Fatwa ID: 04855
Answered by: Mufti Mohammed Tosir Miah
Question
My husband follows one Wali, he tells me it is alright to seek help from Wali even from far away, I asked him, If I am sinking in the sea & I need Help, which one should I seek the help from, your Wali or Allah, he answered the Wali! Because Allah had created of him many other spirits as one spirit with every follower to help him, and by Izn of Allah if I call the wali from far away Allah will make him hear me so then he (the Wali) can make Dua for me to Allah to rescue me. ! I said why I shall not ask Allah directly, he said because he may not accept your Dua, unlike the Wali’s dua’s always accepted.
In the name of Allah, the Most Gracious, the Most Merciful
Answer
Kufr is to refute any commandments of Allah SWA, which is absolute and definite or to have doubt or reservations about it, which has reached us through the medium of the Prophet of Allah Sallallahu Alahi Wasalam.
The condition of absolute and definite has been added since the laws of Deen have reached us via two ways: one by way of Tawatur and another by way of Khabr Ahaad. Tawatur is those narrations that have reached us via the Prophet of Allah Sallallahu Alahi Wasalam, through a continuous and unbroken chain of narrators. From the time of the Prophet of Allah Sallallahu Alahi Wasalam until the present in every era, some reliable Muslims reported these narrations. Such things are absolute and definite and it is kufr, to reject and refute the validity of salah, zakat etc. To jeer and degrade the Shariah is also kufr because these things are from the Quran and Ahadith Mutawatir. (Aqaaidul Islam p.169 –p.170)
There are two main categories of Shirk.
- Shirk in Ruboobeeyah
This refers to the belief that others share Allah’s Lordship over the creation as His equal or near equal. Idol worshippers will fall under this category.
- Shirk in Allah’s attribute
This refers to where a God over creation is recognized, however, one believes that His attributes are shared by other lesser gods, spirits, mortals, heavenly bodies, or earthly objects.
For example, one believes that a human being has the power to create something or can cause the birth of a child. (Taken from Urdu Sharah of Aqidatut Tahawiyah)
Regarding your situation, it is always advisable that one takes precautions when it comes to doing takfir and calling another Muslim a disbeliever. It is narrated by Saaiduna Abu Hurairah Radiallahu Anhu that the Prophet of Allah Sallallahu Alahi Wasalam has said, “When a person says to his brother, ‘O disbeliever!’ then disbelief returns to one of the two of them.” (Sahih Bukhari)
Imam Nawawi (RA) has said, “They (scholars) differ as regards the interpretation of this “returning,” So it is said, “kufr returns upon him if he is making that lawful”. And it is said, “It is taken to refer to the Khawarij,” since they declare believers to be disbelievers.” (Sharh Sahih Muslim p.50 v.2)
Now regarding your question, if your husband is saying that due to the barakah or tawassul of such a Wali, Allah is making something happen, etc… then that will not take your husband out of the fold of Islam.
Allah states in the Quran: “O you who believe! Fear Allah and seek a means (wasila) to be closer to him…” (Surah Maida: 35)
In another ayah, Allah states: “…If they would have come to you when they had wronged themselves to seek Allah’s forgiveness and if the Rasool had also asked Allah’s forgiveness for them, they would have found Allah Forgiving, Merciful.. (Surah Nisa: 64)
It is clear from the above verses that tawassul is permissible and there is no difference between the living and the dead in this matter. However, there is a difference of opinion of the scholars in the tawassul mentioned above in your question. This difference stems from the fact that does the dead hear the living.
The scholars who are of the opinion that the deceased cannot hear present the ayah “The fact is that you cannot make the dead hear you…” (Surah Naml: 80) as their evidence. On the other side, the Hadith narrated by Ibn Umar is presented where The Prophet looked at the people of the well (the well in which the bodies of the pagans killed in the Battle of Badr were thrown) and said, “Have you found true what your Lord promised you?” Somebody said to him, “You are addressing dead people.” He replied, “You do not hear better than they but they cannot reply.” (Sahih Bukhari: 2.452) (see Fatawa Darul Uloom Deoband vol 5, P461& Ahsanul Fatawa, Vol 4, P191)
Apart from the above many Ahadiths for and against are submitted in evidence for both sides of the argument. In short, this issue is debatable and undecided amongst the scholars and that is why you have different statements as mentioned above. The most pious opinion and method are that the person asks Allah directly and if required through the status of his pious prophet or people and not the deceased (to pray to Allah on his/her behalf). As this could have an effect on the beliefs of the ordinary people, it is for this reason scholars state that it is undesirable for a person (ordinary individuals as well as scholars) to do dua with the words “bi haqqi rusulika” (right/status of the prophet) as the creation do not have any right over the creator. (Raddul Muhtar, Vol 5, P281) However the above verses clearly indicate the permissibility of tawassul, therefore, if one does use tawassul then one should be precautious in not having any wrong belief and should always remember that Allah alone has influence over everything.
However, if your husband believes that the Wali has those attributes which are exclusive to Allah (SWA) then that will take him out of the fold of Islam. In such a situation your marriage with your husband would be broken straight away and there is no need for a Qadhi or an Islamic Sharee Council to annul the marriage. (Raddul Muhtar p.366 v.4 & Hidayah p.348 v.2)
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
