ZIYAARAT OF THE QUBOOR

INTRODUCTION

The aim of this short treatise is to explain the masaai-il of the Shariah pertaining to Ziyaarat-e-Quboor and after Dafn (Burial). There exists a variety of practices for these occasions in different places. No one appears to be confidently versed with the tareeqah (way) of the Shariah and the Ta-aamul (the permanent practice from time immemorial) of the Akaabireen (our senior and illustrious Ulama – the Authorities of the Shariah). As a consequence of this unawareness coupled to the inflated ego of some modern-day Molvis and students of Deeni Madaaris, the Muslim public is in a quandary on this issue.

Issues which had long ago been settled by the Akaabireen have been given new forms of controversy for no valid and no good reason whatsoever. The Akaabir Ulama of Deoband have visited and guided the Muslims of South Africa for more than half a century. The avenue of guidance and the Sunnah was opened up for South African Muslims about 50 years ago with the arrival of Hakimul Islam, Hadhrat Maulana Qaari Tayyib Saheb (rahmatullah alayh). Thereafter followed a number of senior Ulama and Auliya of Deoband. The Muslims of South Africa look on these Akaabireen as paragons of virtue, embodiments of the Sunnah and Standard-Bearers of Allah’s Immutable Shariah and Fierce Opponents and Destroyers of Bid’ah.

The present generation of Ulama who have studied under these illustrious seniors in India and Pakistan for 5, 7, and 10 years had observed the Sunnah Tareeqah of their Akaabir Mashaaikh and Asaatizah from very close range. They saw the ways and the methods of the Ulama of the Sunnah—the Ulama of Deoband. They followed them, They never objected to the Tareeqah of their Asaatizah, Mashaaikh and the Ulama in general in Deoband, Saharanpur, Jalalabad, Karachi, Lahore, etc., etc. They acted according to the teachings and ways of these Seniors without a murmur of discontent.

The South African Maulanas who are today creating a controversy on the Ziyaarat-e-Quboor issue, studied Hadith, Fiqh and Tafseer under the senior Ulama of Deoband. They (i.e. the South African Maulanas) are aware that the Akaabir Ulama of Deoband and Saharanpur were experts in Hadith. Their entire lives were devoted to the service of Hadith, Fiqh and Tafseer, etc. Our South African Maulanas, all of them, had accompanied the Akaabireen on visits to the Qabrustaan and to the graves of the Ulama and Auliya. They saw how the seniors conducted themselves during their Ziyaarat of the Quboor. They followed the seniors, and never wagged their tongues nor dared to even intimate that they (i.e. the small Maulanas) had knowledge of Hadith as the Akaabireen had. Hence they were mute muqallideen in every aspect.

But today when all their senior Asaatizah, Mashaaikh and Ulama have departed from this earthly realm, some South African Maulanas have run away with the corrupt idea of being qualified in the propensity of Ijtihaad. Thus, they dig out a Hadith from some niche of a Hadith Kitaab, subject it to their corrupt ‘ijtihaad’, and like a magician doing a hat trick, produce a ‘fatwa’ in stark conflict with the established Ta-aamul of the Akaabireen—a Practice which has come down to us from the Seniors, from one generation to the other – a Practice of which these new Maulanas are not ignorant –a Practice in which they themselves participated and upheld when they were studying under the Akaabireen.

The misdirection of the Maulanas in the present day is truly lamentable. In their new fatwas they appear to be either competing with the Ahl-e-Bid’ah who hitherto were the Barelwis. But, we have to state unequivocally, that Bid’ah is not restricted to the ranks of the Barelwis. Much bid’ah in recent years has crept into the new brand of Molvis who are associated with our Ulama of Deoband.

In this concise treatise we shall, Insha’Allah, explain the Tareeqah of Ziyaarat-e-Quboor in accordance with the Shariah. The Ta-aamul of the Akaabireen is a facet of the Shariah. This no Molvi Saheb dare deny. Any ‘fatwa’ or way which is in conflict with the Ta-aamul of the Akaabireen, is baseless and should not be followed. The Tareeqah of the Akaabireen who are today all in their Graves, is the way of the Shariah – the Way of the Sunnah. The new ways concocted by the modern-day Molvis is baatil – baseless and should be shunned.

Insha’Allah, we shall present two things in this short booklet:

(1) The Shariah’s Tareeqah of Ziyaarat-e-Quboor.
(2) Our response to the new bid’ah which is being propagated in the graveyard.

“And follow the Path of those who turn to Me.”
(Qur’aan)

ZIYAARAT OF THE QUBOOR OR VISITING THE GRAVES

Rasulullah
(sallallahu
alayhi
wasallam)
said:

“Visit
the
graves,
for
verily,
the
graves
remind
you
of
the
Aakhirah.”

“Visit
the
graves,
for
verily
they
alienate
(you)
from
the
dunya
and
remind
you
of
the
Aakhirah.”

TA’LEEM
OF
RASULULLAH
(sallallahu
alayhi
wasallam)

(1)
Sulaiman
Bin
Buraidah
(radhiyallahu
anhu)
narrates
that
his
father
said:
“When
they
(the
Sahaabah)
would
go
to
the
graves,
Rasulullah
(sallallahu
alayhi
wasallam)
would
teach
them.
He
would
say:


السّلامُ
عليكُم,
أهلَ
الدّيَارِ
مِنَ
المُؤمِنينَ
وَ
المُسلِمينَ,
واِنّا
اِن
شَاءَاللهُ

بكُم
لاحِقوُن,
نَسألُ
اللهَ
لَنَا
وَلكُم
العَافِيَةَ


“Assalamu
Alaikum,
O
Mu’mineen
and
Muslimeen
of
the
City
(i.e.
of
the
Graveyard)!
Verily,
we,
if
Allah
wills,
shall
be
joining
you.
We
ask
Allah
for
aafiyat
(safety
from
punishment)
for
us
and
for
you.”

Similar
versions
of
this
dua
appear
in
different
Hadith
narrations.

(2)
Abdullah
Bin
Umar
(radhiyallahu
anhumaa)
said:
“I
heard
Nabi
(sallallahu
alayhi
wasallam)
saying:
“When
any
of
you
dies,
then
do
not
delay
him
(i.e.
the
burial
of
the
mayyit).
Make
haste
with
him
(with
his
burial)
to
his
qabr
(grave).
And,
recite
by
his
headside
the
opening
(verses)
of
Surah
Baqarah,
and
by
his
feet
the
end
of
Surah
Baqarah.”

In
this
Hadith
Rasulullah
(sallallahu
alayhi
wasallam)
instructs
that
after
the
mayyit
has
been
buried,
the
first
few
verses
of
Surah
Baqatah
until
هم
المفلحون
should
be
recited
at
the
headside,
and
the
last
few
verses
of
Surah
Baqarah,
from
امن
الرسول
should
be
recited
at
the
feet
of
the
mayyit.
Nothing
else
is
instructed.

(3)
Uthmaan
Bin
Affaan
(radhiyallahu
anhu)
said:
“After
the
burial
of
the
mayyit,
Nabi
(sallallahu
alayhi
wasallam)
would
stand
by
him
(i.e.
by
the
grave)
for
some
time.
He
said:
‘Seek
forgiveness
for
your
brother,
and
ask
Allah
to
grant
him
firmness
because
verily,
he
is
now
being
questioned.”


On
the
basis
of
these
Ahaadith,
the
Fuqaha
of
the
Ummah
explain
the
Tareeqah
of
Ziyaarat
as
follows:

*
When
arriving
at
the
Qabrustaan,
recite
the
abovementioned
dua
or
any
other
similar
Masnoon
Dua.

*
When
reaching
any
particular
grave,
then
stand
by
the
grave.
Do
not
sit.
Recite
the
beginning
and
ending
of
Surah
Baqarah
as
mentioned
above
in
the
Hadith.
Surah
Yaaseen,
Mulk
as
well
as
any
other
Surahs
may
also
be
recited.
All
such
recitation
is
substantiated
by
the
Ahaadith.

*
When
Dua
and
Istighfaar
are
made,
then
also
remain
standing.
Make
dua
without
lifting
the
hands.
This
is
the
Ta-ammul
of
all
our
Akaabireen
Ulama
who
were
staunch
followers
of
the
Sunnah
and
opponents
of
Bid’ah.
No
one
can
deny
this
Ta-ammul.
This
will
be
discussed
in
greater
detail
in
the
ensuing
pages,
Insha’Allah.

*
When
approaching
the
grave
do
so
from
the
feet-side,
not
from
the
head-side.
If
this
way
is
difficult
for
some
reason,
then
it
is
also
permissible
to
approach
from
the
side
of
the
head.

*
Then
supplicate
to
Allah
Ta’ala
to
bestow
the
thawaab
of
your
recital
to
the
mayyit
or
to
all
the
amwaat
(deceased).

This
is
the
simple
way
of
the
Shariah.
This
is
the
Masnoon
Tareeqah
which
all
the
Akaabiren
had
followed,
and
all
the
Asaaghireen
(small
Molvis)
who
had
studied
under
the
Akaabireen
had
also
followed
this
way
while
they
were
in
Deoband,
Saharanpur,
Jalalabad,
etc.,
etc.
It
is
only
recently
–very
recently—some
months
ago—that
some
South
African
Molvis
have
initiated
a
new
practice
–
a
bid’ah
–
in
the
method
of
visiting
the
graves.

THE NEW METHOD

THE
NEW
METHOD


Diverging
from
the
Ta-ammul
of
the
Akaabireen,
which
is
the
actual
Sunnah
method
of
Ziyaarat-e-Quboor,
a
new
method
which
has
been
recently
introduced
is
for
the
Maulana
Saheb
who
is
‘in
charge’
of
the
burial
to
make
an
announcement
after
dafan
(burial).
He
calls
on
the
gathering
of
people
to
face
the
Qiblah.
Then
with
hands
lifted
an
Ijtimaa-i
(congregational)
loud
dua
is
made.
This
method
is
bid’ah.
It
has
no
basis
in
the
Sunnah
nor
was
this
the
method
of
the
Akaabir
Ulama,
Mashaaikah
and
Auliya.

It
is
well-known
that
the
Ahl-e-Bid’ah
have
their
congregational
duas
and
other
ritual
acts
at
the
graveside.
Recently,
some
Maulanas
associated
with
Ahl-e-Deoband
have
initiated
a
similar
act
of
congregational
dua.
The
only
difference
with
the
Barelwi
gentlemen
is
that
these
Maulanas
make
the
announcement
to
face
the
Qiblah.

The
strongest
argument
for
the
error
of
this
new
method
is
that
it
is
in
conflict
with
the
Ta-ammul
of
our
Akaabir
Ulama.
There
is
really
no
need
for
the
presentation
of
any
further
argument
to
establish
the
error
of
the
new
method.
However,
since
the
Hadith
of
Rasulullah
(sallallahu
alayhi
wasallam)
is
being
tendered
in
substantiation
for
this
practice,
it
has
become
necessary
to
elaborate
in
order
to
dispel
the
confusion
created
in
the
minds
of
those
who
are
not
aware
of
the
principles
and
rules
of
the
Shariah.



THE
PROOF
PRESENTED
FOR
THE
NEW
METHOD

1.
THE
HADITH
OF
HADHRAT
IBN
MAS’OOD

Those
who
follow
the
new
method,
present
the
following
question
and
Fatwa
of
Hadhrat
Mufti
Mahmudul
Hasaan
(rahmatullah
alayh):

Question:
“After
burying
the
mayyit
should
the
Dua
of
Maghfirat
be
made
with
hands
lifted
or
without
lifting
the
hands?

Answer:
“Dua
without
lifting
the
hands
can
also
be
made
and
also
by
lifting
the
hands.
Nabi-e-Akram
(sallallahu
alayhi
wasallam)
did
face
the
Qiblah
and
had
made
dua
with
hands
raised
after
burial.
If
it
is
the
desire
to
lift
the
hands,
then
following
Rasulullah
(sallallahu
alayhi
wasallam),
do
not
face
the
grave.
But
face
the
Qiblah.
In
the
Hadith
of
Ibn
Mas’ood
(radhiyallahu
anhu)
it
appears:
“I
saw
Rasulullah
(sallallahu
alayhi
wasallam)
in
the
grave
of
Abdullaah….
After
completing
the
burial,
he
faced
the
Qiblah
with
his
hands
raised
(in
dua).
Abu
Awaanah
in
his
Saheeh—Fathul
Baari”

2.
THE
HADITH
OF
HADHRAT
AISHAH

In
a
lengthy
Hadith
reported
in
many
Hadith
Books,
Hadhrat
Aishah
(radhiyallahu
anhu)
said:
“……until
he
(Nabi-e-Kareem
–sallallahu
alayhi
wasallam)
came
to
Al-Baqee’
(the
graveyard).
Then
he
stood
for
a
long
while,
then
raised
his
hands
thrice.”

These
are
the
only
two
Hadith
narrations
which
are
available
for
those
who
have
introduced
the
new
method.

THE RESPONSE

Both
the
aforementioned
narrations
do
not
substantiate
the
new
method
introduced
recently
in
conflict
with
the
Ta-ammul
of
the
Akaabireen.
At
most
it
can
be
contended
that
lifting
the
hands
in
the
Qabrustaan
is
permissible.
This
permissibility
is
not
valid
grounds
for
innovating
a
new
method
in
the
Deen.
It
was
not
the
regular
and
permanent
practice
of
Rasulullah
(sallallahu
alayhi
wasallam)
and
the
Sahaabah
to
lift
their
hands
when
making
dua
in
the
qabrustaan.
Hence,
Hadhrat
Mufti
Kifaayatullah
(rahmatullah
alayh)
states
in
his
Kifaayatul
Mufti:

“To
lift
the
hands
in
dua
at
the
mazaar
(grave
of
a
buzrug)
is
Mubah
(i.e.permissible).
But
it
is
better
to
either
face
the
mazaar
and
recite
Faatihah
(make
dua)
without
lifting
the
hands
or
face
the
Qiblah
and
make
dua
standing
with
hands
lifted.”

Inspite
of
this
permissibility,
Fataawa
Rahimiyyah
states:
“However,
if
the
grave
is
in
front
(of
the
one
who
makes
dua)
and
there
appears
(to
an
observer)
the
doubt
of
supplicating
to
the
inmate
of
the
grave,
then
to
lifting
the
hands
is
prohibited.”

Although
Hadhrat
Maulana
Ashraf
Ali
Thaanvi
(rahmatullah
alayh)
states
in
Imdaadul
Fataawa,
that
lifting
the
hands
in
the
Qabrustaan
is
permissible,
he
said
in
answer
to
a
question
posed
by
a
Molvi
Saheb:
“Dua
should
simply
be
made
and
the
thawaab
bestowed.
The
hands
should
not
be
lifted.
Facing
the
grave
and
lifting
the
hands
in
dua
have
been
prohibited
by
the
Fuqaha.
In
so
doing
there
is
the
doubt
of
seeking
aid
from
the
inmate
of
the
grave.
However,
it
is
permissible
to
make
dua
with
one’s
back
towards
the
grave.
Islam
has
greatly
emphasised
the
protection
of
Tauheed.
But
people
are
not
concerned.
They
create
confusion.
Out
of
these
acts
bid’aat
develop.”
(Al-Ifaadhaatul
Yaumiyyah,
Vol.5)

In
another
Malfooz,
Hadhrat
Maulana
Ashraf
Ali
Thaanvi
(rahmatullah
alayh)
said:



“When
making
dua
at
the
graveyard,
do
not
lift
the
hands.
Even
at
the
time
of
burying,
the
hands
should
not
be
lifted
when
making
dua.
This
ensures
the
observance
of
the
Shariah’s
arrangement
(limits).
Lifting
the
hands
while
making
dua
at
the
graveyard
may
convey
the
impression
that
supplication
is
being
made
to
the
dead.”

It
should
therefore
be
clear
that
the
permissibility
stated
by
Hadhrat
Maulana
Ashraf
Ali
Thaanvi
(rahmatullah
alayh)
applies
to
a
situation
unadulterated
by
bid’ah.
There
is
no
support
in
the
statement
of
Hakimul
Ummah
for
the
new
method
of
‘faatihah’
which
has
been
introduced.
The
initial
permissibility
has
been
negated
by
the
prevalence
of
bid’ah
and
the
Ta-ammul
of
the
Akaabir
Ulama.

The
questions
and
the
answers
mentioned
above
pertain
to
only
the
act
of
lifting
the
hands
when
making
dua
at
the
graveside.
It
deals
with
one
specific
issue
of
the
new
practice.
That
one
issue
is
only
the
lifting
of
the
hands.
The
fatwa
of
permissibility
does
not
apply
to
the
whole
practice.
It
concerns
only
the
aspect
of
lifting
the
hands.
Hadhrat
Thaanvi
(rahmatullah
alayh)
as
well
as
the
other
Ulama
who
have
stated
the
permissibility
of
lifting
the
hands
in
the
qabrustan,
were
not
asked
about
the
congregational
form
or
the
hay’t-e-kathaaiyyah
of
the
the
practice
which
consists
of
several
factors,
not
only
of
the
act
of
lifting
the
hands.
Furthermore,
they
themselves,
notably
Hadhrat
Thaanvi
(rahmatullah
alayh)
rejected
the
practice
as
the
aforementioned
two
statements
clarify.



Although
lifting
the
hands
in
dua
in
the
qabrustaan
was
initially
permissible
in
view
of
the
two
Hadith
cited
earlier,
it
is
the
Ta-ammul
of
our
Akaabir
to
refrain
from
lifting
the
hands
in
the
qabrustaan
whether
facing
the
Qiblah
or
not
or
whether
facing
the
grave
or
not.
It
is
also
the
Fatwa
of
our
Akaabireen
to
refrain
from
lifting
the
hands.
Thus,
Hadhrat
Mufti
Zafar
Ahmad
Uthmaani
states
in
Imdaadul
Ahkaam
which
was
compiled
under
the
supervision
of
Hakimul
Ummat
Maulana
Ashraf
Ali
Thaanvi
(rahmatullah
alayh):

“After
dafn
(burial)
of
the
mayyit
dua
should
be
made
without
lifting
the
hands.
I
had
seen
in
some
Kitaab
of
Fiqh
the
condition
of
‘Ghair
Raafi’
Yadai’
(i.e.
the
supplicator
should
not
lift
his
hands).
However,
I
have
presently
searched
much
for
this
reference,
but
was
unable
to
find
it.
Nevertheless,
Qiyaas
supports
this
(i.e.
abstention
from
lifting
the
hands)
because
in
it
is
the
appearance
of
asking
from
the
inmates
of
the
graves.
This
(abstention)
applies
especially
(i.e.
with
greater
emphasis)
when
the
general
public
regards
it
to
be
necessary.
Abstention
from
it
is
then
essential.”
(Kitaabul
Janaaiz,
Vol.1)



Hadhrat
Mufti
Zafar
Ahmad
Uthmaani
(rahmatullah
alayh)
clearly
attributes
the
prohibition
of
lifting
the
hands
to
the
Fuqaha.
The
following
factors
confirm
that
the
hands
should
not
be
raised
when
making
dua
in
the
graveyard:

(1)
The
Fatwa
of
Hadhrat
Mufti
Zafar
Ahmad
Uthmaani
and
of
Hadhrat
Maulana
Ashraf
Ali
Thaanvi
(rahmatullah
alayh)
state
abstention
notwithstanding
the
initial
permissibility
mentioned
in
the
Hadith.

(2)
Lifting
the
hands
conveys
the
impression
that
the
supplicators
are
praying
to
the
graves
and
soliciting
from
the
inmates
of
the
grave.

(3)
It
is
among
the
shiaar
(salient
features)
of
the
Ahl-e-Bid’ah.
The
Fuqaha
state
explicitly
and
with
emphasis
that
when
even
a
Sunnat
act
becomes
a
salient
feature
of
the
Ahl-e-Bid’ah
then
abstention
therefrom
is
Waajib.
Lifting
the
hands
in
the
grave
is
not
a
necessary
practice
nor
a
regular
practice
of
Rasulullah
(sallallahu
alayhi
wasallam)
nor
of
his
Sahaabah.

(4)
The
classification
of
lifting
the
hands
in
the
graveyard
ocillates
between
Mubaah
(Permissible)
and
Mandoob
(Mustahab).
When
such
practices
are
considered
necessary
or
given
the
statuts
of
Wujoob
(compulsion)
as
the
prevalent
customs
evidence,
then
abstention
is
incumbent.

(5)
All
our
Akaabireen
were
Ulama
of
the
highest
status.
Their
lives
were
devoted
to
the
study
and
teaching
of
Hadith,
Fiqh
and
Tafseer.
They
were
fully
aware
of
the
two
Hadith
narrations
on
which
some
Maulanas
of
this
time
base
their
new
practice.
Yet,
they
abstained
from
lifting
their
hands
when
making
dua
in
the
qabrustaan.

(6)
By
lifting
the
hands
and
making
congregational
dua
in
the
qabrustaan,
we
are
emulating
the
practice
of
the
Ahl-e-Barailli.

(7)
The
Ulama
who
say
that
lifting
the
hands
is
permissible
in
the
qabrustaan
stipulate
the
condition
of
not
facing
the
graves.
It
is
not
possible
to
fulfil
this
condition
in
the
qabrustaan.
Even
if
the
gathering
faces
the
Qiblah,
there
are
graves
all
around
in
every
direction
and
place.
Facing
the
graves
is
thus
incumbent
when
making
dua
with
hands
lifted.
Hence,
even
according
to
those
Ulama
whose
fatwa
states
the
permissibility
of
raising
the
hands,
it
is
not
lawful
to
lift
the
hands
in
our
circumstances
because
facing
the
graves
is
unavoidable.

(8)
The
practice
of
the
Muftis
(Hadhrat
Mufti
Mahmudul
Hasan,
Mufti
Kifaayatullah,
Hadhrat
Thaanvi
and
others)
who
state
the
initial
permissibility,
was
to
refrain
from
raising
the
hands
in
the
qabrustaan.
Their
Tareeqah
was
in
line
with
the
Tareeqah
of
the
Akaabireen.

(9)
In
the
Ahaadith
of
Ta’leem,
Rasulullah
(sallallahu
alayhi
wasallam)
actively
taught
the
Sahaabah
what
to
do
when
visiting
the
graveyard.
He
taught
them
only
the
following
acts:

*
To
recite
the
Masnoon
Dua

*
To
recite
the
beginning
and
the
ending
of
Surah
Baqarah,
and
in
some
Ahaadith
Surah
Yaaseen,
Surah
Mulk,
etc.

*
To
recite
Istighfaar
and
make
dua.
But
he
did
not
instruct
them
to
raise
their
hands.

(10)
Since
the
normal
practice
of
Rasulullah
(sallallahu
alayhi
wasallam)
was
to
only
stand
for
some
time,
make
Istighfaar
and
Dua
without
raising
the
hands,
the
two
rare
examples
cannot
be
cited
to
negate
the
Ta-ammul
of
the
Ummah,
which
is
to
refrain
from
lifting
the
hands
in
the
graveyard.

(11)
Hadhrat
Mufti
Zafar
Ahmad
Uthmaani
(rahmatullah
alayh)
contends
that
the
Fuqaha
did
rule
that
the
hands
should
not
be
lifted.

(12)
Nowhere
in
the
Kutub
of
Fiqh
is
lifting
the
hands
enumerated
among
the
aadaab
of
Dua
when
making
Ziyaarat
of
the
Quboor.
The
permissibility
is
inferred
from
the
general
practice
of
Dua.
But
the
aforementioned
factors
negate
this
initial
permissibility.

(13)
The
Ta-ammul
of
the
Ulama
and
Akaabireen
has
always
been
to
refrain
from
lifting
the
hands
when
making
dua
in
the
graveyard
regardless
of
them
facing
the
Qiblah.

(14)
Facing
the
graves
in
the
graveyards
is
unavoidable
even
if
the
supplicators
face
towards
the
Qiblah.
There
is
consensus
on
the
prohibition
of
lifting
the
hands
if
there
are
graves
in
front
of
those
making
dua.

THE TA-AMMUL OF THE AKAABIREEN

The
following
question
and
answer
appear
in
Ahsanul
Fataawa,
Vol.4:

Question:
“After
burying
the
mayyit
to
stand
for
a
while
at
the
grave
and
make
dua
is
proven.
But
lifting
the
hands
in
this
dua
is
not
explicitly
mentioned
anywhere.
Is
lifting
of
the
hands
at
the
time
of
making
dua
(at
the
graveside)
a
proven
fact
or
not?

Answer:
According
to
the
principle,
to
lift
the
hands
is
Mustahab.
This
supports
lifting
the
hands
in
dua
at
the
time
of
visiting
the
graves.
But,the
Ta-ammul
of
the
Akaabir
is
not
to
lift
the
hands.
In
view
of
this,
I
could
not
muster
up
the
courage
to
state
this
nor
to
practise
it.
It
was
for
this
reason
(i.e.
Ta-ammul)
that
in
the
first
Volume
of
Ahsanul
Fataawa,
I
had
contended
abstention
from
lifting
the
hands
(i.e.
it
is
not
permissible).
After
this,
I
discovered
a
Hadith
in
which
there
is
mention
of
lifting
the
hands
(the
reference
is
to
the
Hadith
of
Ibn
Mas’ood—radhiyallahu
anhu).
Therefore,
I
now
do
not
have
any
hesitation
in
saying
that
lifting
the
hands
is
Mustahab.
I,
therefore,
retract
my
earlier
fatwa
of
abstention.”

The
following
facts
in
this
Fatwa
are
glaring:

(1)
It
has
always
been
the
Ta-ammul
of
the
Akaabir
to
refrain
from
lifting
the
hands
in
the
qabrustaan.
There
is
absolutely
no
doubt
in
this
irrefutable
fact.

(2)
The
amal
(practice)
of
Hadhrat
Mufti
Rashid
Ahmad
(rahmatullah
alayh),
the
author
of
Ahsanul
Fataawa,
was
in
line
with
the
Ta-ammul
of
the
Akaabir
notwithstanding
his
Fatwa
of
permissibility.

(3)
The
venerable
Mufti
Saheb
has
provided
no
explanation
whatsoever
for
the
Ta-ammul
of
the
Akaabireen
which
is
in
apparent
contradiction
of
the
Hadith
as
he
has
understood
it.



(3)
The
Ta-ammul
of
all
the
Seniors
of
Mufti
Rashid
Ahmad
(rahmatullah
alayh)
is
in
conflict
with
his
Fatwa.

In
the
light
of
these
factors
the
Fatwa
and
retraction
of
Hadhrat
Mufti
Rashid
Ahmad
(rahmatullah
alayh)
are
palpably
incorrect.
It
is
inconceivable
that
all
the
Akaabireen
who
were
experts
in
Deeni
Uloom,
masters
of
Hadith
and
meticulous
in
the
observation
of
the
details
of
the
Sunnah,
would
unanimously
adopt
an
amal
in
conflict
with
the
Sunnah.


The
fataawaa
of
permissibility
of
raising
the
hands
in
the
qabrustaan
are
the
opinions
of
individual
Muftis
and
do
not
enjoy
the
consensus
and
Isnaad
of
the
Ta-ammul
of
the
Akaabir
Ulama.
It
is
highly
improper
to
set
aside
the
Ta-ammul
of
the
Akaabir
on
the
basis
of
isolated
rulings
of
Muftis
of
this
recent
age,
regardless
of
the
stature
of
the
Muftis.
The
grievous
error
of
Hadhrat
Mufti
Rashid
Ahmad
(rahmatullah
alayh)
was
to
summarily
and
arbitrarily
dismiss
the
unanimous
Ta-ammul
of
the
Akaabireen
without
providing
the
slightest
explanation
for
the
existence
of
this
Ta-ammul.
He
has
compounded
his
error
by
his
acknowledgement
of
this
Ta-ammul,
and
by
the
fact
that
for
the
greater
part
of
his
life
he
was
unable
to
muster
up
sufficient
courage
to
reject
the
Ta-ammul
of
his
Seniors,
our
Seniors
–in
fact,
the
Akaabireen
of
the
Ummah.

The
aforegoing
discussion
should
make
it
adequately
clear
that
in
the
prevailing
condition
of
bid’ah,
customs
of
the
Ahl-e-Bid’ah,
resemblance
with
the
Ahl-e-Bid’ah,
the
existence
of
the
Ta-ammul
of
the
Akaabireen,
the
direct
Ta’leem
of
Rasulullah
(sallallahu
alayhis
salaam)
on
this
issue,
and
the
many
other
factors
mentioned
in
this
discussion,
lifting
the
hands
in
the
qabrustaan
when
making
dua
is
not
permissible.

IT
IS
ONLY
ONE
ASPECT

Sight
should
not
be
lost
of
the
actual
question
of
the
controversy.
It
is
not
only
the
issue
of
lifting
the
hands.
That
is
only
one
aspect
of
the
practice.
The
primary
contention
is
that
the
whole
of
the
practice
–the
new
method
–
which
has
been
introduced
is
bid’ah
and
in
conflict
with
the
Sunnah,
even
if
permissibility
of
lifting
of
the
hands
is
accepted
momentarily.
It
is
the
whole
form
(hay’t-e-kathaaiyyah)
of
the
new
method
which
is
in
conflict
with
the
Sunnah.
Consider
the
practice
of
the
second
dua
after
Salaat,
known
as
Faatihah
Thaaniyah.
All
our
Ulama,
including
those
who
have
introduced
the
new
method
in
the
qabrustaan
so
far
say
that
the
second
congregational
dua
after
the
Sunnat
and
Nafl
Salaat
is
bid’ah.
This
practice
is
a
salient
act
of
the
Barailwi
jamaat.

Why
is
this
second
dua
bid’ah
and
not
permissible?
Dua
is
a
meritorious
act
of
Ibaadat.
Raising
the
hands
when
making
dua
in
the
Musjid
is
permissible
without
any
difference
of
opinion.
Making
dua
any
number
of
times
is
permissible.
The
fadhaail
(virtues)
of
dua
are
great
and
numerous.
Why
then
say
that
it
is
not
permissible
to
make
the
second
dua
after
Salaat
when
in
fact,
most
of
us
do
make
the
second
dua
almost
regularly.
However,
there
is
a
fundamental
difference
between
the
Ahl-e-Bid’ah
and
us
when
making
the
second
dua.
That
difference
is
the
hay’t-e-kathaaiyyah
and
the
status
of
near-compulsion
which
they
have
given
to
a
practice
which
the
Shariah
does
not
accord.
Rasulullah
(sallallahu
alayhi
wasallam)
and
his
Sahaabah
made
Dua
and
raised
their
hands
in
Dua.
They
made
lengthy
Duas,
and
they
made
Dua
in
abundance
on
all
occasions.
But
they
did
not
impose
nor
teach
the
form
of
congregational
dua
which
the
Bid’atis
have
introduced
and
accredited
it
as
an
‘integral’
part
of
the
Sunnah
and
Shariah.

In
exactly
the
same
way
is
the
new
method
of
the
qabrustaan
dua
to
be
rejected
as
bid’ah.

Regardless
of
the
permissibility
of
the
individual
acts
in
the
new
method,
the
collective
practice
–its
present
form
(hay’t-e-kathaaiyyah)
renders
it
bid’ah.
Rasulullah
(sallallahu
alayhi
wasallam)
did
not
make
any
announcement
at
the
qabrustaan
ordering
the
Sahaabah
to
face
the
Qiblah;
nor
did
he
announce
or
instruct
them
to
lift
their
hands;
nor
did
he
make
an
ijtimaa-i
(congregational)
dua;
nor
did
he
fix
any
one
specific
method
for
the
occasion
of
visiting
the
graves
or
for
the
recital
after
burial
of
the
mayyit.
Sometimes
it
was
istighfaar
and
dua.
Sometimes
it
was
recitation
of
portions
of
the
Qur’aan
Majeed.
No
where
is
it
recorded
that
he
had
made
congregational
dua
in
the
qabrustaan.
He
did
not
instruct
the
observance
of
the
form
which
has
been
recently
introduced.
The
informality
of
Rasulullah’s
Isaal-e-Thawaab
practices
in
the
qabrustaan
is
the
reason
for
Hadhrat
Thaanvi
(rahmatullah
alayh)
stating:
“Just
make
dua
like
this.”
In
other
words,
informally,
without
lifting
the
hands
and
without
giving
it
a
congregational
form.

Our
criticism
is
not
directed
at
only
the
issue
of
lifting
the
hands.
It
is
directed
to
the
whole
practice—to
the
new
form
invented
by
some
of
our
Maulanas
who
are
following
in
the
footsteps
of
the
Ahl-e-Barelli
to
appease
the
masses
who
are
addicted
to
this
type
of
bid’ah
customs.

THE ERROR OF RANDOM HADITH SELECTION

It is improper to formulate a rule or initiate a practice simply on the basis of selecting a Hadith even if the Hadith is Saheeh. Every Saheeh Hadith cannot be cited as a basis for a new practice. The Ahaadith may not be viewed in isolation of the Ta-aamul and Tawaaruth of the Ummah. In their Books of Hadith the Muhadditheen state very clearly about some authentic Ahaadith which they have recorded in their Saheeh Kutub: “Today, there is no amal on this Hadith” – “The Ulama have left off practising on this Hadith.”, etc.

Consider the authentic Hadith narrations which confirm that Janaazah Salaat was performed by the Sahaabah in the qabrustaan between graves which were on all sides. But, what is the Fatwa? We can understand the motive for the ‘fatwas’ of the Qabar Pujaaris. They are of no significance. But inspite of the authenticity of these Ahaadith, the Ta-ammul of the Ummah is in conflict with it, and this is upheld by the divine principles of Allah’s Immutable Shariah.

The Fuqaha of the Ummah, the Ulama of the Ummah—the Akaabireen of this Ummah—are indispensable in the process of the Masaa-il of the Shariah. No Hadith may be selected to negate the Ta-ammul of the Ummah regardless of its authenticity, and by the same token, no Fatwa and Ta-ammul of the Akaabireen may be refuted even if such Ta-ammul is based on a Hadith technically described as Dhaeef (Weak).

Those who are versed in Islamic Uloom know that it was the practice of the illustrious Muhadditheen to set aside their own Saheeh Ahaadith if there was a conflict with the Ta-ammul and Ruling of the Fuqaha. In doing so, they would comment: “The amal of the Ahl-e-Ilm is on this…”And, they would make this comment even if they had classified a Hadith to be Dhaeef. If the Ta-ammul of the Akaabir Ulama was on even a Dhaeef Hadith, it was the final word and even the Muhadditheen would submit to such Ta-ammul notwithstanding their classification.

In the Hadith of the Jareed (tree-twig), it is recorded that Rasulullah (sallallahu alayhi wasallam) had split a twig into two and placed one part each on two graves. It was revealed to him that the inmates were undergoing punishment in the graves, hence Rasulullah (sallallahu alayhi wasallam) placed the fresh tree-twigs on the graves. The rationale for this act stated by Rasulullah (sallallahu alayhi wasallam) himself was that ‘perhaps’ on account of the Tasbeeh of the fresh twigs the punishment would be withheld or lightened. The Qur’aan Majeed in a number of verses confirms that every item of Allah’s creation recites Tasbeeh.

The Hadith is Saheeh. No one disputes it. But neither did the Sahaabah adopt this act as a permanent practice nor is it the Ta-ammul of the Ulama or the Ummah. Now will it be correct for any Mufti in this age to contend that since this act is Thaabit Bis-Sunnah (Evidenced by the Sunnah), the Ummah should adopt it. On the basis of such lopsided logic which is the product of oblique mental vision, a Molvi Saheb may announce after burial of the mayyit that the assembly of Muslimeen should gather twigs, split them and place same on the grave. And, since it is an act substantiated by the authentic Hadith, it should be adopted as a regular practice and pressure be applied indirectly on people to conform. But no one, at least until now, among the Ulama of Deoband has ventured to invent any such bid’ah.

Inspite of what we have said above, if occasionally someone overcome with emotion, on his own accord silently without creating a fuss, implants a fresh tree twig on a grave, he will not be criticized. But, if anyone ventures to make a congregational practice out of this one-off act of Rasulullah (sallallahu alayhi wasallam), his act will be branded as bid’ah. The same applies to the new method of ‘faatihah’ introduced at the qabrustaan in emulation of the Ahl-e-Bid’ah.

THE HADITH ON LIFTING OF THE HANDS

On one occasion, after midnight, Hadhrat Aishah (radhiyallahu anhaa) saw Rasulullah (sallallahu alayhi wasallam) standing in Jannatul Baqee’ (the graveyard in Madinah), making dua. He stood for a considerable time. In the process, Rasulullah (sallallahu alayhi wasallam) lifted his hands three times. This indicates that he had made separate duas three times. Each time after a dua, he would terminate it. Then he would resume the dua and end it. But those who do cite this Hadith to substantiate their new practice do not make dua thrice. They do not raise their hands thrice as described by Hadhrat Aishah (radhiyallahu anha). Furthermore, no one besides Hadhrat Aishah (radhiyallahu anha) narrates this episode. It was also narrated only once. In the Hadith Rasulullah (sallallahu alayhi wasallam) clarified to Hadhrat Aishah (radhiyallahu anha) that Jibraeel had instructed him to visit the graveyard that night and supplicate for the deceased.

These facts show that this amal was exclusive with Rasulullah (sallallahu alayhi wasallam). No one ever makes dua in this manner –lifting the hands thrice. Just as it is argued that lifting the hands is Sunnat on the basis of this Hadith, so too can it be contended that to lift the hands thrice is also Sunnat. But no one has adopted it, not even the innovators of the new method. This should further clarify that one cannot simply establish a ritual act of ibaadat by a random selection of Ahaadith regardless of whether the act is in conflict with the Ta-ammul of the Akaabireen.

THE THREE AHAADITH

The Ahaadith narrated by Hadhrat Ibn Umar, Hadhrat Uthmaan Bin Affaan and Hadhrat Aishah (radhiyallahu anhum) regarding the ibaadat of Isaal-e-Thawaab in the Qabrustaan are very significant and emphatic in describing Nabi’s (sallallahu alayhi wasallam) Tareeqah on these occasion. These Ahaadith have already been mentioned earlier on. In all three Ahaadith, Rasulullah (sallallahu alayhi wasallam) issued specific Ta’leem for observance at the graveside. In the Hadith of Ibn Umar (radhiyallahu anhu), Rasulullah (sallallahu alayhi wasallam) instructs the Sahaabah to recite parts of Surah Baqarah at the head and feet of the mayyit. He added nothing further. In the Hadith of Uthmaan Bin Affaan (radhiyallahu anhu), the instruction by Rasulullah (sallallahu alayhi wasallam) is to make Istighfaar and Dua for the mayyit. In the Hadith of Aishah (radhiyallahu anha) the ta’leem is to recite the Masnoon Dua which is generally recited when entering the qabrustaan. There is no mention of lifting the hands in the same way as there is no mention of lifting the hands when the countless other Masnoon Duas are recited at their respective occasions, e.g. when waking up in the morning, when making wudhu, when dressing, when looking in the mirror, when eating, after eating, etc., etc.

It will be erroneous to argue that since lifting the hands is among the aadaab of dua, it is permissible to lift the hands when making all these Masnoon Duas throughout the day.

In any ambiguity or doubt or conflict in the narrations, the imperative need is to refer to the Ta-ammul of the Akaabireen. Now since the new method of dua in the qabrustaan is in conflict with the Ta-ammul of the Akaabireen, it has to be rejected. It is not permissible to conform with this bid’ah which has been recently introduced.

WE ARE MUQALLIDEEN

Every Aalim, every Mufti and every Allaamah of this age should not be beguiled by his nafs and run away with the idea that he is a Mujtahid of this age. There are no Mujtahids alive today. We all are pure Muqallideen and have no right whatsoever to diverge from the Ta-ammul of the Akaabireen on issues of pure ritual acts of Ibaadaat. Ritual Ibaadat was settled and decreed fourteen centuries ago, and the strongest evidence for the authenticity of any act of ibaadat is the Ta-ammul of the Akaabireen and the Tasalsul (Continuity) which their amal enjoys. The continuity of their practices is the proof for the Chain reaching the Sahaabah (radhiyallahu anhum).

Some Maulanas in this age are falling into the same snare in which the Salafis and modernists have become entrapped. They select narrations from the Books of Hadith, submit these to their own opinions and issue corrupt interpretations which conflict with the Ta-ammul of the Ummah. This is a dangerous exercise with far reaching consequences highly detrimental to Imaan.

THE ATTITUDE OF THE SALF-E-SAALIHEEN

The Salf-e-Saalheen (our illustrious predecessors of the Taabieen, Tab-e-Taabieen ages and thereafter) have shown by their attitude that it is imperative to submit to the Ta-ammul and Rulings of the Fuqaha. The outstanding and lofty rank of Hadhrat Ibn Mubaarak (rahmatullahi alayh) in the firmament of Hadith and Fiqh is well-known. This illustrious Muhaddith and Faqeeh said: “If Allah Ta’ala had not aided me through the medium of Abu Hanifah and Sufyaan Thauri, I would have been just like the (ignorant) masses.”

Bishr Bin Al-Waleed Qaadhi (rahmatullah alayh) said: “Once when we were by Sufyaan Bin Uyainah (rahmatullah alayh), a very difficult problem confronted us (i.e. a Deeni Mas’alah). He (Sufyaan) said: ‘Is here any Companion of Abu Hanifah?” Someone said: ‘Bishr!”. He (Sufyaan) said: “Answer in this matter.” Then, I answered.” He (Sufyaan) commented: “Safety in the Deen is in submission to the Fuqaha.”

Great Fuqaha and Muhadditheen submitted readily to the Ulama whom they regarded as their Akaabir. The Muqallideen of this age have absolutely no right to extract Ahaadith from the Kutub, especially on acts of ritual ibaadat, and issue ‘fatwas’ in conflict with the Ta-ammul of the Akaabireen.

CONCLUSION

Every unbiased searcher of the Truth will understand what has been explained in this treatise. It is simple to understand that all the illustrious Akaabir Ulama who had devoted their lives to Ilm and the Sunnah would never have acted in conflict with the Sunnah of Rasulullah (sallallahu alayhi wasallam). The fact that they had not adopted the Hadith of lifting the hands in the qabrustaan is by itself ample evidence for the validity of the Ta-ammul of the Akaabireen. Their Ta-ammul is based on the Principles of the Shariah, and it is Waajib on the Ummah to follow the Ulama and the Fuqaha whose practices have come down to us by way of a reliable Chain of Transmission, from generation to generation.

And, Allah Ta`ala knows best. May He bestow to us the taufeeq to follow the Sunnah of Rasulullah (sallallahu alayhi wasallam) as understood and propagated by his Warathah (Heirs), the Akaabir Ulama of this Ummah.






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ZIYAARAT OF THE QUBOOR AND THE SHARIAH

BY MUJLISUL ULAMA OF S.A.

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Published by

Young Men’s Muslim Association

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