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Question 

Is the Asr Salah of a Hanafi valid in the Asr time of the Shafa’i school, which is also the opinion of the Sahibain in the Hanafi Madhab? 

Answer 

According to the opinion of Imam e A’zam, upon which the Fatwa is issued, the time of Asr begins when the length of the shadow of an object is twice its length. According to the Shafa’i Madhab, which is also the opinion of the Sahibayn [Imam Abu Yusuf and Imam Muhammad], the time of Asr begins when the shadow of an object is equal to its length (one shadow length). Although some books of Hanafi Fiqh, such as al-Durr al-Mukhtar have asserted that the stance of the Sahibayn is the preferred stance, however, the stance of Imam e A’zam is the most accurate, correct and preferred, and upon which the Fatwa is issued. 

This is what the majority of the books of Mutoon have stated, and many Shariheen have affirmed and preferred this opinion, and the scholars of Tarjeeh and Ifta have also authenticated it.

Imam Malik al-Ulemah Abu Bakr Masood in Badayiʼ and Fatawa Hindiyyah state: “that is correct.”

Al-Nihayah: “that is the Zahir al-Riwayah from Abu Hanifah.”

Al-Muheet: “The correct verdict is the stance of Imam A’zam Abu Hanifah.” 

Allamah Qasim ibn Burhan al-Shari’ah al-Mahbubi in Tasheeh al-Quduri prefers it and Sadr al-Shari’ah Ubaydallah ibn Masʿud al‐Mahbubi al‐Hanafi agrees and prefers his proof.

Al-Ghiyathiyyah: “It is the preferred [verdict].” 

Sharh Majma’ al-Musannif: “It is the Madh’hab of Abu Hanifah.”  

It is stated in Maraqi al-Falah, “This is correct and this is the stance of the majority of scholars and Mutoon.” Tahatawi ala al-Maraqi states, “The majority of the scholars have authenticated it.” 

Jami’ al-Ramuz said, “It is the Mufta bihi (the stance upon which the Fatwa is issued).”

Siraj al-Muneer states, “The Fatwa is on the stance of the Imam.”

Imam Tahir Bukhari in Khulasah, Imam Burhan al-Din in al-Hidayah, Imam Nasafi in Kafi and Imam Zayl’ee in Tabyeen al-Haqaiq held this as the preferred stance.

Ghayah al-Bayan: “and this is what Abu Hanifah has taken and that is well-known from him.” 

Al-Yanabee’: “And that is correct from Imam A’zam Abu Hanifah.” 

“The Ashab al-Mutoon have preferred it and the commentators are satisfied with it. So it is proven that is the Madh’hab of the Imam.” [al-Bahr al-Raiq] 

It is written in Radd al-Muhtar and al-Bahr al-Raiq: “it is not permitted to turn away from the stance of the Imam.”

Thus, the opinion of the Imam regarding the beginning time of Asr is the preferred stance and the most correct position, as it has been authenticated by the majority of jurists, and the action should be upon that which the majority of scholars are towards. This stance is what the books of Mutoon agree with, and the books of Mutoon supersede all other books. Praying Asr according to the time of the Imam is the most cautious and safest action, as Asr will be complete according to both the Imam and the Sahibayn. However, if Asr is prayed according to the time of the Sahibayn, then according to the Imam, Asr will not count. In addition, to act upon the stance of the Imam is Wajib [necessary], unless there is an apparent necessity to act against it, as declared in the major books of Hanafi Fiqh.

A’la Hazrat Imam Ahmad Rida in his magnum opus, Fatawa Ridawiyyah states:

“Within the second shadow (time of the Sahibayn), Asr will not be complete, in fact the Fard will still be binding.” [Fatawa Ridawiyyah, volume 5, page 135]

A’la Hazrat Imam Ahmad Rida further states:

“If an individual knows that after the second shadow (time of Asr according to the Imam), he will be able to pray with Jama’ah, even if it is with one individual, then he should not join the void – or at least Makruh with severity – Jama’ah (referring to the Jama’ah conducted in the time of the Sahibayn) and pray with the correct Jama’ah after the beginning of the agreed time (the time of the Imam). And if he knows that he will not find anyone to pray Jama’ah with later, then, following the [opinion of the] Sahibayn he should join the Jama’ah. Then after, to acquire the correct and agreed upon [time], and to eliminate the karahat, repeat the Salah after the second shadow (after the beginning time according to the Imam).” [Fatawa Ridawiyyah, volume 5, page 136] 

Sadr al-Shari'ah Allamah Amjad Ali Azmi states:

"Excluding the original shadow (Sayah e Asli) when it becomes twice its length (time according to Imam e A'zam), if Asr was commenced then, it is complete. If Asr was commenced before the two shadow lengths (time according to Sahibayn) it remains incomplete." [Fatawa Amjadiyyah, volume 1, page 47, ruling 83] 

Therefore, Asr Salah cannot be prayed according to the time of the Shafa’i Madhab or the opinion of the Sahibayn. It is necessary to pray Asr according to the time of Imam e A'zam, which is when the length of the shadow of an object is twice its length, as upon it is the Fatwa and the verdict of the majority of the jurists. If Asr Salah is prayed according to the stance of the Shafa’i Madh’hab or the opinion of the Sahibayn, it will have to be repeated at the correct time of Asr, which is the stance of Imam A'zam.

And Allah knows best.

Muhammad Kalim (Preston, UK)

Verified by Mufti Zahid Hussain al-Qadri

Published in Hanafi Fiqh
Sunday, 22 April 2012 21:49

Status of Salah behind non Hanafis

Question:

Assalaamu Alaykum respected Mufti Sahib,

I have a question regarding the status of our Salah if we were to read behind Imams who are not Hanafis but are either Shafi or Wahabis. I am a University student in London and the Mosques that I go to pray my Salah are Shafi or Wahabi. There isn't any Hanafi mosques in this locality. Is my Salah valid? Is there a difference of opinion among the Hanafis on this issue? What is the relied upon position? Is it better for me to pray alone or behind a bidati? What comments do the Ulema have about some examples we can extract from the Salaf where they had read Salah behind the people of Bida? 

Please can you answer all the contentions that I have put forward. This issue is really puzzling me, and I would like some clarity on the issue. 

JazakAllah Khair 

Wassalaamu Alaykum

Answer:

Wa Alaykum Al-Salam,

Answer:

A Hanafi can perform his Salah behind an Imam who is a Shafa’I as long as the Imam fulfils the obligatory acts and conditions of cleanliness and Salah according to the Hanafi Fiqh as well as fulfilling the obligatory and necessary acts of his own school of thought. Imam Ibn Abideen writes in his Radd Al-Muhtar, “If one knows that the Imam fulfils the obligations of the pre-conditions and conditions of that specific Salah, although he does not fulfil the necessary (wajib) acts, then there is no harm in performing behind him”, similar to this, is mentioned in Bahr Al-Raa’iq of Ibn Nujaym Al-Misri. In Al-Fatawa Al-Hindiyyah, it says that Salah behind the Imam of the other three schools is permissible as long as the Imam does not hold prejudice opinions against our school, he fulfils the obligatiory acts of cleanliness (ablution) according to our school and that his Salah would not be deemed as invalid in our school”. Therefore, if blood exits the body of the Imam, flows onto his skin and he does not perform ablution again then the Salah of a Hanafi behind such an Imam is invalid. In the same book it also says that if one does not know if the Imam fulfils the aforementioned conditions then his Salah will be valid but disliked. In the case that the Imam does cater for the Hanafi followers, it is more virtuous to perform in congregation behind him rather than performing alone. However, in the case of the Salah in congregation being disliked, it is better to perform Salah alone for he is excused from congregation and something disliked to Allah and His beloved (peace be upon him) can not be better than that which is not disliked.

To perform Salah behind an open sinner or a misguided person (one from the people of bid’ah) whose misguidance has not reached infidelity is severely disliked and must be repeated (Kariha Tahreeman Wa Tajibu I’aadatuhu). In Durar, Tahtaawi Al-Durar, Majma’ Al-Anhar, Tabyeen Al-Haqaa’iq, Al-Fatawa Al-Ridwiyyah, Radd Al-Muhtar, Bahar-e-Shari’at and several other books of Hanafi Fiqh it says, “It is disliked (severely) and it is necessary to repeat such pray for showing disrespect towards them is necessary and they do not care in the matter of their religion”.

The Messenger of Allah said, “When a sinner is praised, it causes the anger of Allah and due to it, the arsh shakes”. In putting forward an open sinner or a misguided person for leading the prayer is showing him much great respect, surely that is praising the person and a means to gain the anger of Allah. The Imam is an intermediate between the servant and Allah and therefore one should be cautious of whom he chooses as his Imam. In Mishkaat Al-Masaabeeh, Hazrat Ibrahim Ibn Maysarah narrates that the Prophet (peace be upon him) said, "He who respects a misguided person has helped destroy Islam". The Messenger of Allah (peace be upon him) also said, “Do not sit with them, do not eat with them, do not converse with them, do not perform Salah with them………..”. In Bayhaqi, regarding the great Muhaddith, Imam Muhammad Ibn Mubarak, it says that two deviants came to his gathering and asked Him if they could recite a Hadeeth to Him, Ibn Mubarak replied, "I do not want to hear a Hadith from you". They asked if they could recite a verse of the Qur'an, again Ibn Mubarak replied, "I do not want to hear a verse from you, either you both leave or i will leave". So they left. The students asked why he did not hear a verse for surely they can't fabricate a verse. He replied, “what if they incorrectly commented on the verse and that commentary touched my heart, I would have also become misguided”. It has been recorded by Sheikh Abd Al-Qadir Al-Jilaani that one must not associate with the misguided people to protect his own faith and that Fudayl Ibn Ayad used to say, “When you see a deviant on a path, take another path”. Sayyiduna Ayyub Al-Ansari used to change his path when he used to see a misguided person as is recorded in Bayhaqi. This was the way of our predecessors (Salaf). They did not perform their Salah behind the misguided people. If one claims such then it is upon him to bring evidence. As for the Wahhabies, their misguidance and texts of infidelity are clear upon all (although we are cautious from labelling them apostates) and therefore one's Salah behind them is invalid and must be performed alone if there is no other Imam and verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Published in Salah
Sunday, 22 April 2012 21:31

Are Hanafi's Grave Worshippers?

Asalam Wa alakum, 
I recently watched a short video of a somewhat popular 'Shiek' putting Hanafis in the same category as Grave Worshippers.
I would just like to know why one might think such a thing, and see some form of hadeeths of certain practices that may or may not lead one to believe such a thing. Also, what is and what is not permissible according to Quran and Sunnah for one to do whilst visiting a grave?

Allah Knows Best,
JazzakAllah Kahir

Answer

To label followers of the Hanafi school of thought as grave worshipers is nothing but ignorance and misguidance and the habbit of the Wahhabi, Salafi and Deobandi sect. The Wahhabi and Salafi make such ignorant comments due to the lack of knowledge they take from the Salaf (the pious predecessors). They try and understand the Quran and Hadith according to their own intellect rather than following the explanations given by the Salaf, yet they call themselves Salafi. Deobandies make such comments due to being highly influenced by the Wahhabi and Salafi sect and also due to the disastrous mixture of beliefs that has reached them through the Fatawa (religious verdicts) and Sawanihaat (Biographies and Historic events) of their Deobandi predecessors. One should refer to books such as Zalzalah by Allamah Arshad Al-Qadri to witness this disastrous mixture and to other books of the scholars of the Ahl Al-Sunnah written in refutation of the aforementioned sects.

It is from the fundamentals in Islam that worshiping anything or anybody other than Allah is polytheism and infidelity. Therefore, to label a Muslim as a grave worshiper is labeling a Muslim as a polytheist and an infidel. The messenger of Allah (peace be upon him) said,

"When a Muslim calls another an infidel, one of them is an infidel".

And the messenger of Allah (peace be upon him) said,

"When a Muslim labels another as an infidel, if he is not an infidel then the label returns upon the caller." (Bukhari)

Those who label Muslims that follow the Hanafi School as grave worshipers should take heed from such Hadith.

In regards to graves, the messenger of Allah (peace be upon him) said,

"I used to forbid you from visiting the graves (but now I give you permission), you should visit them." (Muslim)

Sayyidah Aishah (Allah is pleased with her) said,

"When the dear Prophet (peace be upon him) used to spend the night with her, in the last part of the night he would go to the graveyard of Madinah.” (Muslim)

From the above we understand it is permissible, encouraged and Sunnah to visit the graves of the believers.

When Muslims go to the graves of the pious, they seek Tawassul. This could be supplicating to Allah and using the pious as a medium or directly invoking the deceased to help. This is with the belief that Allah has given them the power to help. This was the practice of the Sahabah. Imam Bayhaqi and Imam Ibn Abi Shaybah have recorded,

“In the time of Umar’s caliphate the people faced a drought. Bilal Ibn Al-Haris came to the grave of the Prophet (peace be upon him) and said, “O’ Messenger of Allah! Plead rain for your nation for they will be destroyed.” The messenger of Allah came into his dream and said, “Go to Umar, give him my greeting and tell him they will be given rain.” Bilal Ibn al-Haris came to Umar and gave him the news. Umar cried and they were given rain.” (Ibn Ab Shaybah in his Musannaf narrated with a sound chain. Imam Bayhaqi in his Al-Dalaa’il. Ibn Katheer in Al-Bidayah Wa Al-Nihayah)

This was also the practice of our pious predecessors. It was the practice of Imam Maalik, Imam Shafa’i and Imam Ahmad. Imam Qadi Ayadh in his Shifa mentions that when Abu Ja’far Mansoor, the second caliph of Banu Abbas came to the holy shrine of the Prophet (peace be upon him) Imam Malik was also present in the Masjid of the Prophet (peace be upon him). The Caliph Mansoor asked Imam Malik,

“O’ Father of Abd Al-Allah, shall I face the holy Ka’bah or shall I face the shrine of the beloved?”

Imam Malik replied,

“Why would you turn your face away from the beloved Prophet (peace be upon him) as he is your means to reach Allah as was for your father Adam (peace be upon him). Therefore, face him and ask his intercession. Allah will accept his intercession.” (Al-Shifa)

Imam Khateeb Al-Baghdadi writes,

“In the days when Imam Shafa’i was in Baghdad he would practise Tawassul through Imam Abu Hanifah. He would come to the shrine of Imam Abu Hanifah as a visitor and would greet him (by saying Al-Salam Alayk). After, he would use him as a means in the court of Allah for gaining his needs.” (Al-Taareekh of Imam Khateeb Al-Baghdad)

Ibn Abideen writes that Imam Sahafa’i said,

"I seek blessings from Abu Hanifa by going to his grave. When I am in need of something I perform two units of salah, go near his grave and supplicate to Allah. My need is fulfilled quickly" (Radd Al-Muhtar)

Sheikh Abd Al-Haqq, the great Muhaddith writes in his Sharah of Mishkaat Al-Masabeeh,

"Imam Shâfi’î said that the grave of Sayyiduna Mūsa Kāzim (Allah is pleased with him) is a place where supplications are accepted immediately" (Ashi’ah Al-Lam’aat)

Ibn Hajar Al-Makki writes,

“It has always been the practice of the scholars and those in need, to go to the shrine of Imam Abu Hanifah (Allah is pleased with him) and use him as a medium to seek the removal of their difficulties. These people believed this to be a means of success and received great rewards from this practice. Whenever Imam Shafa’i (Allah is pleased with him) was in Baghdad, he would go to the shrine of Imam Abu Hanifah (Allah is please with him) and seek blessings from him. He said, whenever I am in need, I offer two units of salah and then go near his grave. I pray to Allah at this place and my difficulty is immediately removed.” (Al-Khayrat Al-Hissan)

Imam Nabhani has written,

“Imam Ahmad Ibn Hanbal practised Tawassul through Imam Shafa’i. Upon that, his son Abd Al-Allah was amazed. Imam Ahmad Ibn Hanbal said, “Imam Shafa’i is such a great person that he is like the sun for mankind.” (Shawahid Al-Haq)

Seeking help from Allah using the deceased as a medium is a tradition of our most beloved Prophet (peace be upon him). He (peace be upon him) would use himself and the past prophets and messengers as a medium in his supplications. For example,

“When the mother of Ali Ibn Ab Talib passed away, the Prophet (peace be upon him) supplicated to Allah in these words, “O’ Allah, forgive my mother, Fatimah Bint Asad and make spacious the place she shall enter through your Prophet and through the Prophets that were before me (that have passed away).” (Ibn Hiban, Imam Hakim and Imam Tabrani in his Al-Kabeer and Al-Awsat)

In regards to the etiquette of visiting the graves, the great Hanafi Jurist, Imam Ahmad Raza (Allah is pleased with him) writes in his Al-Ataya Al-Nabawiyyah and his student, the great Jurist Sadr Al-Shari’ah writes that one should stand near the feet with respect and recite the Quran and supplicate to Allah. They also write that it is prohibited (Mana’) to touch or kiss the garve, impermissible to circumbulate the grave as is practised on the Ka’bah and it is forbidden and an act of infidelity to prostrate to the grave, Worshiping the graves is infidelity. Allah is the source of all help and the friends of Allah are the means of gaining Allah’s help. This is the belief of the Ahl Al-Sunnah Wa Al-Jama’ah. There is nothing in the Quran or Hadith that refutes this belief but in actual fact this belief is established from the Quran and Hadith. Please refer to the articles on Tawassul and seeking help from the friends of Allah to gain a better understanding.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Published in Hanafi Fiqh

Answer

The Hanafi school of thought is not the only correct school of thought. There are four schools of thought in Islam according to the Ahl Al-Sunnah Wa Al-Jamaa'ah and they are all correct. They are Hanafi, Maaliki, Shafa'i and Hanbali. The consensus of the pious predecessors is as follows in the words of Imam Al-Shah Wali'-Allah Al-Dehelwi in his famous Hujjah-Allah Al-Baaligah,

"The Ummah or those from the Ummah who are considered as an authority, have unanimously agreed until this day, upon the following of these four preserved schools of thought. There is much wisdom in this which is apparent, especially in these days as people have become weak".

The principle that Imam Ab Haneefah (Allah is pleased with him) followed, is to firstly seek an answer from the book of Allah, secondly from the Sunnah of the most beloved messenger (peace be upon him), thirdly from the lives of the rightly guided Caliphs in order of their caliphate, fourthly from the rest of the knowledgeable companions, fifthly from the lives of the great scholars and their consensus and finally, if an answer is not found from the former means only then qiyas (analogy) was considered. Qiyas is to analyse (refer) something with the Qur'an and Hadith and not the intellect. This is in accordance to what Allah, the greatest, says in the Quran,

"O you who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if you have a dispute concerning any matter, refer it to Allah and the messenger if you are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end" (Surah Al-Nisa', Verse 59).

This was the way of the great Imam and thus he was praised by all his contemporaries such as Imam Maalik and by our pious predecessors such as Imam Al-shafa'i and many others. The great scholars of Hadith and Fiqh in his time were his students, like the chief justice of Persia, Imam Qadi Ab Yusuf and the great Muhaddith Imam Muhammad Ibn Mubarak. There are many quotes in his praise of great scholars and there are many great names in the list of his students and those who followed his school of thought. One should read about his eminence in Al-Khayraat Al-Hassaan by Imam Ibn Hajar Al-Makki.

In Bukhari, there is a Hadith that the Prophet Muhammad peace be upon him placed his blessed hand on Sayyiduna Salaman Al-Faarsi and said,

"When Islam moves away from the people to the sky, a man from Persia will bring it back to the people".

The scholars explain that there has been no greater Persian Scholar than Imam Ab Hanifah who benefited Islam in such a great way.

And verily Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of scholars) 

Published in Hanafi Fiqh