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SALAATUL-TASBEEH IN JAMAAT, PRESENTING THE HOLY QUR'AN TO A NON-MUSLIM, LUQTA IN A DARUL HARB, SEEKING HELP FROM THE AULIYA, PRACTISE OF SODOMY


QUESTION:

1. Can Salaatul-Tasbeeh be performed in Jamaat or must it be performed individually?

2. What is the rule on presenting a non-Musilm with the Holy Qur'an or its English translation?

3. What is the ruling of Luqta (Gleanings) in a Darul-Harb? Example, in America, if a Muslim sees a $50 bill lying on the road and picks it up, what must he do with it? Must he leave it back where it was, give it to someone needy or does he become the owner and can do whatever he pleases with it?

4. The permissibility of saying “Ya Rasoolallah, Ya Nabiyallah” and asking help (Istimdaad) from the Holy Prophet (Sallal Laahu Alayhi Wasallam) is clear. However, those who are not from the Ashara-Mubashara (people who were guaranteed to be Jannatis) and whose being Jannati is not even Qatee (explicitly) proven from the Qur'an and Hadeeth, so after the demise of these Auliya, how can asking help from them and Tawassul be correct? How can we say “O certain Wali, Al-Madad (assist me)” whereas it is not genuinely known if he is a Jannati or Jahannami?

5. If a husband practices sodomy on his wife, is this Haraam? Some argue that it is permitted because they made Nikah. They claim sodomy by a husband on his wife to be Halaal and say that immoral sexual-intercourse by a husband and wife is to the extreme, not best but it is not Haraam. Likewise, they claim oral-sex, which is rampant in the western world, is also allowed. Their reasoning behind oral-sex being permitted is that the Shari'ah has permitted making Inzaal (ejaculation of sperm) on the stomach and thighs of a women when she has her menses (Haiz) or anything which stops the husband from having sexual intercourse with his wife (e.g. Nifaas). So oral sex, which includes sucking and kissing the private parts, having sex on the thigh, stomach, etc. or having intercourse through any entry of the body is all permissible. However, all of this is not good namely Makrooh-e-Tanzeehi but not Haraam. What is the Shari'ah ruling on this and on the person who claims so and practices this?

Doctor Muhammad Khalid Raza Razvi
Chicago, America


ANSWER:

(1)

Besides Taraweeh, Kusoof and Istisqaa Salaah, the ruling is that all Nafl Namaazes be performed individually. Making Jamaat is also permitted if it is without Tadaa'ee (inviting). If there is summoning, it is Makrooh. Regarding the multitude and fewness of the Jamaat though, the Mashaa'ikh differ. The most correct and evident ruling is that if there are two or three Muqtadis besides the Imaam, it is unanimously permitted. There is a division amongst them if the Muqtadis besides the Imaam are four people. However, the most correct ruling is that it is Makrooh. Fatawa Khulaasa states:



(Vol. 1, pg. 110)

(2)

It is a condition on Muslims themselves to be clean and with Wudhu to touch or recite the Holy Qur'an. Non-Muslims are impure because they do not save themselves from impurities and do not practice Tahaarat (cleanliness). Therefore, if they appropriately undergo complete Ghusal and Tahaarat to become clean or at least at the time of reading or touching the Holy Qur'an they do so, giving them the Holy Qur'an is allowed. If they don't, giving it to them is not allowed. Alamghiri states:



(Vol. 5, pg. 323)

However, presenting them with the translation of the Holy Qur'an (in any language) is permitted.

(3)

If there is Zanne-Galib (overwhelming impression) that the dollar belongs to a Muslim, after investigation, it should be returned to its owner. Besides this case above, the finder should keep it. If the finder is needy, he can use the Luqta (gleanings) for himself. Fatawa Hindiya, states,:



(Vol. 2, pg. 291)

(4)

Undoubtedly, the Auliya are Jannatis and this is proven from the Qur'an and Hadeeth.

Qura'nic Ayaats:

1. “Give glad tidings to those who brought Imaan and did good deeds, for them is Paradise beneath which rivers flow.” (Surah Baqarah, Verse 25)
2. “And those who brought Imaan and performed good deeds, they are Jannatis and will live in Paradise forever.” (Surah Baqarah, Verse 82)
3. “And those who brought Imaan and good deeds, soon we shall take them to the heavenly gardens beneath which rivers flow and they will live there forever.” (Surah Nisaa, Verse 122)
4. “Verily those who brought Imaan and did good deeds will be served in the Gardens of Firdaus.” (Surah Kahf, Verse 107)
5. “So those who brought Imaan and did good deeds, they are in the gardens of tranquility.” (Surah Hajj, Verse 56)

Ahadeeth:

1. The Holy Prophet (Sallal Laahu Alayhi Wasallam) has said, “He who dies knowing that there is none worthy of worship except Allah, enters Jannat.” (Muslim, Vol. 1, pg. 41)
2. The Noble Messenger (Sallal Laahu Alayhi Wasallam) has said, “He who bears witness that there is none worthy of worship except Allah, He is One and doesn't have any partner, testifies that Muhammad is Allah's servant and Rasool and that Esa is Allah's servant and Rasool and was created through the speech of Allah conveyed to Maryam (meaning he was created by the command of Allah and he doesn't have a father) and that Esa has been created by Allah as the Rooh and also bears witness that Jannat and Jahannam is true (Haqq), will be entered into Jannat by Allah through any of its eight doors He wishes.” (Muslim, Vol. 1, pg. 43)
3. Rasoolullah (Sallal Laahu Alayhi Wasallam) has said, “I testify that there is none worthy of worship besides Allah and that I am the Rasool of Allah. When any servant who doesn't doubt these two things (Tauheed of Allah and Risalat of Rasoolullah), will meet Allah, he will be entered into Jannat.” (Muslim, Vol 1, pg. 42)
4. The Holy Prophet (Sallal Laahu Alayhi Wasallam) said, “O Abu Hurairah! Take these two slippers of mine and give glad tidings of Jannat to anyone behind this garden who testifies that there is none worthy of worship except Allah.” (Muslim, Vol 1, pg. 45)
5. “Allah has made the fire of Jahannum Haraam on he who bears witness that there is none worthy of worship except Allah and that Muhammad is Allah's Rasool”. (Muslim, Vol 1, Pg 43)

There are numerous other Ayats and Ahadeeth like these in which Allah and His Rasool (Sallal Laahu Alayhi Wasallam) has classified the pious Mu'mins to be Jannatis. When this is the state of those who brought Imaan on Allah and His Rasool (Sallal Laahu Alayhi Wasallam) and performed good deeds only, what doubt is there that those who are the means of others bringing Imaan and doing good deeds, through whose propagation of Islam and teaching thousands gained salvation and honour, are Jannati. Allah is pleased with them and they with Him. For the Auliya to help and assist anybody, the pleasure of Allah which they have gained is sufficient. When Allah is pleased with them, their Du'as are accepted and when their supplications are answered, how can Istimdaad and Tawassul through them not be permissible? The above-mentioned Ayats and Ahadeeth are sufficient in proof of the greatness and excellence of the Auliya and them being Jannatis also. However, we quote a few other Ayats and Ahadeeth in which Allah and His esteemed Rasool (Sallal Laahu Alayhi Wasallam) have clearly indicated that the Auliya have no fear of Jahannum, are free from it and enmity with them is hostility for Allah.

1. “Careful! Undoubtedly, the Walis of Allah have no fear or sorrow.” (Surah Yunus, Verse 12)
2. “The friends of Allah are the pious.” (Surah Anfaal, Verse 39)
3. Allah states: “I have made a declaration of war against he who harbors enmity for any of My Walis”. (Fatawa Razvia, Vol 3, pg. 299)
4. The Holy Prophet (Sallal Laahu Alayhi Wasallam) states: “When Allah begins to love a certain servant, He doesn't burden him with the harm of any sin”. (Fatawa Razvia, Vol. 3, pg. 283)
5. The Noble Messenger (Sallal Laahu Alayhi Wasallam) reports Allah to have said, “I have made a declaration of war on he who has hostility for any of My Walis. The most liked method of My servant gaining My closeness is the completion of that which I have made Fardh on him. After the completion of that which is Fardh, My servant gains My nearness through Nawafil (optional) deeds until I begin to love him. When I begin to love him, I become his ears, eyes, hands, and feet through which he hears, sees, touches and travels, respectively. If he asks Me for anything, I bestow it to him and if he asks for My protection, I protect him.” (Mishkaat, pg. 197)
6. Rasoolullah (Sallal Laahu Alayhi Wasallam) has said, “He who has enmity for the Auliya of Allah is like someone who has come out to fight Allah.” (Fatawa Razvia, Vol 3, pg. 299)

Muslims, think carefully, those for whom Allah makes a declaration of war, will He throw them in the blazing fires of Hell?

Aala-Hazrat Imaam Ahmad Raza Khan states: “The Auliya and Sufiya i.e. those who are true and possesses the Maarifat of Allah are safe from every fear and sorrow on the Day of Qiyaamat, as per the explicit ruling of the Holy Qur'an.” (Fatawa Razvia, Vol. 9, pg. 52)

It is now proven that the Auliya are Jannatis and asking for help from them is permissible.

We now produce a few Ahadeeth wherein Allah and His Rasool (Sallal Laahu Alayhi Wasallam) have directed the Bandas to make Istimdaad of the Auliya. Allah has made their Du'as accepted and within their mercy lies Allah's mercy.

1. Rasoolullah (Sallal Laahu Alayhi Wasallam) has said, “There are some servants of Allah specifically created by Him to see that the needs of the creation are completed when afflicted people turn to them with their needs. They are protected from divine punishment.” (Jaame Sagheer, Vol. 2, pg. 977)
2. The Holy Prophet (Sallal Laahu Alayhi Wasallam) has said, “Express your needs to my merciful Ummatis (followers). If you do so, you shall attain sustenance and prosperity because Allah states, 'My mercy is with My merciful servants'”. (Jaame Sagheer, Vol 1, pg. 539)

Under Surah Naaziat, Qaadhi Baidaawi states:

“In these Ayats, Allah is speaking about the souls of the Auliya. When the souls move from pure bodies, their complete strength is attained. They then begin to travel toward higher realms and dive into rivers of heavenly identification to fastly reach the plains of greatness. Therefore, through their strength and superiority, they become instrumental in the working of the creation”. (Tafseer Baidawi, Vol 2, pg. 422)

Aala-Hazrat Imaam Ahmad Raza Khan states, “Supporting this meaning, Allama Ahmad bin Muhammad Shihaab Khifaaji and Imaam Hujattul-Islam Muhammad Ghazali state in the book Inaayatul-Qaadhi and Kifaayatur-Raadhi respectively, “Hence it was said, 'When you become anxious over affairs, ask help from the Mazaars of the Auliya.' This saying is not a Hadeeth as some have supposed. Nevertheless, visiting the Mazaars of the pious predecessors and using them as Wasila to Allah, has been unanimously agreed upon by Muslims even though some heretics of today reject this. We turn only to Allah when faced by their mischief.” (Al-Amnu wal Ulaa, pg. 41-42)

From the above irrevocable proofs, it is firmly established that Allah has granted control over matters in this world to the Auliya. By granting them this, He has handed them the responsibility of seeing that the needs of the creation are fulfilled. He has also ordered the servants to fulfill their needs and solve their afflictions through them. This is why problems are solved through their Wasila. Only he who is a Jaahil or deviant will refute and not accept this.

(5)

Sexual-Intercourse by a husband with his wife in her anus is not sexual-intercourse but sodomy and sodomy with the wife is also Haraam. In the situation of the husband persisting in anal-sex, if the wife is unable to bear this oppression of the husband and kills him, she doesn't even become answerable. Likewise in the case of the husband persisting in sexual-intercourse while his wife is undergoing Haiz (i.e. the same rule applies).

Mulla Jeewan states,



(Tafseeraat-e-Ahmadia, pg. 82)

Hazrat Ibn Umar (Radi Allahu Anhuma) reports, “Once a person practiced sodomy on his wife. This action was questioned by him in his heart until Allah revealed this verse, 'Your wives are your fields. Come to your farms through whatever way you choose'”. (Ahkaamul-Qur'an, Vol. 1, pg. 352)

Commentating on this Ayat, “Your wives are your fields…”, Mulla Jeewan states,

“It is obligatory upon you to have sexual-intercourse with your wives in the part of the body which has been divinely commanded and that part of the body is the vagina. The vagina is the area of cultivation and it's opposite (the anus) is Haraam.” (Tafseeraat-e-Ahmadia, pg. 81)

He further states in pg. 82 of the same book, “Your wives are places of cultivation for you. So have sex with them in the part of the body for cultivation in whatever way you wish, kneeling on the knees, reclining on the back, facing head down, standing or in the bending position. (Meaning whatever position, but sex must occur in the vagina).

'The wife is Halaal on the husband' definitely doesn't mean that prohibited interactions and grossness is also Halaal. These are the boundaries set by Allah. Do not transgress them. Verily, those who transgress these boundaries, they are oppressors and severe punishment is for them.

We now cite a few Ahadeeth prohibiting sodomy,

a. Rasoolullah (Sallal Laahu Alayhi Wasallam) has said, “He who has sex with his wife in her anus or while she is in Haiz, has assuredly dissented from that which was revealed to Muhammad.” (Ahkaamul-Qur'an, Vol. 1, pg. 353)
b. The Holy Prophet (Sallal Laahu Alayhi Wasallam) has said, “Cursed is he who has sex in the anus of his wife”. (Maalimut-Tanzeel, Vol. 1, pg. 199)
c. Hazrat Ikramah (Radi Allahu Anhu) narrates, that a person came to Hazrat Ibn Abbas (Radi Allahu Anhuma) and said, “I have sex in the anus of my wife and I have heard this saying of Allah, 'Your wives are your fields.. So proceed to your farms in whatever way you wish'. Based on this divine instruction, I thought that anal-sex for me is Halaal.” Hazrat Ibn Abbas (Radi Allahu Anhuma) retorted, “O stupid man! Verily Allah's saying, '……in whatever way you wish', doesn't mean through the anus but it means that enter into the vagina through whatever way you will, standing, bending, from the front or behind. Do not exceed to it's opposite (the anus).” (Tafseer Durre-Mansoor, Vol. 1, pg. 263)
d. Hazrat Abu Hurairah (Radi Allahu Anhu) reports that the Noble Messenger (Sallal Laahu Alayhi Wasallam) has said, “On the Day of Qayamat Allah will not look with favour towards he who has sex in the anus of his wife.” (Tafseer Durre-Mansoor, Vol. 1, pg. 264)
e. Hazrat Ibn Masood (Radi Allahu Anhu) narrates that the Holy Prophet (Sallal Laahu Alayhi Wasallam) has stated, “The anus of your wives is Haraam on you”. (Tafseer Durre-Mansoor, Vol. 1, pg. 265)

So it is proven that sodomy with the wife is strictly prohibited and the couple who practice such a Haraam action are severe sinners and worthy of Allah's Wrath and punishment. It is necessary on them to make Tauba and Istighfaar from such a Haraam action. The couple who committed this Haraam act thinking it as allowed should also renew their Imaan and Nikah together with repenting, as a precaution. They should do so because according to one ruling, deeming sex in the anus as Halaal is a Kufr.

Oral Sex is Makrooh. It is necessary on both the husband and wife to refrain from it. Alamghiri states,



(Vol. 5, pg. 372)

And if he ejaculates in the mouth it is absolutely Haraam, a sinister offence with a severe result.


Written by
Maulana Muhammad Abdur-Raheem “Nashtar” Farooqi
21 Rabee-us-Saani 1422 A.H.

Certified by
Huzoor Tajush Shari'ah, Allama Mohammed Akhtar Raza Khan Azhari
Qaadhi Abdur-Raheem Bastawi