By Sahil Razvi, New Age Islam
1 March 2025
The Tārīkhī Fatāwā upheld Sunni practices like Milād and Taziya as lawful, rejected Kufr claims for cultural engagement, and affirmed Mecca/Medina’s sanctity. Authored by Shah Fazle Rasool, it bridged scripture and societal change, defending Islamic identity amid political decline, colonial pressures, and sectarian discord.
‘Tārīkhī Fatāwā’ is a collection of fatwas written by Maulana Shah Fazle Rasool Qadri Badayuni in response to Islamic questions sent by the last Mughal emperor, Muhammad Bahadur Shah Zafar, in the eighteenth century. This fatwa contains nine questions sent by Emperor Bahadur Shah Zafar, which were presented to Hazrat Shah Fazle Rasool by Muhammad Munir Khan Bahadur Badayuni.
When this fatwa was being written, there was significant turmoil among Muslims over grave issues like shirk (polytheism) and kufr (disbelief). On one hand, the Mughal Empire was crumbling under British dominance, and on the other, Muslims were deeply troubled by religious matters.
Most people are familiar with Bahadur Shah Zafar’s poetry, but very few know that he was also religiously inclined. In this fatwa, Maulana Shah Fazle Rasool addressed issues like Kufr, shirk, celebrating Milad, idol-making, etc., in light of the Quran and Hadith.
I have transcribed the fatwas written by Maulana Sahib exactly as they are, without any alterations. If any error, intentional or unintentional, occurred while writing or reading them, I seek forgiveness from the Almighty Allah, who holds my life in His control. Indeed, He is the Forgiver of mistakes.
Here, it becomes necessary to clarify a misunderstanding that has settled in some minds due to a sentence in this fatwa. The questions Bahadur Shah Zafar sought a fatwa for included two specific ones:
1. A person claims that deliberately seeing a Taziya or seeing it unintentionally is Kufr.
2. A person becomes a Kāfir (disbeliever) by witnessing Holi or attending Dussehra, even if done unintentionally.
Note carefully—If a Muslim sees Dussehra or participates in Holi without intention, they will still become a kāfir. What is the ruling on such a claimant (qā’il)?
Read the question again carefully, the claimant is not saying that viewing a Taziya or attending Dussehra is harām (forbidden), but rather labelling it as kufr. Islamic Scholars as well as common people understand the difference between harām and kufr. Keeping this distinction in mind, let us observe Hazrat’s response:
According to Ahl-e-Sunnat, faith (īmān) and disbelief (Kufr) are defined by affirmation (tasdīq) and denial (takdhīb). That is, believing in the heart and declaring with the tongue are essential, and manifesting this declaration in the world is a condition for applying Sharia rulings. However, among deviant sects, the Khawarij consider this shirk (polytheism), as their misguided belief has reached notoriety, so there is no need to present evidence for it.
The point to ponder is that the claimant has equated merely seeing something regardless of whether the viewer affirms it in their heart to kufr. This claimant’s statement indicates their exclusion from the fold of Ahl-e-Sunnat wal Jamā’at.
At most, regarding the Taziya, it could be assumed that some people worship it, so viewing it might lead to kufr. But even this ruling by the claimant is invalid, as it would absurdly imply that seeing the moon, sun, Ganga-Yamuna, fire, or even drinking Ganga water would constitute kufr.
Further, citing the Fatawa-e-Alamgiri, the scholars write that participating in non-Muslim festivals becomes kufr only if done to honour (tazīman) their disbelief or endorse their kufr practices. Merely participating without such intent is not kufr.
What do the Ulamā-e-Haqq (scholars of truth) and respected Muftis decree regarding a person who says:
1. Celebrating Milād Sharīf on a specific day is a Gunāh-e-Kabīra (major sin).
2. Standing (Qayām) during Mahfil-e-Milād (gatherings for the Prophet’s birth commemoration) is Shirk (polytheism).
3. Reciting Fātiha over sweets or Shīrni (a sweet dish) is Harām (forbidden).
4. Seeking desires (Murād) from Auliyā Allāh (saints) is Shirk.
Note: This is no ordinary allegation but a direct stamp of Shirk. Such accusations against Sunni Muslims are not new; they have been made for over 150 years. Even today, the descendants of those who issue such fatwas label visiting holy shrines (Mazār-e-Pāk) or seeking desires from Auliyā Allāh as Shirk.
Furthermore, he claims:
5. Reciting the traditional five verses (Hasbe-Qadeem) is Bid‘at (innovation).
6. There is no divine miracle (Mojza-e-Haqq) in the blessed footsteps of the Prophet Muhammad.
7. Intentionally or unintentionally seeing a Taziya (Muharram procession) is Kufr (disbelief).
8. Merely wandering in Holi or Dussehra, even without intention, makes one a Kāfir (disbeliever) and divorces his wife.
9. There is no sanctity (Buzurgī) in the lands of Ka‘ba Sharīf and Madīna Munawwara because injustices occurred there:
- Hazrat Usman Ghani R.A was killed in Madīna Munawwara.
- Hazrat Abdullah bin Zubair R.A was martyred in Makkah Muazzama.
- Hazrat Imam Hussain R.A was expelled from Makkah.
Religious Queries
- Is it correct for Muslims to pray behind such a person or take Bay‘at (allegiance) from him?
- What is the ruling of Sharia-e-Sharīf (Islamic law) regarding such people?
Hazrat Shah Fazle Rasool Qadri Badayuni wrote a detailed 15-page response, explaining the stance of Ahl-e-Sunnat wal Jamā‘at (Sunni orthodoxy) with evidence. Contemporary scholars have also endorsed this fatwa.
A Brief Note on Maulana Shah Fazle Rasool Qadri Badayuni
Shah Fazle Rasool Qadri Badayuni (1798–1872) holds an esteemed position among Indian Islamic scholars. Appointed as India’s first Grand Mufti by the last Mughal emperor, Bahadur Shah Zafar, Badayuni was renowned for his profound Islamic knowledge, spiritual insight, and contributions to the intellectual and religious life of the Muslim community. His Urdu commentaries on Islamic issues, published under the title "Tārīkhī Fatāwā", remain influential in Islamic legal discourse to this day.
Shah Fazle Rasool Badayuni was born in 1798 in the renowned Moulvi Mohalla (scholars' quarter) of Badaun district, Uttar Pradesh. He belonged to a deeply religious family. His father, Hazrat Ainul Haq Shah Abdul Majeed bin Abdul Hameed Badayuni, was a respected scholar, while his great-grandfather, Hazrat Daniyal Qatari, had arrived in Badaun with the army of Sultan Shamsuddin Iltutmish. This rich ancestral legacy connected him to the deep roots of Islamic scholarship and spirituality.
From childhood, Shah Fazle Rasool displayed a keen interest in religious studies. He received his early education under the guidance of his father and grandfather, where he learned the basics of Arabic and Islamic sciences. For higher education, he travelled to Lucknow, then a major centre of Islamic learning. There, he studied under the renowned scholar Maulana Nurul Haq Farangi Mahali, specializing in Fiqh (Islamic jurisprudence), Hadith (sayings of Prophet Muhammad), and Tafsir (Quranic exegesis).
Additionally, he studied Tibb (medicine) and learned the intricacies of Hikmat (traditional healing) from the famed physician Hakim Babar Ali Mohani. This diverse education helped shape him into a multifaceted scholar, enabling him to address both the spiritual and medical needs of his community.
Shah Fazle Rasool Badayuni’s erudition and piety soon earned him a place among the leading Islamic scholars of his time. His deep command of Islamic jurisprudence and ability to simplify complex religious and legal issues established him as an authoritative figure in Islamic affairs.
Now, let us turn to the responses in the Tārīkhī Fatāwā by Maulana Shah Fazle Rasool Qadri Badayuni
1. Celebrating Milād Sharīf on a Fixed Day
Quoting Allama Ahmad bin Muhammad Kistalani and Allama Ibn al-Jazari, he writes:
"If even Abu Lahab a disbeliever condemned in the Quran was rewarded with a reduction in his punishment for rejoicing on the night of the Prophet’s Muhammad birth, then what will be the state of a believer (Ummati) who celebrates the Prophet’s birth, spends according to his capacity out of love for the Prophet Muhammad? Allah, the Lord of Honour, will reward such a person by admitting him to Jannat-un-Na‘im (Paradise) through His abundant grace."
The Tārīkhī Fatāwā provides numerous arguments affirming that celebrating Milād Sharīf on a fixed date is valid. These proofs establish that eminent scholars, including Imam al-Suyuti, deemed it a virtuous act (Amal-e-Hasan) and a source of reward (Sawāb). Thus, labelling it a "major sin" (Gunāh-e-Kabīra) is baseless (bātil), rooted in ignorance (Jahālat), and contradicts the practices of the Sahāba-e-Kirām (Prophet’s companions).
2. Standing (Qayām) During Mahfil-e-Milād
Maulana Hasan (teacher at Masjid al-Haram) states in his fatwa:
"There is consensus among Ahl-e-Sunnat wal Jamā‘at that standing (Qayām) during Milād gatherings is commendable (Mustahabb) and approved (Mustahsan). The Prophet Muhammad said, ‘My Ummah will not unite upon misguidance.’ A scholar further notes that standing during the mention of the Prophet’s birth is a Bid‘at-e-Mustahsanah (praiseworthy innovation), expressing joy and reverence." This fatwa bears the seals and signatures of esteemed jurists from all four Sunni schools, confirming its validity.
Refutation of Shirk Allegation
If even Sajda-e-Tazeemi (prostration of respect) is forbidden, how can merely standing during Milād be labelled Shirk?
3. Reciting Fātiha Over Food/Shīrni
Hazrat Shah Abdul Aziz Dehlavi states in his famous fatwa:
There are three scenarios for visiting graves on specific days:
- If individuals visit graves to pray for forgiveness (Istighfār), this is validated by Hadith. The Prophet Muhammad visited graves annually and prayed for the deceased.
- Gathering to recite the Quran, distribute Shīrni/food after Fātiha, though not practiced during the Prophet’s Muhammad or Rashidun Caliphs’ era, is permissible (Ajr-e-Shar‘ī). It benefits both the living and the dead.
- However, celebrating specific days like Eid, wearing extravagant clothes, dancing with music, or performing forbidden acts (e.g., prostrating at graves) is impermissible (Mamnū) and Harām.
4. Is Seeking Help from Auliya-e-Kirām (Noble Saints) Shirk (Polytheism)?
Shah Abdul Aziz Muhaddis Dehlavi, in his commentary (Tafsir) on a Quranic verse regarding seeking help from Auliya-e-Kirām, writes:
"The attention (Tawajjuh) of the soul (Rūh) naturally gravitates toward visitors (Zā’irīn) and beneficiaries (Mustafīdīn). Due to the physical body’s (Badan) fixed location (Ta’ayyun), the soul’s abode (Maqām) also becomes defined. Acts like charity (Sadaqāt), reciting Fātiha (Fātiha-Khwānī), or Quranic recitation (Tilāwat-e-Quran Majīd) near the burial site (Madfūn) of the body (Badan) easily confer spiritual benefits (Nafa-Bakhshā). Hence, cremating the body displaces (Be-Makān) the soul, while burying it establishes a residence (Maskān) for the soul. Based on this, believers continue to benefit (Intifā) from and seek blessings (Istifāda) from the graves of Auliya-e-Kirām and other pious Muslims (Sālihīn Mominīn), and it is possible to assist them and receive their aid."
In another Quranic commentary, Shah Abdul Aziz states:
Certain elite saints (Khās Auliya), who dedicated themselves to perfecting (Takmīl) and guiding (Irshād) humanity, continue to exert spiritual influence (Tasarruf) in this world. Their immersion (Istighrāq) in divine perfection (Zehn-e-Kamāl) does not diminish their attention toward worldly affairs. Early Sufi masters attained their inner perfections (Kamālāt-e-Bātini) through these saints. Those in need (Hājatmand) seek solutions to their difficulties from them and receive fulfilment. Through their state (Zabān-e-Hāl), they declare: ‘If you approach with your physical body (Badan), I am present with my soul (Rūh).’
6. The Miracle of the Blessed Footprints of the Prophet Muhammad.
Allama Ahmad bin Muhammad al-Kistalani writes in his esteemed book ‘Al-Mabahith al-Ilahiyya’ regarding the miracle of the blessed footprints (Naqsh-e-Pak) of the Prophet Muhammad: "When the Prophet of Light Muhammad walked upon a stone, his blessed feet left imprints on it, as is famous among people of ancient and modern times." This miracle is mentioned in the books of the following scholars: Allama Muhammad Rahbi in "Al-Mojizat"; Qazi Diya al-Bakri in "Tarikh-e-Khamis", where he quotes Allama Fakhruddin al-Razi; Imam Jalaluddin al-Suyuti in ‘An-Numuzz al-Lawami’; Imam Rajin al-Badri in ‘Al-Khasais’ with a reference from Imam Sayyid al-Shawkani; Allama Halvi in ‘Insanul Uyun’; Imam Zabidi al-Tilismanī in ‘Fathul Matal’, citing Hafiz Maturidi Ibn Saba Nishapuri; Shaikh Abdul Haq Muhaddis Dehlavi in ‘Madarij Un-Nubuwwah’; and Imam al-Busiri in his famous ‘Qasida-e-Burda’.
7. Is Viewing a Taziya (Intentionally or Unintentionally) Kufr?
8. Does Seeing Holi or Attending Dussehra Make One a Kafir?
According to Ahl-e-Sunnat, faith (Iman) and disbelief (Kufr) are defined by affirmation (Tasdiq) and denial (Takzib). That is, belief in the heart and declaration by the tongue are essential, and manifesting this declaration in the world is a condition for applying Sharia laws. However, among deviant sects like the Khawarij, this is considered Shirk (polytheism), as their misguided belief has reached notoriety, so there is no need to present evidence for it. The claimant equates mere seeing (regardless of whether the viewer affirms it in their heart) to Kufr. This statement exposes the claimant’s deviation from Ahl-e-Sunnat wal Jamaat. At most, regarding the Taziya, it could be assumed that some people worship it, so viewing it might lead to Kufr. But even this ruling by the claimant is invalid, as it would absurdly imply that seeing the moon, sun, Ganga-Yamuna, fire, or even drinking Ganga water would amount to Kufr.
From the Age of Ignorance (Jahiliyya) until the Conquest of Mecca, the Prophet Muhammad performed Umrah (minor pilgrimage) before and after the Hijrah (migration), and the Sahaba performed Hajj. On the day of the Conquest of Mecca, the Prophet Muhammad and all Sahaba witnessed the false idols (Batil Mabudat). After the obligation of Hajj, when the Sahaba hesitated to perform the ritual circuits (Sai) between Safa and Marwa (associated with idols Asaf and Naila), the Quranic verse (2:158) was revealed: "Indeed, Safa and Marwa are among the symbols of Allah. So there is no blame on one who performs Hajj or Umrah to circulate between them."
Jurisprudential (Fiqh) texts state that participating in polytheists’ (Mushrikeen) festivals with reverence (Taziman) or endorsing their disbelief (Kufr) is Kufr. For example, Imam Tahawi writes in ‘Sharh Ma'ani al-Athar’: "A person attending polytheists’ festivals with reverence is guilty of Kufr." A person who joins Zoroastrians (Majusis) in Nowruz celebrations, intending to endorse their practices or honour the day (e.g., buying something new or consuming special food/drink), commits Kufr, even if gifting an egg. However, attending a Majusi’s invitation for their child’s haircut is permissible.
In Syrian cities, travellers stayed in non-Muslim places of worship (Ibadat Khanas), as is still common in South Indian cities. Hazrat Umar Farooq R.A mandated via treaty that non-Muslims (Dhimmis) must allow Muslim travellers to stay in their worship places. This is recorded in authoritative books like ‘Al-Tahtawi’. ‘Fatawa-e-Alamgiri’ permits Muslims to work for Zoroastrians (e.g., lighting their sacred fires) and accept wages, as mentioned in ‘Khulasa’.
Imam Muhammad states in ‘Nawadir Rihshat’: "Renting a house/tent for idol-making is disliked (Makruh), but the rent remains valid." Imam Hossam clarifies: If the artist (Asbagh) is the tenant, rent is permissible (as in ‘Zakheera’). But if the house is rented for idol-making, the rent is invalid (as per Sarajiya). A Muslim may labour to build a Dhimmī’s temple/church (Ibadatkhana/Kalisa), and his earnings are Halal, as per ‘Muhit’.
Sahih Bukhari mentions markets from the Age of Ignorance that continued into the Islamic era. Allama Ibn Hajar al-Asqalani writes in ‘Fathul Bari’: "There is no prohibition on acts of obedience replacing pre-Islamic sins." Hazrat Ibn Abbas states: "Uqaz, Majanna, and Dhul-Majaz were Jahiliyya markets. When Islam came, Muslims disliked trading there. Allah revealed: ‘There is no sin in trading during Hajj.’"
The Prophet Muhamad bought clothes in these markets, as per ‘Sahih Bukhari’. During the Conquest of Mecca, he declared: "Allah and His Messenger have forbidden trading in alcohol, dead animals, swine, and idols." Ibn Hajar al-Asqalani clarifies in ‘Fathul Bari’: "Idols (But) themselves are not Kufr. Selling idols is debated, but constructing idol-houses or lighting Zoroastrian fires is permissible." Declaring the viewing of Taziya (intentionally or not) as Kufr is undeniably against Sharia-e-Muhammadiyah.
9. Does the Land of the Holy Kaaba and Madinah-e-Munawwarah Lack Sanctity?
Denying the sanctity (Buzurgi) of the lands of the Holy Kaaba and Madinah-e-Munawwarah is not merely rejecting the grandeur of Makkah-e-Mukarramah and Madinah-e-Munawwarah but also rejecting the Quran and Hadith, belittling their significance, and opposing Allah and His Messenger Muhammad. The Quran and Hadith are replete with references to the sanctity of these two sacred places.
Allah, the Lord of Honour, declares in the Quran:
"And [mention] when We made the House (Kaaba) a place of return for the people and [a place of] security..." (2:125).
Further, the Quran states:
"By this secure city (Makkah)..." (95:3). Another verse says: "Our Lord! I have settled some of my descendants in an uncultivated valley near Your Sacred House..." (14:37).
Additionally, Allah states: "The first House [of worship] established for mankind was that at Makkah blessed and a guidance for the worlds. In it are clear signs [such as] the standing place of Abraham. And whoever enters it shall be safe. And [due] to Allah from the people is a pilgrimage to the House, for whoever is able to find there to a way. But whoever disbelieves, then indeed, Allah is free from the need of the worlds" (3:96-97).
The Prophet Muhammad said:
"O Makkah! You are the best of all cities and most beloved to me. Had my people not expelled me, I would never have settled elsewhere." In another Hadith, the Prophet Muhammad declared: "By Allah, O Makkah! You are the finest land of Allah. Had I not been forced to leave, I would never have departed from you."
These Hadiths, narrated in Mishkāt Sharīf, unequivocally establish the unparalleled sanctity of Makkah Mukarramah and Madinah-e-Munawwarah. The claimant’s argument, that "injustices occurred there", cannot justify denying the sanctity and honour of these lands. Even if hypothetical injustices are assumed, they do not negate the divine status granted to Makkah and Madinah by Allah and His Messenger Muhammad.
Note: Let me reiterate for clarity, the Islamic fatwas in this article are reproduced exactly as they were originally issued by Maulana Sahi, without any modifications or personal interpretations.
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A regular contributor to New Age Islam, Sahil Razvi is a research scholar specialising in Sufism and Islamic History. He is an alumnus of Jamia Millia Islamia.
URL: https://www.newageislam.com/books-documents/orthodoxy-tarikhi-fatawa-theological-jurisprudential/d/134758
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