20) Hanafi Fiqh Principles
It Is Impermissible To Thwart One Sin With Another
It is certainly not permissible to choose a sin in an effort to leave out another, in fact from the very outset that sin was to have been avoided. For example the cure of nazar-e-bad (evil eye) is not that the stomach be filled once, in fact the need was that the gaze be lowered (in the first place), although this is difficult. [Anfaas `Aini, page 176, vol.1]
There was once a learned person who used to practice daswi during the month of Muharram (a Bid`ah practice celebrated on the 10th of the month). He gave his reasoning that this was a way in which people did not attend the Shia celebrations (during this time and they attended his function). A ghair-muqallid molvi gave him a fitting reply that he should keep the same on the Hindu diwali and holi celebrations, with this intention of his, so that people don’t attend them, because insofar as the sin involved in both (this persons functions and that of the Hindus or Shiahs) are the same. [Hasnul Azeez, page 229, vol. 2]
It Is Permissible To Make One Act Of Obedience A Means For Another Act Of Obedience
Will it be permissible to recite the Qur`aan Majeed in (rigid) sequence (i.e. for learning and memorising hifz), in Sunnat Salaats? The reason for this doubt is that in this method the Sunnat act, which is an objective Ibaadat in itself, appears now to become a means for carrying out another act of ibaadat.
The answer is that it is permissible, because hifz of Qur`aan Majeed is also an act of ibaadat and it is permissible to make one act of ibaadat a means for another. [Da`wat Abdiyat, page 150]
Can Something Which Is Not Recorded Be Used As A Proof Or Not?
A Mufti Sahib had averred that something which is not recorded cannot be used as a proof. I say that in such an important issue, nonrecording of it can also be a proof. There are many occasions where the Fuqahaa and Muhadditheen have said in negation of a mas`alah, lam yuthbit (not established). [Husn Azeez, page 51, vol.4]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
» Posted by Seifeddine-M on 23rd January 2012
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