Hazrat,
The only question which you and all those who havn't been able to answer is this:
A reference from books of Hanafi Madhab is all which you need to produce to make your point.
If you are convinced of the error of something then you are NEITHER laymen NOR you can act on a Fatwa that is obvious.
Your mistake is that you are thinking that I am advocating following a Fatwa KNOWING that it is wrong and that is not at all what I am saying.
Taqleed is following rightly guided Ulamah and when it comes to Ulamah there will be differences on many issues and its not the laymen's responsibility to be knit-picking Fatwaas of Ulamah.
Show me some evidence from the Madhab which says that laymen must pick and chose and dissect opinions. If he/she can do that then they are not really laymen!
Ikhtilaaf amongst Ulamah is natural and I DO NOT know which Usool (principle) of Hanafi Madhab allows laymen to start judging Fatwaas of Ulamah.
The rest of your statements are simply Drama and I on purpose won't discuss it because you would love to take the conversation in a different direction.
Discuss Usool (principles of the Madhab). What is the laymen's responsibility?
P.S: Sorry about the colours but I don't know how else to make a simple point!
W-Salam Brother,
You are not only accusing me but also Maulana Yasin and others on the forum for double standards. Whatever your issues are with me it would be much appreciated if you came after me and saved the rest from your misguided emotions and anger.
Insha'Allah you to be a man of Taqwa and Sunnah and justice and its not an unreasonable request to ask you to retract your views on MS. This forum has nothing to do with me. As soon as the Brother clarifies what he is writing and starts to write clearly I am open to discussions.
The reasonfor asking is this statement:
Brother Muadh, please substantiate EXACTLY where I thought you are advocating this - or is this just a presumption of yours?
There is obviously some mis-communication despite my best attempts to try to understand his point because his posts are not properly formatted. I can GUESS and UNDERSTAND but the I don't want to because I want to make sure that I understand it perfectly and then we are not arguing for the sake of arguing
Lastly, what do you think I am scared of? This is a discussion and if I am wrong I am wrong, so what? Please point out examples where I have been wrong and I have not retracted or apologised etc?
I am not saying I have understood my stance to be wrong BUT what if I am? So what?
This is not about pride this is dicussion about Islamic Shariah.
This is my stance so please tell me the disagreement and on what grounds?
Hazrat,
I can sort of understand what you and Brother Siraj are trying to imply in theory.
But Islamic Shariah is based on laymen consulting Ulamah and acting on their advice.
Shaykh (Mufti) Taqi Usmani (HA) has written in Islahi Khutbaat that an additional condition is to ensure that the Mufti being consulted is a person of Taqwa and practises Sunnah himself. You can say that for laymen this is Taqwa (to consult the right Ulamah).
We then went to Shaykh (Maulana) Yaqooq Qasmi (HA) who is arguable one of the best amongst the Fuqaha in Europe and we asked him:
Q): What is Taqleed for laymen?
A): He (HA) replied, "Find an Alim who is known for his Taqwa and practise of Sunnah, asks him and acts on his advice!
Exclusions:
Job is done for him or her on the day of judgement.
Answers to two objcteions on my stance from Shaykh (Mufti) Taqi Usmani (HA):
Query 1 (The Taqleed of the lay person):
In the context of Taqleed a "lay person" is defined as one who knows little regarding the Arabic language, and about Islam in general even though they may be intelligent in other fields of knowledge. Proficiency to read Arabic titles concerning the Qur'an and Sunnah but devoid of any formal Islamic studies with a qualified instructor would also place a person within the ambit of laity. In addition, students who have taken formal courses in Islamic sciences but have failed to develop acumen would also fall within this classification. The above mentioned are under an obligation to practice Taqleed. They must follow a specific Imam and Mujtahid because they simply do not have the ability to refer to the Qur'an and Sunnah directly nor can they differentiate between what is apparently contradictory and give scholarly preference to one opinion over the other. Shaykh Khatib of Baghdad wrote:
"As for those who should apply Taqleed it is the lay person who does not know the methods of extracting Islamic rules. It is permissible for such a person to follow one specific Imam and act upon his Fatwas. This is so because he does not possess the tools for Ijtihad so his duty is to follow, just as a blind person must follow someone who is able to see for determining the direction of the Qiblah."
The Muqallid (follower) on this level cannot get caught up in discussions of proofs to see which Imam's view is stronger. His duty is merely to appoint one Mujtahid and follow his opinions in all matters. This is because he is not academically capable of making judgments of that kind. So much so that even if this person finds a Hadith which apparently contradicts the opinion of his appointed Imam, he should not resort to following the Hadith, but rather adhere to his Imam's opinion. He should assume that he has not understood the meaning or context of the Hadith appropriately or he should have no doubt that his Imam has a stronger proof than the Hadith in question, which he may not be aware of.
Query 2 (How does a lay person recognise a Mujtahid)?
The essence of Taqleed is that a person who doesn't have the capability to reach a decision based on the Qur'an and Sunnah should adhere to an expert scholar and rely upon his judgement. A question may arise from this explanation. That is, if the person following has no academic merit, how is he to determine the expertise of the scholar whom he is asking and following?"
In response to this question, we will suffice with an excerpt from Imam Ghazali:
"If it is asked, a lay person may base his choice on assumptions and hence, he may be deceived by appearances. This may lead him to give preference to a lesser Imam over one who is more suited. So if he is allowed to exercise his judgement (in choosing an Imam) and acts upon his assumptions, why can't he then act upon his assumptions in the issue under discussion? Understanding the various degrees of scholarship is very intricate and a lay person cannot be the best judge for that. This question is valid. Our answer is that if a non-physician, whose child has become sick,decides to administer medicine as he sees fit will be held responsible and will be guilty of transgression. If he consults a physician, he will not be responsible and will not be transgressing. If there are two physicians in town and they differ over the prescription, then if the father of the son decides to take the prescription of the lesser over that of the better physician, he will be held accountable. He (the father) would know of the better physician by merely listening to the opinions formed by patients, by the lesser physician's referral to the better physician and by overwhelming signs which will convince him (the father) that this physician is better than the other. The same is the case for choosing the best scholar from several. There is no need to look into the issue itself (just as it is not necessary to look into the prescription or medicine). This much, the lay person is quite capable of doing and determining. It is not proper to go against the overwhelming assumption merely because of likes and dislikes. This is the most correct opinion in our view and the most suitable for regulating people in God-consciousness (Taqwa) and accountability."
I have now given my stance, its analysis and its basis and I am open to any discussions on it since I am not a Scholar.
This cannot be undone and I am sure it will be greatly appreciated.
Please wait...
