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Fatwa’s for America: Legal Verdicts for American Muslims
2
Fatwa’s for America:
Legal Verdicts for American Muslims
Fatwa’s transcribed by:
Darul-Ifta, Darul-Uloom Deoband, India
Darul-Ifta, Darul-Uloom Shahi Muradabad, India
Published by:
Fiqh Center ( ‫والجماعة‬
‫) أهل السنة‬
www.fiqhcenter.org
California, USA
Languages: English, Arabic, Urdu
Publication date: July, 2014
Pages: 200
Printed in India
Contact Information:
Email : fiqhcenter@gmail.com
Phone: (408) 890-6731
Coordination by:
Idara-e-Anwarul-Madaris , Hyderabad, India
http://www.anwarulmadaris.com/about_us.php
All rights reserved. No part of this publication may be reproduced,
stored in a retrieval system or transmitted in any form or by any
means, electronic, mechanical, photocopying, recording or
otherwise, without the prior written permission of the Copyright
owner.
3
4
Table of Contents
Foreword by Mufti Saeed Ahmad Palanpuri ....................................... 9
Foreword by Moulana Mohammed Shareef Ahmad Mazaheri Qasmi
........................................................................................................ 12
Preface by the Publisher .................................................................. 15
I.
Hadith Terminologies: .............................................................. 18
II.
Terminologies in Hadith Literature : ........................................ 23
III.
Fiqh Terminologies : ............................................................. 26
IV.
Timeline of Hanafi Fuqaha .................................................... 29
V.
Maslak (Way/Ideology) of the Ulama of Deoband .................... 37
VI.
Who is the Original Ahle-Sunnah-Wal-Jamah? ...................... 38
VII.
The Disposition of The Maslak of The Ulama of Deoband ..... 40
VIII. Fatwa’s transcribed by
Dar-ul-Ifta,
Darul-uloom Deoband ..................................................................... 47
1. Due to space limitations some masjids schedule two or more
Juma prayers ............................................................................... 48
2. Some masjids schedule Khutba and Juma prayer before the
occurring of Solar noon. Masjid committee’s reason for doing is
due to space limitations and those who pray suggest financial
hardships, if they take time off on a working day to pray Juma. Is it
valid to perform Juma prayer before occurring of Solar noon ? Is
the prayer correct and juma obligation completed? ..................... 48
3. In relation to question # 2, if solar noon occurs when Khutba
or Juma prayer is in progress. What is the Shariah ruling on it? .... 49
5
4. Some Imam’s perform multiple Khutba and/or Juma prayers
at different places. ....................................................................... 50
5. Please provide ruling for #4 in relation to Khutba and Salah of
Eid? 51
6. In some masjids Khutba and Salah is performed by two
different persons. How valid is this practice? ............................... 51
7. Please provide ruling for #6 in relation to Khutba and Salah of
Eid? 52
8. Is it necessary to have two Khutba for Eid prayers, or only one
is sufficient. What is the required duration of Khutba. ................. 52
9. When there is slightest of rain, some imams combine two
prayers Dhuhr / Asr and Maghrib / Isha. What is the validity of
consecutively praying, ................................................................. 54
10.
When Fard of Salatul-Fajr has already started in Masjid, can
we perform Sunnah ..................................................................... 57
11.
Some Imam’s during Dhuhur/Asr/Maghrib/Isha prayers
recite Qunoot-Nazilah.................................................................. 60
12.
During the month of Ramadan, some Imam’s pray only one
Rakat of Salatul-Witr .................................................................... 62
13.
During the month of Ramadan, for Salat-ut-Taraweeh,
some Imams read certain portion of Quran in Isha, Fajr and
Tahajjud prayers and complete in the above method. .................. 63
14.
During the month of Ramadan, can we offer Salah-Tahajjud
in congregation? .......................................................................... 64
15.
Can we offer Qiyamul-layl in congregation, outside the
month of Ramadan? .................................................................... 66
6
IX.
Fatwa’s transcribed by
Dar-ul-Ifta,
Darul-uloom Shahi, Muradabad. ...................................................... 69
1. Many masajids in America, conduct two or more Jumaa
prayers (Khutba and Salat). Is this correct? .................................. 70
2. In many Masjids in America, Juma prayers (Khutba and Salat)
are offered before Noon .............................................................. 71
3. If during Juma Khutba and/or Salatul-Juma, Noon occurs
during its course, is this correct? .................................................. 72
4. Some Khateebs are performing Salatul-Jumaa at multiple
locations, is the prayer valid for those people who are praying
behind this Imam at the second place? ........................................ 73
5.
Khutba and Prayers for Juma are performed by two persons.
73
6. For the Eid Prayers can Khutba and Salah be lead by two
different persons?....................................................................... 74
7. In some Masjids, Imams after completing 20 rakas of Salat-utTaraweeh, pray only one rakat of Salatul-Witr. What is the correct
opinion on this issue? .................................................................. 75
8. In some Masjids of America, some Imams, when there is slight
rain, combine two salats (Jama-bain-Salaa`tain). Can this be done?
76
9. What is the ruling on the Sunnah of Salatul-Fajr, after the
starting of 'Fard of Fajr................................................................. 77
10.
Some Imams during Dhuhr, Asr, Maghrib and Isha prayers
i.e. in the last rakat after the ruku, with a loud voice recite ‘Qunoot
Nazilah’........................................................................................ 79
7
11.
In some masjids, for Salah-ut-Taraweeh, Quran Khatm is
completed in portions, i.e. some portions of Quran are read in Isha,
Fajr and Tahajjud prayers ............................................................. 80
12.
During Ramadan, can we offer Tahajjud and SalatulTasbeeh as a congregational prayer. ............................................ 81
13.
During some months (other than Ramdan), some pray
certain Rakats in congregation, terming it as Qiyamul-Layl. Is it
valid 84
14.
Whether is it necessary to give two Khutba’s for Salatul-Eid
85
15.
What is the correct method to determine Salah timings for
Isha and Fajr prayers .................................................................... 86
X.
TRUE COPIES OF THE FATWA’S Darul-uloom Deoband ............ 87
XI. TRUE COPIES OF THE FATWA’S Darul-uloom Shahi Murdabad .... 87
XII. Fatwa's Arabic Translation
89
8
Foreword by Mufti Saeed Ahmad Palanpuri
Shaikh-ul-Hadith, Chief-of-Staff, Darul-uloom Deoband.
‫مسب اہللارلنمحارلمیح‬
: ‫ أما بعد‬,‫ وسالم على عباده الذين اصطفى‬,‫الحمد هلل و كفى‬
The foundations of Deen is based on three principal sources, The Book of Allah,
Sunnah of Rasool-Allah and Ijma of Ummah. Reasoning (Qiyas) is not different
from above three. Those people who believe in these foundational sources are
from Ahle-Haq and are included in ‘Ahlus-Sunnah-wal-Jamah’. Anyone who
denies even one of its sources is excluded from Ahlus-sunnah-wal-Jamah. For
example, Ahle-Quran, this group of people accept only Quran as their source of
proof and does not accept Hadith as a second source of proof. Another
example of this is, Ghair-Muqallad, these are the ones who accept Quran and
Hadith as sources of proofs and do not distinguish between Hadith and Sunnah,
and neither do they accept Ijma of Ummah and Reasoning.
Ahle-Quran and Ghair-Muqallad are out of the fold of Ahlus-Sunnah-walJamah, as their difference with Ahlus-Sunnah-wal-Jamah is based on principle
of what constitutes the sources of Deen and not merely based on difference of
opinions on certain Fiqhi issues. Initially Ghair-Muqallad were known as
‘Ashab-e-Zawahir’ (Literal followers) and were only few in terms of numbers.
When some of the students of Hazrath Muhammad Ishaq Dehlwiؒstarted on a
deviant track and called themselves “Ahle-Hadith”, they also requested the
then, British rulers of India to formally allocate the above name to their group.
Musnad-e-Hind, Hazrath Shah Waliullah Dehlwiؒ
, in Hujjat-ullahi-Baligah, in its
first volume, termed Ashab-e-Hadith and Ahle-Hadith as two entirely different
groups. He described 25 names of Ashab-e-Hadith, and Ahle-Hadith as a
particular group, which is called Ashab-e-Zawahir and these are the people who
9
Foreword by Moulana Mohammed Shareef Ahmad Mazaheri Qasmi
Allah ‫ ﷻ‬in His infinite mercy, wisdom and knowledge has chosen two
methods or approaches to guide humanity closer to Him. The sacred books and
The chosen Messengers, peace and salutations to all of them. These methods
are complimentary to each other and were culminated with the revelation of
'The Quran' and with the advent of Muhammad ‫ﷺ‬. On the occasion of Hajjul-Wida during 10th Hijri, Allah ‫ ﷻ‬revealed one of the important ayahs, ﴿
ُ ُ َ‫يت ل‬
ُ ‫ ٱلۡ َي ۡو َم ٱَ ۡۡكَلۡ ُت لَ ُ ُۡك ِدينَ ُ ُۡك َوٱَتۡ َم ۡم ُت عَل َ ۡي ُ ُۡك ِن ۡع َم ِِت َو َر ِض‬, ”This day have I perfected
﴾ ۚ‫ُك ٱ ۡۡل ۡسل َ ٰـ َم ِد ً۬ينا‬
ِ
your religion for you and completed My favor unto you, and have chosen for
you as religion AL-ISLAM.” Message which is perfect, can only be taught and
delivered and by one who is perfect and completeness can only be reached if
the Messenger is final. Allah ‫ ﷻ‬revealed in Surah Al-Ahzaab the stature and
finality of Rasool-Allah ‫ﷺ‬
﴾ ‫" ﴿ َّما ََك َن ُم َح َّم ٌد ٱَ ََبٓ ٱَ َح ً۬د ِمن ِر َجا ِل ُ ُۡك َولَ ٰـ ِكن َّر ُسو َل ٱ َّ َِّلل َوخ َ ََاَت ٱلنَّبِيِـ ۧ َن‬Muhammad is not the
father of any man among you, but he is the messenger of Allah and the Seal of
the Prophets". The logical question is, how one remains to be guided when
there are no further messengers to come? Rasool-Allah ‫ ﷺ‬reminded that,
in order to be guided then, you would need to hold on the Quran and his
Sunnah.
﴾ ‫ كتاب هللا وس نة رسوهل‬: ‫﴿ تركت فيُك ٱمرين لن تضلوا ما متسكمت هبام‬
Honored are those people who witnessed Rasool-Allah ‫ ﷺ‬and carried
forward the message paying attention to minute of details, which remains
unparallel in the history. The act of seeking pleasure of Allah ‫ ﷻ‬was perfected
by Sahabha ؒ
, the best of generations with whom, "Allah ‫ ﷻ‬is well pleased
12
Preface by the Publisher
Demographic study carried out by the Pew Research
provides interesting numbers,
1
in the year 2010,
“Muslims number about 1.6 billion, representing 23% of all people worldwide.
There are two major branches of Islam – Sunni and Shia. The overwhelming
majority (87-90%) of Muslims are Sunnis and about 10-13% are Shia Muslims.”
Indonesia holds the largest share of Muslim population (13%, 209 million) and
Indian subcontinent is home to (30%, 476 million) of Muslims, which breaks
down as follows:



India: 11% of global Muslim population and on a number scale of 176
million.
Pakistan: 10.5% of global Muslim population and on a number scale of 167
million.
Bangladesh: 8.4% of global Muslim population and on a number scale of
133 million.
Of these 476 million, overwhelming majority 90% follow Hanafi school of
thought, which is around 429 million. In order to serve this size of Muslim
population, the Indian subcontinent has many Islamic seminaries and which run
solely on the basis of public contributions.
In the history of United States, the first significant group of Muslims who
entered in the US, consisted of slaves from West Africa, many of whom
converted to Christianity and few Muslims remained in United States by the
end of Civil War. The Muslim population grew between 1875 and World War II,
when tens of thousands of Muslims, mostly Arabs, migrated to the United
States in search of economic fortune. In 1965, a new immigration law resulted
1
http://www.pewforum.org/2012/12/18/global-religious-landscape-muslim/
15
Hadith Terminologies: 2
I.
Hadith: Hadith is a following collection of things,

Statements which Rasool-Allah ‫ ﷺ‬made (‫)قول‬

Actions which Rasool-Allah ‫ ﷺ‬did (‫)فعل‬

Some things done or told in his presence and wasn't negated by
Rasool-Allah ‫)تقرير( ﷺ‬
Sanad : Chain of narrators
Matan : Actual text of Hadith
Best generations or Khair-ul-Quroon:
Sahabi : Who had the honor to meeting Rasool-Allah ‫ ﷺ‬in the state Iman,
and subsequently passed away in the state of Iman.
Taba'ee : Who had the honor of meeting Sahabi ؒin the state of Iman and
subsequently passed away in the state of Iman.
Mukh`dari-meen : Those who have witnessed both pre-Islamic and Islamic
eras, but didn’t have the honor of meeting Rasool-Allah ‫ ﷺ‬, but they
accounted in high stature of a Tabaèe.
Tab'a Taba'ee: Who had the honor of meeting Taba'ee ؒin the state of Iman
and subsequently passed away in the state of Iman.
2
Tafheem-ul-Muslim, explication of Muslim Shareef, Allama Shabbir Ahmed
Usmani, Deoband.
18
II.
Terminologies in Hadith Literature 3:
Similar to method of classifiying Hadith, its literature is compiled the as:
1.
Sahih : Books in which authors have documented only those Hadiths,
which are Sahih, Mar`foo, Mutta`sil, degree of successful compliation
would vary. It is consentual that Imam Bhukari and Imam Muslim were
100% successful in their effort. Ibn Khu`zaimah, Ibn Hibban, Hakim and
were not as successful, however in their books Sahih along non-Sahih are
found.
2.
Ja`Mae : Books in which authors have collected Hadith on eight topics
which are, Siyar (Life accounts of Rasool-Allah ‫ﷺ‬, his family and
companions), Ethics, Tafseer, Aqaid, Fitan-Ashrat (Strife & Tribulations),
Jurisprudence, Virtues of Noble Family and Companions.
‫ٓارشاطوااکحموانمبق‬،‫وریسفتواقعدئ* نتف‬،‫ٓاداب‬،‫ریس‬
Sahih Bhukari and Sunan Tirmizi are Ja`Mae, however Sahih Muslim isn't as
Tasfeer is minimally covered in it.
3.
Sunan : Books in which authors have collected Hadiths and arranged in
the order of significane to Fiqh. The authors have proved Ijtehad made by
Fuqaha. List of Sunan includes, Sunan Tirmizi, Sunan Abi Dawood, Sunan
Nasaì, Sunan Ibn Majah, Sunan Dari`mi, Sunan Dar`Qutni.
4.
Musnad : Books in which Hadith are indexed on the names of Sahabah,
meaning all the narration of one Sahabi are grouped together irrespective
of Hadith chapter, which it would belong to. Musnad Ahmed bin Hanbal
and Musnad Humaidi.
5.
Mo`jam : Books in which Muhadith have collected all the narrations from
their Shuookh and teachers, meaning all the narrations of a shakyh is
grouped together. Imam Tabrani's Mo`jaim Kabir, Àusat, Saghir.
3
Tohfa-tul La`maee Sharah Sunan Tirmizi, Mufti Saeed Ahmed Palanpuri,
Deoband
23
III.
Fiqh Terminologies :
Fuqaha has defined these terminologies to establish Shariah rulings.
1. Fard : Ruling established by Daleel Qat’ie and the sources of Daleel
Qat’ee are three:
a. Ayats of Al-Quran whose meanings are unequivocal.
b. Hadith which has reached status of Mutawatir.
c. Ijma of Believers (eg: Praying of five times).
Fard is of two types:
1.1 Fard A’in : Responsibilities which needs to be carried out
every Muslim, such as Praying of salat, fasting, knowledge
about correct A’qaid, knowledge about praying and others.
1.2 Fard Kifayah : Responsibilities which needs to be carried out
by some Muslims and rest as absolved from doing it, such as
Salat-Janazaa, learning of higher Islamic sciences.
2. Wajib : Rulings established by contemplative speculation termed
Daleel Zan’ne, and using sources as:
a. Ayats of Quran whose meanings are contextually and/or
linguistically based, it opens a possibility of alternate
meaning.
b. Hadith which hasn’t reached the status of Mutawatir.
c. Usage of Reasoning (Qiyas) by Mujtahids.
Wajib is of two types:
2.1 Wajib A’in : Responsibilities which needs to be carried out
every Muslim, such as pray salat-witr, salat-Eid.
26
Timeline of Hanafi Fuqaha 4:
IV.
Imam Abu Hanfia Noman bin
Thabit Tai`mi ؒand students
include:
1. Imam Abu Yusuf Yaqub bin
Ibrahim ؒ
2. Imam Muhammad bin
Hassan ؒ
3. Imam Zafar ؒ
: Imam Abu
Hazel Zafar bin Hazel
4. Imam Hasan bin Ziyad
lu-
Masanèd Imam-eAzam, Al-Fiqh Kabeer.
80 – 150 Hijri
Mujtahid: Kitab-ulKhrooj, Kitab-ul-Asàr
113 – 182 H
Mujtahid: Kutub
Zahir, Muwatta Imam
Muhammed
Mujtahid
132 – 189 H
Mujtahid
Passed away
204 H
luìee ؒ
110 – 158 H
Mujtahid,
118 – 181 H
Muhadith : Kitab
Zuhud-wa-Riqaaq
Second century Fuqaha are the, Students of Students of Imam Abu Hanifa
6. Abu Hafs Kabir: Allama
Student and
Unkown
narrator
of
Imam
Ahmed bin Hafs ؒ
Mohammed
7. Juz Jani : Imam Abu Sulaiman
Student and strong
Passed away
narrator
of
Imam
200 H
Musa ؒ
Mohammed
8. Ibn Samaà : Abu Abdullah
Student of Imam
130 – 233 H
Yousuf &
Muhammed bin Samaà ؒ
Mohammed.
Teacher of Ahmed
bin Abi Umar, who
5. Hz. Abdullah bin Mubarak ؒ
4
Muhadith and Fuqaha : Mufti Saeed Ahmed Palanpuri, Deoband
29
Maslak (Way/Ideology) of the Ulama of Deoband 5:
V.
[The following excerpts from The Maslak of Ulama of Deoband by
Hadhrat Maulana Qari Muhammad Tayyib Qasmi ؒ, translated by Mufti
Afzal Hoosen Elias, Zam Zam Publishers.]
The Maslak of the Ulama of Deoband is with regard to Deeni direction
and methodology, an embodiment of the Ahle Sunnat Wal Jamaat. It is
also an integral and original part of the Ahle Sunnat (wherefrom
gradually many sects are being slowly separated). This trend was begun
in India and gained its force and momentum by Hadhrat Imaam Shah
Waliullaah Dehlwi (rahmatullahi alaih). The Ulama of Deoband are the
interpreters and link in the chain for the Ahle Sunnat Wal Jamaat in
India. Through the means of Ta`leem (education) and Tarbiat
(nurturing), they had spread this message and way across the east and
west.
The Ulama of Deoband had remained steadfast upon the principles of
the Ahle Sunnat Wal Jamaat from the beginning to the end. In fact, they
had preserved this through the generations. Actually, they are not any
different from the Ahle Sunnat, in fact, their lineage and chain reaches
in the same direction. Hence, insofar as their methods and ideologies
are concerned, they are not any new sect, nor are they a sect which has
been initiated afterwards. In reality, they (Ulama of Deoband) are (from)
the actual Ahle Sunnat which has come down and transmitted from
before. The time factor and excesses (Ifraat Tafreet) had given rise to
many sects within the Ahle Sunnat Wal Jamaat. Not only has every new
sect had laid claim to being the original, they had in fact, drawn parallels
to the original group and condemned the original to falsehood and
labeled themselves as the original. They had spared no effort in this
direction.
5
The Maslak of Ulama of Deoband by Hadhrat Maulana Qari Muhammad
Tayyib Qasmi
37
In Sharì terms, the summary of this concise and moderate Maslak
is as follows: The Deen of the Ulama of Deoband is Islaam, it is the
sect of Ahle Sunnat Wal Jamaat, their Math-hab is Hanafi,
spiritually they are Sufis, their belief (Kalaam) is Maaturidi, their
path of Sulook is Chisti, in fact a combination of all the paths, their
Fikr (intellectual inclination) is Waliullahi, their Usool is Qaasmi,
their corollary (Furoo`) is Rashidi, and their connection is Deobandi.
[Book: The Maslak Ulama of Deoband]
[Excerpts end here]
46
VIII.
Dar-ul-Ifta,
Darul-uloom Deoband
47
Dar-ul-Ifta,
Darul-uloom Shahi, Muradabad.
IX.
69
X.
XI.
TRUE COPIES OF THE FATWA’S
Darul-uloom Deoband
TRUE COPIES OF THE FATWA’S
Darul-uloom Shahi Murdabad
Refer Urdu section of the Book.
87
XII.
Fatwa's Arabic Translation
Mohammed Imran Azami Oomre 8
Arabic translation is made possible by Mohammed Imran
Azami Oomre, he is a well known editor of Daira-tul-Maarif,
Hyderabad India. One of the magnum opus of Imran Azami is
on Al-Gharibayn by Al-Harawi. This book is compiled by the
famous Philologist Abu Obaid Al-Harwi and elucidates, in explicit
words, those abstruse and otensibly incomprehensible words
which occasionally appear in the Holy ‘Qur’an’ and ‘Hadith’
collections. Imran Azami who worked on it and revised the text,
removed the ambiguities, with the help of original references.
This book runs in six volumes.
Refer Arabic section of the Book
8
http://www.dairatulmaarif.org/publications.asp
89

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