English Translation
al-'Ataya
an-Nabawiyyah
fi
al-Fatawa
al-Ridawiyyah
Imam
Ahmad Rida - Quddisa sirrahu
1272H - 1340H
1856 - 1921
A Fatwa from
Volume 21 Page 157 - 161
Rendered into
English with Explanatory Notes
By
International
Sunni Research Institute (
A DECISIVE
FATWA
Legal Opinion of the Mujaddid of the 14th century Hijri, the
great Wali Allah, the Theologian, the
Faqih, the Mujtahid, the Hadith
specialist, the accomplished Scholar, defender of the Prophet's, Salla Allahu ta'ala 'alayhi wa Sallam, Excellence, the Imam of the Ahl as-Sunnah w'al-Jama'ah, Shaykh Ahmad Rida Khan, 'alayhi
al-rahmah w'al-ridwan.
Istifta': - (Judicial query)
From Peli Bhit, Kachehri, Kalkatari.
Enquirer, Mawlawi 'Irfan 'Ali, Ridwi,
Barakati, Bisapuri, 10th
Dhul-Hijjah, 1332 Hijri:
What do the 'Ulama (specialist qualified scholars) of the Din (sacred Religion) and Mufti's
(legal experts of sacred law) of shar'i
matin (the definitive sacred law) rule on this issue that;
Muslims who go with the purpose of
observing the festivals of Hindu's like during the Dussehra*, etc, are their women no longer in nikah (legal marriage)? Is it also prohibited for traders or
salesperson to go?
Al-Jawab:
(the
reply: a legal opinion from the adillah
shar'iyyah; proofs of shari'ah,
i.e. the primary and secondary sources of Shari'ah;
Islamic Sacred Law)
Their going for the purpose of observing
the festival is mutlaqan (unrestrictedly
i.e. under any circumstances) impermissible (la yajuzu). If it is their (Hindu's) religious festival, in which
they exhibit their kufr and shirk (acts which confirm and determine
disbelief and idolatry, i.e. negate the belief of Tawhid), screaming expressions of kufr, then it is self-evident. And, this circumstance is a severe haram (an absolutely forbidden act whose
validity is not restricted to the limitations of time and circumstance, hence,
a tashri 'amm; general legislation
which is in direct violation of shari'ah,
contrary to the Will of Allah, azza wa
jalla) from the Kaba'ir (major
sins, i.e. substantiated by dalil qat'iy;
definitive proof) nevertheless it is not kufr
(act determining one's disbelief) if is scornful (maintains a state of contempt
in the heart from such acts and expressions) of kufr orations.
[*Dussehra is a popular festival celebrated by Hindus all over
Yes, ma'adh
Allah; Allah protect us, if is pleased or approves or takes it lightly
(insignificant, non-sacrilegious or regards it not to be an impious act) then
is himself (a self-asserted) kafir;
disbeliever, and in such a circumstance the woman will not remain in nikah (in lawful marriage) and he from
Islam (excommunicated), otherwise is a fasiq;
evil-doer, and (an act of) fisq does
not nullify nikah, nonetheless, the wa'id (threat of punishment) is severe.
Furthermore, to exhibit (acts of) kufr
as a spectacle of entertainment is dalal
ba'id; far-reaching straying. It
is reported in a Hadith:
'He
who augments the mass of a nation, he is from them and he who is content
(approves or is pleased) with any act (contrary to shar i'ah a nation is
(equally) a participant of the person doing the act.'
[Reported
by Abu Y'ala' in his Musnad & by 'Ali bin M'abad in the Book of at-ta'ah w'al-m'asiyah; Obedience &
Disobedience on the authority of 'Abd Allah bin Mas'ud, Allah be well pleased
with him, from the Prophet, Salla Allahu ta'ala 'alayhi wa Sallam.
And,
also reported by Imam 'AbdAllah bin al-Mubarak, 'alayhi al-rahmah w'al-ridwan,
in Kitab az-Zuhd, on the authority of Abi Dhar, Allah be well pleased with him,
whilst according to Khatib it is reported on the authority of Anas, Allah be
well pleased with him, from the Prophet, Salla Allahu ta'ala 'alayhi wa Sallam, narrated with
the words:
'He
who augments with a nation is from them'.]
Furthermore, if it is not a religious
festival, merely lah'w wa la'ib;
amusement and plaything, all the same it is unlikely the festival will be void
of munkarat and qaba'ih (reprehensible, forbidden acts and physically or morally
vile acts) and the exhibiting of munkarat
as spectacles of entertainment is also impermissible. It is decreed in Radd al-Muhtar:
'Every lah'win (amusement) is Makruh (reprehensible i.e. a disapproved act) and stating it (that every lah'win is makruh) itlaqan (as an absolute, unqualified and unrestricted ruling) includes both the enacting and its listening of.'
' Nasb al-rayah li ahadith al-Hidayah in
reference to Abi Y'ala and 'Ali bin M'abad, Allah
be well pleased with them both,
Kitab ul-Jinayat, al-maktabah al-Islamiyah,
Volume 4 page 346.
' Kanz ul-'Ummal in reference to the
report of Hatt from Anas, Allah be well
pleased with them both, Hadith No. 24681, Mu'assasa al-Risalah, Beirut,
Volume 9 page 10, also Tarikh Baghdad, under
the Biography of 'AbdAllah bin 'Atab entry no. 5167 Dar ul-Kitab al-'arabi,
Beirut, Volume 10 page 40.
It is stated in Tahtawi, in the front opening of the book, elucidating upon
unlawful knowledge, (whilst) mentioning (the learning of) conjuring:
'Evident
from that is the prohibition of viewing them (i.e. unlawful acts) because the
observing of the unlawful (act or speech) is (also) haram (unlawful).'
That is, the acts of a conjurer,
juggler, magician, acrobat and a sorcerer, all are haram and observing their shows and exhibitions for entertainment
are also haram (unlawful) because
making an entertaining show of a haram
is (also consequently) haram, especially
if some devilish nonsense of disbelievers is considered to be good/noble, then
it is (clearly) a severe tribulation...and as such renewing of faith and
marriage will be decreed.
It is (stated) in Ghamz al-'Uyun:
Our
Masha'ikh (the authentic Scholars) have agreed that whoever regards any
affair/act of the disbelievers to be good has (himself) become a disbeliever,
to the extent of stringency that they said regarding a person who said that, their abstention from speech whilst dining is a good thing of the Majus
(Zoroastrians) or their abandoning sleeping with them (their women) whilst
menstruating is a good thing, then he is a Kafir (disbeliever).'
[i.e. To say or to deem, the traditions,
customs, rituals, habits, folklore of the people of kufr, to be 'good', is in
(consistent with) true Islam, mujib-e-kufr; inducing one's disbelief.]
And, if going is (solely) for the
purpose of trade or sales, then if the festival is for (commemorating) their kufr or shirk then going is impermissible and prohibited, because, now this
place is their m'abad (legally
considered to be their place of false and blasphemous worship) and going to the
place of worship of disbelievers is a (major) sin.
It is (stated) in Taymiyyah, then TatarKhaniyyah,
then Hindiyyah:
' Radd ul-Muhtar, Kitab al-Hazar w'al-Ibahah, Chapter of Sales, Dar Ihya at-Turath
al-'Arabi,
' Hashiyah at-Tahtawi, 'ala ad-Durr al-Mukhtar, khutbat'ul-Kitab, Dar al-M'arifah,
' Ghamz 'Uyun al-Basa'ir
m'a al-Ashbah w'an-Naza'ir, al-fann ath-thanī, Idarat'ul-Qur'an
w'al-'Ulum al-Islamiyah,
'It is makruh
(reprehensible) for any Muslim to enter the synagogue or the church, and in
truth it is makruh due to its being a place of the assembling of devils.'
It is (elaborated further) in Bahr ar-Ra'iq:
'It is evident that
indeed it (makruh) is tahrimiyyah (to enter the synagogue or church) since that
only, is intended when (mentioned) unrestricted (as an absolute ruling).'
Moreover, it is (enlarged upon) in Radd'ul-Muhtar:
'So, when it is haram to (merely) enter (the synagogue or church) then (conducting) salat is by foremost degree (an obvious haram)''
(Lastly), And if (the festival of Hindu's) is (simply)
for amusing and games (not a Hindu faith festival), and guards himself from it,
neither participates in it himself, nor observes it, and does not sell those
items of amusement or playthings of theirs (Hindu's) which are forbidden, then
(in such circumstances) it is permissible, however, it is still inappropriate,
for their congregations are always mahal
e l'ian (sites of imprecation and condemnation), hence, virtue and safety
is in distancing from it, for this reason the 'Ulama' (righteous scholars) have said, when passing their (immoral
and debauched) sites then one should leave hurriedly.
It is (clarified) in Ghunyah
Dhaw'ul-Ahkam, then in Fathu'l-'ayni
and then in Tahtawi:
'They are sites of
imprecations prevailing (over them) at all times, hence, there is no doubt that
to stay in all such places is makruh (unrestrictedly reprehensible), rather
whenever one has to pass nearby such places, he should do so in a rush,
sprinting by, and hence as such we find reported in our (sacred) traditions.'4
And, if he himself participates, or observes the
spectacle, or sells those items of pleasure (of Hindu's and or is symbolic of
their faith) which are mamnu' (forbidden,
hence, in violation of shari'ah) then
is itself a sin and impermissible.
It is (expounded upon) in Durr al-Mukhtar:
' Fatawa Hindiyyah, Kitab'ul-Karahiyyah, Chapter 14, Nurani Kutub Khanah,
Peshawar, Volume 5 page 346.
' Radd'ul-Muhtar, with reference to Bahr ar-Ra'iq, Kitab'us-Salat,
matlab tukrihu's-salatu fi'l-kanisati,
Dar Ihya' at-Turath al-'Arabiyy, Beirut, Volume 1 page 254.
' Ibid
4 Ibid
'We have elaborated earlier, consolidating (our legal
rule) with (that of) an-Nahr'ul-Fa'iq, indeed, that which itself precisely
incorporates a sin, the sale of it is makruh tahriman otherwise its (sale) is
tanzihan.'
It is also
(elaborated) in Fatawa 'Alamgīri,
'When a Muslim decides to enter Dar'ul-harb (land of
abode of non-Muslims with which Muslims are at war with i.e. abode of
disbelievers or kufr, where disbelief or disbelievers are predominant, rule)
peacefully for trade purposes, and accompanying him is his horse and arms, and
he intends not to sell these there, then he should not be prevented (from doing
so).'
Yes, there is
one situation of absolute permissibility, which is this, that a 'Alim
(righteous scholar) goes there (to such Hindu festivals, religious or
otherwise, with the intention) to invite people to Islam, (obviously only) when
he is competent to do so, such a deed is hasan
(good) and mahmud (commendable),
even though it may be their religious festival. Going as such is established
many a time from the Prophet, Salla Allahu ta'ala 'alayhi wa Sallam, himself.
The festive
seasons (during the Prophetic era) of the mushrikin
(idolaters) were also (occasions of) pronouncements of shirk...in their labbayka (talbiyya: ), they would say:
'You have no partner, but that partner, who You possess
(control), and he does not own (control) You.'
When those foolish (idolaters) would reach 'la sharika laka' (You have no partner ' in their
pronouncements) the Messenger of Allah, Salla Allahu ta'ala 'alayhi wa Sallam, would (interupt and) say:
'way'lakum qattu, qattu' (woe unto you, enough, enough,)
That is, do
not proceed further with istithna' (exceptions,
over 'You have no partner').'
wa Allahu, ta'ala
a'alam
(And Allah, the Most Sublime, is All-Knowing.)
' Durr al-Mukhtar, Kitab al-hazar w'al-ibahah, faslun f'il-bay'i, Matba'a Mujtaba'iy,
' Fatawa Hindiyya, Kitab'us-Siyar, Seventh Chapter, Nurani
Kutub Khanah, Peshawar, Volume 2 page 233.
' Sahih Muslim, Kitab'ul-Hajj, Bab at-Talbiyati wa sifatiha wa waqtiha, a close wording to the
above. Hadith no. 2711 on the authority of Ibn 'Abbas, Allah be pleased with
them both.