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From Our Perspective
ummtaalib posted a topic in Madhabs & TaqleedFrom Our Perspective (part 1) In the recent past, due to several reasons, there has been a significant shift in the channel of Islamic information in our societies. In the past, our system of information was in line with the ancient methods; that is to acquire Islamic knowledge from heart to heart. This was done in madrasahs as well as via the mimbars of the masajid. Now that the world has become a global village, the channel of education has been broadened. Just as this brings some benefit, it also has its hazards. As a result, we have become beset with fitnahs of all kinds. One such trial is the scourge of salafism; a doctrine or ideology that deceitfully claims to uphold the teachings of the salaf, but in reality actually defames the very same thing!! A consequence of this is that people begin to question the legality of other madhahib. In our province, the overwhelming majority are Hanafis. Therefore the attack of these ill-informed individuals would be focused on the Hanafi Madhab. The purpose of this booklet; entitled: ‘From Our Perspective’ is to enlighten one and all about the authentic proofs that support the Hanafi standpoint on issues that these individuals raise objection to. The book is meant to be brief, and therefore most of the chapters have just one clear authentic proof. For more elaboration on such issues, the ‘Ulama can refer to the detailed Arabic works on this subject. Download the e-book – HERE
Who are The Blind Followers? Why is Taqlid necessary?
ummtaalib posted a topic in Madhabs & TaqleedWho are The Blind Followers? Why is Taqlid necessary? This is a book by Shaykh Abu Usamah from South Africa. It covers several major unfounded doubts in the minds of many concerning the issues of following a madhhab (School of Islamic Law). The book is in question and answer format which makes it easier to comprehend. A lot of the discussions have been adapted from “Atharul Hadith” of Shaykh Muhammad ‘Awwamah (may Allah protect him) which has been extremely successful in eradicating many contemporary misconceptions. Download the book – HERE darultahqiq
Taqlid of the Mujtahid Imams: Shaykh Kiranawi’s reply to Ibn al Qayyim The following work is an English translation of a treatise known as al-Din al-Qayyim by Shaykh Habib Ahmad al-Kiranawi of India, it was originally written in Arabic as a riposte to Ibn Qayyim al-Jawziyya (d. 751 AH) of Damascus, on the latter’s treatment and claims on the issue of Taqlid. Thus, it is esentially a scholarly defence of the need and permissibility of following qualified scholarship (Taqlid) of the highest ranking Imams known as Mujtahids, like Abu Hanifa (d. 150 AH), Malik ibn Anas (d. 179 AH), al-Shafi’i (d. 204 AH) and Ibn Hanbal (d. 241 AH). These Imams are the founders of the four most accepted schools of Islamic jurisprudence (Madhhabs) in Sunni Islam for more than 1200 years. Their schools represent the real understanding of the teachings of the earliest Muslims, meaning, the Way of the Sahaba, and what they received from the Companionship of Allah’s Messenger, sallallahu alaihi wa sallam. Till this day, most Muslim scholars and laiety on the surface of the earth are adherents of one of these four recognised Madhhabs. It is only a small minority who have distanced themselves from Taqlid via the centuries as the books of Islamic scholarship and history attest to for more than a millenium. The English edition was translated from Arabic by Shaykh Zameelur Rahman from England, and with his permission it has been uploaded here for the benefit of all readers who wish to understand the issue of Taqlid, and why it is necessary for most Muslims to practice Islam in their lives with the conviction that it is based on not only the sources of the Sharia, but explained and detailed accurately by premier authorities known as Mujtahid Imams. Download link darultahqiq
Randomly choosing from different Mazhabs
ummtaalib posted a topic in Madhabs & TaqleedRandomly choosing from different Mazhabs Q: Why do the Ulama say that we need to stick to one mazhab? Can't one apply one's personal understanding and reasoning in choosing the view of the mazhab which one regards correct? https://ecp.yusercontent.com/mail?url=http%3A%2F%2Fmuftionline.co.za%2Fb.jpg&t=1616258361&ymreqid=1e76d8aa-a6f0-66f7-1c61-720001014200&sig=n6Rtb33dZQNDKMxmLue8rg--~D A: In principle, we believe and accept that all four mazhabs are on Haq. Similarly, each mazhab has their proofs which are supported from the Qur'aan and Sunnah. However, hopping from one Mazhab to another is generally done for one of two reasons. Either one randomly chooses the ruling of another Mazhab for one's personal ease and benefit, or one chooses the ruling of another mazhab based on one's discretion and personal understanding. Randomly choosing from different Mazhabs for one's personal ease and benefit is incorrect as it leads to following one's desires. Following one's desires has been strongly condemned in the Qur'aan. Allah Ta'ala states: وَلَا تَتَّبِعِ الْهَوَى فَيُضِلَّكَ عَن سَبِيلِ اللَّهِ Do not follow your desires for that will cause you to go astray (Surah Sawd 38:26) On the other hand, if one chooses the ruling of another mazhab based on one's discretion and personal understanding, then this approach will also be incorrect. The reason for this approach being incorrect is that in order for one to be able to understand the full merit of the rulings of each Mazhab, one will need to possess knowledge equal to the knowledge of these Imaams. One will need to have extensive knowledge of the Qur'aan, Hadith and the various sciences of Deen as well as the ability of ijtihaad in order to be able to correctly compare the proofs of one Imaam against the other and thereafter choose which is more correct. Since this level of knowledge is no longer found, we understand that it is safest for one to remain committed to one Mazhab. Apart from this, all four mazhabs unanimously agree that it is not permissible for one to hop from one Mazhab to another, rather one should confine himself to following a single mazhab and thereafter remain committed to its teachings. In this manner, one will succeed in practising on the Qur'aan and Sunnah correctly. For further details refer to: http://ihyaauddeen.co.za/?p=226 http://ihyaauddeen.co.za/?p=289 And Allah Ta'ala (الله تعالى) knows best. اعلم بأن الواجب اتباع ما ترجيحه عن اهله قد علما قال الشامي : أي أن الواجب علي من أراد أن يعمل لنفسه أو يفتي غيره أن يتبع القول الذي رجحه علماء مذهبه فلا يجوز له العمل أو الإفتاء بالمرجوح الا في بعض المواضع كما سيأتي في النظم . وقد نقلوا الاجماع علي ذلك ففي الفتاوي الكبري للمحقق ابن حجر المكي الشافعي قال في زواءد الروضة : انه لا يجوز للمفتي والعالم ان يفتي أو يعمل بما شاء من القولين أو الوجهين من غير نظر وهذا لا خلاف فيه . وسبقه الي حكاية الاجماع فيهما ابن الصلاح والباجي من المالكية في المفتي . وكلام القرافي دال علي أن المجتهد والمقلد لا يحل لهما الحكم والإفتاء بغير الراجح لانه إتباع للهوي وهو حرام إجماعا وإن محله في المجتهد ما لم تتعارض الأدلة عنده ويعجز عن الترجيح وإن لمقلده حينئذ الحكم بأحد القولين إجماعا انتهي . وقال الإمام المحقق العلامة قاسم بن قطلوبغا في أول كتابه تصحيح القدوري إني رأيت من عمل في مذهب أئمتنا رضي الله عنهم بالتشهي حتى سمعت من لفظ بعض القضاة هل ثم حجر فقلت نعم إتباع الهوي حرام والمرجوح في مقابلة الراجح بمنزلة العدم والترجيح بغير مرجح في المتقابلات ممنوع . وقال في كتاب الأصول لليعمري من لم يطلع علي المشهور من الروايتين أو القولين فليس له التشهي والحكم بما شاء منهما من غير نظر في الترجيح . وقال الإمام أبو عمرو في آداب المفتي اعلم أن من يكتفي بأن يكون فتواه أو عمله موافقا لقول أو وجه في المسئلة ويعمل بما شاء من الأقوال والوجوه من غير نظر في الترجيح فقد جهل وخرق الإجماع . وحكي الباجي أنه وقعت له واقعة فأفتوا فيها بما يضره فلما سألهم قالوا ما علمنا انها لك وأفتوا بالرواية الأخري التي توافق قصده قال الباجي وهذا لا خلاف بين المسلمين ممن يعتد به في الإجماع أنه لا يجوز . قال في أصول الأقضية ولا فرق بين المفتي والحاكم إلا أن المفتي مخبر بالحكم والقاضي ملزم به إنتهي . ثم نقل بعده وأما الحكم والفتيا بما هو مرجوح فخلاف الإجماع وسيأتي ما إذا لم يوجد ترجيح لأحد القولين وقولي عن أهله أي أهل الترجيح إشارة إلي أنه لا يكتفي بترجيح أي عالم كان . فقد قال العلامة شمس الدين محمد بن سليمان الشهير بابن كمال باشا في بعض رسائله لا بد للمفتي المقلد أن يعلم حال من يفتي بقوله ولا نعني بذلك معرفته باسمه ونسبه ونسبته إلي بلد من البلاد إذ لا يسمن ذلك ولا يغني بل معرفته في الرواية ودرجته في الدراية وطبقته من طبقات الفقهاء ليكون علي بصيرة وافية في التمييز بين القائلين المتخالفين وقدرة كافية في الترجيح بين القولين المتعارضين . (شرح عقود رسم المفتي ص 16-21) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)
Do I Need To Follow a Madhab?
ummtaalib posted a topic in Madhabs & TaqleedDo I Need To Follow a Madhab? “Do I Need To Follow a Madhab?” – Clarification Of a Common Misconception Amongst Muslims – by Mufti Muhammad Sajaad Imam Jalal al-Din al-Suyuti (d. 911 AH) said: “The difference found in the four Schools of Islamic law (Hanafi, Shafi, Maliki and Hanbali) in this nation is a huge blessing and an enormous virtue. It has a subtle hidden wisdom the intelligent are able to grasp, but the ignorant are blind of. I have even heard some of them say: ‘The Prophet (pbuh) came with one law, so where did the four Madhabs come from?” (Jazeel al-Mawahib, p.4) Is Following One Of The Four Madhabs Necessary? A Self-Assessment 1. All the sacred verses and hadith are in Arabic. The four Imams were experts in the Arabic language and I am not 2. The four Imams lived in an age that was described by the Prophet (pbuh) as the most blessed of Islamic ages. He (pbuh) said: The best of my Umma are those of my generation, then the (generation) that follows them and then the (generation) that follows them (Sahih al-Bukhari). Obviously, I cannot claim to have this distinguished credential. 3. All four Imams were attested as being the most God-fearing and pious of people by thousands of leading Ulama 4. Thousands of scholars throughout Islamic history considered the opinions of the Imams to be the most superior and refined understanding of the Qur’an and Sunna. Not a fraction of these numbers have ever attested to my wisdom or scholarly credentials 5. The four Imams have an extraordinary track record. That is, the whole Umma embraced their opinions for over a thousand years. Throughout the Muslim world, Muslims followed one of the four schools [see last section]. My view(s) cannot claim this profound acceptability. The companion Ibn Masud said: That which the Muslims deem to be good, is good with Allah (Musnad Imam Ahmad). The odd opinions I may concoct do not have this solid recommendation 6. In so many matters of life I only feel at ease if I get an expert’s advice. I turn to doctors, mechanics, architects and many other specialists to tell me what to do. My religion is the most important thing to me, thus it makes sense to rely on the greatest intellects of the Umma to guide me 7. A school is the best way to protect the Deen from untrained individuals twisting it to suit ulterior motives and desires. I do not know of a better way to protect the Deen from distortion than this 8. Other schools were never meticulously codified and refined as were the opinions of the four Imams. Thus it is a red herring to say why only follow these four and not the madhab of say, Thawri or Tabari etc. 9. If Salafism was the way of this Umma throughout its history, why would Sunni scholars continuously condemn it as a dangerous deviation? For example, the great scholar Ibn Rajab (d. 795 AH) wrote a book against them called: Refutation Of Those Who Follow Other Than The Four Schools (Ar-radd `ala man ittaba ghayr al-madhahib al-arba`a). The Dangers Of Abandoning The Four Schools We all love to be given a choice. Having a range of hats or shirts to choose from is a luxury. But it would be suicide if we brought this mentality of the marketplace into our religion. When a person says it is not obligatory for the Muslim to follow one of the established schools that is what he is doing. People are then free to shop for whatever opinion takes their fancy! This is termed making your desires into religion and it is forbidden by this verse: Have you seen the one who takes his desires as his god (45:23). If the millions and billions of Muslims were supposed to apply their minds to the verses and hadith, chaos would only result. Without the scholarly expertise (or a high level of fear of Allah ta`ala) they would make horrendous mistakes. One of the legacies of the four Imams was their accurate use of analogy. That is deducting new rulings where nothing is clearly mentioned. These master scholars expended their intellects on precisely discovering the basic reason behind a ruling (`illa). If that reason is found elsewhere, they concluded, the same ruling would apply. And likewise if it is absent in another context then the ruling does not apply. For instance, many of the intoxicants and drugs that exist today were not mentioned in revelation. Nevertheless, the Islamic jurists explained, because the basic reason behind the forbidding of alcohol was intoxication, logically these other substances must also be considered forbidden by Allah Almighty. But the Salafi/“ahle-Hadith” campaign to get rid of the schools and their rules, would have individuals (and we are witnessing it happening more and more frequently today) turning to the verses and hadith and arguing,-for example- “I think the reason why ablution (wudhu) was made necessary before prayers was due to the extreme heat people lived in back in those days. In our age we have air conditioners, deodorants etc. Thus since the original reason does not exist anymore, wudhu is no longer necessary” (!) Take another example: “The reason Islam forbade having boyfriends and girlfriends was because of the danger of children being born without there being anything to bind the father to take responsibility. Today, effective contraception is easily available and DNA testing ensures no father can deny his child, thus this fear is now fully taken care of. So Muslims should also embrace the culture of men and women freely mixing and dating.” If the regulation provided by the four schools is thrown away, how do you stop the many individuals that form part of the Umma, who are weak of iman and taqwa, from turning Islam into a carnival of desires? This horror story is the ultimate end of the simplistic call of Salafism. It is this same call that has tragically even led to individuals perpetrating mass-murder on the streets of many cities in the name of Islam! Rather, it is nothing but a subversion and mockery of Islam. The far-sighted scholars of the Ahl al-Sunna long ago understood how valuable these four schools were in safeguarding the Deen of Allah Almighty. So they issued a fatwa that it was necessary for every Muslim to learn and adhere to one of the four schools. The Verdict Of The Ulama Of The Muslim World  The famous Imam al-Haramayn Abu al-Ma‘āli Abd al-Malik bin Yusuf al-Juwayni (419-478 AH) writes in his book Al-Burhan:“The expert scholars have agreed that the masses are obligated (‘alayhim) with following the schools of the (four) Imams who thoroughly investigated and researched, who compiled the chapters (of Fiqh) and mentioned the circumstances of the rulings.” (vol. 2, P. 1146)  Shaikh al-Islam Ahmad Ibn Hajr al-Haytami writes in Tuhfa al-Muhtaj fi Sharh al- Minhaj:“The claim the layman has no madh-hab is rejected, rather it is necessary (yalzamuhu) for him to do taqlīd of a recognised school. (As for the claim: scholars did not obligate following one school), that was before the codification of the schools and their establishment.” (Vol.12 p.491-Kitab al-Zakah)  Imam al-Nawawi writes in Al-Majmu‘ Sharh Al-Muhadhdhab:“The second view is it is obligatory (yalzamuhu) for him to follow one particular school, and that was the definitive position according to Imam Abul-Hassan (the father of Imam al-Haramayn Al-Juwayni). And this applies to everyone who has not reached the rank of ijtihād of the jurists and scholars of other disciplines. The reasoning for this ruling is that if it was permitted to follow any school one wished it would lead to hand-picking the dispensations of the schools, following one’s desires. He would be choosing between Halal and Haram, and obligatory and permissible. Ultimately that would lead to relinquishing oneself from the burden of responsibility. This is not the same as during the first generations, for the schools that were sufficient in terms of their rulings for newer issues, were neither codified nor widespread. Thus on this basis it is obligatory for a person to strive in choosing a madh-hab which alone he follows.” (vol.1 p. 93)  Shaikh Salih al-Sunusi writes in Fath al-‘Alee al-Malik fil-Fatwa ‘ala madh-hab al-Imam Malik:“As for the scholar who has not reached the level of ijtihād and the non-scholar, they must do taqlīd of the Mujtahid… And the most correct view is that it is obligatory (wajib) to adhere to a particular school from the four schools…” (p.40-41, in Usul al-Fiqh)  Imam Sharani, an undisputed authority in the Shafi school writes in Al-Mizan al-Kubra:“…You (O student) have no excuse left for not doing taqlīd of any madh-hab you wish from the schools of the four Imams, for they are all paths to Heaven…” (p.55 vol.1)  Imām Shams al-Din Dhahabī (673-748 AH) writes in Siyar A‘lam al-Nubalā under Ibn Hazm Zāhirī’s comment:“I follow the truth and perform ijtihād, and I do not adhere to any madh-hab”, “I say: yes. Whoever has reached the level of ijtihād and a number of imāms have attested to this regarding him, it is not allowed for him to do taqlīd, just as it is not seeming at all for the beginner layman jurist who has committed the Qur’ān to memory or a great deal of it to perform ijtihād. How is he going to perform ijtihād? What will he say? On what will he base his opinions? How can he fly when his wings have not yet grown?” (Vol.18, Pg.191)  In the famous twelve volume Maliki compendium of fatāwā, Al-Mi‘yar al-Mu‘rib an fatāwā ahl al-Ifriqiyya wa al-Andalus wa al-Maghrib, Imam Ahmad al-Wanshirisi records the Fatwa on taqlīd: “It is not permitted (lā yajoozu) for the follower of a scholar to choose the most pleasing to him of the schools and one that agrees the most with him. It is his duty to do taqlīd of the Imam whose school he believes to be right in comparison to the other schools.” (vol.11 p.163-164)  The Hanbali scholar Imam ‘Ala al-Din al-Mardawi in his major Juristic compendium Al-Insaf, cites the statement of the famous scholar Imam Al-Wazir ibn Hubaira (died 560 ah):“Consensus has been established upon taqlīd of every one of the Four Schools and that the truth does not lie outside of them.” (Vol.11 p.169, Dar al-Kutub al-‘Ilmiyyah).  Imam Badr al-Din al-Zarkashi states in Al-Bahr al-Muhit,“There has been established a consensus amongst the Muslims that the truth is restricted to these (four) schools. This being the case it is not permitted to act upon an opinion from other than them. Nor is it permitted for ijtihād to occur except within them (i.e. employing their principles that is the tools of interpretation).” (vol.6 p.209)  In the commentary of the Shafi text Jam‘ al-Jawami‘, Imam Al-Jalāl Shams al-Din al-Mahalli writes:“And the soundest position (wal-Asahh) is that it is obligatory (yajibu) for the non-scholar/layman and other than him of those (scholars) who have not reached the rank of ijtihād, adherence of one particular school from the madh-habs of the Mujtahid Imams (iltizam madh-hab Muayyan min madāhib al-Mujtahideen) that he believes to be preferable to another school or equal to it.” (Kitab al-ijtihād, p.93)  Imam Rajab al-Hanbali writes in his book: “Refutation of anyone who follows other than the four schools” [A title that emphatically exposes the deception of the Salafi claim that it is they who represent true Islam]:“…that is the Mujtahid, assuming his existence, his duty (Farduhu) is to follow what becomes apparent to him of the Truth. As for the non-Mujtahid his duty is taqlīd.” Elsewhere having indicated in the latter the rarity of the lofty status of ijtihād, he states: “As for all other people who have not reached this level (of ijtihād), it is not allowed (lā yasau‘hu) for them but to do taqlīd of these Four Imams and to submit to that which the rest of the Ummah submitted to.” (Majmoo‘ al-Rasail Ibn Rajab, vol.2 p. 626 and p.624 respectively).  In the famous commentary of the treatise of Imam Ibn Abi Zayd al-Qayrawani Al-Risalah, entitled “Al-Fawākih al-Dawāni,” Imam Ahmad al-Nafrawi (died 1126 ah) also confirms the Ijma of all the scholars that following one Imam is obligatory: “The consensus of the Muslims has been established upon the obligation (Wujub) of following one of the four Imams today; Abu Ḥanīfa, Malik, Shafi and Ahmad- May Allah be pleased with them… What we explained before, in terms of the obligation of following one of the four Imams, is in relation to those who do not possess the capability of performing ijtihād.” (vol.2 p.574, Bab Fi al-Ruyah wa al-Tathāub, 1997). Download a pdf copy – link Source Read online: