Fatwa vs Taqwa

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#1 [Permalink] Posted on 20th March 2014 10:14

السلام عليكم
MashaAllah, this is food for thought.

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#2 [Permalink] Posted on 20th March 2014 11:30

umar123 wrote:

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As one scholar explained to me fatwa's the minimum legal requirement. If one always seeks to keep to the minimum there is a danger that he might fall in to Haraam at some point.

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#3 [Permalink] Posted on 20th March 2014 11:31

umar123 wrote:

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Anyway taqwa is a must.

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#4 [Permalink] Posted on 20th March 2014 11:41

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Incorrect! If a person adhered to a Fatwa he/she is absolutely fine and have secured their Islam because Allah (SWT) has declared it mandatory for us to consult Ulamah.

If then he/she starts to use their brain and declares something arbitrary to be "Taqwa" then its self-Ijtehaad.

If the Shaykh has himself said that it will be superior (and full of Taqwa) for you to abstain or do this or do that; that would be different issue BUT EVEN THEN acting on Fatwa would be perfectly fine and not dangerous or anything like that.

When two matters are permissable, take the easy option and don't try to be a toughie!

I don't know which Darul-ifta your Scholar graduated from but that would defeat the purpose of having Muftees!

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#5 [Permalink] Posted on 20th March 2014 11:44

Fatwa vs Taqwa is not a legal principle to be enacted, there is no mileage in trying to be a martyr because sooner or later people will begin to look down upon those who act on Fatwaas when they are fulfilling a command of Islam.

You can't force someone to abandon a perfectly legitimate Fatwa and ask them to follow Taqwa; its their personal life and call.

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#6 [Permalink] Posted on 20th March 2014 16:44

umar123 wrote:

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"There something called "fatwa" and there is something called "taqwa". The "Fatwa" is the minimum required in a ruling, and "taqwa" is the ideal. Mufti's are generally responsible for giving the "fatwa" and its up to the person if he choose to go above and beyond to "taqwa". The permissibility of Nikah Misyar is the fatwa, but taqwa would entail that no Muslim ever enter into such a marriage. I hope you've understood what Im saying here."

This is completely wrong and self made criteria which our deen does not promote. Fatwa vs taqwa? Where does this come from? Hypothetically a common mind would perceive someone to be following fatwa ro be a sinner?

If a matter is halal by a fatwa then saying that this is not taqwa is absurd. Everyone has different circumstances in life. If a woman feels that she cannot handle the burden of a full time husband and fulfill his rights, but she needs a man to fulfill her physical needs then shariah has given her full right to enter into a misyar nikah. This kind of selfmade criterias have ruined deen that taqwa would entail no muslim enter such a marriage - which taqwa? Sufi taqwa? Or deobandi taqwa? Or salafi taqwa?

Since when have hanafis started mwntioning hanbali opinions in their fatwas?is it to force ur mizaj on shariah?

Food for thought ^^^^

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#7 [Permalink] Posted on 20th March 2014 18:18

streetfighter wrote:

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When a sheep was stolen, Imam Abu Hanifa refrained from eating sheep for 7 years out of Taqwa, however, the fatwa would've been halal for consumption for the average person.

It depends on the person and situation.

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#8 [Permalink] Posted on 20th March 2014 19:21

streetfighter wrote:

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Strictly Fiqh wise according to some Madhabs, a wife doesn't have to cook for the husband.
Similarly a husband just have to support the bare minimum necessities of his wife. He is not obliged to buy her jewellery or accessories etc.

But a wife can do the extra mile by cooking for the family and not restricting her to the bare minimum. Similarly the husband.

Perhaps a different word can be used instead of 'taqwa' here. But I hope you get the point the brother was trying to make. If you go through that specific fatwa on misyar marriage, in the fatwa itself its mentioned that it may be valid with some conditions, but its not the best way to conduct a nikkah.

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#9 [Permalink] Posted on 20th March 2014 19:33

Interesting thread. Split from quotable posts thread.

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I am not a Mufti

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#10 [Permalink] Posted on 20th March 2014 21:19

streetfighter wrote:

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I dont think you understand whats being said.

Lets give a more practical, every-day example.

I prayed my salah, without reciting Fatiha or a surah, I only recited one random verse of the Qur'an in each rak'ah. According to the fatwa (in the Hanafi madhab), my salah is valid, as I've fulfilled the fardh. But is it correct to do this (without an excuse)?

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#11 [Permalink] Posted on 20th March 2014 21:26

Similarly, In the Shafi'i madhab, masah is done by wiping a single hair. This was what was meant when it was said that a fatwa gives the "minimum required" for a ruling. The idea is that you give the masses the least they can do to "pass". But most people may end up doing more.

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#12 [Permalink] Posted on 20th March 2014 22:33

There are many levels of taqwa. One of the important aspects of taqwa, especially in this day and age of corrupt liberal fatwas being increasingly the norm, is abstaining from doubtful matters.

For example, there are scholars who say that smoking cigarettes is not Haraam, whilst others say that it is. Taqwa entails that a person abstains from smoking.

The Sahabah (radhiyallahu anhum) would go the extra mile and abstain from the majority of permissible in order to avoid the doubtful - their's was the highest level of taqwa.

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#13 [Permalink] Posted on 21st March 2014 02:04

TAQWA is a very beautiful word in Arabic; It comes when there is a strong opposition to Nafs. IKHLAAS is very important when you need to adopt Taqwa - as the deeds are . performed for Allah not for anyone else ; IMO, good example in today's world is performing NIKKAH as per shariah.

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..Allah's friends were consistent in Tahajudd and Quran Tilawat..

#14 [Permalink] Posted on 21st March 2014 06:28

abu mohammed wrote:

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Tht was imam abu hanifa ra. And it was his taqwa. Compare it to todays taqwa of the flagbearers of fatwa vs taqwa.

Can we say that living in darul harb is fatwa but leaving darul harb would be taqwa?

....
The permissibility of Nikah Misyar is the fatwa, but taqwa would entail that no Muslim ever enter into such a marriage.
....

Can someone explain how staying away from such a marriage is taqwa? This is what I wud call 'mizaaj' over shariah.

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#15 [Permalink] Posted on 21st March 2014 06:57

umar123 wrote:

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This is not an example of taqwa. Taqwa simply means abstaining from sins and doubtful matters for fear of Allah.

The fatwa of misyar marriage is that it is perfectly valid and halal. Rest of the opinion is mufti's own opinion that it is not the best way. Generalizing it into fatwa vs taqwa category is wrong. Maybe taqwa requires a man or a woman to do misyar nikah due to their circumstanes.

The world is already corrupt , awam khawas everyone. If a person is following there is no blame on him. Again did imam abu hanifa ra say to anyone this is fatwa and this is taqwa, in the sheep matter?

Let's consider coca cola as an example. How many people stay away from coca cola because of taqwa. Apart from mufti as desai, is there any fatwa that taqwa entails that no muslim should ever drink coca cola.

Arslan. -- the example u gave is incorrect. Its not taqwa vs fatwa. According to hanafi madhab uve left wajibs so ur salah wud be wajib ul i'aadah.that's the fatwa not taqwa. You are required to pray properly with surah fatiha and min 3 ayats by FATWA not taqwa.

Deoband -- ''The Sahabah (radhiyallahu anhum) would go the extra mile and abstain from the majority of permissible in order to avoid the doubtful - their's was the highest level of taqwa.''

So if you want to apply it on yourself then ur most welcome. Apply it on ur life and then advise others that taqwa entails no muslim should ever enter nikah misyar.

Hazrat Umar radhiAllah unhu sent a message to the sahaba, whoever leaves jihad and gets involved in farming I will take jizyah from them. So taqwa entails every muslim should leaving their businesses and go.

Shaykh Usama ra had boycotted american products, he never drank pepsi or coke. Now this is taqwa. If a person like him advises someone then it would make sense. But if ur sitting in ur home no one asked u if misyar marriage is taqwa or fatwa but u still come out with words like 'taqwa entails no muslim .......' doeant make any sense. Which taqwa? Sufi taqwa, pakistani taqwa, desi taqwa, salafi taqwa, deobandi taqwa, indian taqwa...? Which taqwa requires u not to fulfill ur physical needs in a halal way?

Off topic, but I dnt understand why a hanafi mufti write hanbali view in his fatwa. Since when has this started?

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Fatwa vs Taqwa

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