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Dynamic Ijtehad

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#1 [Permalink] Posted on 8th September 2014 13:04
Assalamu alaykum

I call it Dynamic Ijtehad. Ijtehad based on the prevailing situation.
Let me quote a story about Hakeemul Ummat RA

Once Moulana Ashraf Ali Thanvi RA visited a village. The situation there was worse. He met the local muslim villagers and asked them what are the festivals they celebrate. They replied:

1. 10 days of Muharram
2. Dusserah, a Hindu festival

Moulana surprised his murideen by saying "stop the dusserah and continue with Muharram"

The murideen asked "moulana you are a warrior against these bidah and shirks and you have allowed them to celebrate Muharram"

Moulana replied "First let them stop a hindu festival and keep one which is nearer to Islam. Let them be associated to some kind of Islamic symbol " Means, door will be open to give dawah to them because of Islamic Identity.

Kindly note that Moulana was attacked and abused for his fight against bidah and shirk. And attacks still continue.

If a similar question would have been asked at Moulana's place, a different fatwah would have been offered.

Hope the message is clear.
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#2 [Permalink] Posted on 8th September 2014 13:21
It reminds me ''ud'oo ila sabeeli rabbika bil hikmah''
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#3 [Permalink] Posted on 8th September 2014 13:27

ahamed_sharif wrote:
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Let me give you 2 practical examples.

I have a very good friend of mine who converted from Hindu'ism 3-4 years ago. His wife was also a Hindu. Both husband/wife are learning to read the Qur'aan still and other issues of Fiqh. Yesterday she went to WOMEN ONLY Hajj program to a nearby Deobandi Masjid ran by Alimahs.

There is another Sister who converted to Islam 8 years ago from Hindu'ism, husband works all the time so she comes to the Masjid to learn Tajweed from Alimahs in the women section taught by women. She then teaches her children

If you prevent them coming to the Masjid where else would they go???

There are many many examples like this...

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#4 [Permalink] Posted on 8th September 2014 14:18

Muadh_Khan wrote:
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salaam

agreed. but allowances should not be the same for everyone and every situation. example: a woman who has the ability and facilities to learn and practice the deen in her own home has no need to venture outside.

also, we should not let our nafs come into what we make allowances for. if we make allowances for on section of our community who are in need, then we should also make allownces for other sections of our community who are in need. example: the homeless muslims. if we can open the doors of the masjid to women due to their need then we should also open the doors for the homeless due to their need.

sorry about the rubbish examples, but thats all i could think of at the moment as i have a hot, steaming plate of biryani in front of me.

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#5 [Permalink] Posted on 8th September 2014 14:24
Quote:
allowances should not be the same for everyone and every situation.


Perfect. That's why we should seek answers specific for our queries with pinpoint accuracy. Not all answer apply to similar situations, there are differing obstacles.

www.muftisays.com/forums/14-peoples-say/9023-to-fatwa-or-...
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#6 [Permalink] Posted on 8th September 2014 14:26
xs11ax wrote:
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Quote:
agreed. but allowances should not be the same for everyone and every situation. example: a woman who has the ability and facilities to learn and practice the deen in her own home has no need to venture outside.


Dynamic ijtehad is for particular place and for a particular community ONLY. Also conditions apply. Like when we get water, tayammum gets invalid. And one shall not be content with tayammum only.

The examples quoted by brother Muadh can't be put to practice else where. In Indian subcontinent we have better facilities.
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#7 [Permalink] Posted on 8th September 2014 14:35

Arfatzafar wrote:
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xs11ax wrote:
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Before discussing Ijtehaad or allowances who said that women going to Masjid is HARAM or Makrooh-Tahreemi?

Based on what?

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#8 [Permalink] Posted on 8th September 2014 14:45
Muadh_Khan wrote:
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We are not aware of the geography your particular masjid. I mean can woman visit a portion of a building which houses the actual masjid etc. The local scholars can collectively decide it.
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#9 [Permalink] Posted on 8th September 2014 14:48

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Let me ask the question the 3rd time.

WHO told that women visiting Masajid is HARAM or MAKROOH-TAHREEMI? Based on what?

Nothing to do with my geography or your geography? Who told that you its status so then you start to look into Ijtehaad based on "My Geography?"

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#10 [Permalink] Posted on 8th September 2014 14:53
Muadh_Khan wrote:
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Yes, it is required, scholars can decide only after physical inspection of the building which houses the masjid.
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#11 [Permalink] Posted on 8th September 2014 14:53

ahamed_sharif wrote:
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Let me ask the question the 4th time.

WHO told that women visiting Masajid is HARAM or MAKROOH-TAHREEMI? Based on what?

Nothing to do with my geography or your geography? Who told that you its status so then you start to look into Ijtehaad based on "My Geography?"

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#12 [Permalink] Posted on 8th September 2014 14:57
Muadh_Khan wrote:
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scholars can decide only after physical inspection of the building which houses the masjid.
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#13 [Permalink] Posted on 8th September 2014 14:59

ahamed_sharif wrote:
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So...

  1. You don't know what you are talking about
  2. You don't know the ruling
  3. You don't want to discuss or detail your understanding

But you firmly believe that the issue needs "Dynamic" or "Static" Ijtehaad whatever that may be???

Ajeeb...

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#14 [Permalink] Posted on 8th September 2014 15:01
The simple point which I am making here (for anybody else) is that something has to be prohibited, Haram, impermissible BEFORE you start considering circumstances, situations etc

I hope that the above point written in plain English is sufficiently clear.
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#15 [Permalink] Posted on 8th September 2014 15:03
ahamed_sharif wrote:
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I think you are misunderstanding Muadh's question. He is asking for the basis behind the general ruling on women going to any Masjid, regardless of its "geography" or facilities.
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