Compiled, Translated and Annotated
Abu Khuzaimah Ansari
This fatwa of the great Ahl al-Hadith Shaykh, Nawab Siddiq Hasan Khan shows the methodology of the Ahl a-Hadith. He clarifies mixing and sitting with people who hold such belief and ideas, let alone cooperating with them. And if Shaykh Nawab Siddiq Hasan Khan is not from the Akabarin, then I don’t know who is! Let me warn you dear readers, this Fatwa is not for the faint hearted.
Shaykh Sayyid Nawab Muhamamd Siddiq Hasan Khan Rahimahullah (d.1370/1890) was asked:
1) Will the scholars of the Din and the Shari’ah clarify: the muqallidin group who perform taqlid of only one Imam, are they considered to be from Ahl al-Sunnah or not?
2) And is the prayer behind them valid or not?
3) Is it permissible or impermissible to let them enter our Masjid and to have sittings and mixing with them?
Muqallidin of this type in India who have the obvious trait of having enmity and hatred against the people who act on Hadith, hurling slanderous lies and false accusations against them, being irritated with them for saying Amin loudly, raising their hands, placing the hands on the chest and reciting al-Fatihah behind the Imam, which are all established and proven from the authentic ahadith, that are not abrogated and are from raised reports that are not figuratively explained. Likewise, those who commit innovations like Milad, Urs (annual commemorative celebrations for saints) and going into seclusion for 40 days (like Sufis do for meditation and maraqabah) as well numerous other innovations, then they are out of the fold of Ahl al-Sunnah wa’l-Jama’ah and are like the other deviated sects like the Jahmiyyah, Murjiyyah and others.
This is because they oppose Ahl al-Sunnah wa’l Jama’ah in hundreds of issues, in both Aqidah and actions. In fact, at times some of their beliefs and actions seem to be exactly like that of the Jahmiyyah and the Murji’ah, which will not be hidden from the reader of this treatise. What is to follow, are a few example of the issues, with regards to their Aqidah and actions (a few examples from a whole catalogue) in order to support my claim concerning them.
They believe Iman does not increase or decrease, in fact they believe the Iman of an open wicked sinner, the Iman of the Prophets and the Angels is on the same level and equal, which is the Madhhab of the Murji’ah, which is a sect from among the misguided deviated sects as Imam Ahmad b. Hanbal as written in his treatise on Aqidah.
They believe that in all issues of the Din it is obligatory and compulsory to do taqlid of only one Imam, even if it opposes and contradicts the Quran and Hadith, whereas the Hanafi scholars have declared this type of taqlid to be shirk and have discoursed this under the ayah, “They took their rabbis and monks as lords beside Allah.” (Surah al-Tawbah, 9:31).
As we find from Tafsir Mazhari of Qadhi Thanullah Panipati that the doors of ijtihad were closed with the four Imams and no one can be a mujtahid now, as Fatawa Durr al-Mukhtar mentions.
When Isa Alayhis Salam descends, he will do taqlid of Imam A’zam (i.e. Abu Hanifah and this point is mentioned in Durr al-Mukhtar, 1:34.
We see refuge in Allah from these corrupt beliefs.
(They say and hold the view)
1) It is permissible for the Muslims to take interest from the non-Muslims in Dar al-Harb (a land that Muslims are at war with) (Sharh Waqayah, 3:130 Urdu) as it is also mentioned in the Farsi translation of Hidayah, published in Nawal Kishore, 3:96. (Durr al-Mukhtar, 3:149-Urdu, 1:43-Arabic).
2) If someone has a nose bleed and the bleeding does not stop, then it is permissible for him to write the Quran on his forehead with either urine or blood. This is their respect for the Qur’an (Alamghiri, Delhi Print, 5:134, Arabic 1:154, Durr al-Mukhtar, 1:120-Urdu, Alamghiri, 3:404)
3) Masturbation does not break the fast as Fatawa Qadhi Khan states as mentioned in volume 1. (Qadhi Khan, 4:361)
4) If a person is very aroused and fears fornication, then masturbating is obligatory as Radd al-Mukhtar the notes to Durr al-Mukhtar, Mujtabia Delhi print, p.165.
5) If a man wraps his private part (male organ) in a cloth and has sexual intercourse with a woman while fasting and if the cloth is strong, he doesn’t have to repeat the fast nor have a bath for ritual impurity, as is mentioned in Barahana printed Matb’a Husami Lahore, 2:18.
6) If a man conducts a wedding ceremony, marrying a man from the west to a woman from the east (meaning there is a difference of one year of journey time by walking) and then the women gives birth in 6 months, the man from the west will be considered to be the father and this will be considered his karamah (i.e. Miracle) even though the man and woman have not met. As mentioned in Fath al-Qadir in the notes to Hidayah, Nawal Kishore, 2:338. (Tablighi Behshiti Zewar, p.240 Lahore)
7) Any animal bred while eating pig meat, is Halal as Ghayatul Awthar urdu translation of Durr al-Mukhtar, Nawal Kishore print, 4:196, mentions.
8) The revenue generated from fornication (i.e. prostitution) is lawful as Chalpi notes to Sharh Waqayah, Nawal Kishore Print mentions, p.298 in the footnotes.
9) Tanning pig skin purifies it and selling it is also permissible, as Muniyyah al-Musalli, Lahore print, p.32 states (Arabic edn. P.49, Mujtabai print).
10) the permissibility of doing tricks with Zakat. Meaning that if a person gives his wealth to either his wife or gifts it someone else, before the year is complete with the intentions that he doesn’t need to pay zakat, and then the wealth is returned to him after the year is complete, then this is permissible. Imam Abu Yusuf used to do this (Ihya al-Ulum, Arabic Nawal Kishore, 1:11, Durr al-Mukhtar, 1:505, Alamghiri, 10:334-335)
11) If a man enters (i.e. sexually) a four legged (i.e. Animal) or a dead person and he does not ejaculate, it does not break his fast nor does he have to make ghusl, as Fatawa Qadhi Khan states, Nawal Kishore print, 1:105.
12) Legal punishments ordered by the Qadhi are implemented inwardly and outwardly. For example, if a person claims that another mans wife is his wife and he gives a false testimony and then wins the trial, the woman will be his. Therefore, she will be lawful for him according to Allah’s law and the people and it is permissible for him to sleep with her and he will not be imprisoned according to Allah’s law. (Hidayah Matba Mustafai, 2:125, Sharh Waqayah, 3:59),
13) If a person deliberately passes wind after reciting the Tashahhud, his prayer will be complete. (Sharh Waqayah Arabic Matb’a Nawal Kishore, 1:43, urdu 1:401).
14) If someone borrows someone’s female slave and then commits fornication with her, there is no legal punishment on him despite knowing the female servant is unlawful for him i.e. an illicit sexual relationship. Hidayah Farisi translation, Nawal Kishore, 2:302-303.
The prayer behind such muqallidin will not be permissible, because we find from what has preceded that the beliefs and actions of these people oppose the way of Ahl al-Sunnah, in fact some beliefs and actions necessitate shirk and some corrupt the prayer.
Letting such muqallidin into your Masajid is impressible according to the shari’ah according to the ayah “Expel them from wherever they have expelled you.” (Surah al-Baqarah, 2:191) and according to the command in the ayah, “Then do not remain after the reminder with the wrongdoing people.” (Surah al-An’am, 6:68). Therefore, mixing with them, sitting with them, marrying them, being with them in times of sadness and other interactions and connections are all unlawful.
It should be clearly noted the commissioner of Delhi reconciled both parties and also issued a written tract which both parties agreed too, curbing the animosity and to pray behind each other as long as the prayer in not invalidated in order to preserve peace and prevent chaos. However, the muqallidin rejected this reconciliation again and concocted some baseless points. So, they returned to their original ways and began issuing posters and treatise against the people of Tawhid without caring for the reconciliation agreement.
Shaykh Nawab Sayyid Muhammad Siddiq Hasan Khan al-Qinawji al-Bukhari, Fatawa, 228-232.