A Glance at Durr-e-Mukhtar

This write-up is extracted from the book Tuhfa Hanafiyyah authored by Maulana Abu Sohaib Dawood Arshad (Hafizahullah). The book is a well-researched response to Tuhfa Ahl-e-Hadith, a work written by the Deobandi scholar Abu Bilal Jhangvi.

❖ Overview of Durr-e-Mukhtar​

The author, Jhangvi Sahib, has praised Durr-e-Mukhtar, stating it to be a work composed in Madinah. He further claims that the Ahl-e-Hadith, by denying it, are in fact denying the sanctity of Madinah itself. Under the principle of “No credit without critique,” we now proceed to highlight certain obscene and questionable rulings found within Durr-e-Mukhtar:

➊ Ruling on Bestiality and Purification​

(ولا عند وطى بهيمة)
It is stated that engaging in bestiality (sexual acts with animals) does not necessitate Ghusl (ritual bath) or even invalidate Wudu (ablution) unless ejaculation occurs.
Referenced: Durr-e-Mukhtar with Hashiyah Ibn 'Abidin, vol. 1, p. 166

Scholars like Ibn Nujaym assert that although this view contradicts Sunnah and Ijma' (consensus), the position of the Hanafi scholars remains that Ghusl is only required when there is ejaculation.

Referenced: Al-Bahr al-Ra’iq, vol. 1, p. 59
Mufti Qutbuddin and Sharh Minyah support the same stance.

➋ Purity of Dog Skin​

(وأفاد كلامه طهارة جلد كلب وقيل وهو المعتمد)
The skin of dogs (and elephants) is declared pure. Ibn Abidin further adds that this is because the dog is not inherently impure.
Referenced: Radd al-Muhtar, vol. 1, p. 204

This implies permissibility in using dog skin for making coats, hats, dining mats, book covers, or even prayer mats.

➌ Precedence in Leadership Based on Spousal Beauty​

(ثم الاحسن زوجة)
Among equally qualified candidates, priority in Imamat (leadership in prayer) is given to the one whose wife is more beautiful. If all conditions are equal, the one with a larger head and smaller private organ is preferred.
Referenced: Durr-e-Mukhtar with Radd al-Muhtar, vol. 1, p. 558

Such criteria raise significant concerns regarding the dignity and decorum of religious leadership.

➍ Permissibility of Masturbation to Avoid Zina​

(ولوخاف الزنى يرجى ان لاوبال عليه)
If one fears falling into fornication, then masturbation is not blameworthy. Ibn Abidin comments that if it ensures prevention of zina, it even becomes obligatory.
Referenced: Durr-e-Mukhtar with Radd al-Muhtar, vol. 2, p. 399

This is presented as a ‘remedy’ for the youth.

➎ Sexual Contact During Fasting​

(او جامع فيما دون الفرج ولم ينزل)
Engaging in sexual acts during fasting, excluding penetration, does not invalidate the fast provided there is no ejaculation.
Referenced: Durr-e-Mukhtar, vol. 2, p. 398

➏ Bestiality and Necrophilia While Fasting​

(اوادخل ذكره في بهيمة او ميته)
If one performs an indecent act with an animal or a dead body during fasting and does not ejaculate, the fast remains valid.
Referenced: Durr-e-Mukhtar, vol. 2, p. 399

Mufti Qutbuddin also echoes this view.
Referenced: Mazahir Haqq, vol. 2, p. 158

➐ Permissibility of Abortion Before Four Months​

(يباح اسقاط الولد قبل اربعة شهر)
Abortion before 120 days (four months) is considered permissible.
Referenced: Durr-e-Mukhtar

➑ Iddah (Waiting Period) for Men​

(و مواضع تربصة عشرون)
In twenty scenarios, even men are required to observe 'iddah, akin to women.
Referenced: Durr-e-Mukhtar with Shami, vol. 3, p. 503

➒ No Hudood for Zina in Enemy Lands​

(اوزني في دار الحرب او البغى)
If fornication occurs in the land of disbelievers or rebels, Hadd punishment does not apply.
Referenced: Durr-e-Mukhtar with Radd al-Muhtar, vol. 4, p. 28

➓ No Punishment for Zina by Non-Mature Males​

(ولا حد بالزنا غير مكلف بمكلفة مطلقا)
If a non-mature male commits zina with a mature woman, no legal punishment (hadd) is applicable to either party.
Referenced: Durr-e-Mukhtar with Radd al-Muhtar, vol. 4, p. 29

❖ Final Note​

These ten rulings are directly referenced from Durr-e-Mukhtar. If Jhangvi Sahib truly upholds them, let him recite these in his Friday sermons, openly declaring them as essential Hanafi positions. Yet we assert with conviction that he would prefer death over publicly endorsing these. This reflects that Durr-e-Mukhtar, though written in Madinah, has done disservice to Islam by distorting its noble teachings.