Women and Graveyard

[Muslim Woman]

...sister, may Allah preserve you, it is not the job of awam (laypeople/common folks), like ourselves, to check fatwas with the Qur'an or hadith

Why not ? We must not blindly follow any scholar . They are human being and can make mistake . So , why not check with Quran ?

it is bid'ah to recite the Qur'an beside graves.

Is it allowed to recite Quran from memory ?

 

[MSalman]

Why not ? We must not blindly follow any scholar . They are human being and can make mistake . So , why not check with Quran ?

:wa:

sister, I am not saying that scholars cannot make mistakes or we should follow their mistakes. But here is crux of the matter: we do not know whether he really made a mistake because we lack ilm. How do we know that we are understanding the ayah or the hadith correctly which seems to be contradictory to a scholar's fatawa? Do we have the knowledge of naskh and mansukh and the whole science of usul al-fiqh? The only way we will find out that a scholar is wrong is via another scholar. The scholars do not invent opinions from nothing, it is based upon the shari' text. As long as you ask those who are trust worthy, do not give random weak/odd/shadd fataws, and known for knowledge and piety; we have done our job and there won't be need for any verification with the Qur'an or the ahadith, insha'Allah

HOWEVER, one could say: "I choose this fatawa or I am making tarjeeh between two fatawas because it appeared to me that this fatawa has more proof or more evidence was presented in its support". But it is wrong to say: "the fatawa I chose has more evidence" or "I chose this fatawa because it follows/closer to the Qur'an and the sunnah". And you cannot go around force your personal tarjeeh upon others given that the difference is valid or promote as if it is the only opinion or say the fatawa I chose has more evidence.

Is it allowed to recite Quran from memory ?

no, it is bid'ah to recite the Qur'an beside a dead person's grave whether from memory or from a mushaf. Please refer to,

Ruling on reading Qur’aan at the graveside and putting roses and fragrant herbs on the grave
Reading Qur’aan at the grave
Ruling on reading Qur’aan over the grave of a dead person

and Allah knows best

 

[Sampharo]

Why not ? We must not blindly follow any scholar . They are human being and can make mistake . So , why not check with Quran ?

That is true sister, you must not follow any scholar directly. What IslamicLife meant was that direct interpretation from the Quran and Hadith is misleading and you can make many mistakes about underlying rules, matters of abrogation, hidden exceptions, many things that scholars are aware of that you may not be, so it is important to always take from secondary sources, as in a scholar who analyzed, and you seek a scholar who is pious and well-known for his accuracy and effort in reaching the truth.

Is it allowed to recite Quran from memory ?

You may read from memory from your home, especially Surat Yaseen is very good for dead people, however it was not a sunnah to do that at the grave, so read it from home. If you choose to visit the grave based on permissibility, you still shouldn't read the Quran there.

@Sampharo
the issue of majority and minority are not much relevant to awam because there could be the case that minority opinion has stronger evidence but due to our lack of ilm we do not know. So saying that the majority opinion says this; therefore, we should accept it is not the right way to go about.

Barak Allahu Feek brother Islamiclife,

You are correct in a BIT of a sense that majority and minority are not much relevant. They are in general relevent when it is a LARGE majority, as you may be aware there is the rule of shozuz and tafarrud and shohra all referring to giving majority opinion a weight (as long as both have daleel of course).

In this specific case I mentioned that I am with the majority opinion as a way of description, not reasoning. As I explained I believe in this opinion because it has the stronger authenticated hadith where the prophet said women will be cursed if they do visit. The daleel of the opposite opinion is an authenticated hadith of Aisha's actions, which to scholars as you may know companion actions when in conflict with prophet's statements are to be given secondary status. The hadith mentioned by T.I.A. referred to the order of visiting graves after it was originally banned fully on everyone until the the relevation of its permissibility, it did not refer to women neither in word nor implication so it cannot be used to counter a specific hadith.

God of course knows best

 

[MSalman]

jazak Allah khayran for clarifying it akhee al-kareem