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salman
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 Wysłany: Czw 10:25, 21 Paź 2010 Temat postu: Re: Slub bez wali |
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| Rania napisał: | mam pytanko z innego forum
czy ktoś zna może argumentację DLACZEGO hanafici dopuszczają małżeństwo dorosłej kobiety bez łali pomimo hadisu mówiącego, że nie ma ślubu bez łali? |
Imam Abu Hanifa napisal bardzo wiele fatw nie popartych ZADNYM dowodem.Hanefici nawet w modlitwie poddaja sie rozstrzygnieciom Abu Hanify a nie dowodom koranicznym czy pochodzacym z Sunny Proroka(salallahu alejhi we selam).Przykladem moze byc stanie w rzedzie w czasie modlitwy zachowujac pomiedzy stopami odleglosc na szerokosc 4 palcy (na co nie ma zadnego dowodu poza fatwa Abu Hanify) a lekcewazac jednoczesnie silny dowod z Sunny na to ,ze modlacy sie powinni dotykac sie stopami i ramionami.Innym przykladem moze byc zezwolenie Abu Hanify na stosowanie przez muzulmanow riby w stosunku do kuffar.Takich przykladow jest mnostwo dlatego lepiej jednak opierac sie na autentycznych zrodlach niz na fetwach pisanych przez zwyklych ludzi.Pomimo,ze ich intencje byly z pewnoscia dobre.
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Hannah Anika
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| Wysłany: Czw 15:11, 21 Paź 2010 Temat postu: |
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Ostatnio zmieniony przez Hannah Anika dnia Wto 1:15, 28 Sty 2014, w całości zmieniany 1 raz
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salman
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| Wysłany: Czw 21:19, 21 Paź 2010 Temat postu: |
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The Shaykh Ahmad Raza [ Barelwi Shaykh], he said:
"The interest from the bank account is Mubah [Permissible] and not haram, and this interest is not regarded as the Shariah 'Ribaa' - Interest, because it was Imam Abu Hanifa's opinion that any dealing done with a non Muslim in a non Muslim country one can take any amount they give you as courtesy, and it is known that bank accounts take your money and invest it i.e. dealing, and hence give you profit from what they earnt as a gesture for you do dealing with them i.e. Using their accounts and putting money in their, This is also proven in Hidayah and is Imam Abu Hanifa's main Fatwa....however if anyone has any doubts in their hearts they should give it away to the poor and needy"
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| Cytat: | It is a major sin to get involved in a interest based loan. Thus , he must seek Allah taala's forgiveness for this. What he should have done is gone to a viable Islamic Bank for Islamic House Financing.
As for what is mentioned about the opinion of Imam Abu Hanifa r.a, this is not a sound view for the vast majority of jurists, including the three Imams Shafi, Malik and Ahmad rahimahumullah, hold Riba to be forbidden in every situation and Imam Abu Hanifi's two erudite students Imams Abu Yusaf and Imam Muhammad say as the majority say.
The reason their view must be preferred is not only because so many of them are saying it is still unlawful, but because the evidence for Riba's absolute unlawfulness is firmly established in the Holy Qur'an, whereas the basis for Imam Abu Hanifa's view is a solitary narration which could be interpreted as abrogated.
The verse in the Holy Qur'an is:
“Those who eat Riba will not stand (on the Day of Judgement) except like the standing of a person beaten by Shaitan leading if to insanity. That is because they say: ‘Trading is but the same as Riba,’ whereas Allah has permitted trading and forbidden Riba. So whosoever receives an admonition from his Lord and stops eating Riba, shall not be punished for the past; his case is for Allah (to judge); but whoever returns (to Riba), such are the dwellers of the Fire- they will abide therein forever….O you who believe! Be afraid of Allah and give up what remains (due to you) from Riba (from now onward), if you are (really) believers. And if you do not do it, then take a notice of war from Allah and His Messenger…” (Sura Baqara:275-280) |
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| Cytat: | Q 2.) Please clarify for me the exact Hanafi position on the taking of interest from the kuffar in dar-ul-harb. Is it permissible to take advantage of the interest offered freely by these people or not?
What do the ulema say about the passages in Fathul Qadeer and Shami which appear to state that the Hanafi position (at least that of tarfain) is that it is permissible to take advantage of this when the benefit is for the Muslim? If it is not permissible then please explain these texts and the hadith "la riba bain al harbi wal Muslim" on which they are based.
If someone takes interest from the kuffar on this ruling is he committing haram or makrooh act?
If it is permissible then can this money be used to fund the activities of Muslims in these countries for the sake of deen such as setting up Muslim schools etc.
I do not require a fatwa but merely the opinion of the ulema such as Mufti Taqi Sahib, as I realize that sometimes their opinions may be different from the legal fatwa which is required for the people. [Molvi Nazim Ali]
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A 2.) Transaction of interest with the non-Muslims in Darul Harb was allowed by Imam Abu Hanifa subject to certain conditions but the majority of the Fuqaha including the Hanafi jurists have not accepted it and the Fatwa has always been given on its impermissibility. You can find full discussion on this subject in the detailed treatise written by Maulana Zafar Ahmad Usmani under the title "Kashf-al-Dujah" which is published in 3rd volume of Imdad-ul-Fatawa which you may please consult for the details.
However, even following the majority view of the impermissibility of Riba in Darul Harb the interest received from Darul Harb can be used for charitable purposes like helping the needy persons who are entitled to receive Zakat but in no way the amount of interest can be used for one's own benefit. |
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| Cytat: | Economic Relations of Muslims with non-Muslim Residents of non-Muslim Countries
(a) Legal Ruling on Transactions Involving Interest, Gambling, etc. In the case of a transaction which takes place in a non-Muslim country where both parties, a Muslim and a non-Muslim, happen to be living and, as a result, money or property changes hands from the non-Muslim into the hands (i.e., possession) of the Muslim party under such circumstances that the transaction is regarded lawful under the laws of the non-Muslim country but unlawful under the Islamic law, the question arises: Can or does the Muslim party acquire rights of ownership in such money or property?
The answer is yes, he can and he does.
[The line of reasoning goes like this]: In the eyes of the Muslim law, a Muslim who acquires possession of lawful property instantly acquires ownership too (i.e., by acquiring mere possession of it). As the subject of this transaction, money or property, is neutral (mubah) and permissible (ja'iz), possession of such property is also lawful. Since [as a matter of legal principal] mere possession is sufficient for acquiring [proprietary] ownership rights, the Muslim party, having become the lawful possessor of such property, also becomes its lawful owner under these circumstances.
[In short, Imam Abu Hanifah regards money transactions involving interest between a Harbi (a non-Muslim living in a non Muslim country) and a Muslim, as permissible under the Muslim law.] The Hanafi maxim, "There is no interest between a Harbi and a Muslim", which has found its way [and a rightful place] in the general books on Fiqh, is based on [and reflects] this well known point of view [or legal ruling] of Imam Abu Hanifah. In other words, this is just one [provision or a] section of the Muslim International Law. Being unaware of [or unacquainted with] the real [meaning, intention and] purport of this legal provision, members of the general public become extremely perplexed [because of the extraordinary nature of its impact on the application and enforcement of the general prohibition of Riba]. For, on the surface, it seems only reasonable to them that the law should be made applicable to everyone and everywhere. [With such approach and attitude of mind,] making Riba/interest permissible, in this way, for Muslims residing in non-Muslim countries does not make sense to the general public. But the truth [and the fact] of the matter is that such a transaction with a Harbi is not really a transaction of interest at all, to start with.
Here is the translation from an Urdu book entitled Hayat Maulana Gilani, r.a. by Mohammad Zafir-al-din Maftahi and published by Maulana Yousuf Academy, Benares, India (pg. 323) 1989:
We accept and act upon many legal rulings (ijtihadat) of Imam Azam and Abu Hanifa, r.a. In this matter [of interest in non Muslim countries], I have emphatically adopted Abu Hanifa's ruling because I felt that there is no harm in doing this.
He also stated that it is common knowledge that, in India, non-Muslims collect interest from Muslims. Consequently a large portion of the wealth of Muslim people has been, and still is, being transferred into the coffers of the non-Muslim population. This kind of one-way traffic has economically crippled the Muslim community.
[He continues by saying that] in view of this situation, if we (Muslims) make it lawful for Muslims to receive interest from non-Muslims on the authority of a Abu Hanifah's ruling, then how can it be considered a major crime? Economic balance can be established and maintained only in this manner.
[To elaborate this point, Maulana discusses the difficult issue of slavery in this context. He states that] it was completely against the nature and the sense of decency of the holy Prophet to see fellow humans taken as slaves. However, since slavery had been so deeply entrenched in the Arab way of life before the advent of Islam, the holy Prophet allowed it to continue. Rather than risk complete social upheaval in the prevailing system, he insisted that slaves be given a code of legal rights that gave them the best treatment heretofore unheard of.
Consequently by using this precedent, [Maulana puts forth the argument that] if we follow Abu Hanifah's ruling [that says it is legally permissible for Muslims to receive interest from non-Muslims who live in India], then Maulana says that there is nothing wrong with that. So, how can this be considered to be an unlawful act? To balance the financial advantage accruing to non-Muslims in such situations, we maintain that Muslims living in India should also be allowed to charge and collect interest from non-Muslims. We have the ruling of Imam Azam as our legal authority to support our position in this respect.
-[Intricacies of International Law and International Relations, the practical difficulties of enforcing Muslim laws in non-Muslim countries and the realities of life as they relate to sovereignty of foreign states (governments) are matters of extremely delicate nature. [One could argue, quite justifiably, that where significance of such matters seem to escape the proper and deserving attention of even the experts e.g., jurists, legislators scholars, who are supposed to have a legal bent of mind, wisdom of the world, and an incisive insight to grapple with such issues, is it realistic to expect that an ordinary man on the street, that proverbial 'reasonable man of common sense' (that cherished creature of legal mythology) would be able to understand such complex issues?] - Editor
(b) Legal Ruling on the Question of Interest in India (and Canada)
On the basis of the above, certain Hanafi scholars have issued legal opinions holding it quite lawful for Muslims to enter into transactions involving interest with non-Muslims living in India, a country which is governed by non-Muslims. The most prominent among such religious scholars is Hazrat Shah Abdul Aziz Muhaddith Dehlavi. His favourable ruling is recorded in more than one place in his famous collection of rulings known as Fatawa-e Aziziah. Also worthy of special note is the fact that this ruling was issued by him at a time when the so-called 'emperors' of the Moghul dynasty were still the official occupants of the Red Fort palace. They were the rulers only in name, but despite their official status, and despite the fact that their real and effective control, power and authority of governing had come to an end for all practical intents and purposes, Shah Sahib had no hesitation in issuing that ruling and proclaiming it openly for all the Muslims of India.
Now, some people, lacking the needed aptitude to appreciate and understand finer points of law, might easily be lured into a [quasi logical] notion that the permissibility of acquiring property through interest bearing transactions between a Harbi and a Muslim, also, would automatically apply to property acquired under such other transactions as theft, fraud, robbery, etc. committed in a non-Muslim country. The argument advanced in such a case would be that as property coming into the hands of a Muslim through an interest bearing transaction with a non-Muslim is regarded neutral and permissible, property acquired by theft, fraud, or robbery should also be accorded the same treatment. The answer to this apparent dilemma [of the simpleton mind] can be given simply by stating that the special treatment of money acquired through interest bearing transactions of that special kind are made permissible, only because such transactions are lawful and permissible under the laws of the non-Muslim country, whereas theft, fraud and robbery are unlawful and punishable transactions even under the laws of the non-Muslim country (be it India or Canada). As a matter of fact, the Hanafi ruling under discussion does contain a proviso stating in effect that "such a transaction should not be in violation of a treaty or agreement between a Muslim and the non-Muslim government". The treaty or agreement mentioned here refers to an agreement or covenant entered into between a Muslim resident of the non-Muslim country to obey the local laws of the non-Muslim country, [be it by way of the terms of residency permit, citizenship, immigration or visiting or travelling visa]. Now, breach of an agreement, an undertaking or a promise is an offence under the Muslim law. Acquiring money through theft, fraud or robbery, for instance, would therefore, being in violation of such a special agreement to obey the law of the non-Muslim country, be unlawful both under the Muslim law as well as under the laws of the non-Muslim country. In other words, the former, namely, the interest bearing transactions, are lawful but the latter, namely, theft, fraud, or robbery, are unlawful in the non-Muslim country. Because of this difference, each of these two kinds of transaction therefore receive a different treatment. [To sum up] when without any violation of an agreement with the non-Muslim country, a Muslim acquires possession of property/money belonging to a non-Muslim resident of a non-Muslim country, under the Muslim law such a Muslim becomes the lawful owner of it - immediately upon taking possession of that property which is 'neutral', 'innocent' or 'defect-free' property. It is difficult for anyone to come up with any viable or cogent argument under the Muslim law to prove unlawfulness of such property for the reason that this legal doctrine of Abu Hanifah has become so well established that it is practically irrefutable. For this reason, I demand [by way of a challenge] of all those who wish to refuse to accept Abu Hanifah's legal position in this respect, to provide, if they can, any sustainable legal argument, be it from the Holy Qur'an, or the Prophetic Traditions, or the legal consensus of scholars (ijma') or legal analogical deduction (Qiyas), to support their own contrary proposition that the property of a Harbi is not "neutral". Secondly, the main point is brought home to us all [nicely and it is beautifully reflected in the short and concise] Qur'anic phrase: "Do not be unjust to others nor suffer injustice from others."
[A Prophetic tradition reported by Abdullah Ibn Abbas also lays down the general principal: "Loss should neither be inflicted nor suffered" - Ibn Majah.
[I might also mention in passing that even more recently (Sept. 1993) a legal ruling was pronounced in the book Halal wa Haram by Khalid Saifullah Rahmani of India, published by Darul Isha'at, Sabil-al-Salam, Belapur, Barracks, Hyderabad, where, in discussing this question, he refers to the fact that: "According to Abu Hanifah, acquisition of property in Darul Harb (a non-Muslim country) through such contracts (i.e., which are unlawful under the Shariah, but lawful under the laws of the non-Muslim country) is legally permissible."] - Editor |
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| Wysłany: Wto 21:51, 26 Paź 2010 Temat postu: |
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nie bardzo rozumiem bo wszystko po angielsku, ale zgadzam sie z siostra Hannah. Mowienie o wielkim uczonym Imamie Abu Hanifa, ze dopuszczal riba, to bardzo niesprawiedliwe
Szkola Abu Hanify jest najbardziej tolerancyjna wsrod 4 madhabow, ale mieszczaca sie w granicach islamu, o tym powinnismy pamietac
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Ostatnio zmieniony przez Rania dnia Wto 21:51, 26 Paź 2010, w całości zmieniany 1 raz
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salman
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| Wysłany: Śro 15:03, 27 Paź 2010 Temat postu: |
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Nie wolno jednak zaprzeczac ogolnie znanym faktom.Abu Hanifa dopuscil mozliwosc stosowania riby w stosunku do kufar w Dar ul Harb.Potwierdzi to kazdy kto zna orzeczenia hanefickie.Zapytajcie swojego imama,jesli nie wierzycie zrodlom.Brat Abu Anas z pewnoscia tez to potwierdzi,to fakt ogolnie znany.Nie rozumiem waszych uwag,Abu Hanifa byl zalozycielem pierwszego ze znanych nam dzis mezhebow sunnickich i czesto dokonujac idztihadu opieral sie na swojej tylko wiedzy i znanych sobie hadisach.W niczym nie umniejsza to jego zaslug .
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