Sunday, February 16, 2014

THE APPLICATION OF REVELATION Part 1 & 2 {NOTE & AUDIO} {May 29 2013 - June 02 2013}

(PART 1)

By Shaikh Abdullah El-Faisal

20 RAJAB 1434 / 29th MAY 2013

Notes by AT8 & AT10

Edited by Abu Hafiza  & Jansep2001

- This topic is important: We will be looking at Usool ul Fiqh.

- We are talking about how to implement & apply Revelation.


The Revelation is Quran and Sunnah.

The Hadith which is the revelation; is divided into two categories:

Hadith NABAWI and Hadith QUDSI

The Hadith Qudsi is called the Sacred Hadith.


- The hadith Qudsi is a hadith in which the meaning came to the prophet (Sallallahu alayhi wa sallam) from Allah, by way of inspiration and revelation.

- Which the Prophet expressed the Hadith in his own words.

Hadith-e-Qudsiis a term used which signifies that the meaning of the hadith is from Allah (SWT) Subhanah, and the words are related from the Messenger of Allah (Sallallahu alayhi wa sallam), unlike the Quran where the meaning and the words are both from Allah (SWT).

Hadith-e-Qudsiis not a separate book or Revelation of Allah Subhanah like the Quran, and the exact same science and investigation that is needed to determine the authenticity of any hadith will be used to determine if the Hadith-e-Qudsi narrated by the narrator from the Messenger of Allah (
Sallallahu alayhi wa sallam) is indeed authentic or not.


 There are four differences:

DIFFERENCE 1: - With the Quran, the words and the meanings are both from Allah (SWT)

- However, with the Hadith Qudsi, the meaning is from Allah;

- But the Prophet (Sallallahu alayhi wa sallam) expressed with words.

DIFFERENCE 2: - We recite the Quran in Salah; - However we cannot recite Hadith Qudsi in Salah

DIFFERENCE 3: - The Holy Quran is Mutawaatir,

-While not every Hadith Qudsi is Mutawaatir.

DIFFERENCE 4: - To read and recite the Quran is an act of Ibadah, 

- Each letter you recite gives you ten barakah

- You do not get ten barakah for each time you each letter in a hadith Qudsi.

There is no doubt that you get barakah for reading hadith, 

- But not on the same level as reading Quran.

All these things are called Mustalah Hadith and Usul al Fiqh

Some examples of Hadith Qudsi:

Allah (SWT) Has Forbidden oppression, For Himself and the Muslims:

On the authority of Abu Dharr Al-Ghafari, of the prophet is that among the sayings he relates from his Lord is that He said: "O MY servants, I have forbidden oppression for Myself and have made it forbidden amongst you, so do not oppress one another....

[Related by Muslim.]

Verily My Mercy Prevails Over My Wrath:

Abu Huraira reported Allah's Messenger (SAW) as saying: Allah, the Exalted and Glorious, said: "My Mercy prevails over My Wrath."

[Al-Bukhari (7553), Muslim (2751), Tirmidhi (3543), Ahmad (7297)]

I Am As My servant thinks of Me:

On the authority of Abu Hurayra (RA), who said that the Prophet (SAW)said: "Allah the Almighty said: 'I am as My servant thinks I am. I am with him when he makes mention of Me. If he makes mention of Me to himself, I make mention of him to Myself; and if he makes mention of Me in an assembly, I make mention of him in an assembly better than it. And if he draws near to Me an arm's length, I draw near to him a fathom's length. And if he comes to Me walking, I go to him at speed." 

[Al-Bukhari (7405) also by Muslim (2675), at-Tirmidhi(2388) and Ibn Majah (3822)]

Mankind abuses Me by abusing time:

On the authority of Abu Hurayra (RA), who said that the Messenger of Allah (SAW) said: "Allah said: 'Sons of Adam inveigh against[the vicissitudes of] Time, and I am Time, in My hand is the night and the day.'" As the Almighty is the Ordainer of all things, to inveigh against misfortunes that are part of Time is tantamount to inveighing against Him. 

[Bukhari (also by Muslim)]
An Example of cursing time:

- You look at yourself in the mirror; and you notice how your beard has become white and your  skin is wrinkled and you are 60 years old.

- You say: "Look what time has done to me".

- You start to curse the time.


Revelation 1: The Scrolls of Abraham (AS).

Revelation 2: The Psalms of Dawud (AS).

Revelation 3:  The Torah of Musa (AS).

Revelation 4: The Injeel of ISA (AS).

Revelation 5: The Quran of Muhammad (Sallallahu alayhi wa sallam).

From all these five revelations, only the Quran remains intact

The others have been corrupted, or fallen into oblivion.

To prove to you that the Quran is protected:

Allah (SWT) Said:

Verily We: It is We Who have sent down the Dhikr (i.e. the Qur'ān) and surely, We will guard it (from corruption).

(Al-Hijr 15:9)

The other verse to prove that the Quran is protected: 

Allah (SWT) Said:

Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise, Worthy of all praise (Allāh).

(Fussilat 41:42)

Allah (SWT) has promised to protect the Quran; So those who believe that the Quran is corrupted, are accusing Allah (SWT) of breaking His Promise.

They are accusing Allah (SWT) of breaking His promise of protecting the Quran.

To prove to you that the previous books have been corrupted: 

Allah (SWT) Said:
Then woe to those who write the Book with their own hands and then say, "This is from Allāh,"to purchase with it a little price! Woe to them for what their hands have written and woe to them for that they earn thereby.

(Al-Baqarah 2:79)

The Prophet (Sallallahu alayhi wa sallam) said do not believe the people of the book and do not reject them


Narrated Abu Huraira: "The People of the Book (Jews) used to read the Torah in Hebrew and then explain it in Arabic to the Muslims. Allah's Apostle said (to the Muslims). "Do not believe the People of the Book, nor disbelieve them, but say, 'We believe in Allah and whatever is revealed to us, and whatever is revealed to you.' "

[Sahih Bukhari Volume 9, Book 92, Number 460]

The Prophet (Sallallahu alayhi wa sallam) saw Umar (RA) reading the Torah, and he became upset


It was reported that the Prophet (SAW) became angry when he saw that ‘Umar had a page with something from the Torah written on it, and he (SAW) said: “Are you in doubt, O son of al-Khattab? Have I not brought you something shining and pure? If my brother Musa were alive, he would have no choice but to follow me.”

[Musnad Ahmad (3/387) No. 15195 and Sunan al-Darime (1/126) No. 435]

He became upset because what he was reading was a corrupted text.

The reason Allah (SWT) is protecting the Quran, is because the Quran is the final Revelation.

Allah (SWT) protected the Quran, because the previous books are obsolete.

We were created to apply Allah's Revelation.

Allah (SWT) Said:

And I (Allāh) created not the jinns and humans except they should worship Me (Alone).

(Adh-Dhariyat 51:56)


The whole purpose of our creation is to Apply Allah's Revelations

This is the purpose of life: 

Allah (SWT) Said:

And I (Allāh)created not the jinns and humans except they should worship Me (Alone).
(Adh-Dhariyat 51:56)

Allah (SWT) Mentioned the Jinn first, because they were on earth 2000 years before Man was created.

The whole purpose of creating man is for you to worship Allah (SWT).

Whatever Shariah you practice is your deen: 

Allah (SWT) Said: 

He could not take his brother by the law of the king (as a slave), except that Allāh Willed it.

(Yusuf 12:76)

'Deen al-malik' here: Means the Shariah of the king.

The Kuffar practice democracy because that is their deen

Allah (SWT) Said:

Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allāh for a people who have firm Faith.

(Al-Ma'idah 5:50)

Allah (SWT) is Asking you a question in above surah Al Mai'dah Verse 50

Allah  (SWT) is asking us if the system of Jahiliyya (Ignorance) is what we are seeking.

This ayah is telling you that Only Allah (SWT) Has The Authority To Legislate your Deen for you.

Ibn Kathir used this ayah to make takfir on those who implement man made laws,.

Ibn Kathir (rh) said: “So Whosoever abandons the wise Shariah which was revealed upon Muhammad ibn Abdullah, the seal of the prophets, and goes to other abrogated Shariah for judgment, he becomes a Kaafir. So how about the one who goes to al-Yaasiq (man-made law) for judgment and gives it precedence (over the Shariah of Muhammad (SAW). Whosoever does this has become a Kaafir by the Ijma of the Muslims.” [Al-Bidayah Wan-Nihayah, (Vol. 13, p119)]

Allama Shinqiti (RA) used this ayah to make takfir on those who go to the kaafir courthouse for judgement.

'Allama al-Shinqiti-May Allah be merciful with him-has said: To commit shirk with Allah in judging is of the same meaning as to commit shirk in His worship, there is no difference between the two in any manner. There is no difference in any sense between he who follows a system (nizam) other than Allah's system or law other than Allah's law (sharia) and he who worships an idol or prostrates to a false god. They are the same and both are polytheists [associating others] with Allah. [Adwa' al-Bayan, (7/162)]

Do you want the laws of Jahhiliya to judge for you?

Only Allah (SWT) Has The Authority To Legislate your Deen for you.

And Allah (SWT) Said:

Or even do they have associates (with Allah) who have legislated for them as the religion that which Allah has not given permission? And had it not been for the Word of Verdict, indeed it would have been decreed between them, and surely the unjust will have a painful torment.

(Ash-Shura 42:21) [Dr. Ghali translation]

- No priests, rabbis or shaikhs can give you a deen.

- Historically, there has always been a tug of war: between those who want to apply Allah's (SWT) Revelation, and those who want to apply abomination.

-Abomination = Haram things, (Evil and corrupt desires )


- The best generation was the generation of the companions (RA) of the Prophet ((SWT)).

-They tried to get the prophet to compromise in applying Allah's Revelation.

- A woman from the Makhzumiya tribe borrowed the expensive jewellery of other women and refused to give it back.

- The Makhzumiyah tribe were a very powerful tribe.

- The Prophet (Sallallahu alayhi wa sallam) commanded the Sahaba to cut off her hand.

- So they asked Usama, because they knew that the prophet loved Usaama,

-To go and ask the Prophet (Sallallahu alayhi wa sallam) to relax the punishment for her.

'A'isha reported that Quraysh were concerned with the case of a Makhzumi woman who had stolen something and they said, "Who will speak to the Messenger of Allah (SAW) about her?" They said, "Who is bold enough to do it except Usama ibn Zayd, the beloved of the Messenger of Allah?" Usama spoke to him and the Messenger of Allah (SAW) said, "How can you intercede when it is a case of one of the legal punishments of Allah Almighty?" Then he stood up and spoke and said, "Those before you were destroyed because when a noble among them stole, they let him be, but when the weak among them stole, they carried out the legal punishment on them. By Allah, if Fatima the daughter of Muhammad were to steal, I would cut off her hand."

[A-Bukhari (3475) and Muslim (1688)]

- Even though the sahaba were the most noble and pious;

- They approached the prophet and asked him to relax the application of the law.

- This proves that people always have problems applying the Revelation of Allah (SWT).

- Historically people struggled to keep up with the rules.

Evidence for cutting the hand of the thief: 

Allah (SWT) Said He is the Legislator:

Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allāh. And Allāh is All ­Powerful, All­ Wise.

(Al-Ma'idah 5:38)


Is not Allāh the Best of judges?

(At-Tin 95:8)


- A country governed with man-made laws has no mercy in its legal system

- They will tell you that ignorance of the law is no excuse.

- you do the crime, you pay the fine, or you do the time.

- Where as  Allah (SWT) Has Made His Mercy Prevail His Wrath:

Abu Huraira reported Allah's Messenger (SAW) as saying: Allah, the Exalted and Glorious, said: "My Mercy prevails over My wrath."

[A-Bukhari (7553), Muslim (2751), Tirmidhi (3543), Ahmad (7297)]


Allah Said:

Allāh is never unjust to (His) slaves.

(Aali Imran 3:182)

Allah (SWT) is not tyrannical to His servants.

He has made oppression Haram on Himself and Haram among us:


On the authority of Abu Dharr Al-Ghafari, of the prophet is that among the sayings he relates from his Lord is that He said: "O My servants, I have forbidden oppression for Myself and have made it forbidden amongst you, so do not oppress one another

[Related by Muslim]

- You think haram is upon you only.

- There are a lot of things that Allah (SWT) Has Made Haram for Himself:

- It is Haram for Allah (SWT) to oppress,

- It is Haram for Allah (SWT) to lie,

- It is Haram for Allah (SWT) to create another creation and give him the same power as Himself

- If Allah (SWT) created another god like himself, there would be fitnah.

Allah (SWT) Said:

if there had been many gods), behold, each god would have taken awaywhat he had created, and some would have tried to overcome others! Glorified be Allāh above all that they attribute to Him!

(Al-Mu'minun 23:91)

- Each god would want to seize his own Creation.

- Each god would want to run away with what he created, there would be fitnah.

- It is haram for Allah (SWT) to beget a son, He Has no wife:

Allah (SWT) Said: 

How can He have children when He has no wife? He created all things and He is the All-Knower of everything.

(Al-An'am 6:101)

- The Christians say Allah (SWT) committed suicide, he begot a son, he had an affair.

- The Christians say Allah (SWT) came down on earth and died for Mankind. 

- They accuse Allah (SWT) of committing Suicide.

- It is Haram for Allah (SWT) to break a Promise.

Allah (SWT) Said: 

"Our Lord! Grant us what You promised unto us through Your Messengers and disgrace us not on the Day of Resurrection, for You never break(Your) Promise."

(Al Imran 3:194)

- Those who believe the Quran is corrupted are kuffar.

-When you refuse to call a kaafir a kaafir you become a kaafir yourself.

- It's a principle of Takfeer

Abu al-Husain Muhammad Ibn Ahmad al-'Asqalani said: «The Mu'tazila of Baghdad and Basra, and all of ahl al-Qibla, there is no ikhtilaf between them concerning, that the one who doubts regarding the kafir then he himself is a kafir, because the doubter (sakk) concerning kufr there's no ‘iman for him, because he don't know kufr from ‘iman. So there's no dispute between the Umma, the Mu'tazila and other than them; that the doubter concerning the kafir is kafir!“Taken from

(Kitab al-Tanbih wa al-Radd 'ala ahl al-Ahwa' wa al-Bida’, by Muhammad Ibn Ahmad al-Malati)



- Allah (SWT) is independent from the law

- Allah (SWT) has absolutely nothing to gain from us.

- Even if we were to become the righteous people on Earth:

- It would not increase anything in Allah's Bounty.


On the authority of Abu Dharr Al-Ghafari, of the prophet is that among the sayings he relates from his Lord is that He said: "O My servants, I have forbidden oppression for Myself and have made it forbidden amongst you, so do not oppress one another. O My servants,all of you are astray except for those I have guided, so seek guidance of Me and I shall guide you.

O My servants, all of you are hungry except for those I have fed, so seek food of Me and I shall feed you. O My servants, all of you are naked except for those I have clothed, so seek clothing of Me and I shall clothe you. O My servants, you sin by night and by day, and I forgive all sins, so seek forgiveness of Me and I shall forgive you. O My servants, you will not attain harming Me so as to harm Me, and you will not attain benefiting Me so as to benefit Me.

O My servants, were the first of you and the last of you, the human of you and the jinn of you to become as pious as the most pious heart of any one man of you, that would not increase My kingdom in anything. O My servants, were the first of you and the last of you, the human of you and the jinn of you to be as wicked as the most wicked heart of any one man of you, that would not decrease My kingdom in anything.

O My servants, were the first of you and the last of you, the human of you and the jinn of you to rise up in one place and make a request of Me, and were I to give everyone what he requested, that would not decrease what I have, any more than a needle decreases the sea if put into it O My servants, it is but your deeds that I reckon up for you and then recompense you for, so let him who finds good praise Allah, and let him who finds other than that blame no one but himself"

[Related by Muslim.]

- When you take out insurance:

- You sign the document, but you forgot to read the small print.

-So the insurance company will not give you any money.

-They will make an excuse, i.e. we do not cover against natural disasters,

-The law giver cannot be a person who has something to gain from the law.

-THE ICC: The Hague: The Africans are making a stink about the court.

-They say they are coming after the Africans, but Bush and Blair are above the law.

-But they want to arrest Sudanese president.

-Why don't they arrest Bush and Blair?

-The ICC makes its own laws and prosecutes people they don't like or who are in their way. They are racists.

-Bush and Blair are given red carpet wherever they go.

In the Islamic State: NOBODY IS ABOVE THE LAW:

Allah (SWT) Said: I Created you therefore I command you:

His is the Creation and Commandment. Blessed be Allāh, the Lord of the 'Alamīn (mankind, jinns and all that exists)!

(Al-A'raf 7:54)

-Allah (SWT) Knows your needs, He Knows how you think.

-Allah (SWT) Knows man more than any psychologist, He Knows our natural instincts.

Allah (SWT) Said:

So do not fear the people but fear Me, and do not exchange My verses for a small price. And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.

(Al-Ma'idah 5:44) (Pickhtall)

- Therefore those who do not govern what by Allah (SWT) has revealed are AL-KAFIRUN

- The Wicked Scholars claim that this ayah is talking about Jews

- The sincere scholars say that when you say this is for the Jews, you are insulting Muhammad (Sallallahu alayhi wa sallam).

- And the Islamic Shariah.

- Because you are saying, to dismantle the Sharia of Moses makes you a kaafir;

- But to dismantle the Sharia of Muhammad (Sallallahu alayhi wa sallam) does not make you a kaafir

- So you are claiming that the Shariah of Musa is better than the Shariah of Muhammad (Sallallahu alayhi wa sallam).

- These wicked scholars try to put a spin on the Ayah

-Historically there has always been a struggle between Hizbullah and Hizbushaytan

-Hizbu-Allah = Those who apply Allah's Revelation

-Hizbu-shaytan = Those who apply abomination.


- The Scholars gave us twelve methods of applying Allah's Revelation:

- This is called USUL AL FIQH - The principles of Fiqh


Jabiribn Abdullah (RA) narrated the Messenger of Allah (SAW) said in the Jumu’ah khutbah: "...To proceed. The best of the speech is embodied in the Book of Allah, and the best of the guidance is the guidance given by Muhammad. And the most evil affairs are their innovations; and every innovation is error..."

[Sahih Muslim (2/592) No. 867]

- There is no difference of opinion that the Quran is the first source.


-There are people who call themselves 'Quraniyoon';

-They reject hadith as the second source of applying Allah's Revelation.

-They have the audacity to quote the Quran to give evidence to reject the hadith.

The Ayah they use is Surah 6: Verse 38

We have neglected nothing in the Book, then unto their Lord they (all)shall be gathered.

(Al-An'am 6:38)

-Then they claim that the word HADITH linguistically means GOSSIP.

-They say: "So why should I take my DEEN from Gossip?"

-These people are called the Parvezis - They are the followers of Ghulam Pervez

-They claim that we have Kitaab Allah (SWT), why should I follow hadith.

-We will now use Quran and Sunnah to flush their dodgy ideology  down the drain.

-If you were believers in the Quran, then you would consequently believe in hadith, 

- because we were commanded by Allah (SWT) in the Quran to follow hadith:

We say to them: 

Allah (SWT) Said: 

Say (O Muhammad SAW to mankind): "If you (really) love Allāh then follow me (i.e. accept Islāmic Monotheism, follow the Qur'ān and the Sunnah), Allāh will love you and forgive you of your sins. And Allāh is Oft-Forgiving, Most Merciful."

(Aali Imran 3:31)

The second proof we use against the Parvezis is 55:3-4

Allah (SWT) Said: 

Nor does he speak of (his own) desire. It is only an Inspiration that is inspired.

(An-Najm 53: 3-4)

- The Quran is 'wahi' [revelation] and the hadith is also 'wahi'.

-The hadith carries the same power as the Quran in making things fardh (compulsory) on you;
and making things haram (forbidden/prohibited) on you.

- Another example. It is haram for men to wear gold and silk:

Abu Musa Ash’ari reported that Allah’s Messenger (SAW) said, “Wearing silk and gold is forbidden to the men of my Ummah. But (they are)allowed to their women.”

[Sunan Tirmidhi (4/217) No. 1720, SunanAn-Nasa'i (8/161) 5148]

- Example. Sadaqatul Fitr was made fardh by hadith.

- Also we have to recite Surah Fatihah in every single rakah of salah

- This was made fardh by hadith:

NarratedBy 'Ubada bin As-Samit: The Messenger of Allah (SAW) said, "Whoever does not recite Al-Fatiha in his prayer, his prayer is invalid."

[Al-Bukhari (756) and Muslim (394)]

-It is haram to marry two sisters and live with them simultaneously,

-This is found in the Quran.

- But in the hadith we find that you cannot marry the aunt and the niece simultaneously.

Narrated Um Habiba: I said, "O Allah's Apostle! Marry my sister, the daughter of Abu Sufyan." He said, "Do you like that?"I said, "Yes, for even now I am not your only wife; and the most beloved person to share the good with me is my sister." The Prophet said, "But that is not lawful for me (i.e., to be married to two sisters at a time.)" I said, "O Allah's Apostle! By Allah, we have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "By Allah !Even if she were not my stepdaughter, she would not be lawful for me to marry, for she is my foster niece, for Thuwaiba has suckled me and Abu Salama; so you should neither present your daughters, nor your sisters to me."

[Sahih Bukhari, Volume 7, Book 62, Number #43]

- Another example: We take Jizya from fire worshippers, this is only found in the Hadith

'Umar did not take the Jizya from the Magian infidels till 'Abdur-Rahmanbin 'Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.

[Sahih Bukhari, Vol 4, Book 53, Hadith #384]

-The Hadith is also considered to be REVELATION, because Muhammad (Sallallahu alayhi wa sallam) did not speak from his hawaa (desires).

Another Ayah we use:  

Allah (SWT) Said in Surah Al Hashr verse 7:

And whatsoever the Messenger (Muhammad SAW) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allāh. Verily, Allāh is Severe in punishment.

(Al-Hashr 59:7)


Allah (SWT) Said in Surah An Nahl Verse 44:

that you may explain clearly to men what is sent down to them, and that they may give thought.

(An-Nahl 16:44)

-that you may explain clearly to men what is sent down to them

-For you Muhammad (Sallallahu alayhi wa sallam) to use the Hadith to explain the Quran clearly to the people

-So Allah Told you to pray five times a day, But Muhammad (Sallallahu alayhi wa sallam) taught you how to pray.

-During Tashahhud, you must recite AS SALAM ALAN NABI and NOT AS SALAMALAIKA NABI

-grave worshippers say "asalam alayka" in tashahud to worship Muhammad (Sallallahu alayhi wa sallam)


Ijma'a = Consensus, Agreement.

- Ijamaa means consensus. A total agreement. It is derived form the word Jama'a

- The four great Imam's believe in Ijma'a

- The Dhahiriyyah don't believe in Ijma'a, 

- They say that Ibn Abbas keptquiet about many things because he was afraid of Umar.

- There are three type of Ijma'a:


-Example 1: To grow the beard is fardh.

-Example 2: If you abandon Salah you are a Kafir

Abdullah ibn Shaqiq Uqayli (RA) reported, saying “The companions of Muhummad (SAW) did not regard neglect of any of the deeds as disbelief as they did (neglect) of Salah."

[Sunan Tirmidhi (5/14) No. 2622 and Mustadrak al-Haakim (1/48) No. 12 who said it met the conditions of al-Bukhari and Muslim]

Jabir (RA) reported that Allah’s Messenger (SAW) said, “Between a man (Muslim) and shirk and disbelief lies neglect of salah.”

[Sahih Muslim (1/88) No. 82, Sunan Tirmidhi (5/13) No. 2620, Sunan Abu Dawud(4/219) No. 4678, Sunan Ibn Majah (2/181) No. 1078, Sunan An-Nasa'i(1/232) No. 463, Musnad Ahmad (3/370) No. 15021]


-Imam Malik (RA), Imam Sha'fi (RA), Imam Ahmad Ibn Hanbal (RA), Imam Abu Hanifah (RA).

- They all agreed that a woman does not make up her missed salah due to menstruation.

Example 1: When a woman menstruates she makes up the fast she missed but not the salah she missed, - all the four Imams agreed on this.

-Only the Khawaarij women would make up the Salah if they missed it due to menstruation, because they think themselves to be very pious.

Narrated By Mu'adha: A woman asked 'Aisha, "Should I offer the prayers that which I did not offer because of menses" 'Aisha said, "Are you from the Huraura' (a town in Iraq?) We were with the Prophet and used to get our periods but he never ordered us to offer them (the Prayers missed during menses)." 'Aisha perhaps said, "We did not offer them."

[Sahih Bukhari, Vol 1, Book 6, Hadith #318]


- The Ijma'a of the Ummah is so powerful.

-Example: There is no prophet after Muhammad (Sallallahu alayhi wa sallam).

-Example: Hajj is only compulsory only once in your lifetime.

-The prophet only made hajj once.

-The best man was Muhammad(Sallallahu alayhi wa sallam).

Allah (SWT) Warned those who went against the Ijma'a of the Ummah: 4:115

Allah (SWT) Said:

And whoever contradicts and opposes the Messenger (Muhammad SAW) after the right path has been shown clearly to him, and follows other than the believers' way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination.

(An-Nisa 4:115)

and follows other than the believers' way  and burn him in Hell -

What an evil destination. 

If you go against the Ijma'a of the Ummah, your destiny is in the Hell-fire

Whatever the Muslims see as good, Allah (SWT) Sees it as good, and Whatever the Muslims see as evil,

Allah (SWT) also Sees it as evil:


Ibn Mas'ud (RA) said, "Whatever the Muslims see as good is good with Allah, Whatever the Muslims see as bad, Allah sees as bad."

[Mustadrak al-Haakim (3/83) No. 4465, classed as Sahih by Adh-Dhahabee]

Ibn Mas'ud (RA) said, "Indeed Allah looked into the hearts of the servants and found the heart of Muhammad (SAW) to be the best of the hearts of His servants and so He chose him for Himself and sent him as a Messenger. Then He looked into the hearts of His servants after Muhammad and found the hearts of the Companions to be the best of the hearts of the servants. So He made them ministers of His Messenger fighting for His Deen. So whatever the Muslims see as good is good with Allah, Whatever the Muslims see as bad, Allah sees as bad."

[Musnad Ahmad (1/379) No. 3600]



- They deny what is known of Islam by necessity.

- They claim to follow Imam Malik (RA), but;

- Imam Malik (RA) said: It is known of Islam by necessity that Allah (SWT) Is Above His Arsh.

- But the Sufis say Allah (RA) is everywhere.

Ja'far Ibn Abdullah narrated: We were with Malik Ibn Anas when a man came to him and said: “O Abu Abdullah (Allah said) 'Ar-Rahman upon the Throne Istawa' (20:5), how was His Istiwa? Imam Malik inclined his head and was silent until the sweat of fever covered his brow, then he looked up and said: "Istiwa is not unknown, the Kayf (how) is uncomprehendable, believing in it is wajib (obligatory), and asking about it is bid'ah (innovation), and I do not think that you are anything but an innovator." Then he ordered that the man be expelled.

[Abu-Naeem Al-Asbahani in 'Hilyatul-Awliya wa TabaqatAl-Asfiya' (Vol. 6, pg. 325-326)]


- They say Muhammad (Sallallahu alayhi wa sallam ) is alive in his grave, and he hasn't lost any of his faculties.

-Abu Bakr (RA) said: Muhammad (Sallallahu alayhi wa sallam ) is dead:

Abu Bakr said, "To proceed, if anyone amongst you used to worship Muhammad, then Muhammad is dead, but if (anyone of) you used to worship Allah, then Allah is Alive and shall never die. Allah said:"Muhammad is no more than an Apostle, and indeed (many) apostles have passed away before him...(till the end of the Verse)... Allah will reward to those who are thankful." (3.144) By Allah, it was as if the people never knew that Allah had revealed this Verse before till Abu Bakr recited it and all the people received it from him, and I heard everybody reciting it (then).

[Sahih Bukhari, Vol 5, Book 59, Hadith 733]


- They went against the Ijma'a of the Ummah:

- They claim to follow Ibn Kathir and Ibn Taymiyyah, but;

- Ibn Kathir and Ibn Taymiyyah said;

Ibn Kathir (rh) said: “So whosoever abandons the wise Shariah which was revealed upon Muhammad ibn Abdullah, the seal of the prophets, and goes to other abrogated Shariah for judgment, he becomes a Kaafir. So how about the one who goes to al-Yaasiq (man-made law) for judgment and gives it precedence (over the Shariah of Muhammad (SAW).Whosoever does this has become a Kaafir by the Ijma of the Muslims.”

[Al-Bidayah Wan-Nihayah, (Vol. 13, p119)]

- It is known out of necessity that if you dismantle the Shariah you are a kaafir.

Ibn Taymiyyah (rh) said: “And it is known from the religion (of Islam)by necessity and by the consensus of all Muslims that whoever legalizes to follow other than the religion of Islam or a Shariah other than the Shariah of Muhammad (SAW), he is a Kaafir. And his kufr is similar to that of the one who believes in some part of the book (Quran) and reject some of it.”

[Majmua al-Fataawa (28/524)]

They say to dismantle the Shariah is minor kufr. 

They say it doesn't take one out of the fold of Islam.


They say the Quran is a corrupted text:

SHIA HUJJAH: The present Quran is in an altered, corrupted and distorted form..
 (Fatuhat-e-Shia, p. 129)

They also claim that their Imams know when they are going to die; they choose when they are going to die and they don't die unless it is their will.

SHIA HUJJAH: The Imams know when they will die, and they only die by their choice.

(Al Kafi vol.1 p.25 )


Allah (SWT) Said:

No person knows what he will earn tomorrow, and no person knows in what land he will die. Verily, Allāh is All Knower, All­ Aware (of things). (Luqman 31:34)

-Their pathetic ideology contradicts the Quran.


-They say Mirza Ghulam Ahmad was a prophet after Muhammad (Sallallahu alayhi wa sallam ) .


They said Elijah Pole was a prophet after Muhammad (Sallallahu alayhi wa sallam ) .

-Elijah Pole was a pervert; he impregnated many 13 year old girls.

The proof that Muhammad (Sallallahu alayhi wa sallam ) is the last messenger and prophet: 

Allah (SWT) Said:

Muhammad (SAW) is not the father of any man among you, but he is the Messenger of Allāh and the last (end) of the Prophets. And Allāh is Ever All­ Aware of everything.

(Al-Ahzab 33:40)


Abu Hurairah (RA) narrated that the Messenger of Allah (SAW) said: “My likeness and the likeness of the prophets before me is the likeness of a person who built a house, made it beautiful and made it complete, except the place of a stone in the corner. So people began to go round and to wonder at him and say: ‘Why have you not placed this stone?’ I am that stone and I am Khatam an-Nabiyyin (the Seal of the Prophets)".

 [al-Bukhari (3535) and Muslim (2286)]


- They say Allah (SWT) is everywhere.

-70 % of the people who claim to be Muslim are Ashaari

-They don't believe Allah (SWT) Is Above His Arsh.

-They claim Allah (SWT) is everywhere and you cannot restrict Allah

-They believe Allah (SWT) is everywhere with His Dhaat = [person]

-But if you say Allah (SWT) Is Everywhere with His Knowledge, we accept that from you.

- But if you say that Allah (SWT) is everywhere with His Dhaat, we will make takfir on you,

- Because Allah (SWT) is not in the toilet, the brothel or the pigsty.




23 RAJAB 1434 / JUNE 2nd 2013

We are going to include one more hadith on the issue of IJTIHAD.

IJTIHAD means independent judgement.

Some companions of Mu'adh ibn Jabal said: 'When the Apostle of Allah (SAW) intended to send Mu'adh ibn Jabal to the Yemen, he asked: "How will you judge when the occasion of deciding a case arises?" He replied: 'I shall judge in accordance with Allah's Book.' He asked: "(What will you do) if you do not find any guidance in Allah's Book?" He replied: '(I shall act) in accordance with the Sunnah of the Messenger of Allah (SAW).' He asked: "(What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah and in Allah's Book?" He replied: 'I shall do my best to form an opinion and I shall spare no effort.' The Messenger of Allah (SAW) then patted him on the chest and said: "Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah."' [Sunan Abu Dawood (3/303) No. 3592, Sunan Tirmidhi (3/608) No. 1327, Musnad Ahmad (5/230) No. 22060]

This takes place when we cannot find a direct answer in Quran and Sunnah, the Qadi uses his independent judgement to arrive at a conclusion.

The Messenger (Saws) was pleased with the answer of Mu'adh Ibn Jabal, on whose account the Scholars agree to the acceptance of IJTIHAD.

However, it is HARAM to use IJTIHAD if the TEXT is CLEAR.

We use IJTIHAD as the last option out of sincerity to the QURAN and SUNNAH.

Note: A Madhkhali will say to you that Shaikh Bin Baaz used IJTIHAD when he allowed the Kuffar in to Muslim lands.

Say to him, you cannot use IJTIHAD when the text is clear.

They think you are ignorant and they want to con you in regards to your DEEN.

Only if you cannot find an answer in the TEXT, do you resort to using your AQL.



Maslaha means to legislate or pass a verdict of public interest in order to benefit the public.

Maslaha is also termed as Masaalih/Mursala in some books of FIQH.

For Ex. - To establish a police force and prisons for the sake of keeping the peace.

For Ex. - To allow different forms of currency to facilitate transfer of goods and ease of business transactions.

For Ex. - To impose tax on those who trade in the Islamic State.

For Ex. - To tax those who come for hajj.

The Saudi regime started charging tax for HAJJ due to the infrastructure and water they provide the pilgrim.


The Saudi Regime said that because the infrastructure is good, they charge tax for hajjis.


CONDITION # 1 - The Maslaha should be used to bring good to the community and not harm to the community

This is because the whole purpose of the Shariah is to bring goodness to the community.

You can't use maslaha to fulfil corrupt and evil desires.

CONDITION # 2: You can't use maslaha to fulfil corrupt and evil desires.

So that people can do Haram and give the excuse of Maslaha.

People cannot use the argument of maslaha for haram.

CONDITION # 3 - The Maslaha should be genuine and not imaginary

You cannot pass a fatwa on imaginary scenarios.

The situation has to be real and genuine.

Allah Said:

CONDITION # 4 - The Maslaha should uphold the principles of the SHARIAH

It has to coincide with the Shariah; it cannot contradict Quran and Sunnah.

Or have they partners with Allah (false gods), who have instituted for them a religion which Allah has not allowed. And had it not been for a decisive Word (gone forth already), the matter would have been judged between them. And verily, for the Zalimun (polytheists and wrongdoers), there is a painful torment. (Ash-Shura 42:21)

The Scholars say that the Maslaha that is legislated cannot contradict the DEEN; it has to be in conformity with the DEEN.

CONDITION # 5: The Maslaha should be “kulliyyah” (it has to benefit all the Muslims)

The word KULLIYAH means that it has to benefit all the Muslims and not just the elite with the exclusion of the poor.

CONDITION # 6: The Maslaha has to be legislated by a panel of Islamic Scholars who are qualified, not by the ignoramus.

To legislate the maslaha; it is a matter of ijtihad.

Allah Said: And We sent not (as Our messengers) before thee other than men whom We inspired - Ask the followers of the Remembrance if ye know not! - [16:43] [Picthall]

You should ask those who know.

Do not go to the ignorant just because you feel comfortable with the ignorant. You must go to the scholars who know.

A lot of people go to a jaahil for fatawah, but if they want to have surgery they go to the best doctor.

Don't take your DEEN for granted to your own detriment.

'The Ahlul Dhikr' are the people of knowledge.

And before thee, also the messengers We sent were but men, to whom We granted inspiration: if ye realise this not, ask of those who possess the Message. [16:43] [Yusuf Ali]

If a man wants to get fillings on his teeth, he wouldn't go to a shoe-maker; he would go to a dentist.

The ignorant Muslims go to the ignoramus; it is a trend of today.

Only a KAFIR takes his Deen from the KAFIR.

One of the seven conditions of the shahadah is Yaqeen (certainty).

'Abdur Rahman bin 'Abdul Qari said, "I went out in the company of 'Umar bin Al-Khattab one night in Ramadan to the mosque and found the people praying in different groups. A man praying alone or a man praying with a little group behind him. So, 'Umar said, 'In my opinion I would better collect these (people) under the leadership of one Qari (Reciter) (i.e. let them pray in congregation!)'. So, he made up his mind to congregate them behind Ubai bin Ka'b. Then on another night I went again in his company and the people were praying behind their reciter. On that, 'Umar remarked, 'What an excellent Bid'a (i.e. innovation in religion) this is; but the prayer which they do not perform, but sleep at its time is better than the one they are offering.' He meant the prayer in the last part of the night. (In those days) people used to pray in the early part of the night." [Sahih Bukhari (3/45) No. 2010]

Ibn Taymiyyah said (when refuting the view of those who quoted ‘Umar’s words “What a good innovation this is” as meaning that innovation (bid’ah) is permissible): "With regard to qiyaam in Ramadan, the Messenger of Allah (SAW) introduced this to his ummah, and he led them in prayer for a number of nights, because at his time they used to pray in congregation and individually. But he did not persist in leading them in one congregation, lest that be made obligatory for them. When the Prophet (SAW) died, shariah was established (and would not change after that). When ‘Umar (RA) became caliph, he united them behind one imam, Ubayy ibn Ka’b, who united the people in one congregation on the orders of ‘Umar ibn al-Khattab (RA). ‘Umar (RA) was one of the Rightly-Guided Caliphs, of whom the Prophet (SAW) said: “I urge you to adhere to my Sunnah and the way of the Rightly-Guided Caliphs after me; cling tightly to it.” So what he did was Sunnah but he said, “What a good innovation this is,” because it was an innovation in the linguistic sense, as they were doing something that they had not done during the life of the Messenger of Allah (SAW), i.e., gathering to do this, but it is Sunnah in the shar’i sense.” [Majmoo’ al-Fataawa (22/234-235)]

لمحدثات من الأمور ضربان: أحدهما ما أحدث مما يخالف كتابا أو سنة أو أثرا أو إجماعا، فهذه البدعة الضلالة، والثانية: ما أحدث من الخير لا خلاف فيه لواحد من هذا، وهذه محدثة غير مذمومة

 al-Bayhaqi relates in Manaqib al-Shafi'i (1/469) with his isnad that Imam al-Shafi'i said: The newly-invented matters are of two types: The first of them is that which has been introduced from that which opposes [something from] the book, or [something from] the sunnah, or a narration, or [a matter of] consensus. This is the misguided innovation. And the second is that which has been introduced of goodness and there is no opposition to anyone of these things [qur'an, sunnah, athar, ijmaa']. This is the newly-invented matter which is not blameworthy. [Marifat al-Sunan wa al-Athar (4/408) No. 6634 and al-Madkhal ila al-Sunan al-Kubra (1/206) No. 253]

Ex. Umar (RA) went to the masjid, he heard people reciting salatul taraweeh.

They were arguing about whether to pray 12 or 8 rakat.

There was chaos in the masjid, people were praying different numbers of rakah.

Umar (RA) organized the Taraweeh under one Imam and made it 20 rakat.

This is one of the greatest achievements of Umar (RA) during his Caliphate.

The people said it was bidaah.

However, what Umar (RA) did was MASLAHA and not bidaah.

One man said it was biddah: Umar (RA) replied that it was a wonderful bidaah.

The Shia do not pray taraweeh in their temples.

They preach KUFR, SHIRK & ZANDAQA.

We do not call the shia place of worship a masjid, it is a temple.

We have million of hafith all over the world because they are preparing themselves every RAMADAN to lead the people in TARAWEEH.

When Uthman (RA) compiled the Quran in one dialect, what he did was maslaha.

This uprooted Fitna in the Muslim world in regards to the Quran.

When 70 hafith died at the battle of Yamaama, Umar (RA) approached Abu Bakr (RA) to compile the Quran in book form.

Abu Bakr (RA) finally agreed, this is another example of Maslaha.

The Maslaha that is legislated should be for the benefit of our six sacred things.

We have six sacred things: Whenever the maslaha is legislated it should be for one of the six sacred things.


Ex. If you should buy a church in London and then you convert it into a masjid.

Ex. If you buy a cinema and you build a minaret on top of the cinema for people to realise that it is a masjid.

This is an example of maslaha, this Minaret that you built on top of the cinema comes under the category of Maslaha, because it benefits the Muslims.

Ex. Traffic lights:

The traffic light has become part and parcel of the Islamic Sharia

The traffic light is a part of the Shariah: Because it is used to preserve lives.

You cannot say it is bidaa.

You are not allowed to say you will not stop at the traffic lights.

It helps to preserve one of the six sacred things i.e. life

In the Islamic State if you jump the traffic light, you can be arrested.

The recompense of those who wage war against Allāh and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. (Al-Ma'idah 5:33)

Ex. To chop off the heads of those who smuggle drugs into the Islamic State.

When a panel of Ulema pass legislation for the benefit of the public, they need to take into consideration the SIX SACRED things to use MASLAHA.

The scholars use 5:33 as their hujjah.

When you have drugs in the Islamic State you are going to have murder, prostitution and other illness.

It is only for A Class drugs; heroin, crack, cocaine, opium.

Not cannabis, it is a C class drug.

To chop off the head of those who smuggle drugs is maslaha.

Or to kill a prostitute, she will spread STDs into society.

She falls into the category of those who spread FASAD in the land

Ex. To kill an armed robber, it is maslaha.

When Ali (RA) killed the khawaarij at the battle of Nahruwaan.

He did it for the sake of Maslaha because the Khawaarij were killing the Muslims and leaving alone the Kuffar.

And they had a dodgy ideology and they were corrupting the ummah.

 'Abdur-Rahmaan Ibn Muhammad Ibn Habeeb Ibn Abee Habeeb on the authority of his father, on the authority of his grandfather [who] said: I witnessed Khaalid Ibn 'Abdullah Al-Qasree - and he addressed them at Waasit - "Oh People, make sacrifice, may Allah accept it from you. Verily I am sacrificing Al-Ja'd Ibn Dirham, for indeed he claims that Allah did not take Ibrahim as a khaleel (close friend), and [that] He did not speak to Moosa. Most Perfect is He and exalted is He from what Al-Ja'd says." Then he descended and slaughtered him. I say: And the Jahmiyyah and Mu'tazilah speak with this, and they distort the text of the revelation regarding that, and they claim that the Lord is purified of that (i.e. having spoken to Moses and taken Ibrahim as a khalil). [Mukhtasar al-Uluww of adh-Dhahabi, (p.134)]

Khaalid Ibn Abdullah Al Qasree (RA): Killed a man who said that Allah did not take Abraham as his friend, and Allah did not speak to Musa.

This was his Maslaha. He would have been held accountable on the Day of Judgement if he allowed the person to spread his false ideology.

We ahlul sunnah wa jamaah, are texualists and not rationalists who go along with the AQL.

You follow the text, you are a textualist; but the jahmiyyah use the aql, they are rationalists.

Even the stones of MAKKAH used to give SALAAMS to the Prophet (Saws) and the stones have no tongue.

You see how easy it is to refute them?

How can you say Allah cannot speak.

To kill the zanaadiqa is maslaha because they are corrupting the people.

ZINDEEQ = Singular, ZANAADIQA = plural

They are fitnah for the people, the jaahil Muslims will follow them.

To exterminate them is called Maslaha, in order to protect the DEEN of the Muslims.


SOURCE # 7 = ISTISHAAB = To presume that a scenario is continuous unless we have evidence to prove otherwise.

The presumption that the state of affair, which is known to exist, will continue to exist (until we have hard evidence to prove otherwise).

It can also be defined as the legal presumption of a state of affair that is known to exist, continues to exist until we have evidence to prove it has ceased to exist.

 [Legal presumption]

A crucial aspect of the Shariah which is used in the courthouse every day.

For ex. You are absolutely sure you made Wudu but are doubtful about breaking it, therefore according to Istishaab, you are still in a state of WUDU.

Ex. The water is pure: You have no evidence that any najis was dropped in the water, the water is still pure.

So where did the Ulema get this ruling of Istishaab from? They got it form the Prophet (Saws) himself.

Ex. Every man is innocent until proven guilty.


The burden to provide the evidence is on the claimant.

 On the authority of Ibn Abbas (RA), that the Messenger of Allah (SAW) said: Were people to be given everything that they claimed, men would [unjustly] claim the wealth and lives of [other] people. But, the onus of proof is upon the claimant, and the taking of an oath is upon him who denies. A hasan hadith narrated by al-Baihaqee and others in this form, and part of it is in the two Saheehs.

This is another example of Istishaab. Since the burden to provide the evidence is on the man who is lodging the claim.

For Ex. A woman's husband left home to go for Jihad, and does not return for a period of 6 months.

She then goes to the courthouse and applies for permission to move on.

Ex. A Muslim goes off to fight Jihaad. - His wife didn't hear from him, she goes to a Qaadi and says she thinks he is dead. The Qaadi uses istihaab.

The Qadi tells her, you need to first provide me with HARD EVIDENCE to prove that he is dead.

Only then can you move on, distribute his property and remarry another man.

This is because we have courts that are SHARIA COURTS and not KANGROO COURTS.

She has to provide a death certificate or hard evidence that her husband is dead.

The burden to provide the proof is upon the claimant.

You cannot use 'dhan' = doubt.

We cannot use DHAN = DOUBT to make a verdict on a case in the courthouse. THIS IS HARAM.

We need HARD EVIDENCE. Because Allah said in the Quran that some DHAN is SIN

You cannot pronounce a man dead, or a man a thief etc.. on dhan = doubt or suspicion.

Allah Said:

O you who believe! Avoid much suspicions, indeed some suspicions are sins.

(Al-Hujurat 49:12)

The Kaafirs in the West, they arrive at their verdicts based on hearsay. This is how evil they are.

The kuffar invaded Iraq, claiming Iraq had WMD.

They killed over a million innocent Muslims on the account of suspicion.


عن ابن عباس رضي الله عنهما، قال: قال رسول الله صلى الله عليه وسلم: ادرءوا الحدود بالشبهات

Ibn Abbas (RA) narrated the Messenger of Allah (SAW) said: "Abandon the Hudood when there is doubt." [Musnad Abu Hanifa (Kitab al-Hudood) No. 4]

According to Sharia law it is better to let a man get away with adultery then to stone him for adultery that he did not commit.

Because the Prophet (Saws) said: "Abandon the Hudood when there is doubt."

Allah Said:

Certainly, conjecture can be of no avail against the truth. Surely, Allāh is All-Aware of what they do. (Yunus 10:36)

To prove to you that the Qaadi in the courthouse cannot pass verdicts based on dhan.

Suspicion can never replace the TRUTH. So do not take it to the SHARIA courthouse.

They are so evil in the west, they follow hearsay.

They killed a million Muslims based on dhan, (That Iraq had WMDs).

What if a woman is married and her husband went missing.

This is not an imaginary scenario. It took place at the time of the pious predecessors

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

 Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.'"

Malik said, "This is what I like the best of what I heard about the missing man."

[Muwatta Malik (1/635) No. 1653]

Her husband disappeared, she moved on. Then the first husband turned up.

Asking for his wife back, It was ruled that she had to stay with her second husband.

This is because the first husband could have contacted his wife



Usool ul Fiqh made easy

1) To deem/consider something appropriate.

Istihsaan is derived from the root word HASAN in Arabic. HASAN means good

2) To abandon a hujjah for a better hujjah.

3) For the Qadi to use his discretion.

Three definitions of Istihsaan.

In many FIQH books when they translate Istihsaan into English they use the word discretion.

If a scholar should go to a country, and he sees the people doing something he has never seen before.

He applies istihsaan.

If he considers it good, he applies the ruling of  istihsaan of their culture.

According to Shariah: Everything is halal until proven haraam.

This is because in SHARIA LAW everything is HALAL until proven HARAM

Allah Said:

Tā­Hā. We have not sent down the Qur'ān unto you (O Muhammad SAW) to cause you distress,

(Ta-Ha 20:1-2)

THE KHAWAARIJ (puritans) on the other hand believe everything is HARAM until proven HALAL.

Their Fiqh is upside-down and around and becomes a burden on the Muslims.

Some scholars say: Istihsaan means to abandon the hujjah in favour for custom of the people, to benefit the people and make life easy on the people.

Shaikh in Nigeria:

For Ex. The women demanded a meeting with SHAIKH in the Masjid with the condition that no men will be present. These women did not wear socks and exposed their ankles

According to the Hanbali Madhab, a women must cover her feet because a feet of a woman can turn on a man

In the Hanbali fiqh: The feet of the woman is awrah.

Shaikh was obliged whatever hujjah he had, in favour of their custom.

Shaikh had to use his discretion.

In order not to make the deen a burden of the people.

Since Shaikh was Hanbali, he was obliged to abandon his Hujjah about covering feet since they were MALIKI. He did this not to burden the people

Shaikh in South Africa:

The people were celebrating the prophet's (Saws) birthday.

People there celebrate the Prophets (Saws) birthday.

Shaikh could not say they couldn't celebrate, it was his voice against 3000 people.

Shaikh had to abandon the Hujjah in favour of their custom in order to make life easy for the people.

There was no kufr and shirk in the celebration.

Shaikh gave them a speech on the 'Merits of the Prophet (Saws)'

Another example:

If you are a Muslim scholar you know that it is Haram to look at the private parts of people.

A Muslim gynaecologist approached the scholar saying that he has to look at the private parts of many women.

The Muslim scholar uses his discretion, consider the facts on the ground and then pass a Fatwa on the issue.

He will have to abandon the hujjah in favour of another hujjah which is better:

It is haram to look at the private parts of each other.

However, he will allow the male gynaecologists to continue his practice due to the lack of female's doctors in the city.

When the prophet (Saws) was sending Muadh Ibn Jabl (RA) to Yemen:

On the authority of Anas bin Malik: The Prophet said, "Facilitate things to people (concerning religious matters), and do not make it hard for them and give them good tidings and do not make them run away (from Islam)." [al-Bukhari (6125) and Muslim (1734)]

 This is istishaan.

Another example:

According to the IJMAA of the SAHABAS if you do not pray you are a KAFIR.

You have a Muslim father who is rich and powerful, however he does not pray.

He only prays eid.

Instead he sits and drinks alcohol with his friends on the weekends.

His one and only daughter reaches puberty and she wants to get married.

She approaches a Muslim scholar, saying: "My father does not care for religion, can he be the wali to give me away?"

In this case the Muslim judge will use Istihsaan.

He will take everything into consideration:

If the father is replaced as wali, it will cause many problems.

According to the scholars a kaafir cannot be a wali, the hujjah is 4:141

Allah Said:

And never will Allāh grant to the disbelievers a way (to triumph) over the believers.

(An-Nisa 4:141)

However, this man in question, is supposed to be a Muslim, however he does not pray.

His one and only daughter who is his pride and joy wants to get married.

If the daughter replaces her father as wali, it could cause blood-shed.

Because he is rich and powerful.

The Scholar is obliged to abandon the Hujjah and allow him to be the Wali in order to protect the peace.

Another example:

A man is a governor of a province, he is rich and powerful.

He has girlfriends and he doesn't pray.

Even when he prays, he puts his left hand over the right hand.

This man died: His family called an Imam to pray over him.

But if they repent, perform As-Salāt (Iqāmat-as-Salāt) and give Zakāt, then they are your brethren in religion.

(At-Tawbah 9:11)

This is Hujjah that the one who does not pray is not a Muslim.

The Imam whose political power is weaker than the man who died, might open a can of worms if he refuses to pray over the father.

The Imam is obliged to abandon the hujjah: If the imam does not pray over this man there will be fitnah, his sons are rich and powerful.

They have political power, and the imam is weak.

The Imam abandons the Hujjah in favour of custom to make life easy and to avoid Fitna, this is called Istihsaan.

Imam Sha'afi (RA) does not agree with Istishaan:

He says, you are opening a pandoras box if you practise Istihsaan.

He said it is opening doors for people to fulfil their evil and corrupted desires.

How do we answer Imam Sha'fi (RA)?

How do we answer Imam Shafi'I (RA) who wrote an entire chapter in his book AL UMM to condemn Istihsaan

We say that the Prophet (Saws) said: Follow my sunnah and the sunnah of the rightly guided caliphs


 "I advise you all to fear Allaah and to listen to and obey (your leaders), even if he may be a slave from Habashah; For indeed, whoever from you is alive after I am gone will see many disputes and contradictions. You must therefore, stick to my Sunnah and the Sunnah of the Rightly-Guided Caliphs.

[Related by Aboo Daawood (no. 4607) and by at-Tirmidhi (no. 2676)]

Umar Ibn Khattab (RA) used Istihsaan.

Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allāh. And Allāh is All­Powerful, All­Wise. (Al-Ma'idah 5:38)

This is hujjah to chop off the hands of the thief.

When Umar was Caliph he abandoned the chopping off the hands of thieves during a famine. This is called Istihsaan.

Even Umar who was the most rigid of the four Caliphs applied Istihsaan.


QUESTION 1: Sheikh, since we know it is the obligation of Muslims to make hajj, by the Saudi government charging so much, would there be sin on them for the Muslims who cannot afford to make hajj in their lifetime because it is so expensive and if so, why do their Sheikhs not speak out against this? JZK


Hajj is not compulsory if you cannot afford it.

QUESTION 2: assalamu alaikum shaikh, if the husband is missing, how long does she have to wait until she can move on?


This is left up to the ijtihad of the qadi.

If he is contactable by cell phone, email etc, then he goes missing without a word.

She can move on, because he didn't make contact.

Every case is different.

He might be a trader, a mujahid, a student. So the variables change.

The qadi will ask many questions before making judgement.

How much contact do you have, and what was the contact before you lost contact? etc.

QUESTION 3: ASCWR Sheikh, In Somalia (recently), They started practicing Mother's day. Allahu'Alim if this is even allowed and this is the manhaj of the kuffar in the west (such as father's day, halloween, memorial day, etc). some sheikh (Allahu'Alim) put his stamp of approval on this predicament on the national STV (Somali television). He said "if the people find a practice permissable then it becomes halaal." Based on what your saying, I think he made a judgement call, is this permissable? Can you use discretion to make a kafir practice halaal. These kuffar are so oppressive, I work with a kafir who said he didn't associate with his mother becuase he was mad at her and come Mother's day he takes her out to eat. Subhan'Allah. I don't agree with the sheikh, that is my opinion.


Mothers day is not shirk, it has nothing to do with religion.

To celebrate Christmas is shirk.

It is apostasy.

To celebrate the prophet's (Saws) birthday is not shirk, it is bidah, a cursed innovation.

Question: What is the ruling on celebrating birthdays?

Answered by Sheikh Salman al-Oadah

If you mean celebrating the likes of the birthday of Prophet Muhammad (peace be upon him) or Prophet Jesus (peace be upon him), then this is clearly unlawful. Such festive days are newly contrived innovations that conflict with the dictates of Islamic Law.

Such rites are from the traditions of the People of the Book. They have a devotional purpose and are carried out seeking nearness to Allah. This is the reason I view such occasions to be unlawful and prohibited.

If, on the other hand, you mean celebrating personal birthdays, then this is something different, since it is not intended as a devotional act or an act of worship. Therefore, it is not as serious a matter. Still, I tend to regard it as something disliked for people who are not already accustomed to celebrating this event in their culture, but do so merely to blindly ape cultural practices that are outside of their own experience.

Question: I would like to know if it is permissible in Islam for a married couple to celebrate their wedding anniversary.

Answered by Sheikh Sami al-Majid

After a careful study of the rulings pertaining to unlawful festivals and holidays, it appears to me that these rulings concern those occasions that have a single date for all the people in society – like all of the people residing in the country or who are attributed to it – so that the day that is specified for the festival is a conspicuous, public event where the people make a public show of joy and celebration. Such festivals and holidays resemble the ‘id days in Islam, and such are the holidays that are prohibited, in my opinion.

the prohibition of such days is evidenced by the hadith where the Prophet (peace be upon him) arrived at Madinah and found that they had two festive days wherein they would play and enjoy themselves. The Prophet (peace be upon him) said: “Allah – Most Blessed and High – has replaced them with what is better: ‘Id al-Fitr and ‘Id al-Adha.” [Sunan Abi Dawud (1134) and Sunan al-Nasa’i (1556)]

It is only such festivals that are celebrated by everyone on a particular day that have the qualities that resemble the ‘id celebrations.

As for a person celebrating the occasion of his wedding anniversary with his wife, I do not see this as coming under the ruling of prohibited festivals. Its day is different for different couples. Therefore, it is in no way comparable to the ‘id days of Islam. Each couple celebrates their marriage on a different day.

The difference between general public festivals and such particular, personal days is that with respect to the personal days, the days themselves are generally not sanctified and considered sacrosanct and there is not a wholesale public display of festivity.

Therefore, I tend to the view that there is nothing wrong with a couple celebrating their wedding anniversary as long as they do not copy the particular practices of the non-Muslims in doing so, like lighting candles for each year that they were married.

And Allah knows best.


The Revelation is QURAN and SUNNAH.

It is incumbent on you to precise the revelation.

However, this requires knowledge of Usool al Fiqh.

Usool is the root of the matter.

You must be able to classify knowledge and understand what is HARAM, HALAL, MAKROOH, and so fard.

Your knowledge needs to be classified and defined.

You must be able to classify knowledge and understand what is HARAM, HALAL, MAKROOH, and what is FARD.

The whole purpose of usool is to help you be a Muslim.

The Aqeeda tells you who to worship and the Fiqh tells you how to worship.

The Aqeeda tells you to worship Allah alone, without associating any partners with him.

When you establish Salah and recite Surah Fatihah in it, but before you start you must make your intention. This is part of Fiqh.



You cannot separate these two sciences of Islam.

The Aqeeda affects the Fiqh, so they are naturally inter-related.

When Mamoon was the Caliph, his Aqeeda was the Quran was created and beat people who did not accept his Aqeeda.

This is why he persecuted Imam Ahmad Ibn Hanbal.


Istihsaan is defined as a legal preference, i.e. to prefer one proof over the other because of its superiority.



Imam Shafi'i opposed Istihsaan, and wrote a book called Al Umm, clarifying his views on the matter.

He said it has not basis in the religion and is used by people to fulfil their corrupt desires.

We refute Imam Shafi'i because Umar Ibn Khattab implemented Istihsaan.

He abandoned the Hujjah of cutting the hand of the thief during a famine in the holy land.

He was the most rigid in implementing the Sharia, yet he used Istihsaan to abandon the Hujjah out of necessity.

Sharecropping is business agreement between the land owner and a farmer working his land to share the produce form the land.

The land owner provides the tools, and the land.

The Sharia does not allow this because the farmer can be exploited.

However, if you take it to the Qadi, he will use Istihsaan and allow it in times of food shortage.

Infect he will allow it before a food shortage occurs in order to avert it.

By making it Haram in such circumstances, he would make it a burden on the community and cause hardship.

Therefore the Qadi used Istihsaan and abandoned the Hujjah for a better Hujjah.

Another example of Istihsaan, a man find his wife committing adultery with another man, and he ends up killing both his wife and the man.

If the case goes to a Sharia court, the Qadi will take the case and throw it out, telling the man to go home.

He will use his discretion and give a verdict of a crime of passion.

However in Sharia the life must be taken for a life, bt in this case the Qadi abandons the Hujjah for another Hujjah. This is Istihsaan.

Shaikh Abdullah Tuwayjiri has given this Fatwa to Shaikh Faisal.

Another example of Istihsaan, is a girl went to university, committed adultery and came home pregnant.

The father finds out and kills his own daughter because she disgraced the honour of his family.

The Qadi will use his discretion in this case and let the father go home, because it was a crime of passion.

The father was only protecting his honour.

In Sharia law, a Muslim cannot be killed for a Kafir.

If a father killed his own child, you cannot kill him according to Sharia law. However, the killing must have done to protect his honour.

Because of this law, a Saudi girl will think twice before getting into prostitution, because she knows that the Qadi will let him go without trial.

According to Sharia law, a Muslim boy will think twice before becoming a gay, because if his father kills him or even his uncle there is nothing they can do about it.

Since a man is allowed to protect the honour of his Family.



Daroora means necessity knows no law.

Shaikh Bin Baaz, used this aspect of Usul al Fiqh to allow the Kafir troops into the Muslim lands.

He cleaimed Saddam Hussein was a Kafir and Baathist who had a million man army and we had no other choice but to allow the Kafirs to help us.

Where did this principle of Daroora come from?

Daroora has been permitted by ALLAH and HIS Messenger.

The Messenger (Saws) said Allah has forgiven my Ummah for things they did by mistake, for things.

Ibn 'Abbas (RA) the Messenger of Allah (SAW) said: "Verily Allah has pardoned [or been lenient with] for me my Ummah : their mistakes, their forgetfulness, and that which they have been forced to do under duress." [Sunan Ibn Majah (3/200) No. 2045, al-Mu’jam al-Kabir al-Tabarani (11/133) No. 11274, al-Sunan al-Kubra al-Bayhaqi (7/584) No. 15094, Sunan al-Daraqutni (5/300) No. 4351]

The Messenger (Saws) said Allah has forgiven my Ummah for things they did by mistake, for things they did due to forgetfulness and for things they did under duress.

Daroora can be translated as Duress in English.

This principle has been facilitated in many verses in the Holy Quran.

An example of Daroora is, a Muslim is allowed to eat pork under duress.

He has forbidden you only the Maytatah (dead animals), and blood, and the flesh of swine, and that which is slaughtered as a scrifice for others than Allah (or has been slaughtered for idols, etc., on which Allah's Name has not been mentioned while slaughtering). But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful. (Baqarah 2:173)

If you are on a journey and you are starving, you are allowed to eat pork to keep yourself alive, however, you must not fill your belly with it.

The Ayah above clearly states that pork is haram, however, it is allowed only to save your life.

The concept of Darrora came from Allah Himself.

But as for him who is forced by severe hunger, with no inclination to sin (such can eat these above-mentioned meats), then surely, Allāh is Oft­Forgiving, Most Merciful. (Al-Ma'idah 5:3)

According to Sharia law we have six sacred things.

When you are protecting one of these six sacred things, it is classified as DAROORA.


Another example of Darrora is, In the time of the Rasool (Saws) Ammar Ibn Yasir (RA) apostate with his tongue, after the Kuffar murdered his parents and were torturing him.

Even though the punishment for apostasy is death, yet Ammar Ibn Yasir was not punished for what he said.

Allah revealed an Ayah to classify Ammar Ibn Yasir's action as Daroora.

Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment. (16:106)

Therefore if a Kafir was to hold a gun on your head and forced you to say Muhammad (Saws) was a false prophet.

You will not be thrown out of the fold of Islam due to Daroora.

Abother example is, praying behind a wicked leader.


Praise be to Allaah.

Hajjaj ibn Yusuf ath-Thaqafi was a very evil ruler who came from Taif. He used to kill the Sahabas.


Shaving the beard in whole or in part is a sin which is not permissible to do. The prayer of one who commits a sin such as shaving the beard and the like is valid if he does it as prescribed by Allaah, according to scholarly consensus. The prayers of those who pray behind him, if he leads the prayer, are also valid, according to the more correct of the two scholarly opinions.

Tuhfat al-Ikhwaan, p. 114, by Shaykh ‘Abd al-‘Azeez ibn Baaz.

The fact that his leading of the prayer is valid is indicated by the fact that the Sahaabah (may Allaah be pleased with them) prayed behind unjust leaders and ruler. ‘Abd-Allaah ibn ‘Umar and Anas (may Allaah be pleased with him) prayed behind al-Hajjaaj al-Thaqafi. Al-Shaafa’i said: And he – meaning al-Hajjaaj – was bad enough (as an evildoer).

Once this is established, there is no point in saying, “I will not pray behind this imam.” Rather you should pray behind him if not doing so will lead to evil consequences, division or conflict, because conflict is worse.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: If by not praying behind him the worshipper will miss out on Jumu’ah and prayers in congregation, then no one does that except an innovator who is differing from the Sahaabah (may Allaah be pleased with them). Similarly, if the imam has been appointed by those in authority and there is no shar’i purpose to be served by not praying behind him, then you should not refuse to pray behind him, rather it is better to pray behind him.

Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/388.

Al-Nawawi (may Allaah have mercy on him) said – concerning one who leads people in prayer when they do not like him: Our companions said: His leading the prayer is makrooh if they dislike him because of something that is condemned in sharee’ah, such as an oppressive ruler or one who attains the position of imam by force and does not deserve it, or one who does not take precautions to avoid naajis (impure) things… If no such thing applies then it is not makrooh. … Then he said: When we say that it is makrooh, that is limited to the imam; as for the members of the congregation who do not like him, it is not makrooh for them to pray behind him.

Al-Majmoo’, 4/172-173


With regard to replacing him, if you are able to replace him with another imam who is more religiously committed and doing so will not result in a greater evil, then it is better to do that, otherwise it is better to leave him.

The evidence that an imam who commits sin openly should not be allowed to lead the prayers is to be found in the report narrated by Abu Dawood (481), which says that a man led some people in prayer and he spat in the qiblah (of the mosque) when the Messenger of Allaah (peace and blessings of Allaah be upon him) was looking on. The Messenger of Allaah (peace and blessings of Allaah be upon him) said, when he had finished praying: “He should not lead you in prayer.” After that he wanted to lead them in prayer again, but they did not let him, and they told him what the Messenger of Allaah (peace and blessings of Allaah be upon him) had said. He mentioned that to the Messenger of Allaah (peace and blessings of Allaah be upon him) and he said: “Yes.” And I (the narrator) think that he said: “You have offended Allaah and His Messenger.” Classed as hasan by al-Albaani in Saheeh Abi Dawood.

This is so long as preventing him from leading the prayers will not lead to a greater evil; if that is the case, then you should pray behind him, and it is not permissible to refrain from praying in congregation because of the evildoing of the imam, as stated above

Shaykh Ibn Baaz (may Allaah have mercy on him) said: If it is possible for a person to prevent a person who commits evil openly from leading the prayer, then he has to do that; but if he has been appointed by someone else and it is not possible to stop him leading the prayers or it is only possible to stop him by means of a greater evil that is more harmful than the evil of the imam who commits evil openly, then it is not permissible to ward off a lesser evil by means of a greater one. Islam came to achieve and complete what is in people’s best interests and to wipe out and reduce evil as much as possible.

Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/377

- If you are unable to remove the evil leader, you are allowed to pray behind him, because you have no other choice and can do it out of Daroora.

- Therefore when you go to Makkah and Medina and pray behind the Imams, who were appointed by the Taghoot Saud, you Salah is VALID.

Walid continued in his non-Islamic way for the rest of his life. Once after Uthman had appointed him as the governor of Kufa, Walid led a congregational prayer in the morning and performed four Rakats in drunkan state and on the top of that, he turned around and asked the followers: “Shall I (lead) you more (Rakats)?”. (Al-Bidayah wal-Nihayah, Volume 7 page 155).

Whether the Imams of Makkah and Medina practise Al Wala Wal Bara, is not your business, you pray behind him out of Daroora because you don't have the power to remove them from office.

Abdullah Ibn Masood prayed behind Walid Ibn Uqba, who was drunk, out of Daroora.

The scholars mentioned these things in their books, to prove to you that if you go to a Masjid, whose Imam is Evil, and you are unable to travel far to another Masjid.

Your salah is valid and the evil Imam's salah is not.

This is because they might kill you, because if you don't pray behind them you are making Takfeer on them.

Another example of Daroora, is living in Dar Ul Harb, and taking out a loan to go to university to study medical science or engineering, you did not do Haram.

This is because you must educate yourself, and since you did not find any other source of finance, it is allowed to take the loan out of Daroora.

Education in the modern world is a necessity.

You cannot expect every Muslim to work as a Janitor.

Therefor if you take out a student loan, you did not do Haram, it is called Daroora.

Muslim brothers are unable to get married, because they have bo education, therefore a low paying job, and therefore they cannot feed their wives.

It has been narrated by Abd al-Razak, Ibn Sa'd, Ibn Jarir, Ibn Abi Hatim, Ibn Mardawayh, al-Bayhaqi in his book "al- Dala-il," and it was corrected by al-Hakim in his book "al- Mustadrak" that: "The nonbelievers arrested `Ammar Ibn Yasir (RA) and (tortured him until) he (RA) uttered foul words about the Prophet (PBUH&HF), and praised their gods (idols); and when they released him (RA), he (RA) went straight to the Prophet (PBUH&HF).  The Prophet (PBUH&HF) said:"Is there something on your mind?"  `Ammar Ibn Yasir (RA) said: "Bad(news)! They would not release me until I defamed you (PBUH&HF) and praised their gods!"  The Prophet (PBUH&HF) said: "How do you find your heart to be?" `Ammar (RA) answered: "Comfortable with faith." So the Prophet (PBUH&HF) said: "Then if they come back for you, then do the same thing all over again."  Allah (SWT) at that moment revealed the verse: "....except under compulsion, his heart remaining firm in faith...[16:106]"

According to Sharia law if you don't feed your wife, you lose your conjugal rites.

Another example of Daroora, is buying your first house on Mortgage because you could not find a Muslim bank to lend you the money.

You do not expect Muslims to live under a tree. 

Another example of Daroora is, your child is sick and needs an emergency operation. The only way to help the child was to operate on the child, paying cash.

If you take a loan on interest due to your circumstances, because all the Muslims refuse to lend you money, you did not do Haram.

Remember - Necessity knows no Law.



Ammar (RA) feared for his life because he feared for his life after the Kafir's murdered his parents.


Therefore Al-Saud does not have the facility of DAROORA. However, they have opened up Riba banks in the Holy Land.

They claim they are doing it out of duress. However, according to Sharia, leaders cannot use Daroora.

The Saudi Salafis have succeeded in developing a new religion. Its called the religion of the kings. They are known as the MADHKHALI's.

These Madhkhali's consider you to be ignorant of your Deen and give you false excuses to promote and fortify their Shirk.


Ammar Ibn Yasir's (RA) death was imminent and so Daroora applied to him. However, you cannot assume that there is going to be danger.

There has to be a sense of Immediacy.



Therefore you cannot continue to eat pork once you have something else available to eat.

Another example of Daroora is, to pay a bribe in Dar Ul Harb, in order to avert an act of oppression that is imminent.

Even though giving a bribe is Haram, out of Daroora you may do so in Dar ul Harb. However, you must then make Hijra from the country.

Another example of Daroora is, if you are in a country and a crime is committed, however the witnesses are not of good character.

Since the Muslim judge cannot find any other witnesses, then their testimony is accepted. However, they must not contradict each other under cross examination.

Another example of Daroora is, you are sick and end up having a wet dream. You are allowed to make Tayammum instead of Ghusl.


Narrated By Jabir: 'We set out on a journey. One of our people was hurt by a stone, that injured his head. He then had a wet dream. He asked his fellow travellers: Do you find concession for me to perform tayammum? They said: We do not find any concession for you while you can use water. He took a bath and died. When we came to the Prophet (SAW), the incident was reported to him. He said: "They killed him, may Allah kill them! Could they not ask when they did not know? The cure of ignorance is inquiry. It was enough for him to perform tayammum and to pour some drops of water or to bind a bandage over the wound (the narrator Musa was doubtful); then he should have wiped over it and washed the rest of his body."' [Sunan Abu Dawood (1/93) No. 336, Sunan al-Daraqutni (1/349) No. 729, al-Sunan al-Kubra al-Bayhaqi (1/347) No. 1075]

If you are in the winter season and cannot find warm water to make Ghusl, you are allowed to make Ghusl.

Do not kill yourselves with a dodgy Fatwa. If you knowledge of Fiqh is weak, do not pass Fatwas. It is very dangerous.

Another example of Daroora is, if KAfirs are killing Mulsim children and the only way to make them stop killing our children is to kill their children, then that is permissible.

Verily, the number of months with Allah is twelve months (in a year), so was it ordained by Allah on the Day when He created the heavens and the earth; of them four are Sacred, (i.e. the 1st, the 7th, the 11th and the 12th months of the Islamic calendar). That is the right religion, so wrong not yourselves therein, and fight against the Mushrikun (polytheists, pagans, idolaters, disbelievers in the Oneness of Allah) collectively, as they fight against you collectively. But know that Allah is with those who are Al-Muttaqun (the pious - see V.2:2). (At-Tawbah 9:36)

We are supposed to fight the Musrikeen until we dominate them. A life of a Muslim kid is more precious than the life of a Kafir kid.

If you cannot handle this Fatwa, you are a Hypocrite, because you love the Kafir kid more than the Muslim child.

Another example to Daroora is, the Mujahideen hikacking a plane of civilians in order to win the release of a Muslim. For ex Moulan Masood Azhar.

If the KAfirs know that their lives will be in danger if they arrest Muslims, they will stop doing it when we apply Daroora.