The Issue of Female Rulership – Muftī Muḥammad Rafī‘ ‘Uthmānī

What is Islām’s stance on a woman being made the sovereign ruler of a country? When Pakistan elected its first female prime-minister in December of 1988, many concerned individuals were asking whether this is permissible in Islām. Hence, Muftī Muḥammad Rafī‘ ‘Uthmānī (b. 1936) wrote a detailed write-up on the issue of female rulership in Islām.*

Along with demonstrating that the Qur’ān, Sunnah and consensus of the scholars establish it to be impermissible, Muftī Muḥammad Rafī‘ addresses some common talking points of those who try to argue against this established ruling, namely:

  • The alleged stance of Imām Ibn Jarīr al-Ṭabarī
  • The Qur’ānic account of Queen Bilqīs, queen of Sheba
  • ‘Ā’ishah’s [raḍiyAllāhu ‘anhā] participation in the Battle of Jamal
  • Mawlānā Ashraf ‘Alī Thānawī’s discussion on the ḥadīth warning against female political sovereignty being inapplicable to a democratic government

Muftī Muḥammad Rafī‘ also demonstrates the unanimous verdict of the scholars of Pakistan is of impermissibility.

The write-up, authored in December of 1988, was endorsed and signed by major muftīs and scholars of Pakistan, namely Muftī Rashīd Aḥmad Ludhyānwī, Muftī Walī Ḥasan Tonkī, Mawlānā Salīmullāh Khān and Mawlānā Yūsuf Ludhyānwī.

Aḥsan al-Fatāwā, 6:149-182; Nawādir al-Fiqh, 2:151-94

Women Attending the Masjid – A Clarification

According to the clear statements of the Ḥanafī Fuqahā’ and their understanding of the Dalā’il of Sharī‘ah, women should neither attend congregational ṣalāhs at the masjid nor attend the Eid Ṣalāh. Many people have raised objections against this position. Some of these objections reflect common misunderstandings. We therefore felt it would be appropriate to write a comprehensive clarification, addressing the following issues:

  • Approach to Dīn and its Aḥkām (commands)
  • Rulings may change based on circumstances
  • Opinions of the Fuqahā’ and their explanations of the Dalā’il
  • It is more rewarding for women to pray at home
  • A woman’s emergence from the home should be restricted

In the course of the clarification, we hope to address most of the substantive objections raised against the Ḥanafī stance, in particular the claim that it opposes the clear guidance of the Sunnah on women being allowed to attend congregational ṣalāhs at the masjid and being encouraged to attend Eid Ṣalāh.

Are Grandnieces one’s Maḥrams?

Question:

Are the granddaughters (son’s daughter/daughter’s daughter) of a man’s brothers or sisters included amongst his maḥrams?

Answer:

Yes, they are his maḥrams. [1]

[1]

فتحرم بنات الإخوة والأخوات وبنات أولاد الإخوة والأخوات وإن نزلن (رد المحتار، دار عالم الكتب، ج٤ ص٩٩

وكذا الأخوات من أي جهة كن وبنات الأخوات وإن سفلن (فتاوى قاضيخان، دار الكتب العلمية، ج١ ص٣١٦

فأما النسب فهو الرحم المحرم وهم أربعة أصناف…والصنف الثالث: الإخوة والأخوات من أي وجه كانوا: لأب وأم أو لأب أو لأم وأولاد جميعهم وإن بعدوا (النتف فى الفتاوى، مؤسسة الرسالة، ج١ ص٢٥

Happy British Muslims Video

QUESTION

There’s been a recent video released and participated in by many notable British ‘practising’ Muslims termed ‘Happy British Muslims’.

Perhaps the most concerning feature (for some of us at least)  is that a prominent UK scholar is featured in it. He has since gone on record to say,”I’m delighted to see the outcome of the Happy British Muslims video, which has unlocked a remarkable tide of goodwill around the world, and significantly tilted the image of Muslims among many sceptics. Islamophobes must be grinding their teeth to see Muslims of different races and age-groups united by happiness. No one will produce a Sharia argument against jumping for joy!”

Could you please explain if there are any ‘sharia arguments’ that are violated in this video? Continue Reading