Download PDF: Interesting Facts from Hanafi Fiqh – Episode #4

  • Hazrat Maryam – may Allah be pleased with her – the mother of Hazrat Isa – peace be upon him – will be one of the pure wives of the Holy Prophet – may Allah send peace and blessings upon him.

(Fatawa Razvia Vol. 9, p. 11)

  • After the demise of her husband or after divorce, if one criticizes a woman when she remarries; it’s sometimes valid and sometimes it can even be a statement of kufr.

Alahzrat may Allah be pleased with him – stated:

“If one passes bad remarks on her due to custom then it’s permissible, and if that is not the case but he said something considering it (remarrying) to be Haraam in Shariah, then it’s kufr and if he considers it permissible according to shariah and considers the validity of this action in Sharriah as a taboo – Allah forbid! – he will be ruled as an open Murtad (kafir).”

(Fatawa Razvia Vol. 21, p. 156)

  • There is a wisdom behind forbidding Salah at three times (Sunrise, Zawaal and sunset) appointed by Shariah, and the Salah is forbidden in these three specific times, so that the longing for Salah keeps on refreshing in the heart of seekers.

(Fatawa Razvia Vol. 24, p. 124)

  • To preach good and to stop from evil (Amr Bil Ma’roof WaNahy ‘Anil Munkar) is obligatory under certain circumstances and in some cases it’s preferable to refrain from it and in some, it is preferable to do it and in some cases, both are permissible.

It is mentioned in Alamgiri as follows:

أَنَّ الْأَمْرَ بِالْمَعْرُوفِ على وُجُوهٍ إنْ كان يَعْلَمُ بِأَكْبَرِ رَأْيِهِ أَنَّهُ لو أَمَرَ بِالْمَعْرُوفِ يَقْبَلُونَ ذلك منه وَيُمْنَعُونَ عن الْمُنْكَرِ فَالْأَمْرُ وَاجِبٌ عليه وَلَا يَسَعُهُ تَرْكُهُ وَلَوْ عَلِمَ بِأَكْبَرِ رَأْيِهِ أَنَّهُ لو أَمَرَهُمْ بِذَلِكَ قَذَفُوهُ وَشَتَمُوهُ فَتَرْكُهُ أَفْضَلُ وَكَذَلِكَ لو عَلِمَ أَنَّهُمْ يَضْرِبُونَهُ وَلَا يَصْبِرُ على ذلك وَيَقَعُ بَيْنَهُمْ عَدَاوَةٌ وَيَهِيجُ منه الْقِتَالُ فَتَرْكُهُ أَفْضَلُ وَلَوْ عَلِمَ أَنَّهُمْ لو ضَرَبُوهُ صَبَرَ على ذلك وَلَا يَشْكُو إلَى أَحَدٍ فَلَا بَأْسَ بِأَنْ يَنْهَى عن ذلك وهو مُجَاهِدٌ وَلَوْ عَلِمَ أَنَّهُمْ لَا يَقْبَلُونَ منه وَلَا يَخَافُ منه ضَرْبًا وَلَا شَتْمًا فَهُوَ بِالْخِيَارِ وَالْأَمْرُ أَفْضَلُ

“There are various circumstances in which one should or should not preach:

  1. If one feels that if he tells people to do good and to abstain from evil people will most probably accept it and they will abstain from evil then in such cases it will be obligatory upon him to do it i.e. he will not be permitted to neglect.
  1. If one feels that people will most probably start to criticize him and swear him if he were to preach, then it is better to abstain from preaching in such situations.
  1. Similarly, if he thinks that people will beat him due to doing so and he will not be able to bear it which will result in enmity among them then it’s better to abstain in such circumstances.
  1. But if he thinks that despite the fact that people will get angry and harm him but he is still willing to endure the harsh treatment and will not complaint to anyone about it then there is no harm in preaching good and stopping people from evil. This type of action will be rather considered as the action of a Mujaahid (Muslim soldier that partakes in a battle to defend Allah’s Deen and to elevate the Kalimah of Islam).
  1. And if he thinks that people will not listen to him but rather give him a harsh treatment then he has a choice to either preach or abstain from it although it was better to do it.

(Fatawa Aalamgiri – Kitaab Al-Karaahah – Chapter 17)

Alahazrat – may Allah be pleased with him – writes:

“Although preaching good and stopping from evil is from amongst the clear messages of Quran and one of Fard duties of Islam, and when it is obligatory upon someone then abandoning it is a sin, and he will deserve the torment of the hereafter like those disobedient.  It’s the same concept that is mentioned in the Hadeeth and similar incident is also mentioned in the Holy Quran.

Hence, Allah Almighty states:

لُعِنَ الَّذِیۡنَ کَفَرُوۡا مِنۡۢ بَنِیۡۤ اِسْرٰٓءِیۡلَ عَلٰی لِسَانِ دَاوٗدَ وَعِیۡسَی ابْنِ مَرْیَمَ ؕ ذٰلِکَ بِمَا عَصَوۡا وَّکَانُوۡا یَعْتَدُوۡنَ ﴿۷۸﴾

Cursed were those who committed infidelity from amongst the children of Israel by the tongue of Daud and Isa son of Maryam. This reward because of their disobedience and transgression.
کَانُوۡا لَا یَتَنَاہَوْنَ عَنۡ مُّنۡکَرٍ فَعَلُوۡہُ ؕ لَبِئْسَ مَا کَانُوۡا یَفْعَلُوۡنَ ﴿۷۹﴾

Whatever bad they did they did, not prohibit one another among themselves. Necessarily, they used to do an evil things

(AL-Maidah 5, Verse 78-79)

When Hazrat Dawood – peace be upon him – made cursed the people of sabt, that, “O Allah!  Descend curse upon them and make them a sign.” As a result of the Du’a they all turned into monkeys.  When Hazrat Isa – peace be upon him – made the same Du’a for the people of Maaidah they turned into pigs.

It is narrated from Hazrat Abdullah Ibn Mas’ood – may Allah be pleased with him – that the Messenger of Allah – may Allah send peace and blessings upon him – stated:

“Behold!  By Allah!  You will definitely preach good and stop from evil, or else Allah Almighty will definitely strike the hearts of some of yours with the hearts of some (i.e. he will make all your hearts similar to the others, and no one will consider an evil as an evil), and then He will reveal His curse upon all of you as he had revealed it upon Bani Israel.”

(Abu Dawood – Kitaab Al-Malaahim – Baab Al-Amr Wal-Nahi)

But “preaching good and stopping from evil” is not obligatory on everyone, and neither is it necessary under all circumstances.  Hence, if it’s not obligatory due to certain circumstances then these rulings will not be applicable to the individual but in some circumstances, the Shariah even advises to abandon it.  For example;

  • When there is a fear of a fitnah emerging due to it.
  • Similarly, if one feels that preaching will not be fruitful and will go in vain then it’s not appropriate to start a propaganda unnecessarily.
  • When there is hope of rectification in future; e.g. there are some folks, that are accustom to wearing silk clothing, come to learn the method of Salah and sound beliefs etc., and one feels that they will never listen if he were to preach to them but as a result, they will rather stop coming for lessons due to which the teachings of Salah and sound beliefs will not be accomplished then in such circumstances, one must leave them in this situation hoping for the right opportunity, which is not “abandonment of ‘preaching good and stopping from evil’” but this action is, in fact, preparing a strategy to accomplish it.

(Fatawa Razvia Vol. 24, p. 160)

  • Husband is allowed to go on a journey leaving the wife behind but with some conditions:

Someone asked Alahazrat – may Allah be pleased with him:

“How long time can one spend on a journey if he goes on a journey without his wife?”

He replied:

“If the journey is undertaken due to some necessity then the period of journey will differ with the fulfilment of the need, to which Shariah has not set a limit.  The Messenger of Allah – may Allah send peace and blessings upon him – has commanded to return as soon as the need is fulfilled, and he has also stated, “Journey is a part of torment which causes obstruction to you in eating, drinking and sleeping, so when you have fulfilled your needs then return to your homes immediately.”

(Bukhari – Kitaab Al-At’emah)

But if the journey has been undertaken without a need and he does not take the wife along then he should not stay for more than four months.  Ameerul Mu’mineen (Sayyiduna Umar) – may Allah be pleased with him – has issued this ruling.

(Fatawa Razvia, Vol. 12, p. 268)

  • It’s obligatory to treat your wife good.

Alahazrat writes:

“Although Allah Almighty has granted men authority over women; as it is mentioned in the Holy Quran:

اَلرِّجَالُ قَوّٰمُوۡنَ عَلَی النِّسَآءِ بِمَا فَضَّلَ اللہُ بَعْضَہُمْ عَلٰی بَعْضٍ وَّبِمَاۤ اَنۡفَقُوۡا مِنْ اَمْوٰلِہِمْ

Men are incharge over women, because Allah has made one of them excel over another, and because men have expended their wealth over them.

(Al-Nisa 4, Verse 34)

And there is also a Hadeeth:

“If I (the Holy Prophet – may Allah send peace and blessings upon him) were to command someone to prostrate before anyone then I would instruct the women to prostrate for their husbands.”

But that doesn’t allow the husband to hurt the wife in any way but rather they should be tender towards them and treat them fairly, and have patience if they say something that is distasteful to the heart, motivate them and even give preference to their views in the matters where it does not go against the Shariah are beloved to the Shariah-Maker – may Allah send peace and blessings upon him.

The Holy Prophet – may Allah send peace and blessings upon him – used to motivate his pure wives and say:

اِنَّ مِنْ اَکْمَلِ الْمُؤْمِنِیْنَ اِیْمَانًا اَحْسَنُھُمْ خَلْقًا وَ اَلْطَفُھُمْ بِاَھْلِہٖ

Indeed the most perfect in Imaan amongst the believers is the one who has good code of conduct and most tender to his wife.

(Shu’ab Al-Imaan Hadeeth No. 8719)

And he stated:

خَیْرُکُمْ خَیْرُکُمْ لِاَھْلِہٖ وَاَنَا خَیْرُکُمْ لِاَھْلِیْ

The best amongst you is the one who is best to his wife, and I am the best amongst you to my wife.

(Shu’ab Al-Imaan Hadeeth No. 8719)

Allah Almighty states:

وَعَاشِرُوۡہُنَّ بِالْمَعْرُوۡفِ

And treat with them fairly.

(Al-Nisa 4, Verse 19)

Imam Ghazali writes in Ihya Uloomiddeen as follows:

“Know, that the meaning of treating your wives fairly is not limited to stop ill-treating them but having patience on anything hurtful that reaches you from her side like how the Messenger of Allah – may Allah send peace and blessings upon him – taught us by example.”

(Ihya Uloomiddeen – Third Chapter)

Like how Allah Almighty has given the men some rights over women, similarly, the women also have rights over men.

Allah Almighty states:

وَلَہُنَّ مِثْلُ الَّذِیۡ عَلَیۡہِنَّ بِالْمَعْرُوۡفِ۪

And the women have rights similar to those over them according to law.

(Al-Baqarah 2, Verse 228)

(Fatawa Razvia Vol. 12, p. 273)