REFUTATION OF MJC BAATIL FATWA
Please advise if the Fatwa below is correct?
- The Fatwa issued is incorrect and corrupt. Yes, if a female (such as a widow) has no Mahram and is left with no option but to go to the marketplace (where strange men will be present) to fulfil her necessities, then she is permitted to do so based on necessity. At other times, a female is required to remain within the confines of her homes as stated in verse 33 of Surah Ahzaab, “Remain in your homes and do not make a display of yourselves as was the practice of the former period of ignorance.”
- We are living in an era where gazing with desire, fitnah, close intermingling is inevitable. This is a clear indication that both genders should not be interacting with each other at all unless there is a valid reason to do so. The Fitnah has engulfed our homes, Masaajid, Madaaris, functions, etc. Just making eye contact with the opposite gender is sufficient to initiate an illicit relationship and destroy a home.
- The text used by the organization proving intermingling, is in reference to gathering in Arafah, Muzdalifah, etc. during Hajj. These are instances where Shariah has permitted females to be present, hence the text is being misinterpreted and used out of context. Secondly, a religious person with Deen in their life would not consider getting involved in any form of disobedience in these blessed places. The fact that so many engage in sin even in these places is an indication of how corrupt the minds and hearts of people have become, hence, the need for extreme caution at all times. Nevertheless, the text has being incorrectly applied to prove the permissibility of intermingling in weddings, Haraam graduations and functions, which are baseless. Shariah has not permitted females to attend any of these functions.
- Intermingling is impermissible due to our above explanation, hence there is no question of other Haraam activities. Intermingling itself is the first Haraam activity.
- The scholar contradicts himself. Above in #2 he states that interaction between individuals of the opposite gender is impermissible if it involves gazing with desire, and here, he quotes Hadrat Fatima Radiallahu Anhu saying, “Modesty is that a woman does not see the face of a strange man and that he does not see her face.” Did Hadrat Fatima Radiallahu Anha state that seeing the opposite gender without desire is acceptable, or was her statement a general statement that is applicable to all times? Secondly, her statement was uttered during the best of eras when people were protected from Fitnah due to being close to the time of Rasulullah Salallahu Alaihi Wasallam. When this was her advice during the best of eras, what can be said of our times when teenagers are losing their virginity and honour, elderly grandparents are involved in illicit relationships, Ulama and Sheikhs are involved in wrongdoing?
- Deen is not based on feasibility and convenience. Deen is to strictly abide by the laws of Allah and His Rasul Salallahu Alaihi Wasallam. It is because of corrupt baseless rulings like the one issued by the organization, the Ummah is being led astray. We should be careful of who we associate with, and take our Deen from. The Hadith states that Islam had started in a strange way, and will once again become strange, glad tidings be to the strangers. The strangers are those who hold onto the true Deen brought to us by Rasulullah Salallahu Alaihi Wasallam and not the watered down, modern Deen that is according to our whims and desires. May Allah Ta’ala protect us all from the deviated scholars and their deviated rulings!
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
Mufti Mohammed Desai
Date:- 14 Muharram 1445 / 02 August 2023