Message No : 128Sr.No : 273/724
Question By : Syed Nasehuddin Alvi

Assalamu alaikum Qasmi Sahab
I am an engineer who graduated from AMU and am now working in an MNC .
I have some doubts . I hope you will be able to answer them.

* Many Fiqh details were finalized during the Abbasid Khilafat and during different times than ours for example during Aurangzeb's time .
The conditions of government and society were very different from present day.The government was usually autocratic kingship and the nature of rule was decided by the ruler and the umaara.So we had the concept of Dar-al harb and Dar -al Islam which was developed then .Today we have a concept of secular democratic government.So why do ulama try to understand today's society and governance through these old concepts ? Should not new concepts be used to interprete and understand today's society and government ?

* How would you answer to the charge that most ulama are isolated from mainstream society in India ie they live within thier own community and have no relationship with non muslims and society in general.That is why they make judgements and fatawa which are difficult for the general Muslim populace to follow
as they themselves do not face problems that ordinary muslims living amongst non muslims and in a non muslim society .They do not participate productively in society and only are there to criticize it and give impractical judgements and fatwa.

* Can I wear suits,pants and jeans without raising up their ankles ?

Wassalam

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumussalam
Dear Brother in Islam,
The answers to your questions are as follows:

* It would be more appropriate for understanding the answer in a better way to know that Islam is an everlasting religion and guidance for the people of all times. Its teachings never get old nor become impractical. They are ever-new and modern and apt for all periods. This is because, Islam keeps on updating some of its teachings as per the need of time.

It should be carried in mind that there are two kinds of injunctions in Islam: Mansusah and Ghair Mansusah. Mansusah are the injunctions, which have clearly been stated, in detail, in the Lofty Qur¡¯an and the Ahadith. And Ghair Mansusah are the commandments that have not been mentioned in detail, but some basic principles have been stated.

The former is static and none is permitted to pock his nose in it when the later is dynamic, which may be changed by the changes of age. This is the meaning of the famous saying of Fuqaha that the injunctions are changed by the changes of time.

It is another matter that whether the concept of secularism is in line with Islamic teachings or not. As a general, the injunctions which are clearly mentioned in the Glorious Qur'an and the Ahadith will never be changed nor is an Alim or Mufti permitted to interpret them as per his own understanding. Had they been changed by the changes of time, Allah Subhanahu Wa Ta'ala would have not mentioned them, in detail, in the Glorious Qur'an and the Ahadith, nor He would have revealed the guide book¡ªthe Qur'an to the Prophet (SAWS). He would have asked people to interpret injunctions as per their need and time. But as Muslims, we believe that Allah Subhanahu Wa Ta'ala is All-Knowing and All-Wise. He knows which commends should be changed by the passage of time and which should not. Therefore, He didn't state the detail of injunctions that could be changed. Only some guidelines have been provided so that one can interpret them when there a need to. So Ulama interpret the issues which are not mentioned in the Glorious Qur'an or in the Ahadith as per the requirement, following the principles of interpretation.

* It is absolutely necessary for an Alim and particularly for a Mufti to become aware of his surrounding so that he may issue Fatawas easily. But it is difficult for a person to have perfect information about the society he does not live in.

Therefore, we recommend people to ask the Ulama of their locality.

The life is full of difficulties whether social, financial or some other type of problems, but Islam has the solution of all problems.

The difficulty may be of two kinds¡ªdifficulty in the nature of commandment and difficulty in practicing the injunction.

It is, indeed, difficult to stick at a rule. But the difficulty is only at the beginning. Later on it turns into habit. So, this sort of difficulty is not only in Islamic rules but is common in all type of rules and regulations.

As regard to the difficulty in the nature of commandment, the Islamic commandments are not difficult in themselves. But sometimes they seem to be difficult. Because, we live in an un-Islamic environment and deal with the people who don't practise Islamic rules. If everyone follows the Islamic rules, there will be no difficulties. But Islam also teaches Muslims how to live in an un-Islamic environment and how to practise Islamic Shariah in that atmosphere, if a Muslim happens to live in.

There are some injunctions which may create social or financial problems if a Muslim follows them in the un-Islamic environment while there may be a lot of commandants, a Muslim will lose nothing in practicing them. For instance, if a Muslim makes his physical appearance Islamic, becomes mindful of Five Pillars and avoids from unnecessary practices, he will face neither social nor financial problem.

There are a few cases where a Muslim may face financial problems if he follows the Islamic commands. One should ask Ulama to tackle the problems. Since some practices become Islamic if we make a few changes in them. For example, the profession of agent is permissible if one refrains from telling a lie. But we feel inferiority to ask Ulama and commit sin, due to lake of Islamic knowledge. However, some practices are completely un-Islamic, but one will be in sever trouble if one keeps oneself away from them. Working in an interest based bank, for instance, is prohibited. But a person who works in the bank and will go under sever difficulties if he leaves the job, he should not leave the job as long as he gets the better alternative. He should regret over his practice, make sincere repentance and ask Allah Subhanahu Wa Ta'ala to provide better alternative.

* It is not like of Muslims to put their own wisdom in competition with Allah's and His Prophet's wisdom. But Muslims must submit their will to Allah's and His Prophet's will. The Glorious Qur'an says, "No believing men and women have any choice in a matter after Allah and His Apostle have decided it. Whoever disobeys Allah and His Apostle has clearly lost the way and gone astray. (Al-Ahzaab: 33/36)

Man is prohibited to conceal his ankles by Izaat. The Prophet (SAWS) is reported as having said, "The part of an Izar which hangs below the ankles is in the Fire." (Bukhari, Kitabul-libaas)

Therefore, it is not permitted for man to wear suits, pants and jeans covering his ankles.

And Allah knows the best, <

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