THE BID'AH THAT IS MANDUB
This refutes al-Fakihani's statement that the Milad Shareef cannot also be Mubah. But on the contrary it is a Bid'ah that is Makruh.This is because the Meelad Shareef is of that category of new matters which involve no inconsistency with anything in the Quran or the Sunnah, or with any Athar or Ijma'. Thus, this is not blameworthy (i.e. from the point of view of the Shari'ah, there is no evil in it), as in the statement of Imam al-Shafi'i (radi Allahu anhu) and it is a good action which, even though (in its present form) was not done in the first age, was brought about afterwards. 

The invitation to partake of food and drink in which there is no sin, is an act of goodness for sure. Therefore, in connection with the Meelad Shareef, that assembly in which someone, out of his lawfully earned wealth, invites his family, relatives and friends to partake of food and drink in which there is no action against the Shari'ah – that assembly is a Bid'ah (innovation) that is Mandub (commendable), as is clear from the above quoted statements of Shaikh Izzuddin Ibn Abd al-Salam (radi Allahu anhu).

HARAAM AND MAKRUH THINGS
In connection with the second manner al-Fakihani has described and criticised, his criticism is in itself correct. There is no doubt that the assembly (mahfil) is Haraam where men, women, youths and little boys are freely mixed, and which there is dancing and music, with musical instruments in busy use, or where women assemble separately and sing in raised voices. But this does not mean that to arrange for the Meelad Shareef has been deemed Haraam. On the contrary, in the above instances the reason for their being Haraam is not assembling to celebrate the Meelad Shareef but is due to those things which are Haraam in the Shari'ah and have become mixed with the blessed assembly. (And if these things are not indulged in, then the Meelad Shareef would be as assembly for remembering Muhammad Mustafa - sallal laahu alaihi wasallam - and would thus be full of goodness and blessings).

Furthermore, if these kinds of actions were to take place say, in the assembly for Salatul-Jumu'ah, then it is evident that would be a reprehensible step and an evil matter.However from this the criticism of the original assembly for Salatul-Jumu'ah does not necessarily ensue. It has been seen that some of these kinds of actions also take place on the nights of Ramadaan Shareef, when people assemble for Salatut-Tarawih. Now on the basis of those actions can one conceivably criticise assembling for Salatut-Tarawih? Definitely not! However, we will say that the original assembly for Salatut-Tarawih is Sunnah and an act of virtue and Ibadah, but that those above mentioned actions, which have become mixed with it, are evil and repulsive. 

Similarly, we say in connection with the celebration of the Meelad Shareef that the assembly is itself Mandub (commendable) and an act of virtue, but the above mentioned kinds of other actions, which have become mixed with it, are blameworthy and unlawful.

REFUTATION OF THE FINAL OBJECTION
In conclusion, al-Fakihani stated that Rabi-ul-Awwal is the month not only of the birth of the Noble Prophet (sallal laahu alaihi wasallam), but also of his demise. Therefore, instead of grief and sorrow, exhibiting joy and happiness is neither better nor suitable. In reply to this, first of all we submit that the birth of the Noble Prophet (sallal laahu alaihi wasallam) is the greatest favour of Allah granted to us, and that his death is the greatest affliction for us. However, the Shari'ah has encouraged us to show our gratitude for favours has taught us to observe patient, perseverance, silence and calm in the face of afflictions. The Shari'ah has ordered us to offer the Aqiqah on the birth of a child, which is an expression of gratitude and happiness on the birth of that child. But the Shari'ah has not ordered us to sacrifice any animal on the death of someone, nor to do any such action. On the contrary, it has prohibited wailing and lamentation.Thus the laws of the Shari'ah indicate that to exhibit happiness in this holy month in connection with the birth of the Noble Prophet (sallal laahu alaihi wasallam), is better than showing grief at his demise.

Ibn Rajab (radi Allahu anhu) in his "Kitab al-Lata'if" wrote criticising the Rawafid (A Shia sect) that because of the martyrdom of Imam Husain (radi Allahu anhu) they have made Ashura (the 10th of Muharram) a day of mourning, whereas Allah and His Messenger (sallal laahu alaihi wasallam), have prohibited taking the days of affliction on the Prophets and the days of their deaths (alaihimus-salaam) as days of mourning. What then is the justification for taking days of mourning for those who are not prophets?

STAND-POINT OF IBN AL-HAJ
Imam Abu Abdullah Ibn al-Haj (radi Allahu anhu) has discussed the subject of the Milad Shareef with great maturity and insight in his book "al-Madkhal". To sum up his discussion, he has praised celebrating the Milad Shareef with joy and happiness and exhibiting gratitude to Allah, therefor. And he has criticised those Haraam and prohibited things which have been included in it. Here, I quote his discussion section–wise.

SOMETHING ABOUT THE MEELAD
"From among those innovations which those people have brought about, thinking that thereby they are engaging in a great act of Ibadah and participating in religious ceremonies (to celebrate the remembrance of some great event) is this that in the month of Rabi-ul-Awwal they celebrate the Meelad, which celebration is constituted of many innovations and unlawful things. Among these are the participants sing songs and Ghazals while at the same time using musical instruments – drums, flutes, fiddles, etc. – and in this connection do many other evil actions which are customarily done mainly at those times which Allah Ta'ala has endowed with excellence and greatness (e.g. Eid and other occasions) and which are innovations wholly and totally, and are prohibited. There is no doubt that this kind of Sama, if it takes place on other nights apart from this, even then it would not be permissible. What then is the justification for holding such a Sama in this holy month, which Allah Almighty the Most Excellent has endowed with excellence and blessings in that His Beloved was born therein – such a Sama in which musical instruments are used? What relation can such a Sama have to this holy and blessed month, in which Allah (Exalted is His Majesty) granted us the great Ihsan of the auspicious birth of the Noble Prophet, the leader of those who are first and those who are last, (sallal laahu alaihi wasallam)?

"Therefore, it is Wajib that special gratitude to Allah Ta'ala should be expressed in this month and as much Ibadah and charity should be done as is possible, since He has bestowed on us this very great favour (that He caused the birth therein) of His beloved (servant) (sallal laahu alaihi wasallam). Even though the Noble Prophet (sallal laahu alaihi wasallam) did not engage in more Ibadah in this month as compared with other months (nor did he command us to do so), yet in reality, this was due to his mercy and kindness to his Ummah, and also to create ease and mildness for them. This is why at times the Noble Prophet would leave off doing an action, lest it should become compulsory on his Ummah.This is the result of his mercy on us".

MERITS OF THE DAY OF THE MEELAD AND OF THE NOBLE PROPHET 
(SALLAL LAAHU ALAIHI WASALLAM)
"Nevertheless, the Noble Prophet has indicated the excellence of this great month in reply to a questioner. When he questioner wanted to find out about fasting on Mondays, the Noble Prophet (sallal laahu alaihi wasallam) replied: 'That is the day on which I was born'. (al-Hadith)

"Since the excellence of this day (i.e. Monday) implies the excellence of this month (i.e. Rabi-ul-Awwal) in which the Noble Prophet graced this world, then it is our duty to give this month its due respect and sanctity, and we should understand it to be very excellent just as Allah Ta'ala has deemed other blessed months to be very excellent. In this connection the Noble Prophet is reported to have said: 'I am the leader of the children of Adam and there is no pride (in this)'. 'Adam and all other (Prophets alaihimus-salaam) will be under my flag (on the Day of Judgement)'.

"The merits and excellence of times and places are a result of those forms of Ibadah which are carried out therein, and by which Allah Ta'ala has specially favoured them. When it is known that times and places do not in themselves contain any honour and greatness accrues on account of those characteristics and distinctions (with which they have been granted exaltation), then reflect on this greatest favour of Allah Ta'ala, with which He has distinguished and ear-marked this blessed month, Rabi-ul-Awwal Shareef and the day, Monday. Do you not see that fasting on Mondays has great merit because the Noble Prophet (sallal laahu alaihi wasallam) was born on a Monday? 

"For this reason it is of the utmost appropriateness (and it behoves us to do so) that when this holy month comes, it should be treated with the exaltation, honour, esteem and respect it deserves. The example of the Noble Prophet (sallal laahu alaihi wasallam) should be followed in that in times endowed with special distinction, he himself used to perform the maximum possible acts of virtue and of charity, and he used to make special arrangements thereof. Have you not seen the following statement of Hazrat Ibn Abbas? 'The Messenger of Allah was the most generous of men and his generosity was the utmost in Ramadan'".