We have always understood from the senior Ulama that when a woman in the state of haidh goes on a journey and becomes paak along the journey or at her destination then she should perform Salaat in full if the distance to her destination remains less than 77 km. However, I have just recently read a brand new fatwa claiming that there has come forward “new information” on the basis of which the generally accepted view is now rejected.
According to the new fatwa issued by Mufti Taqi of the Karachi Darul Uloom, and supported by Advocate Emran Vawda of Durban, the woman should perform Qasar Salaat on the journey or at her destination as soon as she becomes paak. Is this correct? Please comment in detail.
We have read Mufti Taqi’s fatwa as well as the article by Advocate Emran Vawda. What they have said is in reality old hat having no validity in relation to the more than a thousand-year Fatwa of the Jamhoor Hanafi Fuqaha. There is no “new information” on this mas’alah. This mas’alah is as old as Islam. Whatever has been mentioned in Mufti Taqi’s fatwa is old, decrepit information well-known to our illustrious Fuqaha who had set it aside. It is information not for practical implementation. The information is all old hat which is being presented as ‘new information’.
How is it possible for there to be ‘new information’ on such an old, antique issue of a female in haidh going on a journey? They have been going on journeys right from the time of the Sahaabah. Thus, this is not a new mas’alah. The one who claims ‘new information’ for changing the Fatwa of the Jamhoor, has miserably failed to apply his mind. The Fatwa of the Fuqaha which all our Akaabir Ulama have accepted and disseminated all these years is 100% correct.