Observe Each and Every Letter of the Fatwa

Published on Thursday, 11 September 2014 18:51 in Character - Read 3640 times

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Transcribed from a speech by Sayyidi Huzur Muhaddith e Kabeer Allamah Zia ul Mustafa Azmi

Now, fitna has arisen even in the fight between truth and falsehood. In some situations it is clear what is baatil [falsehood] that even the common people understand, and then there are some circumstances where neither the person giving the ruling nor the person he is ruling against are upon falsehood - rather due to their egocentric intentions they continue to brandish their own rulings. Such people now exist amongst us.

Once, I was preparing to go to the airport, when I received a phone call at my place of stay from an individual who said he is so and so from Bareilly. Allah knows best where he was actually calling from.

[The following conversation then ensued] 

Caller: "Are you going (some place)?" 

Allamah Saheb: "Yes, I am."

Caller: "Don't go there!"

Allamah Saheb: "Why should I not go there?" 

Caller: "They are Suleh Kulli etc. and Fatawa have been published against them, some of which are Mawlanas as well as others."

Allamah Saheb: "Firstly, inform me of two things - Who has given the fatwa? And who has the fatwa been given upon?”

Caller: "You carry out research [and find out]."

Allamah Saheb: "Who are you to order me to do research or not? You have made the claim of there being a fatwa, so tell me who has issued it and on who has it been given upon?"

Caller: "You investigate..."

Allamah Saheb: "I have no need to investigate further. For me this research is enough, that a much bigger scholar than you, Mufti Mahmood Akhtar Saheb (Qazi of Mumbai) - and I have strong conviction that there will never be any mistake in his actions, in sha Allah, and that he will never attempt to betray me – he invited me. If it actually was a place of deceit he would never have invited me, or if he did he would have taken it [the invitation] back straight away.”

Caller: "No! They are like that [as claimed before]!"

Allamah Saheb "Again, you continue with your nonsense? I have asked you who issued the fatwa and who was it issued against, yet you do not answer?"

Caller: "Okay, I will inform you after conducting some research."

Allamah Saheb: "Fine, [in the meanwhile] keep speaking without research…"

[End of Conversation]

Now what I am trying to say is, this person, a layman is attempting to give orders to me (the Naib Qazi ul Quzzat) that do not go to such a place as the people are like this etc. yet he speaks without any evidence or research.

When one talks about a fatwa you must look at each and every article and letter of the fatwa - even the dots of the letters - as well as keeping in mind whether the specific situation ruled upon in the fatwa applies in that case or not.

[For example], a person comes to the Dar ul Ifta and asks, "Zaid has given two Talaaqs (divorces) to his wife - what is the ruling?" The Mufti Saheb answers, "During the period of iddat (waiting period), Zaid may retract the divorce, however should he issue one more Talaaq then the woman will forever become forbidden for him, until the Day of Reckoning. And Allah Knows Best". 

Thereafter, the questioner takes the answer, replaces the word "two" with "three" and then shows everyone, "Look! Mufti Saheb has written that Zaid has given three Talaaqs but he may still take the woman back, hence I will keep my wife - Mufti Saheb has given the ruling that one more Talaaq after three is allowed!"

Now tell me! - Is this any fault of the Mufti Saheb? Or is this the fault of the questioner - his deceitfulness - that too regarding the hukm of Allah!? To such a serious extent that he made Haraam into Halaal by replacing the word "two" with "three"!

These are the trials and tribulations awakening during this age - may Allah protect us all from such fitna! [Aameen!]

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