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Ramadan; a divine opportunity for our reformation 'Allamah Muhammad Yusuf Al Binnory (rahimahullah) writes: 'From the beginning of time, Allah Ta’ala selected the month of Ramadan as the season for abundant blessings and divine light (tajalliyat). Whenever Allah Ta’ala sent any gift from the sky for the reformation of humanity, Allah selected the month of Ramadan. The famous books and scriptures of the previous Ambiya were also revealed in this month culminating with the revelation of the Quran. Ramadan is near. During this month divine light (Nur and Tajalli) of Allah will cover everyone, provisions for forgiveness of man will be made. Allah Ta’ala, the most Generous, will increase His generosity. The doors of Jannah will be opened, the gates of Jahannam will be locked. O one who seeks good, go ahead! O one who intends evil, stop! Every night countless sinful people are saved from the blaze of Jahannam. For the reformation and cleansing of the evil soul (nafs), Allah Ta’ala has ordained fasting during the day, so that a believer can acquire the highest stages of taqwa and become close to Allah Ta’ala. During the nights we are encouraged to listen and recite the Quran. By means of the fast, the inner self (nafs) is cleansed and for the enhancement of the soul (ruh), Allah Ta'ala has arranged the recital of the Quran. It is as though in this blessed month, the [inhabitants of] earth are given a chance to link up with the higher ranked Angels in the skies [Al-Malaul A'la].' (Adapted from Basair wa ‘ibar, vol.2 pg.407) al-Miftah
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Beloved Abu Bakr رضي الله عنه The Best of the Best Without doubt the closest friend of our Beloved Prophet Sallallahu Alayhi wa Sallam since his youthwas Abu Bakr Radhiyallahu Anhu. Abu Bakr Radhiyallahu Anhu was truthful, noble, sincere and soft hearted. He keenly felt the sufferings of others and very often helped the poor and the needy, the distressed and downtrodden. He never drank liquor even before Islam. Oh, how excellent was the character of Abu Bakr! Being the first man to accept Islam, Abu Bakr Radhiyallahu Anhu shared a closer bond to the Prophet Sallallahu Alayhi wa Sallam than any other man. When Islam was presented to him, he immediately accepted the message of Rasulullah Sallallahu Alayhi wa Sallam without hesitation. Abu Bakr Radhiyallahu Anhu delivered the first sermon near the Ka’ba, inviting people to the truth. The disbelievers were enraged by this and fell on the Muslims from all sides. Despite the fact that Abu Bakr Radhiyallahu Anhu was considered to be the noblest of all the people in Makkah, he was not spared in the least bit. He was assaulted so severely that blood covered him. He was kicked, thrashed with shoes, trampled and handled most roughly and savagely. So much so that he became unconscious! Just look at the love Abu Bakr Radhiyallahu Anhu had for the Prophet Sallallahu Alayhi wa Sallam that upon gaining consciousness, his first and only enquiry was regarding the Prophet Sallallahu Alayhi wa Sallam. He was not at peace until he knew that the Prophet was safe. His love and respect for Rasulullah Sallallahu Alayhi wa Sallam was unbounded and unmatched. When Rasulullah Sallallahu Alayhi wa Sallam returned from the miraculous journey of Mi’raj, those who heard of this incident, went to Abu Bakr Radhiyallahu Anhu and asked him if he would believe that Rasulullah Sallallahu Alayhi wa Sallam had visited Jerusalem, the seven heavens and returned to Makkah in a portion of the night. He immediately replied, “If He (Sallallahu Alayhi wa Sallam) said so then it is the absolute truth.” For this Rasulullah Sallallahu Alayhi wa Sallam named him “As-Siddiq” meaning the most truthful and sincere person in Faith. He was given the honour of accompanying Rasullullah Sallallahu Alayhi wa Sallam during the hijrah, from Makkah to Madinah. When Nabi Sallallahu Alayhi wa Sallam informed Abu Bakr that he will accompany Him on this historic event, he began weeping out of joy. He then personally made preparations for the journey. The Qur’aan makes mention of Abu Bakr Radhiyallahu Anhu during the hijrah as the second of the two in the cave (of Thour). Abu Bakr Radhiyallahu Anhu spent most of his money for the cause of Allah. Whether it was in freeing tortured Muslim slaves at the at the hands of the Kuffar in Makkah, towards various battles and expeditions, or in the construction of Masaajid. In fact, it was none other than Abu Bakr Radhiyallahu Anhu who paid for the land wherein Masjid un Nabawi was built in Madinah. Remarkably, he then participated in the construction of the masjid like an ordinary labourer with others. He was the first Khalifah (leader) of the Muslims. His duty was so mammoth, as he being an ordinary man, he had to take over leadership from a Prophet! Abu Bakr Radhiyallahu Anhu, proved that he was no ordinary man, but the best of men! He led the Muslims with excellence. He followed the pristine way of Rasulullah Sallallahu Alayhi wa Sallam like no other. Abu Bakr Radhiyallahu Anhu passed away in the year 13 A.H. in Madinah Munawarrah. In fact, even the resting place of Abu Bakr Radhiyallahu Anhu is one to marvel at, since he is buried next to the Prophet Sallallahu Alayhi wa Sallam in Masjidun-Nabawi (Madinah). Jamiatul Ulama (KZN) Council of Muslim Theologians
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5 Ways to Nurture the Bonds of Brotherhood Between Believers The Qur’ān says: ‘The believers are indeed but brothers.’ 49:10 Brotherhood (or sisterhood, as the case may be) is a core principle of Islam. It is a brotherhood obliged by God; it is a brotherhood, the bonds of which are to be rooted in love of God. Islām not only explains the ideals of brotherhood, it lays down practical teachings that help to make it a reality in our daily lives. Such teachings include: 1. Remembering that Allāh has made the life and honour of every believer sacred. It is forbidden to harm a Muslim’s honour or repute, as it is to harm their life or their property. The Prophet, peace be upon him, said: ‘Do not envy one another, do not inflate prices one to another, do not turn your backs on one another, and do not undercut one another – but be, O God’s slaves, brothers. A Muslim is the brother of another Muslim: he doesn’t oppress him or forsake him, nor does he lie to him or hold him in contempt. Piety is right here (pointing to his breast, thrice). It is evil enough to hold a brother Muslim in contempt. The whole of a Muslim, for another Muslim, is sacred: his blood, his property and his honour.’ Muslim, no.2564 2. Making it a part of our daily spiritual habit of supplicating for the well-being of Muslims. One hadith says: ‘The du‘ā of a Muslim for his brother [Muslim] in his absence, is always responded to.’ Muslim, no.2733 In fact, so great an act it is, and so sacred is the life of a believer, that the Prophet, peace be upon him, once declared: ‘Whoever seeks forgiveness for the believing men and women, God records for him a good deed for every believing man and woman [he prays for].’ Al-Haythamī, Majma‘ al-Zawā’id, 10:210 3. Devoting some time of our day, each day, in their service (khidmāh) in whatever capacity we can. So dear is this dedication and service to God, that one celebrated hadīth says: ‘God helps His servant as long as the servant continues to help his brother.’ Al-Bukhārī, no.2442; Muslim, no.2580 4. Ensuring not to end the day with rancour in our hearts against any Muslim, but striving to rid ourselves of this toxic disease whenever it arises. The following du‘ā from the Qur’ān is a powerful medicine for such a thing: ‘Our Lord! Forgive us and our brothers who preceded us in faith, and leave not in our hearts any rancour towards those who believe. Our Lord! You are Kind, Compassionate.’ 59:10 5. Doing one’s utmost to follow the Golden Rule: ‘None of you truly believes until he loves for his brother what he loves for himself.’ Bukhārī, no.13; Muslim, no.45 If, however, one is weak in faith and fails to live up to this lofty ideal, then to never fall below the minimum level of behaviour with others – as taught to us by the early pietist, Yahya b. Mu‘ādh al-Rāzī: ‘Let your dealing with another believer be of three types: If you cannot benefit him, do not harm him. If you cannot gladden him, do not sadden him. If you cannot speak well of him, do not speak ill of him.’[1] Allāhumma allif baynā qulūbinā wa aslih dhāta bayninā waj‘alnā min al-rashidīn. Āmīn! ----------------------- 1. Cited in Ibn Rajab, Jami‘ al-‘Ulūm wa’l-Hikam (Beirut: Mu’assasah al-Risalah, 1998), 2:283. Naseehah channel on telegram
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Relaxing Before Ramadān Some people relax for a few days before Ramadān, intending to busy themselves in ‘ibādah once Ramadān begins. Sometimes this relaxed attitude leads them to sin, with a reassuring feeling that they will make tawbah in Ramadān. Firstly, how do they know they will live to see Ramadān? Secondly, the sin committed may have a negative spiritual impact which may last for the duration of Ramadān, preventing the perpetrator from repenting and doing good deeds, even in the blessed month. Shaykh-ul-Hadīth, Hadrat Mawlānā Muhammad Saleem Dhorat hafizahullāh
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Assalaamu 'alaykum warahmatullaah Welcome to the forum. Insha-allah it is of benefit and Jazaakillaah for the link...we look forward to beneficial contribution
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Capital Punishment in Islam
ummtaalib replied to ummtaalib's topic in Answers to Misconceptions about Islam
Further reading Death penalty fast facts https://edition.cnn.com/2013/07/19/us/death-penalty-fast-facts/index.html Various methods of execution https://deathpenaltycurriculum.org/student/c/about/methods/hanging.htm -
Capital Punishment in Islam
ummtaalib replied to ummtaalib's topic in Answers to Misconceptions about Islam
Sources and Acknowledgments 1. http://www.daruliftaa.com/node/5657?txt_QuestionID 2. http://islamqa.org/hanafi/darulfiqh/21987 3. http://islamqa.org/hanafi/darululoomtt/52188 4. http://askimam.org/public/question_detail/16717 5. http://askimam.org/public/question_detail/39412 6. http://www.muftisays.com/forums/63-the-light-side/11946-bible-vs-christians.html 7. http://islamqa.org/shafii/qibla-shafii/34007 8. http://islamqa.org/hanafi/daruliftaa-birmingham/20391 -
Capital Punishment in Islam
ummtaalib replied to ummtaalib's topic in Answers to Misconceptions about Islam
Physical Punishments (as in Islam) Vs Imprisonment Muslims have often come across many people who associate Islam with stoning, Hand-Chopping and terming them as "Harsh", "Barbaric'. While it is true that these punishments do feature in Shariah (Islamic Law), their applications has to met with the strict restrictions and meticulous conditions that should be carefully considered. Are Physical punishments really "Harsh" and "Barbaric"? This can be better answered by the distinguished scholars who have dealt the Topic of Punishment in detail. One example of such a scholar and Philosher is Michel Foucault. He writes in his book "Discipline and Punish" on how the corporal punishments have diminished from the society and its negative consequence : Punishment had gradually ceased to be a spectacle. And whatever theatrical elements it still retained were now downgraded, as if the functions of the penal ceremony were gradually ceasing to be understood, as if this rite that ‘concluded the crime’ was suspected of being in some undesirable way linked with it. It was as if the punishment was thought to equal, if not to exceed, in savagery the crime itself, to accustom the spectators to a ferocity from which one wished to divert them, to show them the frequency of crime, to make the executioner resemble a criminal, judges murderers, to reverse roles at the last moment, to make the tortured criminal an object of pity or admiration. As early as 1764, Beccaria remarked: ‘The murder that is depicted as a horrible crime is repeated in cold blood, remorselessly’ (Beccaria, 101). The public execution is now seen as a hearth in which violence bursts again into flame. He further states: The disappearance of public executions marks therefore the decline of the spectacle; but it also marks a slackening of the hold on the body. In 1787, in an address to the Society for Promoting Political Enquiries, Benjamin Rush remarked: "i can only hope that the time is not far away when gallows, pillory, scaffold, flogging and wheel will, in the history of punishment, be regarded as the marks of the barbarity and as proofs of the feeble influence of reason and religion over the human mind" (Teeters, 1935,30) The above statements clearly shows that these corporal punishments were once a norm and were not seen as "harsh" and "barbaric". Foucault's views have been summarised by Susan Hascall, a Law Professor, in her opening words to the paper "Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice?"[1], She states: For Foucault, the constant monitoring of the prisoners’ every movement by prison officials abolishes their very humanity. Foucault’s ideas are compatible with both restorative justice ideals and the ideals of Islamic criminal jurisprudence in general, and in particular, the law of qisas (a category of crime that includes intentional homicide and wounding)[2]. Similar views have also been shared by others, like US law professor Peter Moskos who recently pointed out in his book "In Defense of Flogging", the notion that imprisoning someone in a cell is somehow more humane than subjecting them to brief but intense bodily pain is a collective cultural fiction. And it is totally belied by the reality of prison-life in America. Even societies in which vicious corporal punishment was common, notes Moskos, “rarely if ever placed a human being in a cell for punishment.” “Consequently,” he concludes, “that we accept prisons as normal is a historical oddity.”[3] On Islamic Corporal punishments The different punishments/penalties prescribed by Shariah are not in order to inflict harm on people and make them suffer; rather the Shariah concept for imposing penalties for the various crimes is that they prevent harm, destruction and anarchy in the society. They are not prescribed in order to harm people, but the contrary. They act as a deterrent. Allah Most High says: “In the law of retaliation there is (saving of) life to you, O you men of understanding.” (Surah al-Baqarah, 179) The idea behind these various penalties being imposed is not to make an individual suffer, rather to create a better society as a whole, for this the Shariah laid down certain strict rules and conditions in order for the punishment to be established or enforced. These strict conditions can be seen in all the various penalties that have been imposed. If the various conditions are met then and ONLY then the punishment is carried out, otherwise they are not enforced. The objective of laying down strict and stringent conditions is not to get the individual punished rather to save him/her from the punishment. This will become more evident with the following incident that took place in the time of the Messenger of Allah (Allah bless him & give him peace): Sayyiduna Abu Hurayra (Allah be pleased with him) narrates: “A man from amongst the people came to the Messenger of Allah (Allah bless him & give him peace) while he (the Messenger of Allah) was sitting in the Masjid, and addressed him, saying: “O Messenger of Allah! I have committed illegal sexual intercourse.” The Messenger of Allah (Allah bless him & give him peace) turned his face away from him. The man came to that side to which the Messenger of Allah (Allah bless him & give him peace) had turned his face, and said: “O Messenger of Allah! I have committed illegal intercourse.” The Messenger of Allah (Allah bless him & give him peace) turned his face to the other side, and the man came to that side. When he confessed four times, the Messenger of Allah (Allah bless him & give him peace) called him and said: “Are you insane?” He said: “No, O Messenger of Allah!” The Messenger of Allah (Allah bless him & give him peace) said: “Are you married?” He said: “Yes, O Messenger of Allah!” The Messenger of Allah (Allah bless him & give him peace) said (to the people): “Take him away and stone him to death.”[4] The above incident shows the importance of trying to avert a legal punishment as much as possible. The man came and confessed to the Messenger of Allah (Allah bless him & give him peace) that he had committed unlawful sexual intercourse, yet the Messenger of Allah (Allah bless him & give him peace) ignored him, in order that he may change his mind. This (trying to avert a legal punishment) has been explicitly mentioned in one Hadith. Sayyida A’isha (Allah be pleased with her) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Keep the Muslims away from punishments as much as possible. If there is any way out for an offender to escape punishment, acquit him. It is better for a judge to make an error in acquittal than in conviction.”[5] With the restrictions that have been laid down by the jurists (Fuqaha), it is “nearly impossible for a thief or fornicator to be sentenced, unless he wishes to do so and confesses.” as described by scholar Rudolph Peters.[6] Finally, one should remember that it is not necessary in order for one’s sin to be forgiven that he/she receives the legal punishment (hadd) for the sin committed. The reason being is that one is not obliged to confess that he/she committed adultery; hence one may keep the sin hidden and not inform the Islamic judge about it. Also the various Islamic legal punishments (hudud) are only carried out in an Islamic state (dar al-Islam) by the Imam, thus repenting to Allah Almighty will be sufficient. So are corporal punishments better than imprisonment? The objective of a punishment has to be understood here, and must be looked as to which provides an easy way of achieving this objective. Dr. Jonathan expalins: [P]re-modern states did not have the means to engage in the type of law enforcement that we consider normal today, particularly preventative policing and the investigation of mundane crimes. This important fact lies behind the severity of punishments found in Islamic law and in many pre-modern legal systems for that matter. Though scholars of criminal law continue to disagree on the best means of deterring crime, a common approach has been the utilitarian one formalized by Bentham. Its basic premise is the following equation: (E)xpected Punishment/Deterrent power = (S)everity of Punishment x (P)robability of getting caught…. E = S x P [7] In a system where there are few or no police or where the police do not busy themselves investigating crimes, moderately intelligent criminals faced little chance of being caught. According to the E = S x P equation, if the probability (P) of being caught is minuscule, then in order for any meaningful deterrent effect to be created the severity of punishment (S) must be mammoth. Frightening punishments were seen as the only way to deter potential criminals whom police (what few there were) would never be able to reach. And we can see how the mindboggling advances in technology and administrative capacity in the mid 1800’s changed Britain’s legal landscape. More effective policing, better prisons and, more importantly, better municipal services and a much-advanced economy meant that more offenders were caught and convicted. (P) went up dramatically, so (S) dropped accordingly. By 1900 Britain had only four death-penalty offenses. As Muslims, we believe that the Sharia is the ideal law in acheiving this objective and that the corporal punishments in Sharia are valid in theory and it's actual implemention is under the control of ruler/state and is not necessary for people to be Muslim[8] If there are other alternatives. End remarks The charge that the corporal punishments enforced in Islam as "Barbaric and "Harsh" is unjust as we see the imprisonment(the punishment as in today's time) is also not free from this charge. As Dr. Jonathan Brown puts: It’s worth considering that the crimes human societies have judged the most acutely harmful – murder and rape – are not included among the agreed upon Hudud crimes. Perhaps the Hudud are not necessarily the most grievous crimes in terms of the toll they take on their victims or society. Fornication and Hudud-level theft are offenses almost by definition done in private, as intoxication could be as well. They are done out of the sight of all but God. Perhaps these stringent laws, which God’s mercy has made almost impossible to apply, exist primarily to remind people of the enormity of the sins that they usually get away with. Recommended read - Stoning and Hand Cutting—Understanding the Hudud and the Shariah in Islam by Dr. Jonathan Brown availbe from : http://drjonathanbrown.com/2017/stoning-and-hand-cutting-understanding-the-hudud-and-the-shariah-in-islam/ Footnotes [1] - Susan C. Hascall, "Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice?" available from: http://scholarship.law.berkeley.edu/jmeil/vol4/iss1/2/ [2] - A word about the taxonomy of crimes in Islamic law is necessary for the reader who is not familiar with Islamic criminal law. There are three main types of crimes in Islamic law, the hudud, qisas and tazeer. The hudud crimes are those with a “fixed” penalty. They are considered crimes against God, and their punishments are proscribed in the Qur’an, and sometimes in the Hadith. Although there is some disagreement as to the crimes that are considered hudud, they generally include theft, zina (fornication and adultery), false accusation of zina, apostasy, drinking alcohol and highway robbery. Each of these crimes is punishable by some form or corporal punishment. The qisas crimes include intentional wounding and intentional homicide. The tazeer (or tazir) crimes are other wrongs against persons or the state but for which the punishment is not proscribed in the Qur’an, and the punishment is left to the state or the discretion of the judge. [3] - Peter Moskos, In Defense of Flogging (New York: Basic, 2011), 50. [4] - Sahih al-Bukhari, no: 6439 [5] - Sunan Tirmidhi, no: 1424 [6] - Rudolph Peters, Crime and Punishment in Islamic Law (Cambridge: Cambridge University Press, 2005), 54. [7] - http://drjonathanbrown.com/2017/stoning-and-hand-cutting-understanding-the-hudud-and-the-shariah-in-islam/ [8] - Shaltut, Fatswa, 45; Jumʿa, al-Bayan, 71; Bin Bayyah, Tanbih, 83-4. Source -
Part Fourteen One of the Asharah Mubasharah: Hazrat ‘Uthmaan (radhiyallahu ‘anhu) was one of the ten Sahaabah (radhiyallahu ‘anhum) who were given the glad tidings of Jannah by Rasulullah (sallallahu ‘alaihi wasallam) in one gathering. Hazrat ‘Abdur Rahmaan bin ‘Auf (radhiyallahu ‘anhu) reports that Rasulullah (sallallahu ‘alaihi wasallam) said, “Hazrat Abu Bakr (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat ‘Umar (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat ‘Uthmaan (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat ‘Ali (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat Talhah (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat Zubair (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat ‘Abdur Rahmaan bin ‘Auf (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat Sa’d (radhiyallahu ‘anhu) is among the people of Jannah, Hazrat Sa‘eed (radhiyallahu ‘anhu) is among the people of Jannah and Hazrat Abu ‘Ubaidah bin Jarraah (radhiyallahu ‘anhu) is among the people of Jannah. (Sunan Tirmizi #3747)
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A Simple Format for 'ibadah on Auspicious nights
ummtaalib replied to Acacia's topic in General Islamic Articles
Auspicious nights coming up to take advantage of....... -
Virtues of reciting Surah Dukhaan Q: Is reciting Surah Dukhaan every night Sunnah or only on Thursday nights? A: Virtue has been mentioned in the Hadith for the one who recites it on any night, however specific mention has been made for the one who recites it on a Thursday night. The Ahaadith are mentioned below. عن أبي هريرة قال : قال رسول الله صلى الله عليه وسلم من قرأ حم الدخان في ليلة أصبح يستغفر له سبعون ألف ملك (ترمذي #2888) Hazrat Abu Hurairah (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alayhi Wasallam) said, "Whoever recites Surah Dukhaan in the night, he wakes up in the morning in the condition that seventy thousand angels beg forgiveness on his behalf." عن أبي هريرة قال قال رسول الله صلى الله عليه وسلم من قرأ سورة الدخان في ليلة جمعة أصبح مغفورا له (بيهقي في شعب الإيمان #2247) Hazrat Abu Hurairah (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alayhi Wasallam) said, "Whoever recites Surah Dukhaan on Thursday night, all his (minor) sins will be forgiven by the morning." عن أبي أمامة قال قال رسول الله صلى الله عليه و سلم من قرأ حم الدخان في ليلة جمعة أو يوم جمعة بنى الله له بيتا في الجنة (المعجم الكبير #8026) Hazrat Abu Umaamah (Radiyallahu Anhu) narrates that Rasulullah (Sallallahu Alayhi Wasallam) said, "Anyone who recites Surah Dukhaan on Friday, during the day or on the night of Friday (Thursday night), Allah will build for him a house in Paradise." And Allah Ta'ala (الله تعالى) knows best. Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)
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Capital Punishment in Islam
ummtaalib replied to ummtaalib's topic in Answers to Misconceptions about Islam
Conceal your sin A general principle in Islamic law is that it is sinful to reveal one’s past sins. One must keep them concealed, as sincere repentance wipes them out and so it is as if the person never committed them. It was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Avoid these sins that Allaah has forbidden, but whoever does any of them, let him conceal himself with the concealment of Allaah and repent to Allaah, for whoever tells us of what he has done, we will carry out (the punishment prescribed in) the Book of Allaah on him.” As Allah has concealed you, you must also conceal yourself and do not breach the concealment of Allah. Al-Bukhari and Muslim narrated that Abu Hurayrah (رضي الله عنه) said: I heard the Messenger of Allah (صلى الله عليه و سلم) say: “All of my ummah will be fine except those who commit sin openly, and it is part of committing sin openly for a man to do something at night, then in the morning when his Lord has concealed him he says: O So and so, I did such and such last night, when his Lord had concealed him all night, but in the morning he discloses that which Allah had concealed for him.” One should remember that it is not necessary in order for one’s sin to be forgiven that he/she receives the legal punishment (hadd) for the sin committed. The reason being is that one is not obliged to confess that he/she committed adultery; hence one may keep the sin hidden and not inform the Islamic judge about it. Imam ash-Shafi‘i (may Allah have mercy on him) said: "We prefer for the one who has committed a sin that is deserving of a hadd punishment toconceal the matter and to fear Allah, may He be glorified and exalted, and not go back to disobeying Allah, for Allah, may He be glorified and exalted, accepts the repentance of His slaves." Muslim narrated from Abu Hurayrah (رضي الله عنه) that the Prophet (صلى الله عليه و سلم) said: “Allah does not conceal a person in this world but Allah will conceal him on the Day of Resurrection.” Also the various Islamic legal punishments (hudud) are only carried out in an Islamic state (dar al-Islam) by the Imam, thus repenting to Allah Almighty will be sufficient. -
NEW FREE E-BOOK: A Student’s Guide in the Pursuit of Knowledge Mufti Faraz Adam Source Darul Fiqh is pleased to announce its first E-Book publication titled ‘A Student’s Guide in the Pursuit of Knowledge’. With the help of Allah, I have written a guide for students of the traditional sciences which includes: Motivation for students Advises and practical guidelines on how to study A look at each year of the `Alimiyyah course Information about the content of books studied Commentaries and supplementary books An extra-curricular reading list for each year A section on post graduate courses It is my desire that this guide be circulated among all students across the world and read whilst studying. You may download the E-Book from here: Alternative link:
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Imaam Shafee’ wrote: قد مات قوم وما ماتت مكارمهم وعاش قوم وهم في الناس أموات “There are some who have passed away but whose rich legacy remains alive. While others are alive but their (poor) character has rendered them dead in the eyes of mankind.” (taken from Jamiat.org)
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Building Stamina Right from the onset of the month of Rajab, we should begin to prepare for Ramadān. By building up slowly over Rajab and Sha‘bān, we will be in peak spiritual condition when Ramadān arrives. To do this we need to make a programme of ibādah and set daily targets. We then need to fix a timetable so that we are able to achieve those targets. Thereafter targets should be reviewed every week or every fortnight, and gradually increased until Ramadān arrives. Then throughout Ramadān this process should continue. If we do not set targets and do not fix a timetable early on, we will not be able to progress. Consequently, we will not develop the necessary spiritual stamina required to maintain the level of performance in order to reap the maximum benefit from Ramadān. Guidance and advice for the Blessed Month from Shaykh-ul-Hadīth, Hadrat Mawlānā Muhammad Saleem Dhorat hafizahullāh
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A du'a to recite when in pain Question What is the reference for this narration? Sayyiduna 'Uthman ibn Abil 'As (radiyallahu 'anhu) once complained of some pain to Nabi (sallallahu 'alayhi wa sallam). Nabi (sallallahu 'alayhi wa sallam) advised him: "Place your hand at the place where you feel pain in your body and say 'Bismillah' three times and seven times 'A'udhu billahi wa qudratihi min sharri ma ajidu wa uhadhiru' (I seek refuge with Allah and His Might against the evil of what I feel and fear) Answer Imam Muslim (rahimahullah) has recorded this Hadith on the authority of Sayyiduna 'Uthman ibn Abil 'As (radiyallahu 'anhu). (Sahih Muslim, Hadith: 2202) The Arabic text of the du'a باسم الله (Three times) أعوذ بالله وقدرته من شر ما أجد وأحاذر (Seven times) And Allah Ta'ala Knows best. Answered by: Moulana Suhail Motala Approved by: Moulana Muhammad Abasoomar hadithanswers.com
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The Establishment of Salaah Once, while addressing the students of Deen, Hazrat Moulana Muhammad Ilyaas (rahmatullahi ‘alaih) mentioned the following advice: The establishment of salaah is the means of reforming one’s entire life. However, the establishment of salaah will only take place once the various qualities of Imaan mentioned in various aayaat of the Qur’aan Majeed are perfected. Some of these qualities are mentioned in the following verses: قَد أَفلَحَ المُؤمِنونَ ﴿١﴾ الَّذينَ هُم فى صَلاتِهِم خـٰشِعونَ ﴿المؤمنون:٢﴾ Successful indeed are the believers, those who have khushoo’ (devotion and concentration) in their salaah. In another verse of the Qur’aan, Allah Ta‘ala mentions: الَّذينَ يُؤمِنونَ بِالغَيبِ وَيُقيمونَ الصَّلوٰةَ وَمِمّا رَزَقنـٰهُم يُنفِقونَ ﴿البقرة:٣﴾ Those who believe in the unseen, establish salaah, spend out of what We have provided for them. At the end of this verse Allah Ta‘ala says: أُولـٰئِكَ هُمُ المُفلِحونَ ﴿البقرة:٥﴾ They are the ones who are truly successful. In the light of the abovementioned aayaat, one reaches the conclusion that one’s success is subject to the establishment of salaah, and the establishment of salaah is dependent on khushoo’. Without acquiring the desired level of khushoo’, one will not be able to succeed in bringing about the establishment of salaah. In some other verses of the Qur’aan Majeed Allah Ta‘ala shows us how to create the desired level of khushoo’ in our salaah. The way to obtain this khushoo’ is for one to increase the awareness that Allah Ta‘ala is watching him and create the conviction in one’s heart that he is standing before Allah Ta‘ala. An indication of this is found in the following verse: وَإِنَّها لَكَبيرَةٌ إِلّا عَلَى الخـٰشِعينَ ﴿٤٥﴾ الَّذينَ يَظُنّونَ أَنَّهُم مُلـٰقوا رَبِّهِم وَأَنَّهُم إِلَيهِ رٰجِعونَ ﴿البقرة:٤٦﴾ Indeed it (salaah) is difficult except for those who possess khushoo’ (devotion and concentration in their salaah). They are those who have conviction and certainty that they are to meet their Lord, and that they are to return to Him. The mention of aakhirat in this verse is not confined to bringing the conviction of the aakhirat but can also be applied to bringing the conviction of standing before Allah Ta‘ala during salaah and at all times. (Malfoozaat Hazrat Moulana Muhammad Ilyaas (rahmatullahi ‘alaih) pg. 104) ihyauddeen.co.za
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Part Thirteen Marriage to Hazrat Ummu Kulthoom (radhiyallahu ‘anha): After Hazrat Ruqayyah (radhiyallahu ‘anha) passed away, Hazrat ‘Uthmaan (radhiyallahu ‘anhu) married Hazrat Ummu Kulthoom (radhiyallahu ‘anha), another blessed daughter of Rasulullah (sallallahu ‘alaihi wasallam). After the demise of Hazrat Ummu Kulthoom (radhiyallahu ‘anha), Rasulullah (sallallahu ‘alaihi wasallam) mentioned to Hazrat ‘Uthmaan (radhiyallahu ‘anhu), “If I had a third daughter (who was unmarried), I would have married her to you (as well).” Hazrat ‘Ali (radhiyallahu ‘anhu) reports that he heard Rasulullah (sallallahu ‘alaihi wasallam) mention, “If I had forty daughters, I would have given them in marriage to Hazrat ‘Uthmaan (radhiyallahu ‘anhu), one after the other, until no daughter remained (i.e. after the demise of each one, I would have married him to the next daughter, until no daughters remained alive).” (Usdul Ghaabah 3/216)
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Placing the hand under the cheek when sleeping Question Is this correct? "Place your hand under your cheek when sleeping as done by Nabi (sallallahu 'alayhi wa sallam)" Answer Yes, Imam Bukhari (rahimahullah) has recorded this narration. Sayyiduna Hudhayfah (radiyallahu 'anhu) reports, "When Nabi (sallallahu 'alayhi wa sallam) would retire to bed, he would place his hand under his cheek..." (Sahih Bukhari, Hadith: 6314. Refer: Fathul Bari, Hadith: 6314) And Allah Ta'ala Knows best. Answered by: Moulana Suhail Motala Approved by: Moulana Muhammad Abasoomar
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Five items Nabi (sallallahu 'alayhi wa sallam) would always carry Question Is the following narration correct? عن عائشة، قالت: خمس لم يكن رسول الله صلى الله عليه وسلم يدعهن في حضر ولا سفر: المرآة، والمكحلة، والمشط، والمدرى، والسواك Answer Imam Tabarani and Hafiz Khatib Al Baghdadi (rahimahumallah) have recorded this narration of Sayyidah 'Aaishah (radiyallahu 'anha). (Al Mu'jamul Awsat, Hadith: 5238. Refer: Fathul Bari, Hadith: 5924) Despite one narrator of this chain being declared weak, the narration is corroborated. Hafiz Ibn Hajar (rahimahullah) has cited several supporting narrations. (Fathul Bari, Hadith: 5924) The narration is therefore acceptable and may be quoted. Translation Sayyidah 'Aaishah (radiyallahu 'anha) says, 'Rasulullah (sallallahu 'alayhi wa sallam) never left five things, whether he was on travel or at home; a mirror, antimony [kuhl], a comb, a stick/metal comb [used for scratching] and a miswak. And Allah Ta'ala Knows best. Answered by: Moulana Suhail Motala Approved by: Moulana Muhammad Abasoomar
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Q. I made Masah on a plaster on my hand. After I performed Salaah, I changed the plaster. Does my Wudhu remain valid? (Question summarized and published) A. Masah over a plaster/cast will remain valid until the wound etc. completely heals. If the plaster/cast is changed, it will not be necessary to repeat the Masah over the plaster/cast and the Wudhu will remain valid. Upon the wound completely healing, Masah over the plaster/cast will now not suffice and it will be necessary to wash the healed area. (Jadeed Fiqhi Masaail 1/62) Note: Masah over a plaster/cast will only be valid in the case of a valid Shari’ reason e.g. if the wound will not heal completely if the plaster/cast is removed. And Allah Ta’ala Knows Best Mufti Ismaeel Bassa Confirmation: Mufti Ebrahim Desai (The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians
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Nur al-Idah: The Light of Clarification – by Imam Shurunbulali (d.1069AH) 18 Apr, 2018 This is a translation of Nur al-Idah, A Classical Manual of Islamic jurisprudence. It was translated from the Arabic with Commentary and Notes by Shaykh Wesam Charkawi. Nur al-Idah is principally a Hanafi text which includes vast areas of jurisprudence, namely, the rulings pertaining to worship. It leaves the student or general reader well prepared to deal with the majority of matters ranging from purification, prayer, funerals, zakah to hajj. It reveals in a small way as to why the Hanafi Madhhab is held in such high esteem from scholars all over the world. It is practical, sensible and can be used as a reference book. This book is based on the teachings of Imam Abu Hanifa (d. 150 AH) and his students, namely Imam Muhammad, Abu Yusuf and Zufar; and it will provide the reader with a brief look as to why the Hanafi Madhhab is the most widely embraced in the world today and in Islamic history. About the book: The translation of Nur al-Idah is displayed in bold while the commentary and explanation, the majority of which is from Maraky al-Falah is written in plain text. It has been the translators attempt to prepare the text of Nur al-Idah in a manner that can be read independently without reading the commentary. However, commentary is essential for further explanations of the actual text and for this reason it entails views from other Hanafi sources such as al-Ikhtiyar and al-Hidayah, as well as the position of other schools, such as the Shafi’i Madhhab. This is intended to give the reader a broader perspective on matters and demonstrate the similarity between the various schools of thought. Referencing the text with evidence, namely, with Qur’an or hadith has been given on most issues and that areas where it is not, is either due to qiyas (analogical reasoning) or because of its unanimous agreement on that particular issue. A translation may simplify many things, though this will still require the complete and concentrated attention of the reader. Source Read online
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Capital Punishment in Islam
ummtaalib replied to ummtaalib's topic in Answers to Misconceptions about Islam
Capital Punishment for Adultery Fornication (zina) and that which leads to fornication is completely unlawful and considered a major sin. The Qur’an and Sunnah are quite clear about this. Allah Most High says: “Do not come (even) near to adultery, for it is a shameful (deed) and an evil, opening the road to other evils.” (Surah al-Isra, 32) Thus, fornication and whatever that leads to it, such as touching, kissing, embracing, informal interaction are all considered to be major sins, hence must be avoided at all times. As far as the Islamic legal punishment for fornication is concerned, the Hanafi jurist (faqih), Imam al-Mawsili (Allah have mercy on him) states: “It (legal punishment) is established by evidence and confession. Evidence is that four people give testimony against a man and woman that they committed fornication. When they testify (in the courts), the judge (qadhi) will inquire from the witnesses the particulars and details of what took place, the place of incident, the time of incident, and the identity of the woman involved. When they give details of all of this and they state that the woman was unlawful upon the man in every way, and that they testify the observing of sexual intercourse taking place like they see a Kohl needle entering the Kohl bottle, and the four witnesses are considered upright both privately and publicly, then the judge will give the order for the legal punishment to be enforced upon the perpetrators.” (See: al-Ikhtiyar li ta’lil al-Mukhtar, 2/312-313) One should always keep in mind the objective and spirit of Shariah concerning the various legal punishments. Sayyiduna Abd Allah ibn Abbas (Allah be pleased with him) narrates that When Ma’iz ibn Malik came to the Messenger of Allah (and confessed that he had committed adultery), the Messenger of Allah (Allah bless him & give him peace) said to him: “Probably you have only kissed (the woman), or touched, or looked at her?” He said: “No, O Messenger of Allah!” The Messenger of Allah (Allah bless him & give him peace), using no euphemism, said: “Did you have sexual intercourse with her?” The narrator said: At that moment, (i.e. after he confessed that he had sexual intercourse), the Messenger of Allah (Allah bless him & give him peace) ordered that he be stoned.” (Sahih al-Bukhari, no: 6438) This famous incident of Ma’iz ibn Malik also gives the same message, in that the Imam should try his best to avoid the legal punishment. This is the reason why it is recommended to say to the one who confesses committing fornication that “You may only have touched, you may only have kissed, are you sure you had sex, think again properly of what you are saying and think of the consequences of your confession, and other such things. Due to the forgoing, the Fuqaha have laid down (based on the guidelines of the Qur’an and Sunnah) certain strict rules and conditions in order for a punishment to be established or enforced. These strict conditions can be seen in all of the various penalties that have been imposed. The following are certain rules and conditions for the punishment of committing adultery to be enforced, as mentioned in the books of Hanafi jurisprudence: 1) It is actual vaginal sexual intercourse (and not anal or oral intercourse) that takes place between a man and a woman. 2) The man and woman involved in this unlawful sexual intercourse are not married; neither is the woman a slave-girl of the man. 3) It is proven by four people testifying that they clearly observed the couple engaged in unlawful sexual intercourse without any doubt or ambiguity. They are able to say that they saw their private parts meet like the Kohl needle entering the Kohl bottle. The judge would ask them all the various details concerning the time and location of the incident, and who were the people involved and other such matters, in order to remove any doubt. 4) If the four witnesses take back their testimony before the actual punishment is enforced, then the punishment will be abandoned, and they (witnesses) will be punished for the crime of false accusation. 5) The witnesses are not allowed to delay their testimony from the time of the incident to the time of testifying. If they delayed testifying in the courts, the punishment will not be enforced, unless they were very distant from the Imam hence the delay was due to them travelling to the Imam. 6) The punishment of adultery is also proven if the perpetrator him/herself confesses to be guilty of the crime. He/she must be sane, mature (baligh) and must confess four separate times in four separate sessions that the crime was committed. The Imam will try to wave away the punishment as much as possible by saying to the confessor that “you may have only touched or kissed” and other such statements. The Imam will also inquire about the various details of the incident, and when the confessor explains everything without leaving any doubt or ambiguity, the punishment will be enforced. 7) If the confessor takes back his words before the punishment his enforced or during the punishment, he/she will be released and set free. (See: al-Ikhtiyar li ta’lil al-Mukhtar, 2/311-316 & other major Hanafi Fiqh references) The legal punishment: If the crime of fornication is carried out by an individual who is sane, mature, Muslim and is married to a spouse who is also sane, mature, Muslim, and that their marriage is consummated, then the legal punishment is that he/she will be stoned to death (rajm). The Imam, witnesses and other Muslims would take part in the stoning. If the witnesses refuse to take part in stoning the perpetrator, the punishment will be dropped, as this would be considered a sign of them taking back their testimony. If the crime of fornication is carried out by an individual who does not qualify to be in the above category, then the punishment is that he/she will be given 100 lashes. These whips and lashes will be spread over the body, avoiding the head, face and the private parts. A pregnant woman will not be whipped until she gives birth to her child and after her post natal bleeding (nifas). However, if she is to be stoned, then this may be carried out straight after giving birth. -
Who should/could attend the Bukhari graduation gatherings? It’s a common practice in many parts of the world wherein reliable ‘Ulama that complete their lessons of Sahih Bukhari invite the public to share in the blessings of the final lesson. Some individuals incorrectly object to this practice. The following is an explanation of the validity and merit if such a practice. May Allah Ta’ala increase such gatherings throughout the globe. Amin Attending gatherings wherein the Hadith of Rasulullah (sallallahu ‘alayhi wasallam) is recited draws the mercy of Allah Ta’ala and immense barakah in one’s life, irrespective of one’s academic credentials. (Muqaddimah ibnus Salah, pg.245-246) The lessons of the Muhaddithun in the past would be extremely crowded, a lot of the attendees – in some cases- were ‘non scholars’. Large crowds in the past 1) There would be up to five thousand attendees at the Hadith lesson of Imam Ahmad (rahimahullah) – demise: 241 A.H.-. Only five hundred where students and the rest were there to learn from him etiquette and manners of Islam. (i.e, practical aspects instead of the academics) (Siyar A’lamin Nubala, vol.11 pg.316; as in Adabul ikhtilaf, pg. 73) 2) The teacher of Imam Tirmidhi and Ibn Majah; Imam Abu Ja’far Al-Yami (rahimahumullah) – demise: 258 A.H.- said: “There was a time when we would attend Hadith lessons and you would only hear the sounds of those who were writing (i.e, students) or those who were crying (out of the effect of the Hadith, many of whom would have been those who were not writing, i.e, not students) (Ma’alim Irshadiyyah of Shaykh ‘Awwamah, pg. 239) 3) On one occasion, there were 120 000 attendees at the lesson of the Muhaddith; ‘Asim ibn ‘Ali ibn ‘Asim (rahimahullah) -demise: 221 A.H.- (Nukatuz Zarkashi, vol.2 pg.28-29) Bukhari completions 1) With specific reference to the gatherings of the completion of Sahih Bukhari, it is widely accepted among the Muhaddithun, that when Sahih Bukhari is completed, Allah Ta’ala accepts the du’a more speedily. (see a similar point in: Hadyus Sari, pg.16, Al-Wajhus Sabih, fi khatmil Jami’is Sahih, pg. 25 and Al-Fawaidud Darari, pg.156-157) 2) The Muhaddith and Mufassir; Ibn Kathir (rahimahullah) said: “Sahih Bukhari is a book that is recited for cure from illnesses.” (Al-Fawaidud Darari, pg.150) 3) When the Grand commentator of Sahih Bukhari; Hafiz ibn Hajar Al-‘Asqalani (rahimahullah) completed writing his commentary on Bukhari, he had a ‘Majlisul khatm‘ (a gathering of completion) which was attended by many ‘Ulama and non ‘Ulama. The last portion of the book was recited and the people were fed and given gifts too. (Ad-Daw-ul Lami’, vol.2 pg. 38 & Al-Badrut Tali’ pg.105) 4) The famous commentator of Riyadus Sawlihin and Al-Adhkar; Shaykh ibn ‘Allan (rahimahullah) writes: “The book (Sahih Bukhari) is filled with abundant good, with its completion one attains barakah (blessing) in all affairs and all harm and adversity is alleviated. (Al-Wajhus Sabih, fi khatmil Jami’is Sahih, pg. 25) 5) Ibn ‘Allan and Shaykh Al-‘Ajluni (rahimahumallah) -demise: 1162 A.H. have mentioned an incident wherein a Muhaddith completed the last portion Sahih Bukhari in the presence of the masses. (Al-Wajhus Sabih, fi khatmil Jami’is Sahih, pg. 24 and Al-Fawaidud Darari, pg.157) 6) Such gatherings are usually crowded, and the bigger the crowd the closer the du’a is to acceptance. (Mustadrak Hakim, vol.3 pg.347 and Al-Mu’jamul Kabir of Tabarani, Hadith: 3536 with a sound (hasan) chain, see Majma’uz Zawaid, vol.10 pg.170) 7) These gatherings generally have many pious saints in attendance. One is easily affected with their presence. In current day society, we need more of such opportunities… 8) By attending these completions, the layman is also encouraged to aspire for the same for himself or his children, or at least to support this noble cause of the preservation of our Din. 9) Several latter day Muhaddithun (Hadith masters) have authored dedicated books for the ‘Khatm (completion) of Sahih Bukhari’ Among them are: ‘Allamah Sakhawi (rahimahullah) -demise: 902 A.H. Hafiz Ibn ‘Allan (rahimahullah) -demise: 1057 A.H. and Shaykh ‘Abdullah Salim Al-Basri (rahimahullah) -demise: 1134 A.H. This, in addition to all of the above points show the importance given to such gatherings. Nobody should remain deprived of this! These are great bounties of Allah. May Allah Ta’ala increase the number of such gatherings in the world. 10) Shaykhul Hadith, Mufti Sayyid ‘Abdul Jalil Qasimi (may Allah protect him) – who is one of my Bukhari teachers- has authored a 7 volume commentary on Sahih Bukhari. At the end of this commentary, he has elaborated on this issue too. Unfortunately, the last few volumes of this book are still under print and I don’t have access to it as yet. Cautionary note Having said all of the above, the general masses are not to be exposed to the very academic discussions that take place in a Hadith class. This will become a cause for confusion. (Muqaddimah ibnus Salah, pg.244) Those who conduct Bukhari completions are generally aware of this. They usually provide more practical lessons in these gatherings, and do not engage in deep academic discussion except where necessary. One would observe that they also do not grant the ijazah (permission to transmit) to one and all. When these Hadith scholars (Shuyukhul Hadith) confer their ijazah, they stipulate that they are granting it to the graduating students, the other ‘Ulama etc. A new trend The recent trend of arranging public ‘maqra-ahs‘ (swift Hadith recitals) of certain books, like Sahih Bukhari etc. are indeed beneficial for the scholars, but harmful for the layman who doesn’t have a sound grounding in the basic subjects of the Islamic sciences. Such recitals should be held in controlled environments, for the scholarly only. An ‘under qualified’ layman cannot suffice on mere Hadith recitals like these after which ‘ijazah’ (permission) for transmitting Hadith is given to all. This could inflate one’s ego more than his knowledge! (see similar warnings in Muqaddimah ibnus Salah, pg.250) Attending a few gatherings of completion of Hadith books (like the khatm of Sahih Bukhari) for the purposes mentioned earlier is a different issue altogether and should not be viewed as a justification for the layman attending a maqra-ah. My Esteemed teacher, Al-Muhaddith Shaykh Muhammad ‘Awwamah (may Allah protect him) has discussed this (new trend of maqra-ahs) in his recent book; ‘Ma’alim Irshadiyyah’, pgs.188-194. See an explanatory translation of that section of the book here And Allah Ta’ala Knows best. al-miftah