6. Azaan is the remembrance (Zikr) of Allahعزوجل and, through the barkat of Zikr, the punishment of the grave is removed. The grave is widened and the deceased attains safety from the narrowness of the Qabr. Hadrat Jaabir رضی اللہ تعالٰی عنہ narrates the incident of Hadrat Sa'ad ibn Mu'aaz's رضی اللہ تعالٰی عنہ burial , "Aller the burial, the Holy Prophetصلی اللہ علیہ وسلم said, "SubhanAllah," and, "AllahuAkbar". Those around then said the same. When asked about the reason for saying the Tasbeeh and Takbeer, Sayyiduna Rasoolullahصلی اللہ علیہ وسلم explained, ''The grave became narrow for this virtuous bondsman but Allahعزوجل widened it." 14.9 -Imam Ahmed, Tibraani, Baihaqi

Allama Teebi رضی اللہ تعالٰی عنہ writes in the annotation of this, "You and I were continuously making Tasbeeh and Takbeer until Allahعزوجل widened the grave.14.10

7. The Azaan even contains the remembrance {Zikr} of the Prophetصلی اللہ علیہ وسلم and mercy descends at the time of remembering the pious. At this time, the deceased is in dire need for mercy. Therefore, if the deceased attains these benefits by us moving our lips only a little, what harm is there in doing so?

It has now been proven that giving Azaan at the grave is a means of reward. Shaami states, "The reality of all things is permissibility." 14.12 - Baabu Sunanil­-Wudhu

In other words, whatever the Shariah hasn't prohibited is not impermissible. Rather, it is allowed and whatever permissible action is done with a good intention becomes preferable (Mustahab).

Shaami states, ''The difference between a habit and worship is the intention of sincerity: 14.13 Discussion of Sunanul-Wudhu

In other words, whichever action is completed with sincerity becomes an act of worship (ibaadat). If it is done without then it is known as a habit. Durre­ Mukhtaar states, "Mustahab is that action which the Holy Prophetصلی اللہ علیہ وسلم sometimes completed and sometimes didn't. It is also that which the previous Muslims accepted to be good."14.14 Discussion on the Mustahabaatul-Wudhu

Shaami states, "Whatever Muslims deem to be correct is good according to Allahعزوجل 14.15 - Discussion on Dafn

These extracts prove that because the Azaan at the Qabr is not prohibited by the Shariah, it is permissible. Because it is done with a sincere intention for the benefit of a fellow Muslim, it is also preferrable (Mustahab) and even a good practice according to Allahعزوجل because Muslims deem it to be beneficial The leader of the Deobandis, Maulwi Rashid Ahmed, writes, "It was asked if encouraging the recitation of the Kalima (Talqeen) is proven or not after burial. The answer is that there was much difference about this case amongst the Sahaaba. None can give a clear, decisive decision about this. Thus, with regards to making Talqeen after burial, both acting and not acting upon it is allowed." ­Fatawa Rashidia, Vol. 1, Pg. 14

OBJECTIONS and ANSWERS TO GIVING AZAAN AT THE GRAVE

OBJECTION 1: Giving Azaan at the grave is an Innovation (Bidat) and every Innovation is Haraam. This falls under the same ruling because it is Dot proven from the Holy Prophetصلی اللہ علیہ وسلم [The same old objection of Bidat]

Answer - We have already proven in the preceding chapter that reading Zikrullah, Tasbeeh and Takbeer after burial is proven from the Prophetصلی اللہ علیہ وسلم.

Whatever is proven in this manner is Sunnah, and to disregard it is prohibited. The Jurists state that the wording of the Talbiya in Hajj is transmitted from the Ahadith.

The wording shouldn't be lessened, but increasing it is allowed. ­Hidaayah etc.

Azaan includes Takbeer and more. Thus, it is sourced from the Sunnah. Even if it was an Innovation, it would be a good one [Bidat-e-Hasana) as we have explained in the Discussion of Innovation,

The Holy Prophetصلی اللہ علیہ وسلم said, "Teach your deceased "Laa ilaaha illallaah…”

A leader of the Deobandis, Maulwi Rashid Ahmed, was asked if making the Khatarn of Bukhari Sharif at the time of a hardship was proven from the Quroon-e­Thalaatha (time of the Prophetصلی اللہ علیہ وسلم and two generations after) or not, i.e. was it considered an Innovation? He answered that Bukhari Sharif was not compiled in the Quroon-e-Thalaatha. However, making its Khatam is correct because dua is accepted after completing good deeds. This has its source in the Shariah and is not an Innovation (Bidat.­Fataawa Rashidia, Vol.1. Pg. 89

He also writes on page 88 of this book, "Feeding on an appointed day is Bidat, although the reward will be passed."

So, why is this thawaab being attained for the Fatiha of Barsi? Why is Khatme­Bukhari observed? These are all Innovations and, according to you, every Innovation is Haraam. How can reward be attained from something forbidden?

Important Note - At the time of any hardship, the Madrassah of Deoband makes its students complete the Bukhari Sharif, and the needy students are given Shireeni. Money is collected for this and is in surplus at times. This is probably permissible for them because the Madrassah needs the money and here is an easy method to gain it. However, still too is Azaan at the grave of a Mu'rnin Haraam for them.

OBJECTION 2: While mentioning the occasions when Azaan is given, Shaami mentions giving it at the grave. However, it also states, "Allama Ibn Hajar رضی اللہ تعالٰی عنہ" bas refuted this Azaan in the book, Sharhul-Abaab," 14.17

This shows that Azaan at the qabr has been refuted.

Answer - First of all, Ibn Hajar رضی اللہ تعالٰی عنہ is Shafee in Fiqh. Many Ulama, including some Hanafis, state that Azaan at the Qabr is Sunnat. Allama Ibn Hajar رضی اللہ تعالٰی عنہ, though, refutes this. So are we, Hanafis, to act upon the ruling of the majority or the opinion of a Shafee?

Secondly, he didn't refute the Azaan. Rather, he rejected it being a Sunnat. In other words, it isn't one according to him. If! say, "Printing Bukhari Sharif is not a Sunnat," it will be correct because neither was Bukhari Sharif available in the Holy Prophet’sصلی اللہ علیہ وسلم time nor was any printing-press existent. This doesn't mean that actually printing it is incorrect. At this place, Shaarni states, "Giving Azaan on these occasions is Sunnah,” and continues, "Allama Ibn Hajar رضی اللہ تعالٰی عنہ has rejected this." So what has been rejected? Simple, the Azaan being a Sunnah.

To understand the book Shaami, you should have intelligence and Imaan.

Thirdly, even if it is accepted that he has refuted the Azaan, will the rejection of something by an Aalim prove either hatred or prohibition? Definitely not. Rather, a proof of Shariah is needed for this. Without one, even Makrooh-e-­Tahrimi cannot be proven. Shaami states, "Leaving out a preferred act (Mustahab) does not prove Dislike (karaahat), as a unique proof is needed to prove this:' 14.18 - Discussion on the Mustahabaatul-Wudhu

Allama Shaami رضی اللہ تعالٰی عنہ further wrote, "Not completing a Mustahab does not necessitate the action becoming Makrooh without a specific prohibition. This is because Karaahat is a ruling of the Shariah and there is need of a specific proof for it to be established." 14.19 - Raddul-Muhtaar, Vol. 1. Discussion on Makroohaatis-Salaah

The opposition declares the Azaan at the Qabr to be Haraam whereas the Jurists don't even rule something to be Makroon-e-Tanzihi without a specific prohibitive proof.

Shaami discussed Azaan at the grave with the word 'Qeel'. The opposition can say that 'Qeel' is the sign of weakness. Our reply to this is that 'Qeel' doesn't impel defectiveness in Fiqh. Shaami states, “فتعبیر المصنف بقیل لیس یلزم الضعف” ­Kitaabus-Saum, Section on Kafaarah

Likewise, discussing the burial of a deceased, Shaami also states “قیل تحریما و قیل نتزیھا”.

Here, both rulings have been expressed with the word 'Qeel'. Alamghiri states, “و قیل ھو مسجد ابدا و ھو الاصح” - Kitaabul-Waqf, Discussion on the Musjid

In the above extract, the correct ruling has been given through the word 'Qeel', demonstrating that the word is not proof of weakness. Even if it is accepted as one, only calling this Azaan Sunnat will be weak. It will not incur declaring this Azaan to be permissible as weak, because the opinion of Surmat is only being spoken of here.

We also do not claim that the Azaan at the Qabr is Sunnat. It is permissible and preferred (Mustahab).

OBJECTION 3: The Jurists state that nothing besides Fatiha should be made when you are at the Qabr. Azaan at the qabr is Dot Fatiha, therefore It is Haraam. Bahrur-Raaiq states, “و یکرہ عند القبر کل ما لم یعھد من السنۃ و المعھود منھا لیس الا زیادتھا و الدعائ عندھا قائما ” Shaami states, "Giving Azaan at the time of burying the deceased, as is the practice of today, is not Sunnat. AIlama Ibn Hajar رضی اللہ تعالٰی عنہ has explained that this is an Innovation (Bidat) and he who claims that it is Sunnat is definitely wrong." 14.20 - Kitaabul-Janaaiz

Durrul-Bihaar states, "Giving Azaan at the grave after the burial is one of the Innovations that have become rampant in India." 14.21

Hadrat Mahmood Balkhi رضی اللہ تعالٰی عنہ writes, "Giving Azaan at the grave unestablished." 14.22 _ Tau-Shaikh Sharah Tanqeeh

Mulla Ishaaq writes, "Giving Azaan at the Qabr is Makrooh because tbis is not proven. Whatever is not established from tbe Sunnat is Makrooh."­Miata-Masaail

Answer - Whatever has been quoted from Bahrur-Raaiq ("besides visiting and dua, anything else performed at the grave is Makrooh") is totally correct. This extract refers to the time whilst visiting the graves. In other words, when going to the grave with the intention of visiting it (ziyaarat), do not perform impermissible acts such as kissing the grave, making tawaaf around it, etc. Azaan at the grave is at the time of burial, not at the time of visiting it. If the time of burial is also included in this rule, it would imply that placing the deceased in the grave, putting sand over it, encouraging the recitation of the Kalima (Talqeen, which Fatawa Rashidia has also allowed), etc. would all also become prohibited. So, should the deceased just be placed in a desolate area and, after making Fatiha, must the people run away?