ummtaalib

For E.g. 1. You should memorize all the Sunnah duas for each and every action – the Duas before eating; the Duas after eating, the Dua before entering the Masjid; the Dua before leaving the Masjid, the Duas before sleeping 2. In addition to that, before performing any action you should make a Niyyah in your heart. Link every action you do to Allah سبحانه وتعالى For e.g. When you recite the dua before eating – Bismillahi wa ‘ala barakatillah. At the same time, link that act of eating to Allah swt, and make this intention that, ‘O Allah swt! I’m eating this food with the intention that I will get enough strength from this food; I will get enough nourishment from this food so that i can use this strength and nourishment in Your ibadah; in Your worship; in Your Dhikr; in Your remembrance. So, each and everything you do, while you recite the Sunnah Dua that is affiliated with that action, you can alongside make a niyyah that somehow joins that action to Allah swt. 3. When you sleep and recite the Sunnah dua before sleeping, “Allahumma bismika amootu wa ahya”; at the same time make a niyyat, link that act of sleeping back to Allah سبحانه وتعالى. Say that, ‘O my Allah سبحانه وتعالى ! I lay myself down to sleep, so that I may get enough rest from sleeping so that I may rise fresh in Your ibadat, so that I may rise for Tahajjud; so that I can remember you at these special times. So, each and everything in your life, whether it is a worldly thing or a religious thing – you should make an intention for it and link that intention back to Allah swt. And this will be a test for you that anything that you cannot make an intention; anything in your life that you cannot link to Allah سبحانه وتعالى – know that it has some level of sin; that thing has some level of ghaflah; that thing is somehow keeping you away from Allah سبحانه وتعالى. Because through the best of your ability, you cannot link it to Allah سبحانه وتعالى, it means that that thing is clearly a ghairullah; that thing is other than Allah سبحانه وتعالى ; that thing will make you distant from Allah سبحانه وتعالى ; that thing will distract you from Allah سبحانه وتعالى. So, each and every thing in your life, you have to link it to Allah سبحانه وتعالى. contd..

To do Wuqoof-e-Qalbi means that you focus your attention on your heart and then you focus your heart on Allah سبحانه وتعالى. So, the first thing is that you have to be aware that you have this heart inside of you, untill you know the importance of the heart, you will even forget that you have a heart inside of you. So many ayahs of Qur’an-e-Karim and Ahadith instill the importance of our heart, so if you know that you have this valuable precious thing inside of you then you should focus your attention on your heart through out the day and then focus your heart on Allah سبحانه وتعالى. contd.. And, the way to do this is to think about Allah سبحانه وتعالى at all times. This Dhikr-e-Kaseer; this 24-hour Dhikr, it just means to think about Allah swt; to remember Allah swt at all times. Anything that comes in front of you through out the day, anything that you do – you have to make it a means of remembering Allah سبحانه وتعالى E.g. If you’re doing something with your family, then while you are with your family look at them and view them as a blessing of Allah swt and immediately that will lead you to remember Allah swt Everything that you do you have to seek a means of making it a way for you to think about Allah swt. We are exactly the opposite. - If we sit in the Masjid, we find some means to think about the Dunya; if we are standing in Salah, some way our Nafs finds something to think about the world; If we are reading our Qur’an, our Nafs finds someway to make us think about the world. So, just like the Dunya is so overpowering on us that we are always thinking about it – Wuqoof-e-Qalbi means that you have to make Allah swt overpowering in your life. You have to bring Allah سبحانه وتعالى back into your life. You have to reconcile that distant Lord. You have to stay away from those things that keep you from Allah swt – so through out the day, each and every thing that comes in front of you, you should use it as a means to think about Allah swt. One of the things that the Mashaikh prescribe to assist you in this is that for everything you do, you must form a Niyyah; an intention.

Hazrat Shaikh Mufti Kamaluddin Sahab (db) on Wuqoof e Qalbi وَالَّذِينَ جَاهَدُوا فِينَا لَنَهْدِيَنَّهُمْ سُبُلَنَا وَإِنَّ اللَّهَ لَمَعَ الْمُحْسِنِينَ [29:69] سُبْحَانَ رَبِّكَ رَبِّ الْعِزَّةِ عَمَّا يَصِفُونَ وَسَلَامٌ عَلَى الْمُرْسَلِينَ وَالْحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَ [37:180-182] Wuqoof-e-Qalbi means to remember Allah سبحانه وتعالى all the time. This word, “Wuqoof” comes from the word “waqf” which means “To Pause”. So, Wuqoof-e-Qalbi means to pause your heart; to maintain your heart; to still-stop your heart on the remembrance of Allah swt – to not let your heart deviate; to not let your heart go astray into the thoughts of ghairullah (anyone other than Allah swt) but to pause your heart on the remembrance of Allah swt. Allah سبحانه وتعالى has Given us this ability that if we want to, we can keep something in our heart at all times – we can keep a thought running in our background at all times. E.g. 1. If someone’s wife tells him to go get vegetables from the market, and he goes to the market but on the way he finds a friend so he stops on the way and starts talking with his friend – but all the time he remembers that my original purpose to get out of the house was to get the vegetables. He won’t forget that he has to get the vegetables, when he leaves his friend he will go get the vegetables. This shows that Allah swt ability to do two things at once – on one hand he was talking to his friend and inside his heart he was thinking that he has to get the vegetables. 2. Just like that when a student has any exam coming up -whether its a madressa exam or college exam – when the exam is one week away, that student is in an examination-mode! Every second of the day he knows that his exam is coming up; that his examination is looming on top of him – he might be stopping to eat something; drink something; he might be driving on the way to the library – but every second he knows that I have this exam coming up. So, this means that a person has this ability to process something at the background. Just like in a computer, you have windows. Windows is the operating system, it is always running at the background no matter what programs you put over it windows never stops functioning its always there in the background – just like that a true believer in his heart always remembers Allah swt. No matter what he is doing, he has a cord attached from his heart to Allah swt This is why our Mashaikh say that that moment in which a person forgets Allah swt it is as if he is a kaafir! Because if you open up his heart – its empty and if you open up the heart of a kaafir, its also empty(of the remembrance of Allah swt). So, the only difference between us and a kaafir is of the remembrance of Allah swt. Now, how to do this Wuqoof-e-Qalbi? How can we practically focus our heart on Allah swt? contd..

Coming out of Ihraam due to Unforeseen Circumstances Q: What is the shar’i ruling regarding a person who tied his Ihraam for Haj or Umra but due to illness or any other unforeseen circumstance he was unable to travel? How will he come out of Ihraam? A: He should appoint someone to slaughter a damm on his behalf in the precincts of the Haram. Once the animal is slaughtered he will come out of Ihraam. ( إذا أحصر بعدو أو مرض ) أو موت محرم أو هلاك نفقة حل له التحلل فحينئذ ( بعث المفرد دما ) أو قيمته فإن لم يجد بقي محرما حتى يجد أو يتحلل بطواف وعن الثاني أنه يقوم الدم بالطعام ويتصدق به فإن لم يجد صام عن كل نصف صاع يوما ( والقارن دمين ) فلو بعث واحدا لم يتحلل عنه ( وعن يوم الذبح ) ليعلم متى يتحلل ويذبحه ( في الحرم ولو قبل يوم النحر ) خلافا لهما … ( و ) يجب ( عليه إن حل من حجه ) ولو نفلا ( حجة ) بالشروع ( وعمرة ) للتحلل إن لم يحج من عامه ( وعلى المعتمر عمرة ) وعلي ( القارن حجة وعمرتان ) إحداهما للتحلل ( الدر المختار 2/590-593 ) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)

Allah’s Messenger Sallallaahu Alayhi Wa Sallam said, “Divorce is the most hated of all lawful (halaal) things in the sight of Allah” (Sunan Abu Dawud, no. 2178). Question Could I please have more information with regards to Shariah around the custody of children if a couple has gone through Talaaq and western divorce? (Questions published as received) Answer If and when a marriage unfortunately comes to an end, the problems of the parties involved should not in any way affect the children. Children are a trust (amanah) from Allah and they should be treated and looked after in a proper manner. They have many rights, of which two are of utmost importance: to receive proper care and love, and the other proper upbringing (tarbiyah). These rights of a child cannot be fulfilled except with the joint endeavour of the parents. The love, care and attention of the mother is just as important as the upbringing and training of the father. In light of the above, divorce should definitely be avoided as much as possible, especially in the case where children are involved. However, if divorce did take place, and both parties demand their rights, then the right of custody will be in the following way. In should be remembered here that there is nothing wrong in making a mutual arrangement, as long as there is no objection from those who have a right to custody. The mother has a right of custody for a male child until the child is capable of taking care of his own basic bodily functions and needs, such as eating, dressing and cleaning himself. This has been recognized at seven years of age. (Shaami) In the case of a female, the mother has this right of custody until she reaches puberty. This has been declared at nine years of age. (al-Mawsili, al-Ikhtiyar li ta’lil al-mukhtar) The reason for this is that, in the early years, the mother is more suitable for raising the young child (regardless of sex) with love, mercy, attention, and motherly care. The male child after reaching the age of understanding (7) is in need of education and acquiring masculine traits, which is why he is then transferred to the father. The female child, after reaching the age of understanding is in need of being inculcated with female traits, which she receives by living with her mother. After reaching puberty, she is in need of protection which the father offers. However, the custody of either of the parents can be revoked should staying with him/her be detrimental to the child’s upbringing. It should also be remembered that after the transferral of custody from the mother to the father, the boy remains in the custody of the father until puberty, at which point, if he is mature and wise, he is free to choose with whom to live, or to live on his own. As for the girl, custody remains with the father until she marries. Irrespective of who (mother/father) has the rights of custody, the other party has visitation rights according to mutual understanding and consent. Generally, the party having the rights of custody uses the child as a weapon to punish the other party by depriving them of visitation rights. This is totally against the concept of Islam and a grave sin. It is also very harmful to the child. At all times, the father of the child is responsible for maintaining the child; in the case of a female, until she marries; while in the case of a healthy male, until he reaches maturity. In the case of a disabled child (male or female) the father is permanently responsible. When the mother has the rights of custody but does not have a shelter to stay in with the child, the father must provide shelter for both. (Shaami) And Allah Knows Best Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians

Having difficulty dealing with children has become a widespread phenomenon. Many parents seem to be quite at loss when it comes to enforcing good morals in their children. Research has shown that some parents use fruitless styles to achieve this goal. There are certain common mistakes parents make in bringing up their children -- both boys and girls. Parents may commit these mistakes out of either ignorance or negligence, despite meaning well. Ultimately, these parenting mistakes have negative repercussions on the righteousness and good qualities of the children. The following are some of these mistakes: Rebuking children for every error: Despising and rebuking the child for every mistake he commits, in a way that makes him feel humiliated and inferior. This is a great mistake committed by some educators. The right way is to warn the child gently and leniently, and convince him why he should avoid his wrong behavior. Reprimanding children publicly: If the educator feels the need to reprimand the child or admonish him, this should not be done in front of his siblings or friends; rather he should advise him alone. Punishing children too harshly: Punishing children too harshly is a big parenting mistake. Researchers studying child behavior state that discipline is effective only when it is mild. For example, "time out" should not be for more than a few minutes, and depriving the child from some of his privileges should not be prolonged beyond one day. Excessive pampering: Excessive pampering of the child and showering affection -- especially by the mother -- will lead to serious consequences on the child's psyche and his behavior. It will increase his diffidence, make him introverted, increase his fear, weaken his self-confidence, and make him lag behind his peers. Delaying the process of education: The idea of disdaining and neglecting the early education of the child is completely wrong. The process of educating the child and guiding him should start immediately after weaning. Parents should start directing the child, guide him, command him to do certain things and not to do others, promise to reward him and threaten to punish him, and inculcate the love of good deeds and hatred of bad ones. Accustoming children to laziness: Another aspect of parenting mistakes is when the mother, as a kind of mercy and kindness towards her child, does not allow him to take up activities and chores that he is capable of doing. This mistake makes the child lose his spirit of cooperation with the family in all aspects of life, especially in the sphere of performing his duties in service of the household. This causes the child to be dependent on others, lose his self-confidence and accustoms him to laziness. Being overprotective: Some mothers commit another mistake by not letting the child stray far from her eyes even for a moment, fearing that he will be harmed. In fact, such over-protectiveness harms the child and does not benefit him. Treating children unjustly: Favoring some children over others, whether in giving gifts or in kind treatment or in love, is another great mistake. Parents should be fair and just with their children. Disparaging children: Disparaging children by silencing them or making fun of them when they talk and express themselves is another mistake. Consequently, the child will be less confident, less courageous in talking and expressing himself, and more shy in front of people. Disregarding their feelings: Children need to be able to examine their feelings about things. One of the most common mistakes parents make is disregard their children's feelings - by telling them not to cry, for example. A better way to approach such a case is to show compassion towards them by letting children know that you know how they feel. Compromising established rules: If parents make rules, the need to be ready to enforce them. Parents are not expected to set military standards for discipline for their children, but children should know that when parents say "No" it certainly means nothing else but "No". When kids learn that parents will not give in to their fits, they will simply stop throwing them. Setting a bad example: Finally, committing forbidden acts in front of children like smoking, listening to music or watching movies is another vital mistake. Undoubtedly, this makes the parents and the educators bad examples to children. islamweb

Question I want to know the difference between ‘hadith and qiyas’ Answer Islamic jurisprudence is based on 4 fundamental principles. Quran Hadith Ijma’a (consensus) Qiyaas (Analogy) One should remember that not every ruling can be found in the Quran and hadith. Quran and hadith are the roots of sharia. Everyday a new Mas’alah arises which is not found in the Quran and hadith. The method of deriving these new Masa’ail is known as Qiyaas. Qiyaas has its rules which are strictly followed. Qiyaas is used for those situations in which there are no rulings found in first 3 principles. So the ruling derived from the first three is then fitted onto the current situation. Qiyaas is there to bring into open some ruling which has its roots in the Quraan/Hadith. Source

Qiyas

Imam Tirmidhi and Imam Abu Dawood have both narrated that when the Prophet sallalahu alaihi wa sallam sent Mu'adh ibn Jabal(ra) to Yemen (as a governor), He asked him: "How will you judge if you are asked to do so?" Mu'adh said: "I will judge according to the Book of Allah(Quran)." The Prophet: "And if you do not find it in the Book of Allah(Quran)?" Muadh: "Then I will judge according to the Sunnah of His messenger." The Prophet : "And if you do not find it in the Sunnah of the Messenger, or in the Book of Allah(Quran)?" Muadh: "Then I will exercise my opinion(Qiyas) and I will not be negligent with it." The Prophet then patted the chest of Mu'adh with his hands and said: "All praise is due to Allah Who has guided the emissary of His Messenger towards that which He guided His Messenger." From the above Hadeeth Muadh ibn Jabal(ra) gives first source as The Book of Allah(Quran). Then he gives the second source as the Sunnah and the third source as ijtehad (Qiyas). There is no Ijma binding on Sahaba(ra) as long as the Prophet(sas) was among them, Sahaba(ra) did Ijma after the prophet sallallaahu 'alayhi wasallam, Sahaba(ra) made Ijma on certain Issues of Islam some of the examples of Ijma of sahaba(ra) is given below.

As far as i've understood it is the method of performing taraweeh in jama'at and completing the Qur'an in the 20 rakat which is Ijma (not the number of rakat)...and Allah ta'ala knows best. EDIT

Yes...i was meant to check that before posting but forgot, sorry from another place

Question Salaams, Please assist me with an explanation to the following. 1. What are the implications of Universal and Local ijma? 2. What is the legal basis of Qiyas? 3. Examples of three cases settled by Qiyas. 4 One example of the application of Ijma JazaakAllah. May Allah Reward you for all your efforts. Amen Answer In the name of Allāh, Most Gracious, Most Merciful Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh We acknowledge receipt of query and your answer follows hereunder; 1. The universal consensus of the scholars of the Muslim community as a whole can be regarded as conclusive Ijma’ as lay down by Ulama of Usul and is binding by early Usuliyeen (scholars of Usul i.e principles of Islamic jurisprudence). The first time, Ijma’ occurred among the Sahabis, companions of the Prophet (Sallallaahu ‘alayhi wassallam). Unanimity of Ulama on an issue of a particular time is a requirement of Ijma’. However Ijma’ initially is to bring unity of Ummah in some matters and enhances the authority of the rule. Ijma’ will also be regarded to be an absolute proof in Shari’ah, to go against an absolute proof of Shari’ah could be of great threat for our Imaan. 2. Examples of Ijma’ are: The second of Jummah. Compilation of the Qura’an in a single manuscript. Prohibition of Muta’ 3. Technically, qiyas is the addition of a Shari’ah value from an original case, or asl,, because the latter has the same efficient root as the former. The original case is regulated by a given text, and qiyas seeks to extend the same textual ruling to the new case. Recourse to analogy is only warranted if the solutions of new cases are not covered by the nusus (Qur’an & Sunnah) or a definite ijma`; otherwise it would be vain to resort to qiyas if the new case could be resolved under a ruling of the existing law. 4. A simple example of qiyas is the ruling of all intoxicants being haraam. In the Holy Quran, Allah Ta’ala orders us to refrain from khamar (wine, alcoholic drinks). So it would clearly appear that the reason for the prohibition is because of the intoxicating effect. Therefore, although not particularly mentioned in the Qura’an and Hadith, all other things which have an intoxicating effect (such as drugs etc.) will be deemed haraam as well due to the verse which prohibits khamar. (Tasheel Usul-ul-Shashi, P. 168, Idaratul Quran) And Allāh Ta῾āla Knows Best Wassalāmu ῾alaykum Ml. Mohammad Ashhad bin Said Correspondence Iftā Student, Mauritius Checked and Approved by: Mufti Ebrahim Desai Dārul Iftā, Madrasah In῾āmiyyah

ok we know from reading the posts that when the sahaba RA did not find any clear ruling from the Qur'an and Sunnah, consultation took place..

Is it Kufr (disbelief) to reject Ijma’? Question Is it kufr to reject something upon which there is ijma’. For example, the death penalty for apostasy. Many Muslims reject this law, and although its not proven from mutawatir ahadith (like stoning), there is still consensus on Answer: In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. There are 3 different levels of Ijmāʿ in terms of transmission: 1) Al-Ijmāʿ al-Mutawātir (Continual consensus) 2) Al-Ijmāʿ al-Mashūr (well known consensus) 3) Al-Ijmāʿ al-Āhādī (solitary consensus)[1] Only the rejection of al-Ijmāʿ al-Mutawātir has the potential to take someone out of the fold of Islam. Rejecting al-Ijmāʿ al-Mashūr (well known consensus) or al-Ijmāʿ al-Āhādī (solitary consensus) will not result in apostasy. However, a person who rejects al-Ijmāʿ al-Mashūr (well known consensus) or al-Ijmāʿ al-Āhādī (solitary consensus) will be regarded as deviant and must do Tawbah. Furthermore, al-Ijmāʿ al-Mutawātir can only be established from the Sahābah Raḍiallahu `anhum. `Allamah Qasim ibn Qutlūbgā rahimahullah mentions that only the rejection of the Ijmāʿ which was explicitly agreed to (taṣrīhan) by the ṣahābah raḍiallahu ʿanhum has the potential to take one out of the fold of Islam. Rejection of an ijmāʿ which has the explicit approval of some and tacit approval of others will not take one out of the fold of Islam.[2] Despite extensively researching, I have not been able to locate an ijmāʿ on the killing of apostates which has taṣrīh (explicit approval) of the Sahābah. Generally, whenever there is doubt in something resulting in disbelief or not, the Fuqahā’ do not issue a fatwa of disbelief. Instead, the Fuqahā’ state that if there are 70 clear reasons to issue a fatwa of disbelief upon someone and 1 vague and unclear reason to prove he is a believer, the Muftī must issue a fatwa of the person being a believer and disregard the 70 clear reasons.[3] And Allah Ta’ālā Knows Best Mufti Faraz Adam al-Mahmudi, www.darulfiqh.com

Ijma among the companions verses the method employed among the generation(s) of fuqaha that followed them Question Can you clarify the method for concluding an ijma among the companions verses the method employed among the generation(s) of fuqaha that followed them? To what extent was ijtihad employed in the process of concluding an ijma in these different generations? I was previously under the impression that ijma on a specific issue would be reached when 1) the mujtahid conducts his individual ijtihad on a specific issues then 2) if all of the mujtahideen of that age agree then we could say there is a scholarly consensus. It was recently brought to my attention that the ijma of the companions (radi Allahu anhum) may not necessarily have followed this model. For example their ijma may have been a clarification or confirmation of specific narration from Rasulullah (sallallahu alayhi wa sallam) that hadn’t been related out of carefulness, and didn’t involve discovery into an issue using ijtihad. Can you clarify some of the ‘procedural’ differences between the eras, as well as the tools employed in reaching ijma? Answer In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. The issue of Ijmaa’ (consensus) is a highly academic issue involving complex and intricate principles of Shari’ah. One needs to study many books of Usool al-Fiqh in order to understand the intricate principles governing Shari’ah known as Usool al-Fiqh, such as, Usool as-Sarakhsi (Muhammad bin Ahmad al-Sarakhsi), Kashf al-Asraar (‘Abdul ‘Azeez bin Ahmad al-Bukhari), Noor ul-Anwaar (Mulla Jeewan), Jam’I ul-Asraar (Muhammad bin Muhammad bin Ahmad al-Kaaki) and others. Usool al-Fiqh is generally taught in the third and fourth year of the traditional six-year ‘Alim course. There are four basic sources of Fiqh: The Qur’an The Sunnahof His Rasulullah (sallAllahu ‘alayhi wa sallam) The Consensus (Ijmaa’) of the ummah Analogy (Qiyaas) In the subject of Usool al-Fiqh, the details of the principles governing the laws extracted from the above four are explained in much detail. In the discussion of sources (usool) from the Qur’an, the issues of specification (khaass) and generality (‘aam), unconditional (mutlaq) and conditional (muqayyad), commonality (mushtarak) and interpreted (mu’awwal), command (amr) and prohibition (nahy) with the diminutives of all the above are explained in detail. Likewise, the mode of expression for example, apparent (zahir), clear (nass), explained (mufassar) and the unequivocal (muhkam) expressions, and those that oppose them, obscure (khafi), problematic (mushkil), unclear (mujmal) and the ambiguous (mutashabih) expressions. With regards to the issue of Ijmaa’, there are of different degrees. Different rulings are stipulated for each degree of Ijmaa’. Some will be at the level of a verse from the Qur’an while others are at the level of mutawatir, or at the level of khabar al-wahid. Furthermore, other classifications of Ijmaa’ are discussed, such as murakkab, ghayr murakkab as well as ‘adamul qaa’il bil fasl. Nevertheless, a direct understanding of this intricate topic without having the preliminary knowledge to understand the issue of Ijmaa’ may be counterproductive as understood from the above very brief explanation. Moreover, we have not touched the intricate principles from Hadith and Qiyas (analogy). The intricacies of law with its definition and application will also be appreciated by a student of secular law as well. For example, the issue of “dolus eventualis” may not be easily understood by a person not having understood the basics of secular law. Even a judge may err in the understanding and interpretation of such a terminology. And Allah Ta’āla Knows Best Fahad Abdul Wahab Student Darul Iftaa USA Checked and Approved by, Mufti Ebrahim Desai www.Daruliftaa.net

Ijma-as-Sahabah in Hanafi Madhaab Assalamu alaikum Dear repected Ulema I would like to know if Ijma-as-Sahabah is a stronger evidence than a hadith in the Hanafi usool? Also, how many sahabah does there have to be to reach an ijama? I have heard that the number is 5. I have been of the understanding that Ijma can outweight a hadith because it is unthinkable that a group of Sahabah can contradict the sunnah of Rasullullah (saw) or make an error. JazakAllah Khair Answer Wa alaikumussalam 1) According to the principles of Hanafi Jurisprudence, Hadith of Rasoolullah Salallahu alaihi wasallam is ranked as the second source of Islamic Law. Ijma’ (consensus) is third in line. 2) There is a difference of opinion regarding this amongst the Hanafi Jurists. The majority view is, Ijma can only be established when all of the Jurists of that era unanimously decide upon something, even the disagreement of one or a minority would not allow an Ijma’ to take place. However, some of the Jurists such as Sarakhsi are of the opinion that even the agreement of Three Jurists constitutes an Ijma’. Some say 2. Some even say that if there only remained one Mujtahid alive, then his opinion alone would be considered Ijma’, due to the fat that at the time of isolation the term ‘ummah’ is befitting for him. 3) Can an Ijma’ outweigh a Hadith? FIrstly, it is unthinkable that the Sahaabah would unanimously contradict a Hadith that is Mutawaatir. There are many terminologies, principles and concepts one must understand before tackling this question. This requires alot of depth. And Allah knows best. Mufti Yaseen Shaikh muftisays.com

Ijma The third principle of Islamic Sharia Law is called Ijma. Ijma literally means to determine or to agree upon something. Technically, Ijma is defined as the unanimous agreement of the scholars and jurists of the Muslim community of any period following the demise of the Prophet of Allah Sallallahu Alahi Wasalam. It is clear from its definition that Ijma can only occur after the demise of the Prophet Allah Sallallahu Alahi Wasalam. For during his lifetime, the Prophet was the highest authority on Sharia Law, hence the agreement and the disagreement of others did not affect the overriding authority of the Prophet. Following the demise of the Prophet Muhammad in the year 632, the Companions used to consult each other about the problems they encountered and their collective agreement was accepted by the community. After the Companions, this leadership role passed on to the next generation, the Successors and then to the second generations of Successors. In this way a fertile ground was created for the development of the theory of Ijma. The essence of Ijma lies in the natural growth of ideas. It begins with the personal opinions of the jurists and culminates in the universal acceptance of a particular opinion over a period of time. Differences of opinion are tolerated until a consensus emerges, and in the process there is no room for compulsion or the imposition of ideas upon the community. (M.H. Kamali in his book Principles of Islamic Jurisprudence, p.231) There is evidence from the Qur’an which indicates to the validity and establishing of this principle of the Sharia. For example, God says: “Obey God and obey the Prophet and those who are in charge of affairs among you. Should you happen to dispute over something, then refer it to Allah and to the Prophet.” (Surah Nisa v.58 – v.59) According to the famous Companion Ibn Abbas May God Be Pleased with Him considers this verse to be referring to the Islamic scholars. Similarly, the Prophet of Allah Sallallahu Alahi Wasalam Companion Abu Bakr Radiallahu Anhu when he could not find a clear cut ruling on a matter in the Qur’an or the Sunnah, then he would consult with the senior and prominent Companions, and he would rule on the consensus reached. (Sunan Darimi) The hadiths which you quoted in the question is referring to the validity of Ijma when it comes to Islamic rulings. The hadith is informing us to act upon the rulings of the majority of the scholars. Only Allah Knows Best Mohammed Tosir Miah Darul Ifta Birmingham.

What is Ijma and Qiyas and why we should follow them? Answer The Islamic Shariah is based on four foundations: (1) The Holy Quran. (2) Hadith. (3) Ijma (consensus). (4) Qiyas (analogy). It is necessary and wajib to follow these sources. Ijma and Qiyas have been extracted from the holy Quran and Hadith. These four are the Usool (principle) of Shariah. Can we just follow Quran and Hadith? Answer As it is necessary for us to follow the holy Quran and Hadith, in the same way it is necessary to follow those Usool and Furoo (derivative issues) extracted from the holy Quran. Otherwise people will start following their own will in the name of the Quran and Hadith. It is obvious that the person who follows his own will shall not be called the follower of the holy Quran and Hadith. The above answers are part of the answer from Here

Aameen. He sent out the following message 23rd Dhul Qa'dah 1435 AH ~ Wednesday 17th September 2014 A Message from Shaykhul-Hadīth, Shaykh Mawlānā Muhammad Saleem Dhorat hafizahullāh Bismillāhir-rahmānir-rahīm Assalāmu 'alaykum warahmatullāhi wabarakātuh I have been overwhelmed by the affection of the many many people who have sent me messages of support and du'ās in recent days, from this country and from around the world. May Allāh reward them all with Divine Love. I humbly request everyone to favour me with the following during my life and after: 1. Continue making du'ā for me. 2. Do whatever you are able to by way of isāl-ath-thawāb for me. 3. Try hard to bring into your lives the teachings that I have been striving to convey to the Ummah throughout my life. Jazākumullāh ahsanal jazā Yours Muhammad Saleem Dhorat

erm who is the writer? I don't have a clue! if it is pent up anger ( I too didn't sense that) then reminds me of yourself! Anyway just thought I'd mention i removed the link - sorry, wasnt at all sure whether to keep it or not....there is unnecessary linking to the picture and a topic which sort of encourages female leadership seemed inappropriate On the other hand it shows us how beautiful Islam is. Women remain in their safe sanctuaries and dress for their husbands, not for the media and how the media want them to...from the article

20th Dhul Qa'dah 1435 AH ~ Monday 15th September 2014 A REQUEST FOR YOUR PRECIOUS DU'ĀS The honourable founder and Shaykhul-Hadīth of the Islāmic Da‘wah Academy, Shaykh Mawlānā Muhammad Saleem Dhorat hafizahullāh is to undergo an operation on Thursday 18th September. The respected Shaykh’s concern for the ummah and his commitment to serving the Creation of Allāh ta‘ālā is well known. Those who have had the opportunity to benefit from Shaykh will have experienced a positive change in their lives. Countless individuals have made significant progress in their understanding of Dīn and their relationship with Allāh ta‘ālā through Shaykh's teachings. We humbly request everyone to make du‘ā that Allāh ta‘ālā makes the operation successful, grants Shaykh a quick and full recovery and maintains Shaykh’s pleasant shade over us, with āfiyah and good health, for many years to come. May Allāh ta‘ālā bless Shaykh with the best of rewards for his tireless work and concern for the ummah, and make it a means of hidāyah for all. Āmīn.

InshaAllah we'll use this thread to request du'a The Angels say, 'Ameen' to the Dua of those, who pray for their absent fellow Muslim In Saheeh Muslim and Sunan Ibn Majah, it is narrated from Abu Darda that the Prophet (sallallahu alaihi wa-sallam) said, 'The Dua of a person for his Muslim brother in his absence will be answered. At his head there is an angel, and every time he prays for him for something good, the angel who has been appointed to be with him, says, 'Ameen, may you have likewise.'

Using a Sheikh as a Mahram for Haj Q. There is a certain sheikh who is saying that he is a Mahram for the elderly women and he will be the Mahram of those women who intend going for Hajj but do not have a Mahram to accompany them. Is this correct? (Query published as received) A. It is not permissible for a female to travel for Hajj without being accompanied by her Mahram or her husband. This so-called Sheikh cannot be a Mahram for a woman he is not related to by blood or by marriage and people should be weary of such a person. The words of the Prophet (Sallallahu Alaihi Wasallam) are clear: “It is not permissible for a woman to leave the home without the permission of her husband and it is not permissible for a woman to travel the journey of three days (the Safar distance which amounts to 78 kms or more) without being accompanied by a Mahram.” (As-Sunan al-Kubra by Bayhaqi, Hadith #: 10420, Narrated by Ibn Umar) And Allah Knows Best Mufti Suhail Tarmahomed Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians

Cii Radio Beside the honourable mother of Nabi Muhammad sallallahu alayhi wa sallam we find that there are four other women who breastfed Nabi Muhammad sallallahu alayhi wa sallam . Namely: Thuwaybah RA, Halima Sa’diah RA – the most prominent lady to have breastfed Nabi Muahmmad sallallahu alayhi wa sallam , Khawlah bint Munthir RA and Baraqah Hakunya Agdomin an Umme Aymin – an African woman. Thuwaybah RA: breastfed Rasulullah sallallahu alayhi wa sallam for seven days after his birth. Thuwaybah RA was the freed slave of Abu Lahab ibn Abdul Mutallib whom – it is reported – he set free upon hearing of the birth of Rasulullah sallallahu alayhi wa sallam . Nabi Muhammad’s sallallahu alayhi wa sallam uncle Hazrat Hamza RA was also nursed by Thuwaybah RA and thus became Rasulullah sallallahu alayhi wa sallam foster brother. After Nabi Muhammad sallallahu alayhi wa sallam married Khadijah RA, Thuwaybah RA used to visit him, and Khadijah RA would honour her and be very hospitable towards her. Nabi Muhammad sallallahu alayhi wa sallam would send her gifts from Madina after the migration, until she died in the year 7 AH. Her son Masrooh RA died before her and he was the son whom she breastfed at the same time as Nabi Muhammad sallallahu alayhi wa sallam . Halima Sa’diah RA: On the eighth day after his birth Rasulullah sallallahu alayhi wa sallamwas placed in the care of Halima RA, from the Banu Sa’ad tribe. It was the practice of the Arabs to send their children away to the desert so that they would grow up strong and learn the refined Arabic of the Bedouin tribe. Halima RA found that since Nabi Muhammad sallallahu alayhi wa sallam had joined her family there was baraqah (blessings) and prosperity in her home. Rasulullah sallallahu alayhi wa sallam grew up with Halima RA children and often went out with them to tend the sheep and goats. After every six months Halima RA would take Rasulullah sallallahu alayhi wa sallam back to Makkah to his mother Aaminah RA and to his grandfather Abdul Mutallib. Khawlah bint Munthir RA Barakah Umme Ayman RA – was described by Rasulullah sallallahu alayhi wa sallam as the “mother after my own mother. She is the rest of my family” and was held in very high regard by Nabi Muhammad sallallahu alayhi wa sallam . She was the first person to hold him in her arms when he was born and the only person who knew him from that point until his death. She was one of the few Muslims who the Prophet assured of a place in Paradise. “Be a mother to him, Barakah RA. And don’t ever leave him,” Amina RA instructed her about her son as she lay dying. Umm Ayman did not fail in her responsibility. Her beginnings were more than humble. In her youth, the black Abyssinian girl was put up for sale in Makkah as a slave. In pre-Islamic Arabia, slavery was no shame, and slaves were treated like animals. But Barakah RA was blessed to be treated with kindness. She was bought by the noble and gentle Abdullah RA, the son of Abdul Muttalib, Nabu Muhammad’s sallallahu alayhi wa sallam father. Umme Ayman RA not only took care of Abdullah’s affairs as a servant in his home, but after he married Amina RA, she looked after Amina RA also. It was Umm Ayman RA who slept at the foot of Amina’s RA bed and comforted her when, only two weeks after her wedding, her husband was instructed to leave for that journey to Syria, after which he never came back. It was Umm Ayman RA who took care of Amina RA during her pregnancy. It was Umm Ayman who gave Amina RA the news of Abdullah’s RA death at Yathrib, what was later to be known as Madinah. As Rasulullah sallallahu alayhi wa sallam faced tragedy upon tragedy, Umm Ayman RA was there for him. From the time when his mother died when he was six, to when his grandfather Abdul Muttalib died when he was eight, Umm Ayman RA stayed with the Prophet sallallahu alayhi wa sallam . It was only after the Nabi Muhammad sallallahu alayhi wa sallam married Khadija RA that she married Ubayd ibn Zayd RA, on their insistence. They had a son named Ayman, thus her name Umm Ayman. When Rasulullah sallallahu alayhi wa sallam received the Prophethood, Umm Ayman RA was among the first Muslims, and like the others, bravely faced the punishments of the Quraish for those who dared to believe in Islam. During the Battle of Uhud she gave out water to the thirsty soldiers and took care of the wounded. She tied her well-being to that of Islam. During a visit from Rasulullah sallallahu alayhi wa sallam , he asked: “Ya Umme! Are you well?” and she would reply: “I am well, O Messenger of Allah so long as Islam is.” Umm Ayman’s RA husband died not very long after their marriage. When she was in about her 50s, Rasulullah sallallahu alayhi wa sallam , when speaking to his companions said, “Should one of you desire to marry a woman from the people of Paradise, let him marry Umm Ayman RA.” It was Zayd RA who stepped forward and agreed to marry her. They had a son named Usamah who was described as “the beloved son of the beloved.” She travelled with Nabi Muhammad sallallahu alayhi wa sallam across the burning desert through sandstorms on foot from Makkah to Madinah. Despite the harshness of the journey she persisted, and was given good news when she reached her destination. Rasulullah sallallahu alayhi wa sallam said to her, “Ya Umm Ayman! Ya Umme! (O Umm Ayman! O my mother!) Indeed for you is a place in Paradise!” When Rasulullah sallallahu alayhi wa sallam passed away she wept profusely. Sayyidina Abu Bakr RA and Sayyidina Umar RA visited her and asked her, “is Nabi Muhammad sallallahu alayhi wa sallam not gone to a better place?” She replied, “By Allah, I knew that the Messenger of Allah would die but I cry now because the revelation from on high has come to an end for us.” Umm Ayman died when Uthman RA was Khalifa. Source

Asalamu Alaykum. Can you explain in detail about the concept of ijma, its types and conditions? Answer Literally the word Ijmaa has two meanings: 1. Resolution to do something. It is said in Arabic: أجمع فلان على السفر So and so made a firm intention to travel. 2. Agreement. For example the Arabs say: أجمع القوم على السفر They all agreed to travel. (A Beginners Guide to Usool Ul Fiqh Page 82) Terminologically the word Ijmaa means: اتفاق علماء عصر من أهل العدالة والاجتهاد على حكم The consensus of all the expert scholars of Islamic jurisprudence on a particular ruling in a particular era. From the above definition we learn that only the view of the Mujtahid (expert scholars of Islamic jurisprudence) will be taken into consideration and not the view of any other scholars. Likewise, it is necessary that each and every of them agree on the ruling, whether it is verbally, or merely by their silent approval. Ijmaa is from amongst the primary sources of jurisprudence. The validity of the consensus of this Ummah is a gift and an honour bestowed upon us. The authoritative nature of Ijmaa is established from a number of proofs from the noble Quraan and Sunnah of Nabi (sallallahu alayhi wa sallam). {كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ } [آل عمران: 110] “You are the best Ummah ever raised for mankind. You bid the Fair and forbid the Unfair.” (3:110) In the above verse the word khayr has been used which denotes that this Ummah is intense in good. This clearly shows that tremendous goodness will be in what this Ummah agrees upon. The verse further explains that the reason for their goodness is due to their quality of commanding what is right (Ma'ruf) and forbidding what is wrong (Munkar). Ma’ruf refers to that which is correct by Allah Ta'ala. We therefore learn that Ma’ruf is what this Ummah agrees upon. {وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًا} [النساء: 115] “Whoever breaks away from the Messenger after the right path has become clear to him, and follows what is not the way of the believers, We shall let him have what he chose, and We shall admit him to Jahannam, which is an evil place to return.” (4:115) In this verse Allah equates those who follow a path other than that of the believers to those who disobey Nabi (sallalahu alayhi wa sallam) . Just as those who break away from the Messenger (sallalahu alayhi wa sallam) will go to hell fire, likewise those who do not follow what the Ummah agreed upon will also go to the hell fire. Similarly, just as it is necessary to follow the teachings Nabi (sallalahu alayhi wa sallam), it is imperative to follow what the Ummah agreed upon. {وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَى لَهُمْ } [النور: 55] “(Allah has promised that He) will certainly establish for them their religion which He has chosen for them” (24:55) This verse clearly mentions that Allah Ta'ala is happy and has chosen that which this Ummah agrees upon. {وَكَذَلِكَ جَعَلْنَاكُمْ أُمَّةً وَسَطًا لِتَكُونُوا شُهَدَاءَ عَلَى النَّاسِ} [البقرة: 143] “In the same way We made you a just Ummah (community), so that you should be witnesses over the people.” (2:143) Allah Ta'ala describes this Ummah as being just which clearly shows that what this Ummah agrees upon is correct. These are just a few of the many evidences. There are many more textual proofs. However, we will suffice with the above. As for the ruling, it will become compulsory upon a person to accept and believe in Ijmaa, if the following conditions are met: 1) We have to consider or see the authenticity of the report of Ijmaa to us. 2) If the Ijmaa itself is Qat’iyy ad-Dalaalah (definite implication). 3) If it is Ijmaa of all the Sahaabah in explicit terms. An example of this is that all the honourable companions agreed to Sayyidina Abu Bakr (may Allah be pleased with him) being the first Khalif of Islaam. Thus, it is binding upon us to accept him as such. والمعتبر في هذا الباب إجماع أهل الرأي والاجتهاد فلا يعتبر بقول العوام والمتكلم والمحدث الذي لا بصيرة له في أصول الفقه أصول الشاشي (ص: 226)مطلب في منكر الإجماع وهذا موافق لما قدمناه عنه من أنه يكفر بإنكار ما أجمع عليه بعد العلم به ومثله ما في نور العين عن شرح العمدة أطلق بعضهم أن مخالف الإجماع يكفروالحق أن المسائل الإجماعية تارة يصحبها التواتر عن صاحب الشرع كوجوب الخمس وقد لا يصحبها فالأول يكفر جاحده لمخالفته التواتر لا لمخالفته الإجماع اه ثم نقل في نور العين عن رسالة الفاضل الشهير حسام جلبي من عظماء علماء السلطان سليم بن بايزيد خان ما نصه إذا لم تكن الآية أو الخبر المتواتر قطعي الدلالة أو لم يكن الخبرمتواترا أو كان قطعيا لكن فيه شبهة أو لم يكن الإجماع إجماع الجميع أو كان ولم يكن إجماع الصحابة أو كان ولم يكن إجماع جميع الصحابة أو كان إجماع جميع الصحابة ولم يكنقطعيا بأن لم يثبت بطريق التواتر أو كان قطعيا لكن كان إجماعا سكوتيا ففي كل من هذه الصور لا يكون الجحود كفرا يظهر ذلك لمن نظر في كتب الأصول فاحفظ هذا الأصل فإنهينفعك في استخراج فروعه حتى تعرف منه صحة ما قيل إنه يلزم الكفر في موضع كذا ولا يلزم في موضع آخر اه (رد المحتار - ط. بابي الحلبي (4/ 223) ثم بين المصنف أنه لابد لنقل الإجماع أيضا من الإجماع فقال ( و إذا انتقل إلينا إجماع السلف بإجماع كل عصر على نقله كان كنقل الحديث المتواتر ) فيكون موجبا للعلم و العمل قطعا كإجماعهم على كون القرآن كتاب الله تعالى و فرضية الصلوة و غيرها ( و إذا انتقل إلينا بالأفراد كان كنقل السنة بالآحاد ) فانه يوجب العمل دون العلم كمثل خبر الآحاد…( ثم هو على مراتب ) أي الإجماع في نفسه مع قطع النظر عن نقله له مراتب في القوة و الضعف و اليقين و الظن ( فالأقوى إجماع الصحابة نصاً ) مثل أن يقولوا جميعاً أجمعنا على كذا ( فإنه مثل الآية و الخبر المتواتر ) حتى يكفر جاحده و منه الإجماع على خلافة أبي بكر رضي الله عنه (ثم الذي نص البعض وسكت الباقون ) من الصحابة وهو المسمى بالإجماع السكوتي و لا يكفر جاحده و إن كان من الأدلة القطعية ( ثم إجماع من بعدهم ) أي بعد الصحابة من أهل كل عصر (على حكم لم يظهر فيه خلاف من سبقهم ) من الصحابة فهو بمنزلة الخبر المشهور يفيد الطمأنينة دون اليقين ( ثم إجماعهم على قول سبقهم فيه مخالف ) يعني اختلفوا أولاً على قولين ثم أجمع من بعدهم على قول واحد فهذا دون الكل فهو بمنزلة خبر الواحد يوجب العمل دون العلم و يكون مقدماً على القياس كخبر الواحد – (نور الأنوار ص222) fatwaa.com