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Allah  said:

“Whoever breaks away from the Messenger after the right path has become
clear to him, and follows other than the way of the Believers, We shall let
him have what he chooses, and then We shall admit him into Jahannam,
which is an evil place to return.” (4:115)

The Messenger  said:

“Allah will not take away knowledge suddenly from the people. Rather
sacred knowledge is removed by the removing of the [true] Ulama, until
there is not a [true] Alim left, the people will take ignorant men as their
guides. These will be questioned and they will reply without [real]
knowledge. They are themselves misguided and misguide others.”1

Imam Al-Awzai said: “Those who follow the odd opinions of the Ulama, have
indeed left Islam”.2

Imam Ibn Sireen said: “This Knowledge is Deen, so look carefully at who you
are taking your Deen from.”3

1
Ibn al-Hajjaj, Muslim, Sahih Muslim, p. 1164, Hadith no. 6797, Dar al-Salam, 1998.
2
Al-Bayhaqi, Abu Bakr, Al-Sunan al-Kubra, vol. 10, p. 356, Hadith no. 20918, Dar al-Kutub al-
„Ilmiyya, 1994.
3
Al-Nisapuri, Muslim, Sahih Muslim, p. 10, Hadith no. 26, Dar al-Salam, 1998.
2
Introduction
All praise to Allah, Lord of All the Worlds. Peace and Blessings upon our Leader and our Prophet,
Muhammad  and upon his family and Companions, and upon everyone who follows them in
righteousness until the Day of Judgment. Ameen.

This is a remarkable age. It is an age where anyone with a smartphone has potentially
instantaneous access to a global audience of millions. Social media apps have
likewise created a cyber-tsunami of information. Muslims are being exposed to all
sorts of views and ideas in the name of Islam. The unsuspecting Muslim, who enters
the social media jungle, can mistakenly embrace a belief or behaviour that actually
opposes the pure teachings of the Messenger of Allah .

Ironically, the problem is not the distortion of Islam, for no one can distort the
religion of Allah Almighty. It is that the vulnerable (often non-practising Muslims)
unwittingly embrace falsehood merely because an eloquent (but unqualified)
individual has told them that this is what your religion teaches. We are witnessing the
horrific consequences of not properly understanding what represents true
scholarship in Islam. Recent history is filled with examples of vulnerable Muslims –
having been taken in by such chapter-and-verse-quoting speakers4 – being misled to
commit terrible atrocities in the name of Islam.
The two opinions this treatise deals with will graphically show readers how opinions
which for some may seem to be Islamically valid and watertight are actually gross
violations of the established Islamic Creed and practice. Indeed they are utterly
rejected by the entirety of Sunni Islam, even if their proponents may claim to be
affiliated to the great Sunni tradition. The last section will suggest some concrete
steps by which a Muslim can avoid such misguidance – simply through truly
embracing the definitive method and protocols of learning the religion, as preserved
in the institution of the four schools (Madhahib) of Islamic law.

Finally, I pray that Allah Ta‟ala accepts this short work and makes it beneficial for
the Muslim community. Ameen.

Muhammad Sajjad5 (UK, 2018)

4
Tragically there is now a long list of such revisionists. Individuals like Javed Ghamidi, Adnan
Ibrahim, Engineer Mohammed Ali Mirza, Farhat Hashimi, Mohammed Sheikh and many other
non-Madhabists. They promote a heretical kind of “Islam”. The fluid methodology that
underpins it enables, and provides cover for, any opinion so long as you can muster a text for it
(irrespective of context). It is this that has enabled the emergence of modern terrorism in the
Muslim world. These corruptions only become possible because these individuals give legitimacy
to parting from the established and constrictive methodology of the four Sunni legal schools.
5
The author is a graduate of Dar al-Ulum Bury (2003). He has a specialisation in Fatwa-issuance,
Jamiah al-„Ilm wal-Huda (2004). In addition to this he has a BA in Modern Arabic Studies, Leeds
University and a MA in Islamic Finance, Loughborough University. He is the author of The Fiqh
of Da’wah – A Commentary on 40 Hadith; Gog & Magog – A Historical Analysis; and the forthcoming
Introduction to the faith, Islam – What They Didn’t Tell You. Email: msajad@hotmail.co.uk
3
Section 1 : Abu Layth
Abu Layth (Naheim Ajmal) has an array of strange opinions6 and views that would
raise the eyebrows of even a nominal Muslim. Here, however, I restrict myself to
analyse just his unequivocal denial of the return of the Prophet „Isa (Jesus) the son
of Maryam . The following points are sufficient in revealing why this is a stark
violation of the Islamic creed.

 The Hadith that establish the return of „Isa  fall under the higher category
of Mutawatir7. The Ulama state to deny a point of belief established in this
definitive way would take a person out of Islam. The famous Imam of Usul
(principles) Imam al-Bazdawi writes: “The denier and opposer of the
Mutawatir becomes a Kafir”8 – see also the final point. The belief in the
return of „Isa  being established by Mutawatir is also not in doubt. The
following scholars have explicitly stated this – each name is an authority in
Islamic learning – :
[1] The famous Qur‟an commentator Imam Ibn Jarir al-Tabari.9
[2] The major Islamic authority Imam Ibn Kathir.10
[3] The Hadith Master Imam Abu Abdullah al-Ubbi.11
[4] The Hadith Master Imam Abul-Hasan al-Aaburi al-Sijastani.12
[5] The Hadith Master Shaykh Ja‟far a-Hasani al-Kattani.13
[6] The Jurist Imam Muhammad Ibn Ali al-Shawkani14
[7] The Jurist and Hadith Master Muhammad Anwar Shah Kashmiri.15
[8] The Hadith Master „Abdullah Ibn al-Siddiq al-Ghumari.16
6
Such deviant opinions as the permissibility of anal/oral Sex, urinating on one‟s spouse for
pleasure, that it is permissible to celebrate Halloween, permissibility of tattoos, and jewellery for
men, denial that magic was done to the Prophet  (as mentioned in Sahih Hadith), etc.
7
The regular hadith (Ahad) typically have only one, two or three narrators transmitting them in
each generation. But Mutawatir hadith are mass-transmitted reports. There are so many narrators
– eg. ten or twenty – in every generation narrating them that they become definitively
established. There are two kinds of Mutawatir – Lafzi and Ma’nawi. This belief falls under the
latter.
8
Al-Bukhari, `Ala al-Din, Kashf al-Asrar ‘an Usul al-Bazdawi , vol. 2 p.533, Dar al-Kutub al-
„Ilmiyya, published in 1997.
9
Al-Tabari, Ibn Jarir, Tafsir al-Tabari, vol. 5 p. 451, (verse 55 in Sura Ale „Imran), Hajar, 2001.
10
Ibn Kathir, Al-Nihaya fil-Fitan wal-Malahim, p. 93, Dar al-Kutub al-„Ilmiyya, 1998.
11
Al-Ubbi, Abu Abdullah, Ikmal Ikmal al-Mu`lim, vol. 1 pg. 265, Dar al-Kutub al-„Ilmiyya, 1910.
12
Al-Qurtubi, Shams al-Din, Al-Tadhkira fi Ahwal al-Mawta wa Umoor al-Akhira, Juzz 3 p. 224,
Dar Ibn Kathir, 2008.
13
Al-Kattani, Ja‟far, Nazm al-Mutanathar min al-Hadith al-Mutawatir, p. 240, Dar al-Kutub al-
Ilmiyya, 1983.
14
Al-Shawkani, Muhammad Ibn Ali, Al-Tawdih fi Tawatur ma jaa fil-Mahdi wal-Dajjal wal-Masih.
15
Kashmiri, Anwar Shah, Al-Tasrih Bi-Ma Tawatara fi Nuzul al-Masih, Maktab al-Matbuat al-
Islamiyya Aleppo, 1992. (Readers should note that Imam Shatibi never denied Mutawatir only
that he considered it a rarity. The scholars mentioned in this list are the proof that the belief of
the return of „Isa  is one such issue that meets that rare standard.
4
 30 companions17 testify that the Prophet „Isa  will return in the End
times. There is not a single narration from a single companion remotely
suggesting that „Isa  is not coming back.
 Sunni scholars have never denied the vast corpus of Hadith Abu Layth has
regarding the return of „Isa . For these scholars to deny even a single
(Ahad) hadith would be tantamount to disbelief. Imam Shafi‟ famously said,
when questioned why he seemed to leave acting upon a solitary narration:
“What, did you see me coming out of a church or wearing a
Zunnar18?”.19
The table below shows just some of the many authentic Hadith that are
being denied.

BOOK OF TEXT OF HADITH REFERENCE RANK


HADITH
Sahih al-Bukhari …soon will the son of Maryam  will p. 581 Sahih
[Abu Huraira r.a. descend as a just ruler. He will break the no. 3448
narrates] cross, kill swine and end the Jizya…
Sahih Muslim Dajjal will come out amongst my Umma, p. 1274 Sahih
[Abdullah Ibn Amar r.a. He will remain for forty, then Allah will no. 7381
narrates] send „Isa …
Sunan Abu Daud „Isa the son of Maryam  will descend p. 607 Sahih
[Al-Nawas Ibn Sam‟an at the white minaret, east of Damascus. no. 4321
r.a. narrates] He will catch Dajjal and kill him at the
Gate of Ludd.
Sunan al-Tirmidhi The son of Maryam will kill Dajjal at p. 615 Hasan
[Mujammi‟ Ibn al-Jariya the Gate of Ludd. no. 2244 Sahih
r.a. narrates]
Sunan Ibn Majah The Prophet  mentioned ten signs p. 800 Sahih
[Abu Sariha r.a. before the end of time. One of them was no. 4055
narrates] the descending of „Isa .
Sunan al-Nasai There will be two groups from my p. 438 Hasan/
Umma who Allah will protect from the no. 3177 20
[Thawban r.a. narrates] Sahih
Hellfire. One will conquer India and the
other will be with „Isa the son of
Maryam .
Mustadrak al- „Isa  will travel a valley as a pilgrim. Vol. 2 p. 651 Sahih
He will come to my grave and present No. 4162 [Agreed by
Hakim [Abu Huraira Dhahabi]
r.a. narrates] his Salam to me and I will return the
Salam.

16
Al-Ghumari, Abdullah, Iqamat al-Burhan ‘ala Nuzool ‘Isa fi Akhir al-Zaman, pg. 22, Al-Maktaba
Al-Azhariyya, 2012.
17
Al-Tasrih fi ma Tawatara fi Nuzul al-Masih; this work has been published by the late scholar Abd
al-Fattah Abu Ghudda.
18
A belt worn by non-Muslims.
19
Al-Jawziyya, Ibn al-Qayyim, I`ilam al-Muwaqqi’in ‘an Rabbil-‘Alamin, vol. 1 pg. 487, Dar al-
Arqam, 1997.
20
See Iqamat al-Burhan by Imam Abdullah al-Ghumari, p. 60, for the basis for the Sahih ranking.
5
As we see all the leading Muhaddithun (Hadith experts) recorded these
narrations. The greatest Imams of Ahl-us-Sunna – before and after them – are
only seen to validate the narrations of these Muhaddithun. It is then astonishing
that a person could come along, a thousand years later, and based on just his
private doubts, undermine these major collections of Islam by declaring their
most established narrations as fabricated.

 Islam came to clarify and correct wrong beliefs. There are numerous verses
and Hadith that can be mentioned in this regard. If one were to accept Abu
Layth‟s position, one would end up saying that this particular false belief of
the Christians remained uncorrected by Islamic revelation.21 For, once you
remove all the hadith stating the coming of „Isa , you are left with a
vacuum. This is highly problematic. Why would the Holy Qur‟an and Hadith
mention matters of lesser significance surrounding „Isa , such as the
location of his birth and the way „Isa  would disclose to the people
what they store in their homes22, yet be totally silent about this most critical
of issues? Surely the situation required a clear statement telling the Christians
that just as you are wrong about the divinity of „Isa , so too are you wrong
about his returning. But there is not a single explicit verse or hadith that
makes this correction. Is not Abu Layth, by promoting the idea that all hadith
on the return of Isa  are to be discarded not only undermining the sources
of Islam, but also showing the faith to be irrational?
 Ironically, Abu Layth repeatedly states that his revision of Islam is also the
most “reasonable” option. The previous point amply debunks this claim.
Moreover, how is it possible for someone to hold the faith hostage to one‟s
personal rational capability? If people were permitted to do this, then as
people have varying capabilities and weaknesses, the faith would be
unrecognisable today. This is why Muslim scholars never deny24 established
texts merely based on personal reasoning. The Maliki Imam Abu Ishaq al-
Shatibi states: “The Companions and the pious after them never opposed
what was in the reports by their mere opinions, whether they grasped
their meaning or did not. Whether those texts flowed with what they
were accustomed to or they did not. That is what is desired in their
transmission. Those who give preference to the defective over the
perfect, that is reason over the religious text/Shar`, should reflect on
that.”23

21
Rather we are faced with the bizarre situation that all we find in the major sources are texts
telling us the opposite.
22
Ale Imran:49.
23
Al-Shatibi, Abu Ishaq, Al-I’itasam, vol. 2 pp. 366-367, Dar al-Khani, 1996.
6
 Abu Layth explains that he rejects these Hadith (despite them being
rigorously authenticated) because they go against the Holy Qur‟an and
reason demands that the Holy Qur‟an be given precedence.24 This is of
course a departure from the way of the Sunni scholars and resembles the
way of Hadith deniers like the Parvezis and Javed Ghamidi. Moreover,
thousands of greater scholars than Abu Layth never saw a sliver of this
supposed irreconcilable contradiction. Indeed, one will not find a single
explicit Qur‟anic text that is being contradicted by this belief. Nevertheless,
Abu Layth proceeds to show us what forced him to leave the united
position of the Ahl-us-Sunna. The Deen of Islam, he explains, taught
tolerance, but „Isa  in these hadith forces people to believe in him. Abu
Layth says (after 55 minutes of session 69): “…he [„Isa ] will give the
Kuffar two choices. All Kuffar on earth two choices. He will say, „you
embrace Islam or you face the sword‟. Yep, you heard me correct,
Jesus will say this is in the Sahih hadith that they are talking about:
you embrace Islam or you face the sword. That goes against the entire
Qu‟ran….why is he forcing them to become converts.”

The problem here is that this so called Sahih (authentic) Hadith does not exist.
There is no Sahih hadith where „Isa  makes the threat of either embrace
Islam or the sword (death). Rather, the only thing mentioned by the authentic
hadith (as supported by the verse 4:159) is that the nations of the world will
embrace Islam and there will be no other religions left on earth. If one keeps all
the hadith in view, this happens after they have witnessed their „Isa (the
Dajjal/False Messiah)25 being destroyed at the hands of the real „Isa . The
reason for their sudden embracing of the „Isa  of the Muslim side at that
point is that the Biblical scriptures clearly state the fact that it will be Dajjal (the

24
Someone may argue here but did not Imams like Imam Abu Hanifa deny Hadith, so why is it
such a problem if Abu Layth does it? Actually, no Imam followed this methodology in engaging
with the texts. The Imams never denied the Hadith of the Prophet . What they did do was, by
fully exerting their intellects, they arrived at a deeper, sophisticated understanding that helped
reconcile seemingly contradictory verses/hadith whilst embracing all the texts. Take the case of
the Raising of Hands in Prayer hadith (Raf’ al-yadayn). Never till this day has any Hanafi scholar
said these hadith are false or baseless. Rather, they have said that there are other authentic
Hadith in Jami’ al-Tirmidhi and Sunan al-Bayhaqi where the Prophet  is said to have not raised
his hands. So in order to reconcile them, Hanafi Imams have said that there are other evidences
(qarain) that indicate that the Hadith on Raising the Hands in Prayer was of an earlier time in the
Prophet‟s  life and the Hadith that tell that there is no raising (except for the first Allahu
Akbar) describe the later (final version) of the Prophet‟s  prayer. Thus we, Hanafis, embrace
both sets of Hadith as our Prophet‟s , only the later teaching has abrogated the earlier one (See
Al-Binaya Sharh al-Hidaya by Badr al-Din al-„Ayni). Readers should note the difference in
approaches. At no point does Imam Abu Hanifa, or any of the great Imams, ever, due to a
personal understanding, say of a Sahih hadith that it is not the hadith of the Prophet . Abu
Layth, however, has said exactly that and not about one Sahih hadith, but a great many of them.
25
Who by that time would it seems have united the world‟s religions by them accepting his call
and believing in him.
7
False Messiah) who is killed by „Isa/Jesus . Thus the death of the Dajjal (who
up until then they believed was „Isa/Jesus ) eventually brings the realisation
that they were the ones who had been tricked. The Muslim side, who had been
claiming that „Isa  was actually with them26, had to be telling the truth. It is
with this realisation that the non-Muslim world – some happily, others
begrudgingly – acknowledge that the religion of the Muslims is the truth. It is
the only logical conclusion. As the hours and days pass, this reality only
becomes more manifest to them, for soon after killing the imposter „Isa, the
real „Isa  miraculously also defeats the nations of Gog and Magog, as
mentioned in Sahih Muslim. There is no force used at any point to convert anyone.
It is a voluntary submission to Islam. This also cogently explains why „Isa 
destroys the swine and abolishes the Jizya, as when all have become Muslim by
their choice, these things are no longer necessary. This is not a new Sharia. „Isa
 is merely bringing the Sharia of Muhammad  to its fruition. Nevertheless,
for Abu Layth to utter this slanderous lie against „Isa  only reconfirms that he
is not a reliable source for understanding Islam.
 Ahl-us-Sunna books of Creed like Imam Abu Hanifa‟s Al-Fiqh al-Akbar,
Imam Abul-Hasan al-Asha‟ri‟s Maqalaat al-Islamiyin, Imam Sa‟d al-Din al-
Taftazani‟s Sharh al-Maqasid and Imam al-Tahavi‟s renowned Aqida text have
all confirmed the return of „Isa  as an essential belief of Sunni Muslims. It
was due to this perfect accord amongst Sunni scholars that Imam al-Saffarini
wrote, “The Umma has united on the descent of „Isa…the only deniers
were the heretics and the philosophers”27. Imam Abu Ja`far al-Tahavi,
stated: “These beliefs are our religion and faith, outwardly and inwardly,
and we absolve ourselves of those who oppose this creed….we have
nothing to do with them, they are for us astray and ruined.”28 When all
the early Mujtahid Imams, Theologians, Muhaddithun, Mufassirun and major
Grammarians held the same belief regarding „Isa‟s  return, to oppose this
mighty consensus only ends up damaging one‟s own scholastic credibility.
 Declaring anyone a disbeliever is a very serious step in Islamic law. Ulama
would never take this step unless it was absolutely necessary to protect the
Umma from heretical beliefs. Past and present scholars have declared those
who knowingly deny the return and descent of Isa  to be kafir. Imam al-
Suyuti29 is a major early scholar who declared this kufr. Of the many leading
scholars of the last one hundred years, who concurred with this ruling, are
Shaykh Abdullah al-Ghumari30 and Shaykh Dr. Ramadan al-Buti.31

26
„Isa  arrives later, making the followers of Dajjal even more certain in their leader.
27
Al-Saffarini, Muhammad Ibn Ahmad, Lawami al-Anwaar al-Bahiyya; vol. 1 pg. 95.
28
Al-Maydani, Al-Ghunimi, Abd-Ghani, Sharh al-`Aqida al-Tahaviyya, pg. 143, Dar al-Fikr, 1995.
29
Al-Suyuti, Jalal al-Din, Al-Hawi lil-Fatawa, vol. 2 157, Daral Kutub Ilmiyya.
30
Al-Ghumari, Abdullah, Iqamat al-Burhan ‘ala Nuzool ‘Isa fi Akhir al-Zaman, pg. 108, Azhar, 2012.
8
Section 2: Imran Hosein
Imran Hosein is a popular scholar whose Youtube videos focus on the Signs
before the Day of Judgement. In a recent talk he argued that it was permitted for a
Muslim woman to enter into a Milk al-Yameen (lit. property of the right hand)
“contract”. To do this she merely decides to be a Milk al-Yameen and then offers
herself to a man as such. If the man accepts, this “contract” comes into being. It is
not a Nikah contract; the other rights and responsibilities that normally accompany
a Nikah do not apply. So, basically, it is a cost-effective way to “Islamically”
indulge in sexual intercourse. Some have even – misguidedly – argued that a man
can do this with up to 50 women at a time. Before going into detail, here are some
salient points that show the gross distortion of the pure Sharia that this represents.

 This “contract” is the “player‟s”32 dream come true, as it enables him to


bypass the profound, protective Islamic teaching regarding the
Wali/guardian, Mahr etc. It has effectively provided for the destruction of
the Islamic family system. Why would a man ever marry if he achieves his
desire in this hastle-free way? Of course, if two individuals did do this they
would only be committing Zina (fornication) as this “contract” has no basis
in the pure religion of Islam. It brings to mind the hadith of the Messenger
of Allah  that near the end of time some Muslims would legalise haram
(including Zina) by giving it a new name.33
 It is a degradation of free Muslim women. Milk al-Yameen is a phrase used
exclusively for slaves. The Shafi‟ Scholars have explicitly stated: Al-Istirqaq
Min A’azam al-Saghar (Slavery is the profoundest kind of humiliation).34
Islam came to elevate and honour Muslim women, not to oppress them.

31
Not only is this belief in total conflict with mainstream Islam, its clearest texts and best
scholarship, upon inspection, it is being promoted in a cloud of deception. To give it the veneer
of legitimacy, Abu Layth has dropped the names of several Islamic scholars who apparently
support this view. Many of these names should not be assumed to actually hold this belief as
Abu Layth carefully does not actually say that they did, he only says that they “problematized” it
– the it being some specific aspect of the whole discussion. One name, however, he clearly does
state does hold this heretical belief is Shaykh Mahmud Shaltut of Al-Azhar University. However,
as recorded by Shaykh Ramadan al-Buti in his book, Shaykh Shaltut in later life bitterly regretted
denying the return of „Isa  and retracted his opinion in front of other scholars (see Al-Buti‟s
Kubra al-Yaqiniyat al-Kawniyyah, p. 331). In light of this, and in addition to his concocting a hadith
to say „Isa  will force Islam at the point of a sword, Abu Layth cease to be a reliable source for
taking knowledge of the faith.
32
Someone who indicates he seeks a serious relationship, but actually intends to exploit his
victims‟ vulnerability.
33
Al-Bukhari, Muhammad, Sahih al-Bukhari, Hadith no. 5590, pg. 992, Dar al-Salam, 1999.
34
Al-Mawardi, Abul-Hasa, Al-Hawi al-Kabir, vol. 9 pg. 244, Darul Kutub al-Ilmiyya, 1994.
9
 For one thousand four hundred years, no Islamic scholar has extended the
legal concept of Milk al-Yameen to free Muslim women, as will become clear
in the coming sections.
 Assuming a free Muslim woman could become a Milk al-Yameen, the next
question is if she feels this life is not for her then how does she get out of it
when the buzz wears off? Now, remember that this is not a Nikah that she
could seek Khula? The sad truth is that there is no way out whatsoever
unless her malik/owner does not free her – which bear in mind he has no
interest to do.

The Dictionary
What does the phrase Milk al-Yameen actually mean? Does it stand for a mere
change in a free woman‟s intention – i.e. her deciding one day; yes, I want to be a
Milk al-Yameen of Zayd. In fact, this meaning is absolutely alien to this phrase. Here
are two citations from major reference works that prove this:
1. Al-Zabidi‟s major lexicon Taj al-Uroos states under the phrase Milk al-
Yameen:
‫يقال هو ملك اليمين للرقيق و هو مجاز‬
“It is said: He is Milk al-Yameen in relation to the slave (raqeeq). This is a
metaphorical usage.”35

2. In his reference work on semantics, the linguist Abu Hilal informs us of the
difference between property (Milk) and Slaveship (Milk al-Yameen):
‫ملك اليمين متى أطلق علم منه األمة و العبد المملوكان و ال يطلق على غير ذالك‬

“Milk al-Yameen, when spoken it is for the owned male or female slave. It is
not employed for anything other than that.”36

That was the verdict of the Arabic language. Furthermore, wherever in the Qur‟an
and Hadith Milk al-Yameen is mentioned, it is ONLY in relation to slaves, never in
relation to a free Muslim woman deciding this status for herself. Islam actually
came to curb and reduce slavery. Its teachings all indicate this. The only avenue it
tolerated for the creation of a slave was a war undertaken by a government. In that
age enslaving the defeated enemy was normal practice for all nations. Islam
humanised this and radically checked it throughout its history.37

35
Al-Zabidi, Muhammad, Taj al-Uroos, vol. 16.pg. 312, al-Turath al-Arabi, 2001.
36
Al-Askari, Abu Hilal, Al-Furooq al-Lughawiyya, p. 188, Dar al-Ilm wal-Thiqafa, 1997.
37
Al-Muti`ee, Muhammad Najeeb (Editor), Nawawi‟s Kitab al-Majmoo`, vol. 16, pg. 374, Dar ihya
Turath al-Arabi. The only other way a slave was a slave was because individuals had that legal
status from before.
10
From the above explanation, it becomes clear that the only usage of Milk al-Yameen
known to Muslims for 1400 years is restricted to enforced slavery. So Imran
Hosein has effectively arbitrarily added a new meaning to an old phrase. If this was
to be permitted it would be a dangerous precedent. It would lead to all the
established orders, beliefs and rites of Islam being changed in accordance to one‟s
personal preference. Establish Salah could mean establish God‟s remembrance in
your heart; Zina could mean sexual intercourse that is not accompanied with true
love and so on.
Violation of Hadith
It is not merely the Arabic language that is under assault here. This understanding
directly conflicts with the Hadith of the Messenger of Allah :

“There are three such people from whom Allah will never accept their
prayers.[1] The one who leads a congregation in prayer even though they
dislike him.[2] The one who comes to a prayer after it finished and [3] the
man who made a slave of a free person.” [Sunan Abu Daud, Hadith no. 591, p. 97]
The Famous Sunni Schools of Islamic Law
The Four Islamic schools of law are agreed that there is no such thing as voluntary
Slaveship. For virtually all of history Islamic scholars (backed by universal Muslim
practise) have never explained or understood this manner of creating male-female
relations through Milk al-Yameen. Here are the legal passages that categorically
outlaw the very notion.

The Hanafi School

Nataij al-Afkar explicitly negates the possibility of voluntary Slavery/Milk al-yameen:

‫ ومن ذلك ال يجوز استرقاق الحر ولو رضي بذلك‬،‫العتق حق اهلل تعالى فال يقدر أحد على إبطاله إال بحكم الشرع فال يجوز إبطال هذا الحق‬

“Liberation is the right of Allah Almighty, therefore no one has the right to
nullify it except where the Sharia has given a ruling for that. So it is not
permitted to negate this right. Based on this, it will not be permitted to
enslave a free person even if that person was agreeable.”38

The Hanafi Imam Fakhr al-Din al-Zaylai` writes in the commentary of Kanz al-
Daqaiq: ‫و ال استرقاق على المسلم ابتداء‬

“It is not possible to enslave a Muslim from the very outset [and thus make
him/her into a Milk al-Yameen]”.39

38
Afandi, Qazizada, Nataij al-Afkar, vol. 8 pg. 281, Darul Kutub Ilmiyya, 2009.
39
Az-Zaylai, Fakhr al-Din, Tabyeen al-Haqaiq, vol. 3 pg. 344, Darul Kutub Ilmiyya, 2000.
11
The Shafi‟ School
Imam Ibn Hajr al-Haytami writes in the famous legal work Tuhfatul Minhaj bi-Sharh
al-Minhaj:

‫اجمعوا على ان الحر المسلم ال يسبى و اليسترق‬

“The Ulama had a consensus that the free Muslim is not enslaved [= is
made into Milk al-Yameen].”40

The Maliki School

Imam Muhammad Al-Kharshi states in Sharh Mukhtasar Khalil:

‫االصل في الناس الحرية و انما طرأ لهم الرق من جهة السبي بشرط الكفر و االصل عدم السبي‬

“The basic state for humankind is freedom. The state of slavery only applies
to them through [war-time] enslavement – (al-sabee)41 on the condition of
disbelief. But the basic principle is not to take people as slaves….42

The Hanbali School

Ibn Qudama‟s famous work al-Mughni mentions:

‫االصل في اآلدميين الحرية فان اهلل تعالى خلق آدم و ذريته احراراً و انما الرق لعارض فاذا لم يعلم ذالك العارض فله حكم االصل‬

“The basic state of humans is freedom, for Allah Most High created Adam
and his progeny free. Slavery only became established due to an external
exigency. When that is not known then the human will remain on the ruling
of that basic state.”43

40
Al-Haytami, Shihab al-Din, Tuhfatul Minhaj bi-Sharh al-Minhaj, Juzz 9 p. 249.
41
Obviously, the slavery referred to in these texts belongs to the age when slavery was common
practise and international agreements did not exist to outlaw it. In the modern age, in view of
these changes, even war-time slavery has ceased to be permissible according to Islamic law.
42
Al-Kharshi, Muhammad Ibn Abdullah, Sharh Mukhtasar Khalil, Vol. 7 pg. 155, 1317 Hijri.
43
Ibn Qudama, Al-Mughni, vol. 7 pg. 448, Dar al-Kutub al-Ilmiyya, 2009.
12
Section 3: A Guide To True Guidance
With such dangers running riot in our midst, it will be helpful to have a simple
checklist to enable the believer to avoid these deceptive attacks on his Iman. The
following three criteria can help to assess the worthiness of any scholar in the
community.

[1] Follow Scholars Affiliated To A Group Of Scholars [√]

The Prophet  said: “Allah will not unite my community upon misguidance.
The hand of Allah is with the group. Whoever deviates does so into the
Hellfire.”44

Just as we would never go to a “Doctor” for treatment who is not recognised by a


greater umbrella body, we should also stay away from individuals who seem to be
operating by themselves. Such individuals are prone to come out with weird and
wacky opinions about Islam. However, there is nothing new to be discovered in
Islam. In every age and country the scholars of Islam have taught the same basic
beliefs and laws. Even today, there are Sunni Ulama institutes in Morocco, Mauritania,
Egypt, Syria, Yemen, Arabia, Iraq and the Indian Subcontinent. They all frown upon
those who promote strange opinions. These Ulama (who span the Sunni spectrum)
unreservedly caution Muslims against listening to such individuals, as their opinions
are genuinely heretical.
These Sunni scholars are not being narrow-minded or rigid. For they embrace
differences of opinion when they are legitimate as in the case of the differences of the
four Imams or the Maturidiyya and Ashai’ra. Anyone who has sat with them or visited
their institutes knows this. For instance, the Shafi` scholars of Tarim in Yemen only
praise and recommend the Islamic scholarship of the Hanafis of the Indian
subcontinent and vice versa. The reason for this is that the differences in opinion that
exist between them are minor and emanate from the undisputed scholastic excellence
of senior Sunni Imams (see point three below). In the case of the lone-operator
neither are his differences minor and nor can it be said that it is scholastic excellence
that has led him to his position.

[2] Seek Out Sacred Knowledge That Is Backed By A Chain [√]

It is also a salient feature of true Islamic scholars that they all learnt their knowledge
through years of sitting at the feet of other major scholars. Likewise, their teachers
learnt their knowledge in the same way from their teachers before them. Remarkably,
this very special way of direct learning continues all the way back (in an unbroken

44
Al-Tirmidhi, Abu „Isa, Jami al-Tirmidhi, Hadith no. 217, pg. 545, Dar Ihya al-Turath al-„Arabi,
2000.
13
chain) to the time when the student is a Sahabi and the teacher is the noble Messenger
. It is like a pipe line of guidance that stretches back, through the ages, to the heart
of guidance: The Messenger of Allah . This is what is meant by the statement of the
Ulama that Islam is not merely knowledge found in books. There is also a profound
spiritual exchange taking place from the teacher‟s heart to the heart of his students.
Who could be more fortunate than that student who is connected to the Messenger of
Allah  himself in this noble way. The same spiritual benefit is not obtained by
merely studying printed words on paper. One should strive to find these scholars and
connect oneself to this blessed tradition.

[3] Adherent of One of The Four Sunni Schools [√]

It was from the divine plan that very early on in Islamic history, the means for the
preservation of this great religion came into being. The four Imams (Imams Abu
Hanifa, Shafi‟, Malik, Ahmad Ibn Hanbal)45 expended themselves to provide the
Umma with a holistic and highly refined methodology in understanding the texts of
the faith (the Holy Qur‟an and Sunna). Thus all subsequent generations followed
them in practising the religion. Their solid position in the Muslim Umma is not
hidden from anyone who is aware of Islamic history. Because of their incredible
sophistication, virtually all Muslims scholars and pious individuals followed a school
from one of these four schools. That formula for success needs to be revived today.
Here are a selection of passages from leading Islamic authorities that establish the
truth of this claim:

 Imam Jalal al-Din al-Suyuti, the brilliant scholar of many sciences, writes:
“The difference found in the Four schools of Islamic law (Hanafi, Shafi,
Maliki and Hanbali) in this Umma is a huge blessing and an enormous
virtue. It has a subtle hidden wisdom the intelligent are able to grasp,
but the ignorant are blind of. I have even heard some of them say: „The
Prophet came with one law, so where did the Four schools (Madhahib)
come from?‟ ”.46

 Imam Abd al-Wahhab al-Sha‟rani, an undisputed authority in the Shafi‟ school


writes in Al-Mizan al-Kubra:
“…You (O student) have no excuse left for not following (taqlid) any
Madhab you wish from the schools of the four Imams, for they are all
paths to Heaven….”47

45
There were other experts (mujtahid) one could name, but their schools and methodologies died
out and thus can no longer be authoritatively followed.
46
Al-Suyuti, Jalal al-Din, Jazeel al-Mawahib, pg. 4.
47
Al-Sharani, Abd al-Wahhab, Mizan al-Kubra, vol. 1 pg.55 vol.
14
 In Tuhfa al-Muhtaj fi Sharh al-Minhaj, Shaikh al-Islam Ahmad Ibn Hajr al-
Haytami writes:
“The claim the layman has no Madhab is rejected, rather it is necessary
(yalzamuhu) for him to do taqlid of a recognised school. (As for the
claim: scholars did not obligate following one school), that was before
the codification of the schools and their establishment.”48

 Imam Ibn Rajab al-Hanbali wrote in his famous treatise, A Refutation Of Those
Follow Other Than The Four Schools:
“As for all other people who have not reached this level of ijtihad
(independent deducting of rulings from texts), it is not permitted (laa
yasau„hum) for them except to follow (taqlid) these four Imams and to
submit to that which the rest of the Umma (Muslim world) submitted.49

 In the well-known Maliki text Maraqi al-Saud, it is stated:


“(Taqlīd) is necessary for other than the one who has achieved the rank
of absolute ijtihad. Even if he is limited (mujtahid) who is unable (to
perform absolute Ijtihad).”50 He writes further on: “Every school from the
schools of the (four) Mujtahids is a means that reaches one to Paradise.”
Arabia too was a place where all four schools flourished. Even today in the region of
Ahsa these schools are still present. It is also a fact that if you go back 200 years ago
there simply were no individuals who today are known as “Salafis” (non-madhabists).
Proof of this is in the following words of the son of Muhammad Ibn Abdul Wahhab.
The Hanbali scholars of Arabia, worried at the growth of the new non-Madhabist
Wahhabi movement, asked its leaders to clarify whether their movement followed the
way of the Ahl-us-Sunna. The following is part of the reply given by the son of
Muhammad Ibn Abdul Wahhab:
“We too, in the rulings of the Din, follow the school of Imam Ahmad…we will
only force the deviant groups (like Rafidhis, Zaydis and Imamiyyah) to follow
one of the four Imams”.51

‫الرافضة و الزيدية و اإلمامية و نحوهم و ال نقرهم على شيء من مذاهبهم الفاسدة بل نجبرهم‬...‫نحن أيضا في الفروع على مذهب اإلمام أحمد‬
‫على تقليد أحد األئمة االربعة‬
The comprehensive transmission of sacred knowledge undertaken by the scholars of
the four schools continues to ensure that unqualified individuals and dangerous ideas
cannot gain a foothold in the Muslim community under the guise of piety and
religion. By adhering to the above checklist a person will be saved from the many
dubious and dangerous figures and organisations who speak in the name of this great
religion in these days. Wa ma ‘alayna illal-balagh

48
Al-Haytami, Ahmad, Tuhfat al-Minhaj, Vol.12 p.491, Kitab al-Zakah.
49
Al-Hanbali, Ibn Rajab, Majmoo‘ al-Rasail Ibn Rajab, vol.2 p. 626.
50
Ibrahim, Abdullah, Maraqi al-Sa‘ud, Point 957, p.39.
51
From al-Durar al-Saniyya, vol.1 pg. 227 (as recorded in Shaikh Mustafa Hamdu `Ilyan‟s As-
Saadaatu al-Hanabila wa Ikhtilafuhum ma’l al-Salafiyyah al-Mua’sira, pg. 160, Dar al-Nur, 2017.
15

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