Mufti Taqi Saheb’s Serious Error on “Islamic” Banking

INTRODUCTION

Hitherto many Muslims outside Pakistan labour under the false notion that whatever Hadhrat Mufti Taqi Saheb proclaims on the subject of economics is the final word of the Shariah. This is indeed a thorough misconception. Hadhrat Mufti Taqi Sahib’s hybrid capitalist system of economics is littered with theories and concepts in stark conflict with the Shariah of Islam.

In view of this diametric clash with the Shariah, the Hanafi Muqallid Ulama have been constrained into refutation and rebuttal of the personal opinions of Hadhrat Mufti Taqi Saheb. This decision is in consonance with the Qur’aanic exhortation tacitly conveyed to the Guardians of the Divine Shariah in the following aayat which was a stern reprimand and condemnation of the vile attitude of the Ulama of Bani Israaeel whose salient feature was concealment of the Haqq and confusing it to suit their mundane and egoistical (nafsaani) motives:

“They (the followers) took their Ulama and Mashaaikh as gods besides Allah Ta’ ala.”

The academic, moral and spiritual ta’leem and tarbiyat acquired under the Shadow of the Akaabireen Ulama do not permit the Muqallideen Ulama of the Haqq to remain silent observers of the erosion of the Shariah committed by the ravages of Ta’weel-e-Baatil (False and Baseless Interpretation) emanating from the fortifications of seniority. While seniority has to be honoured and its due dignity be upheld, it cannot be permitted its unbridled plunge into Baatil portrayed in the hues of the Shariah.

It is with trepidation and tremendous pain in the heart that we feel impelled to embark on the unenviable exercise of hauling Hadhrat Mufti Taqi Sahib from the lofty pedestal he occupies in the Ilmi firmament of the contemporary Ulama. But when Haqq commands and constrains, then even juniors like us have no alternative other than to execute the Call and Command of guarding the Divine Shariah — a Call which emanates from the very Arsh of Allah Azza Wa Jal.

Hadhrat Mufti Taqi Sahib has in recent years descended from his sublime pedestal of being one of the leading Ulama-e-Haqq, to pose as the champion of the capitalist cause adopted by fussaaq Muslim entrepreneurs in whose veins pulsate the blood of Riba. They have absolutely no truck with the Shariah. But, the name of the Shariah is indispensable for their pursuit of the establishment of financial empires along the lines of their kuffaar counterparts in the western world. Hence, inspite of their diabolical attitude towards Islam and their inveterate aversion for the man who dons the beard of Rasulullah (sallallahu alayhi wasallam), their lascivious and lustful nafsaani agenda compels them to consort with the orthodox type such as Hadhrat Mufti Taqi Sahib.

While we are constrained to refute Hadhrat Mufti Taqi Saheb, we must mourn the loss from our ranks of, a wonderful Scholar such as Hadhrat Mufti Taqi Saheb whose moral and spiritual fibre has been gradually eroded and emaciated by his association, socialization and fraternization with the western enemies of Allah Ta’ala’s Deen— enemies who pose as Muslims, but whose inner souls reek of kufr and whose clean-shaven, western faces glaringly depict the nifaaq which their breasts conceal.

In Hadhrat Mufti Sahib’s abdication of his Shar’i throne and in his refuge in the camp of the capitalists, we have undoubtedly lost someone who once upon a time was a citadel of Ilmi strength for us juniors. But this Decree of Allah Ta’ala is accepted, and it remains our heartfelt dua that Hadhrat Mufti Taqi Saheb returns to the fold of old -fashioned orthodoxy even if he will be branded a ‘fundamentalist’ and a ‘terrorist’. His home is not in the filthy five star hotels of the capitalists nor in the plush boardrooms of the devourers of riba. His place is the dusty floor of the humble Madrasah which subsists in the spiritual Shadow of the Madrasah of Suffah of Rasulullah (sallallahu alayhi wasallam)…

“And on us is only to deliver the Clear Message.” (Qur’aan)

The Protector of the Divine Shariah is Allah Azza Wa Jal. This assurance He categorically gives in His Qur’aan:

“Verily, We have revealed the Thikr, and verily, We shall be its Protectors.”.

Allah ta’ ala defends and guards His Inviolable Shariah and Deen even with the agency of juniors, when the seniors abscond from their stations of command, and if a stage develops when there are no longer even junior Ulama-e-Haqq left to protect the Deen, Allah Ta’ ala will harness even fussaaq to maintain the purity of This Divine Shariah. Thus the Hadith says:

“Verily Allah Ta’ ala will aid this Deen with even a faasiq man.”

But bear in mind that the fussaaq who will stand up as Defenders of the Deen will be men with correct beliefs. They will have the very same doctrinal Imaan which the Sahaabah expounded and held while their mundane life will be contaminated with fisq and fujoor. That is the unquestionable decree of the Creator. It is His Prerogative.

[Maulana A S Desai]

Mujlisul Ulama of South Africa, 1st Shawwaal 1426 2-11-2005

[Extracted from Introduction of Hazrat Maulana Ahmad Sadeq Desai to ar-Raddul Fiqhi Alaa Justice Mufti Taqi Uthmani authored by Mufti Habeebullah, Shaikhul Hadith of Jamiah Islamiyah Karachi]

REFUTATIONS OF THE RIBA CAPITALIST CONCEPTS BEING LEGALIZED UNDER THE GUISE OF ‘ISLAMIC FINANCE’

Islamic Finance – Refutation of the Baatil Concepts of Capitalism
Dubbed ‘Islamic Finance’
(Maulana A S Desai)

Penalty of Default – Can Riba be Used to Punish a Man for Late Payments?
(Maulana A S Desai)

Shares, Unit Trusts, and the Shariah
(Maulana A S Desai)

The Concept of Limited Liability – Untenable in the Shariah
(Maulana A S Desai)

Summary of the Limited Liability Concept
(Maulana A S Desai)

The Invalidity of the “Running Musharakah” Scheme
(Maulana A S Desai)

Ar-Raddul Fiqhi Alaa Justice Mufti Muhammad Taqi Uthmani
(Mufti Habeebullah)

Miscellaneous Fatwas on Financial Concepts and Systems
(Maulana A S Desai)

Also related:

Mufti Taqi Sahib’s Serious Error on Pictures of Animate Objects
(Maulana A S Desai)

10 thoughts on “Mufti Taqi Saheb’s Serious Error on “Islamic” Banking

  1. Jamal

    I love mufti taqi usmani for the sake of Allah. I’m not taking him as a god beside Allah but I trust him for his extensive knowledge of the sharia. May Allah forgive those who criticise him, and show them the right path

    Reply
  2. عبد

    Assalaamu’alaikum wa Rahmatullaahi wa barakaatuh…

    Not only Mufti Taqi ‘Uthmaani (daamat barakaatuhum), we The Ahlus-Sunnah Wal-Jamaa’ah (Hanafi, Maaliki, Shaafa’i & Hambali) Love & Respect each & everyone of our ‘Ulamaa. But we only follow the rulings which is accepted by the majority of them i.e. ‘Ulamaa.

    Neither do we cling onto the rare/obscure views of our ‘Ulamaa nor do we take their errors as proofs in Sharee’ah.

    And we abide by the golden principle as stated by one of them,
    من اخز بنوادر العلماء خرج من الاسلام
    “One who cling’s onto the rare/obscure views of the ‘Ulamaa will make his way exit from Islaam”

    needy of your sincere du’aas…
    Jazaak-ALLAAH Khairan..!

    May ALLAAH Ta’aalaa guide us all, keep us united on Haqque in this dunyaa & reunite us for the Vision of HAQQUE in Jannah…aameen

    Wassalaam

    Reply
  3. Jamal

    Wa alalikum salaam, Jazakallah for your reply, criticism on an academic level is OK and has been the way of our salaf. If a layman is left to choose what masla to accept from a certain aalim, this will open the door of nafsaniyyat and will cause confusion. If a layman has chosen an alim on the basis of knowledge and piety, shouldn’t he trust him in what he says. If not, on what ground is he required to reject him. A layman is not able to distinguish between weak and strong evidence.
    Lastly I would like to mention that I’ve read articles which accuse mufti Saab of being inclined towards the dunya and his verdicts are based on worldly motives, this really hurts me because I believe that he’s pious and he has reasons for his verdicts and he’s qualified to give verdicts.

    Reply
    1. admin Post author

      Assalamualaykum,

      A layman is not excused for blindly following the errors of the Ulama which have been thoroughly exposed by other Ulama-e-Haqq. For example, the very same spurious logic and reasoning with which Mufti Taqi Saheb has attempted to use to convey the view that digital pictures are not real pictures have been thoroughly refuted by Mufti Taqi’s own father, Mufti Shafi’i , in his book exposing the Ulama of his era. There was complete Ijma’ of all the Deobandi Akabir who were around long after the proliferation of digital pictures, that such pictures are actually real pictures in the Shari’ sense, and thus fall under the categorical prohibition of innumerable Ahadith. Mufti Taqi Saheb was the very first Deobandi to break this Ijma’ on this prohibition. Within a few short years his ruling is fast on the way to becoming the Jamhoor (majority) ruling of the Deobandis, with many senior Ulama today now legalizing even paper photos.

      Mufti Shafi’s refutation of the Ulama of his era, and the refutations written by other Ulama-e-Haqq, are not excercises in futility. They are written precisely for the purpose of ensuring that the ignorant laymen are able to understand clearly the spuriousness in the logic, reasoning, and evidences used to justify erroneous rulings. Such refutations are tailored and ‘dumbed down’ to the the Aql of the layman. There is not expectation from the layman to first become an Aalim before being able to understand the slip of an Aalim – such slips about which Hadhrat Umar (radhiyallahu anhu) explicitly said will be the destruction of this Ummah.

      Hence, when the Ulama-e-Haqq point out the fact that pictures constructed using electrical signals remain classed as pictures by the Shariah, just as modern music produced using electric signals remain classed as music regardless of absence of non-wind instruments, EVERY layman possesses sufficient Aql (intellect) to understand this self-evident fact. Similarly, anyone reading the refutations against Mufti Taqi Saheb regarding his position on the various Riba instruments employed by “Islamic” banks today, has sufficient Aql to appreciate the fact that such Riba instruments are legalized through employing a mish-mash of numerous isolated rulings plucked from several madh-habs which have in fact been rejected as isolated by the Fuqaha of each madh-hab.

      Regarding the perceived harsh tone of the refutations, the tone will appear extremely mild if one makes just a perfunctory reading of the extremely harsh attitude of the Salaf-us-Saliheen towards what they deemed to be the slightest of deviations – in fact, far lesser deviations than the legalisation of such matters as pictures of animate objects, Riba, istigaathah, Meeladun Nabi (aka Seeratun Nabi), small quantities of wine to food, mass brutal torture of animals, etc. which are currently being legalized or condoned by countless Ulama today, Deobandi and otherwise.

      Was-salaam

      Reply
  4. Aslam

    I find it very difficult to swollow the fact that Islamic funds should be moulded into an acceptable form within an unislamic financial system. All these so called Islamic banking & financial schemes paraded by kuffar institutions wreak of ultimate tainted ends. For those whose hearts are more inclined to further enrichment in this world,these fasaads and so called Islamic schemes will be what soothes their nafs. The scholars that ratify these have answered to their own nafs unfortunately. It is what is becoming the parasite beneath our feet that is causing the very earth to treamor. What is good for us & that which is Islamic is always simple to understand,straight forward and crystal clear. This is the beauty of Allah s way. The way of shaytaan is always misty & full with confusion that is designed to lead even the pious astray. The more we seek to gain acceptance in a system with little or no resemblance to the clear path shown by Allah & our Nabi s.a.w ,the easier it is for us to swollow the tiny seeds of destruction shaytaan scatters along the straight & clear path, for us to be destracted by.There is no Islamic banking which is true to Islam, if it’s structure lies twinned within that of any non Islamic institutions. At most these institutions should only be used to receive your halaal income and make use of it,outside of that system. One does not need to be a Qadi to pass these kinds of fatwas upon one’s own nafs. One just needs “ittaqillah” & simple knowledge of what is permissible vs what is not. May Allah save us from the confusions of Shaytaan & Dajjal, Aameen.

    Reply
  5. Khalid Nayaz Khan

    Assalamualaikum. mufti Saheb Damath barakathuhum . I have a few humble requests.
    I think in such matters when an error has occurred from an eminent a’lim, the best thing would be to bring to his personal notice before openly putting it before the general public. If there is really an error the concerned a’lim would make rujoo to his views and he himself would bring it before the people by thanking the one who brought it to his notice.
    May be if it is a ijthihadi mas’la and the A’lim wants to stick to his stand, both views may be brought in the open for ahle Ilm to see and judge. I feel Hazrath mufti Taqi saheb would not insist on continuing with something that is outright wrong.
    Wassalam
    Khalid

    Reply
  6. Jamal

    This is the correct way of going about with these issues , I suggested this to them before but they insist to carry on this way

    Reply

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