| 12) Principles Of Hanafi Fiqh - Miscellaneous Laws
Miscellaneous Laws
The Ruling And Explanation Of Alaahum Falaahum
The Fuqahaa have written that it is Waajib to consider the rule of alaahum falaahum. That is, it is Waajib to execute an important task immediately, and it is Waajib to abandon that thing which interferes.
Therefore, if it is Salaat time and Jamaat is standing up, and at that moment a kaafir tells you to make him a Muslim, then it is Waajib to make him a Muslim and if you miss the Jamaat, then you should not be concerned about it, whereas Salaat with Jamaat is also Waajib.
When the Shariah has placed so much stress and importance on this rule that in lieu of one important task, it is Waajib to sacrifice a Waajib or Nafl duty, then tell us, when an important duty like the reformation of your Deen comes up and some (frivolous or other mundane) journey impedes your attending your muslih (sheikh), because besides this free time you have no other, how then can this journey be permissible for you to undertake? How can this (normally) permissible act not become prohibited for you because you are sacrificing an important Deeni task because of it?
I ask you what Fatwa can be ruled for such a person who is very hungry and has not yet eaten, but he wiles away his time and squanders his money whiles loitering around the bazaars? Even if the whole world of Fuqahaa have to get together and unanimously rule the prohibition of strolling around the market-place, they will not be successful in proving this. But I can tell you with certainty, that if this person persists in this action, then he will certainly die of starvation.
Why is this, when he has not committed any impermissible act? Both actions are permissible according to the Shariah – eating and strolling the bazaar. Nevertheless, if this act is censured, then the reason will be that whilst both acts are permissible, there has to be some order in executing them. The more important one will have to be granted preference over the other. Since this person has not granted preference to the more important task, he will destroy himself. This is a simple matter which does not require a fatwa or any explanation. Even the most simple-minded person will not contradict this, most obvious issue. [At-Tabligh, page 84, vol. 1]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» Posted by Seifeddine-M on 9th December 2011
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