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Is not a mustanad alim. He delivered a lecture and during his lecture he made many statements. He did not refer to any other alim’s fatwa but went on describing these issues

Answered as per Hanafi Fiqh by Askimam.org

There is a person who is not a mustanad alim. He delivered a lecture and during his lecture he made many statements. He did not refer to any other alim’s fatwa but went on describing these issues by himself from the Qur`an and Sunnah. Some of the statements are as follows:

 
(1) In hospitals, women nurses cannot work if there are male patients.
(2) Referring to a dead person in dua is shirk.
(3) If sovereignty is to anyone other than Allah, it is shirk.
(4) Standing to the National Anthem is wrong.
(5) Not following Allah’s orders for the benefit of nation is shirk.
(6) Intentionally commiting a sin is shirk.
(7) Materialism is a kind of shirk.
(8) Jihad-e-Kashmir is not Jihad fi Sabeelillah but it is jaiz and is Jihad fi Sabeel-e-Hurriyat (i.e. Jihad in the path of Independance).
Can we call these statements as HIS FATAAWA? One person said to me that FATAWA is a ruling given by a mufti and since he is not a mufti and therefore these statements cannot be referred to as FATAAWA. I want to make him clarify that these statements are FATAAWA and he is doing the job of  a mufti while he is not qualified for this. The question is Can we call these statements as HIS FATAAWA?
 
Allah Hafiz

Answer

At the outset, it is incorrect for a community to permit a non-Mustanad (uncertified and unqualified) Aalim to pronounce on issues of Shari’ah. Even if the person’s ‘decrees’ are coincidentally correct, then too he has erred as he spoke without knowledge. Rasulullah [sallallaahu alayhi wasallam] said, ‘That person who spoke about the Qur’aan without knowledge and he stated the correct ruling, then too he has erred.’ In another narration, such a person has been warned to prepare his place in the fire.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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