Issue 7-10 – Hanafee Fiqh Opposing The Hadeeth – Allaamah Imaam Badee ud deen Shaah Raashidee Sindhee

A Treatise of Allaamah Imaam Badee ud deen Shaah Raashidee Sindhee

ISSUE 7

How Much Should the Dowry Be?

Prophetic Hadeeth

Narrated Jabir ibn Abdullah (RadhiAllaahu Anhu): The Prophet (Sallalahu Alayhee Wasallam) said: If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for himself. (Abu Dawood, The Book of Wedlock (1/294 no.2110)

Hanafee Fiqh

“The dower has to be at the very minimum 10 dirhams… and if someone gives less than 10 dirhams then according to us (ie our hanafee Madhab) it will still be considered to be 10 dirhams.” (Hidaayah Awalain 2/324)

 

ISSUE 8

Is It Permissible to Take Something Back That You Have Gifted?

Prophetic Hadeeth

Abdullaah ibn Umar (RadhiAllaahu Anhuma) narrates the Messenger of Allaah (Sallalahu Alayhee Wasallam) said, “Nothing can be asked to be returned that has been gifted except a father from a son.” (Nasaa’ee (2/136), Ibn Maajah 2/172 no.2378).

Hanafee Fiqh

“When a person gifts something to someone he can ask for it to be returned but a father cannot asked for something to be returned from his son!!!!” (Hidaayah Aakharain (3/289)

 

ISSUE 9

What Should One Do Upon Finding A Lost Animal

Prophetic Hadeeth

Zaid bin Khalid RadhiAllaahu Anhu) narrates that the Messenger of Allaah (Sallalahu Alayhee Wasallam) said (concerning a lost camel part of a longer hadeeth), “It is none of your concern. It has its water-container (reservoir) and its feet, and it will reach water and drink and eat from the trees until its owner finds it.” (Bukhaari (1/328 no.2429), Muslim (2/78 no.1722).

Hanafee Fiqh

“It is permissible to keep a lost animal whether it is a sheep, cow or camel” (Hidaayah Awalain (2/615)

 

ISSUE 10

How Many Braids in a Deceased Womans Hair

Prophetic Hadeeth

Regarding the Messenger of Allaahs (Sallalahu Alayhee Wasallam) daughter, Zainab (RadhiAllaahu Anha) when she passed her away and her body was washed it is said, “We entwined her hair in three braids and made them fall at her back.” (Bukhaari (1/69,168 no.1263), Muslim (1/304)

Hanafee Fiqh

“Two braids should be made with a deceased womans hair and placed on the front of her body” (Hidaayah Awalain (1/179)