Home » Hanafi Fiqh » Askimam.org » She says: men (and women) do NOT have to pray Taraweh, it is acceptable to donate organs, pay fidya instead of fasting etc. Also she says adhaan and is imaam at salaat …advise?

She says: men (and women) do NOT have to pray Taraweh, it is acceptable to donate organs, pay fidya instead of fasting etc. Also she says adhaan and is imaam at salaat …advise?

Answered as per Hanafi Fiqh by Askimam.org

What can we do? Here in LA area, Sr Maha, is an “Islamic scholar and teacher” to women, young girls & boys. However a few feel she is teaching incorrectly. She says: men (and women) do NOT have to pray Taraweh, it is acceptable to donate organs, pay fidya instead of fasting etc. Also she says adhaan and is imaam at salaat. She is Shaafi, teaching Hanafis. everyone says that’s the difference. As she is a very charismatic and forceful speaker, everyone follows whatever she says, like sheep, without question. Is there any way to keep a check on Islamic teachers? Could these type of classes be discouraged, as they are held in the mosque?

Answer

You have stated that sister Maha teaches and propagates the following:
1. Men and women do not have to pray Taraweeh
2. It is acceptable to donate organs
3. Pay Fidya instead of fasting
4. She calls out the Adhaan and performs Salaat
5. She teaches Hanafis.

At the outset, we wish to point out that our answer should be viewed in an
academic light and not as discriminatory against females. According to the
Shari’ah, a female may be an Aalimah (learned) and be a Muallimah (teacher).
That, in fact, is encouraged. The womenfold of the household of Rasulullah
[sallallaahu alayhi wasallam] were well versed in Shari’ah and they
disseminated their knowledge to the Ummah. However, according to the
information provided by you, it appears that Sister Maha is not an Aalimah.
She lacks sound and authentic knowledge in Shari’ah.

Any person who possesses sound Ilm-e-Deen would bear testimony to this.
Sister Maha claims that men and women do not have to perform Taraweeh
Salaat. Such a view is incorrect. According to the Shari’ah, Taraweeh is
Sunnat-e-Muakkadah. (Nurul Iedhaah pg.97; Qadeemi) This ruling is for both
males and females (Ibid). The Shari’ah basis for the ruling for the ruling
is Ijmaa of the Sahaaba [radhiallaahu anhum] at the time of Umar
[radhiallaahu anhu] which is a Daleel-e-Qat’ee. (Raddul Muhtaar pg.43;
Qadeemi) In fact, the denial of Taraweeh being Sunnah and for women as well
was the belief of the Rawaafidh (Shi’as) (Ibid)

The above information is well known even by out second year students
studying the first syllabus on Fiqh. To carry out a Sunnat-e-Muakkadah act
is compulsory. If one discards such an act, it will be a sin. Besides Sister
Maha’s view being incorrect, she lacks insight in the spirit and purpose of
Shari’ah. There are innumerable Ahadith presenting Taraweeh in an imperative
sense. Yet Sister Maha presents it otherwise. In these times of comfort and
laxity who won’t take advantage of her approach. The general masses do not
know the technicalities of the Shari’ah. They just need one ‘view’ to
support their laxity. Sister Maha has provided this for some people who have
irresponsibly followed her. Any person having little insight in Hadith will
know that even 20 Rakaats Taraweeh is even proven at the time of Rasulullah
[sallallahu alayhi wasallam]. (Musannaf ibn Abi Shaybah). The claim of
weakness in the chain of narrators is eradicated through tht subsequent
Ijmaa. It will be interesting to know on what basis does Sister Maha believe
in the Khilaafat of Abu Bakr al-Siddique [radhiallaahu anhu]?

Kindly forward her response to me.

Kindly elaborate on Sister Maha’s views on organ transplant in order for us
to respond appropriately.

The paying of Fidya instead of fasting is only for an old person and sickly
person who is unable to fast and also make Qadha of the missed fast in the
future. I do not believe that any person claiming to be a scholar and
teaches would have a general view of giving Fidya instead of fasting. How
would one of them reconcile between the many verses expressing the
obligations of fasting. If Sister Maha hold such a view, her Aqeedah will be
called to question, like in the case of her view on Taraweeh not being
Sunnah.

You state Sister Maha calls out the Adhaan. That is not permissible. It is
resented for a female to call out the Adhaan. (Nurul Iedhaah pg.58;
Qadeemi). This is further substantiated by the Athaar of Hadhrat ibn Umar
and Hadhrat Anas [radhiallaahu anhum]. (Durr-e-Mukhtar pg.484; Qadeemi).

The same ruling is for her Imaamat as well. It is clear from the above that
Sister Maha is not an Aalimah and she should not be permissible to conduct
her classes in the mosque. People must be careful in their sources of Ilm.
It is true that people are full of emotions and fall for the charisma and
forceful speech of some person irrespective of the person’s qualifications
in Deen. That is indeed a very serious error. Hasan al-Basri (RA) advised,
‘Verily, this Ilm is Deen. See from who you take your Deen.’ (Mishkaat)

We urge the Muslims of the LA area to guard themselves against Sister Maha
and the like. The trustees of the mosque where she conducts her lessons
should restrict her from conducting lessons there. They should ensure that
only a reliable Aalim of Deen disseminates Ilm-e-Deen to their congregation.
If people are misguided because of Sister Maha, they will be responsible and
sinful for that.

Our answer is based on the information provided. If Sister Maha’s views are
different or she firmly believes in what is said about her, I invite her to
an open academic correspondence.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

Original Source Link

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

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