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Fatwa #1040113 December 2003United States of America

She says: men (and women) do NOT have to pray Taraweh, it is acceptable to donate organs, pay fidya instead of fasting etc. Also she says adhaan and is imaam at salaat ...advise?

Question

What can we do? Here in LA area, Sr Maha, is an "Islamic scholar and teacher" to women, young girls & boys. However a few feel she is teaching incorrectly. She says: men (and women) do NOT have to pray Taraweh, it is acceptable to donate organs, pay fidya instead of fasting etc. Also she says adhaan and is imaam at salaat. She is Shaafi, teaching Hanafis. everyone says that's the difference. As she is a very charismatic and forceful speaker, everyone follows whatever she says, like sheep, without question. Is there any way to keep a check on Islamic teachers? Could these type of classes be discouraged, as they are held in the mosque?

Answer

You have stated that sister Maha teaches and propagates the following:%0D%0A1. Men and women do not have to pray Taraweeh%0D%0A2. It is acceptable to donate organs%0D%0A3. Pay Fidya instead of fasting%0D%0A4. She calls out the Adhaan and performs Salaat%0D%0A5. She teaches Hanafis.%0D%0A%0D%0AAt the outset, we wish to point out that our answer should be viewed in an%0D%0Aacademic light and not as discriminatory against females. According to the%0D%0AShari'ah, a female may be an Aalimah (learned) and be a Muallimah (teacher).%0D%0AThat, in fact, is encouraged. The womenfold of the household of Rasulullah%0D%0A[sallallaahu alayhi wasallam] were well versed in Shari'ah and they%0D%0Adisseminated their knowledge to the Ummah. However, according to the%0D%0Ainformation provided by you, it appears that Sister Maha is not an Aalimah.%0D%0AShe lacks sound and authentic knowledge in Shari'ah.%0D%0A%0D%0AAny person who possesses sound Ilm-e-Deen would bear testimony to this.%0D%0ASister Maha claims that men and women do not have to perform Taraweeh%0D%0ASalaat. Such a view is incorrect. According to the Shari'ah, Taraweeh is%0D%0ASunnat-e-Muakkadah. (Nurul Iedhaah pg.97; Qadeemi) This ruling is for both%0D%0Amales and females (Ibid). The Shari'ah basis for the ruling for the ruling%0D%0Ais Ijmaa of the Sahaaba [radhiallaahu anhum] at the time of Umar%0D%0A[radhiallaahu anhu] which is a Daleel-e-Qat'ee. (Raddul Muhtaar pg.43;%0D%0AQadeemi) In fact, the denial of Taraweeh being Sunnah and for women as well%0D%0Awas the belief of the Rawaafidh (Shi'as) (Ibid)%0D%0A%0D%0AThe above information is well known even by out second year students%0D%0Astudying the first syllabus on Fiqh. To carry out a Sunnat-e-Muakkadah act%0D%0Ais compulsory. If one discards such an act, it will be a sin. Besides Sister%0D%0AMaha's view being incorrect, she lacks insight in the spirit and purpose of%0D%0AShari'ah. There are innumerable Ahadith presenting Taraweeh in an imperative%0D%0Asense. Yet Sister Maha presents it otherwise. In these times of comfort and%0D%0Alaxity who won't take advantage of her approach. The general masses do not%0D%0Aknow the technicalities of the Shari'ah. They just need one 'view' to%0D%0Asupport their laxity. Sister Maha has provided this for some people who have%0D%0Airresponsibly followed her. Any person having little insight in Hadith will%0D%0Aknow that even 20 Rakaats Taraweeh is even proven at the time of Rasulullah%0D%0A[sallallahu alayhi wasallam]. (Musannaf ibn Abi Shaybah). The claim of%0D%0Aweakness in the chain of narrators is eradicated through tht subsequent%0D%0AIjmaa. It will be interesting to know on what basis does Sister Maha believe%0D%0Ain the Khilaafat of Abu Bakr al-Siddique [radhiallaahu anhu]?%0D%0A%0D%0AKindly forward her response to me.%0D%0A%0D%0AKindly elaborate on Sister Maha's views on organ transplant in order for us%0D%0Ato respond appropriately.%0D%0A%0D%0AThe paying of Fidya instead of fasting is only for an old person and sickly%0D%0Aperson who is unable to fast and also make Qadha of the missed fast in the%0D%0Afuture. I do not believe that any person claiming to be a scholar and%0D%0Ateaches would have a general view of giving Fidya instead of fasting. How%0D%0Awould one of them reconcile between the many verses expressing the%0D%0Aobligations of fasting. If Sister Maha hold such a view, her Aqeedah will be%0D%0Acalled to question, like in the case of her view on Taraweeh not being%0D%0ASunnah.%0D%0A%0D%0AYou state Sister Maha calls out the Adhaan. That is not permissible. It is%0D%0Aresented for a female to call out the Adhaan. (Nurul Iedhaah pg.58;%0D%0AQadeemi). This is further substantiated by the Athaar of Hadhrat ibn Umar%0D%0Aand Hadhrat Anas [radhiallaahu anhum]. (Durr-e-Mukhtar pg.484; Qadeemi).%0D%0A%0D%0AThe same ruling is for her Imaamat as well. It is clear from the above that%0D%0ASister Maha is not an Aalimah and she should not be permissible to conduct%0D%0Aher classes in the mosque. People must be careful in their sources of Ilm.%0D%0AIt is true that people are full of emotions and fall for the charisma and%0D%0Aforceful speech of some person irrespective of the person's qualifications%0D%0Ain Deen. That is indeed a very serious error. Hasan al-Basri (RA) advised,%0D%0A'Verily, this Ilm is Deen. See from who you take your Deen.' (Mishkaat)%0D%0A%0D%0AWe urge the Muslims of the LA area to guard themselves against Sister Maha%0D%0Aand the like. The trustees of the mosque where she conducts her lessons%0D%0Ashould restrict her from conducting lessons there. They should ensure that%0D%0Aonly a reliable Aalim of Deen disseminates Ilm-e-Deen to their congregation.%0D%0AIf people are misguided because of Sister Maha, they will be responsible and%0D%0Asinful for that.%0D%0A%0D%0AOur answer is based on the information provided. If Sister Maha's views are%0D%0Adifferent or she firmly believes in what is said about her, I invite her to%0D%0Aan open academic correspondence.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai
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