» 16th April 2012
37) Hanafi Fiqh Principles
Ruling
Since it is Fardh to save the Muslims in general from any harm, therefore if any unnecessary act (not ordered by the Shariah) of the elite (Ulama, Mashaaikh, etc.) creates harm to the beliefs of the public, then such an act will be Makrooh for the elite to carry out. They should ensure that they abandon such acts.
The following incident was reported in the Hadith Shareef that Nabi (sallallahu alayhi wasallam) intended incorporating the Hateem into the Kaabah. But because it would have caused misgivings in the hearts of the new-Muslims and also that this was not an ordered act of the Shariah, Nabi (sallallahu alayhi wasallam) abandoned his plans. He had stated his reasons also. Although it would have been preferable and better to incorporate the Hateem into the Kaabah Shareef, but in view of the harm it would have caused to the masses, Nabi (sallallahu alayhi wasallam) did not implement his plans. It is stated in Ibn Majah from Hadhrat Abdullah (radhiallahu anhu) that it was a Sunnat to feed the people of a funeral in the first day, but when people started regarding it as a custom, this practice was abandoned and forbidden. Just look, the elite have also abandoned this practice with the intention of saving the (beliefs) of the general masses. [Islaahur Rusoom, page 115]
It was for this reason that the Fuqahaa have, on numerous occasions, closed the consent to Mubaah practices in order to save the masses from Deeni harm. This is the reason why the present-day Muhaqqiqeen also prohibit the practices of moulood, faatiha, etc. [Imdaadul fataawa, page 72, vol. 4]
Now if any person claims that he will hold a gathering which is free from all the evils which accompany these gatherings (of Moulood and faatiha, etc.), then too permission will not be granted. For example, if there is a plague of cholera and the governor of the area realised that the plague is worsened by the guavas and cucumbers. Hence, he gives an instruction that these two items not be sold or eaten. If the police see anyone with any of these then they will immediately confiscate it. Now what if a person says that he is healthy and fine, hence he must be given permission to eat it or that because he is healthy he must be able to sell it. Will such consent be granted?
Most certainly not! In fact the ruling will remain general. Similarly here also the ruling will remain general, so we should not be chastised for issuing his decree. [Da`wat Abdiyat, page 14 and 124]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
» posted by Seifeddine-M on 16th April 2012 -
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