Strange Fatawa in Hanafi books of Fiqh
These extracts are taken from “Sayf Muhammadi” of Shaykh Junagri, “Haqiqatu Fiqh” of Shaykh Jepuri, “Zafar Al-Mubin fi Rad Aghlat Muqalidin” of Abul Hasan As-Silakoti, student of Imam Nadheer Husayn Ad-Dehlawi.
Ghulu (exaggeration) about Hanafi Fiqh
“The book “Durul Mukhtar” was written by the Prophet’s tongue” (Muqadimah Durul Mukhtar)
“In a dream the Prophet saw put his tongue in the mouth of the writer, and then I started to write this book” (Muqadimah Durul Mukhtar)
“The Isnad of the book “Durul Mukhtar” goes back to Allah by the way of the Prophet (saw)”
(Muqadimah Durul Mukhtar)
“May the curse of Allah be on those who make Rad (refutation) of Abu Hanifah”
(Muqadimah Durul Mukhtar)
“When The Prophet ’Isa will come back he will follow the Madhab of Abu Hanifah”
(Muqadimah Durul Mukhtar)
“Khidr spent 30 years to learn knowledge from Abu Hanifa, then Al-Qushayri learnt from Khidr during 3 years and he wrote more than 1000 books and put them in a box in the sea. When Isa (aley salam) will take these books and act upon them.” (Muqadimah Durul Mukhtar)
In the introduction of “Dur ul Mukhtar” there is the fabricated Hadith that the Prophet would have said that Abu Hanifah is the lamp of his community.
Comment: Such Ta’assub is unacceptable in Islam and rejecting such claims is obligatory. This is clear that many of these Ahnaf consider the views of Abu Hanifah as a religion revealed by Allah…La Hawla wala Quwatta ila Billah
Fatawa in Hanafi books related to Zina, intercourse and similar issues
“If someone pays a woman to do Zina, there is no Hadd” (prescribed punishment)”
(Durul Mukhtar, kitab Hudud, Fatawa Khaniyah misr vol 3 p 508, Kanz Daqaiq ed Deoband p 180, and this fatwa is attributed to Abu Hanifa while his two students say there is Hadd)
”If he pays a woman to do Zina (fornication) or Wati (intercourse) if he says I will give you so much dirham or she says give me so much, there is no Hadd” (Alamgiri, vol 2 p 168)
”If the Khalifah or the Imam or the king does Zina there is no Hadd” (Durul Mukhtar, Kitab Hudud)
Comment: This is a clear restriction (Takhsis) of the Quran, while Ahnaf reject restriction of the Quran with Khabar Ahad. So it shows like Hafiz ibnul Qayim said in his “I’lam” that Ahnaf’s rule is self-contradictory, they reject Takhsis of the Quran with authentic Hadith of the two Sahih and others while they do it with weak Hadith and even Qiyas.
How can Ahnaf take the king and prostitute out of the saying of the Quran? Do they have a Mutawatir Hadith or Mashur?
“The salary of the prostitute is Halal” (Chalpi Shar Wiqayah)
“If someone does Jima (intercourse) with an animal or with a dead or a young girl and there is no inzal (ejaculation), then Ghusl is not obligatory” (Durul Mukhtar Kitab Taharah, Masail Ghusl, also Alamgiri, Kitab Taharah)
“If someone does sodomy with a woman who fasts or a man who fasts, their fast is not broken (Hidayah, Kitab Sawm)
“If a young boy of 10 does Jima with an adolescent Woman, there is no Ghusl” (Alamgiri, Kitab Taharah)
“If someone enters is penis in his Dubur (Anus), then Ghusl is not obligatory” (Durul Mukhtar, Kitab Taharah Masail Ghusl)
“If a man in his Dubur (Anus) or a woman in her vagina enters the penis of the dead, or his finger, or something in wood, there is no Ghusl” (Hidayah Kitab Taharah)
“If someone enters the penis of an animal in her vagina or Dubur (Anus), the Ghusl is not obligatory (Durul Mukhtar Kitab Taharah Masail Ghusl)
“If a woman enters the penis of a boy without desire in her vagina or Dubur (Anus), the Ghusl is not obligatory” (Durul Mukhtar, Kitab Taharah Masail Ghusl)
“After doing Jima’ (intercourse) with a young girl, it is not necessary to clean his penis” (Durul Mukhtar Kitab Taharah Masail Ghusl)
“If someone does Jima with a virgin and the curtain is not broken, Ghusl is not obligatory” (Durul Mukhtar Kitab, Taharah Masail Ghusl)
“If someone does Wati (intercourse) in the Dubur (Anus) of an animal or in his ran and there is no Inzal (ejaculation), then Ghusl is not obligatory.” (Hidayah, Kitab Taharah)
“If the adolescent woman does Wati (intercourse) with a young boy or with an insane, then the woman has no Hadd” (Durul Mukhtar, Kitab Hudud)
“If someone does Wati (intercourse) with a non adolescent woman, or with a dead or an animal, there is no Hadd” (Durul Mukhtar, Kitab Hudud)
“The one who enters his penis in the vagina or anus of the hermaphrodite, there is no Ghusl (Durul Mukhatr, Kitab Taharah, Masail Ghusl)
“If the hermaphrodite enters his penis in vagina of woman or her anus, there is no Ghusl for both of them” (Alamgiri, Bab Taharah, Wajibat al ghusl)
“If someone does Zina with the salve of his child or great child, there is no Hadd” (Durul Mukhtar, Kitab Hudud)
“If someone does Zina with the slave of grand father or grand mother, there is no Hadd” (Durul Mukhtar Kitab Hudud)
“If someone has a slave in Rahn (security for loan) and he does Zina, there is no Hadd” (Durul Mukhtar Kitab Hudud)
In “Hidayah”, it is written that there is no Hadd for the one who does Zina with the slave woman (of another) he has in Rahn (guaranty) even if he knew that she is forbidden to him
If someone does Nikah with a Mahram for ever woman and consider it Halal, there is no Hadd” (Durul Mukhtar, Kitab Hudud)
“The woman that are for ever forbidden, and he does Nikah and he even if he considers that Haram, there is no Hadd” (Dur Mukhtar Kitab Hudud, and Alamgiri who attribute that to Imam Abu Hanifah)
“If he does Nikah with a woman and joins in Nikah his wife’s sister or mother, there is no Hadd” (Alamgiri)
“If he does temporary marriage and he considers that Haram, there is no Hadd” (Alamgiri)
“If someone does Nikah with a woman who is married before, and he knows she has a husband and it is Haram, there is no Hadd” (Fatawa Khaniya, Misr vol 3 p 508)
“There is no Hadd of Zina for the one who cannot speak, neither any Hadd for something else, even if the witness are present and he admits with Isharah (sign) or by writing.“ (Alamgiri, Misr, vol 2 p 168)
“If someone kidnaps a slave, does Zina and his responsible for her price, there is no Hadd” (Durul Mukhtar, Kitab Hudud)
“If someone gives permission to another to do Zina with his slave, there is no Hadd” (Alamgiri, vol 2 p 169)
“There is no Hadd for sodomy” (Durul Mukhtar, Kitab Hudud)
In “Hidayah” it is said: “If a woman claims that he married her with (false) witnesses and the judge declares that he is her husband and he did not marry her. She can stay by him and if she wants to leave him, he can do Jima (intercourse) with her according to Abu Hanifah.”
So according to Abu Hanifah if a woman lies and wins cases, she can have Jima’ with this man and the judgment of the judge replaces Nikah.
In ‘Hidayah’ it is written that Abu Yusuf, Muhammad ibnul Hasan Ash-Shaybani and Ash-Shafi’i said that the marriage does not become true in Batin (reality).
Imam An-Nawawi says about the fact that the wrong judgment of a judge does not make Halal in Batin (reality): “This Hadith is a prove for the Madhab of Ash-Shafii, Malik, Ahmad and the Majority of scholars of Islam and the Fuqaha from different cities among Sahabah, Tabi’is and scholars after then, that the judgment of the judge does not make Halal in Batin (reality) and does not make Halal the Haram, and Abu Hanifah makes the privates part Halal with the judge’s Judgment.” (Hadith 4450 of “Sharh Muslim”)
Ahshraf Ali Thanvi, the Hakim Ummat of the Deobandis writes in “Imdad ul Fatawa” vol 2 p 310, that the one who touches his wife’s mother with desire his marriage is cancelled and his wife forbidden to him
And there is no difference whether he said he did this with intention or not, as said in “Kifayatul Mufti” vol 5 p 182.
Thanvi said in “Bahisti Zewar” part four, that if he wakes up and by mistake he touched his daughter or wife’s mother with desire, his wife is forbidden to him.
What is strange in this Fatwa is that if he touches his daughter and wife’s mother with desire and there is ejaculation, then his wife is not forbidden. So the ejaculator who does this on purpose is not punished, while the one doing this by error is punished with divorce with his wife
In “Hidayah”, Kitab Nikah, Fasl fi Bayan Al Muharimat: “The one who is touched by a woman with desire, her mother and daughters are forbidden for him (for Nikah) and Ash-Shafii said it does not forbid, and on this is difference of his touching a woman with desire of his looking at her vagina or her looking to his penis with desire, because touching and looking is not in the meaning of entering (intercourse) so there is no link with Fasad (breaking) of fasting and Ihram and obligation of Ghusl, so these two things (looking and touching) are not added to that.
And for us (Ahnaf) touching and looking is a cause calling to intercourse, so it takes its place ( Yuqamu Maqamahu) because of precaution (Ihtiyat), then touching with desire is that the penis becomes big and strengthens, and this is authentic (meaning there is difference in Ahnaf for this), and what is taken into account (there is also difference in that) for looking at entering of vagina and it does not become true except when she lies down, and if he touches and then ejaculates then it has been said it leads to forbiddance, and the authentic (another difference) is that it does not lead to, because of his ejaculation he made it clear that he was not desiring intercourse, and on the same is for coming to a woman from her anus”
Mufti Rashid Ahmad Deobandi says in “Ahasanul Fatawa”, vol 5 p 92. : “If without Jima (intercourse), he ejaculates then the forbiddance is not established”
”The one who does watch the vagina of a woman in a mirror or in water, then the mother of this woman is forbidden to him” (Durul Mukhtar, Kitab Nikah, Fasl fil Muharamat)
”If a man touches a woman and does not ejaculate, her mother his forbidden to him and if he ejaculates her mother is not forbidden to him.” (Dur ul Mukhtar, Kitab Nikah, Fasl fil Muharamat)
”If while wakening, the hand of the man touches (with desire) his daughter, or the hand of the woman touches his son, they (husband and wife) are forbidden to each other” (Durul Mukhtar, Kitab Nikah, fasl fil Muharamat)
”Kissing with desire the mother of his wife makes his wife forbidden” (Durul Mukhtar, Kitab Nikah, Fasl fil Muharamat)
”Touching with desire the mother of his wife makes his wife forbidden” (Durul Mukhtar, Kitab Nikah, fasl fil Muharamat)
”Looking at the vagina of his daughter with desire makes his wife forbidden” (Durul Mukhtar, Kitab Nikah, Fasl fil Muharamat)
”If in a drunk state he takes and kisses his daughter and she tells I am your daughter, his wife is forbidden to him” ( Alamgiri, Kitab Nikah)
”If a man does Jima with a young girl (non virgin) and then divorces with her , then the daughter of this woman his not Forbiden to him” (Dur Mukhtar, Kitab Nikah, Fasl fil Muharamat)
”Doing Jima’ with a girl of 7 or 8 years, then the mother of this girl is not forbidden to him” (Alamgiri, Kitab Nikah)
Fatawa related to Riba
”If someone does Zina in Dar ul Harb (land of war) or in the land of revolted people, there is no Hadd.” (Dur Mukhtar Kitab hudud)
”The Muslim can take Riba (usury) from a Kafir Harbi (disbeliever who is in state of war), in Dar ul Harb (land of war) (Durul Mukhtar vol 4 p 209)
In “Hidayah”, Kitab Buyu’, Bab Riba, it is written that there is no problem in Riba (usury) between a Muslim and Harbi (disbeliever in state of war) in Dar al Kufr (land of Kufr).
Also in Hidayah in Kitab Buyu’, Bab Riba, it is said that Riba is permissible between a man and his slaves.
Comment: This is also a Takhsis of the Quran without Hadith
Fatawa related to alcohol
In “Hidayah” Kitab Ashribah: “If grape juice is cooked to 2/3 and 1/3 remains, it is Halal even if it is strong.” Then he says the condition is for strength and not for games and lahw.”
As for Nabidh, it is said in “Hidayah” that if the Nabidh is made from Tamr (dried dates) or raisins and it is lightly cooked, then it is correct to drink it as long as one is not drunk and it should not be for games but for strength.
Then he says that the Mufsid (bringing corruption) is the bowl that makes drunk, and this one is Haram according to us.
In “Fatawa Alamgiri”, it is said that if he drinks 9 bowls of Nabidh of Tamr and after the tenth he becomes drunk, there is no Hadd, it is like that in “Sirajiyah”.
In “Sarh Wiqayah”, “Durul Mukhtar” and “Alamgiri” it is said that according to Abu Hanifah the drunk (on Nabidh) who gets Hadd is the one who cannot distinguish between the sky and earth
(In Sahih Hadith, it is said that whatever intoxicate in great quantity, its small quantity is Haram)
Imam Qurtubi says that all Ahadith in this case make clear that everything that intoxicate is Khamr and it makes Batil the Madhab of the Kufis that khamr is only the drink made from grapes and what is cooked besides that is not Khamr
In “Durul Mukhtar” it is said that if a Muslim orders to sell Khamr or pig or to buy it, meaning he delegates the Zimmi (Kafir living in the land of Islam and paying Zimmah) for that this is Sahih according to the Imam but with a lot of Karahah
In “Hidayah”, Kitab Buyu’, Bab Bay’ Fasid, we ca read that If the Muslim orders the Christian to sell Khamr or to buy it and he does it, it is permissible according to Abu Hanifah
Also it is said in this book that the one who transports wine for the Zimmi can ask a salary according to Abu Hanifah
Ash-Shami said in “Rad ul Muhtar” that as Khamr is promised in paradise, some of it forms should be Halal in this world so the person can know the taste and desire it, he means that we cannot desire wine of paradise, without knowing taste of some forms of it
“The drunk who claims to have drunk after the smell of wine disappears does not receive any Hadd” (Alamgiri, kitab Hudud, attributed to Abu Hanifah and Abu Yusuf)
“If the drunk man vomits after drinking wine, there is no Hadd” (Alamgiri, Kitab Hudud )
”The drunk who cannot speak does not receive Hadd, even if he admits” (Alamgiri, kitab Hudud )
Reading and holding the Quran in prayer
”If someone prays holding a dog in his hands, his prayer is not Fasid (invalid)” (Durul Mukhtar, Misr vol 1 p 153)
”If someone in prayer watches the private part of a woman, is prayer is not broken” (“Maraqi Al Falah”, Misr vol 1 p 200)
”If someone watches at book of Fiqh during prayer, is prayer is not broken by Ijma (consensus)” (Alamgiri vol,1 p 106)
”If someone prays and holds the Quran and reads from it, is prayer is Fasid (invalid)” (Durul Mukhtar vol 1 p 641)
While in “Sahih Bukhari”, Aishah ordered her slave to lead women while he reading from some papers. Yet Ahnaf say holding a dog, looking at private parts of woman does not break the prayer, but for the Quran, it breaks, and one cannot understand this.
In “Hidayah” it is written that if in the last Tashahud, if he does on purpose Hadath (Gas, urine..) or speaks or does an action that break prayer, his Salat is finish and he does not need to repeat it.
”The thief who cannot speak there is not Hadd” (Dur Mukhtar, Kitab Saraqat)
”The one who steals grass or wood, there is no Hadd” (Sharh Wiqayah, Kitab Saraqat)
”If he steals the door of the mosque, there is no Hadd” (Sharh Wiqayah, Kitab Saraqat)
”If he steals in Bayt ul mal there is no Hadd” (Sharh Wiqayah, Kitab Saraqah)
”If the Hanafi becomes a Shafi’i, he should receive Ta’zir (corporal punishment) (Alamgiri, Kitab Hudud, Bab Fasl fi Ta’zir)
”If the Hanafi becomes a Shafi’I, his witness is not valid” (Durul Mukhtar)
“The skin of the dog and wolf does become pure by Zabh (Muniya p 49)”
Comment: So for Ahnaf, there is no need of Dabgh of the skin, one can just do Zabh of the dog and wolf, and their skin will become pure
Hanafi conditions for leading prayer
If in the conditions of who should be Imam in the first cases there is equality, “then the one whose wife is more beautiful” (Durul Mukhtar vol 1 p 412)
How can someone they check whose wife is the most beautiful? Do they need a miss beauty competition?
“Then the one who has the biggest head and the smallest member” (Durul Mukhtar, vol 1 p 412)
At-Tahtawi said in his “Hashiyah ‘ala Maraqi Al-Falah” on this topic:
“His saying “The one who has the smallest member”, some of the Mashaykh explained this “The one who has the smallest penis”, because the great size of it shows in most cases low morality…and similar matters are not known in most cases except by information or narration, and this is rare, and the same is said about the one having the most beautiful wife.”
قوله ( وأصغرهم عضوا ) فسره بعض المشايخ بالأصغر ذكرا لأن كبره الفاحش يدل غالبا على دناءة الأصل ويحرر ومثل ذلك لا يعلم غالبا إلا بالاطلاع أو الأخبار وهو نادر ويقال مثله في الأحسن زوجة المتقدم
Now, do Ahnaf need to tell in front of anyone whose penis is the smallest? What is this absolute nonsense?
May Allah send Salah and Salam on the Prophet (saw), his household, Companions and those who follow them.
Compiled by Ali Hassan Khan.