Fathwa

 

 Allah says in the Quran:   Sura 4 – verse 59

O ye who believe! obey Allah and obey the Apostle and those charged with authority among you.  If ye differ in anything among yourselves refer it to Allah and His Apostle if ye do believe in Allah and the Last Day: that is best and most suitable for final determination.

 

Allah calls the Muslims and tells them to obey Allah and His messenger, and also our leaders,  but if there be anything, in which our leaders tell us things, which are contradictory to what Allah and His Messenger have said, then if we be true believers in Allah and the Last Day,  then it is our duty to come to Quran and Hadees,  the words of Allah, and the sayings of the Prophet (s.a.w) – we are advised to adhere to our leaders and Imams only as far as they command us in accordance to Quran and Hadees,  if they contradict then we should not obey them, but we are advised to follow what is in the Quran and Saheeh Hadees. 

 

It has been a common practice with the Muslims, that they go to the Alims and ask for a Fathwa, when they are not sure about certain matters of Islam, and the Alims always give them their Fathwa (decision),  and the people go away happy and satisfied that they have the Alims verdict on the subject and most of them don’t bother to see whether the Fathwa of the Alim is in accordance  to the Quran and Saheeh Hadees,  or whether it is the Alims personal opinion,  and in many cases the Alims give their opinion and don’t in the least bother,  even if their verdict is contradictory to Quran and hadees. But we will have to be very careful to see if the Alims verdict is in accordance with the Quran and Hadees or not.  For if the Verdict of the Alim is Contradictory to Allah and His Rasool,  and if the people obey it,  then  according to what Allah has said these people have taken the Alim to be Allah  ( Al Quran Sura 9 : 31 ).

 

                   They (Christians and Jews ) have taken as their Gods beside Allah their rabbis (Alims and Ulemas)  and their monks and the Messiah son of Mary, when they were bidden to worship only One God. There is no god save Him. Be He glorified from all that they ascribe as partner (unto Him)!                Quran – ( 9 : 31 )

 

When the above verse was revealed to Prophet (s.a.w); Athee ibn Hathim (r.a) who was a Christian and who had come with a large group of Christians and had embraced Islam, he came to the Prophet (s.a.w) and said:

 

We have never worshiped our Rabbis and Monks (Alims and Ulemas) at any time, then why is Allah saying so, to this Rasool (s.a.w) said, do you take the words of your Priests when they say a thing is Halaal or Haraam, to this Hathim (r.a) said “yes” and then Rasool (s.a.w) asked, “ do you clarify as to what they say, whether it is in accordance to what Allah and His Prophet have said” and to this Hathim (r.a) said “no” ; then the Prophet (s.a.w) said “ this is how you have made them Allah,  for when your Alims and Ulamas say something contradictory to Allah and his Prophet,  you obey them blindly without in the least clarifying as to whether Allah and his Prophet said it,  then your Alims and Ulamas become the law makers and law givers, and you obey them blindly, then it is equivalent to making them Allah.

Narrated by Hathim (r.a)                            Book:  Ahmed; Tirmidhi

 

 

            In the Quran and the life of the Prophet (s.a.w) we have answers to all matters pertaining to our life,  and when a Fathwa is given by any Alims then we should clarify as to whether it is in accordance with the Quran and Hadees, failing to do so would make us stray from the righteous path prescribed to us by Allah and His Messenger.

 

 

                       Verily in the messenger of Allah ye have a good example for him who looketh unto Allah and the last Day, and remembereth Allah much.

Al Quran – 33 : 21

 

             When a matter is to be decided then we have to see as to what Quran and Hadees have to say about it – and then decide,  in the case of the absence of Quran and Hadees statements,  i.e, if the Quran and Hadees have nothing to say about a matter then IJMA (collective decision) is allowed where the Alims and Ulemas come to the best of their decision, and see as far as possible to go by Islamic Principles without violating them.  But when there is a clear statement in the Quran and Hadees regarding any matter,  then it is the duty of ALL Muslims to go by what Allah and His Messenger have stated; for to violate them would clearly lead us ASTRAY.

 

 

         It is not fitting for a Believer man or woman when a matter has been decided by Allah and His Apostle to have any option about their decision: if anyone disobeys Allah and His Apostle he is indeed on a clearly wrong Path.

  Al Quran – 33 : 36

                         

                  So, be a True Muslim and go by what Allah and His Messenger have said, and do not blindly follow anyone,  however great that person may be; for it is only the blind following of the people which has evolved so many different sects, and groups in Islam.  In India the Alims and Ulemas have given Fatwahs – whereby the Muslim women are prohibited from entering the Masjid for the five times prayer,  and most of the people follow these Alims and keep their women folks away from the Masjid though there is a specific Hadees whereby Rasool (s.a.w) has clearly stated “ do not prevent the women from entering the Masjid (for their five times prayer)”;  and Umar (r.a) has said,  I would have prevented the ladies from coming to the Masjid, had it not been for the words of Rasool (s.a.w) who said – do not prevent the women from coming to the Masjid”. To day most of the women in India think it a sin for the women to come into a Masjid.  There are also cases where the Alims and Ulemas have given permission to celebrate the Meelad Nabi, (the prophet’s birthday) though we know that this is an idolater’s practice of celebrating birthdays.  there are many such instances, like the segregation of Islam into different groups and sects,  where some of the Alims and Ulemas are leading the people astray with their false Fatwahs, and in such instances it is the duty of the other Alims and Ulemas or True Muslims,  who are well versed in Quran and Hadees to point out these false Fatwahs and bring an awareness of the Quran and Hadees to the common people and put them on the righteous path, the path shown by Allah and His Messenger; if not the common people would be committing SHIRK by not only following these false Fatwahs, but indirectly they would be making these false Alims their God (Allah).

 

May Allah guide us and help us to abstain from these false Fatwahs and lead us to Victory in Duniya and Aahera (ameen).

 

Wishing You All the VERY BEST
A.H.Nazeer Ahmed