Performing prohibited acts at the time of visiting the graves is not allowed. This is the aim of Bahrur-Raaiq. Otherwise, making Salaam to the deceased and placing green plants or flowers over the grave is agreed to be permissible. These actions are proven from the Holy Prophetصلی اللہ علیہ وسلم. Here, Bahrur-Raaiq is merely stating that besides visiting and standing in dua, nothing else should be done there.
A question was posed to Maulwi Ashraf Ali Thanwi Deobandi regarding the permissibility of Kashfe-Quboor explained by Shah Waliyullah: "After it, seven rounds of Tawaaf should be made around the grave and Takbeer should be said in this. The Tawaaf should be commenced from the right-side and the face should be kept at the leg-side of the grave." - Hifrul-Imaan
So are Sajda and Tawaaf at the grave permissible? Maulwi Ashraf Ali answers, ''The Tawaaf is not technical (i.e. made for respect and gaining proximity). Prohibition of this is proven from the proofs of the Shariah. Rather, the Tawaaf here is in the literal meaning (i.e. going around the grave for the purpose of creating a connection with the inmate of the grave like in revelation and to gain guidance. The example of this is the incident of Hadrat Jaabir رضی اللہ تعالٰی عنہ, whose father passed away and left behind much debt. The creditors were very hard upon him after this, so he went to the Holy Prophetصلی اللہ علیہ وسلم and said, "Come to the orchard to give some respite." When the Messenger صلی اللہ علیہ وسلم arrived at the orchard, after making heaps of dates to be stacked, he passed around the biggest hump three times. This action of Rasoolullahصلی اللہ علیہ وسلم was not Tawaaf Rather, it was to pass an effect on the dates. That is why he went around it. Likewise the practice Kashful-Quboor is modeled on this." - Hifzul-Iman, Pg. 6
So, if Azaan at the Qabr is prohibited (that besides visiting and dua, nothing else is allowed), why should this Tawaaf of the grave and gaining guidance from it be allowed? For this reason, the apparent extract of Bahrur-Raaiq is also against you.
The marvel of the matter is that from the extract of Hifzul-Imaan, it is established that guidance (faiz) is attained from the grave and going to the grave to gain it, making Tawaaf and placing fire on it are all permissible. However, all of this has been classified as polytheism (shirk) in Taqwiatul-Iruaan. The extracts of Shaarni, Tau-Sheikh, etc. have already been answered in the reply to the first objection (i.e. the Azaan at the Qabr being Sunnah has been rejected, not its permissibility).
'Laisa bi-Shai'In' of Tau-Shaikh doesn't mean that it is Haraam. It means that it is not Fardh, Waajib or Sunnat. Rather, it is merely permissible and preferable.
Deeming it as Sunnat or Waajib is totally incorrect. Those Jurists who have called this Azaan an Innovation actually refer to it being a permissible or even a preferable one, not an abhorred (Makrooh) one because without any proof, Dislike cannot be established. Maulwi Ishaaq is a Deobandi leader and his ruling is not a proof. The rule that "whatever isn't proven from the Sunnat is Makrooh" is also wrong.
Otherwise, the chapters of the Quran, its Iraab and Bukhari Sharif will all become Makrooh because they are not proven from the Sunnat. Durre-Mukhtaar states, “و وقوف الناس یوم عرفۃ فی غیرھا تشبیھا بالو اقفین لیس بشیء” -BaabuSalaatil-Eidain, Discussion on Takbeer-e-Tashreeq
Under this extract, Allama Shaami رضی اللہ تعالٰی عنہ states,“ و ھو نکرۃ فی موضع النفی فتعم انواع العبادۃ من فرض و واجب و مستحب فبقیت الاباحۃ قیل یستحب ” - Raddul-Muhtaar
Under 'Laisa bi-Shai'in', Hidaayah states, “ای لیس بشیء یتعلق بہ الثواب و ھو یصدق علی الاباحۃ”.
These extracts prove that 'Laisa bi-Shei'In' can also refer to permissibility.
OBJECTION 4: Azaan is given to inform about and announce Salaah, What sort of Salaah is being made at the time of burial that it has to be announced? This Azaan is impermissible because it is absurd.
Answer - Thinking that Azaan is only for announcing a Namaaz is also wrong. In the previous chapter, we have mentioned the occasions on which Azaan can be given.
Azaan is given in the ear ofan infant. What time of Salaah is this? In the time of the Holy Prophetصلی اللہ علیہ وسلم two Azaans were given during the nights of Ramadaan. One was for waking people up for Sehri and the other was for Fajr Salaah.
Note - The Ahle-Sunnah practices Musaafaha (shaking hands) after Salaah and Mu'anaqa (embracement) after the Eid Salaah, etc. A person once said to me, "Mu'anaqa and Musaafaba should be made at the first meeting. After Salaah, people are parting, so why should it be made at that time? It is an Innovation (Bidat) and is thus Haraam." I replied that Muaanaqah is sourced from the Holy Prophetصلی اللہ علیہ وسلم . Mishkaat has dedicated a chapter for this in Kitaabul-Adab, BaabulMusaafaha wal-Mu'anaqa. In it, Rasoolullahصلی اللہ علیہ وسلم making Mu'anaqa with Hadrat Zaid ibn Haaritha رضی اللہ تعالٰی عنہ is reported. The tone of the Hadith suggests that the embrace was of happiness. The day of Eid is also an occasion of happiness. Therefore, to demonstrate happiness, Mu'anaqa is made. Also, Durre-Mukhtaar states, "Making Musaafaha is permissible even if it is made after Asr Salaah. The meaning of the Fuqaha's statement (that Musaafaha after Asr Salaah is an Innovation) means that it is a Rermissible and Good Innovation, as per the book Azkaar of Imam Nawawi رضی اللہ تعالٰی عنہ 14.25 - Vol. 5. Baabul-Karaahiyat, Baabul-Istibraa
Allama Shaami رضی اللہ تعالٰی عنہ writes beneath this, "To shake hands on every meeting is preferable, and the practice of making Musaafaha after the Fajr Salaah has no source in the Shariah. However, there is also no harm in it. The mentioning and prohibition of Fajr or Asr is only based on the habit of people. Otherwise, Musaafaha (shaking hands) after every Namaaz has the same command." 14.26-Raddul-Muhtaar
This proves that Musaafaha is permissible. However, the questioner was dissatisfied with this and repeated that Musaafaha, etc. should be made on meeting. I then asked, "What is meeting?" He replied, "To meet someone after he has become absent (ghaib) is the first meeting." I said, "There are two cases to becoming absent (ghaib). The first is becoming absent with body (physically) and the second is to become absent with mind. In Narnaaz, although all of the Muqtadies (followers) and Imam are seemingly in one place, they are unseen to each other according to command. They can't speak or help one another, and are even absent from all worldly affairs (i.e. eating, drinking, talking and other worldly acts are Haraam upon them). They are the result of Salaah being the ascension of a Believer, and have severed ties with the world and have reached Allahعزوجل. When they make Salaam, they return to the world and all worldly acts become Halaal for them again. The time of making Musaafaha is also after returning from being absent. Thus, it is Sunnat."
He replied, 'This is Logic (Mantiq). The Shariah has not accepted this time to be a time of meeting." I asked, "At the time of Salaah, to who and why do we make Salaam? The Imaam should intend making Salaam to the angels and Muqtadies, and the Muqtadies should have the intention of making Salaam of the Imaam and angels. A person who reads Namaaz alone should only have the intention of greeting the angels. If Salaam is only made either at the time of meeting or parting, why is it performed here? Have these people just arrived? Are they going anywhere? No, they aren't because there are things which are read after Salaah that still remain (i.e. dua, wazifas, etc). After reading Fajr Salaah, some people will only leave after performing Ishraaq. We will know from their Salaam that they have returned from journeying to a higher state and are now with us. So, if they shake hands at this time, what harm is there?" He replied, "So shaking hands (Musaafaha) should be made after every Namaaz?" I replied, "Yes! If it is made after every Salaah, still too would it not be prohibited." Alhamdulillah, this answer was satisfactory to him.
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