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Posted By Topic: The Emperor: His erroneous Fiqh conclusions.

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10-30-2002 @ 12:00 AM    Notify Admin about this post
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In many schools around the world the management and control of children is always a tedious one and the Muslim schools are no different.

But in Madrasatu Ahlus Sunnah, Aboo Muslimah brings a new(ly invented) twist to student crowd control.

  • Because some of the boys play basketball or whatever up until the time of the iqaamah, thus delaying and  tying up general programming function of the school Aboo Muslimah had instructed the principal of the school to have the children perform their Salaatudh Dhuhr without being in a state of wudoo, then perform the prayer again at the time of Salaatul Asr at the end of the school day!

    When confronted for an evidence for this he retorted throwing his hands up in the air that he had none!

  • Some years ago, he was at the Germantown Masjid Philadelphia and the time of salaah entered, the brothers asked him to lead the salaah. He refused saying that there was a hadeeth in the Sunan of Aboo Daawood that states that the traveler (in this case him) could not lead the resident (in this case the brothers from Philly)in prayer. Later on, one of the brothers who happened to have been there, who was the noble brother Abool Hasan Maalik Al-Akhdar said while in Yemen at Shaikh Muqbil?s camp he learned
    that the hadeeth Aboo Muslimah was using concerned a man leading someone in his own house without his permission!

  • On many occasions the people who follow their own desires will utilize weak or forged
    narrations. Sometimes they don?t know that they are weak and but many times they do
    and use them anyway to support their position.

    Nonetheless, it is not permissible to use
    them, for doing so can be catastrophic,
    to say the least.

    There is a story of which Aboo Muslimah used in a lecture (the name of the tape in Philadelphia was 'Deception of the Germantown Masjid' and the title in East Orange 'Exposing the Ignorant Yusuf Abdul Maalik* narrated in the Musnad of Al-Imaam Ad-Daarimee # 551, saying:

    "Abdul-Wahhaab ibn Sa?eed informed us, that he said: It was related to us by Shu?aib
    (ibn Ishaaq),
    he said: It was related to us that Al-Awzaaee who said Aboo Katheer narrated: My father told me that:

    "I approached Aboo Dharr as he was sitting at Al-Jamaratul-Wustaa, and there were
    already people gathered around him seeking verdicts, and a man came to him and
    stood next to him and said: "Weren't you prohibited from issuing verdicts?" Aboo Dharr lifted his head towards him, and said "Are you some kind of watcher over me? Even if you were to put a double-edged sword on this(as he pointed to the back of his neck). Then thought that I was going to get a word out, which I heard from Rasoolullaah, sallallaahu alaihi wa sallam before you could kill me, I would have already said it!"

    So those people who follow their desires (and want others to follow them also) claim that
    this story is a proof, that obeying the Ameer or Imaam isn't incumbent if he prohibits someone from giving verdicts or spreading knowledge and also opposing the ruler.

    This narration was used by Aboo Muslimah as a proof that if the 'imaam' is wrong then one does not have to obey him and also to justify speaking against the former imaam of the Germantown masjid in Philadelphia, which eventually resulted in his removal!

    We must keep in mind that Aboo Muslimah is one who takes pride in using authentic narrations and staying far away from the bogus ones!

    Subhaanallaah! This story's chain is weak! It revolves around the narrator Marthad ibn Abdullaah Az-Zamaanee. Ibnu Hibbaan and Al-?Ijilee are the only two to have
    certified him as a narrator, but unfortunately for the hizbees like Aboo Muslimah they (Ibnu Hibbaan and Al-Ijilee, may Allaah have mercy on them both) are both well known (among the scholars of hadeeth) for being lenient or easy ? going in regards to certifying narrators. Al-Imaam Adh-Dhahabee said: in the book (of Al- Jarh wat Ta?deel entitled) Al-Mizaan volume 4, page 78:

    "He is unknown (feehe Jihaala)!" And rightfully so, because his son, Maalik Aboo Katheer, is the only one to narrate from him. Ibn Abee Haatim mentioned him in his book "al-Jarh wat-Ta'deel volume 8, page 299, without mentioning any flaws in his
    character neither concerning his l reliability, nor supporting him by strengthening him,
    therefore he is unknown according to Ibn Abee Haatim.

    Then, there is his son Maalik who is also an unknown narrator (or what the scholars of hadeeth call Majhoolul-Haal).

    Once again, Imaams Ibnu Hibbaan and Al-Ijilee are the only two (from what we know) to have certified him as a narrator. No one else has narrated from him except Aboo Zumail and Imaam Al-Awzaaee nor can they clarify his name Maalik just as it is in the book
    entitled At-Tahdheeb (14/4).

    Ibn Abee Haatim mentioned him in his book Al-Jarh wat-Ta 'deel (8/299), without mentioning any flaws in his character neither concerning his reliability, nor supporting him by strengthening him. He's also an unknown narrator according to Ibn Abee Haatim. AI-Bukhaaree related the saying of Aboo Dharr in his "Saheeh" as "mu'allaq leaving out the entire story (1/1600) and Aboo Nu?aym narrated it in his book
    Hilyatul-Awliyaah (1/160)with this weak chain.

    Probably the most emphatic refutation to their (the Hizbees like Aboo Muslimah's)claim is what Ibnu Hibbaan (himself) in his Saheeh, # 5964: (The Book of Mortgages, Chapter: "What Happens in the Times of Fitnah: an Explanation that in Times of Fitnah a
    man should hear and obey the one in Charge, as long as he does not order disobedience to
    Allaah" on the authority of Abdullaah ibnus Saamit with an authentic chain upon the conditions of Imaam Muslim.
    (Aboo Dharr came from Sham to Uthmaan and said:

    "O Commander of the Believers! Open the door so that the people can enter. Do you mistaken me for the people for the people who read the Qur?aan, and it doesn?t go past their throats?" I swear by the One whom my soul is in His Hands. If you ordered to sit, I
    would not stand, and if you ordered me to remain standing I would stand as long as my legs would allow me (to stand) and if you were to tie me to a camel, I wouldn't let myself go until you yourself would let me go!" Then Aboo Dharr sought permission to exile to
    Ar-Rabdhah, so he granted it to him..."

    This story was also related by Ibnu Sa'd in his book entitled At-Tabaqaatul Kubraa (4/234) and by Ibnu Shibbah in his book Akhbaarul Madeenah (2/254-255) with
    authentic chains with the conditions of Al-Imaam Muslim.

  • His fiqhee opinion that a man may have sex with his wife while she is in a state of Iddah (during the first and second divorce) and it will not be considered breaking the iddah.

    When the Muhaddith of Yemen, Shaikh Muqbil ibnu Haadee Al-Waadi?ee was asked this question:
    ?O Shaykh! Is it permissible for a man who has divorced his wife, with the first or
    second divorce, such that she is in a state of lesser removal due to the first and second
    divorce, does he have the right in Islaamic law that he may have sexual intercourse
    during the waiting period, before the divorce comes to its end?
    Is it permissible for a man to have sex with his wife during this waiting period?

    The Shaikh?s response was as follows:
    "Yes (it is permissible for him to have sexual intercourse with her) if he intends to
    take her back to being his wife,
    then that is allowed for him. And Allaah the Perfect
    and the Most High says:

    "And bring two just men to witness it." And that is the end of the aayah.

    That is: bring two witnesses to that, from among you.
    That is, when you take her back. Then the scholars say that this (having two witnesses) is something recommended.

    Therefore, if the man intends by this sexual intercourse which he has with the
    woman, that he is returning her as his wife, and he wants to make revocation with
    her by that action, then he may have intercourse with her.
    But, if he does not intend to take her back as his wife, then it is not allowed for him
    to have sexual relations with her, if he does not intend to take the woman back
    during the iddah period, then it is not allowed for him to have sexual intercourse
    with his wife and she will be dealt with as if she is other than his wife."

    End Shaikh Muqbil's quote.

    After hearing many of the errors and blasphemies of Aboo Muslimah, Aboo Uwais decided to make some comments. Among those comments was the statement of Aboo Uwais concerning Abu Muslimah's belief that it was permissible for a man to be sexual intimate with his wife during the ?iddah of a first or second pronouncement of divorce as the falsity of such claim has been elucidated by our elder Shaikh Muqbil.

    This belief of Aboo Muslimah was elaborately explained a tape entitled ?Is it Permissible for a Man to Have Sex with a Lady during the ?Iddah Period?? On the
    tape entitled ?Who?s making Fitnah in East Orange? Aboo Muslimah attempts to make a fool out of the noble daa?iyah, Aboo Uwais Abdullaah Ahmad Alee. Hence,
    Aboo Muslimah said:

    "The issue of having sex with a lady during the ?iddah and (Abu Uwais?saying):?Where in the world did somebody get that?"

    I was amazed that the foolishness or stupidity of this brother (Abu Uwais) who claims to be knowledgeable and Dawud Adib is with him saying that he is
    knowledgeable and even recommending him** and co-signing his efforts?uh?he (i.e. Abu Muslimah himself) mentioned (in that) lecture Imaam Ash-Shaafi?ee ,
    Imaam ibn Hazm and other people I quoted of that position and then (Abu Uwais)
    said where are the scholars who say that? He just quoted them! Subhaanallaahul
    Adheem! Whoever had the tape or was at the lecture (I gave that evening) said I
    quoted who?
    (So, Abu Uwais) said,(ok then) who?s (from among the People of Knowledge today)
    on Earth living (that has that position)? (So, I Abu Muslimah say) Once you quote
    the people of the past it?s sufficient because the people living have one of two
    choices either to say the same thing the people of the past said, and be o.k. or make
    up something new, and every newly invented matter is an innovation and every
    innovation is astray and every astray is in the Hell-Fire.
    At any rate, if you wanted (me) to say (for the sake of argument who) from some ofthe people (of Knowledge) who are living (who has this position) was our shaikh
    Muhammad ibn Abdul Maqsood who visits  our masjid he is from among (the
    People of Knowledge) who say that if a man had sex with his wife during the ?iddah
    period it doesn?t break the ?iddah period unless he intends it and informs her of it!"

    It seems as though Abu Muslimah was at it again. Here he says that he quoted Imaam Ash- Shaafi'ee?s opinion i.e. it is permissible for a man to have sex with his wife during the iddah period. But on closer examination, we see that Imaam Ash-Shaafi?ee?s position was the total opposite! After discussing
    the iddah of a woman whose husband dies and what she may or may not do during it, he then moved on to
    talk about a woman who is divorced by her husband, and what he and she are allowed to do while she is in
    that state. The author (Imaam Ash-Shaafi'ee himself) says: "He is not allowed to look at her nor her him,
    nor are they allowed to have sexually pleasure with each other, nor be alone with one another in any
    kind of way until he makes revocation, (that is, breaks the iddah) for she is HARAAM for him the type
    of haraam[similar to] the final divorce until he breaks the ?iddah!"[i/]

    Then the Mujaddid of his time brought the following authentic athar (narration from the Salaf): ?Al-Imaam Maalik informed us, from Naafi?, from [Abdullaah] ibn Umar that he divorced his wife while she was in the house of Hafsah. The road that he usually traveled to the masjid was that (same) road, so he used to (intentionally) take another road which happened t have been behind the houses out of dislike that he would (have to) ask permission from her causing him to have to break the ?iddah!"

    Al-Umm, vol.5; page 257.

    On page 258 he said: "I find it as abhorrent that a woman whose husband has revocation in his hands
    (that she) be subject to being alone with him just as much as I hate for the woman (to be subject to being
    alone with) the man who does not have revocation in his hands, out of fear that he may (slip) and have
    sex with her before he breaks the ?iddah!"

    From the statements of Imaam Ash-Shaafi'ee and the naked Aboo Muslimah we might come to one of two

    1-He did not check to see if Imaam Ash-Shaafi'ee really had that postion or not and just accepted whomever or whatever was his source, and therefore is guilty of the same thing that he, Aboo Usaamah and his teacher Abool Hasan al-Ma'ribee accuses some of the Salafees of, that is, blind following the Ulamaa.

    2-He knew full well that Imaam Ash-Shaafi?ee never said that in the first place, and therefore invented a lie upon him just to strengthen his personal position among his gullible followers! So as the saying goes when someone wants to become popular or the topic of discussion "He urinated in the Zam Zam wate well!

    I think it is important to return to the tape "Is
    it Permissible to Have Sex with a Lady..." to see if he ever quoted exactly what Imaam Ash-Shaafi?ee said!

    *The former imaam of the Germantown masjid.

    **Compare this recommendation of Aboo Uwais As-Salafee to teach in their school with the recommendation from Bilal Philips for Khidr Lawrence whose condition has been briefly outlined!

    He is the same Khidr who placed at least one of his sons ? if not both of them - in the JROTC or the Junior
    Reserve Officer Training Corps. For the brothers and sisters who are not aware, this is a US military-run program for high school students of whom are taught by retired military personnel in thousands of high schools around America!

    Next(inshaa Allaah): The Emperor(Aboo Muslimah's) errors in the Arabic language.

    كن مستفيدا أو مفيدا
    أو اسكت بحلم

    This message was edited by AbooTasneem on 10-30-02 @ 3:50 PM

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