Fatwa #517416 March 2002United States of America
(This is a re-sent, original query was not responded) Assalaamo Alaikum, you have erred in your response to question no.4844.
Question
The Holy Prophet said: "The imam of a people should be the one who is the most versed in the Quran. If they are equal in their recital, then the one who is most knowledgeable of the Sunnah. If they are equal in the Sunnah, then it is the one who migrated first. If they are equal in that, then it is the eldest." Now, please tell me where beard's length is mentioned in this Hadith? It's only Moulvis of India/Pakistan who so vehemently insist on a ruling that doesn't exist. I had the opportunity to meet many Muslim scholars during my sojourn in Arab countries and Malaysia. Many of those scholars had beard what Indian/Pakistani Moulvis would call "ghair Shar'ee beard." They were not only learned men but also God-fearing people. I believe the problem is that many of our Moulvis do not have a clear understanding of what constitutes Shar'ia. They commit grave error when they include the opinion of Fuqaha, Mashaikh or even the illustrious companions of the Holy Prophet within the body of Islamic Shar'ia. Please understand only and only Allah SWT has a right to give Shar'ia. The Prophets were Sha'ray only because they were Allah's Messengers on this earth.
Answer
The Hadith quoted by yourself is quite explicit in it's context. However,%0D%0Ayour question is inappropriate and out of context.%0D%0A%0D%0AHaving a beard is a pre-requisite of every believer. Like it is not%0D%0Amentioned in this Hadith that the Imaam has to be a male, but we all know%0D%0Athat this is a pre-requisite and is proven through other proofs in Shari'ah.%0D%0ACovering of the private parts (Satar) is also a preprequisite but will one%0D%0Aclaim that because this specific Hadith does not make mention of it,%0D%0Atherefore, it will not be a pre-condition. Hence, the Imaamat of an unclad%0D%0Aperson who is 'the most versed in the Qur'aan' is proper?%0D%0A%0D%0ASimilarly, a person who is an open sinner, though he may be well versed in%0D%0Athe holy Qur'aan will not be preferred over someone the opposite (someone%0D%0Awho is outwardly Allah fearing) and is also well versed in the Qur'aan. Once%0D%0Athe above has been understood, know well that any person who trims his beard%0D%0Aupto less than a fist length will be regarded as an open sinner (Faasiq),%0D%0Areason being he has left out an act which is Waajib (obligatory). Growing of%0D%0Athe beard upto this length is Waajib according to all four illustrious%0D%0AImaams, i.e. Imaam Abu Hanifa, Maaliki, Shaaf'ee and ibn Hanbal (RA). A%0D%0Aclose study of their respective Madhabs and the highly ranked books of each%0D%0AMadhab will prove that.%0D%0A%0D%0AYour misconception of the Ulama of a certain community does not hold any%0D%0Aweight. A famous saying goes as follows: 'Alhaqqu laa yu'uraf bil rijaal,%0D%0Abal al-rijaal yu'uraf bil haqq' (The truth will not be judged by the actions%0D%0Aof people. Instead, people will be judged according to the truth).%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMoulana Muhammad ibn Moulana Haroon Abbassommar%0D%0AFACULTY OF SPECIALTY IN HADITH%0D%0A%0D%0ACHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai%0D%0A%0D%0AImaam Bukhari (Radhiallaahu Anhu) reports on the authority of Naafi' who%0D%0Anarrates from Abdullah ibn Umar (Radhiallaahu Anhu) that Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam) said, 'Oppose the Mushrikeen (polytheists);%0D%0Alengthen the beard and trim the moustache.'%0D%0A%0D%0ANaafi' further states, 'And ibn Umar (Radhiallaahu Anhu) during Hajj or%0D%0AUmrah used to hold on to his beard with his fist and cut off whatever was in%0D%0Aexcess of that.' (Bukhari vol.2 pg.875; Kitaab-ul-Libaas)%0D%0A%0D%0AThrough this Hadith, the verdict of the growing of the beard being Waajib%0D%0A(obligatory) is deduced. That is because any explicit command of Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam) will be regarded as Waajib, if there is no%0D%0Aapparent, clear reason%2Fproof which states that that particular command is%0D%0Afor Istihbaab (preference). This is an established fact in Usool-ul-Fiqh%0D%0A(principles of jurisprudence).%0D%0A%0D%0AMoreover, the Wujoob is further emphasized by the fact that Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam) did practice on this in his entire life. Know%0D%0Awell that Rasulullah (Sallallaahu Alayhi Wasallam) did not trim his beard in%0D%0Ahis life (there is no Sahih Hadith which proves otherwise). However, because%0D%0Athe narrator himself (Ibn Umar (Radhiallaahu Anhu) did trim his beard upto a%0D%0Afist's length, this implies that the Wujoob of keeping a beard is upto a%0D%0Afist length only.%0D%0A%0D%0AFurthermore, such has also been reported from Sayyiduna Abu Hurayra%0D%0A(Radhiallaahu Anhu) and other Taabi'een. (Tamheed of ibn Abdul-Barr and%0D%0AFathul Baari). Therefore, the meaning of our statement that you question is,%0D%0A'If any person has trimmed his beard upto less than one fist, then his beard%0D%0Awill not be a Shar'ee beard.'%0D%0A%0D%0ALastly, for your knowledge, the sayings and actions of the Sahaaba%0D%0A(Radhiallaahu Anhum) is a Hujjah (proof) according to the majority of the%0D%0Ascholars. However, the conditions for acceptance may differ. This is also an%0D%0Aestablished principle in Usool-ul-Fiqh. Hence, the refutation of a Shar'ee%0D%0Abeard by the scholar you have mentioned does not hold any weight in front of%0D%0Athe Shar'ee proof we have mentioned.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMoulana Muhammad ibn Moulana Haroon Abbassommar%0D%0AFACULTY OF SPECIALTY IN HADITH%0D%0A