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Q: Allah states in the Qur’aan [Anta Moulana] (You are our Master), then why do we call our scholars ‘Moulana’? A: Anyone who has basic knowledge of Arabic should know that the word Moulana emanates from the word Mawla. The root letters are ‘waw’ ‘lam’ and ‘yaa’ which means friend. This word is attributed to Allah as well as the Shaytaan in the Qur’aan. Allah says, ‘Allah is the Wali (friend) of those who have faith.’ (Surah2 Aayat 257). Allah states, ‘… And you will become a friend of Shaytaan.’ (Surah19 Aayat 43). The word Mawla has many meanings supported by verses of the Qur’aan and Ahaadith. Allah states, ‘For everyone we have many Mawaali (plural of Mawla).’ (Surah4 Aayat33). In the commentary of this verse, Imaam Bukhari [ra] explains the meaning of the word ‘Mawlaa’ as heirs. He then enumerates many more meanings of the word Mawla; a person who takes an oath, a cousin, brother, master of a freed slave, a freed slave and a creditor. (Bukhari vol.2 pg.658 - Shirkat Mukhtaar) The word Moulana in the verse ‘Anta Moulana’ means absolute Master. This surely is the right of Allah and no one is the absolute master besides Allah. This does not mean the word ‘Mawla’ cannot be used for others in another context. Rasulullah [sallallaahu alayhi wasallam] referred to Zayd [radhiallaahu anhu] as ‘Anta Moulana’ (You are our freed slave). (Bukhari vol.2 pg.660; Ibid). An Aalim of Deen deserves respect and honour. He holds a leading position among his people. This order is replete in Shari’ah. He should be addressed with honour and respect. The title Moulana is thus given to him which means – Master and Leader. Q: We often hear comments like Ulama should adjust the Shari’ah according to the needs of the time. For example, in today’s world, it will not be appropriate to state that a woman should not work as this is the trend of the world now. Is this correct? The impression is created that Ulama are backwards and do not keep up to the times. A: The Ulama-e-Haqq are well aware of their responsibilities. They are also
aware of the facilitating nature of Shari’ah based on time and need. They have
carried out their responsibilities in every time and era to preserve the
pristine purity of Deen. In a recent research by the Universities of Bristol, Bath and Kent, it was revealed that working mothers juggling the demands of a career undergo a stressful experience. Cortisol, a hormone which regulates blood pressure and controls the heart and immune system in such women is exceptionally high. The research also found that there is overwhelming evidence to suggest that most career pursuing women prefer to stay at home. (The Star, Tuesday, November 2005) The modern trend is hypocritical to the research of the modenists. Could the Ulama-e-Haqq submit to such hypocrisy? Q: I attended a used-truck auction sale. The bid was awarded to me against another Muslim brother who told me before the auction that he does not own anything in the fleet. I collected the vehicle which broke down many times en route from the auction site. When I examined the official documents, I realised that the Muslim brother who was bidding against me was the owner of the truck and he subsequently confirmed that. Am I bound by the sale in the auction as I was deceived? A: If the auctioneer was representing the owner of the vehicle, then it was incorrect for the owner of the vehicle to bid for the vehicle. This is deception. (Bukhari Hadith2142; Dar al-Hadith, Cairo) According to the Shari’ah, you have the right to dissolve the transaction. (Dars-e-Tirmidhi vol.4 pg.168; Dar al-Kitab, Deoband) The Muslim brother is duty bound by Shari’ah to take back the vehicle and return the money to you. He should also repent for his wrong and deceptive way of dealing. CLARITY ON RULING The exchange of different currencies, for example, Rands/Dollars on credit from both sides is prohibited. If one currency, for example, Dollars is cash and the other currency, for example, Rands is credit, then it is permissible on condition the exchange is on the spot rate. Q: We hear conflicting views about the Al-Ansaar Foundation. Many Ulama severely criticize the Foundation as it promotes a philosophy which goes against Shari’ah and the way of our pious predecessors. There were also anti-Ulama sentiments expressed in their radio programmes. There was an interview with Abu Amina Bilaal Phillips. He made derogatory remarks against Imaam Abu Hanifa [ra]. He also condemned Tasawwuf. A woman presenter claimed to be a Salafi and expressed her own view on Niqaab. The term ‘Salaami’ was referred to in a derogatory way. We have contributed large sums of money to the Foundation as we were informed that the Darul Ifta is on the Shari’ah Supervisory Board of Al-Ansaar and some Ulama actively participate on the station. What are your comments? A: A group of Ulama did meet with the executives of Al-Ansaar previously and expressed their concerns about many un-Islamic issues of Al-Ansaar. An Ulama Supervisory Board was suggested to regulate the Shar’ee aspects of the radio station. We have now realised that it was just a front as the Foundation continues promoting its un-Islamic philosophies some of which you have stated. While a handful of Ulama may be sincere in their endeavours to contribute to the radio station, they are unfortunately used by the Foundation to promote their agenda. Why would Al-Ansaar then not adhere to the reforms suggested to them by the Ulama which is representative of the views of the vast majority of the Ulama? Why would they link up with so-called Aalims from abroad and enquire about their views? Why would they permit a non-Aalima woman presenter to express views on Shari’ah? That’s the value attached to even those Ulama who sincerely contribute to Al-Ansaar. The tendency of Al-Ansaar to pick and choose some views is nothing but promoting their agenda and following their Nafs in the name of different views and tolerance. Will such an attitude be conducted by a surgeon when attending to a critically ill heart patient? The Darul Ifta distances itself from the Al-Ansaar Foundation and its un-Islamic activities as aligning itself with Al-Ansaar and contributing to its programmes is assisting in sin and helping in establishing a distorted and new brand of Islam. Allah Ta’ala states, ‘And do not assist in sin.’ (Surah5 Aayat2). This is also the sentiments expressed by the vast majority of the Ulama and upright people. It is compulsory upon every Muslim to condemn and stop the open wrongs of Al-Ansaar instead of merely listening to the programme out of curiosity and to know what is happening in town. Do not be duped by another tactical front by Al-Ansaar. The reformation must be real and genuine with an open declaration of the wrongs by the management and executives of Al-Ansaar. REPORT ON SHARI’AH COMPLIANT On 22nd Rajab, corresponding to 28 August 2005, the Darul Ifta held its fifth Shariah Compliant Business Campaign. Alhamudulillah, the Campaign was a great success and was attended by approximately a thousand (1000) people from all around the province of Kwa Zulu Natal and from other provinces as well. Every person was offered a gift pack which also included the newly published Shariah Compliant Business Campaign book and an awareness Shariah Compliant sticker. The programme commenced at 10:00 am and there were two sessions. In the first session, the moral aspects of business were addressed and in the second session the technical (Masaa’il) aspects of business and trade were discussed. There was a refreshment break of fifteen minutes between the two sessions. This year’s topics were: independence of transactions, sale of debts, securities, money exchange, forms of loans and announcements on different products. The Darul Ifta’s certification of Wesbank car financing (Ijarah) product was announced with conditions. The Darul Ifta has not certified the participation account of Wesbank as yet. The Darul Ifta wishes to place on record that it does not charge any fee and does not receive any benefit whatsoever for devising Shari’ah compliant products and/or certifying such products. The Darul Ifta wishes to avoid commercialising Shari’ah compliancy in Business and Economics. The wisdom behind this policy is obvious. There was also a question and answer session on business related issues. This campaign of the Darul Ifta is all year round. The Darul Ifta is regularly engaged in meetings related to business and economics. Alhamdulillah, now, representatives of different professions meet with the Darul Ifta seeking Shariah compliance in their field of practice. Copies of the programme are available on CD and cassette from the Madrasah and the official book store of the Madrasah, Al Inaam Book Shop at 122 Crescent Street, Overport; opposite Musjid Al Hilaal, in Durban. SHARIAH COMPLIANT DATABASE Alhamdulillah, the Darul Ifta has a wide and successful Shariah Compliant business ruling database. You may subscribe to our database for regular advice and rulings on business and economics at alinaam@alinaam.org.za. Also, take note of the change of our site from askimam.com to www.askimam.org Related Reading
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