Question

Respected Mufti Saheb

Assalamualaikum Wa Rahmatullahi Wa Barakaatuh

I have over the past many years been a dedicated reader of the Majlis, and have greatly benefited from the articles contained within. I am also greatly impressed by your stance of telling the Truth/Haq irrespective of whether one likes it or not. It is unfortunate that the Ummah are today lacking those Allah fearing Ulama, who have this quality of opposing Baatil/Wrong for fear of backlash from the Public. May Allah Almighty give you Sihat and Tandurusti, and give you the zeal to continue with this great mission of Haq. And please make dua for me that may Allah give me the Towfeeq in portraying the truth irrespective of what people think. And May Allah grant me Sincerity in the work I do.

Aameen.

 

Mufti Saheb as you maybe aware that the Hilal issue is a cause of great indifference within the Muslim Communities here in the UK, and it seems that many Ulama who have a significant influence over the masses here, are brushing this important issue under the carpet, and choosing to remain silent, leading to Ramadan and Eids being celebrated on two separate days in one household.

 

There is a group led by Ulama who are adamant on blind following Saudi Arabia on Hilal decisions. This year despite the Saudi Supreme court admitting that Shawwal had 30 days, as on Saturday the 9th of October no one sighted the moon with the eye or with telescope, (Please see below)

http://www.spa.gov.sa/details.php?id=832736&lite=

 

This would mean that the Saudi supreme court declaration of Sunday the 7th November was the 1st of Dhul Hijjah, was indeed wrong as it would result in the month of Dhul Qadah having only 28 days. (the 1st of Dhul Qadah according to Saudi Supreme court admission would be on the Sunday the 10th of October, so at the conclusion of Saturday the 6th of November, 28days had been completed.)

 

Our Hilal body, namely the CMC consisting of Jamiat ul Ulama and Hizb ul Ulama who announce according to the Saudi authorities, turned a blind eye and announced the month according to the Saudi Supreme court. This in reality, lead to Eid ul Adha being celebrated on the 9th of Dhul Hijjah, instead of the 10th.

 

My question here is that;

1.       Would the Qurbani’s done here in the UK according to the Saudi date be valid?

2.       Is this stance of following Saudi, despite the open and clear mistake correct?

3.       Is the silence of the influential Ulama on this matter acceptable? Many Masjid committees here in the UK normally are decision makers on this issue. In matters of Dunya, they seem very intelligent and up to date, not accepting a penny’s loss. Here due to this following of the Riyadh authorities, many a times the month of Ramadhan is being commenced on the 30th of Sha’baan, the Fardh fast of Ramadhan is being missed as Eid ul Fitr is being celebrated  on the 30th of Ramadhan, and Qurbani’s are being performed on the 9th of Dhul Hijjah.

 

Many Ulama and committees are aware of this, and some openly say that we will keep a Qadha of that ‘30th fast’ after Ramadhan.

 

These committee’s do have a choice as there is another Ulama body who declare months in accordance to actual sighting.

 

My Question here will be:

1.       Are the Masjid committees absolved of their duties by saying ‘we follow the Ulama’?

2.       Despite knowing the truth, is it permissible for the sake of unity (this is the argument that the many people give) to follow Saudi/ Riyadh announcements and fast on the 30th of Shabaan, or celebrate Eid on the 30th of Ramadhan?

3.      Some Ulama claim that the majority Deobandi’s follow the Saudi Hilal announcement, hence acting upon the Hadith ‘follow the Al Siwaad Al Aazam’ everyone should follow suit, is this claim correct, even though it means we are compromising on Fardh Ibaadaat?

4.       An Ulama body here went to the extent of announcing that as the majority of the countries in the World were celebrating their Eid Ul Adha according to the Saudi date (although this information is also wrong), the people of UK should follow suit and follow the Al Siwad Al Aazam, is this argument justified?

5.   Some Ulama attach the Haramain Shareefain to this issue emotionally blackmailing people that the Imams of the Haramain Shareefain cannot be wrong, and all this opposition to the Saudi Sighting is a Yahood Conspiracy.

I sincerely hope and request that you can respond to me in detail so that Haq and truth can prevail, and many innocent people could be saved from missing out on performing their ibaadaat at incorrect times.

Wassalam

Muhammad Shoyaib Nurgat.

Khaadim:  Masjid e Umer,  Walthamstow, London.

 

Answer

ASSALAMU ALAIKUM

 

26 Zil Hajj 1431 (4 December 2010)

Respected Brother,

Your e-mail dated 2 December 2010 refers.

 

It is imperative for the Ulama at your end to resist the attempts to hoist Saudi hegemony on the Muslim community.

It is better and safer for Muslims to rather have Eid on different days. They should not buckle under pressure to become the serfs of Saudi Arabia. It is incumbent to follow the directives of the Shariah, not the nafsaani desires of the Saudis who have their own political agenda to which they submit the Shariah.

 

Unity with baatil is never the teaching of Islam. The call to commence Ramadhaan on a day which is not Ramadhaan, and to celebrate Eid when it is not Eid according to the Shariah for the sake of ‘unity’ is baatil and haraam. Unity with falsehood is haraam. Unity on the basis of the Haqq is the only unity we understand and accept.

 

Our advice is that if Ramadhaan and Eid are not established on the basis of Shar’i dalaa-il, never should you follow the Saudi pronouncements. The Muslims in the U.K. are not in the wilaayat of Saudi Arabia. There is absolutely no Shar’i imperative to compel the Muslims of your country to submit to Saudi dictates and hegemony, more so, when such dictates are flagrantly in violation of the Shariah.

 

It is necessary to be firm and ignore the criticism of the detractors. Focus the gaze on the Pleasure of Allah Ta’ala regardless  of the criticism and insults which will necessarily be heaped on you when you stand firm on the Haqq. Remember, that this dunya is the arena for the conflict between Haqq and baatil. Our obligation is to guard the Shariah regardless of the consequences. The disunity which flow in the wake of firmness on the Haqq is to be expected and to be ignored. For the sake of a baatil and temporary unity never bend the rules and principles of the Shariah.

 

If there is a group of Ulama who are adamant in blindly following the Saudi pronouncements, then the Ulama-e-Haqq should be adamant in blindly following the Shariah. Those who deviate from the Shariah for the sake of subservience to Saudi hegemony are the cause of the disunity, not those who are firm on the Deen.

The answers to your questions are as follows:

 

(1) Since Eid in the U.K. was wrongfully and intentionally celebrated on 9th Zil Hajj, the Qur’baani on that day was not valid.

 

(2) Despite the conspicuous error of the Saudi pronouncement, it was a grievous error of the U.K. Muslims to submit to this gross error and celebrate Eid on the fallacious basis of ‘unity’.

 

(3) The silence of the Ulama and their acceptance of the Saudi pronouncement despite being aware of the serious error and misdirection is despicable. When the Ulama were aware that it was the 9th Zil Hajj, then their silence is evil. In this Regard, Rasulullah (sallallahu alayhi wasallam) said:

“He who maintains silence regarding the Haqq is a dumb shaitaan.”

 

(4) Intentionally beginning Ramadhaan and keeping Eid on the wrong days are haraam and grave sins. The contention that Qadha will be kept after Ramadhaan is despicable and haraam. Such qadha will never compensate for the fast which was knowingly and deliberately abandoned in order to celebrate ‘eid’ on 30 Ramadhaan. In fact, this calculated act of deviating from the Shariah is close to kufr. The element of Istikhfaaf with a Shar’i hukm is kufr. It is tantamount to saying: ‘I shall commit fornication and repent afterwards.’ Or, ‘I shall perform two raka’ts Fardh for Isha’, and make qadha afterwards’.

The Musjid committees subscribing to this haraam concept of sinning are clearly in open conflict with the Shariah.

 

(5) The Musjid committees are not absolved of their Shar’i duties when they are aware that the Ulama are in error. It is haraam to follow the erroneous views and fatwas of the Ulama. Castigating the Ummah of Bani Israaeel for the very same crime of blindly following even the errors of their scholars, the Qur’aan Majeed states:

“They take their Ulama and their Mashaaikh as gods besides Allah…”

 

It is haraam to follow anyone in baatil. It is haraam to follow the Ulama when it is known that the Ulama are in error.

 

(6) It is not permissible to follow the erroneous pronouncement of the Saudi regime for the sake of ‘unity’. The same argument should be thrown into the face of the Saudi lackeys. It should be said to them: For the sake of unity abandon the Saudi pronouncements and follow the announcement of the Ulama who adhere to the original tenets of the Shariah. While the dissenters are prepared to create disunity with their subservience to the Saudis, they take umbrage when the disunity is the consequence of Ulama who refuse to accept the Saudi directives. Those who are so keen for unity, should not embark on something which will bring disunity in its wake, and that something is to follow the Saudi errors or political stunts.

 

(7) The ‘majority’ is not a principle of law in the Shariah. If the majority of present day Deobandi Ulama follow the Saudi pronouncements, it still remains haraam when we are convinced that the month of Ramadhaan has not commenced or ended. Nowadays the majority is plodding the path of baatil. The majority of the Ummah in this era indulges in riba, haraam and baatil. It never becomes permissible to follow this errant majority. Haqq may not be compromised to strike up an accord with baatil for the sake of a unity which in itself is baatil.

 

(8) The argument that the Muslims in U.K. should follow other Muslim countries even though the sighting of the hilaal has not been established on the basis of the Shariah, is utterly baseless. The criterion is the Shariah, not the majority of Muslim countries, especially in our day when the governments of all Muslim countries are irreligious and even anti-Islam. There is no Shar’i validity in this fallacious argument.

 

(9) The Imaams of the Haramain Shareefain do not constitute Shar’i Daleel. Our criterion is the Shariah, not the life style or pronouncements of the Imaams of the Haramain of today. These Imaams condone all the haraam fisq and fujoor of the evil Saudi regime. Thousands of Ulama are today languishing in Saudi jails, dungeons and torture facilities. These are true Ulama who spoke the Haqq. The present Imaams of the Haramain Shareefain have been effectively gagged. They are obliged to toe the line of their Saudi paymasters. In fact, the effort of the Saudis to establish their hegemony is part of the Yahood conspiracy to neutralize Islam for the sake of ensuring American dictatorship of the world. Saudi Arabia is a U.S. lackey and puppet.

 

May Allah Ta’ala guide and keep you all with aafiyat. May He grant you Istiqaamat alal Haqq.

 

Was-salaam

 

A.S. Desai

 

For Mujlisul Ulama of S.A.