Aqeedah and Fiqh

The Authority of the Mufti

Published

October 9, 2012

At a time where there are many trying to deconstruct the fundamentals of Islam to suit their whims and desires, who only profess Islam superficially and sometimes only perform rituals just merely to confirm to their lost identity; where there are not many courageous individuals who will stand up to the oppressors corrupting the world with their filth, the following incident or jihad (struggle) of the late Mufti of Tunisia, Shaykh al-Islam Muhammad Tahir ibn ‘Ashur, reminds us about men who stood up for freedom and justice.

They did not care the least what would happen to them if they spoke out. Their familial affinity or otherwise did not deter them from practicing the Sunnah of the beloved or fulfilling a religious obligation of changing the munkar (vice) in their society.

Those who are in a position of leadership or some kind of authority should learn from this and take heed, and remember that our pious predecessors were not great because they amassed great fortune and prestige in the community – we remember and regard them to be great men because they stood up for justice and struggled to eradicate injustice in their society.

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Habib Bourguiba, the late President of Tunisia argued in 1961 (1381 Muslim Calendar) that ‘fasting’ during Ramadan should not be observed for it reduces productivity. He then appeared on television with his cabinet, eating and drinking during Ramadan. Bourguiba then asked the Grand Mufti of Tunisia, Sheikh al-Tahir ibn ‘Ashur (Arabic: الشيخ الطاهر بن عاشور‎), to issue a fatwa accommodating the desires of the state.

The Grand Mufti of Tunisia went on television and addressed the audience and read Surat’l-Baqarah: 183:

O you who believe! Observing the fasting is prescribed for you as it was prescribed for those before you, that you may become the pious.

God said the truth (Arabic: صدق الله العظيم‎), and President Habib Bourguiba lied.

Then he issued a fatwa that not observing Ramadan is a sin and whoever doesn’t observe the fasting has knowingly rejected his well-known religious duty forcibly and added that fasting does not reduce productivity.

May Allah bring forth men and scholars like Shaykh al-Islam ibn ‘Ashur and through them rectify the condition of the Ummah.

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Related Topics:fatwa Fiqh mufti rulings

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Sh. Abdullah Hasan

Sh. Abdullah Hasan holds an Imam Diploma, BA, and Ijaza Aliyah in Islamic Studies from a European seminary. Disciplines include fiqh, usul al-fiqh, Ifta, and other traditional subjects. He also has a diploma in Arabic from Zarqa Private University and studied at the college of fiqh wa usuluhu at the same university, receiving private training from renowned Scholars in Jordan and the Middle East. With a background in counselling and psychology, he has provided therapy for individuals, couples, and families for over a decade. He holds certificates and diplomas in person-centred psychotherapy, marriage and youth counselling, and SFBT psychotherapy. Sh. A. Hasan is currently pursuing a doctorate in applied psychology after completing a Master's degree in the same field, and also Masters Programme in Medical Psychology. His expertise also extends to Zakat and Islamic philanthropic studies. Having served as an Imam in various UK Muslim communities, Sh. A. Hasan is deeply committed to community and people development. He brings over 10 years of experience in management, leadership, and training within the third sector. Currently, he serves as a teacher of Islamic psychology and counselling, a Consultant Counselling Psychologist at Gift Foundation. Additionally, he provides Chaplaincy counselling from multiple mosques in London, UK. Sh. A. Hasan is the founder of significant initiatives such as Imams Against Domestic Abuse (IADA), the British Imams, Scholars Contributions and Achievements (BISCA Awards), and the British Institutes, Mosques, and Associations (BIMA Awards). He is a member of The Association of Islamic Mental-Health Specialists (AIMS) and actively contributes to numerous other community organisations and projects, nationally and globally.

5 Comments

me

October 10, 2012 at 1:59 AM

alhmdulillah, *
let such people be the true face of Islam.

Reply
Umm Eesa

October 10, 2012 at 8:20 AM

Allahu Akbar. So what happened to him after that?

Reply
- Khader Ali Khan
  
  October 10, 2012 at 12:39 PM
  
  Yeah, i’m interested in knowing that too.
  
  Reply
  - M B
    
    December 25, 2016 at 12:13 AM
    
    He was essentially removed from the position and forced to “retire” after his famous saying resulting in the worsening of the relationship between him and Bourogaibah.
    
    Ref: Aljazeera encyclopedia
    
    http://www.aljazeera.net/encyclopedia/icons/2015/3/3/%D9%85%D8%AD%D9%85%D8%AF-%D8%A7%D9%84%D8%B7%D8%A7%D9%87%D8%B1-%D8%A8%D9%86-%D8%B9%D8%A7%D8%B4%D9%88%D8%B1
    
    Reply
FUS

October 20, 2012 at 8:46 AM

need that’s type of individuals who have real knowledge of Islam.

Reply