The great Taqleed Debate

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#31 [Permalink] Posted on 20th August 2020 18:39

Muadh_Khan wrote:

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Yes taqleed is unavoidable and allowed. Yes the majority of Ulama say that we must restrict taqleed to within the 4 madhabs. This is also what Shah Waliullah was saying in an extract which you posted earlier.

Did/or do the majority of Ulama say that it is an obligation to do a taqleed of a single madhab at all times?

No. Actually majority of (at least) contemporary Ulama from all 4 madhabs say that one may leave the madhab when situations arise (no, not only dire or life and death situations), once one does not make it a habbit to systematically seek out dispensations. Many Ulama also allow one to act on a hadith which goes against one madhab once the hadith has been acted on by another Imam. Majority of Deobandi Ulama would disagree, but the evidences are clear, just ask any Shafi for example.

The above is also what can be understood from Shah Waliullah's discussions on this topic. Shah Waliullah was definitely not insisting that "taqleed shaksi" is necessary for all individuals.

I have posted many evidences from various Ulama of all 4 madhabs for the above in other threads on this forum.

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#32 [Permalink] Posted on 20th August 2020 21:15

Muadh_Khan wrote:

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I think I was not able to articulate my question correctly. However, your response to bint e aisha's post has removed my confusion. I understand now.

I understand that following the Nafs to find easiest opinion is not the right way, and rather one should follow the method you outlined i.e consult with different ulama and then one can follow an easy opinion but keeping the process transparent and taking ulama into confidence.

Thank you for your continued willingness to help and explain.

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#33 [Permalink] Posted on 20th August 2020 21:25

muslimman wrote:

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I understand your question. I spent countless hours re-reading everything starting from Mufti Rasheed Ahmed Gangohi (RA) who was the first Mufti to obligate Taqleed-Shaksi, I read it first in 1992 so I wanted to refresh my memory. He does indeed say to stick to a single Alim.

However, having read countless Fatawa, I remain convinced that there is mis-translation going on from Urdu to English.

Taqleed-e-Shaksi does not mean Taqleed of a single Alim but it means Taqleed of a single Madhab.

I also spent countless hours reading South African Fatawa and I do not believe that they wish to obligate Taqleed of a single Mufti.

What everybody is saying is that for convenience it is "better" to stick to a single Mufti so the Taqleed of a single Madhab is fulfilled. This of course in the age of Internet isn't possible because anybody with "Google" will instantly find that Mufti Taqi Usmani (HA) considers cheese with Animal rennet permissible.

So I remain convinced that Taqleed of a single "Alim" is not obligatory.

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#34 [Permalink] Posted on 20th August 2020 22:11

Muadh_Khan wrote:

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Your research on Islamic topics is impressive masha Allah. Glad to have the opportunity to learn from you, on this forum.

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#35 [Permalink] Posted on 20th August 2020 23:39

Concerned wrote:

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I have read Haris Hamaam (aka Maulana Ismail Ibraheem Patel (HA)) and your posts on Taqleed and I am not South African so I won't defend the indefensible.

Let me summarise it for you and I will be well pleased if you can put up a coherent argument together to refute this.

The primary or original or basic principle in Islam is that Taqleed is Waajib. "Non-Deobandees" call this as Taqleed-Mutlaq and it basically means that to consult a "Mufti" whenever a layman needs to seek answers of Islamic Shariah.

When you study the classic Islamic text, we come across the debate on two sides of an issue:

Layman has a Madhab
Layman has no Madhab

Point 2 is very well known statement in books in Fiqh as:

أن العاميَّ لا مَذهبَ له"

Indeed, layman does not have a Madhab. Haris Hamaam (aka Maulana Ismail Ibraheem Patel (HA)) popularised this position by stating it as:

Layman is upon the Madhab of the Mufti.

When you drill deep down into the logic of this position, it means the same thing but uses two different semantics. For example:

I can deliberately and purposely choose to consult Mufti Taqi Usmani (HA) because he is a Hanafi.
I can just choose Mufti Taqi Usmani (HA) because he is a trusted Scholar and be a "Hanafi" indirectly

This argument is the same thing at the end of the day.

A "spin" on this second argument is layman is free to consult any Scholar and act upon the Fatwa and he/she doesn't need to restrict themselves to a "Hanafi Mufti", this is still Taqleed. I am from a follower of Maulana Ashraf Ali Thanwi (RA) so we don't really have a problem with "Mutlaq Taqleed" in this manner as it is permissible.

The idea of Taqleed Shaksi being Waajib (Obligatory) was first advocated to my knowledge by Mufti Rasheed Ahmed Gangohi (RA) due to the prevailing Fitnah of the times. Before that, the world acted on "Hanafi Madhab" by default due it being the official (state) Madhab of the Ottomans and the Mughals. You can see this opinion of "Taqleed Shaksi" coinciding with political decline in the Caliphate the world over.

This takes us to the next Usool in Taqleed.

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#36 [Permalink] Posted on 20th August 2020 23:57

Issue 6: Judgement of Qadhi lifts the Disagreement

This is the rule in Fiqh (and Taqleed) which the Ummah has forgotten. This resulted in a revolt against me on Sunniforum by a "Mufti" no less.

أن حكم القاضي يرفع الخلاف بين المتخاصمين

The Caliph appoints a "Qadhi" to issue judgements which are enforceable under Islamic law. The judgement of the Qadhi lifts the disagreements and enforces a ruling. Until 1923, this is how Muslims lived, the Qadhi (Judge) issued judgement, the only country where this system still exists in some form in India.

The Ottoman empire enforced Asar Shaf'ae throughout their jurisdiction and it is still carried out in Turkey and parts of Europe (and UK) in Turkish Mosques.

Taliban enforced punishment for not having a fist-length beard when there is no such thing in the Hanafi Madhab. I remember Taliban being asked this question in Birmingham and they replied, "It is the Hukum of the Qadhi".

The minor form of this are the "Shariah Councils". If a husband is not divorcing his wife, a Shariah council acts as a "Qadhi" and does Faskh of Nikah (i.e. revokes the Nikah), a normal Mufti without the vested powers of the Qadhi cannot do so in Islam. In my WhatsApp conversation with the said Sunniforum Mufti, I asked him how come you as a "Mufti" cannot break the Nikah of a Muslim woman? Why does it need to be done by a "Shariah Council".

Qadhi (Judge) hands down a Judgement
Sword of the Caliph will enforce the Judgement on the Ummah
You will be thrown in Jail for not making Taqleed as it is Waajib in the Qur'aan and the Sunnah regardless of your Madhab

When the next Caliph comes and if his Qadhi issues a judgement to grow beard upto a fist-length or wear Hijab/Niqab you will be OBLIGATED (regardless of the Madhab) and you will be punished for not making Taqleed because you will be opposing the Hukum (judgement).

This is an enormous tool in the arsenal of a Muslim Caliph to ensure order and compliance in the Muslim society. In the absence of Caliphate, we are fighting over Moon sighting, Cheese, Deobandi/Barelwee, Taqleed etc.

In the Mughul empire, Indian Muslims had no Deobandi/Barelwee fights/riots. After 1857 Indian Muslims became sworn enemy despite following the same Hanafi Madhab. Why? Because the institution of Qadhi and the Sword enforcing it was lifted from the heads. The same applies for Taqleed issues, under the Ottomans by and large the Ummah had no issues...The Taqleed issues started right when Ottoman Empire got weakened. Our disputes today are a direct result of having no Qadha (court) system and no enforcement. Afghanistan had no such issues under Taliban, no Moonsighting, no Taqleed issues, no sectarian violence...Absolutely calm!

Because our Islamic system of Governance and Court system has been destroyed, we are arguing on forums on basic issues like Taqleed which have never been controversial in Islam...I hope that everyone gets my point.

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#37 [Permalink] Posted on 21st August 2020 00:55

All well and good but how does that affect an ordinary Hanafi resident of the state choosing to combine prayers , or to pray eid salah at home with just him and his wife during the pandemic, or a shafi resident deciding to follow the hanafi ruling on what breaks wudu.

Forget about me and Harris Hammam, here are the views of many contemporary alims:

Quote:

See what Shaikh Faraz Rabbani writes here:

t.co/dM91y3Ux8p

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Similar is mentioned by contemporary Maliki scholars:

t.co/nudfqmLyAo

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Shafi:

t.co/Rjp2LUBbKI

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Mufti Taha Karan, a DU Deoband Grad from south Africa has a few lectures on this topic. Here is an article from him:

t.co/Yt06X8nby8

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Sheikh Musa Furber, a shafi and hanbali tranlsator, also states on Facebook regarding Ibn Rajab’s "Refutation of Those Who Do Not Follow The Four Schools"

Quote:

" No, Ibn Rajab does not say that an individual must stay within a single madhhab in all things."

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Shaykh Faraz Rabbani also wrote this, but the link seems to be broken:

If you would not adopt this opinion, then upon what basis, why not? What would you say to a non maliki who decides to adopt it (on the pretext of not agreeing with taqleed shaksi), even though there is no real pressing need for it to be adopted, and it is NOT for necassary for educational purposes.

Answer-

I know I am not answering your question, but we also have to bear in mind what is meant by "due to a need". Also this needs to be clarified because the point is being made regarding opinions between madhabs,but the examples given are pertaining to differences in the madhab itself.

Following A Single Madhhab

While following a maddhab is required, following a single madhhab on every issue is not according to many scholars. The obligation of taqlid is to follow a school or an authority on a given issue or set of issues. Thus, for example, an individual is permitted to follow the Hanafi school in prayer and the Maliki school in rulings related to Zakat. This is not interdicted so long as one:

a. actually knows the rulings of the other school on the issue, and
b. does not systematically seek out dispensations (i.e. the easiest position).

[Ibn `Abidin, Radd al-Muhtar (1:33); Nabulsi, Khulasa al-tahqiq (56)]

Therefore, it would be permitted for you to follow the opinion of another school if you have a valid reason for doing so.

A valid reason should not be understood as simply referring to cases of real need or necessity. Rather, even convenience cab be a valid reason to follow another opinion. For example, you may choose to pray Asr according to the earlier time because it is easier for you from a scheduling perspective, something important for this working and studying. Similarly, you may choose to eat seafood because your family does so. The aofrementioned opinions have a strong basis in our tradition and, therefore, may be followed as long as one does not become habitual in seeking out dispensations of this nature.

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Also see a similar shafi response:

t.co/MPoKWxR8hR

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Then there is the issue of acting on a hadith against one madhab. Mufti Taha Karan explains in detail how this is allowed for laymen according to Imam an Nawawi. It is the standard shafi position. Mufti Taha says this opinion is also that of Shah waliullah Dehlawi.

In fact Shah's positon is clearly not "taqleed shaksi" im his 2 works Al insaf and iqd al jid fi ahkam al ijtihad wa taqleed

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Ml Ashraf ali Thanwi also allows a laymen to act on a hadith against his madhab if allowed to by an alim and there would be no confusion to the masses

Edit: some other practical issues in which hanafis could have acted on other madhabs' opinions if they wanted to during covid lockdown.

Looking into mushaf and completing a khatam in taraweeh (approved according to some hanafi scholars as having an allowance in the hanafi school due to change of circumstances and smaller mushafs available to us)

Allowing non baligh children who have memorized more Quran than the adults to lead some of the tarawew. (approved as having a leeway in the hanafi madhab according to hanafi scholars Maulana Yusuf Shabbir and his father)

Allowing girls/women to lead other women in taraweeh. (approved as having a leeway in the hanafi school by shaikh Abdur Raheem limbada and Mufti Taqi Uthmani, I think mainly for hafizas)

Praying Eid salah at home with less than 4 adult males (alternative being pray no salah)

So even if those hanafi scholars did not find some leeway in the hanafi school for a hanafi to act on those valod views from the other madhabs, one isn't forbidden from taking from another madhab and acting on those views. I would not accuse someone of following their desires for doing such.

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#38 [Permalink] Posted on 21st August 2020 01:14

Taqleed of a single madhab, I believe scholars from the past and present have said it is a must.

Taqleed of the same Mufti/'Alim of the same madhab, it depends on the question and your personal circumstances.

I believe there is a fine line between one following the strictest opinion out of taqwa and following an opinion purely because one has very little interest in pursing the truth. There is also following an opinion within the parameters of a madhab and a reliable scholar(s) to avoid serious hardship. I don't think this is the same of following one's personal preferences or desires.

There was a time in my life where I followed the strictest opinion and let's just say it almost ended in catastrophe. I staunchly follow the Hanafi madhab, reliable 'Ulema who're renowned for their ilm and enriched taqwa, but I'll study or to try to understand the basic premise of their of fatwa, later do Istikarah and then follow the one which, I feel is closest to the truth.

This way, I'm not committing myself to a single scholar. I believe this balance approach or methodology is what brother Muadh is alluded to.

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#39 [Permalink] Posted on 21st August 2020 01:28

SOURCE

Please see source and acknowledge

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#40 [Permalink] Posted on 21st August 2020 02:02

Quote:

Taqleed of a single madhab, I believe scholars from the past and present have said it is a must.

SOME scholars from the past and present have said it is a must. Contarary to popular belief, that isn't the only valid opinion put foward by scholars. And no, the other opinions on the matter aren't minority opinions. Anyone stil insisting that is the case is living in denial. See my post above for references from Ulama of all 4 schools.

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#41 [Permalink] Posted on 21st August 2020 02:19

some other practical issues in which hanafis could have acted on other madhabs' opinions if they wanted to during covid lockdown:

Looking into mushaf and completing a khatam in taraweeh (approved according to some hanafi scholars as having an allowance in the hanafi school due to change of circumstances and smaller mushafs available to us)

Allowing non baligh children who have memorized more Quran than the adults to lead some of the taraweeh. (approved as having a leeway in the hanafi madhab according to hanafi scholars Maulana Yusuf Shabbir and his father)

Allowing girls/women to lead other women in taraweeh. (approved as having a leeway in the hanafi school by shaikh Abdur Raheem limbada and Mufti Taqi Uthmani, I think mainly for hafizas)

Praying Eid salah at home with less than 4 adult males (alternative being to read no salah)

So even if those hanafi scholars did not find some leeway in the hanafi school for a hanafi to act on those valid views from the other madhabs, one isn't forbidden from taking from other madhabs and acting on those views. Other Hanafi Muftis would gove fatwa against all of the above. I would not accuse someone of following their desires for doing such and "picking and choosing whatever they want". In any case they could have still picked and choose for most of the issues and still be acting within the hanafi madhab accordong to the views of some Deobandi scholars mentioned above.

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#42 [Permalink] Posted on 21st August 2020 02:54

Some very interesting points made above.

I like the way tablighis teach us this. "Ask, then do." -- Har kaam (muftiyane kiram se) pooch pooch kar karo.

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#43 [Permalink] Posted on 21st August 2020 03:22

Concerned wrote:

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So here's my predicament!

I'm about to travel and will not have a place to perform wudhu and coincidently I start Bleeding. This will break my wudu according to Imam Abu Hanifa, but not according to Imam Shafi'. So for the sake of convenience and ease, instead of following my school of Imam Abu Hanifa, I choose to follow Imam Shafi's opinion and offer Salah in this condition, which of course, according to my school is not valid because I am without wudhu, but according to the Shafi's, I still have wudhu.

Then I'm in a situation where I touch a woman and touching a woman under certain conditions would invalidate my wudhu according to Shafi's but does not according to Imam Abu Hanifa. So here, I revert back to the Hanafi school.

So now, I've broken my wudhu according to the Hanafi school and the Shafi' school, but since I opted for various rulings for ease and convenience, I'm pretty convinced that my salah is valid right?

Then on the same day I was to travel. On my journey, I saw a parrot and played with it for a while. I took one of its fallen feathers and kept it in my pocket knowing that it was not considered impure in my school. At the time of salah, I opted for the Shafi school for ease and convenience and prayed Asar Salah according to early Shafi timing, completely neglecting the fact that the feather was considered impure according to the Shafi school. Oh and before leaving home for my travels, I followed a Hanbali opinion of wiping on my cotton socks after breaking my wudhu.

According to all schools of jurisprudence, such a wudhu and such salah is null and void and no school would accept Salah of such a person as valid.

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#44 [Permalink] Posted on 21st August 2020 03:26

abuzayd2k wrote:

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Special circumstances is different from picking and choosing for ease and convenience.

Any decision is made after taking other rulings into consideration and they would ensure it wouldn't clash with other rulings.

See the thread on Fiqh made easy www.muftisays.com/forums/76-the-true-salaf-as-saliheen/49...

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#45 [Permalink] Posted on 21st August 2020 03:47

abu mohammed wrote:

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What are you trying to say? That this scenario of yours proves that one must stick to one madhab at all times? So none of the scholars I quoted in my post and the 100s of scholars from the past who didn't insist on taqleed shaksi, none of them didn't consider your scenario when ruling that taqleed shaksi is not necessary on everyone at all times? As Mufti Taha Karan says: the Madhabs aren't prisons

Actually according to a search on the hanbali madhab FB page and a response quoting Ibn Taymiya on Islamqa, it seems that in the hanbali madhab, bleeding that doesn't amount to be repulsive does not break wudu, nor does touching a woman without desire break wudu, feathers from parrtos are pure and asr is prayed in the earlier time. So yes a person may decide that he is acting on the hanbali madhab for the day and his wudu and salah would be perfectly fine and no talfiq would occur.

BTW i am humoring you and I obviously am not familar with the hanbali rulings on these issues so don't quote me on this.

On a more serious note here is a more practical scenario:

I have a pet parrot who I feed and wash. I have read somewhere that if a bird’s loose feather touches one clothing, the clothing needs to be washed before praying. Also sometimes my clothing is stained by its feces. What should I do before praying?

Answer: Wa alaykum assalam

All Praise belongs to Allah; peace and blessings upon our master, Sayyidina Muhammad sallaLlahu alayhi wa sallam.

With regards to the feathers of birds, the Shafi‘i school draws a distinction between edible and non-edible birds, stating that the detached feathers of edible birds are pure (tahir), while that of non-edible birds are impure (najis). Further, the official view of the school holds that parrots are non-edible and consequently its detached feathers are impure. Note however, that the impurity of these feathers could only transfer over to your clothing through the agent of a liquid. Accordingly, dry feathers need only be removed from your clothing before prayer and not necessarily washed.

Similarly, the feces of the parrot is impure (najis) and one cannot pray in clothing that has been soiled with it. Yes, our scholars have overlooked the droppings of pigeons in certain masajid where the avoidance of their droppings became difficult, however, it appears that the keeping of a pet bird does not warrant the same overlooking.

[The Shafi‘i school adopts the more stringent positions on the questions you have posed. If the keeping of your parrot becomes extremely challenging by adopting these positions, you may consider adopting the view of the Hanafi school that considers the detached feathers of the parrot pure. A Hanafi scholar will however have to be consulted before doing so.]

And Allah knows best

[Shaykh] Abdurragmaan Khan

Shaykh Abdurragmaan received ijazah ’ammah from various luminaries, including but not restricted to: Habib Umar ibn Hafiz—a personality who affected him greatly and who has changed his relationship with Allah, Maulana Yusuf Karaan—the former Mufti of Cape Town; Habib ‘Ali al-Mashhur—the current Mufti of Tarim; Habib ‘Umar al-Jaylani—the Shafi‘i Mufti of Makkah; Sayyid Ahmad bin Abi Bakr al-Hibshi; Habib Kadhim as-Saqqaf; Shaykh Mahmud Sa’id Mamduh; Maulana Abdul Hafiz al-Makki; Shaykh Ala ad-Din al-Afghani; Maulana Fazlur Rahman al-Azami and Shaykh Yahya al-Gawthani amongst others.

islamqa.org/shafii/seekersguidance-shafii/108406

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The great Taqleed Debate

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