Question Summary:
Impermissibility of Raqs.

Question Detail:

I have a really important question. There’s these people who I assume to be barelvis. And they are using the hadith where the prophet s.a.w covered hazrat aisha r.a so she could see the sword fighting happen to say that dancing is halal. The word رقص comes into this hadith and even the shafee mathhab uses this to permit a special kind of dance. Obviously with certain rules.
I understand that the barelvi people take this out of context and use this to show that through it you can get close to Allah. In order to convince the person that what they do is wrong I need to give them the reasoning for why we say its haraam. What’s our reason for this. What are the reasons for not agreeing to what the shafees say at least.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
As followers of the Hanafī mazhab, we are bound by its rulings that have been derived by our illustrious fuqahā’ from the Qur’ān, Hadīth and other sources of Sharī’ah. Having complete trust and reliance in them, we revere and follow their understanding of Sharī’ah. Further, we respect the opinions of other Mazahib and hold them in high esteem, although we may not agree with them.
The discussion as to why we do not agree with a certain Mazhab on a certain issue is an academic matter that is beyond the understanding of one who is not versed in the sciences of Sharī’ah. As followers of a Mazhab, we do not directly interpret Sharī’ah from the Qur’ān and Hadīth. The rulings in our Mazhab are based on solid grounds and are substantiated with Qur’ān and Hadīth. If a Hadīth seems to be in conflict with our Mazhab, it does not mean we do not practice on that Hadīth. Numerous other Ahādīth could be found, which will support our view.
According to the Hanafī Mazhab, Raqs (dancing or similar movements) is impermissible.[1]  If those who are perpetrating such an act follow the Hanafī mazhab, it is there duty to follow the ruling of the Hanafī mazhab. They may not take the ruling of the Shāf’ī mazhab in the matter. Your duty is to advise them in a calm and composed manner. There is no need to argue or reason with them regarding the basis of impermissibility and convince them in that way.
If they follow the Shāf’ī mazhab, then they are bound to follow the conditions of the issue according to the Shāf’ī mazhab. One cannot simply attribute an issue to a mazhab and claim legitimacy of the issue.
 
And Allah Ta’āla Knows Best
Nabeel Valli
Student Darul Iftaa
Lusaka, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net