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Month: June 2012

What is the ruling on touching the kabah’s cloth?

This is among the innovations that has no basis. We have been commanded to follow the Messenger of Allaah (sallal-laahu-alayhi-wasallam), (so) follow and do not innovate. ”Indeed in the Messenger of Allah (Muhammad) you have a good example to follow.” [Ahzaab: ayah: 21]. We neither know of the Messenger touching the kabah’s cloth nor his companions, and had it been a good thing, they would have preceded us in it. Therefore, touching the kabah’s cloth or the two walls of the Messenger’s compartment or the netting on it, then all of this is an innovation that has no basis in the Islamic legislation. [Al-Fataawaa Wad-duroos Fil Masjidil Haraam: Shaikh Abdullaah Bin Muhammad Bin Humaid (rahimahullaah): Page 130] 


Al-Markaz As-Salafi

 

Legislated Rankings of Walees For marriage

Let us take a moment to be clear on the legislated ranks of wilaayah in a marriage contract. The following are the order of ranks, each of them being sound-minded adult men of the same religion:

1. Father

2. Grandfather (from the father’s side)

3. Great Grandfather (from the father’s side)

4. Son

5. Grandson

6. Great Grandson

7. Oldest Full Brother

8. Next Oldest Full Brother (and so on…)

9. Oldest Half-Brother (from the Father’s side)

10. Next Oldest Half-Brother (from the Father’s side, and so on…) [1]

11. Oldest son of a Full Brother (Nephew)

12. Next Oldest Son of Full Brother (Nephew)

13. Oldest Son of a Half-Brother from the Father’s side (Nephew)

14. Next Oldest Son of a Half Brother from the Father’s side (Nephew)

15. Grandson of Full Brother (oldest first)

16. Grandson of Half-Brother from the Father’s side (oldest first)

17. Oldest Paternal Uncle

18. Next Oldest Paternal Uncle (and so on…)

19. Oldest Son of Paternal Uncle (Cousin) [2]

20. Next Oldest Son of Paternal Uncle (Cousin, and so on…)

21. Oldest Great (Paternal) Uncle

22. Next Oldest Great (Paternal) Uncle (and so on…) [3]

Important: Each of the above mentioned walees has the right to appoint someone on his behalf to act on his behalf. So in this case, if the father appoints the brother to act as the walee, then he is the official and accepted walee, even in the presence of the grandfather, since the brother is the father’s chosen trustee and takes his place.

After these relatives have been exhausted, then a woman may seek to appoint a walee from outside her family through the Muslim authorities.


From the benefits of this short article is an important review of the rankings of walees for marriage, as quoted below (read the article at the URL above for more benefit): http://www.bakkah.net/en/dont-play-games-with-wilaayah-the-right-of-being-the-walee-for-a-marriage.htm

The Permissible and Prohibited Forms of Taqleed

-Salafipublications.com Article Id : MNJ060005

The Permissible Form of Taqleed

Shaykh Saalih al-Fawzaan, hafidhahullaah said: “As for the permissible form of blind-following (at-taqleedul-mubaah), then it is for the common person (aamee) who, if he does not follow the people of knowledge, then he will stray from the path. Allaah, the Mighty and Majestic, said: ”Ask the people of knowledge if you do not know. [an-Nahl 16:43]  And taqleed is not done to just anyone. Rather, it is done to one who is acredited with knowledge and piety and is known to the people for this. “

Shaykhul-Islaam Ibn Taymiyyah, rahimahullaah, said: “When a Muslim is faced with a problamatic situation, he should seek a verdict from one whom he believes will give him a verdict based upon what Allaah and His Messenger have legislated; whatever school of thought (madhhab) he belongs to. It is not obligatory upon any Muslim to blindly follow a particular individual from the scholars in all that he says. Nor is it obligatory upon any Muslim to blindly follow a particular madhhab from the scholars in all that it necessitates and informs. Rather, every person’s saying is taken or left, except that of the Allaah’s Messenger sallallaahu alayhi wa sallam. To follow the madhhab of a particular individual because of an inability of knowing what has been legislated, is from that which is permissible; it is not from that which is obligatory upon every individual – if they have the ability to know what has been legislated without this path of blind-following (taqleed). So each individual should fear Allaah as much as he is able, and seek knowledge of what Allaah and His Messenger have ordered; doing what is commanded and keeping away from that which is forbidden. “

Shaykhul-Islaam Ibn Taymiyyah also said: “As for the one who has the ability to perform ijtihaad, is it permissible for him to do taqleed? About this there is a difference of opinion, with the correct opinion being that it is permissible in cases where he is unable to perform ijtihaad; either due to the proofs being similar, or due to a time constraint in being able to perform ijtihaad, or due to the proof not being apparent to him. So in cases where he is unable, the obligation of ijtihaad is lifted from him due to this inability.”

The Prohibited Forms of Taqleed

Ibn al-Qayyim, rahimahullaah, said about the prohibitted types of taqleed:

“It is of three types:- Firstly: totaly turning away from what Allaah has revealed, but rather being satisfied with the taqleed of ones for-fathers.

Secondly: doing taqleed of someone when you do not know whether that person is from those whose saying can be taken.

Thirdly: doing taqleed after the proofs have been established and it becomes apparent that the evidence contradicts the view of the one to whom taqleed is done.”

Imaam Ahmad bin Hanbal, rahimahullaah, said: “How strange it is that a people who know the chain of narratiuon of a hadeeth (isnaad) and its authenticity, yet still they follow the opinion of Sufy aan [ath-Thawree]; even though Allaah, the Exalted, said:

Let those beware, who oppose the command of the Messenger, lest some trial (fitnah) befalls them, or a painful punishment is inflicted upon them. [Soorah an-Noor 24:63].

Do you know what the fitnah is? The fitnah is shirk! Since the rejection of some of his sayings could cause something of deviation to enter into the heart, and thus be destroyed.”

Shaykh Abdur-Rahmaan ibn Hasan (the grandson of Muhammad ibn Abdul-Wahab), rahimahullaah, said: “In the words of Imaam Ahmad, rahimahullaah, is an indication that doing taqleed before the proofs reach a person is not blameworthy. Rather, the one who is to be censured is that person to whom the proofs reach, yet he opposes them due to [adhering to] the saying of his scholar. “


REFERENCES

1. Muntaqaa min Fataawaa (5/363).

2. Majmoo Fataawaa (20/208-209).

3. Majmoo Fataawaa (20/204).

4. Ilaamul-Muwaqqieen (2/188).

5. Related by Ibn Battah in al-Ibaanatul-Kubraa (no.97). Refer also to al-Masaail (3/1355) of Abdullaah ibn Imaam Ahmad.

6. Fathul-Majeed (2/649).