Hazrat Mufti Sahib damatbarakatuhum,
1. As we know that talking to non mehrams is Haram, but today alot of us do it in the pretext of Islam. We start talking to non-mehram women we find on the internet like facebook and start talking to those women. And we give like false justifications (atleast me) that we’re doing it for Islam. I also started talking to this woman, i told her about Islam, how do get near to Allah and azkar and all that, but in the end, as advised by our Mashayik and akabir, i went into fitnah and began talking about other things. But Allah saved me in time Alhamdulillah and I stopped contact with that woman. But that woman says that you have helped me so much, you have helped my become closer to Allah and ive gained so much from you. She wants to continue, ive told her this chatting is Haram, she accepts it but she says the same. So what is your opinion regarding this? What should be done?
2. Hazrat, the second question is that today in our times as stated by alot of our fuqaha, we dont have any muftis, we just have Naqils. Who just copy the rajih ruling from our school of thought and tell the mustafti the ruling. According to the fuqaha rahimahullah, tarjeeh is also not allowed nowadays. Only naql. We can find many texts supporting this fact, that tarjeeh is not allowed. So my question is that Hazrat Hakeem ul Ummah rahimahullah (as ive heard) gave fatwa on the mazhab of malikia on the ruling of the woman whose husband is lost. He said she will have to wait for 4 years. Ahnaf say i think 99 years. So my question is that if even tarjeeh is not allowed inside one mazhab then how can one go to the other mazhab? Do we have any texts supporting this? Jazak Allah Khair
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
1. We advise that you adhere to the teachings of the Mashāikh and Akābir and cease communication with this woman. Our Mashāikh and Akābir are blessed with wisdom, foresight and experience. Therefore, their advices should be appreciated and respected.
It is the nature of man that he learns from his mistakes. In the past, you had fallen into Fitnah through chatting; surely you do not desire the same this time. Rasulullāh (Sallallāhu alayhi wa sallam) has stated in a Hadīth that a believer is never bitten from the same hole twice. In other words, he does not repeat his mistakes.
(Sunan Abi Dāwūd)
Therefore, terminate your relationship with her. Shaytān will whisper thoughts that apparently seem convincing and positive, but in reality these thoughts are evil. You would probably feel that it is your responsibility to educate her etc and ceasing communication will mean you are shirking in your responsibility. Surely, you are responsible in educating her. However, the method adopted is incorrect. It is illogical to adopt a Harām methodology (chatting) in fulfilling your pious intention. You should rather arrange an Aalima (female Scholar) or refer her to some Islāmic organisation that will assist her; otherwise there are many Scholars that answer queries over the internet etc. She could simply forward her queries to them and it will be answered. Do not jeopardise your Imān. There are alternatives, consider them.
2. Your understanding is correct. The Muftis cannot decide a Rājih view. They have to follow that which the Fuqahā consider Rājih. Similarly, they cannot simply take the ruling of another Mazhhab. This is the general principle in issuing Fatāwa.
There are other intricate principles and laws on this issue that are beyond the capacity of non Muftis. However, it will suffice to say here that there are texts supporting the Fatwā of Hakīmul Ummah (Rahimahullāh). His Fatwā was endorsed by many senior Mufti’s and unanimously accepted. The principles governing his Fatwā can be read from:
1. Al-Mazhhab al-Hanafi, vol 1, pg 272, Maktaba Al-Rushd)
2. Muqaddama of Al-Hīla al-Nājiza
And Allah knows best
Wassalamu Alaikum
Ml. Talha Desai,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah