Ar-Raddul Fiqhi (A Juridical Rebuttal), is a treatise written by Hadhrat Maulana Mufti Habeebullaah of Pakistan. The author is among the senior Ulama of Pakistan. He is the Shaikhul Hadith as well as the Chief of Specialized Studies at Jaamia Islamiyah, Karachi, Pakistan. Hadhrat Mufti Habeebullaah Saheb has written his treatise in refutation of Hadhrat Mufti Taqi Uthmaani's views and fatwas on the questions of:

(1) Interest on late payment of instalments

(2) Absolution of debt from debtors

(3) The legal entity called company with its limited liability.

This treatise is a concise response to the utter baseless western concepts of the capitalist system of economy. 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 underthe Shadow of the Akaabireen Ulama do not permit the MuqallideenUlama of the Haqq to remain silent observers of the erosion ofthe Shariah committed by the ravages of Ta'weel-e-Baatil (False andBaseless 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 inthe hues of the Shariah.

It is with trepidation and tremendous pain in the heart that we feelimpelled to embark on the unenviable exercise of hauling HadhratMufti Taqi Sahib from the lofty pedestal he occupies in the Ilmi firmamentof the contemporary Ulama. But when Haqq commands andconstrains, then even juniors like us have no alternative other than toexecute 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 hissublime pedestal of being one of the leading Ulama-e-Haqq, to poseas the champion of the capitalist cause adopted by fussaaq Muslimentrepreneurs in whose veins pulsate the blood of Riba. They haveabsolutely no truck with the Shariah. But, the name of the Shariah isindispensable for their pursuit of the establishment of financial empiresalong the lines of their kuffaar counterparts in the westernworld. Hence, inspite of their diabolical attitude towards Islam andtheir inveterate aversion for the man who dons the beard of Rasulullah(sallallahu alayhi wasallam), their lascivious and lustful nafsaaniagenda compels them to consort with the orthodox type such asHadhrat Mufti Taqi Sahib.

While we are constrained to refute Hadhrat Mufti Taqi Saheb, wemust mourn the loss from our ranks of, a wonderful Scholar such asHadhrat Mufti Taqi Saheb whose moral and spiritual fibre has been gradually eroded and emaciated by his association, socialization andfraternization with the western enemies of Allah Ta'ala's Deen—enemies who pose as Muslims, but whose inner souls reek of kufrand 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 hisrefuge in the camp of the capitalists, we have undoubtedly lost someonewho 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 ourheartfelt dua that Hadhrat Mufti Taqi Saheb returns to the fold ofold-fashioned orthodoxy even if he will be branded a 'fundamentalist'and a 'terrorist'. His home is not in the filthy five star hotels of thecapitalists nor in the plush boardrooms of the devourers of riba. His place is the dusty floor of the humble Madrasah which subsists in thespiritual Shadow of the Madrasah of Suffah of Rasulullah (sallallahualayhi wasallam).

This brief treatise of Hadhrat Mufti Habeebullaah Sahib may not befully comprehensible to most unacquainted minds. We have discussedand outlined these questions and responded in greater detail toHadhrat Mufti Taqi's utterly fallacious arguments and interpretationsin our books:

(1) The Concept of Limited Liability-Untenable in the Shariah
(2) Penalty on Late Payment is Interest
(3) Penalty of Default
(4) Unit Trusts

Anyone who wishes to receive copies of these books, may write tous. While we do not fix a price for the books, stamps and any contributionwill assist towards the printing and postage costs.

"And on us is only to deliver the Clear Message." (Qur'aan)

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

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

Allah ta' ala defends and guards His Inviolable Shariah and Deeneven with the agency of juniors, when the seniors abscond from theirstations of command, and if a stage develops when there are nolonger even junior Ulama-e-Haqq left to protect the Deen, Allah Ta'ala will harness even fussaaq to maintain the purity of This DivineShariah. Thus the Hadith says

"Verily Allah Ta' ala will aid this Deen with even a faasiqman."

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

Mujlisul Ulama of South Africa
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