Another Gem from Sh. Taha Karaan (re. building on graves)

[Husain]

As most of you would be aware, the issue of building over graves was discussed in detail on this forum previously, especially in this thread.

Ample reference was made to various Fatawa from Sunnipath (see here and here), wherein they claimed
1- the position of permissibility to be a strong one in the Shafi'i madhab, based on the statements of Allamah Ibn Hajr al-Haytami
2- That the great Hadith Master, al-Hakim, had mentioned building on graves to be the practice of the salaf, based on a quote from his al-Mustadrak that was mentioned by Ibn Hajr al-Haytami in his Fatawa al-Kubra.

This later statement was shown to be a misquote from al-Mustadrak, ostensibly by Allamah ibn Hajr al-Haytami, as Hakim was referring to writing on graves, not building on them.

I had the good fortune of being the guest of Shaykh Taha Karaan in Cape Town during the weekend and had mentioned in passing this misquote by Allamah Ibn Hajr.
Shaykh Taha replied that he is sure that Allamah Ibn Hajr had quoted Hakim as saying writing is permissible, not building, however he will check up.

I received an email from Shaykh Taha last night, which revealed the following:

1- Ibn Hajr al-Haytami had quoted Hakim as saying that writing on graves was the practice of the Salaf. This is under Fatwa #34 of Kitab al-Janaiz.

2- 9 Fatwa's later, Ibn Hajr is posed a detailed question, wherein 2 contradictory answers by on the issue of building on graves are put in front of him, seeking his opinion.One is the famous view of impermissibility, while the second one is one of permissibility. The authors of these answers aren't mentioned.
It is the author of this second answer who misquotes Hakim and who also brings quotes from books like al-Khadim of al-Zarkashi etc in an attempt to prove permission for building.

Ibn Hajr al-Haytami's reply to this is clear in that building is not permissible in a public graveyard and also that the view of permission mentioned in al-Khadim etc is weak and doesn't deserve any attention!
He also clearly states that any such a building should be torn down.


From this we learnt that the following claims (some in the Sunnipath answer and others made on this forum) are all incorrect:

1- There exists Ijma' of the salaf on the permission of building on graves
2- Hakim narrated this Ijma' in his al-Mustadrak
3- Ibn Hajr al-Haytami permitted building on graves
4- The view of permission is a strong view in the Shafi'i madhab, as shown by Ibn Hajr al-Haytami.

We ask Allah Ta'ala to greatly reward Shaykh Taha for bringing this to our attention.
Amin

[Hamood]

JazakAllah for informing us.

I hope SP (or whoever else) can fix and/or remove some of these incorrect fatawa from their site. It's a huge responsibility on their shoulders.

[yousufs]

very important note..

[abdulwahhab]

mufti saheb for this clarification.

Sh. Taha is Shafi'i in madhhab so if there was an ijma' among the Shafi'is on this, Sh. Taha would not speak against it.

[Shamli 1857]

Jazakallah khayr Mufti Husain and please convey our many thanks to Shaykh Ta Ha. I hope SP makes amends and I hope people who indulged in misrepresenting the Shafi mazhab in that thread come make corrections.

[ENIGMA]

Ibn Hajr al-Haytami's reply to this is clear in that building is not permissible in a public graveyard and also that the view of permission mentioned in al-Khadim etc is weak and doesn't deserve any attention!
He also clearly states that any such a building should be torn down.

May Allah bless Mufti Sahib immensely for bringing this to our attention.

Just one thing i'd like clarified. above it states that building on PUBLIC graveyeards in not permissable. what about building on a grave in a private graveyard?

by the way,has this information been relayed to Sunni Path?

Can I get a quick bio of Shaykh Taha Please?

[godilali]

...

Can I get a quick bio of Shaykh Taha Please?

From the Path to Piety Website:
"Shaykh Taha Karaan is a Shafi’i scholar born in Cape Town, South Africa to a family renowned in both its maternal and paternal lineage for Islamic scholarship. His father, Shaykh Yusuf Karaan, is one of the oldest and most distinguished Islamic scholars in the Cape. Shaykh Yusuf – famous for his translation of many of Shaykh al-Hadith Mawlana Muhammad Zakariyya al-Kandhlawi’s seminal works – currently sits as the chief Magistrate for Islamic Civil Matters in the Muslim Judicial Council (MJC).

Shaykh Taha completed his Qur’anic memorization in one year at the Waterfall Islamic Institute, the oldest Islamic seminary in South Africa. During his stay, he assisted in the editing of the Qur’anic prints that the Institute has become famous for the world over. After finishing four years of the ‘alim course in two years, he journeyed to the Indian sub-continent and Dar al-Ulum Deoband, graduating from there in 1991 with the highest of distinctions – as did his father – in a class of over 700 students. He then traveled to the Middle East and completed a two-year graduate diploma at the Higher Institute for Islamic Studies in Cairo, Egypt.

Shaykh Taha is the recipient of numerous chains of transmission (ijazaat) – from well-respected scholars in India, Pakistan, South Africa, Egypt and Saudi Arabia, among others – in numerous fields of Islamic study.

Currently, Shaykh Taha is a member of the Ifta’ Department of the MJC, and sits as an executive member of the Muslim Personal Law Board and on the Islamic Advisory Board of ABSA, one of South Africa’s national banks. He is a sought-after speaker at Islamic symposia and conferences but attends them sparingly, preferring to spend most of his time at the Islamic seminary, Dar al-Uloom al-Arabiyyah al-Islamiyyah, that he founded in 1996. The educational thrust of the seminary reflects Shaykh Taha’s own pioneering vision and commitment to squarely interface with the challenges of the modern age through the twin objectives of preservation and progress. In his own words:
“The study of Islam is not simply an area of academic investigation. It is the continuation of a legacy—a legacy that was initiated with the revelation of Iqra’, whose foundations were laid over the 23 years of Prophethood, and whose edifice was raised by successive generations of keenly devoted scholars for well over a thousand years. The type of individualism that places the investigator in the centre and ignores the legacy of the discipline is foreign to Islam. Knowledge is handed down through a legacy of scholarship. The student, as the recipient of knowledge, becomes heir to that legacy. By inheriting the legacy he becomes part of it, and it is then through him that the legacy is perpetuated.

The legacy itself transcends time. But every subsequent age brings with it unprecedented challenges. It is only when the challenges of an age have been met that the claim of preserving a tradition becomes tenable. The dynamism inherent within the legacy of knowledge in Islam makes it possible for it to meet all challenges. Every instance of interaction between challenges and the legacy adds to the wealth of the legacy itself. Thus does the legacy progress and develop. And in this way do preservation and progress go hand in hand.”
In his teaching, writing and legal verdicts (fatawa), Shaykh Taha regularly addresses contemporary issues such as the challenges of post-modernity, feminism, Islamic economics and finance, the old and new Orientalisms, and fiqh issues affecting diaspora Muslim communities.

His students (and authors of this biography) describe him as divinely-gifted with encyclopedic knowledge; possessed of a near photographic memory; an insatiable bibliophile within the Islamic sciences and without; a teacher that never ceases to inspire; endowed with an elegant calligraphic hand and a penchant for poetry; thoroughly unassuming, pleasant, brilliant and tender-hearted."

__________________________________________________ _______

Shaykh Amr from lisanularab.org:
"I would defintely vouch for Moulana Taha Karaan (a very good and close friend of mine) and his school. His students are known for their ability to handle and deal with the Islamic legacy esp. in the areas of hadith, fiqh and 'aqidah. The medium of instruction to the best of my knowledge is English so as to maximise the students research abilities in a language that he is comfortable in. The institution also attempts to deal with some of the past and present intellectual challenges to Islam head-on. Moulana Taha also encourages his students to conduct independent research, and student and teacher would often research a novel issue there and then and then debate it in class. Moulana Taha is a phenomenal scholar who brings together a solid ground in the Islamic tradition, strong memory, keen and sharp intellectual ability, amazing oratory skills in numerous languages foremost amongst them Arabic and English, keen ability to engage with the modern intellectual challenges of the times. His exceptional memory is demonstrated in his ability to mention names of scholars, their teachers, students, dates of death, their famous works in complete form. I regard him as definitely in a league of his own. He basically lives what he loves to do which is Islamic research and teaching. That then is my testimony."

[hope1]

Assalamu alaikum,

My question is how did the Shafi's deduce that building in private graveyard is ok? Is there any proof for this or is this intuition against clear ahadith?

Even if Shaykh Taha mentions it is the position of the Shafi madhab, it does not matter, because according to them they can follow minority opinions which is perfectly "valid". So they will just follow the minority opinion and keep on building on graves.

[True Life]

Even if Shaykh Taha mentions it is the position of the Shafi madhab, it does not matter, because according to them they can follow minority opinions which is perfectly "valid". So they will just follow the minority opinion and keep on building on graves.

At the end of the day, you can't force people to act upon an opinion.

[hope1]

Assalamu alaikum,

This post is somewhat related. It was also mentioned that the pants above the ankles fatwa on SunniPath, where they quote ibn Abideen is incorrect as well. I heard two different things now: 1) SunniPath quoted ibn Abideen incorrectly 2) ibn Abideen made the incorrect fatwa - which one is it?