Posts

Showing posts from November, 2022

A Rejoinder to: Fiqh for Minorities - A Source Methodology and Framework Approach part 5

Image
  Fiqh for Minorities: A Source Methodology and Framework Approach by Mufti Muḥammad Haffejee was presented at the Southern African Ulama Conference, Eswatini [30 September 2022 – 2 October 2022]. The objective of the paper was covered in part 1 of the rejoinder. Part 2 of the rejoinder covered the sources of the ideas of new terms to be employed in Fiqh Al-Aqalliyāt. In part 3, the incident of the Noble Ṣaḥābah raḍiyallāhu ‘anhum who migrated to Ḥabasha was discussed. In part 4, the verse of the Noble Qur’ān presented as the source for ‘Fiqh for Minorities’ was presented with the explanation from the genuine and true scholars of Islām. In part 5, a response is presented to some of the issues raised by the advocate for Fiqh for Minorities. The following two aḥādīth must be borne in mind throughout the seemingly complex discussion on Fiqh for Minorities;   Sayyidunā Abū Najīh al-‘Irbād ibn Sāriyah raḍiyallāhu ‘anhu reports: Rasūlullāh ṣallallāhu ‘alayhi wa sallam delive...

A Rejoinder to: Fiqh for Minorities - A Source Methodology and Framework Approach part 4

Image
  Fiqh for Minorities: A Source Methodology and Framework Approach by Mufti Muḥammad Haffejee was presented at the Southern African Ulama Conference, Eswatini [30 September 2022 – 2 October 2022]. The objective of the paper was covered in part 1 of the rejoinder. Part 2 of the rejoinder covered the sources of the ideas of new terms to be employed in Fiqh Al-Aqalliyāt. In part 3, the incident of the Noble Ṣaḥābah raḍiyallāhu ‘anhum who migrated to Habasha was discussed. In part 4, the verse of the Noble Qur’ān presented as the source for ‘Fiqh for Minorities’ will be presented with the explanation from the genuine and true scholars of Islām. Mufti Muḥammad Haffejee quoted verses 7 and 8 of Sūrah Al-Mumtaḥinah as the need and basis for a ‘Fiqh for Minorities.’ Firstly, he has exposed his scant reading of the Tafsīr of the Sūrah and his strawman approach to the issue he supposedly wants the Muslim community to adopt. Shaykh Muḥammad ‘Alī As-Ṣābūnī raḥimahullāh states about Sūr...

A Rejoinder to: Fiqh for Minorities - A Source methodology and Framework Approach part 3

Image
  Fiqh for Minorities: A Source Methodology and Framework Approach by Mufti Muḥammad Haffejee was presented at the Southern African Ulama Conference, Eswatini [30 September 2022 – 2 October 2022]. The objective of the paper was covered in part 1 of the rejoinder. Part 2 of the rejoinder covered the sources of the ideas of new terms to be employed in Fiqh Al-Aqalliyāt. In part 3, clarity will be provided on the incident of the Noble Ṣaḥābah raḍiyallāhu ‘anhum who migrated to Habasha, and their blessed biographies will, Inshā Allāh, be purified from misrepresentation and the slander directed towards them. At the outset, it seems odd, or, co-incidental, or, convenient to notice the trend amongst advocates for Fiqh for Minorities to quote the incident of Habasha for their cowardly attempt to scuttle and subvert the Sharī’ah. Mufti Muḥammad Haffejee has employed his own Ijtihād, or has copied and pasted the Ijtihād of others, like Taha Jabir Al-Alwani to establish that Muslim Mino...

A Rejoinder to: Fiqh for Minorities - A Source Methodology and Framework Approach part 2

Image
  Fiqh for Minorities: A Source Methodology and Framework Approach by Mufti Muḥammad Haffejee was presented at the Southern African Ulama Conference, Eswatini [30 September 2022 – 2 October 2022]. The objective of this paper was covered in part 1 of the rejoinder. Hereunder, the discussion on the source of the ideas presented in the paper will be dealt with, so as to gain a clearer picture of the ‘meaningful practice of a Fiqh for Minorities.’ Study the following lines from the paper: 1.       ‘Although early scholars did not recognize the Fiqh of minorities as an independent discipline of Fiqh, this does not mean that its principles and objectives have not always been there influencing their Fatāwā and judgements.’ 2.       ‘Rather, it is to provide a guided openness to carefully adopt, exercise, and even give expression to principles such as:- Al-I’tibār bimaa Ya’ool, Iqtidā al-naṣ, Istiḥsān, ‘Urf, Ḍarūrah and Ḥājah...

A Rejoinder to: Fiqh for Minorities - A Source Methodology and Framework Approach Part 1

Image
  Fiqh for Minorities: A Source Methodology and Framework Approach by Mufti Muḥammad Haffejee was presented at the Southern African Ulama Conference, Eswatini [30 September 2022 – 2 October 2022]. This paper, ostensibly promotes the concept of Fiqh for Minorities (Fiqh Al-Aqalliyāt) as not something novel, but sourced in the Noble Qur’ān. Naturally, such a claim must satisfy the curiosity that subsequently arises. This brings us to the first question that this rejoinder poses. What is the need for such an endeavor? As matters stand, there has been nothing of substance in the paper presented that answers this question. From this, it can be safely said that this is a project or endeavor to slip in the new and do away with the old, i.e., acceptance and embrace of Modernism accompanied by dismissal and dissolution of Traditionalism. Such endeavors have been attempted by other religions in the past, leading to destruction of the entire building of the religion. Examples of people ...