Fatwa #466454 December 2020Pakistan
CLARIFICATION
Question
Muhtaram Mufti Ebrahim Desai Sahib Maddazilluhu
Assalamualaikum Warahmatullah,
May Allah reward you for all your khidmaat, We all benefit tremendously from your fatawa and
from your balanced approach. We have heard similar sentiments from many senior Ulama.
We have been informed that the following statement attributed to you is used in support of using
derogative and humiliating statements against the views of other Ulama.
Kindly explain the context of your statement. Hereunder, we reproduce your statement.
'' The different ways of Ulama condemning wrongs, some with softness and others harshly etc.
should be viewed in this light. Concentrate on the actual issue pointed out rather than focus on the style and tone ''
Please advise
Answer
The statement is not directed to the attitude of issuing a fatwa.
It is incorrect to use the statement in reference to support the use of derogative statements and humiliating any person when issuing a fatwa.
I have always propagated and emphasised on respecting the Ulama. The Deen of the masses lies in respecting Ulama. If the masses show disrespect to the Ulama, that will be detrimental to their Deen.
If the statement in reference indicate any justification for the use of derogative statements and humiliating people when issuing a fatwa and making Nahi Anil Munkar, then I hereby withdraw that statement and anything related to vice and vulgar language.
However, I do not and cannot oppose any correction to a clear wrong as Nahi Anil Munkar is Fardh and a clear injunction in the Quran.
Allah Ta’ala says:
كُنْتمُْ خَیْرَ أمَُّ ة أخُْرِجَ تْ لِلنَّا سِ تأَمُْرُو نَ بِالْمَعْرُوفِ وَتنَْهَوْنَ عنَِ الْمُنْكَرِ )سورة ال عمران :١١٠(
Translation: “You (Ummah of Muhammad) are the best of nations taken out for the benefit of mankind, you command with good and forbid from evil” (Surah Al-Imran, Verse 110).
It should also be noted that Nahi Anil Munkar should also be done as instructed by Allah Taala.
Allah Ta’ala says:
ادْعُ إِلَىٰ سَبیِلِ رَبِِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ )سورة النحل:١٢٥(
Translation: “Invite people to the way of your Lord with wisdom and good counsel.” (Surah AlNahl, Verse: 125)
It is not permissible to use derogative terms and humiliate anyone in the cause of making Nahi Anil Munkar.
Allah advised Hadhrat Moosa Alayhis Salaam and Hadhrat Haroon Alayhis Salaam to go to Firaun and advise him. Allah Ta’ala says:
فَقوُۡ لَ لَ ه قوَۡ لً لَّیِّنًِا لعََّلَّ ه یَتذَكََّرُ اوَۡ یخَۡشٰى )سورة طه :٤٤ (
Translation: “But speak to him [Firaun] with soft speech, perhaps he may take heed of the reminder or fear.” (Surah Taha, Verse: 44)
Hadhrat Moosa Alayhis Salaam was known for his firm approach in opposing anything against Shariah. Despite that, Allah commanded Moosa Alayhis Salaam to contain himself and speak to Firaun in a soft tone.
No Mufti or Alim is equivalent to Moosa Alayhis Salaam and no opposition is worse than Firaun.
When Moosa Alayhis Salaam is ordered to contain himself and to advice in a soft tone against an unparalleled oppressor like Firaun who committed the highest level of transgression, we too are bound to advise each other with softness and dignity. It is Haram to disgrace and humiliate people using derogative terms whilst correcting a wrong.
We should also take note that what we may perceive as an absolute wrong may not necessarily be so. We may also be wrong in our perception and analysing issues.
When dealing with legitimate differences of opinions, we cannot discount the sincere intentions of the opposing party.
Rasulullah Salallahu Alayhi Wasallam said;
حُسْنُ الظَّ ِّنِ مِنْ حُسْنِ الْعِباَدَةِ ) أبو داود(
Translation: “Thinking well of others is part of good worship.”(Abu Dawood)
And Allah Ta’āla Knows Best
Mufti Ebrahim Desai.