Vol.3 pg.1 Bahaar e Shariat Volume 3-4 Compiled By Qadi Sadrush Shariah Hazrat Allama Maulana Mufti Mohammed Amjad Ali Aazmi Razvi ؓ◌ Translated into English through the Blessings of Ghaus-ul-Waqt Huzoor Mufti-e-Azam Hind ؓ◌ By a humble servant of Allah Muhammad Afthab Cassim al-Qaadiri Razvi Noori Published For Free Distribution By : IMAM MUSTAFA RAZA RESEARCH CENTRE OVERPORT, DURBAN, SOUTH AFRICA 1 Vol.3 pg.2 All Rights Reserved No part of this publication may be produced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical photocopying or otherwise without the prior permission of the Copyright Owner. Second Edition : 1000 copies Islamic Date : Muharram 1435 English Date : November 2013 Author: Qadi Sadrush Shariah al-Qaadiri Translator: Muhammad Afthab Cassim al- Qaadiri ISBN 978-0-9870100-1-8 The Publishers Imam Mustafa Raza Research Centre P.O. Box 70140, Overport, 4067 Durban, South Africa Offices 28 Clayton Road, Overport, Durban Tel/Fax: 031 2081045 Email: [email protected] Website: www.noori.org Contribute towards a noble course: For those brothers and sisters who wish to contribute towards our humble efforts, our Banking Details are as follows: Name : Imam Mustafa Raza Research Centre Bank : Nedbank Acc No : 2034044606 Branch : Sydenham Code : 103409 Sponsor the Printing of a Book for Esaal-E-Sawaab Contact us if you wish to sponsor the printing of a book for the Esaale Sawaab of the marhooms in your family. Sponsor the printing of a book and send the sawaab to your marhoom family members. This is Sawaab-e-Jaariyah and a means of educating the Ummat. Knowledge is Power! 2 Vol.3 pg.3 Dua by Janasheen Huzoor Mufti-e-Azam Huzoor Taajush Shariah, Rahbar-e-Tareeqat Ash Shaykh Mufti Mohammed Akhtar Raza Khan Qaadiri Azhari Qibla ﻢﻴﺣﺮﻟﺍ ﻦﻤﺣﺮﻟﺍ ﷲﺍ ﻢﺴ(cid:12) Choicest and Countless Blessings upon our Beloved Prophet  and His Holy Offspring and Companions I have been told that Maulana Afthab Qasim has translated some volumes of “Bahaar-e-Shariat”, the great work of the great scholar Sadrush Shariah, Maulana Allama Amjadi Ali Qaadiri Razavi Aazami. May Allah accept this work and give him reward for his efforts. Mohammed Akhtar Raza Qaadiri 29th Sha’baan Al Moazzam 1431 Hijri [Madina Tayyaba] 3 Vol.3 pg.4 Dua by Mumtazul Fuqaha Janasaheen Huzoor Sadrush Shariah, Huzoor Muhadith-e-Kabeer Allama Mufti Zia- ul-Mustafa Qaadiri Amjadi Qibla ﻢﻴﺣﺮﻟﺍ ﻦﻤﺣﺮﻟﺍ ﷲﺍ ﻢﺴ(cid:12) (cid:17)ﺑﺍدﺎﺑ (cid:29)(cid:30)ﺑدﺎﺘﻤﻟﺍ (cid:17)ﺑﺎﺤﺻﺍو (cid:17)ﻟﺍ (cid:13)(cid:14)ﻋ و (cid:17)ﻴ(cid:18)ﻧ (cid:13)(cid:14)ﻋ ةﻮﻠﺼﻟﺍو (cid:17)ﻴﻟﻮﻟ ﷲ ﺪﻤﺤﻟﺍ ﺪﻌ(cid:12) ﺎﻣﺍ The Kitaab before me, ‘Bahaar-e-Shariat’ is an exceptionally beautiful English translation. The book consists of a vast number of Shariah Rulings, to solve the issues and needs of people which present themselves in their daily lives. The one who practices and acts upon the Rulings and Laws mentioned in this book will be able to fulfil his necessary requirements and is also able to guard himself in an Islamic mould, it is this which is the true objective in life. Hazrat Maulana Afthab Cassim Saaheb deserves to be commended, for the sentiment in his heart to inculcate true Islamic teachings amongst the English speaking Muslims and by doing so; he has fulfilled the debt (i.e. the obligation) of the Ulama. (I pray that) Allah grants his efforts the acceptance and gratitude that it deserves, granting him a generous reward (Aameen). Maulana has compassion and sensitivity in his heart in regards to keeping the Muslim Community established and steadfast. It is for this reason that he is always absorbed in 4 Vol.3 pg.5 writing and compiling Deeni books and engrossed in the translation and compilation of numerous reliable Kitaabs, such as ‘Kanz ul Imaan’ and Bahaar-e-Shariat which he has translated in eloquent English. He has also published the translations of numerous books in English, allowing them to reach the homes of the English speaking populace, causing the waves of Islam to rise passionately within the hearts of thousands of people. (I pray that) Allah grants Maulana superb reward and grants him countless blessings in all accomplishments in his age and in his religious affairs, granting him acceptance. (Aameen) Faqeer Zia-ul-Mustafa Qaadiri 15th Ramadaan-ul-Mubaarak 1431 Hijri 5 Vol.3 pg.6 Dua by Mujahid-e-Ahl-e-Sunnat, Hazrat Allama Sayed Shah Turab-ul-Haq Qaadiri Razvi Noori ﻢﻴﺣﺮﻟﺍ ﻦﻤﺣﺮﻟﺍ ﷲﺍ ﻢﺴ(cid:12) I was delighted to hear that the very diverse book ‘Bahaar-e-Shariat’, by Sadrush Shariah Badrut Tariqah Hazrat Allama Hakeem Muhammad Amjad Ali Aazmi has been translated into English by Hazrat (cid:17)ﻤﺣﺮﻟﺍ (cid:17)ﻴﻠﻋ Maulana Afthab Cassim Saaheb and is about to be published. Since the mother tongue of the young Faadil is English, this translation will definitely benefit those who read English. Even though the translator has already translated other volumes of Bahaar-e-Shariat but because Volume 16 deals with laws relating to our daily lives and to Islamic Morals and Etiquettes that are beneficial to both the experts and the general masses, it was published first. In translating Bahaar e Shariat, the translator has fulfilled a great need of the English speaking Muslims, especially those in South Africa and in other countries where English is spoken. Hazrat Maulana Muhammad Afthab Cassim Saaheb, has also translated many parts of the world renowned Kanz ul Imaan, the world renowned Translation of the Qur’an by A’la Hazrat Imam Ahmed Raza Khan Muhadith-e-Bareilvi . (cid:17)ﻤﺣﺮﻟﺍ (cid:17)ﻴﻠﻋ It is my earnest Dua that Almighty Allah accepts these efforts of Maulana, through the blessing of His Beloved Prophet  rewarding him abundantly with a blessed reward. ﻢﻴﻠﺴﺘﻟﺍو ةﻮﻠﺼﻟﺍ ﻞﻀﻓﺍ (cid:17)ﻟﺍٰ (cid:13)ٰ(cid:14)ﻋ و (cid:17)ﻴﻠﻋ ﻢﻳ()ﺍ *+ﻧ ﮦﺎﺠﺑ (cid:29)(cid:30)ﻣﺁ (cid:17)ﻤﺛ (cid:29)(cid:30)ﻣﺁ Sayyid Shah Turabul Haq Qaadiri Ameer Jamaát-e-Ahl-e-Sunnat, Pakistan, Karachi 6 Vol.3 pg.7 An Introduction to Bahaar-e-Shariat By Hazrat Maulana Qaisar Ali Razvi Misbahi Bahaar-e-Shariat is the dynamic work of Khalifa-e-A’la Hazrat Sadrush Shariah Badrut Tariqah Faqih-e-Azam Hazrat Allama Maulana Ash Shah Amjad, Muhadith-e-Ghoswi (cid:17)ﻤﺣﺮﻟﺍ (cid:17)ﻴﻠﻋ. Bahaar-e-Shariat is without doubt an ‘Encyclopaedia of Hanafi Fiqh’ which has been a means of direction for the Muslims for the last 95 years. Today, there is hardly a Darul Ifta that does not carry a copy of Bahaar-e-Shariat. With the exception of Darul Iftas, there are also numerous Mosques the world-over that have classes in which the Bahaar-e-Shariat is taught to the worshippers; numerous Muslim Colleges and Universities in the World have introduced Bahaar-e-Shariat as a part of the syllabus for those studying to become Ulama. Undoubtedly, in the present time, there has not been any other Book of Fiqh that has been written in the Urdu language, which compares to Bahaar-e-Shariat. The world-renowned ‘Fatawa Alamgiri’ was compiled by the devoted efforts of hundreds of the most learned Ulama of the time but Qadi Sadrush Shariah (cid:17)ﻤﺣﺮﻟﺍ (cid:17)ﻴﻠﻋ compiled a voluminous book like Bahaar-e-Shariat single handedly. This great and memorable service of Faqih-e-Azam Qadi Sadrush Shariah (cid:17)ﻤﺣﺮﻟﺍ (cid:17)ﻴﻠﻋ is of such magnitude, that the Muslim Ummah will forever remain indebted to him. 17 Volumes were originally written by Sadrush Shariah (cid:17)ﻤﺣﺮﻟﺍ (cid:17)ﻴﻠﻋ and due to ill health, he was not able to go any further, so the last three Volumes were written by his students on his request. Bahaar-e- Shariat is divided into volumes in the following format: Volume 1 Book of Imaan and Aqaa’id (Correct Beliefs) Volume 2 Book of Tahaarat (Purification) Volume 3 Book of Salaah (Prayer) Volume 4 Book of Salaah, Book of Illness & Death Volume 5 Book of Zakaat (Alms) Volume 6 Book of Hajj (Pilgrimage) Volume 7 Book of Nikah (Marriage) Volume 8 Book of Talaaq (Divorce) Volume 9 Book of Slaves, Oaths, Expiation & Punishment Volume 10 Book of Abandoned Children, Unclaimed Property, Missing Person, Partnerships & Appropriations 7 Vol.3 pg.8 Volume 11 Book of Sales Volume 12 Book of Guarantees, Transfer of Debt, Judiciary, Evidence & Testimony Volume 13 Book of Claims, Admissions Volume 14 Book of Muzaribat, Deposits, Loans, Gifts, Hiring Volume 15 Book of Compulsions, Inhibition, Partitions, Cultivation, Sacrificing (Zibah), Halaal & Haraam Animals, Qurbani, Aqeeqah, Volume 16 Book of Morals & Etiquettes Volume 17 Book of Intuitions, Wastelands, Pawns Volume 18 Book of Offences, Reprisal, Blood money Volume 19 Book of Bequests Volume 20 Book of Inheritance Issues in Bahaar e Shariat have been explained in the light of Qur’an and Hadith, in a very simple manner, thus making it beneficial for the general public and for the professionals alike. Allah bless the custodian of Maslak-e- A’la Hazrat, the embodiment of knowledge and sincerity, the Khalifa of Huzoor Taajush Shariah, our beloved Hazrat Allama Maulana Muhammad Afthab Cassim Sahib Qaadiri Razvi Noori, who recognised a very important necessity of the time and translated the above mentioned Book into the English language. In carrying out this memorable service, he has presented such an everlasting gift particularly to the Muslims of South Africa and to Muslims the world-over which the Men of Knowledge and Intellect will be proud of for centuries to come. This is not my devotion but it is a fact, that the amount of effort that Hazrat Maulana Afthab Cassim, Head of Imam Mustafa Raza Research Centre has put into propagating and publicising the teachings of Maslak-e-A’la Hazrat through writing, publishing books in English and through other endeavours, in such a short period of time, is itself a unique service. This is the result of his unselfish and sincere efforts, together with the blessings and the Duas of Huzoor Taajush Shariah Qibla and Huzoor Muhadith-e-Kabeer Qibla. It is my sincere Dua in the Court of Almighty Allah, that Allah Almighty blesses Hazrat Maulana Sahib Qibla with long life and good health. Aameen A Seeker of Duas Muhammad Qaisar Ali Razvi Misbahi (Khateeb & Imam Masjid-e-Khalid) 8 Vol.3 pg.9 Translator’s Note ﻢﻴﺣﺮﻟﺍ ﻦﻤﺣﺮﻟﺍ ﷲﺍ ﻢﺴ(cid:12) ٰ (cid:29)0 ْ(cid:30)4ﻠﺳ 0 ﺮْﻤ3ﻟ0ﺍو0 ء4 ﺎﻴ04(cid:18)ْﻧ0ﻻْﺍ 4ﺪﻴ7ﺳ0 (cid:13)ٰ(cid:14)ﻋ0 م30ﻼﺴ: ﻟﺍو0 ة3 ﻮٰﻠﺼ: ﻟﺍو0 ﻦ0 ْﻳ;4 4 ﺎﺸ: ﻟﺍ ﺪ0 ﻤْﺣ0 (cid:29)0 0(cid:30)4ﻤﻟ0ﺎﻌ0ﻟْﺍ ﺏ7 ر0 4(cid:17)ﻠ?4ﻟ ﺪ3 ﻤْﺤ0 ﻟْﺍ (cid:29)0 ْ(cid:30)ﻌ4 ﻤ0ﺟْ 0ﺍ 4(cid:17)4ﺑﺎﺤ0 ﺻْ ﺍ و0 4(cid:17)4ﻟA (cid:13)ٰ(cid:14)ﻋ0 و0 All Praise is to Allah, Cherisher and Sustainer of the Worlds. Durood and Salaams upon the Leader of the Ambia and Mursaleen  and upon his Noble Family and Illustrious Companions. Bahaar-e-Shariat is the distinguished masterpiece of the eminent and celebrated Khalifa of the Mujad’did-e-Deen-o-Mil’lat A’la Hazrat Ash Shah Imam Ahmed Raza Khan Qaadiri ؓ◌ and the great Faqih of the era, Sadrush Shariah Qadi Hakeem Allama Abul Ulaa Amjad Ali Aazmi Razvi ؓ◌. By the Grace of Allah and the Mercy of the Holy Prophet  Volumes 3 & 4 of this masterpiece is in your hands. I must thank Almighty Allah through the Wasila of the Beloved Rasool  for affording me the opportunity to translate this distinguished work of Huzoor Sadrush Shariah ؓ◌. The articles which follow in this book will introduce Huzoor Sadrush Shariah ؓ◌ and Bahaar-e-Shariat to you in greater detail. Alhamdulillah, I have been working on the translation of the entire Bahaar-e-Shariat for the past few years and this translation is now in the process of being published. I sincerely pray that Almighty Allah blesses me with the strength to complete this honourable task, through the Wasila of Nabi-e-Kareem  and through the Karam of Huzoor Ghaus-e-Azam ؓ ◌ and all our Masha’ikh-e-Kiraam. Like all my other translations, I have tried to keep the language and the manner of translation very simple, so that the readers may find the book simple to understand, as the aim of translating a document is so that it is easily understood. Readers will find footnotes on many pages, which explain important terms and other important points that required further explanation. All verses of the Holy Qur’an have also been referenced with the Surah and Ayat number. I have also included in this book an introduction to Fiqh and Imam Azam Abu Hanifa ؓ ◌who is the Imam of the Hanafis. This will allow us to better appreciate the importance of acquiring knowledge of Fiqh. It must also be noted that all the laws 9 Vol.3 pg.10 mentioned in this book are in accordance with the Hanafi School of Fiqh. If there is any shortcoming in this book, it should be attributed to the translation and should not be attributed to the eminent author, Sadrush Shariah in any way. I must place on record my special thanks and appreciation to Murshid-e-Kaamil Huzoor Taajush Shariah Rahbar-e- Tariqat Hazrat Allama Mufti Mohammed Akhtar Raza Khan Qaadiri Azhari Qibla; Mumtaz-ul-Fuqaha Huzoor Muhadith-e-Kabeer Allama Zia-ul- Mustafa Qaadiri Amjadi Qibla and Mujaahid-e-Ahl-e-Sunnat, Hazrat Allama Sayed Shah Turabul Haq Qaadiri Qibla for their special Duas and words of encouragement. I would further like to thank all those who have supported us morally and financially, in the publishing of this book. In doing so, I must firstly thank my beloved parents Haji Cassim GUlam Rasool and Hajiya Khadija GUlam Rasool for their valuable Duas and my wife Fathima Cassim for her moral support. I must thank all those who assisted with this second addition and I would have failed in my duty in doing so if I do not thank Brother Muhammad Rukhsar Qaadiri Amjadi for the lengthy hours he put in to proofread this book before it went to press. Allah reward him immensely for his sincere and true efforts. Aameen I must also thank Shehzada-e-Taajush Shariah Hazrat Allama Asjad Raza Khan; son in-law of Huzoor Taajush Shariah Hazrat Allama Mufti Shuaib Raza, Shehzada-e-Sadrush Shariah Allama Mufti Jamaal Mustafa and my dear colleague Allama Maulana Arif Barkaati for their kind support and duas. I would also like to thank Hazrat Maulana Turab Ali al-Qaadiri Razvi and Hazrat Maulana Qaisar Ali Razvi for their continuous support and encouragement; and to all the other Ulama who sent their congratulatory messages and Duas on the publishing of this book. May Allah through the blessing of Rasoolullah  reward all those who assisted in any way possible in making this publication a success, with a befitting reward. Aameen Sag-e-Mufti-e-Azam Muhammad Afthab Cassim al-Qaadiri Razvi Noori Imam Mustafa Raza Research Centre (Overport, Durban, South Africa) 10