7
Oct
2010
Salah of the Women
7th October 2010
Women's Prayer: Why is it different? From: THE SALAH OF WOMEN published by Madrasah Arabiyyah Islamiyah (Aazadville) Incorrect Statements Sheikh Albani says in his book 'The Prophet's Prayer': All that has been mentioned of the description of the Prophet's prayer (sallallaahu 'alaihi wasallam) applies equally to men and women, for there is nothing in the Sunnah to necessitate the exception of women from any of these descriptions; in fact, the generality of his statement (sallallaahu 'alaihi wasallam), "Pray as you have seen me praying", includes women. This is the view of Ibraaheem an-Nakh'i, who said, "A woman's actions in the prayer are the same as a man's" - transmitted by Ibn AbiShaibah(1/75/2), with a saheeh sanad from him. Also, Bukhaari reported in at-Taareekh as-Sagheer (p.95) with a saheeh sanad from Umm ad-Dardaa', "that she used to sit in her prayer just as a man sits, and she was a woman of understanding. " The hadeeth about the indimaam (tucking up) of a woman in prostration, and that she is in that regard not like a man, is mursal and not authentic. Abu Daawood transmitted it in al-Maraaseel on the authority of Yazeed ibn Abi Habeeb. As for what Imaam Ahmad has reported, as in his son 'Abdullaah's Masaa'il, from Ibn 'Umar, that he used to instruct his wives to sit cross-legged in prayer, its sanad is not authentic, for it contains 'Abdullaah ibn 'Umar al-'Amri, who is a da'eef (weak) narrator.
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Sorry sir, But there is a Difference. You are trying to say that the Imams had less knowledge even though they were Tabi'een and Tabe Tabi'een. Did the Hadith come after The Imams or were the Hadith present before they came into this world. So what if they werent in a book form. They were Hafiz of Hadith & Quran. All the Imams of Hadith followed a school of thought, why? To be a Muhaddith, you need to know Hadith by Heart with the Chains of Narration. A Muhaddith is NOT a Faqih. But a Faqih IS a guaranteed Muhaddith. The Imams of the Sahih Hadith were not Faqih's, They were Muhaddith Response to this: Evidence does exist As for those who claim there is no difference in the salah of males and females, they have absolutely no evidence – neither from the Qur'aan nor the Ahaadith. However, if they use the practice of Umm ud-Dardaa, their proof is unsubstantiated for several reasons. Ibn Abi Shaybah narrates: "Makhul reports that Umm ud-Dardaa used to sit like males in salaah. " (al-Musannafli-Ibn Abi Shaybah: vol. 1 p 270) (Imam Bukhari has also quoted this statement. However, he has not mentioned any chain of narrators for it. It is for this reason I have quoted the work of Ibn Abi Shaybah) It is incorrect to use this athar for the following reasons: 1. Hafizh Jamaal ud-Din Yusuf al-Mizzi has mentioned her among the Taabi'in. (Tahzheeb al-Kamaal fi-Asmaa ir-Rijaal: vol.22 p 464).The practice of a lone tabi'i is incorrect to adopt even if it may not be contrary to the principles. Hafiz Ibn Hajar Asqalaani states in Fath ul-Baari: "The practice of a lone Tabi'i, even though it may not contradict any principle, will not be used as proof. " (Fath ul-Baari: vol. 2 p 243) Hafizh Ibn Hajar has only counted her among the Taabi'in. He says: "It can be realised from the narration of Makhul that that narration refers to the younder Umm ud-Dardaa, the Tabi'iyyah, not the elder sahabiyyah because Makhulmet the former not the latter. " (Ibid) 2. Even if it accepted that she was a Sahabiyyah, then the narration becomes munqati' and will not be acceptable according to the principles of the Muhaddithin. It will also be regarded as her opinion. She did not encourage anyone else to follow her practice . Neither did she present any action or statement of Rasulullah nor the fatwa of any Khalifah. Accordingly, with regard to the salah of women, the position of this opinion in the face of the practically adopted method of the ummah (tawaatur) is like the position of shaazqira'a has opposed to mutawaatir qira'ah. It is very clear that no muslim leaves the mutawaatir qira'ah for the shaazqira'ah. 3. Furthermore, if one examines the words of this narration carefully, it supports the view of the majority. The sitting posture of Umm ud-Dardaa has been compared to the posture of males in this narration which infers that the posture of the other Sahaabiyyaat was different as mentioned previously. 4. Imam Abu Ja'far at-Tahaawi rahimahullah has narrated the following hadith: "Ibrahim Abi Abalah reports that he saw Umm ud-Dardaa performing salaah cross-legged" (Tuhfat al-Akhyaarbi-Tarteebi SharhMushkil al-Aathaar li-Abi Ja'farat-Tahaawi: vol. 2 p 338, and Hafizh Mizzi has narrated this atharin Tahzheeb al-Kamaal: vol. 22 p 468) This narration contradicts the one mentioned by Ibn Abi Shaybah rahimahullah. It will accordingly not remain worthy of substantiating any Shar'i law. .. . in another narration of Musannaf Ibn Abi Shaybah (vol. 1 p270), one finds the following words: Ibrahim said: "A woman should sit in salah as a man does. " This quotation indicates permissibility. However, Naasir ud-Din al-Albaani has interpolated the words of this narration thus: "A woman should so as a man does in salah. " (Sifatu Salatin-Nabiy p 207) This interpolation has clearly changed the meaning of the words and is a misleading act. (Taken from THE SALAH OF WOMEN published by Madrasah Arabiyyah Islamiyah Aazadville) Chapter 4 – Proofs from Prophetic Hadiths Imam Bayhaqi has mentioned a principle which is the basis of the differences found in the salah of males and females. He says: "The separating factor between the laws of salah of males and females is that of concealment . A woman is commanded to do all those actions which are more concealing for her. " (as-Sunan al-Kubra alil-Bayhaqi: vol. 2 p 222) RAISING THE HANDS Hafidh Nur ud-Din Haythami states: Wa'il ibn Hujr states that Rasulullah said to him, "O Ibn Hujr, when you perform salah, raise your hands till your ears while a woman should raise her hands till her chest . " (Majma' uz-Zawaa'id: vol. 2 p 103, and I'laa us-Sunan: vol. 2 p 156) Imam Abu Bakr Ibn Abi Shaybah narrates: "Abd Rabbih Ibn Zaytun said that he saw Umm ud-Dardaa raising her hands parallel to her shoulders when beginning salah. " (al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 239) Ibn Abi Shaybah has also narrated: "`Ataa was asked how a woman should raise her hands in salah. He replied that she should raise them till her breast " (Ibid) Based at Makkah, Ataa [the great Follower (tabi`i) and imam] used to issue this fatwa. Ibn Abi Shaybah narrates: "Hammad ibn Salamah al-Basri used to say that a woman should raise her hands parallel to her breast when beginning salah. " (Ibid) Hammad was based at Kufa and he used to issue this fatwa. The narration of Ibn Jurayj has been mentioned as follows: Ibn Jurayj said, "I asked Ataa whether a woman should gesture with her hands like a male when making takbir. Ataa replied that she should not raise her hands like a male. Then he practically indicated with his hands how it should be done by lowering his hands and drawing them very close to his body. Then he said, "In the raising of the hands, a woman is unlike a man . And if she leaves that, there is no harm. "" The Muslim Ummah continued this practice over the centuries. Imam Zuhri used to issue the same fatwa in Madinah. PLACING THE HANDS Allamah Abdul-Hayy Luckhnawi writes: "As for women, the jurists are unanimous that it is sunnah for them to place their hands on their bosoms. " (as-Si'aayah: vol. 2 p 152) There is ijmaa' on this mas'alah. SAJDAH Imam Abu Dawud has narrated the following hadith in his Maraaseel: "Yazid ibn Abi Habib states that Rasulullah passed by two women who were performing their salah. He said to them, "When you prostrate, then make the parts of your body touch the ground because a woman is unlike a man in these aspects. " (Maraaseel Abi Dawud p 118; and its like in as-Sunan al-Kubra alil- Bayhaqi: vol. 2 p 223) Imam Bayhaqi narrates the following hadith: Abdullah Ibn Umar reports that Rasulullah said, "When a woman sits during salah, she should place her one thigh over the other and when she prostrates, she must attach the stomach to her thighs so that is more concealing for her. Indeed, Allah looks at her and tells the angels, "O My angels! Bear witness hat I have forgiven her. "" (as-Sunan al-Kubra alil-Bayhaqi: vol. 2 p 223) Imam Abu Bakr Ibn Abi Shaybah narrates the following statement of Ali: "It is reported that Ali said: "When a woman performs salah, she must practise ihtifaaz and keep her thighs close together. "" (al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 270, and it has been taken many ways, Abdur-Razzaq has taken it from Isra'il from Abu Is'haq from Harith from Ali and Ibn Abi Shaybah took it from Abul-Ahwas from Abu Is'haq and Bayhaqi took it from Abul-Ahwas, with the mentioned sanad) Imam Abdur-Razzaq has quoted the following hadith in his Musannaf: Ali says, "When a woman prostrates, she must practise ihtifaz and keep her thighs close to her stomach. " (al-Musannaf li-Abdir-Razzaq: vol. 3 p 138) "Ihtifaaz": to lean on one side and rest on the posterior. (See Lugaat al-Hadith: vol. 1 p 98) The following narration has been quoted by Bayhaqi: "Ali said: " When a woman performs sajdah she must keep her thighs close together. "" (as-Sunan al-Kubra alil-Bayhaqi: vol. 2 p 222) The following narration appears in Kanz ul-Ummal: "Ibn Umar states that when a woman prostrates, she must let her stomach touch her thighs in order to make herself completely concealed. " (Kanz ul-Ummal: vol. 4 p 117) Imam Ibn Abi Shaybah narrates: "Ibrahim says that when a woman prostrates she should join her thighs to her stomach without raising her posterior and without stretching her limbs out like a male. " (al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 270) The following words have been narrated by Ibrahim Nakha'i: "Ibrahim said that when a woman prostrates she must draw her thighs inwards and place her stomach on them. " (Ibid) Mujaahid: "Muhaahid used to dislike that a man attach his stomach to his thighs as a woman does. " (Ibid) Hasan al-Basri: "Hishaam reports from Hasan who says that woman should draw herself closely together in sajdah. " (Ibid) Imam Abdur-Razzaq narrates: Ibrahim says, "A woman used to be commanded to place her arm and her stomach on her thigh when she goes into sajdah and not to spread her limbs out as a male does so that her buttocks are not raised. " (al-Musannaf li-Abdir-Razzaq: vol. 3 p 138) Allamah Muhammad Taahir al-Gujaraati narrates: "When a lady performs salah, she must contract herself when she sits down and when she goes into sajdah and she must not spread her limbs out. " (Majma' Bihar l-Anwaar: vol. 1 p 521) Based on these narrations, the Fuqahaa have issued the following ruling: "A woman should contract herself in sajdah and join her stomach to her thighs because this is more concealing for her. " (al-Hidaayah: vol. 1 p 53) THE SITTING POSITION It is mentioned in the Musnad of Imam Abu Hanifah rahimahullah: "Abdullah ibn Umar was asked how women performed their salah during the era of Rasulullah. He replied that initially they performed tarabbu'. Then they were ordered to themselves close together and lean onto one side by resting on their left buttocks and completely contracting themselves. " (Jaami' ul-Masaaneed: vol. 1 p 400) Taraabu' is to sit cross legged. This narration indicates that initially the women sat in the position of tarabbu' but this command was later abrogated and they were ordered to draw themselves close together and lean onto one side by resting on their left buttocks and completely contracting themselves. Sheikh Abu’l-Wafaa Afghaani writes: "This is the most authentic narration of this chapter i.e. the sitting position of women . It is for this reason that Imam Abu Hanifah has made it the basis of his madh'hab. " (Ta'leeqash-Sheikh Abul-Wafaa Afghaani ala Kitab il-Aathaar lil-Imam Muhammad ash-Shaybaani: vol. 1 p 208) Abu Bakr Ibn Abi Shaybah narrates: When Ibn Abbas was asked about the salaah of a woman, he replied, "She must draw herself close together and lean onto one side by resting on her left buttock. " (al-Musannaf li-Ibn Abi Shaybah: vol. 1 p270) in another narration of Musannaf Ibn Abi Shaybah (vol . 1 p270), one finds the following words: (Arabic text) Translation: Ibrahim said: "A woman should sit in salah as a man does. " This quotation indicates permissibility. However, Naasir ud-Din al-Albaani has interpolated the words of this narration thus: "A woman should so as a man does in salah. " (Sifatu Salatin-Nabiy p 207) This interpolation has clearly changed the meaning of the words and is a misleading act. The following narration is also quoted by Ibn Abi Shaybah: Khalid ibn Lajlaaj said that women were commanded with tarabbu' when they sat in salah and they should not sit like men on their buttocks. That is in order that nothing happens. " (al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 270) The Fuqahaa took these narrations into consideration and delivered the following ruling: "A woman should sit on her left buttock and position her legs out on her right hand side because that is more concealing for her. " (al-Hidaayah: vol. 1 p 55) The above narrations indicate that Ibrahim Nakha'i used to issue the fatwa in Kufain accordance with this practise, while in Madinah Mujhaahid did likewise as did Hasan Basri in Basrah. These ahaadith and aathaar clearly indicate that the salah of females differs from that of males Chapter 5 – What the Fuqaha Say The Hanafi Madh-hab Allaamah Muhammad Amin Ibn Abidin as-Shami rahimahullah: "A woman should not raise her hands till her shoulders. She should not take her hands out of her sleeves. She should place one palm over the other on her breast . She should bend only slightly in ruku'. She will not spread her fingers out in ruku' but rather keep them close together and place her palms on her knees without clasping them. She should bend her knees slightly. She should contract herself in ruku' and sajdah. She should place her arms flat on the ground. She should sit with her legs out and resting on her posterior in tashahhud. In tashahud she should keep her fingers close together. If any mistake occurs in salah, she should clap her hands without uttering anything. She cannot make imamah of a male. It is makruh to have a female only congregation. The female imam will stand in their midst. It is makruh for her to attend the congregation. In a mixed congregation the females will stand at the rear. Jumu'ah is not obligatory for her, but if she attends it, she will be absolved of responsibility. Neither is Eid compulsory on her nor the takbir of tashriq. It is not mustahab for her to perform Fajr when it brightens up. In the loud salahs she will not raise her voice. " (Radd al-Mukhtaar: vol. 1 p 504; see al-Bahr ar-Raa'iq: vol. 1 320) He says in another place: "A woman should bend slightly in ruku; without spreading her fingers out completely. However, she must contract herself and place her palms on her knees and bend them slightly . She must not spread out her arms as this is more concealing for her. " (Ibid p 494) Mulla Ali Qaari rahimahullah: "A woman will raise her hands till her shoulder (when performing takbir tahrimah). " (Fath bab al-`Inayah bi-sharh an-niqayah: vol. 1 p 239, see p 242, 262 and 265; and al-Fataawaa al-Aalamkiriyyah: vol. 1 p 73 Allaamah Badr ud-Din al-Ayni: "According to Umm ud-Dardaam Ataa, Zuhri and Hammaad and others, a woman should raise her hands till her breasts. " (al-Binayah fi sharh al-Hidaayah: vol. 2 p 187) Muhammad ibn Muqaatil narrates the same verdict from the Hanafi jurists. (Ibid) Burhanud-Din al-Marghinaani rahimahullah, the author of al-Hidaayah states that this is the correct and accepted version. (al-Hidaayah: vol. 1 p 50) It is stated in the Fataawaa Aalamgiriyyah: "As for a female she must bend slightly in ruku' without spreading her fingers out. She must keep them together on her knees by merely placing the palms. She must bend her knees slightly and not spread her arms out. A female should not spread out in ruku' and sajdah while she will sit on her legs. In sajdah she will make her stomach rest on her thighs . A woman will sit on her left buttock and position her legs out to the right side. " (al-Fataawaa al-Alamkiriyyah: vol. 1 p 75) Imam Abu Ja'far at-Tahaawi rahimahullah: "As for a woman, our scholars (Hanafi) state that she should sit in a manner that is most concealing. " (Mukhtasar ikhtilaaf al-ulamaa': vol. 1 p212) Sheikh Muhammad Zakariyya al-Kaandhlawi rahimahullah: "It is unconditionally preferable according to us (Hanafi jurists) for a woman to sit on her buttocks with her legs positioned out to the right hand side. " (Awjaz al-Masaalik: vol. 1 p 258) Allaamah Abd ul-Hayy al-Lukhnawi rahimahullah: "A woman differs from a man in many of the actions of salah…"(as-Si'aayah: vol.2 p 205) He then goes on to list the differences as mentioned by the other jurists. And Allah knows best.
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posted by abu mohammed on 7th October 2010 - 4 comments

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7 Oct 2010
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Jazakallah for taking the time to read the blog and on top of that making a comment. I realy appreciate it. Firstly, which of the opinions go against the Quran & Sunnah from these four schools. (Some of them differed in their opinions, but they all had valid reasons. Each ruling they had passed was in conjunction with another rule for that subject, for each school, every thing fits in perfectly). The Imams had eyewitnessed the actions of the Senior Tabi'een (Imam Abu Hanifa saw some of the Sahaba), these Tabi'een were not fools to follow their own desires, they followed the Sahaba who followed TheProphet (SAW). This Fatwa by Shaykh Uthaymeen was posted on a forum from which I have cut & pasted it. Important advice for the student of knowledge from Imām Ibn al-‘Uthaymeen Praise be to Allah. It is good if a person focuses on one shaikh and makes him his main source, especially if he is a young beginner, for if the young beginner seeks knowledge from a number of people he will be confused. For people are not all of one opinion, especially nowadays. In the past, here in the Kingdom (Saudi Arabia) people never deviated from [the books] al-Iqnā’ [Book of Hanbalī Fiqh by Al-Buhuti] and al-Muntahā [Book of Hanbalī fiqh by Mar`i bin Yusuf], so their fatāwā were all the same and the bases of their fatāwā were all the same; no one differed from another, except in his delivery and style. But now, everyone who has memorized a hadīth or two says, “I am the Imām to be followed. Imām Ahmad was a man and we are men.” So now there is chaos. Everyone is issuing fatāwā and sometimes you hear fatāwā from these people which make you weep and laugh at the same time. I was thinking of recording these fatāwā, but I was afraid that this might make me one of those who seek out their faults of their brothers, so I did not do it lest we transmit things that are as far from the truth as the earth is from the Pleiades. I say: adhering to one scholar is very important when the seeker of knowledge is just starting out, so that he will not be confused. Hence our scholars forbade us to read al-Mughnī and Sharh al-Muhadhdhab and other books which contain numerous opinions when we were starting out. One of our scholars told us that Shaykh ‘AbdAllah ibn ‘AbdRahmān Bābiteen (May Allah have mercy on him), who was one of the great scholars of Najd, only read al-Rawd al-Murabba’ [Book of Hanbalī Fiqh by Al-Buhuti] and never read anything else. He read it repeatedly but he discussed it in great detail and in great depth. If a person has gained a great deal of knowledge, then he should look at the views of the scholars so as to benefit from them in both academic and practical terms. But when one is just starting out, my advice is to focus on one particular scholar and not go to anyone else. [From Fatāwā al-Shaikh Muhammad ibn Sālih al-‘Uthaymeen, Kitāb al-‘Ilm, page # 107] الحمد لله هذا جيد كون الإنسان يركز على شيخ من المشائخ يجعله هو الأصل لا سيما المبتدئ الصغير , المبتدئ الصغير إذا طلب العلم على عدة أناس تذبذب , لأن الناس ليسوا على رأي واحد خصوصاً في عصرنا الآن , كان فيما سبق أي قبل مدة كان الناس هنا في المملكة لا يخرجون أبداً عن الإقناع والمنتهى ؛ فتجد فتاواهم واحدة , وشروحهم واحدة , لا يختلف واحد عن آخر إلا في الإلقاء وحسن الأسلوب , لكن الآن لما كان كل واحد حافظاً حديثاً أو حديثين قال : أنا الإمام المقتدى به والإمام أحمد رجل ونحن رجال , فصارت المسألة فوضى , صار الإنسان يفتي , أحياناً تأتي الفتوى تبكي وتضحك وكنت أهمَّ أن أدوَّن مثل هذه الفتاوى لكن كنت أخشى أن أكون ممن تتبع عورات إخوانه فتركته تحاشيناً مني إلا نقلنا أشياء بعيدة عن الصواب بُعد الثريا عن الثرى . فأقول : ملازمة عالم واحد مهمة جداً ما دام الطالب في أول الطريق لكي لا يتذبذب , ولهذا كان مشائخنا ينهوننا عن مطالعة المغني وشرح المهذب والكتب التي فيها أقوال متعددة عندما كنا في زمن الطلبة , وذكر لنا بعض مشائخنا أن الشيخ عبد الله بن عبد الرحمن بابطين ـ رحمه الله ـ وهو من كبار مشائخ نجد ذكروا أنه كان مكبَّاً على الروض المربع لا يطالع إلا إياه ويكرره , كل ما خلص منه كرره لكن يأخذه بالمفهوم والمنطوق والإشارة والعبارة فحصل خير كثير . أما إن توسعت مدارك الإنسان فهذا ينبغي له أن ينظر أقوال العلماء يستفيد منها فائدة علمية وفائدة تطبيقية , لكن في أول الطلب أنا أنصح الطالب أن يركز على شيخ معين لا يتعداه . من فتاوى الشيخ محمد بن صالح العثيمين , كتاب العلم , الصفحة # 107 END OF FATWAA As The Shaykh says when the seeker of knowledge studies the Deen and then gains knowledge by going further and further...., Do you realy think he will be able to start making his own judgements, will he become a mujtahid. Name me one one Mujtahid Imam of our era. When the four Imams made these comments, they werent for us or for the scholars of today or yesterday. Those comments were meant for the Fuqaha. Name me one Faqih in the last few hundred years. In reply to your last paragraph, please see the other blogs on Qiyas, Taqleed and The Persians. also take a look at the comment reply on the blog of Menstruation...Also, how can one decide if a particular matter is not for me so he will take the opinion of the other Imam, or deduce that the other opinion is more correct. He must be a top notch scholar. See what Shaykhul Islam Ibn Taymiyaah says about it (Towards the bottom of this reply). Infact you should ONLY stick to one school, because if one starts to select from different rules from different schools, he would only be doing this to suit himself, not because he has studied so hard and can ascertain which opinion is stronger than the other, but by following his own opinion, meaning, he would follow his own desires to suit his way of life or needs. Following your own desires to suit yourself can lead to shirk. let me give you an example of what happens if one starts to give preference of one opinion other another. (Extracted from an email)One who doesnt follow any particular imam and gets bits and pieces from the four madhabs and mix’s them up (which would be against the rules of all four), For example, A person with Wudhu touched his wife which according to the Shafi Mazhab nullifies Wudhu: Now when he is told to make Wudhu, he replies: “I follow Imaam Abu Hanifah and it is not a breaker of Wudhu according to his Mazhab, therefore my Salaat will be valid.” Now this person vomits, which according to Hanafi Mazhab, he breaks his Wudhu. He is now told to make Wudhu. He replies: ‘I follow Imam Shafii; it is not a nullifier of Wudhu, therefore my Salaat is valid’. If this person (who has on the one hand, touched his spouse, and on the other hand, vomited) has to perform his Salaat with such a Wudhu, it would neither be correct by Imaam Abu Hanifa nor by Imam Shafi'i. In terminology this is known as Talfiq which is agreed upon unanimously to be void and not permitted. This is not Taqleed but following one’s passions and desires for one’s personal convenience which will lead one astray. The necessity of following a Mazhab, Imam or Mujtahid is that one would not fall into the temptations of following one’s own desires. The Holy Qurăn states: ‘And do not follow desires. You would be led astray from the path of Allah.” Thus the need of following only one Imam. All the four madhahib are right, and following any one of them is permissible in order to follow the Shari’ah. However, a layman who lacks the ability analyse and distinguish the arguments of each madhhab cannot be allowed to pick and choose between different views only to satisfy his personal desires. The reason for this approach is two fold: Firsty, the Holy Qur’an in a number of verses has emphatically ordered us to follow the Shari’ah, and has made it strictly prohibited to follow the personal desires vis a vis the rules of Shari’ah. The Muslim jurists, while interpreting the sources of Shari’ah never intend to satisfy their personal desires. They actually undertake an honest effort to discover the intention of Shari’ah and base their madhhab on the force of evidence, not on the search for convenience. They do not choose an interpretation from among the various ones on the basis of its suitability to their personal fancies. They choose it only because the strength of proof leads them to do so. Now, if a layman who cannot judge between the arguments of different madhahib is allowed to choose any of the juristic views without going into the arguments they have advanced, he will be at liberty to select only those views which seem to him more fulfilling to his personal requirements, and this attitude will lead him to follow the ‘desires’ and not the ‘guidance’ — a practice totally condemned by the Holy Qur’an. that the selection of different views in different cases is not based on the force of arguments underlying them but on the facility provided by each. Obviously this practice is tantamount to ‘following the desires’ which is totally prohibited by the Holy Qur’an. If such an attitude is allowed, it will render the Shari’ah a plaything in the hands of the ignorant, and no rule of the Shari’ah will remain immune from distortion. That is why the policy of ‘pick and choose’ has been condemned by all the renowned scholars of Shari’ah. Imam Ibn Tamiyyah, the famous muhaddib and jurist, says in his ‘Fatawa’: “Some people follow at one time an imam who holds the marriage invalid, and at another time they follow a jurist who holds it valid. They do so only to serve their individual purpose and satisfy their desires. Such a practice is impermissible according to the consensus of all the imams.” He further elaborates the point by several examples when he says: “For example if a person wants to pre-empt a sale he adopts the view of those who give the right of pre-emption to a contingent neighbour, but if they are the seller of a property, they refuse to accept the right of pre-emption for the neighbour of the seller (on the basis of Shafi’i view) . . . and if the relevant person claims that he did not know before (that Imam Shafi’i does not give the right of pre-emption to the neighbour) and has come to know it only then, and he wants to follow that view as from today, he will not be allowed to do so, because such a practice opens the door for playing with the rules of Shari’ah, and paves the path for deciding the halal and haram in accordance with one’s desires.” (Fatawa Ibn Taymiyyah Syrian ed. 2:285,286) That was the basic cause for the policy adopted by the later jurists who made it necessary for the common people to adopt a particular madhhab in its totality. If one prefers the madhhab of Imam Abu Hanifah, he should adopt it in all matters and with all its details, and if he prefers another madhhab, he should adopt it in full in the same way and he should not ‘pick and choose’ between different views for his individual benefit. The consequence of the correctness of all the madhahib, is that one can elect to follow any one of them, but once he adopts a particular madhhab, he should not follow another madhhab in a particular matter in order to satisfy his personal choice based on his desire, not on the force of argument. There is a stark difference between the rulings of The A’imma-e-Mujtahideen and a fatwa. The A’imma-e-Mujtahideen i.e. Imam Abu Hanifa, Imam Shaafi,Imam Ahmad ibn Hambal, and Imam Maalik (Rahmatullaahi Alaihim) were all Mujtahids. Their knowledge in the tafsir of the Noble Qurăn and Ahaadith of Rasulullah (Sallallaaahu Álayhi Wasallam) was so vast that they had the ability to independently arrive at a decision on any one issue. Hence the difference of opinion among the Imams are differences stemming from Mujtahideen and their different Principles of Ijtihaad. On the other hand,the Úlama of Azhar, Deoband, etc. are not Mujtahideen. They are very far away from the shores of Ijtihaad. Jalaaluddeen Suyuti (Rahmatullaahi Alaihi), a great and renowned scholar who has contributed in almost every field, viz. Tafseer, Hadith, Usul (Principles of) Tafseer, Usul-ul-Hadith (Principles of Hadith), Fiqh,Principles of Fiqh, etc. was not accepted as a Mujtahid by his contemporaries. The Úlama of today do not qualify to be Mujtahids, hence they are followers of their respective Imams. Their differences of opinion do not stem from differences of opinion in the “Principles of Ijtihaad”. They are rightly Muqallideen (followers) of their respective Imams. The differences of opinion may be categorised as: i) following a different Mazhab; or ii) following the same Mazhab, with variational differences, e.g. misinterpretation of the Imam’s view. In the first case the difference among the Úlama is in fact the difference of opinion among the A’imma-e-Mujtahideen and, therefore unobjectionable. Every individual should follow the opinion of the Imam he follows. In the second case if the differences are due to misinterpretation or ignorance of the Imam’s principles or opinion then it will be objectionable.Such views cannot be tolerated as the views of the different Imams. The views of the different Imams stem from their Ijtihaad whereas the views of the Úlama ought to stem from the principles set out by their Imams. Therefore the differences among the Úlama are very far from the differences of the Imams. Reverting to your first question, the Úlama of Azhar are not Mujtahideen,and as a result they are not in a position to be Imams. Furthermore, a non-Aalim may follow a learned Muqallid of his Mazhab as a guide in order to make proper Taqleed of his respective Imam.When following a learned Muqallid, it is important to know his source of knowledge. It should be noted that the source of education has an influence on an individual’s future and direction in life. The Aalim must also be firmly adhering to and practising on the Noble Qurăn and the Sunnah of Rasulullah (Sallallaaahu Álayhi Wasallam) i.e. The Shariáh.One should avoid following the Azhari Ulama in the belief of making their Taqleed. “Not all of the believers should go to fight. Of every section of them, why does not one part alone go forth, that the rest may gain understanding of the religion, and to admonish their people when they return, that perhaps they may take warning” (Qur’an 9:122) —where the expression li yatafaqqahu fi al-din, “to gain understanding of the religion,” is derived from precisely the same root (f-q-h) as the word fiqh or “jurisprudence,” and is what Western students of Arabic would call a “fifth-form verb” (tafa‘‘ala), which indicates that the meaning contained in the root, understanding, is accomplished through careful, sustained effort. This Qur’anic verse establishes that there should be a category of people who have learned the religion so as to be qualified in turn to teach it. And Allah has commanded those who do not know a ruling in Sacred Law to ask those who do, by saying in surat al-Nahl, “Ask those who recall if you know not” (Qur’an 16:43), in which the words “those who recall,” ahl al-dhikri, indicate those with knowledge of the Qur’an and sunna, at their forefront the mujtahid Imams of this Umma. Taqleed – A Qur’aanic Command The basis for Taqleed is a Qur’aanic command. “And, ask the People of Knowledge if you do not know.” Thus the general principle of Taqleed is enshrined in the Qur’aan Majeed. Denial of this principle is, therefore, an act of kufr which expels the denier from the fold of Islam. Everybody makes claims of giving opinions but only that ruling is accepted which is in accordance with Shariah and of a Mujtahid. The verdict of a Muqallid will not be accepted. The Mujtahid makes Ijtihad while the Muqallid makes Taqlid. Even if the Mujtahid makes a mistake he is rewarded as mentioned in Bukhari, Vol. 1 p. I1092. The Holy Prophet (Sallallaahu Álayhi Wasallam) sent Hadrat Muadh ibn Jabal (Radhiyallaahu Ánhu) as a Governor and Qaadhi to Yemen. The Holy Prophet (Sallallaahu Álayhi Wasallam) gave to Hadrat Muadh many instructions and advices even while he held the reins and led the horse with Hadrat Muadh mounted on it. The Holy Prophet (Sallallaahu Álayhi Wasallam) also asked: “By which law would you dispense justice.” He replied: “By the Law of the Holy Qurăn.” “And if you do not find it (i.e. what you seek) in the Holy Qurăn.” He replied: “By the Prophetic Traditions.” “And if you do not find it in there also, then!” He replied: “Then I would make Ijtihad.” The Holy Prophet, (Sallallaahu Álayhi Wasallam) expressed his happiness with his reply and fully endorsed and supported his stand and thanked Allah for it. (Abu Daawud Vol 2. p. 149) the Prophet (Allah bless him and give him peace) has said, in the hadith of Bukhari and Muslim: “When a judge gives judgement and strives to know a ruling (ijtahada) and is correct, he has two rewards. If he gives judgement and strives to know a ruling, but is wrong, he has one reward” (Bukhari, 9.133). The Qur’an clearly distinguishes between these two levels—the nonspecialists whose way is taqlid or “following the results of scholar without knowing the detailed evidence”; and those whose task is to know and evaluate the evidence—by Allah Most High saying in surat al-Nisa’: “If they had referred it to the Messenger and to those of authority among them, then those of them whose task it is to find it out would have known the matter” (Qur’an 4:83) —where alladhina yastanbitunahu minhum, “those of them whose task it is to find it out,” refers to those possessing the capacity to infer legal rulings directly from evidence, which is called in Arabic precisely istinbat, showing, as Qur’anic exegete al-Razi says, that “Allah has commanded those morally responsible to refer actual facts to someone who can infer (yastanbitu) the legal ruling concerning them” (Tafsir al-Fakhr al-Razi, 10.205). the term ijtihad or “striving to know a ruling” in this hadith does not mean just any person’s efforts to understand and operationalize an Islamic ruling, but rather the person with sound knowledge of everything the Prophet (Allah bless him and give him peace) taught that relates to the question. Whoever makes ijtihad without this qualification is a criminal. The proof of this is the hadith that the Companion Jabir ibn ‘Abdullah said: We went on a journey, and a stone struck one of us and opened a gash in his head. When he later had a wet-dream in his sleep, he then asked his companions, “Do you find any dispensation for me to perform dry ablution (tayammum)?” [Meaning instead of a full purificatory bath (ghusl).] They told him, “We don’t find any dispensation for you if you can use water.” So he performed the purificatory bath and his wound opened and he died. When we came to the Prophet (Allah bless him and give him peace), he was told of this and he said: “They have killed him, may Allah kill them. Why did they not ask?—for they didn’t know. The only cure for someone who does not know what to say is to ask” (Abu Dawud, 1.93). This hadith, which was related by Abu Dawud, is well authenticated (hasan), and every Muslim who has any taqwa should reflect on it carefully, for the Prophet (Allah bless him and give him peace) indicated in it—in the strongest language possible—that to judge on a rule of Islam on the basis of insufficient knowledge is a crime. And like it is the well authenticated hadith “Whoever is given a legal opinion (fatwa) without knowledge, his sin is but upon the person who gave him the opinion” (Abu Dawud, 3.321). The Prophet (Allah bless him and give him peace) also said: Judges are three: two of them in hell, and one in paradise. A man who knows the truth and judges accordingly, he shall go to paradise. A man who judges for people while ignorant, he shall go to hell. And a man who knows the truth but rules unjustly, he shall go to hell (Sharh al-sunna, 10.94). This hadith, which was related by Abu Dawud, Tirmidhi, Ibn Majah, and others, is rigorously authenticated (sahih), and any Muslim who would like to avoid the hellfire should soberly consider the fate of whoever, in the words of the Prophet (Allah bless him and give him peace), “judges for people while ignorant.” It is not permissible to leave making taqleed of one Imam and follow another Imam when one wishes. When this is done without permission from the Shariat it leads to Talfeeq, it also causes one to follow one’s desires resulting in going far away from the truth and being lead astray.There is ijma and consensus of opinion that talfeeq is ba’til and impermissible Talfeeq And Changing Madhabs Is Not Permissible, to leave taqleed made upon one Imaam and follow another Imaam when one wishes involves probing in matters of Shari’ah without possessing the authority to do so. When this is done without permission from the Shariah it leads to talfeeq, it also causes one to follow one’s desires resulting in going far away from the truth and being led astray.In reality by doing this a person does not make taqleed of Imaam Shaaf’i Rahmatullahi alaihe or Imaam Abu Hanifa Rahmatullahi alaihe, but he is following his desires, and the Shariah has prohibited us from following our desires. Its result is going astray from the path of Allah Taa’la. Allah Taa’la says in Surah Hud Ayaat 26: ‘And do not follow your desires (in future too) for it will lead you astray from the path of Allah.’ Therefore it is Necessary to make Taqleed of one Imaam only. The Truth is out there, Follow one school, be safe, become the real Holder of truth, InshaAllah. (This is not to say that you aren't) May Allah guide me first and everyonelse too. Ameen.
 
27 Dec 2015
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Tauqeer
I looking for the detail about women ruku in salah in the light of Ahaadith. Kindly help me out
Blogger's Reply:
It is stated in the Fataawaa Aalamgiriyyah: "As for a female she must bend slightly in ruku' without spreading her fingers out. She must keep them together on her knees by merely placing the palms. She must bend her knees slightly and not spread her arms out. A female should not spread out in ruku' and sajdah while she will sit on her legs. In sajdah she will make her stomach rest on her thighs .
 
29 Dec 2015
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Tauqeer
Blogger's Reply:
InshaAllah, I will get further references from scholars.
 
29 Dec 2015
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Tauqeer
One more question:
Some of the procedure of female Salah is mentioned in Hidayah and Qudori but procedure of Ruku is not mentioned, can you find the reason of it, why it is so
Blogger's Reply:
Salaam brother, I am waiting for the Hadith Answers website to accept questions again. As you have asked for a sanad previously, I have been meaning to ask the correct scholars in this regard. However, you may also find this link of benefit inshaAllah http://www.hadithanswers.com/askaquestion/
 
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