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Old 07-03-2012, 07:39 PM   #34
Nicihntm

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Oct 2005
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You'd have to ask a Shafi'i for this. For your quotes, they may have been cited by a non-Shafi'i. Many times, some Shafi'i ulama may be cited to show one side of the story but it may not be representative of the madhhab. Another issue that is given a similar treatment is the issue of the beard, where non-Shafi'is end up quoting some Shafi'is who held beliefs about the beard that were not the contemporary mu'tamad opinion of the madhhab. Similarly, some Hanafis, in their effort to legitimize things that are clearly forbidden in the Hanafi madhhab resort to referring to a small minority of Hanafis but largely rely on the opinion of non-Hanafis.

This is the case with this very issue of building over graves, which is forbidden in the Hanafi madhhab, but some people try to legitimize it by referring to minority opinion in the madhhab or to ulama outside of the madhhab. Salafis in general should not really have a problem with this difference of opinion, though, since there are varying differences of opinion among the Salafiyyah as well. Another controversial issue that comes to mind (upon which there is almost unanimous agreement as to its prohibition) is touching ghayr mahram women - and Yasir Qadhi doing this by shaking hands with some Egyptian woman. This was followed by people defending him and justifying his act by citing minority opinions.
so those hanafis taht do this woudl have no right blasting "ghair muqalids" then? This sounds like pure hawa. they want soemthing to be halal so find a way to make it halal. Ive heard hanafis quote other madhabs on bid'ah hasanah too.

here is teh shaafi quotes:

Imam ash-Shafii said: "I prefer that the soil used for a grave be no more than that dug for that grave. I like to see a grave raised above the ground the length of a hand or so. I prefer not to erect a structure over a grave or to whitewash it, for indeed this resembles decoration and vanity, and death is not the time for either of these things. I have never seen the graves of the Muhajirin or Ansar plastered. I have seen the Muslim authorities destroying structures in graveyards, and I have not seen any jurists object to this."[Kitabul Umm]


Imam ash-Shaafi’i said: “I detest that a creature [of Allaah (subhaanahu wa ta’aala)] be sanctified to a degree that his tomb becomes like a mosque [to which Salaat is performed] the thing that leads people astray.” [Al-’Umm (Vol. 1, Pp. 246)]

Ibn Hajar al Haythami As-Shafi'i said in his az-Zawajir: (This is a collection of legal verdicts, pubhshed when king Al-Zahir decided to destroy all the buildings in the graveyards. Coeval Islamic scholars collectively supported him saying to do so was incumbent upon the ruler)

"We should not hesitate to destroy mosques and domes built over graves. These are worse than the mosque of adDirar, because these things are erected in disobedience to the Messenger of Allah, peace be upon him. The Prophet, peace be upon him, has forbidden this and has ordered the destruction of raised graves. Every lamp or lantern placed over a grave must be removed. It is not correct to stop at a grave or make a vow at it. " as quoted in Fiqh-us-Sunnah

So I guess my question is, do the people at sunni forum have a problem with raising a shrine above a dead shaikh, and do you consider it to be a bad thing when its destoryed (overlooking whether its done in a wise manner)
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