A Warning to the Spurious Mufti and the Careless Mustafti
The phrase “Allahu A’lam” – Allah knows best – is the adornment of a scholar, with which he clothes himself and guards his nakedness; Whenever a person of knowledge abandons this garment, his nakedness becomes exposed to the public, sooner or later. Therefore, it was from the noble manners and etiquettes of the most competent Mufti and the best signatory on Allah’s behalf, His last Prophet, SalAllahu ‘Alaihi wa-sallam, to say “I do not know” in response to any matter he was unacquainted with. This is in spite of him being blessed with the revelation from above the seven Heavens.
It is authentically reported that the Prophet SalAllahu ‘Alaihi wa-sallam, was asked: “Which of the places are the worst?” He replied: “I would not know until I ask Jibreel.” He then asked Jibreel and explained that the market places were the worst of places.[1]
If this is the case with the most knowledgeable amongst Allah’s creation of His religion, then what of the one who has no knowledge, yet he has the audacity to speak on Allah’s behalf?
Ibn al-Qayyim says:
“Whoever issues a verdict to the people, whilst he is not qualified to do so, then he is sinful and disobedient, and whoever establishes him as a Mufti from the leaders, then he is also sinful.
“Abul-Faraj Ibn al-Jawzi – may Allah be merciful to him – said: “The leaders are obliged to forbid them from issuing verdicts, as did the Umayyads; for they are like the one who guides a caravan whilst not knowing the way himself, or the blind who guides the people to the Qiblah, or one who knows no medicine yet he treats the people; in fact, he is worse than them. If a leader is obliged to forbid the one not versed in medicine from treating patients, then what of the one who knows no Book or Sunnah, nor has he learnt any Fiqh?”
“Our Sheikh[2] would severely rebuke such people. I once heard him say: “Some of them said to me: “You placed someone to supervise the issuing of Fatwas?” I said: “The bakers and cooks have someone overseeing them, yet there should not be anyone to oversee Fatwas?!”
“Imam Ahmad and Ibn Majah narrated from the Prophet SalAllahu ‘Alaihi wa-sallam, that he said: “Whoever issues a verdict without knowledge, then the sin will be on the one who issues the verdict.”[3] In al-Bukhari and Muslim, it is narrated in the Hadeeth of ‘Abdullah ibn ‘Amr ibn al-‘Aas, from the Prophet, SalAllahu ‘Alaihi wa-sallam, “Verily, Allah does not take knowledge by removing it from the breasts of men, rather he takes knowledge by taking the scholars (in death); until when no scholar remains, people take the ignorant as their leaders, and ask them questions, while they pass verdicts without knowledge, and become astray and lead others astray.”[4] – End of Quote[5]
Hence, here is Ibn ‘Abbas – the graduate from the University of the Prophet SalAllahu ‘Alaihi wa-sallam, for whom the Prophet SalAllahu ‘Alaihi wa-sallam, asked Allah to grant him understanding in the religion – saying about those who dare to answer any question posed to them: “Surely, the one who gives verdicts to the people in all that they ask is definitely foolish.”[6]
Here is Ibn Sirin, the student of Ibn ‘Abbas, and the most knowledgeable scholar of Basrah. He reports that Hudhaifah said: “Only one of the three types of people issue verdicts: 1) The one who knows that which abrogates, and the abrogated verses of the Qur’an (al-Nasikh wal-Mansukh), 2) The leader, who finds no way to avoid it (Ifta), and 3) the stupid person who burdens himself (with Ifta)”. Ibn Sirin then said: “I am not of the first two, so I hope I am not the stupid person who burdens himself.”[7]
Al-Baraa’ said: “I met 300 from the warriors of Badr. There is not one of them, except that he wishes that his companion would suffice him with Fatwa.”[8]
When al-Qasim ibn Muhammad was asked about an issue, he said: “I am not competent enough (to respond)”. The questioner then said: “I was sent to you, for I do not know of anyone else!” He responded saying: “Do not look at the length of my beard, and the mass of people around me! By Allah! I am not competent enough!” Then an old man from Quraish said to him: “O nephew! Respond to it, for I have not seen in the gathering one nobler than you today!”, Hence al-Qasim said: “It is more beloved to me that my tongue is cut, than to speak of something of which I have knowledge!”[9]
Here is Imam Abu Hanifah, the greatest jurist of the Ummah, who was reportedly asked about nine issues, yet he replied to them all by saying: “I do not know”[10].
Imam Malik – about whom the Prophet SalAllahu ‘Alaihi wa-sallam, said: “Very soon people will beat the flanks of camels searching for knowledge. They will not find a scholar more knowledgeable than the scholar of Madina.”[11] – yet, when he is asked a question to which he does not know the answer, he humbly admits: “I do not know”. When it was then said to him that it is a light and simple issue, he became angry, remarking: “There is nothing in this knowledge that is light! Have you not heard the statement of Allah – the Mighty and Magnificent: “Indeed, We will cast upon you a heavy word”?! [12] So all of knowledge is heavy, especially that which one will be asked about.”[13]
In spite of the Prophet SalAllahu ‘Alaihi wa-sallam, foretelling Malik’s pre-eminence in knowledge, he used to say: “I did not issue a verdict, until seventy people bore witness for me that I am capable of doing such.”[14]
He also said: “A person must not view himself capable of anything, until he asks the one more knowledgeable than him; I did not issue verdicts, until I asked Rabi’ah and Yahya ibn Sa’id about it, then they ordered me to issue verdicts. For had they forbidden me, I would have refrained from giving verdicts.”[15]
One of the Salaf said about Malik: “By Allah! When Malik was asked about an issue, it would be as if he is standing between Paradise and Hell.” [16]
Al-Haitham ibn Jamil says that he witnessed Malik being asked forty-eight questions, yet he answered thirty-two of them with the reply, “I do not know”.[17]
Abu Nu’aim said: “I did not see a scholar who said the phrase ‘I don’t know’ more frequently than Malik.”[18]
Here is Imam al-Shafi’i, the reviver of Islam in his century[19], when asked about an issue, he remained silent. It was said to him: “Will you not respond?” He replied: “Not until I know whether my silence is better than my response.”[20]
Imam Ahmad, whom his own teacher – al-Shafi’i – lauded, saying that he is an Imam in Fiqh, would say: “Whoever presents himself for the position of Ifta, presents himself to a great matter, unless he is driven by necessity.”[21]
‘Abdullah, the son of Ahmad ibn Hanbal would say: “I would hear my father many times being asked about issues, and he would reply saying: ‘I do not know’. He would sometimes withhold from responding if there was difference of opinion in an issue. Very often he would say: ‘Ask someone else’. When it was said to him: ‘Who should we ask?’ he would reply: ‘Ask the scholars’”[22]
Al-Athram, from the foremost students of Ahmad ibn Hanbal said that he witnessed Ahmad being asked questions, and frequently he would reply: “I do not know,” in spite of him knowing the various opinions regarding such issues.[23]
It was said to Ahmad: “Which is better, to speak or to remain silent?” He replied: “To remain silent is more beloved to me, except in a case of necessity.”[24]
Ibn ‘Uyayna said: “The most knowledgeable with regards to Fatwa are the most silent of them; and the most ignorant with respect to Fatwa are the most outspoken of them.”[25]
He also said: “The most daring of the people to issue verdicts are the least of them in knowledge.”[26]
Bishr ibn al-Harith said: “Whoever loves to be asked questions, then he is not worthy of being asked.”[27]
In spite of such warnings and admonitions, even during the golden era of Islam there existed those who would feign knowledge and assume the position of Ifta, whilst not been qualified to do so.
Hence, Abul-Husain al-Asadi is reported to have said about the people of his time: “Some of them pass verdicts in an issue, the like of which, if it were to have been faced by ‘Umar ibn al-Khattab, may Allah be pleased with him, then he would have gathered the warriors of Badr (to pass a verdict)!”[28]
Ibn Muflih says, complaining about those who feign knowledge in his time: “From them is the one who is bold in issuing verdicts, while he has not fulfilled the conditions for Ifta; And from them is the one who enters upon the rulers, and injures himself by witnessing the oppression without being able to forbid the evil. The ruler is also wronged, because he subsequently thinks: ‘If I was at fault, such a scholar would not sit with me’. Equally, the public are harmed, because they then think: ‘Were the affair of the Sultan not close to being correct, this scholar would not have associated with him’.
He also says: “From them is the one who issues verdicts, while he has not reached the level to do so. He presents himself as if he is one advanced in knowledge, so that the people may approach him for Fatwas. But if he were to look at himself in all honesty, and fear Allah the Most High, he would know that it is not permissible for him to issue verdicts.”[29]
Ibn al-Salah quotes Malik saying that he was informed by a man who entered upon Rabi’ah ibn Abi ‘Abd al-Rahman, and found him weeping. He enquired: ‘What is it that is causing you to weep?’, for he was disturbed by his weeping. He asked: ‘Has some calamity befallen you?’ Rabi’ah replied: ‘No, but I asked someone who has no knowledge, hence, a great (distressing) affair has appeared in Islam.’ He also said: ‘Surely, some of those who give verdicts here, are more deserving to be imprisoned than thieves!’
Ibn al-Salah commented on this saying: ‘May Allah have mercy on Rabi’ah! What if he were to witness our time?!’
May Allah have mercy on Abi ‘Amr ibn al-Salah! What if he were to witness our time? What would he say, when he sees the one who passes a Fatwa saying that it is permissible to smoke; It is permissible to mix freely with the opposite sex; It is permissible to shake hands with the opposite sex; It is allowed for French Muslim women to discard their Hijab, because the French government has “every right… every right… every right”[30] to ban Hijab; And the rest of such baseless Fatwas issued by the Khunfusharis[31] who recklessly pass such verdicts either without possessing knowledge of Shari’ah, or whilst they are driven by their desires, and consequently destroy their lives as well as their Hereafter.
This is the situation of those who have, whether officially or unofficially, taken up the position of Ifta, and created fame for themselves, such that many of the masses are misled by them, thinking that they are the Imams of our time.
There is also a further category of spurious Muftis which is rarely noticed; they are not those who devised fame for themselves, nor have they assumed the position of Ifta, but are, nevertheless, daring enough to participate in discussions beyond their level, while at the same time they are ignorant of the basics of the five pillars. Amongst them are those laymen who visit discussion boards on the internet, declaring their verdicts of Halal and Haram, or those at university campuses that adhere to certain groups, or organisations, engaging in all kinds of debates, related to topics that are far exceeding their capabilities. From them are those:
Who have read a few books in Usul al-Fiqh (principles of jurisprudence) in the English language, and subsequently see themselves eligible to discus what is Amr and the proof of Ahad narrations and other issues.
Who are told by their mentors that they must, or must not follow a Madhab, so they begin to wage war against whoever opposes their opinion, quite often, without having read a single classical work on this issue.
Who consider themselves the Ahmad ibn Hanbal or Yahya ibn Ma’in of the West, and so they embark on criticism of respected people of knowledge, whilst they themselves are deficient in the knowledge of Arabic, and ignorant of the Islamic sciences.
In reality, however much they feign knowledge, they are simply blind-followers of their mentors, and therefore, the foundation of all their discussions is Taqleed, even if they seem to throw a barrage of evidences against their opponents[32].
So, let this be a reminder to every Muslim who seeks success in this world as well as the Hereafter, to abstain from delving into discussions that he possesses little or no knowledge of, and that he does not become a signatory on behalf of Allah, declaring Halal and Haram, while he has no authority from Allah to do so.
Similarly, he should also be careful with regards to his religion, and avoid referring to false Muftis for a Fatwa, or those hasty in issuing verdicts, or rarely heard using the phrase ‘Allahu A’lam’ – Allah knows best; for if a Mufti can be so careless about his own Hereafter by irresponsibly issuing Fatwas, how can any sane Muslim trust him with regards to his life and his Hereafter? Therefore, let us take admonishment from the words of Ibn Sirin, and many others from the Salaf who said: “This knowledge is religion, so be careful from whom you obtain it!”
Abuz-Zubair
11th of Safar 1425
Corresponding to 31st of March 2004
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[1] Hasan. See al-‘Azazi’s verification of al-Faqih al-Mutafaqqih 2/270
[2] Meaning, Sheikh Taqi al-Din Ibn Taymiyah al-Harrani al-Hanbali (d. 728) – may Allah be merciful to him.
[3] Hasan. See Mashhur Hasan’s verification of I’lam al-Muwaqqi’in 3/439, and al-‘Azazi’s verification of al-Faqih wal-Mutafaqqih 2/328
[4] Bukhari and Muslim, see I’lam 6/131
[5] I’lam al-Muwaqqi’in 6/131
[6] Saheeh. Jami’ Bayan al-‘Ilm wa Fadlihi 2/1123
[7] Ibid. 2/1127
[8] Al-Faqih al-Mutafaqqih 2/349
[9] Ibid.
[10] Al-Mawsu’ah 544
[11] Hasan, narrated by Ahmad and al-Tirmidhi. There is general agreement amongst Ahl al-Hadeeth that Malik is the one referred to in this statement of the Prophet SalAllahu ‘Alaihi wa-sallam, see Dirasat Fi al-Jarh wa al-Ta’dil by Dr. al-A’dhami p. 347
[12] Al-Quran al-Muzzammil: 5
[13] I’lam al-Muwaqqi’in 6/132
[14] Ibid.
[15] Ibid.
[16] Al-Faqih al-Mutafaqqih 2/354, with a weak chain.
[17] Al-Mawsu’ah 52
[18] Al-Mawsu’ah 271
[19] It is narrated that Ahmad ibn Hanbal regarded him to be the reviver of the century. See Siyar al-A’lam al-Nubula 8/395
[20] I’lam al-Muwaqqi’in 6/134
[21] Ibid. 6/133
[22] Ibid. 2/62
[23] Al-Mawsu’ah 51
[24] Ibid. 273
[25] Ibid. 2/350
[26] See Jami’ Bayan al-‘Ilm wa Fadlihi 2/816
[27] Ibid. 2/353
[28] I’lam al-Muwaqqi’in 6/135
[29] Al-Furu’ by Ibn Muflih 6/381, 383
[30] These are the exact words of the Mufti.
[31] Mufti al-Khunfushar – This phrase is based on the story of a man who was known for answering whatever question he is asked. Once, his contemporaries decided to test him and so they asked him about a non-existent word, devoid of any meaning, which they had invented, namely, “Khunfushar”. He responded immediately, defining “Khunfushar” as a type of pleasantly-fragrant herbs that grow on the outskirts of Yemen, and that a certain Yemeni poet composed a poem about them, and that Dawud al-Antaki said such-and-such in his book, and that the Prophet said… As soon as he mentioned the Prophet, they stopped him, saying: You have lied upon all these people, do not lie upon the Messenger of Allah r. (From al-Ta’alum of Bakr Abu Zaid page 15)
[32] The proof of this is that many of these people claim to be making Taqleed of one of the four Imams, whilst they often abandon the established opinion in their respective Madhab for the opinion of their movement or party. When they are asked about it, they embark on an Usuli debate, as if they were Mujtahids, and competent enough in Usul to oppose their Madhab! However, the reality is that their Madhab is their party, and this is why they direct many of their questions to the ‘party-structure’, and not to any Hanafi Imam in the local mosque.
One of the clearest examples of this type of Taqleed is when one of the well known figures changed his Madhab after 11th of September, from that of Ash’ari-Shafi’i, to Wahhabi-Hanbali, making a U-turn from calling ibn ‘Abdul-Wahhab a British agent, to an Imam and the reviver of the religion, resulting in his entire following subsequently changing their Madhab overnight! Unfortunately, this is the reality of the Da’wah scene in the West – that people are not followers of the four Imams, not in Fiqh, nor Usul, nor ‘Aqeedah; but rather they are the Muqallids of their group leaders, whilst some of the latter are Muqallids of the thought and agenda of their party, whilst others simply adhere to the Madhab of controversy and publicity.
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