Major Ulama need to be nuanced due to circumstances : Mufti Zarwali Khan (HA)

www.youtube.com/watch?v=Z-nHGr9XwwU

Partial Translation:

Shaykhul-Hind (Maulana) Mahmud al-Hasan Deobandi (HA) was a teacher of Maulana Asharf Ali Thanwi (RA) who had read 42 books from him.

He was also the teacher of Shaykhul-Islam (Maulana) Hussain Ahmed Madani (RA) who was the teacher of Allamah Yusuf Binnori (RA).

When he was released (by the British) from the exile in Malta, the students and professors of Aligarh Muslim University (AMU) came and said, “Hazrat, you are our Ameer too so come” and he went to them.

He said that due to the change in circumstances, we have to take care of these (university people) and cannot just continue to go with Madrasa folks.

You cannot turn a blind eye to the (prevailing) circumstances. In fact, it is written that a person who is not aware of the nuances of (his era) should not issue a Fatwa, he cannot be a Mufti.

(Prevalent) Times present circumstances which the Ulama need to confront. There are two kinds of Ulama:

One (on those) there is not a load of pressure. They should stick to (old) tradition and it is good for them.
Then there is a group of Ulama who are responding to the whole world, they will have to consider nuances (of their times)

Some of our elders and friends are in the first category while some wish to address the whole world. The circumstances have changed to such an extent that (I don’t want to) but while I am listening 75 countries have the ability to listen to me. 75 countries are listening to us! We consider pictures to be impermissible. But some of our companions and well-wishers said that these Duroos (lessons) which we give will become dust after a while, so you have to be “visible” with your Duroos (lessons).

Thus due to circumstances, due to the need, as it is permitted to consume pork (when life is in danger), we also started (these videos).

Muadh_Khan wrote:

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Which differences are accommodated in
Deen ?
The general misconception amongst the masses is that Deeni
differences among the Ulama on any matter creates leniency and
concessions in Deen. Therefore, one is free to practice on any view
one is inclined to. In support of this, the differences which existed
among the Sahaabah, Taabi’een and the four mazhabs of Fiqh are
cited as glaring examples to illustrate the vast accommodation Deen
provides for differences of opinion in Deeni matters. Perhaps the
statement of Umar ibnu Abdul Aziz عليه االله رحمة would also be quoted:
اختلاف أصحاب محمد رحمة للأمة
‘The differences among the Sahaabah of Rasulullah صلى الله عليه وسلم were a source
of mercy for the ummah’.
However, it must be clearly understood that any and every difference
does not create leniency or is acceptable. If a new sect appears with
the idea that usury and interest is totally Halaal or that only three
Salaah are compulsory instead of five or instead of discharging two
and half percent Zakaat one should discharge only one percent, such
differences will be rejected. Hence, we understand that the Hadith of
Rasulullah صلى الله عليه وسلم should be understood in the correct context. The difference which will be accommodated in Deen is that difference
which is governed by Deen and based on Fiqhi (juristic) principles.
The differences among the four mazhabs all stem from the Qur’aan
and Hadith. Every Imaam has sufficient substantiation for his view.
This was also the nature of the difference amongst the Sahaabah and
Taabi‘een.
As far as digital photography is concerned, there are no
substantial grounds to prove its permissibility, neither from the
Qur’aan and Hadith nor from the four Imaams of Fiqh. Instead, the
general Ahaadith, mazhabs of Sahaabah, Taabi’een and the four
Imaams are general in regard to all picture making being haraam.
Hence, this type of difference is not one of leniency and concession as
compared to the differences that existed between the four mazhabs.

Merit of argument
Differences of opinion among the Ulama and learned scholars existed
in every era of Islamic history. Whenever a difference arose in regard
to any mas’alah (issue), each scholar debated it on the merit of the
argument and endeavoured to establish the reality. The conflicting
views on the issue were weighed on the scale of the Sunnah. The
basis of preferring a specific viewpoint always revolved around “the
merit of the argument” and not “the merit of the scholar”. Hence, we
find that despite knowing the verdicts of great scholars such as
Imaam Shaafi’ee, Imaam Ahmad and Imaam Maalik عليهم االله رحمة ,a
Hanafi scholar still gives preference to the verdict of Imaam Abu
Hanifah عليه االله رحمة due to him regarding it closer to the Sunnah. The
same applies to the scholars of each mazhab in relation to their
Imaam. Hence, we understand that establishing the Haq was always
based on “the merit of the argument” and not “the merit of the
scholar”. The criteria for acceptance in the court of Allah Ta’ala is the
Sunnah. The one who firmly latches on to the Sunnah is rightly guided. In the past, there were many glaring examples of learned
scholars having erred in a few issues or of an oversight occurring in
their judgement. It is for this very reason that Hadhrat Mu’aaz رضي الله عنه
cautioned the Ummah of Rasulullah صلى الله عليه وسلم about the errors of the learned
people. He once addressed the people thus: “Beware of such people who bring about innovations in Deen.
Innovations in Deen are clear misguidance. I further warn you against
the error of a wise man (righteous guided Aalim). For indeed,
Shaitaan at times causes a wise person (righteous guided Aalim) to
utter a word of misguidance and a hypocrite can utter a word of
truth.” (Yazeed says that) I then asked Mu’aaz رضي الله عنه, “How will I be able
to distinguish the misguidance uttered by a wise person (righteous
guided Aalim) and the truth spoken by a hypocrite?” Mu’aaz رضي الله عنه
replied, “Yes undoubtedly, refrain from (following) such statements of
the wise person (righteous guided Aalim) which when it is circulated
among the people it becomes a target of objection (among the learned
scholars). However, this should not divert you from him (righteous
guided Aalim) for it is possible that he will retract. Furthermore,
accept the truth whenever you hear it for indeed the truth is
accompanied with noor (Divine light).” (Abu Dawood 2/632)

Excerpts from a book by Mufti Zakariyya Makada Sahib

Major Ulama need to be nuanced due to circumstances : Mufti Zarwali Khan (HA)

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