THE FATWA OF A'LA HAZRAT (RADI ALLAHU ANHU) ON FEMALE MUREEDS AND THE SHEIKH OR PEER-O-MURSHID (A translation of Mas'ala no. 90 on page 181 of Ahkaam-e-Shariat)
What advice would the respected Ulema (Ulema-e-Kiraam) issue regarding the following matter:
1. Is there a necessity (for women) to maintain purdah (veil) in the presence of the Peer-o-Murshid?
2. A certain Peer-o-Murshid convenes an assembly of unveiled female mureeds in a circle and seats himself in the centre. He then focuses his gaze and attention on the women in such a manner that some of the women either swoon and faint, or jump and fly into passion screaming, whilst their screams can be heard in the distance well beyond the walls of the house that they occupy. Is it proper to maintain such an oath of allegiance (or Bai'at)?
Answer/ Al Jawaab:
1. It is Waajib (obligatory) (for women) to maintain purdah (veil) in the presence of the Peer-o-Murshid if the Peer-o-Murshid is not a Mahram.
2. The circumstances (as described above) is absolutely against the Shariat and against (Islamic) moral principles. One should not have an oath of allegiance (Bai'at) with such a Peer-o-Murshid.
Wallahu Tha'ala A'alum
A'LA HAZRAT (RADI ALLAHU ANHU) ON THE VISITING OF MAZAARAAT-E-AULIYA (A Translation of Mas'ala No. 169 on Page 212 Volume 4 of Fatawa Razvia)
Sent by Hafiz Abdur Rahman Rafoogar on 28 Muharram 1332 A.H. from Muhalla Ahaatha Rohilla, Thana Bahloo Poora in Banaras. "My question directed at your office, Oh! Hazrat, is that whilst visiting the Mazaaraat of the Auliya-e-Kiraam, what should be the method of reading Fateha, and what items (Ayaats of the Quraan) ougth to be recited in this Fateha?"
Al Jawaab (The Answer):-
Allah in the Name of, the Compassionate The Merciful. Praise be to Allah and Salutations upon the gracious Prophet (sallal laahu alaihi wasallam). My dear Hafiz Saheb, Peace be upon You!
When one enters the Holy Shrines (Mazaaraat of Auliya-e-Kiraam) one should do so from the foot end (i.e. the feet side of the Wali), and as far as possible one should maintain one's presence at a distance of four hand lengths (from the foot end). Thereafter, in a moderate voice, one should announce Salaams in the following way:- "As Salaamu Alaikum! Ya Sayyidi ! Wa Rahmatullahi Wa barakaatuhu." Then, the following should be recited:-
(1) Durood-e-Ghausia - 3 Times; (2) Sura Fateha - Once; (3) Ayatul Kursi - Once; (4) Sura Ikhlaas - 7 times; (5) Durood Ghausia - 7 times
If time permits, Surah Yaseen and Surah Mulk may also be recited before supplication (making Dua) to Almighty Allah in the following manner, "Oh! Allah! In lieu of what I have just recited, grant me that volume of reward (Sawaab) which is worthy of Your generosity, and not that amount which is worth of my actions, and deliver from me to Your chosen servant (i.e. The Wali in whose Mazaar one is present) the every same reward."
Thereafter, one should supplicate (make Dua) to Almighty Allah for any request which is permissible by Shariat, by pleading with Almighty Allah that He grants acceptance of the Dua with the mediation (Waseela) of the Holy Soul of the Wali. In the same manner as before, one should announce the Salaam and return.
THE FATAWA OF A'LA HAZRAT, IMAM-E-AHLE SUNNAT, IMAM AHMED RAZA KHAN AL-QADERI (RADI ALLAHU ANHU) ON THE FREQUENCY AND PURPOSE OF THE RETURN OF THE DEARLY DEPARTED MUSLIM SOULS TO THEIR LATE RESIDENCE (An English Translation of the Mas'alah number 204 from Fatawa Razvia, Vol. 4, page 231)
What guidance do the Ulema-e-Deen and those pious people who adhere steadfastly on the Divine Laws of Islam have to offer in the following matter regarding death and departure of the soul:
1. Does the soul of a Muslim return to visit his late residence?
2. Does his soul request or desire Sawaab (Esaale Sawaab) in the form of tilawat of the Quran in his memory by his relatives; or the giving of alms/charity in his name or memory by relatives; or the feeding or the monetary assistance of the needy in his memory by relatives?
3. On which specific days does the soul of the deceased Muslim visit his late residence?
It has been established by Imam Ajal Abdullah bin Mubarak and Abu Bakr, and Abi Shaibah; and by the Ustad of Bukhari and Muslim, Hazrat Abdullah bin Amru bin Aas (ridwaanullahi Ta'ala anhum ajma'in); and Imam Ahmed in his Musnad; and Tibrani in his Muajjam Kabeer; and Hakim in his Sahih Mustadrak; and Abu Naeem in Haliya, on truly certified authority, that the exalted narration by Rasoolullah (sallal laahu alaihi wasallam) states that: "Verily the world is a paradise for the Kaafir and a prison for the Mu'min (believer). When the soul of the Mu'min leaves his body (i.e. when he dies), his soul can be likened to a person who has just been released from prison and who strolls about visiting places at leisure on the earth."
Abu Bakr in his narration states that: "When a Muslim dies, the way is cleared for him to go wherever he pleases."
Ibn Abi Dunya, Baihaqi and Saeed bin Musaib (ridwaanullahi Ta'ala anhum ajma'in) have narrated that Hazrat Salman Farsi (radi Allahu anhu) and Hazrat Abdullah bin Salaam (radi Allahu anhu) once met and while talking to one another, one said to the other, "If you die before I do, then please ... let me know what befell you in the Hereafter?"
Hearing this the other asked, "Do the living and the dead ever meet?"
To this, the one replied, "O yes! The souls of the Muslims abide in Jannah! They may visit whichever place they choose to visit."
Ibn-e-Mubarak in Kitaab us Zohd, and Abu Bakr, Ibn-e-Abi Dunya and Ibn-e-Mundah (ridwaanullahi Ta'ala anhum ajma'in) state that, "Verily the souls of the Muslims are in the state of suspension between the heaven and the earth. They may visit whichever place they wish to. And the souls of the Kuffar are confined to a valley of Hell."
Ibn-e-Dunya stated that Imam Maalik (rahmatullahi alaih) narrated that, "I have received a Hadith saying that the souls of the Muslims are free to visit whichever place they desire."
Imam Abu Omar has stated, according to Imam Jalaluddeen Sayuti in Sharha Sadoor, that: "It is superior that the souls of the martyrs are stationed in Jannah, whereas the souls of the Muslims are confined to their place of abode after death. They go wherever they please to."
Allama Munadi states that the third commentary of Jaame Sagheer that, "Without doubt, when the soul departs from the framework of the body, and is freed from imprisonment after death, it wanders about to visit whichever place it wishes to."
It is stated in Khazaanat-ul-Riwaayat, some Ulema and researchers have narrated that, "When the souls (of the departed Muslims) are freed on the night of Jumma (at nightfall on Thursday), they spread out (on the earth). First they come to their place of burial (their grave) and then they visit their residences (their homes)."
It is stated in the Kitab, Dasturool Qaza, by Imam Nasafi that "Verily the souls of the departed Muslims visit their homes every Friday (Thursday nightfall), and whilst standing at the doorside they call out in a pitiful voice, "O! people of my household! O! My children! O! My respected ones! Do give charity on my behalf. Remember me! Forget me not! Do have mercy on me over my poor state."
It is also stated in Khazaanat-ul-Riwaayat that Hazrat Ibn Abbas (radi Allahu anhu) narrated that, "When the days of Eid, Jumma and Shabbe Baraat appear, the departed souls (of Muslims) come and stand at the doors of their homesteads and cry out, 'Is there anyone here that thinks of me? Is there anyone here that will have mercy on me? Is there anyone here that thinks of my poor state (in the Hereafter)?'"
A'LA HAZRAT ON THE SIGHTING OF THE MOON (A Translation of Fatwa number 157 on pages 546/ 547 of Volume 4 of Fatawa Razvia)
25 Muharramul Haraam 1320 A.H., Question sent by Nawaab Sayed Mu'eenuddeen Hassan Khan Bahadur from Baadah Nawaab Sahib, Barodah, Gujerat.
How do the Ulema of Deen advise that the confirmation of the sighting of the (new) moon be done in accordance with Shariat? Include with your answer Urdu translations of authentic references from the Kitaabs (of Fiqh).
There are seven ways of establishing the sighting of the new moon according to Shariat.
(Acceptance of) The testimony of the person who witnessed the sighting of the new moon himself.
It is sufficient for only one person to confirm the sighting of the new moon for Ramadaan Mubarak, provided that he is a sensible, mature (adult) person who is not impious (not in the habit of transgressing the Laws of Shariat), and if such a person alone declares that, "I have witnessed the appearance of the new moon for this Ramadaan Mubarak on the evening of such and such date", then his testimony is acceptable. Even if the person is a slave girl; or even if it is a person whose background is not well known, and whose internal sense of righteousness is unknown but whose external state conforms with the acceptable norms of Shariat; even if such a person does not testify before a panel of judges (MUJLIS-E-QAZA); even if the person does not declare that, "I testify..."; even if he does not narrate the circumstances of the appearance of the moon in relation to wherefrom he saw it, where the moon appeared or how high above the horizon it appeared, etc. (the sighting will still be valid). This applies to the sighting of the moon on the 29th of Shabaan in unclear skies due to the appearance of clouds or dust (due to a sandstorm).
In the case of clear skies, the submission (of the sighting of the moon for Ramadaan) by even one person living in the jungle, in a house located at a high point (mountainside) would be sufficient. However, it must be ascertained whether a large number of Muslims living in these areas are inclined towards seeking the appearance of the new moon regularly, or whether they are (in fact) indisposed to such activity and show no interest at all.
In a situation where no interest is shown (by the Muslims to regularly sight the moon), it would be necessary for TWO people (to establish the sighting of the moon) even if their backgrounds are not known. Otherwise, a large group of people (JAMAAT-E-AZEEM) would be required to witness and confirm without doubt the appearance of the moon, even if the (JAMAAT) group consists of slaves and impious people. And if the group of people (witnessing the appearance of the moon) continues to increase in size to such an extent that the intelligence (of a person) finds it absurd to accept the confirmation (of the sighting of the moon) by so many people as false, then such confirmation will become acceptable to both Muslims and non-Muslims.
FOR THE BALANCE OF THE ELEVEN MONTHS, it is absolutely necessary at all times for two males of righteous character; or one male and two females (all) of righteous character; who should all be free people (not slaves), but whose external and internal state has been established (as good), and conforms with the requirements of Shariat, to appear before a Shariat Judge (QAZI-E-SHARA) and testify with the words, "I bear witness (ASH-HADU) that I had seen the appearance of the (new) moon for this month on the evening of such and such day, at such and such time."
In those places which do not have a Shariat Judge (QAZI-E-SHARA), then the declaration of witnessing shall be made before the most learned Mufti-e-Islam with the knowledge of FIQH, residing in the town. And in those places where a neither a Shariat Judge (QAZI) nor a MUFTI can be found, in the presence of the Muslims (of that place) the declaration of witnessing with the words, "I bear witness (ASH-HADU) ..." by the two righteous males or one righteous male and two righteous females shall suffice. This is the method always prescribed for (confirmation of witnessing the appearance of) the new moon for these 11 months (excluding Ramadaan).
However, for the EIDAIN, if the skies are clear and the Muslims (of the area) are not indisposed to seeking the appearance of the new moon (i.e. they are always in the habit of looking for the new moon); and if two people living in the jungle or (in a house) on a high point have not come forward (to confirm witnessing), then in such a case it would be necessary again for a large group of people (JAMAAT-E-AZEEM) to witness and confirm the appearance of the moon.
Similarly, where all the Muslims of an area, organise and supervise the regular sightings of the NEW MOON FOR MUHARRAM, for example; and during conditions with clear skies people living in the jungle or (in a house) on a high point do not come forth (to confirm witnessing of the moon), then in such a case, again, a large group of people (JAMAAT-E-AZEEM) would be required (to confirm the moon sighting for that community) in the same manner as was applicable to confirm (the moon sighting) for Ramadaan and Eidain as described earlier. (Reference: DURR–E-MUKHTAR)
Note: Only first method discussed