Join Date: Oct 2007
I recently came across this (again)! Truly, whatever answer you seek regarding the problems that sunnis face today will (in sha' Allah) be found within this magnificent work - Fatawa Ridawiyyah Sharif
A Fatwa from Volume 21 Page 157 - 161, Rendered into English with Explanatory Notes By International Sunni Research Institute (UK)
Legal Opinion of the Mujaddid of the 14th century Hijri, the great Wali Allah, the Theologian, the Faqih, the Mujtahid, the Hadith specialist, the accomplished Scholar, defender of the Prophet's, Salla Allahu ta'ala 'alayhi wa Sallam, Excellence, the Imam of the Ahl as-Sunnah w'al-Jama'ah, Shaykh Ahmad Rida Khan, 'alayhi al-rahmah w'al-ridwan.
Istifta': - (Judicial query)
From Peli Bhit, Kachehri, Kalkatari. Enquirer, Mawlawi 'Irfan 'Ali, Ridwi, Barakati, Bisapuri, 10th Dhul-Hijjah, 1332 Hijri:
What do the 'Ulama (specialist qualified scholars) of the Din (sacred Religion) and Mufti's (legal experts of sacred law) of shar'i matin (the definitive sacred law) rule on this issue that; Muslims who go with the purpose of observing the festivals of Hindu's like during the Dussehra*, etc, are their women no longer in nikah (legal marriage)? Is it also prohibited for traders or salesperson to go?
Al-Jawab: (the reply: a legal opinion from the adillah shar'iyyah; proofs of shari'ah, i.e. the primary and secondary sources of Shari'ah; Islamic Sacred Law)
Their going for the purpose of observing the festival is mutlaqan (unrestrictedly i.e. under any circumstances) impermissible (la yajuzu). If it is their (Hindu's) religious festival, in which they exhibit their kufr and shirk (acts which confirm and determine disbelief and idolatry, i.e. negate the belief of Tawhid), screaming expressions of kufr, then it is self-evident. And, this circumstance is a severe haram (an absolutely forbidden act whose validity is not restricted to the limitations of time and circumstance, hence, a tashri 'amm; general legislation which is in direct violation of shari'ah, contrary to the Will of Allah, azza wa jalla) from the Kaba'ir (major sins, i.e. substantiated by dalil qat'iy; definitive proof) nevertheless it is not kufr (act determining one's disbelief) if is scornful (maintains a state of contempt in the heart from such acts and expressions) of kufr orations.
Yes, ma'adh Allah; Allah protect us, if he is pleased or approves or takes it lightly (insignificant, non-sacrilegious or regards it not to be an impious act) then is himself (a self-asserted) kafir; disbeliever, and in such a circumstance the woman will not remain in nikah (in lawful marriage) and he from Islam (excommunicated), otherwise is a fasiq; evil-doer, and (an act of) fisq does not nullify nikah, nonetheless, the wa'id (threat of punishment) is severe.
Furthermore, to exhibit (acts of) kufr as a spectacle of entertainment is dalal ba'id; far-reaching straying. It is reported in a Hadith:
'He who augments the mass of a nation, he is from them and he who is content (approves or is pleased) with any act (contrary to shar i'ah a nation is (equally) a participant of the person doing the act.' [Reported by Abu Y'ala' in his Musnad & by 'Ali bin M'abad in the Book of at-ta'ah w'al-m'asiyah; Obedience & Disobedience on the authority of 'Abd Allah bin Mas'ud, Allah be well pleased with him, from the Prophet, Salla Allahu ta'ala 'alayhi wa Sallam.
And, also reported by Imam 'AbdAllah bin al-Mubarak, 'alayhi al-rahmah w'al-ridwan, in Kitab az-Zuhd, on the authority of Abi Dhar, Allah be well pleased with him, whilst according to Khatib it is reported on the authority of Anas, Allah be well pleased with him, from the Prophet, Salla Allahu ta'ala 'alayhi wa Sallam, narrated with the words:
'He who augments with a nation is from them'.]Furthermore, if it is not a religious festival, merely lah'w wa la'ib; amusement and plaything, all the same it is unlikely the festival will be void of munkarat and qaba'ih (reprehensible, forbidden acts and physically or morally vile acts) and the exhibiting of munkarat as spectacles of entertainment is also impermissible. It is decreed in Radd al-Muhtar:
'Every lah'win (amusement) is Makruh (reprehensible i.e. a disapproved act) and stating it (that every lah'win is makruh) itlaqan (as an absolute, unqualified and unrestricted ruling) includes both the enacting and its listening of.'It is stated in Tahtawi, in the front opening of the book, elucidating upon unlawful knowledge, (whilst) mentioning (the learning of) conjuring:
'Evident from that is the prohibition of viewing them (i.e. unlawful acts) because the observing of the unlawful (act or speech) is (also) haram (unlawful).'That is, the acts of a conjurer, juggler, magician, acrobat and a sorcerer, all are haram and observing their shows and exhibitions for entertainment are also haram (unlawful) because making an entertaining show of a haram is (also consequently) haram, especially if some devilish nonsense of disbelievers is considered to be good/noble, then it is (clearly) a severe tribulation...and as such renewing of faith and marriage will be decreed.
It is (stated) in Ghamz al-'Uyun:
Our Masha'ikh (the authentic Scholars) have agreed that whoever regards any affair/act of the disbelievers to be good has (himself) become a disbeliever, to the extent of stringency that they said regarding a person who said that, their abstention from speech whilst dining is a good thing of the Majus (Zoroastrians) or their abandoning sleeping with them (their women) whilst menstruating is a good thing, then he is a Kafir (disbeliever).'[i.e. To say or to deem, the traditions, customs, rituals, habits, folklore of the people of kufr, to be 'good', is in (consistent with) true Islam, mujib-e-kufr; inducing one's disbelief.]
And, if going is (solely) for the purpose of trade or sales, then if the festival is for (commemorating) their kufr or shirk then going is impermissible and prohibited, because, now this place is their m'abad (legally considered to be their place of false and blasphemous worship) and going to the place of worship of disbelievers is a (major) sin.
It is (stated) in Taymiyyah, then TatarKhaniyyah, then Hindiyyah:
'It is makruh (reprehensible) for any Muslim to enter the synagogue or the church, and in truth it is makruh due to its being a place of the assembling of devils.'It is (elaborated further) in Bahr ar-Ra'iq:
'It is evident that indeed it (makruh) is tahrimiyyah (to enter the synagogue or church) since that only, is intended when (mentioned) unrestricted (as an absolute ruling).'
Moreover, it is (enlarged upon) in Radd'ul-Muhtar:
'So, when it is haram to (merely) enter (the synagogue or church) then (conducting) salat is by foremost degree (an obvious haram)''(Lastly), And if (the festival of Hindu's) is (simply) for amusing and games (not a Hindu faith festival), and guards himself from it, neither participates in it himself, nor observes it, and does not sell those items of amusement or playthings of theirs (Hindu's) which are forbidden, then (in such circumstances) it is permissible, however, it is still inappropriate, for their congregations are always mahal e l'ian (sites of imprecation and condemnation), hence, virtue and safety is in distancing from it, for this reason the 'Ulama' (righteous scholars) have said, when passing their (immoral and debauched) sites then one should leave hurriedly.
It is (clarified) in Ghunyah Dhaw'ul-Ahkam, then in Fathu'l-'ayni and then in Tahtawi:
'They are sites of imprecations prevailing (over them) at all times, hence, there is no doubt that to stay in all such places is makruh (unrestrictedly reprehensible), rather whenever one has to pass nearby such places, he should do so in a rush, sprinting by, and hence as such we find reported in our (sacred) traditions.'4And, if he himself participates, or observes the spectacle, or sells those items of pleasure (of Hindu's and or is symbolic of their faith) which are mamnu' (forbidden, hence, in violation of shari'ah) then is itself a sin and impermissible.
It is (expounded upon) in Durr al-Mukhtar:
'We have elaborated earlier, consolidating (our legal rule) with (that of) an-Nahr'ul-Fa'iq, indeed, that which itself precisely incorporates a sin, the sale of it is makruh tahriman otherwise its (sale) is tanzihan.'It is also (elaborated) in Fatawa 'Alamgiri,
'When a Muslim decides to enter Dar'ul-harb (land of abode of non-Muslims with which Muslims are at war with i.e. abode of disbelievers or kufr, where disbelief or disbelievers are predominant, rule) peacefully for trade purposes, and accompanying him is his horse and arms, and he intends not to sell these there, then he should not be prevented (from doing so).'Yes, there is one situation of absolute permissibility, which is this, that a 'Alim (righteous scholar) goes there (to such Hindu festivals, religious or otherwise, with the intention) to invite people to Islam, (obviously only) when he is competent to do so, such a deed is hasan (good) and mahmud (commendable), even though it may be their religious festival. Going as such is established many a time from the Prophet,Salla Allahu ta'ala 'alayhi wa Sallam, himself.
The festive seasons (during the Prophetic era) of the mushrikin (idolaters) were also (occasions of) pronouncements of shirk...in their labbayka (talbiyya: ), they would say:
'You have no partner, but that partner, who You possess (control), and he does not own (control) You.'
When those foolish (idolaters) would reach 'la sharika laka' (You have no partner ' in their pronouncements) the Messenger of Allah,Salla Allahu ta'ala 'alayhi wa Sallam, would (interupt and) say:
'way'lakum qattu, qattu' (woe unto you, enough, enough,)That is, do not proceed further with istithna' (exceptions, over 'You have no partner').'
wa Allahu, ta'ala a'alam
(And Allah, the Most Sublime, is All-Knowing.)
[*Dussehra is a popular festival celebrated by Hindus all over India, albeit with different names. It is also known as Vijayadashmi ('Vijay' meaning 'victory' and 'Dashmi meaning 'tenth day), as it is believed that it was on this day that Lord Rama killed the demon-king, Ravana and rescued his abducted wife - Sita. In other words, it signifies the triumph of good over evil. The legendary triumph is re-enacted to the day. In the northern parts of India, huge effigies of Ravana, his giant brother Kumbhkarna and son Meghnath are placed in vast open grounds. Fireworks and crackers are placed inside the effigies.]
' Nasb al-rayah li ahadith al-Hidayah in reference to Abi Y'ala and 'Ali bin M'abad, Allah be well pleased with them both, Kitab ul-Jinayat, al-maktabah al-Islamiyah, Volume 4 page 346.
' Kanz ul-'Ummal in reference to the report of Hatt from Anas, Allah be well pleased with them both, Hadith No. 24681, Mu'assasa al-Risalah, Beirut, Volume 9 page 10, also Tarikh Baghdad, under the Biography of 'AbdAllah bin 'Atab entry no. 5167 Dar ul-Kitab al-'arabi, Beirut, Volume 10 page 40.
' Radd ul-Muhtar, Kitab al-Hazar w'al-Ibahah, Chapter of Sales, Dar Ihya at-Turath al-'Arabi, Beirut, Volume 5, page 253.
' Hashiyah at-Tahtawi, 'ala ad-Durr al-Mukhtar, khutbat'ul-Kitab, Dar al-M'arifah, Beirut, Volume 1 page 31.
' Ghamz 'Uyun al-Basa'ir m'a al-Ashbah w'an-Naza'ir, al-fann ath-thani, Idarat'ul-Qur'an w'al-'Ulum al-Islamiyah, Karachi, Volume 1 page 295.
' Fatawa Hindiyyah, Kitab'ul-Karahiyyah, Chapter 14, Nurani Kutub Khanah, Peshawar, Volume 5 page 346.
' Radd'ul-Muhtar, with reference to Bahr ar-Ra'iq, Kitab'us-Salat, matlab tukrihu's-salatu fi'l-kanisati, Dar Ihya' at-Turath al-'Arabiyy, Beirut, Volume 1 page 254.
' Durr al-Mukhtar, Kitab al-hazar w'al-ibahah, faslun f'il-bay'i, Matba'a Mujtaba'iy, Delhi, Volume 2 page 247.
' Fatawa Hindiyya, Kitab'us-Siyar, Seventh Chapter, Nurani Kutub Khanah, Peshawar, Volume 2 page 233.
' Sahih Muslim, Kitab'ul-Hajj, Bab at-Talbiyati wa sifatiha wa waqtiha, a close wording to the above. Hadith no. 2711 on the authority of Ibn 'Abbas, Allah be pleased with them both.
at times a Shaykh’s worst enemies are his own followers.