُلْ لِأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ O prophet, tell your wives and your daughters and the women of the believers that they should draw down their jilbāb (shawls) over them.Herein mentioned is the second degree of hijāb. This level of hijāb deals with how women should conceal themselves when they have a need to leave their house. The jilbāb here actually refers to a piece of clothing large enough that it covers the entire body from head to toe.[15] The method of dawning the jilbāb is a point of contention amongst the ‘ūlamā; Imam Qurtubi mentions in his tafsīr: وَاخْتَلَفَ النَّاسُ فِي صُورَةِ إِرْخَائِهِ، فَقَالَ ابْنُ عَبَّاسٍ وَعَبِيدَةُ السَّلْمَانِيُّ: ذَلِكَ أَنْ تَلْوِيَهُ الْمَرْأَةُ حَتَّى لَا يَظْهَرَ مِنْهَا إِلَّا عَيْنٌ وَاحِدَةٌ تُبْصِرُ بِهَا. وَقَالَ ابْنُ عَبَّاسٍ أَيْضًا وَقَتَادَةُ: ذَلِكَ أَنْ تَلْوِيَهُ فَوْقَ الْجَبِينِ وَتَشُدَّهُ، ثُمَّ تَعْطِفُهُ عَلَى الْأَنْفِ، وَإِنْ ظَهَرَتْ عَيْنَاهَا لَكِنَّهُ يَسْتُرُ الصَّدْرَ وَمُعْظَمَ الْوَجْهِ. وَقَالَ الْحَسَنُ: تُغَطِّي نِصْفَ وَجْهِهَا. People have differed in regards to the method of dawning it (the jilbāb). Ibn ‘Abbās (radiyallahu ‘anhuma) and ‘Abīdah as-Salmānī (rahimahullah) state: It means to wrap it up in such a way that everything is concealed except that (the area of) one eye is left open for her to see with. Ibn ‘Abbās (radiyallahu ‘anhuma) (in another narration) and Qatādah (rahimahullah) say: It means to wrap it up above the forehead and to fasten it, then to fold it till above the nose even if both eyes are left open; although, she will have to cover her chest and majority of her face. Hasan (rahimahullah) says: She will cover half of her face.[16]Similar narrations have been mentioned in other books of tafāsīr as well.[17]From this we can clearly see that the mufassirūn and great figures of the past such as Ibn ‘Abbās (radiyallahu ‘anhuma) consider that the dawning of the jilbāb for women includes the covering of the face. This is to the extent that there are narrations of leaving only one eye open as well. To substantiate this further, Imam Qurtubi also states under the tafsīr of this verse:لَمَّا كَانَتْ عَادَةُ الْعَرَبِيَّاتِ التَّبَذُّلَ، وَكُنَّ يَكْشِفْنَ وُجُوهَهُنَّ كَمَا يَفْعَلُ الْإِمَاءُ، وَكَانَ ذَلِكَ دَاعِيَةً إِلَى نَظَرِ الرِّجَالِ إِلَيْهِنَّ، وَتَشَعُّبِ الْفِكْرَةِ فِيهِنَّ، أَمَرَ اللَّهُ رَسُولَهُ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يَأْمُرَهُنَّ بِإِرْخَاءِ الْجَلَابِيبِ عَلَيْهِنَّ إِذَا أَرَدْنَ الْخُرُوجَ إِلَى حَوَائِجِهِنَّ Since it was the habit of the Arab women to display their beauty as they would reveal their faces like the female slaves, and since such an action would lead to other men looking at them and filling their minds with thoughts of those women, Allah Ta’ālā commanded the Holy Prophet (sallallahu ‘alaihi wa sallam) to instruct the (Muslim) women to hang down their shawls over them whenever they would have a desire to go out for their needs.[18] -The Third Degree-Allah Ta’ālā says in Surah an-Nūr, verse 31:وَقُلْ لِلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ And say to the believing women that they must lower their gazes and guard their private parts, and must not expose their adornment (i.e. places of beauty), except that which appears thereof, and must wrap their bosoms with their shawls…This verse discusses the third and final degree of hijāb, which deals with hijāb of the second degree along with an exception to reveal certain portions of the body.[19] The meaning of this verse is apparent; a women is not allowed to display her beauty and she should cover herself with her shawl. Although, scholars differ as to what the words “except that which appears thereof” refers to. Many mufassirūn such as Imam at-Tabarī[20], Imam al-Qurtubī[21], and Imam Ibn Kathīr[22] have discussed the different narrations and opinions regarding this issue in detail. Mufti Shafī ‘Uthmānī has provided a concise summary of the differences in his book Ahkām al-Qurān in the following words:و حاصل الكلام في تفسير ما ظهر أنه مختلف فيه بين الصحابة والتابعين فعبد الله بن مسعود و من تابعه فسروه بالثياب و الجلباب، و علي ذلك فلا حجة فيه لمن استثني الوجه والكفين عن الحجاب…و عبد الله ابن عباس و عبد الله بن عمر و من تابعهما فسروا قوله تعالي: ولا يبدين زينتهن إلا ما ظهر منها، بقولهم: إنه الوجه والكفان. وهو محتمل المعنيين، الأول: أنه تفسير للزينة التي نهين عن إبدائها، فعلي هذا رجع هذا القول أيضا إلي معني قول ابن مسعود رضي الله عنه، فلم يكن الوجه والكفان من مستثنيات، والمعني الثاني: أنه تفسير لما ظهر، وعلي هذا الأحتمال كان الوجه والكفان مستثنيان من الحجابThe summary of the differences regarding the tafsīr of “that which appears thereof” is that a difference of opinion exists between the Sahabah and Tābi’īn themselves. ‘Abdullah bin Mas’ūd (radiyallahu ‘anhu) and those who are of his opinion say that it refers to (their) clothes and the jilbāb. According to this opinion, there is no room for those who exempt the face and the hands from hijāb…’Abdullah bin ‘Abbās (radiyallahu ‘anhuma) and ‘Abdullah bin ‘Umar (radiyallahu ‘anhuma) interpret the words “and must not expose their adornment, except that which appears thereof” as meaning the face and the hands. This tafsīr holds two possibilities. The first possibility: This (face and hands) is the tafsīr for the word “adornment” from which women have been forbidden to display. According to this tafsīr, in meaning it will be the same as the interpretation of Ibn Mas’ūd (radiyallahu ‘anhu); therefore, the hands and face will not be exempt (from the hijāb). The second possibility: This is the tafsīr for “that which appears thereof”. According to this possibility, the face and the hands will be exempt from the hijāb.[23]In more simple terms, the verses according to each interpretation will mean:(1) According to the tafsīr of Ibn Mas’ūd (radiyallahu ‘anhu): And (they) must not expose their adornment, except their outer garments (e.g. their jilbāb).(2) According to the tafsīr of Ibn ‘Abbās (radiyallahu ‘anhuma): And (they) must not expose their adornment, except their hands and faces.It is important to take note that this discussion only pertains to the interpretation of this verse and not the ruling for the hijāb itself. Clarification on Women Exposing Their FaceOne may conclude through this that there remains scope for women to expose their face as it is a valid tafsīr of this verse. In order clear this misconception, we will expound with the following points:(1) After discussing the various opinions, Imam Qurtubī says in his tafsīr:قَالَ ابْنُ عَطِيَّةَ: وَيَظْهَرُ لِي بِحُكْمِ أَلْفَاظِ الْآيَةِ أَنَّ الْمَرْأَةَ مَأْمُورَةٌ بِأَلَّا تُبْدِيَ وَأَنْ تَجْتَهِدَ فِي الْإِخْفَاءِ لِكُلِّ مَا هُوَ زِينَةٌ، وَوَقَعَ الِاسْتِثْنَاءُ فِيمَا يَظْهَرُ بِحُكْمِ ضَرُورَةِ حَرَكَةٍ فِيمَا لَا بُدَّ مِنْهُ، أَوْ إِصْلَاحِ شَأْنٍ وَنَحْوِ ذَلِكَ. فَ”- مَا ظَهَرَ” عَلَى هَذَا الْوَجْهِ مِمَّا تُؤَدِّي إِلَيْهِ الضَّرُورَةُ فِي النِّسَاءِ فَهُوَ الْمَعْفُوُّ عَنْهُ. قُلْتُ: هَذَا قَوْلٌ حَسَنٌ، إِلَّا أَنَّهُ لَمَّا كَانَ الْغَالِبُ مِنَ الْوَجْهِ وَالْكَفَّيْنِ ظُهُورُهُمَا عَادَةً وَعِبَادَة..فَيَصْلُحُ أَنْ يَكُونَ الِاسْتِثْنَاءُ رَاجِعًا إِلَيْهِمَا Ibn ‘Atiyyah says: “What becomes apparent to me in regards to the ruling derived from the words of this verse is that women are commanded to not reveal themselves and that they try their best to conceal all that is considered to be adornment (beauty). The exception made here is due to certain movements that are absolutely necessary (for women to do) or in order to fix something, etc. As such, “that which appears thereof” in this context refers to revealing at times of necessity for women; therefore, it is amongst those things that are forgiven (due to a need).” According to me [referring to Imam al-Qurtubī himself], this is a better approach, except that since the face and hands become revealed habitually or at times of ībādah…it is better to say that the exception refers to those two times
(only).24 There are some who mention that revealing the face is permissible for women if there is no fear of fitnah[25]. In regards to this, Imam Jalāluddīn al-Mahallī mentions in his Tafsīr al-Jalālayn:{وَلَا يُبْدِينَ}…{زِينَتهنَّ إلَّا مَا ظَهَرَ مِنْهَا} وَهُوَ الْوَجْه وَالْكَفَّانِ فَيَجُوز نَظَره لِأَجْنَبِيٍّ إنْ لَمْ يَخَفْ فِتْنَة فِي أَحَد وَجْهَيْنِ وَالثَّانِي يَحْرُم لِأَنَّهُ مَظِنَّة الْفِتْنَة وَرُجِّحَ حَسْمًا لِلْبَابِ[The verse says] “And they must not expose”…”their adornment, except that which appears thereof”. This refers to the face and the hands; therefore it should be permissible for one to look at a woman (i.e. her face) if he does not feel there will be fitnah. This is according to one opinion; the other opinion is that such an act is harām since there is a possibility of fitnah. This (second) opinion has been given preference in order to close the doors (leading to fitnah).[26]Mufti Shafī’ comments on this as well in the following words:و أنت خبير بأن هذا أمر يعز وجوده في القرون الأولي أيضا إلا ما شاء الله تعالي، ويشهد له قصة الفضل ابن عباس مع امرأة خثعمية بأن النبي صلي الله عليه و سلم حول وجه الفضل عنها، و قال: رأيت شابا و شابة فلم آمن عليهما الفتنة، كما رواه البخاري والترمذي، فما ظنك بزماننا الذي بدا فيه التساوي بين المحاسن والمساوي، وكادت القلوب أن تكون منكوسة فلاتعرف معروفا و لا تنكر منكرا، و عادت الفواحش فيه مفخرا، واتخذت المناهي متجرا؛ تجارت بهم الأهواء كما تتجار الكلب بصاحبه، و يخبط بهم الهوي في مذاهبه وغياهبه؟ فكيف يحصل الأمن واليقين علي أنه لا يحدث في نفسه الميلان إلي قربها بالنظر إليها؟ You already know that such a thing (not having fear of fitnah) was seldom found during the first era of Muslims as well (i.e. the time of the Holy Prophet sallallahu ‘alaihi wa sallam and his Sahabah radiyallahu ‘anhum) except that which Allah Ta’ālā wanted. The story of Fadl ibn ‘Abbās (radiyallahu ‘anhu) and the woman of Khath’amiyyah attests to this fact since the Holy Prophet (sallallahu ‘alaihi wa sallam) turned the face of Fadl away from her (when he saw them staring at each other) as he told them: “I saw a young man and a young woman and I did not feel secure from fitnah arising between them.” As narrated by Imam Bukhārī and Imam Tirmidhī. [Considering this] what do you think is the situation in our times where good and evil have been labeled as equal, the hearts (of people) have turned upside down to the extent that they cannot even differentiate between wrong from right, where indecency (i.e. adultery, prostitution, etc.) has returned as a means to boast one’s own ego, where forbidden acts have become a business? A time where selfish desires travel with people like a dog travels with his partner? Where wishes and fancies have plunged people into its depths and its darkness. So how can one feel secure and certain that one’s heart will not be inclined towards her (i.e. towards committing indecency with her) when one’s eyes are focused on her?27 All four schools of thought (i.e. Mālikī, Hanbalī, Shafi’ī, and Hanafī) agree that it is impermissible for women to expose their face in front of non-mahram men[28].After discussing the points above, the conclusion the we arrive at is that although there is a difference of opinion regarding the tafsīr of verse thirty one of Surah an-Nūr, there remains no discrepancy in regards to the ruling derived therefrom. That is to say that even though there are authentic narrations concerning the meaning of “except that which appears thereof”, there still remains no disagreement pertaining to the application of the verse according to the vast majority of the fuqahā, especially in reference to our time where fitnah lurks at every corner; therefore, it is not feasible for women to leave their homes with their faces uncovered in front of non-mahram men.The core of this discussion boils down to the fact that the third degree of hijāb no longer remains an issue, whether it is because one opts for Ibn Masūd’s (radiyallahu ‘anhu) tafsīr of the verse which states that “except that which appears thereof” simply refers to women’s outer garments and ornaments, or because the revealing of one’s face in our times can lead to fitnah, and in order to close this door completely, the ruling of impermissibility was given preference.[29] The Field of AhkāmBefore we conclude this discussion, we would like to make one final point. The saying goes “to each his own”, but does this apply to the laws of Shari’ah? Like any other field, Islamic sciences have also been divided into different categories each with their own specialists. The muhaddithūn are tasked with preserving the words and asānīd (chains of narration) of ahādīth for later generations, whereas the mufassirūn discuss the meanings, interpretations, and explanations of the verses in the Holy Qurān. Similarly, the fuqahā are those who spent a great portion of their lives deducing rulings from the Holy Qurān and the Ahādīth of the Holy Prophet (sallallahu ‘alaihi wa sallam). One may say that each field is also linked to the other in one way or another.The point of consideration is that simply because one is a master in one field it does not necessitate that he is a master in another. If one holds a PhD in mechanical engineering, it does not mean that he has the knowledge to perform a surgery on a patient requiring a bypass. This also goes for one who has studied immensely on his own but does not hold the credentials needed to assert his authority in front of those who hold valid credentials in that field. For example, if one studies hundreds of books on the subject of medicine, keeps up with WebMD every day, and further reads every article regarding medicine for fifteen years, he still does not hold the credentials that a student of medicine would hold that only studied for a mere seven to eight years. The reason being is that certain sciences require certain procedures and experience under direct supervision of an authority in order to be labelled as a master in that field.To substantiate this point, consider the words of Imam Tirmidhī, a great and renowned muhaddith, regarding the status of the fuqaha:وَهُمْ أَعْلَمُ بِمَعَانِي الحَدِيثِ And they (the fuqahā) have more knowledge of the meanings of the ahādīth.[30]To conclude, while there may be some who attempt to interpret the meanings of the Qurān and ahādīth in their own way, the rulings derived therefrom will not be taken into consideration unless uttered by the fuqahā themselves. The reason is very simple, the fuqahā are masters in the field of deduction and have written thousands and thousands of books on various subjects of ahkām. Furthermore, such a claim is not something new; rather, the chain of fuqahā and their mastery in this field can be traced back to the first century of Islam. Their words have always been accepted as the final judgment in all matters of fiqh (Islamic Jurisprudence) for over one thousand years. Simply being god fearing and a firm believer of the Quran does not mean one cannot err, especially when one’s opinion is weighed against a thousand years of study backed by thousands of scholars from the four accepted schools of thought. Such an opinion in the end contradicts ijmā’ (consensus) and holds no weight in the sciences of fiqh and deduction.The fact of the matter is that although one may have done great and outstanding work in a certain field and attained a high status in the eyes of the public, it does not necessitate that he has the credentials to make decisions regarding other fields of Islam.May Allah Ta’ālā accept the efforts of all those who defend Islam and may He continue to take work from them. Ameen.And Allah Ta’āla Knows BestBilal MohammadStudent Darul Iftaa
New Jersey, USAChecked and Approved by,
Mufti Ebrahim Desai.www.daruliftaa.net

[1] Al-Quran, Al-Isrā, 32
[2] Al-Quran, An-Nūr, 31
[3] Sahīh Muslim, Book of al-Qadr (Fate), vol. 4, pg. 2047, Dar Ihyā at-Turāth
[4] Sahih Muslim, 2128, The Book of Clothes and Adornment
[5] Ma’ariful Quran, ” The Difference Between the Injunctions of Satr-ul-‘Awrah and Veiling of Women (Hijab)”, Surah al-Ahzab:53
[6] فَلَمَّا ذَاقَا الشَّجَرَةَ بَدَتْ لَهُمَا سَوْآتُهُمَا وَطَفِقَا يَخْصِفَانِ عَلَيْهِمَا مِنْ وَرَقِ الْجَنَّةِ(سورة الأعراف، ٢٢)
[7] Al-Quran, Surah al-Qasas:25
[8] Ibid.;Ahkām al-Quran by Mufti Shafī’ ‘Uthmānī, vol. 3, pg. 404-406, Idarah al-Quran w’al-‘Ulūm al-Islamiyyah
[9] Ma’ariful Quran, “The Second Issue – the Hijab of Women”, Surah al-Ahzab:53;Ahkām al-Qurān by Mufti Muhammad Shafī’ ‘Uthmanī, vol. 3, pg. 408, Idarah al-Quran w’al-‘Ulūm al-Islamiyyah
[10] Surah al-Ahzab:33
[11] Ma’ariful Quran, “The First Degree of Hijab from People by Virtue of Staying Home”, Surah al-Ahzab:53; الأولي من سورة الأحزاب هذه الآية أعني قوله تعالي: و إذا سألتموهن متاعا فاسألوهن من وراء حجاب، و هي أول آية نزلت في الحجاب…و هذه الآية تدل علي أن كيفية الحجاب الشرعي هو التستر بالبيوت والخدور بحيث لا ينكشف للرجال شيء من أبدانهن و زينتهن…(أحكام القرآن للمفتي محمد شفيع، ج ٣، ص ٤٠٨، إذارة القرآن و العلوم الإسلامية)؛ الأولي: حجاب الأشخاص بالبيوت والجدر والخدور والهوادج و أمثالها، بحيث لا يري الرجال الأجانب شيئا من أشخاصهن و لا لباسهن و زينتهن الظاهرة و لا الباطنة، و لا شيئا من جسدهن من الوجه والكفين و سائر البدن(أحكام القرآن للمفتي محمد شفيع، ج ٣، ص ٤٥٤، إذارة القرآن و العلوم الإسلامية)؛ (فَاسْأَلُوهُنَّ مِنْ وَرَاءِ حِجَابٍ) يقول: من وراء ستر بينكم وبينهن، ولا تدخلوا عليهن بيوتهن (ذَلِكُمْ أَطْهَرُ لِقُلُوبِكُمْ وَقُلُوبِهِنَّ) يقول تعالى ذكره: سؤالكم إياهن المتاع إذا سألتموهن ذلك من وراء حجاب أطهر لقلوبكم وقلوبهن من عوارض العين فيها التي تعرض في صدور الرجال من أمر النساء، وفي صدور النساء من أمر الرجال، وأحرى من أن لا يكون للشيطان عليكم وعليهن سبيل.(جامع البيان للطبري، ج ١٢، ص ٣٩، دار الفكر)
[12] الثاني: أمرهن بملازمة البيوت. وهو أمر مطلوب من سائر النساء…و قد يحرم عليهن الخروج…وما يجوز من الخروج كالخروج للحج و زيارة الوالدين و عيادة المرضي و تعزية الأموات من الأقارب…وقال ابن كثير: و قرن في بيوتكن، أي الزمن بيوتكن فلا تخرجن بغير حاجة.(أحكام القرآن للمفتي محمد شفيع، ج ٣، ص ٤٠٨، إذارة القرآن و العلوم الإسلامية)
[13] Sunan at-Tirmidhi, 1173, The Book of Suckling
[14] وَقَرْنَ فِي بُيُوتِكُنَّ وَلَا تَبَرَّجْنَ تَبَرُّجَ الْجَاهِلِيَّةِ الْأُولَى وَأَقِمْنَ الصَّلَاةَ وَآتِينَ الزَّكَاةَ وَأَطِعْنَ اللَّهَ وَرَسُولَهُ إِنَّمَا يُرِيدُ اللَّهُ لِيُذْهِبَ عَنْكُمُ الرِّجْسَ أَهْلَ الْبَيْتِ وَيُطَهِّرَكُمْ تَطْهِيرًا.مَعْنَى هَذِهِ الْآيَةِ الْأَمْرُ بِلُزُومِ الْبَيْتِ، وَإِنْ كَانَ الْخِطَابُ لِنِسَاءِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَدْ دَخَلَ غَيْرُهُنَّ فِيهِ بِالْمَعْنَى. هَذَا لَوْ لَمْ يَرِدْ دَلِيلٌ يَخُصُّ جَمِيعَ النِّسَاءِ، كَيْفَ وَالشَّرِيعَةُ طَافِحَةٌ بِلُزُومِ النِّسَاءِ بُيُوتَهَنَّ، وَالِانْكِفَافِ عَنِ الْخُرُوجِ مِنْهَا إِلَّا لِضَرُورَةٍ، عَلَى مَا تَقَدَّمَ فِي غَيْرِ مَوْضِعٍ(الجامع لأحكام القرآن للقرطبي، ج ٧، ص ٤٨١، دار الحديث) وَإِذَا سَأَلْتُمُوهُنَّ مَتَاعًا فَاسْأَلُوهُنَّ مِنْ وَرَاءِ حِجَابٍ ذَلِكُمْ أَطْهَرُ لِقُلُوبِكُمْ وَقُلُوبِهِنَّالتَّاسِعَةُ- فِي هَذِهِ الْآيَةِ دَلِيلٌ عَلَى أَنَّ اللَّهَ تَعَالَى أَذِنَ فِي مَسْأَلَتِهِنَّ مِنْ وَرَاءِ حِجَابٍ، فِي حَاجَةٍ تَعْرِضُ، أَوْ مَسْأَلَةٍ يُسْتَفْتَيْنَ فِيهَا، وَيَدْخُلُ فِي ذَلِكَ جَمِيعُ النِّسَاءِ بِالْمَعْنَى، وَبِمَا تَضَمَّنَتْهُ أُصُولُ الشَّرِيعَةِ مِنْ أَنَّ الْمَرْأَةَ كُلُّهَا عَوْرَةٌ، بَدَنُهَا وَصَوْتُهَا، كَمَا تَقَدَّمَ، فَلَا يَجُوزُ كَشْفُ ذَلِكَ إِلَّا لِحَاجَةٍ كَالشَّهَادَةِ عَلَيْهَا، أَوْ دَاءٍ يَكُونُ بِبَدَنِهَا، أَوْ سُؤَالِهَا عَمَّا يَعْرِضُ وَتَعَيَّنَ عندها.((الجامع لأحكام القرآن للقرطبي، ج ٧، ص ٥٢٠، دار الحديث)
[15]الثالثة- قوله تعالى: (مِنْ جَلَابِيبِهِنَّ) الْجَلَابِيبُ جَمْعُ جِلْبَابٍ، وَهُوَ ثَوْبٌ أَكْبَرُ مِنَ الْخِمَارِ. وَرُوِيَ عَنِ ابْنِ عَبَّاسٍ وَابْنِ مَسْعُودٍ أَنَّهُ الرِّدَاءُ. وَقَدْ قِيلَ: إِنَّهُ الْقِنَاعُ. وَالصَّحِيحُ أَنَّهُ الثَّوْبُ الَّذِي يَسْتُرُ جَمِيعَ الْبَدَنِ.(الجامع لأحكام القرآن للقرطبي، ج ٧، ص ٣٥٢، دار الحديث)
[16] Ibid.
[17] ثم اختلف أهل التأويل في صفة الإدناء الذي أمرهن الله به فقال بعضهم: هو أن يغطين وجوههن ورءوسهن فلا يبدين منهن إلا عينا واحدة.* ذكر من قال ذلك: حدثني عليّ، قال: ثنا أَبو صالح قال ثني معاوية عن علي عن ابن عباس، قوله (يَاأَيُّهَا النَّبِيُّ قُلْ لأزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلابِيبِهِنَّ) أمر الله نساء المؤمنين إذا خرجن من بيوتهن في حاجة أن يغطين وجوههن من فوق رءوسهن بالجلابيب ويبدين عينا واحدة.* ذكر من قال ذلك: حدثني محمد بن سعد قال ثني أَبي قال ثني عمي قال: ثني أَبي عن أبيه عن ابن عباس، قوله (يَاأَيُّهَا النَّبِيُّ قُلْ لأزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلابِيبِهِنَّ … ) إلى قوله (وَكَانَ اللَّهُ غَفُورًا رَحِيمًا) قال: كانت الحرة تلبس لباس الأمة فأمر الله نساء المؤمنين أن يدنين عليهن من جلابيبهن. وإدناء الجلباب: أن تقنع وتشد على جبينها.(جامع البيان للطبري، ج ١٢، ص ٤٦، دار الفكر)؛الثانية: الحجاب بالبراقع والجلابيب بحيث لايبدو شيء من الوجه والكفين و سائر الجسد و لباس الزينة، فلايري إلا أشخاصهن مستورة من فوق الرأس إلي القدم(أحكام القرآن للمفتي محمد شفيع، ج ٣، ص ٤٥٣، إذارة القرآن و العلوم الإسلامية)
[18] Al-Jāmi’ li Ahkām al-Qurān of Imam al-Qurtubī, vol. 7, pg. 532, Darul Hadīth
[19] الثالثة: الحجاب بالجلابيب وأمثالها مع كشف الوجه والكفين والقدمين(أحكام القرآن للمفتي محمد شفيع، ج ٣، ص ٤٥٤، إذارة القرآن و العلوم الإسلامية)
[20] وقوله: (وَلا يُبْدِينَ زِينَتَهُنَّ) يقول تعالى ذكره: ولا يُظهرن للناس الذين ليسوا لهن بمحرم زينتهنّ، وهما زينتان: إحداهما: ما خفي وذلك كالخلخال والسوارين والقرطين والقلائد،والأخرى: ما ظهر منها، وذلك مختلف في المعنيّ منه بهذه الآية، فكان بعضهم يقول: زينة الثياب الظاهرة.ذكر من قال ذلك: حدثنا ابن حميد، قال: ثنا هارون بن المغيرة، عن الحجاج، عن أبي إسحاق، عن أبي الأحوص، عن ابن مسعود، قال: الزينة زينتان: فالظاهرة منها الثياب، وما خفي: الخَلْخَالان والقرطان والسواران…وقال آخرون: الظاهر من الزينة التي أبيح لها أن تبديه: الكحل، والخاتم، والسواران، والوجه.ذكر من قال ذلك: حدثنا أبو كريب، قال: ثنا مروان، قال: ثنا مسلم الملائي، عن سعيد بن جُبير، عن ابن عباس: (وَلا يُبْدِينَ زِينَتَهُنَّ إِلا مَا ظَهَرَ مِنْهَا) قال: الكحل والخاتم….حدثنا ابن بشار، قال: ثنا أبو عاصم، قال: ثنا سفيان، عن عبد الله بن مسلم بن هرمز، عن سعيد بن جُبير، في قوله: (وَلا يُبْدِينَ زِينَتَهُنَّ إِلا مَا ظَهَرَ مِنْهَا) قال: الوجه والكفّ….وقال آخرون: عنى به الوجه والثياب.*ذكر من قال ذلك: حدثنا ابن عبد الأعلى، قال: ثنا المعتمر، قال: قال يونس (وَلا يُبْدِينَ زِينَتَهُنَّ إِلا مَا ظَهَرَ مِنْهَا) قال الحسن: الوجه والثياب.(جامع البيان للطبري، ج ١٠، ١١٧-١١٩، دار الفكر)
[21] الثَّالِثَةُ- أَمَرَ اللَّهُ سُبْحَانَهُ وَتَعَالَى النِّسَاءَ بِأَلَّا يُبْدِينَ زِينَتَهُنَّ لِلنَّاظِرِينَ، إِلَّا مَا اسْتَثْنَاهُ مِنَ النَّاظِرِينَ فِي بَاقِي الْآيَةِ حِذَارًا مِنْ الِافْتِتَانِ، ثُمَّ اسْتَثْنَى، مَا يَظْهَرُ مِنَ الزِّينَةِ، وَاخْتَلَفَ النَّاسُ فِي قَدْرِ ذَلِكَ، فَقَالَ ابْنُ مَسْعُودٍ: ظَاهِرُ الزِّينَةِ هُوَ الثِّيَابُ. وَزَادَ ابْنُ جُبَيْرٍ الْوَجْهُ. وَقَالَ سَعِيدُ بْنُ جُبَيْرٍ أَيْضًا وَعَطَاءٌ وَالْأَوْزَاعِيُّ: الْوَجْهُ وَالْكَفَّانِ وَالثِّيَابُ. وَقَالَ ابْنُ عَبَّاسٍ وَقَتَادَةُ وَالْمِسْوَرُ بْنُ مَخْرَمَةَ: ظَاهِرُ الزِّينَةِ هُوَ الْكُحْلُ وَالسِّوَارُ وَالْخِضَابُ إِلَى نِصْفِ الذِّرَاعِ «1» وَالْقِرَطَةُ وَالْفَتَخُ «2»، وَنَحْوُ هَذَا فَمُبَاحٌ أَنْ تُبْدِيَهُ الْمَرْأَةُ لِكُلِّ مَنْ دَخَلَ عَلَيْهَا مِنَ النَّاسِ.(الجامع لأحكام القرآن للقرطبي، ج ٦، ص ٥١٨، دار الحديث)
[22] وَقَالَ (4) : {وَلا يُبْدِينَ زِينَتَهُنَّ إِلا مَا ظَهَرَ مِنْهَا} أَيْ: لَا يُظهرْنَ شَيْئًا مِنَ الزِّينَةِ لِلْأَجَانِبِ، إِلَّا مَا لَا يُمْكِنُ إِخْفَاؤُهُ.وَقَالَ ابْنُ مَسْعُودٍ: كَالرِّدَاءِ وَالثِّيَابِ. يَعْنِي: عَلَى مَا كَانَ يَتَعَانَاهُ نِسَاءُ الْعَرَبِ، مِنَ المِقْنعة الَّتِي تُجَلِّل ثِيَابَهَا، وَمَا يَبْدُو مِنْ أَسَافِلِ الثِّيَابِ فَلَا حَرَجَ عَلَيْهَا فِيهِ؛ لِأَنَّ هَذَا لَا يُمْكِنُ إِخْفَاؤُهُ. وَنَظِيرُهُ فِي زِيِّ النِّسَاءِ مَا يَظْهَرُ مِنْ إِزَارِهَا، وَمَا لَا يُمْكِنُ إِخْفَاؤُهُ. وَقَالَ بِقَوْلِ ابْنِ مَسْعُودٍ: الْحَسَنُ، وَابْنُ سِيرِينَ، وَأَبُو الْجَوْزَاءِ، وَإِبْرَاهِيمُ النَّخَعي، وَغَيْرُهُمْ. وَقَالَ الْأَعْمَشِ، عَنْ سَعِيدِ بْنِ جُبَير، عَنِ ابْنِ عَبَّاسٍ: {وَلا يُبْدِينَ زِينَتَهُنَّ إِلا مَا ظَهَرَ مِنْهَا} قَالَ: وَجْهُهَا وَكَفَّيْهَا وَالْخَاتَمُ(تفسير ابن كثير، ج ٣، ص ٣٤٨، دار الحديث)
[23] Ahkām al-Qurān by Mufti Muhammad Shafī’ ‘Uthmanī, vol. 3, pg. 426, Idarah al-Quran w’al-‘Ulūm al-Islamiyyah
[24] Al-Jāmi’ li Ahkām al-Qurān of Imam al-Qurtubī, vol. 7, pg. 519, Darul Hadīth
[25] وأما الدرجة الثالثة: اأني خروجهن مستورة الأبدان من الرأس إلي القدم مع كشف الوجه والكفين بشرط الأمن من الفتنة…فاختلف فيه كلمات القوم، منهم من رخص فيها بشرط الأمن من الفتنة، و منهم من لم يرخص فيها إلا عند الاضطرار(أحكام القرآن للمفتي محمد شفيع، ج ٣، ص ٤٦٠، إذارة القرآن و العلوم الإسلامية)
[26] Tafsīr al-Jalālayn, Surah an-Nūr, verse 31
[27] Ahkām al-Qurān by Mufti Muhammad Shafī’ ‘Uthmanī, vol. 3, pg. 467, Idarah al-Quran w’al-‘Ulūm al-Islamiyyah
[28] Although the Hanafī position seems to have some room for discussion, in our times the final position holds to be the same as the other three schools of thought. For a detailed discussion on this matter, refer to the following link:http://www.deoband.org/2009/04/fiqh/miscellaneous/the-niqab-and-its-obligation-in-the-hanafi-madhhab/ For information regarding the position of the other three madhāhib, refer to:Ahkām al-Qurān by Mufti Muhammad Shafī’ ‘Uthmanī, vol. 3, pg. 460-467, Idarah al-Quran w’al-‘Ulūm al-Islamiyyah Also see:Ma’ariful Quran, ” The Third Degree of Islamic Legal Hijab About Which Jurists Differ “, Surah al-Ahzab:53
[29] Ahkām al-Qurān by Mufti Muhammad Shafī’ ‘Uthmanī, vol. 3, pg. 469, Idarah al-Quran w’al-‘Ulūm al-Islamiyyah
[30] Sunan at-Tirmidhī, 990, The Book Janāiz (Funerals)

An answer to Dr. Zakir Naik

An answer to Dr. Zakir Naik’s answer regarding Schools of thought
Composed by M. Yasin Achhodi

In a question posed to Dr. Zakir Naik regarding which school of thought a Muslim should follow, he answered in the following manipulating manner in which a layman can easily be affected with lack of knowledge. His answer will be quoted first followed by the reply. To read his entire article first, click here.

Dr. Zakir Naik wrote:

1. Muslims should be united

Muslims today, are divided amongst themselves. Such divisions are not endorsed by Islam. Islam believes in fostering unity amongst its followers.

The Glorious Qur’an says:

“And hold fast, altogether, by the rope Which Allah (stretches out for you), and be not divided among yourselves.” [Al-Qur’an 3:103]

Which is the rope of Allah that is being referred to in this verse? It is the Glorious Qur’an. The Glorious Qur’an is the rope of Allah which all Muslims should hold fast together. There is double emphasis in this verse. Beside saying ‘hold fast all together’ it also says, ‘be not divided’.

Taqleed and following of an Imam has not broken unity. In the Haramayn, it is the Muqallideen who read together and coexist peacefully whereas the ones who are strictly against it decide to make their own gatherings, Jamaa’ah and also groups.

My question: who has broken unity? A Muqallid or a person with his own views of Deen?

Dr. Zakir Naik wrote:

The Qur’an further says,

“Obey Allah, and obey the Messenger” [Al-Qur’an 4:59]

All the Muslims should follow the Qur’an and authentic Ahadith and ensure that they are not divided among themselves

Why is the remaining verse of the Holy Qur’aan forgotten?

“O you who believe! Follow Allah; follow the Messenger and those of authority (Amr) amongst you.” (Surah al-Nisaa Verse 59)

Abdullah ibn Abbas (ra) says that in this verse, ‘Amr’ refers to the jurists. This explanation is narrated from Mu’aawiyah ibn Salah from Ali ibn Talhah which is a sound chain, Al-Itqaan)

The verse continues, “And if you dispute, then refer to Allah and the Messenger if you really do believe in Allah and in the last day. (Surah al-Nisaa Verse 59)

Allah’s statement subsequently “if you dispute…” proves that those of Amr are indeed jurists because He has ordered everyone else to follow them and then proceed to say that “if you dispute..” Hence Allah has ordered those of Amr to refer the disputed issue to the Book of Allah the traditions of the Prophet. The lay person would be unaware of how to refer the disputed issue to the Book of Allah and to the Sunnah and how their proofs would apply to the situations and events. Thus, it is established that the second command, is for the scholars. (Ahkaamul Qur’aan, vol 2, pg 257)

My question: Why state quarter of the verse as proof for not following scholars when the remainder of the verse denies your claim?

Dr. Zakir Naik wrote:

2. It is prohibited to make divisions in Islam.

The Glorious Qur’an says:

“As for those who divide Their religion and break up Into sects, you have no part in them in the least: Their affair is with Allah: He will in the end tell them the truth of all that they did.” [Al-Qur’an 6:159]

In this verse Allah (swt) says that one should disassociate oneself from those who divide their religion and break it up into sects.

But when one asks a Muslim, “who are you?” the common answer is either ‘I am a Hanafi or Shafi or Maliki or Hanbali. Some call themselves ‘Ahle-Hadith’.

When a non-Muslim asks, “who are you?” the common answer is “I am a Muslim”
When a Muslim asks, “who are you?” the common answer is, “son of so n so” or “I am a Gujrati/Pakistani/Malaysian” etc. Does this mean that to be a Pakistani is being guilty of the people mentioned in this verse?

I, till today, have not heard “I am a Hanafi” or “Shaafi’ee” being the answer to “who are you?”

Furthermore, Taqleed has not created divisions. This is grave misconception. Ahlus Sunaah Wal Jamaa’ah are proud to follow the Sahaabah. The Islam of the Sahabaah was the complete Islam. They saw Nabi (s) and they saw the Qur’aan in him. The understandings of the Sahaabah is our understanding.

There were differences of opinion in the Sahaabah too. Ibn Abbas (ra) narrates that ‘Umar ibn Khattab gave a sermon at Jabiyah and said, “O people! If you want to know about the Qur’aan, go to ‘Ubaid ibn Ka’b. If you want to know about inheritance, go to Zaid ib Thaabit. If you want to about Fiqh, go to Mu’aadh ibn Jabal. If you want to know about wealth, then come to me for Allah has made me a guardian and a distributor. “ (Tabarani)

We hear it all the time, “oh you follow them, but we follow Qur’aan & Sunnah.” Those who claim to follow the Qur’aan & Sunnah as understood by themselves, please take a moment to observe the following.

Salim ibn Abdullah narrates that Abdullah ibn ‘Umar was asked about a person who owed another person some money and had to pay the load at a fixed time. The creditor then agrees to forgive a portion of the load if the debtor pays before the deadline. Ibn ‘Umar disliked this agreement and forbade it. (Muwatta Imam Malik)

There is no explicit Hadith of the Prophet which has been offered as proof nor was any proof sought from Ibn ‘Umar (ra). It is evident that this ruling was a personal judgement of Ibn ‘Umar.

Abdur Rahmaan narrated that he asked Ibn Sireen about entering public baths. Ibn Sireen said that ‘Umar used to dislike the idea. (Mataalibul ‘Aaliyah by Hafiz Ibn Hajar)

Ibn Sireen, who was one of the most learned followers of the Companions, did not mention any proof except to say that ‘Umar used to dislike the idea.

This is despite the fact that there are several Ahadeeth regarding the issue of public baths.

There are plenty more examples available. Now my question: Who is causing the division? The one who follows a jurist like the Sahaabah and those who followed them did? Or the ones who are breaking all bonds and ties from the people of authority, the people of knowledge and telling everyone not to follow those of authority and to follow only Qur’aan & Sunnah no matter how you understand it? Who is this verse more likely to refer to?
Dr. Zakir Naik wrote:

3. Four Schools of Thoughts

The Islamic world has produced several learned Islamic scholars (Imams), but out of these, four became more famous and their teachings spread in different parts of the world.

It is a misconception that a Muslim should follow any one of these four schools of thoughts i.e. Hanafi, Shafi, Hanbali or Maliki. There is no proof whatsoever in the Qur’an or any authentic Hadith that a Muslim should only follow one of these four Imams.

‘Umar Ibn Khattab (ra)’s sermon at Jabiyah in which mentioned who to go to for which subjects is also not mentioned in the Qur’aan. It is very easy to say “it is a misconception,” maybe if the conception was mentioned, the misconception would not remain. To avoid the possibility of contradictions amongst the scholars of differing Ijtihad over a primary source, the laity were encouraged to follow only one Madhhab and Mujtahideen instead of referring to several. This idea gained domination during the 3rd and 4th century AH. One of the most important reasons for this was that a person can not take the judgement which suits his desires best. According to some jurists for example, Talaaq (divorce) takes place whereas according to some, it doesn’t. Most people will no doubt follow the jurist which suits their desire best.

Following desires to the extent that they believe Halaal to be Haraam and Haraam to Halaal is disastrous. Disobedience of this nature is fatal and makes religion and law mere shame. For this reason, the acceptance of following only one Madhhab has successfully continued for around 11 centuries in the majority of Muslims. Furthermore to proudly state its acceptance in the eyes of Allah that it is the scholars of Ahlus Sunnah Wal Jamaa’ah, those who do follow the Qur’aan, those who do follow the Sunnah, those who do follow the two as understood by the Sahaabah and those who do follow an Imam are those who Allah has accepted to lead prayers in the Haramayn Shareefayn.

My question: Is Qur’aan & Sunnah your only source of making judgements? If yes, why did the Sahaabah not ask for proof from Qur’aan & Sunnah? Why did some Sahaabah refer to other Sahaabah for rulings? Were they not learned enough?
Dr. Zakir Naik wrote:

4. Respect all the Great Scholars of Islam.

We must respect all the great scholars of Islam, including the four Imaams, Imam Abu Hanifa, Imam Shafi, Imam Hanbal and Imam Malik (may Allah be pleased with them all). They were great scholars and may Allah reward them for their research and hard work. One can have no objection if someone agrees with the view and research of any one or more from these four great scholars of Islam.

Again, please refer to following rulings which suit the desires under number 3. I see no other reason why one would object to their ruling.

Dr. Zakir Naik wrote:

5. All Four Imam said follow the Qur’an and Sunnah.

All the four great Imams said that if any of their Fatwas or teachings contradict Allah’s word, i.e. the Qur’an, or the sayings of the Prophet (pbuh) i.e. authentic Hadith, then that particulars Fatwa of theirs should be rejected, and the Sunnah of the Prophet should be followed.

To give you an example in this context – Imam shafi said that when a women touches a man who is in a state of wudhu, the wudhu of the man breaks. However, this ruling of Imam Shafi contradicts the authentic saying of the Prophet.

Narrated Aisha
The Prophet (may peace be upon him) kissed one of his wives and went out for saying prayer. He did not perform ablution. (Sunan Abu Dawood Vol. 1 Chapter No. 70 Hadith No. 179)

Thus this particular teaching of Imam Shafi contradicts the authentic saying of the Prophet. So I reject this specific ruling of Imam Shafi who himself said , “ If I say something, then compare it to the Book of Allah and the Sunnah of His messenger and if it agrees to them, then accept it and that which goes against them, then reject it and throw my saying against the wall” – This is a saying of ash-Shafi’ee-rahimaullah. See Al-Majmoo’ of an-Nawawee (1/63).

Thus by rejecting this particular teaching of Imam Shafi which contradicts the authentic Hadith, I am practically a better follower of Imam Shafi than those who call themselves ‘Shafi’.

The response to this is; This is the opinion of Ibn ‘Umar and some other Sahabah. However, when the Sahabah disagree in a matter, their statements are not a proof unless proof is brought from the Sunnah of the Prophet Muhammad (s). As we stated before, Ibn ‘Abbas and the reports from ‘Aa’ishah contradict the opinion of Ibn ‘Umar and those with their opinion. Thus, the opinion of Ibn Umar is not accepted unless supported with proof from the mouth of the beloved Messenger Muhammad (s). This topic itself is a lengthy topic in which one can not lightly accuse Imaam Shafi’ee (Rahimahullah) of going against a Hadeeth.

Furthermore, everyone learning Ahadeeth and extracting rulings from them in the light of Qur’aan is unreal and somewhat impossible. Not many if not all have the ability to do so. Therefore, to say one can follow a different ruling if they find a Hadeeth which contradicts it, is absurd for a common person.

Bearing in mind, does a common person have enough knowledge to know that there is no other stronger Hadeeth that this ruling? Does the layman have enough knowledge to understand why Imam Shafi’ee uses that Hadeeth as Hujjah and Imam Abu Hanifah uses this?
Dr. Zakir Naik wrote:

Similarly in practice, I claim to be a better follower of Imam Abu Hanifa than those who call themselves ‘Hanafi’. I claim to be a better follower of Imam Hanbal than those who call themselves ‘Hanbali’. I claim to be a better follower of Imam Malik than those who call themselves ‘Maliki”. If being a ‘Ahle-Hadith’ means following Qur’an and authentic Hadith then I claim to be a better follower of the Qur’an and authentic Hadith than those who call themselves ‘ Ahle-Hadith’. All these are mere labels (Hanafi, Shafi, Hanbali, Maliki, Ahle-Hadith) that are not endorsed by the Qur’an or the Sahih Ahadith.

The only label or title given by the Qur’an and the Sahih Ahadith is MUSLIM.

Very easy to fall for this last statement, yet the solution and answer is even easier. A Muslim is a person who believes in one Allah and believes in Muhammad (s) as the final Messenger. A Hanafi, Shafi’ee, Hanbali, Maliki does not come contradictory to MUSLIM. As the meaning of Hanafi is not the opposite of what makes a person MUSLIM. Being a Hanafi does not take the Shahaadah away from a MUSLIM. In fact, the following (Number 6) helps.

Dr. Zakir Naik wrote:

6. All the Groups have sub divisions

I personally have no objection if someone calls himself Hanafi, Shafi, Hanbali, Maliki or Ahle Hadith. People give different labels to themselves to identify which set of teachings they prefer to follow and to disassociate themselves from those people who follow wrong practices. From history we come to know that all the labels given to different groups, at a later stage the people from that group themselves did not follow their teachings and made new sub-groups. Therefore in all the groups you find a sub-division.

But as far as giving a label to identify what a person practices in Islam is concerned, there can not be better label than what Allah (swt) has given i.e. a Muslim.

We have never labelled ourselves as an entirety ‘Hanafi’ or ‘Shafi’ee’. But to use it to deny Taqleed is using false logic and inaccurate claims. Every title or label has its position. If a person says, “I am a MAN”, does this change the fact that he is a Human? The Qur’aan and Hadeeth says we are ‘son of Adam’, does this mean we can’t say we are son of our blood father? When one can claim that this logic is out of context, then how can saying, ‘I am a Hanafi’ hence not MUSLIM as the Qur’aan labels us be true logic?

Dr. Zakir Naik wrote:

7. Our Prophet was a Muslim

“Who was our beloved Prophet (pbuh)? Was he a Hanafi or a Shafi, or a Hanbali or a Maliki ?” No! He was a Muslim, like all the other Prophets and Messengers of Allah before him.

This is enough to show the desperateness of trying to deny Taqleed. Was Imam Abu Hanifah , Imam Shafi’ee, Imam Ahmad or Imam Malik before our Prophet (s)? A Muslim is a person of Islam. Unless Hanafi, Shafi’ee, Hanbali or Maliki is a religion, one can not use the above to clarify anything which is trying to be proven. The entire context is off track.

Dr. Zakir Naik wrote:

It is mentioned in chapter 3 verse 52 of Al-Qur’an that Jesus (pbuh) was a Muslim.

Further , in chapter 3 verse 67, Al-Qur’an says that Ibrahim (pbuh) was not a Jew or a Christian but was a Muslim.
To clarify my above point, I use this quote of Doctor Zakir Naik. Here he has put a MUSLIM in oppose to Christian or Jew. Christianity and Judaism are religions, so this can be used to prove Jesus was a Muslim. Hanafi or Shafi’ee etc is not a religion, it is mere ignorance to use this out of such context.

InshaAllah I will not have to use any more Qur’aan, Hadeeth, Logic or doctor Zakirs own statements to answer the following as InshaAllah one will be able to understand his lack of awareness by reading his following proofs.
Dr. Zakir Naik wrote:

8. Qur’an says call yourselves Muslims

There is no Qur’anic verse or any authentic Hadith that says you should call yourselves Hanafi, Shafi, Hanbali, Maliki or Ahle Hadith.

If anyone poses a Muslim the question who are you, he should say “I am a Muslim, not a Hanafi or a Shafi or a Ahle-Hadith”.

In Surah Fussilat chapter 41 verse 33 Allah (swt) says: “Who is better in speech than one who calls (men) to Allah, works righteousness, and says, ‘I am of those Who bow in Islam (Muslim)?’ “[Al-Qur’an 41:33]

The Qur’an instructs, “Say: I am of those who bow in Islam”. In other words, say, “I am a Muslim”.

The Prophet (pbuh) dictated letters to non-Muslim kings and rulers inviting them to accept Islam. In these letters he mentioned the verse of the Qur’an from Surah Al Imran chapter 3 verse 64:

Say ye: “Bear witness that we (at least) are Muslims (submitting to Allah’s Will).”[Al-Qur’an 3:64]

9. Lip Service Muslims

Allah knew that even in the Muslim Ummah there will be many people who claim to be Muslims (i.e. claim to submit their will to Allah) but practically will not follow Allah’s commands.

Allah refers to such people in the Qur’an as lip service Believers (Al Qur’an 5:41). Thus we can conclude that those who claim to be Muslims but do not follow Qur’an and Sunnah are Lip-Service Muslims. Those who follow the Qur’an and authentic Hadith should not change their label, and stick to the best label given by Allah (swt) i.e. Muslim and which the Prophet also called himself.

This verse is being used once again against the Muqallideen. This time, the Muqallideen are said to not be following the Qur’aan & Sunnah.

Imagine giving a person the Qur’aan, the Ahadeeth and then saying, live your life according to these rulings. Will that person be able to understand what the Qur’aan means by Quroo’ in the verse where Allah says, “And those women who are divorced should wait for three Quroo’”?

And what type of (Mukhaabarah) will he know or understand in the Hadeeth where Nabi (s) said, “Whoever does not stop the practice of Mukhaabarah should hear the proclamation of war (against him).”? (Mukhaabarah is a certain type of farming. There were several forms of Mukhaabarah practiced) The Hadeeth is fairly general, how would a lay person distinguish between the permitted ones and the forbidden one?

Then there’s one Hadeeth which says, “Whoever has an Imaam, then the Imaam’s recitation is his recitation.” On the other hand, another Hadeeth says, “There is no Salaah for he who does not recite the Faatihah.” How would a common person which Qur’aan and Hadeeth be able to choose which Hadeeth to follow, or what is the middle route, or does it refer to something else, or was the Hadeeth for a particular event only? Obviously one is will have to turn to a learned jurist who has mastered himself in these issues and whom Allah (swt) has blessed unrecognizable wisdom. So when the person asks this jurist/imam, is he now following the Imaam or Qur’aan and Sunnah?

Obviously he is following the Qur’aan and Sunnah as passed on by these scholars as they compiled rulings. And it is common sense that if a person tries to follow all the Madhaahib then he will lead to following the rulings which suit him best.

My question is, who is following a more reliable and sound meaning of the Qur’aan and Sunnah and who is taking literal and incomplete perceptions of the Qur’aan and Sunnah. The obvious answer would be the one who chooses to follow a Madhhab is safer from making his own meaning of Deen whereas following a Madhhab is actually following a sound understanding of Qur’aan and Hadeeth.
Dr. Zakir Naik wrote:

10. The Prophet had said that there would be 73 sects.

Some may argue by quoting the Hadith of our beloved Prophet, from Sunan Abu Dawood Hadith No. 4579. In this Hadith the Prophet (pbuh) is reported to have said, “My community will split up into seventy-three sects.”

This hadith reports that the prophet predicted the emergence of seventy-three sects. He did not say that Muslims should be active in dividing themselves into sects. The Glorious Qur’an commands us not to create sects. Those who follow the teachings of the Qur’an and Sahih Hadith, and do not create sects are the people who are on the true path.

According to Tirmidhi Hadith No. 171, the prophet (pbuh) is reported to have said, “My Ummah will be fragmented into seventy three sects, and all of them will be in Hell fire except one sect.” The companions asked Allah’s messenger which group that would be. Where upon he replied, “It is the one to which I and my companions belong”.

The answer of Nabi (s) is so strong and true in its wisdom. He did not say, “It is the one who follows Qur’aan & Sunnah.” He said, “It is the one to which I and my companions belong.” Note, the Sahaabah are mentioned. The Sahaabah passed on the true Islam to the Tabi’een. When the Tabi’een followed the Islam of the Sahaabah, they are included in that sect. Now will you say that the Tabi’een aren’t because they followed the Sahaabah and not the Qur’aan and Sunnah? The Tabi’een turned to certain Sahaabah and similarly the Tab’ Tabi’een turned to certain Tabi’een for certain issues. Why did they not look directly into Qur’aan and Hadeeth?

A Madhhab is a compilation of rulings, an understanding of Fiqh related issues. The Islaam we follow is the Islaam of the Sahaabah. Do we have a better understanding of Hadeeth and Qur’aan than these great scholars? If one does, they can feel free to be a Mujtahid and have their own Fiqh. As for those who follow a Madhhab, they are following the Islaam of the Sahaabah.
Dr. Zakir Naik wrote:

The Glorious Qur’an mentions in several verses, “Obey Allah and obey His Messenger”. A true Muslim should only follow the Glorious Qur’an and the Sahih Hadith. He can agree with the views of any scholar as long as they conform to the teachings of the Qur’an and Sahih Hadith. If such views go against the Word of Allah, or the Sunnah of His Prophet, then they carry no weight, regardless of how learned the scholar might be. A true Muslim will not follow any ruling or teaching of any great scholar of Islam if that particular ruling or teaching contradicts the Qur’an and Saheeh Hadith.

Thus, the only school of thought that a Muslim should follow, is that of Prophet Muhammad (pbuh). The only Madhab that a Muslim should follow, is the Madhab of Prophet Muhammad (pbuh). And Allah knows the Best.

By saying the only school of thought you should follow is Prophet Muhammad, you have clearly showed that you do not understand the meaning of “school of thought.” A school of thought is a doctrine, The point of view held by a particular group (dictionary) a set of ideas or opinions which a group of people share about a matter (Cambridge).

The Islaam of Nabi (s) was not a ‘point of view.’ It was the true Islaam in its state. When the narrations varied after the Sahaabah, that is when the need for school of thoughts emerged. That is when a strong opinion was required. A common person can not conclude the Deen with his own understandings.

[END OF ARTICLE AND ANSWERS]
The following questions were posed very nicely upon the above reply:

Questioner wrote:

Brother mash’Allah nice points. I’m guessing that you beleive in madhabs and that we should follow them?let me ask you on what basis?Does following a madhab go against the teachings of Rasulullah?Brother if you have a problem with the statement made by our honorable Zakir Naik then oh well.Till now brother mash’Allah nice points,but what you said is the same exact thing people say to approve of madhabs.Why is this?

Reply:

Questioner wrote:

I’m guessing that you beleive in madhabs and that we should follow them?let me ask you on what basis?

On the basis that the Muslims of early years were more knowledgable, more pious and less affected by Shaytaan than us. If you have the ability to extract rulings from Qur’aan in the light of Ahadeeth so it does not contradict other Ahadeeth being aware of the chains of narrations making sure that when you take one Hadeeth for the ruling, the other Hadeeth is not rejected and a valid reason is available, if you are able to distinguish between different terms used for the same ruling or the same word used in different context for multiple rulings, if you are able to distinguish between a weak chain and a sound chain of narrations, if you are able to distinguish between rulings which were permitted for a certain period of time, if you are able to do all this and more then by all means, Taqleed is not for you.

Now ask yourself, are we capable of even 1% that they spent their entire lives on? If everyone becomes this, what will happen to Muslims? The entire Muslim world will differ in rulings and the entire Muslim population will be stuck in books their entire lives.

Now you tell me, on what basis should we not follow a Madhhab and on what basis should we reject what has been a successful way of life from the time of Sahaabah. Like i said above in reply to Dr Zakir Naik, even the Sahaabah (ra) followed other Sahaabah in Fiqh matters and did not look into Qur’aan & Hadeeth as the Sahaabah they followed in the matter knew the ruling better than them. They did not ask for proof in differences of opinions like we do.

Questioner wrote:

Does following a madhab go against the teachings of Rasulullah?

Following a Madhhab is securing oneself to following a steadfast Fiqh instead of a purpose driven misunderstood perception of what a person makes of Ayaat and Ahaadeeth.

Questioner wrote:

Brother if you have a problem with the statement made by our honorable Zakir Naik then oh well.

Ironic that you used the word honorable. In your honor for him, you have forgotten that he dishonored all the verses I mentioned, the Ahadeeth and events of the Sahaabah i mentioned above and also the ways of the Muslims since the 3rd century AH. I’m afraid he lost all his honor upon this one article. This doesn’t change the fact the he speaks very good intellectual things. But once he talks about ‘Aqaaid or Taqleed, I can’t but help feel sorry for him as do many scholars and highly respected and learned Ulamaa-e-Kiraam.

Questioner wrote:

Till now brother mash’Allah nice points,but what you said is the same exact thing people say to approve of madhabs.Why is this?

What I said is not to approve Madhhabs, to approve Madhhabs, there are much stronger and evident literature available. What I said was a simple answer to everything Dr Zakir Naik has said. Any person attacking Taqleed with Qur’aan and Hadeeth can be answered with their own statements because all their statements are incomplete and very easy to be blinded to a simple minded person.

“The Legal Status of Following a Madhab” by Chief Justice Mufti Muhammad Taqi Usmani is a book i recommend. If any, read this inshaAllah at the least. If you still do not agree then Innallaha Yahdee Man-Yashaau Wa Yudhillu Man-Yashaa.

And Allah knows best.

The article itself
The following is his entire article article. One can easily notice how he manipulates the mind in thinking that Taqleed holds no value.
Dr. Zakir Naik’s Original Misleading Article
1. Muslims should be united
Muslims today, are divided amongst themselves. Such divisions are not endorsed by Islam. Islam believes in fostering unity amongst its followers.

The Glorious Qur’an says:

“And hold fast, altogether, by the rope Which Allah (stretches out for you), and be not divided among yourselves.” [Al-Qur’an 3:103]

Which is the rope of Allah that is being referred to in this verse? It is the Glorious Qur’an. The Glorious Qur’an is the rope of Allah which all Muslims should hold fast together. There is double emphasis in this verse. Beside saying ‘hold fast all together’ it also says, ‘be not divided’.

The Qur’an further says,

“Obey Allah, and obey the Messenger” [Al-Qur’an 4:59]

All the Muslims should follow the Qur’an and authentic Ahadith and ensure that they are not divided among themselves

2. It is prohibited to make divisions in Islam.

The Glorious Qur’an says:

“As for those who divide Their religion and break up Into sects, you have no part in them in the least: Their affair is with Allah: He will in the end tell them the truth of all that they did.” [Al-Qur’an 6:159]

In this verse Allah (swt) says that one should disassociate oneself from those who divide their religion and break it up into sects.

But when one asks a Muslim, “who are you?” the common answer is either ‘I am a Hanafi or Shafi or Maliki or Hanbali. Some call themselves ‘Ahle-Hadith’.

3. Four Schools of Thoughts

The Islamic world has produced several learned Islamic scholars (Imams), but out of these, four became more famous and their teachings spread in different parts of the world.

It is a misconception that a Muslim should follow any one of these four schools of thoughts i.e. Hanafi, Shafi, Hanbali or Maliki. There is no proof whatsoever in the Qur’an or any authentic Hadith that a Muslim should only follow one of these four Imams.

4. Respect all the Great Scholars of Islam.

We must respect all the great scholars of Islam, including the four Imaams, Imam Abu Hanifa, Imam Shafi, Imam Hanbal and Imam Malik (may Allah be pleased with them all). They were great scholars and may Allah reward them for their research and hard work. One can have no objection if someone agrees with the view and research of any one or more from these four great scholars of Islam.

5. All Four Imam said follow the Qur’an and Sunnah.

All the four great Imams said that if any of their Fatwas or teachings contradict Allah’s word, i.e. the Qur’an, or the sayings of the Prophet (pbuh) i.e. authentic Hadith, then that particulars Fatwa of theirs should be rejected, and the Sunnah of the Prophet should be followed.

To give you an example in this context – Imam shafi said that when a women touches a man who is in a state of wudhu, the wudhu of the man breaks. However, this ruling of Imam Shafi contradicts the authentic saying of the Prophet.

Narrated Aisha
The Prophet (may peace be upon him) kissed one of his wives and went out for saying prayer. He did not perform ablution. (Sunan Abu Dawood Vol. 1 Chapter No. 70 Hadith No. 179)

Thus this particular teaching of Imam Shafi contradicts the authentic saying of the Prophet. So I reject this specific ruling of Imam Shafi who himself said , “ If I say something, then compare it to the Book of Allah and the Sunnah of His messenger and if it agrees to them, then accept it and that which goes against them, then reject it and throw my saying against the wall” – This is a saying of ash-Shafi’ee-rahimaullah. See Al-Majmoo’ of an-Nawawee (1/63).

Thus by rejecting this particular teaching of Imam Shafi which contradicts the authentic Hadith, I am practically a better follower of Imam Shafi than those who call themselves ‘Shafi’.

Similarly in practice, I claim to be a better follower of Imam Abu Hanifa than those who call themselves ‘Hanafi’. I claim to be a better follower of Imam Hanbal than those who call themselves ‘Hanbali’. I claim to be a better follower of Imam Malik than those who call themselves ‘Maliki”. If being a ‘Ahle-Hadith’ means following Qur’an and authentic Hadith then I claim to be a better follower of the Qur’an and authentic Hadith than those who call themselves ‘ Ahle-Hadith’. All these are mere labels (Hanafi, Shafi, Hanbali, Maliki, Ahle-Hadith) that are not endorsed by the Qur’an or the Sahih Ahadith.

The only label or title given by the Qur’an and the Sahih Ahadith is MUSLIM.

6. All the Groups have sub divisions

I personally have no objection if someone calls himself Hanafi, Shafi, Hanbali, Maliki or Ahle Hadith. People give different labels to themselves to identify which set of teachings they prefer to follow and to disassociate themselves from those people who follow wrong practices. From history we come to know that all the labels given to different groups, at a later stage the people from that group themselves did not follow their teachings and made new sub-groups. Therefore in all the groups you find a sub-division.

But as far as giving a label to identify what a person practices in Islam is concerned, there can not be better label than what Allah (swt) has given i.e. a Muslim.

7. Our Prophet was a Muslim

“Who was our beloved Prophet (pbuh)? Was he a Hanafi or a Shafi, or a Hanbali or a Maliki ?” No! He was a Muslim, like all the other Prophets and Messengers of Allah before him.

It is mentioned in chapter 3 verse 52 of Al-Qur’an that Jesus (pbuh) was a Muslim.

Further , in chapter 3 verse 67, Al-Qur’an says that Ibrahim (pbuh) was not a Jew or a Christian but was a Muslim.

It is mentioned in chapter 3 verse 52 of Al-Qur’an that Jesus (pbuh) was a Muslim.

Further , in chapter 3 verse 67, Al-Qur’an says that Ibrahim (pbuh) was not a Jew or a Christian but was a Muslim.

8. Qur’an says call yourselves Muslims

There is no Qur’anic verse or any authentic Hadith that says you should call yourselves Hanafi, Shafi, Hanbali, Maliki or Ahle Hadith.

If anyone poses a Muslim the question who are you, he should say “I am a Muslim, not a Hanafi or a Shafi or a Ahle-Hadith”.

In Surah Fussilat chapter 41 verse 33 Allah (swt) says: “Who is better in speech than one who calls (men) to Allah, works righteousness, and says, ‘I am of those Who bow in Islam (Muslim)?’ “[Al-Qur’an 41:33]

The Qur’an instructs, “Say: I am of those who bow in Islam”. In other words, say, “I am a Muslim”.

The Prophet (pbuh) dictated letters to non-Muslim kings and rulers inviting them to accept Islam. In these letters he mentioned the verse of the Qur’an from Surah Al Imran chapter 3 verse 64:

Say ye: “Bear witness that we (at least) are Muslims (submitting to Allah’s Will).”[Al-Qur’an 3:64]

9. Lip Service Muslims

Allah knew that even in the Muslim Ummah there will be many people who claim to be Muslims (i.e. claim to submit their will to Allah) but practically will not follow Allah’s commands.

Allah refers to such people in the Qur’an as lip service Believers (Al Qur’an 5:41). Thus we can conclude that those who claim to be Muslims but do not follow Qur’an and Sunnah are Lip-Service Muslims. Those who follow the Qur’an and authentic Hadith should not change their label, and stick to the best label given by Allah (swt) i.e. Muslim and which the Prophet also called himself.

10. The Prophet had said that there would be 73 sects.

Some may argue by quoting the Hadith of our beloved Prophet, from Sunan Abu Dawood Hadith No. 4579. In this Hadith the Prophet (pbuh) is reported to have said, “My community will split up into seventy-three sects.”

This hadith reports that the prophet predicted the emergence of seventy-three sects. He did not say that Muslims should be active in dividing themselves into sects. The Glorious Qur’an commands us not to create sects. Those who follow the teachings of the Qur’an and Sahih Hadith, and do not create sects are the people who are on the true path.

According to Tirmidhi Hadith No. 171, the prophet (pbuh) is reported to have said, “My Ummah will be fragmented into seventy three sects, and all of them will be in Hell fire except one sect.” The companions asked Allah’s messenger which group that would be. Where upon he replied, “It is the one to which I and my companions belong”.

The Glorious Qur’an mentions in several verses, “Obey Allah and obey His Messenger”. A true Muslim should only follow the Glorious Qur’an and the Sahih Hadith. He can agree with the views of any scholar as long as they conform to the teachings of the Qur’an and Sahih Hadith. If such views go against the Word of Allah, or the Sunnah of His Prophet, then they carry no weight, regardless of how learned the scholar might be. A true Muslim will not follow any ruling or teaching of any great scholar of Islam if that particular ruling or teaching contradicts the Qur’an and Saheeh Hadith.

Thus, the only school of thought that a Muslim should follow, is that of Prophet Muhammad (pbuh). The only Madhab that a Muslim should follow, is the Madhab of Prophet Muhammad (pbuh). And Allah knows the Best.