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Old 08-24-2008, 02:52 AM   #21
Fertassa

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You're right, Br. Abuhajira.
We want to take on those Fatwas that fit our own intellectual. But, don't you think layman's life becomes tough with such differences among our Ulemas as to where to go or which one to follow.


What do you suggest the ulama do? Compromise their own understanding? You should choose the ruling of the mufti who you agree with when it comes to methodology and approach to an issue, not because you agree with the result.
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Old 08-24-2008, 03:10 AM   #22
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A general principle is given by Mufti Desai in these matters.. that if you find that the mufties you trust in have a different of opinion and you are confuse who to follow, then follow the more severe one because that will be more cautionary.

Quote " then follow the more severe one because that will be more cautionary."

Asalaamualaykum.


It is not wajib to follow a mufti but to suggest " Severe" is better well depends on what you mean here because the whole world witnessed severe in afghanistan and people ended up dead because there beard was too short, or woman who didnt have a burkha on was shot dead.

Lets look at this word severe.
adj., -ver·er, -ver·est.
From the latin word sevērus,meaning serious, strict!

Unsparing, harsh, or strict, as in treatment of others: a severe critic.
Marked by or requiring strict adherence to rigorous standards or high principles: a severe code of behavior.
Stern or forbidding, as in manner or appearance: spoke in a severe voice.
Extremely plain in substance or style: a severe black dress.
Causing great discomfort, damage, or distress: a severe pain; a severe storm.
Very dangerous or harmful; grave or grievous: severe mental illness.
Extremely difficult to perform or endure; trying: a severe test of our loyalty.


We have to be careful when dealing with words as they really do carry weight.

The path is the middle path , as muslims we was advised by Sayyiduna Muhammad [saw] not to fall into extremism and being too harsh and strict leads down the road of extremism and we have lots of history among the ummah of extremist ideas which end up in many innocent lives taken.
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Old 08-24-2008, 03:18 AM   #23
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sidi Celt,

though we give you the respect of being an setlled user here, we dont quite give you the same rank of intellectual understanding that we would gladly accept your rash comments about our Ulama and Mufties.

When I say difference of opinion within the hanafi madhab, it means that both are academically established based on the Usools of the madhab.

Any ruling giving based on the accepted usools thereafter, whether severe or lineant will be according to the mufti and his faqaha, firasah and many other matter.

When I say severe, from which corner of intellect do you deduce that it means enforcing that opinion on the world. Did I, Mufti Desai or other hanafi following his opinion go out on streets, throwing ppls digicams to the floor saying it is haram? La Hawla wala quwata illa billah..

Sidi, you are doing DJ'ing in the name of Islam.. from my view thats a mockery.. yet have I ever said that if you dont stop it I will do this or that. Come on sidi, come to the ground... Mufti has passed a fatwa, wellgrounded in usool, and fiqh. It is NOT a minority view unlike you make it out to be. You making that mention shows that you lack knowledge in the field.

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Old 08-24-2008, 03:21 AM   #24
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sidi Abu Haris, as far as I know the website is a salafi website and Mufti Desai is Deobandi Hanafi. In that case the answer you posted does not clarify the hanafi view of it and the its difference within hanafiya

وعليكم السلام ورحمة اللهForgive me, brother, and thank you for pointing that out.
والسلام
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Old 08-24-2008, 03:22 AM   #25
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True, Br. Celt Islam.
In fact, right after reading Abuhajira's reply, I too looked for the meaning of 'severe' several times in various dictionary.
You can not expect laymen to follow the strict one. It makes one's life very struggling and I' m really confronting it now a days.
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Old 08-24-2008, 03:35 AM   #26
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What do you suggest the ulama do? Compromise their own understanding? You should choose the ruling of the mufti who you agree with when it comes to methodology and approach to an issue, not because you agree with the result.
What I would suggest them to do is to have a round table conference (not corporeal), we got many other means to get connected with each other. Make one mufti with superior knowledge as a chairperson. After discussing and hearing from each director (Muftis) come to a common conclusion (Fatwas) that is firm and rigid. This way laymen would not have any other option but to follow it and would also be saved from the confusion of what to do.
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Old 08-24-2008, 03:38 AM   #27
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True, Br. Celt Islam.
In fact, right after reading Abuhajira's reply, I too looked for the meaning of 'severe' several times in various dictionary.
You can not expect laymen to follow the strict one. It makes one's life very struggling and I' m really confronting it now a days.


Rasulullah have left Ulama as the guide for his Ummah. It is the duty of the mufti that if he feels that something is unacceptable in islam, that he be stern in it. otherwise not much will differ him from the Bani Israel who would make haram halal for mere measely worldly gains.

Regarding digital picture, the view of impermissibility is well accepted. It is on a very academic level that Mufti Taqi has stated that it is not strictly "Tasweer". This does not warrant that he is giving complete permissibility of it. Even so, if a mufti says that it is strictly permissible, that would mean that in the bare minimum it is permissible. It does not mean that it is all fine for the Ummah to engage in it.

This is why I asked you to understand from the majalis of mufti taqi. Why doesnt he have many digital pictures of himself on net? I mean it is his view that it is not "Tasweer". He does not make a big fuss of it... because of this opinion but neither does he goes arround posing for digi cams just because he thinks it permissible.

There are many things which are such that even if they are permissible, they are not in the best interest of the Ummah's layman. today we are feeling hard in pictures, tomorrow we will clutch for minority opinions in music, singing, shaving, praying only faraidh, uncovering head, ettiquettes issues... Wait.. many of our muslim ummah are currently doing the exact thing!

Severe is too harsh a word? How about the "stricter" opinion.. Both are acceptable opinions so one cannot say more correct opinion, or more pertinant opinion.. for who will decide what is more correct and more pertinent.. Strictness in fatwa position will warant a more cautionary approach.

Rasulullah cautioned us not to graze our cattle on the boundries of the pastures.. meaning not to take matters which are in the grey area of confusion lightly.. If one gets confused in permissibility and hurma in some doubtfull, caution demands that hurma will be given preference as that will keep one away from falling in the haram, had it been haram. And had it been permissible then avoiding from permissible in itself is not something wrong.

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Old 08-24-2008, 03:41 AM   #28
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sidi Celt,

though we give you the respect of being an setlled user here, we dont quite give you the same rank of intellectual understanding that we would gladly accept your rash comments about our Ulama and Mufties.

When I say difference of opinion within the hanafi madhab, it means that both are academically established based on the Usools of the madhab.

Any ruling giving based on the accepted usools thereafter, whether severe or lineant will be according to the mufti and his faqaha, firasah and many other matter.

When I say severe, from which corner of intellect do you deduce that it means enforcing that opinion on the world. Did I, Mufti Desai or other hanafi following his opinion go out on streets, throwing ppls digicams to the floor saying it is haram? La Hawla wala quwata illa billah..

Sidi, you are doing DJ'ing in the name of Islam.. from my view thats a mockery.. yet have I ever said that if you dont stop it I will do this or that. Come on sidi, come to the ground... Mufti has passed a fatwa, wellgrounded in usool, and fiqh. It is NOT a minority view unlike you make it out to be. You making that mention shows that you lack knowledge in the field.

Asalaamualaykum.

interesting how you have to result in open personal attacks which is inself a form of fitna and with the blessed month about to befall upon us you have to stir up the pot again with personal red herrings.

What i do as an established musician actually has nothing at all to do with this topic of ijtihaad on webcams, plus from the point of veiw from my own teacher shaykh ali laraki , he doesnt judge me for what i do because he is one of those few who knows what becomes of my hard work as a performer and light entertainer.
Plus lets get some fact straigh shall we no? I am not a Dj nor do i work in scumy clubs, i perform at festivals and music venues which is worlds apart from night club filled with drunken idiots. The alternative music scene i am involved in is the total opposite to mainstream commercial garbage, the people i play to are open minded anti globalist and anti consumerist which are the best people for me to communicate with through my artform which is an expression of my hearts desire for ALLAH and his messenger Sayyiduna Muhammad [saw].


I am fully aware of Mufti desai and his fatwas sidi and he does what he is able within his own limited ablity as a hanifi mufti , sometimes he makes a mistake and thats what is human about us all, we all make mistakes and make judgements we later repent from.

I repect and love Mufti Desai although i disagree with some minor issues, we cannot all agree and thats a fact of life.

Each to their own and may ALLAH guide us all always ameen

ma salaama
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Old 08-24-2008, 03:42 AM   #29
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What I would suggest them to do is to have a round table conference (not corporeal), we got many other means to get connected with each other. Make one mufti with superior knowledge as a chairperson. After discussing and hearing from each director (Muftis) come to a common conclusion (Fatwas) that is firm and rigid. This way laymen would not have any other option but to follow it and would also be saved from the confusion of what to do.


1. There do exist Jameatul Mufteen in many places.. We have in S.Africa as well.. Please do find out what Jameatul Mufteen of India has to say about digital image.

2. Severe is too enforcing yet...rigid is fine?

Dictionary.com Unabridged (v 1.1) - Cite This Source - Share This
rig·id Audio Help /ˈrɪdʒɪd/ Pronunciation Key - Show Spelled Pronunciation[rij-id] Pronunciation Key - Show IPA Pronunciation
–adjective...
3. inflexible, strict, or severe: a rigid disciplinarian; rigid rules of social behavior.
...

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Old 08-24-2008, 03:49 AM   #30
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Asalaamualaykum.

You are right.. I will leave the personal views aside.. and only deal with subject here..


I am fully aware of Mufti desai and his fatwas sidi and he does what he is able within his own limited ablity as a hanifi mufti , sometimes he makes a mistake and thats what is human about us all, we all make mistakes and make judgements we later repent from. For one sure thing, mufti desai has not made any mistake here. you simply lack knowledge and understanding to tackle the issue.

I repect and love Mufti Desai although i disagree with some minor issues, we cannot all agree and thats a fact of life.

Each to their own and may ALLAH guide us all always ameen

ma salaama and sidi this is where you completely do not understand.. You do not have the right or the capacity to disagree with Mufti Desai He is a hanafi Mufti.. You are a maliki. His opinion does not concern you. and even if it did, you are a layman ... your diagreement will mean nothing in academic arena.

Secondly, If anything can be said here for the benefit of the thread .. it has to be from Hanafi view, and not opinions of other madhahib.. We cannot and do not enforce our view on anyone...

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Old 08-24-2008, 04:00 AM   #31
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Question
AssalamAlaikum, I live away from my parents with my husband. Alhumdulillah we are both trying to practice Islam completely. We believe in not take taking pictures as it is Haraam. I would like to know if I can see my parents on a WebCamera? They are also missing us ,and want us to get one too so that they can see us.We think its not allowed in Islam. But is it ok if we are watching only our mehrams? Please explain if not. JazakAllah!!

Answer

Kindly find below information on the actual operation of a webcamera from an electric engineer. In view of the abovementioned procedure, it is not permissible to use a webcamera.

and Allah Ta'ala Knows Best
Mufti Ebrahim Desai


The way a webcam (camera used with a computer on the Web) is as follows:

1) The camera takes a still image snapshot every few seconds. This is a digital camera so the data can be transferred to a computer.
2) A software program extracts the picture in digital format and generates a file on the PC.
3) The file is then transmitted over the internet using a FIle Transfer protocol (FTP) program. Depending on the software capability the image on the recepients side can be automatically updated, so looks like real live transmission. The update rate is programmable and can be made fast enough that the image looks live.

So based on the above three principles, the image is a still image taken every few seconds, it is also stored, not by hand but by the software and then is transferred over the internet using a File Transfer Program.

By the time the image is gone to the recepient, it seems that its live as all the data capture if fast and automated, processing and storage and transfer is done by the software.

http://www.askimam.org/fatwa/fatwa.p...1b95fee2106093


Digital Images should not be kept out of caution due to difference of Opinion..

Question


I was wondering whether it is permissible to take digital photographs if they are not printed and only kept safe in the disk. I have heard that digital images are not in the true sense pictures.

Answer


There are differences of opinion among the Fuqahaa (jurists) regarding the definition of a picture.

According to the majority opinion, a picture is in durable form, hence, digital pictures does not fall in the category of picture-making which is Haraam. since there is a difference of opinion, we advise that digital pictures should not be made or kept without need.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
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Old 08-24-2008, 04:09 AM   #32
Anakattawl

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You are right.. I will leave the personal views aside.. and only deal with subject here..




For one sure thing, mufti desai has not made any mistake here. you simply lack knowledge and understanding to tackle the issue.



and sidi this is where you completely do not understand.. You do not have the right or the capacity to disagree with Mufti Desai

Secondly, If anything can be said here for the benefit of the thread .. it has to be from Hanafi view, and not opinions of other madhahib.. We cannot and do not enforce our view on anyone...


Asalaamualaykum.

Quote You do not have the right or the capacity to disagree with Mufti Desai


As you dont know me in person i suggest you dont make such alarming claims of one being intellectually challanged in respect to Mufi or you in that matter.

As for the capacity to reason well I am fully aware of my own knowledge of such matters within maliki fiqh and also from the veiw point of the scholars from among the shia ulama of Qom and Isfahaan.

You see sidi i may not be a scholar in the modernist technical term but ALLAH knows my ability to make a just intellectual response from my heart to queston what i seem fit ! this is my given right as a human being.

Are you saying that people cannot queston scholars ?

As for not having a right to disagree well sorry but iam not into facism i beleve that all people have a right to speak out, one cannot shut people up with such beliefs sidi , i think you are over stepping the mark here in adab and courtesy and i say with respect, please alter the tone here for all you do is belittle intellectualism .

Let people speak out and queston everything because thats how the truth is heard.
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Old 08-24-2008, 04:11 AM   #33
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1. There do exist Jameatul Mufteen in many places.. We have in S.Africa as well.. Please do find out what Jameatul Mufteen of India has to say about digital image.

2. Severe is too enforcing yet...rigid is fine?

Dictionary.com Unabridged (v 1.1) - Cite This Source - Share This
rig·id Audio Help /ˈrɪdʒɪd/ Pronunciation Key - Show Spelled Pronunciation[rij-id] Pronunciation Key - Show IPA Pronunciation
–adjective...
3. inflexible, strict, or severe: a rigid disciplinarian; rigid rules of social behavior.
...

Thanks for telling that suchround table conference does exist and that too in India as well. I'll surely try to find out one.

And BTW, by rigid I meant Fatwa issued collectively not an individual Mufti's Fatwa (which some people found contentious). Thanks again for telling me the meaning of rigid.
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Old 08-24-2008, 04:24 AM   #34
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Question
AssalamAlaikum, I live away from my parents with my husband. Alhumdulillah we are both trying to practice Islam completely. We believe in not take taking pictures as it is Haraam. I would like to know if I can see my parents on a WebCamera? They are also missing us ,and want us to get one too so that they can see us.We think its not allowed in Islam. But is it ok if we are watching only our mehrams? Please explain if not. JazakAllah!!

Answer

Kindly find below information on the actual operation of a webcamera from an electric engineer. In view of the abovementioned procedure, it is not permissible to use a webcamera.

and Allah Ta'ala Knows Best
Mufti Ebrahim Desai


The way a webcam (camera used with a computer on the Web) is as follows:

1) The camera takes a still image snapshot every few seconds. This is a digital camera so the data can be transferred to a computer.
2) A software program extracts the picture in digital format and generates a file on the PC.
3) The file is then transmitted over the internet using a FIle Transfer protocol (FTP) program. Depending on the software capability the image on the recepients side can be automatically updated, so looks like real live transmission. The update rate is programmable and can be made fast enough that the image looks live.

So based on the above three principles, the image is a still image taken every few seconds, it is also stored, not by hand but by the software and then is transferred over the internet using a File Transfer Program.

By the time the image is gone to the recepient, it seems that its live as all the data capture if fast and automated, processing and storage and transfer is done by the software.

http://www.askimam.org/fatwa/fatwa.p...1b95fee2106093


Digital Images should not be kept out of caution due to difference of Opinion..

Question


I was wondering whether it is permissible to take digital photographs if they are not printed and only kept safe in the disk. I have heard that digital images are not in the true sense pictures.

Answer


There are differences of opinion among the Fuqahaa (jurists) regarding the definition of a picture.

According to the majority opinion, a picture is in durable form, hence, digital pictures does not fall in the category of picture-making which is Haraam. since there is a difference of opinion, we advise that digital pictures should not be made or kept without need.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
Do our Muftis use their brain up to that extreme (technically)?
One question: Can we take different Fatwas from different Muftis belonging to same School of thought?
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Old 08-24-2008, 06:14 AM   #35
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Asalaamualaykum.

Quote You do not have the right or the capacity to disagree with Mufti Desai


As you dont know me in person i suggest you dont make such alarming claims of one being intellectually challanged in respect to Mufi or you in that matter.

As for the capacity to reason well I am fully aware of my own knowledge of such matters within maliki fiqh and also from the veiw point of the scholars from among the shia ulama of Qom and Isfahaan.

You see sidi i may not be a scholar in the modernist technical term but ALLAH knows my ability to make a just intellectual response from my heart to queston what i seem fit ! this is my given right as a human being.

Are you saying that people cannot queston scholars ?

As for not having a right to disagree well sorry but iam not into facism i beleve that all people have a right to speak out, one cannot shut people up with such beliefs sidi , i think you are over stepping the mark here in adab and courtesy and i say with respect, please alter the tone here for all you do is belittle intellectualism .

Let people speak out and queston everything because thats how the truth is heard.


sidi , you have all my respect and love as a muslim brother .. but your view and opinion in the matter of academics of deen are as meaningless as your views of anatomy in front of a surgeon.

If you take that as a belitteling and contrary to adab, then I cannot be held liable for it. We cherish this deen and its knowledge. A knowledge such that much of it was unknown to us without the ijtihaad of Aimma.. and when you get recognized as the same level as those Imams we will gladly hold your opinion in that regard as well.

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Old 08-24-2008, 06:18 AM   #36
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Do our Muftis use their brain up to that extreme (technically)?
One question: Can we take different Fatwas from different Muftis belonging to same School of thought?


What is ideal for a layman is to choose one daruliftaa and follow its fatwas. If a person has had more than basic aquaintance in the field of fiqh and knows many ulama and have close connection to more than one, then he may choose a mufti who specializes in a specific fied, and within that field accept his fatwas.

e.g in field of economics, I follow mufti Desai completely. In food matters I resort to Mufti Bobat Saheb (who is a Halal Investigator).. in aspects relating to modern technology or law etc I ask Maulana Vawda Saheb..

It all revolves around your confident in the Mufti.

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Old 08-24-2008, 09:39 AM   #37
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[FONT="Arial Narrow"][SIZE="4"]Asalaamualaykum.

interesting how you have to result in open personal attacks which is inself a form of fitna and with the blessed month about to befall upon us you have to stir up the pot again with personal red herrings.

What i do as an established musician actually has nothing at all to do with this topic of ijtihaad on webcams, plus from the point of veiw from my own teacher shaykh ali laraki , he doesnt judge me for what i do because he is one of those few who knows what becomes of my hard work as a performer and light entertainer.
Plus lets get some fact straigh shall we no? I am not a Dj nor do i work in scumy clubs, i perform at festivals and music venues which is worlds apart from night club filled with drunken idiots. The alternative music scene i am involved in is the total opposite to mainstream commercial garbage, the people i play to are open minded anti globalist and anti consumerist which are the best people for me to communicate with through my artform which is an expression of my hearts desire for ALLAH and his messenger Sayyiduna Muhammad [saw].
As salamu alaikum sidi!! Long time no see, how are you? Mashallah I must confess I would love to have a scholar like Ali Laraki in my locality, it's great that you get to learn from him. Keep up the good work. : )
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Old 08-24-2008, 09:45 AM   #38
Seesspoxy

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Here are two relevant fatawa:

--------------------------------------------

Question:

Is anything halal?

Answer:

Thank you for your query.

Everything is haram.

and Allah Ta'alla Knows Best

Maulana Mufti Fulan ibn Fulan
Fatwa Dept.

Checked and Approved by: Maulana Mufti Fulan al-Fulani

---------------------------------------


Ruling on things being haram


Is there anything which is halal?

Praise be to Allaah.

We put the following question to the Standing Committee, which replied as follows:

There is nothing in the world that we know of that is halal.

Fataawa al-Fulani al-Fulaan li'l-Fulaniyyah wa'l-Ifta 22/35.

See the answer to question no. 42992.

Based on that:

You should put a stop to everything, otherwise you may commit a sin. Do not hesitate about this matter, and you will see the effect of that in your religious commitment and in your provision (rizq), if you seek reward from Allaah in this matter.

And Allaah knows best.

Sheikh Fulan ibn al-Fulan al-Fulani
Fulan.com
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Old 08-24-2008, 09:47 AM   #39
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Question:

Is anything halal?

Answer:

Thank you for your query.

Everything is haram.

and Allah Ta'alla Knows Best,
Maulana Mufti Fulan ibn Fulan
Fatwa Dept.

Checked and Approved by: Maulana Mufti Fulan al-Fulani
what a mockery of islam.
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Old 08-24-2008, 09:57 AM   #40
Seesspoxy

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what a mockery of islam.
As-Salam Alaykum,

Cmon, bro. Lighten up. And I added another fatwa too. So check it out!

Fi Aman Allah
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