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Aqeedah and Fiqh

The Authority of the Mufti

Published

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.

Keep supporting MuslimMatters for the sake of Allah

Alhamdulillah, we're at over 850 supporters. Help us get to 900 supporters this month. All it takes is a small gift from a reader like you to keep us going, for just $2 / month.

The Prophet (SAW) has taught us the best of deeds are those that done consistently, even if they are small. Click here to support MuslimMatters with a monthly donation of $2 per month. Set it and collect blessings from Allah (swt) for the khayr you're supporting without thinking about it.

Sh. A. Hasan is an experienced scholar, independent counsellor & psychologist, and community leader with over 20 years dedicated to Islamic studies, mental health, and community service. His academic journey began with an Imam Diploma, BA, and Ijaza Aliyah in Islamic Studies, where he specialised in Theology and Islamic Law. He pursued further studies in Fiqh (Islamic jurisprudence), Muslim family law (Ahwal al-Shaksiyat), Aqidah (Islamic theology), Usul al-Fiqh (Principles of Jurisprudence), Tafsir (Qur’anic exegesis), Usul al-Hadith (Hadith methodology), Ifta (Islamic legal verdicts), and comparative fiqh and other disciplines all taught entirely in Arabic from an European Islamic Seminary. He also holds a diploma in Arabic from Zarqa Private University in Jordan, where he also studied at the college of fiqh and Usul (Kulliat fiqh wa usuluhu) and received tutelage under renowned scholars from across the Middle East. In addition, he expanded his expertise into psychology and counselling. He studied certifications and diplomas in Person-Centred Psychotherapy, Marriage and Youth Counselling, Egan Model, and SFBT Psychotherapy. Over the past 15 years, he has supported clients facing a wide range of Islamic psychological challenges, including trauma, PTSD, suicide ideation, sexual abuse, depression, anxiety, grief, self-esteem issues, and marital discord, to name some. His approach integrates Islamic principles with modern authentic and evidenced based psychological practices, aiming to provide holistic care. Having studied MSc in Applied Psychology from the London Metropolitan University, he is currently completing a doctorate in the same field. He is a founding trustee of The British Board of Scholars & Imams (BBSI) and a member of The Global Imams & Scholars Council (GISC). He has also founded and led 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. Sh. A. Hasan’s passion for mental health is reflected membership of The Association of Islamic Mental-Health Specialists (AIMS). He teaches Islamic Psychology & Counselling Psychologist at Spring Foundation and provides chaplaincy counselling at various mosques in London, UK, offering support that integrates Islamic teachings with evidence-based psychological interventions.

5 Comments

5 Comments

  1. me

    October 10, 2012 at 1:59 AM

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

  2. Umm Eesa

    October 10, 2012 at 8:20 AM

    Allahu Akbar. So what happened to him after that?

  3. FUS

    October 20, 2012 at 8:46 AM

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

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