The Four Madhabs

westmidlands

858

Sister

481

#16 [Permalink] Posted on 18th March 2010 14:37

yes sis....no salafi will listen to anyone apart from another salafi,so stuborn,they kind of put that doubt,maybe they right...Allahumdolila my stand is still firm on my aqeeda,and lots of things i dont agree with them.

report post quote code quick quote reply

No post ratings

O my Rabb (Cherisher and Sustainer)! Bestow wisdom on me, and join me with the righteous; grant me honorable mention on the tongue of truth among the latest (generations); make me one of the inheritors of the Garden of Bliss.�
(Qur��n 2683-84)

Unspecified

738

Brother

313

#17 [Permalink] Posted on 18th March 2010 19:42

Quote:

sister-in-islam

salam.

well first i dont understand why the differences between them,they all on the right path.e.g, shafi says touching a woman nulls the wudu,well hanafi says it dont..what did the prophet said regarding this?i believe it dont null the wudu..how do we know which one is right?according to hanafi prawns are harram,are they or are they not?
to me its just a fish,all fishes are suppose to be halal..other differences i dont know what they have.what could be the reason behind their differences.
As i cant give more example about their differences,because i haven't read up on them,as i said on my above post,i was told we are hanafi,so i am hanafi,but really dont know anything about them.

In the ummah (body of Muslims, Muslim world etc) there are TWO types of Ikhtilaaf's (differences). The Messenger of Allah ( صلى الله عايه وسالم) has notified the ummah with regard to these differences and he has also guided the ummah with regard to them.

The FIRST type of difference is with regard to the "Ijtihaadi" "Masaa'il" (interpretations of Islamic law points), which occurred between the Sahaabah (رضئ الله عنهم), the Tabieen (those that followed them) and the Aimmah-e-Mujtahideen (the qualified masters of Jurisprudence i.e. Imam Abu Hanifa, Imam Shafiee, Imam Maalik, Imam Ahmad bin Hambal & those before them 'Rahimahullah').

A reflection of this is evident in the Hanafi, Saafi, Maaliki and Hambali Madhabs (schools, way etc) which are well known as an "Ikhtilaaf". This type of difference also occurred, at times during the blessed era of the Messenger of Allah ( صلى الله عايه وسالم).

This type of difference is not merely a natural, inevitable or indispensable difference, in fact, the holy prophet ( صلى الله عايه وسالم), had termed such a difference as a "Rahma" (Mercy) from Allah. And for that person whom Allah Most High, had embed with even the slightest bit of insight, will immediately discern why such differences are termed as a "Mercy".

The SECOUND type of difference is known as "Nazaryaai Ikhtilaaf" (Theoretical differences). This is the subject matter regarding our concern. The Messenger of Allah ( صلى الله عايه وسالم) had also foretold and predicted such differences. This type of difference is also the basis and differentiation between Haqq and Baatil (Truth and Falsehood). Hence our prophet ( صلى الله عايه وسالم) said:

"The Bani Israel (jews) were separated into 72 sects and my ummah will be split into 73 sects. All of them will be in the Fire." it was asked: "O Messenger of Allah! Which will be this successful group?" Nabiullah replied:
مااناعليه واصحابي

"Those that will remain on that path which I and my Sahaabah are on" [Sunan Abu Dawood, Tirmizi]

It is reported in another Hadith that 72 sects will go to Jahannum and One to Jannah - and this is the "Al Jammah" (Ahla sunnah Wal Jammah) people 'group' of The Sunnah 'way' of the Messenger of Allah as shown by the Jammah 'group' of Sahabah (Radi'Allahu anhum Ta'ala Ajmaeen) and this is that group which will be on the Haqq (Truth).

And some people will abscond from this Jamaat, their desires and false opinions will lead them astray just as the bite of a rabid dog makes a person ill, such that not a joint, vein or fibre of his remains except that this illness penetrates it.

It is reported in another Hadith: "Any person remains alive after me will see many differences in the ummah. Therefore he should hold on fast to my way and the way of the Kulafaa Rashideen. He must hold on to it with his teeth. Take Heed! stay away from all new innovations (which will spring up), because all such innovations (which are regarded as being part of Deen) are a Bid'ah and every Bid'ah is astray."

report post quote code quick quote reply

No post ratings

westmidlands

858

Sister

481

#18 [Permalink] Posted on 8th April 2010 12:49

Taqlid refers to the practice of an unqualified, lay person (in a specific field of specialization) submitting to and accepting the authority of an expert in that field, without demanding proof and justification for every view, opinion or verdict expressed by such an expert authority.

Imitation is a natural tendency of human existence, practiced by millions of people worldwide in every facet of life. The simplest and most tangible example of Taqlid is that of a child learning his basic alphabets at school. Every child learning his alphabets is unconsciously practicing Taqlid. A learner driver taking instructions from a driving instructor is practicing Taqlid. People going to a specialist doctor for medical treatment and following his instructions is another example of Taqlid. A lay person soliciting a legal opinion from an advocate or following the advice of a tax consultant is another common case of Taqlid. A client at an engineering firm, asking for the engineer's advice on complex engineering calculations is yet another instance of Taqlid in action. The millions of 'facts' in the myriad of sciences such as astronomy, archaeology, etc. are all distinct examples of Taqlid. Who ever questions the 'fact' that the sun is really 93 million miles away from the earth! It is taken for granted that this is the findings of the 'experts' in these fields and everyone simply accepts it as such. School teachers teach these to their pupils as 'gospel truth' and children learn and memorize these 'facts' with the hope of succeeding in their exams. There are countless such examples of Taqlid in everyday existence.

By way of extension, Taqlid is the easy option for ordinary people in the context of Islamic Fiqh or Law too. Taqlid in Islam simply refers to accepting and following the verdicts of expert scholars of Islamic Fiqh in their exposition and interpretation of Islamic Law, without demanding from them an in-depth explanation of the intricate processes (Ijtihad) required in arriving at such a verdict. It simply means that ordinary folk do not have to do Ijtihad. The duty of ordinary people is to trustingly accept the authority of the learned scholars in this matter and act upon their verdicts.

In this sense, Taqlid is a great blessing for common people, for it is beyond the capacity of everyone to understand the extremely complex and complicated mechanics of Ijtihad. The ability to do Ijtihad requires many long years of study and erudition and a great deal of exertion in acquiring a mastery of various Islamic sciences.

Mawlana Khalid Dhorat, www.ask-imam.com

report post quote code quick quote reply

No post ratings

westmidlands

858

Sister

481

#19 [Permalink] Posted on 8th April 2010 12:51

The Shar'ee Role of Taqleed
taken from www.ask-imam.com

The essence of guidance is derived from the Holy Qur�n - "Hudan li al-Nas" ("A Guidance for Mankind). But this guidance and its laws are based on fundamental principles, the details of which have been entrusted to and consigned by the Holy Prophet (Sallallaahu �layhi Wasallam) in order to explain them to mankind.

For example, the Holy Qur�n says: "Aqimus-Salaat" ("establish prayer"). It does not define the method as to how the prayer should be established; how the various postures should be performed; the mode of recitation of Surah, etc. The complete method of prayer i.e. "Salaat" is explained by the Holy Prophet (Sallallaahu �layhi Wasallam).

"Wa 'Atuz-Zakat" ("And give charity"). Now the Zakaat amounts payable on gold, silver, cattle, land, produce, etc. are only known through the Ahadith and there is no mention of it in the Holy Qur�n.

"Wa Lillahi `ala an-Nas Hij Al-baiti" ("It is obligatory on people to perform the Hajj of the House of Allah.) Here again, the method of Tawaf, the number of circumambulations, the details regarding Arafat, Mina, Muzdalifah, the stoning at the Jimar, etc. have all been explained by the Holy Prophet (Sallallaahu �layhi Wasallam).

Thus it becomes imperative to understand the Holy Qur�n in the light of the Ahadith even for major obligatory acts like Salaat, Zakat and Hajj without which it is impossible to act and understand the commands of the Holy Qur�n. The believers are commanded to attain guidance from the Holy Qur�n in accordance with the details explained by the Holy Prophet (Sallallaahu �layhi Wasallam). Therefore Allah specifies: "Whosoever obeys the Messenger has indeed obeyed Allah." This obedience to the Holy Prophet (Sallallaahu �layhi Wasallam) would in reality be obedience to Allah Himself.

A direction from the Hadith informs us:

"Also perform your prayer just as you see me perform my prayer." (Bukhari Vol. 1, p. 1076)
It is not said: "Perform your prayer in the manner you may infer from the Holy Qur�n."

Hadith is divided into different categories:

The sayings of the Holy prophet (Sallallaahu �layhi Wasallam),
The acts and doings of the Holy prophet (Sallallaahu �layhi Wasallam),
The sayings, acts and doings of others, approved by the Holy Prophet (Sallallaahu �layhi Wasallam).
All these categories of Ahadith give guidance to the Umma.

QIYAS

When the Prophet (Sallallaahu �layhi Wasallam) was asked a question he answered and also counter-questioned the questioner, on a similar (analogical) matter, the answer of which was known to him. On the correct reply being given by the questioner, the Prophet (Sallallaahu �layhi Wasallam) would say: "The question you had asked is in the same category as this answer of yours."

EXAMPLE: A lady once asked: "Hajj was obligatory on my mother but she passed away. Can I perform it on her behalf?" The Prophet (Sallallaahu �layhi Wasallam) replied: "Yes, it would be accepted on her behalf. Tell me, if your mother had a debt would you pay it." She replied in the affirmative. Rasulullah (Sallallaahu �layhi Wasallam) said: "Fulfill what is on her behalf. Certainly, the duty and right of Allah would be more acceptable." This kind of reasoning is called Qiyas, Ijtihaad, or Istimbat in Shari`a.

These are only used in Shari`a when the Qur�nic or Traditional directives are not specifically spelt out.

The Holy Prophet (Sallallaahu �layhi Wasallam) sent Hadrat Mu`adh ibn Jabal (Radhiyallaahu �nhu) as a Governor and Qaadhi to Yemen. The Holy Prophet (Sallallaahu �layhi Wasallam) gave to Hadrat Mu`adh many instructions and advices even while he held the reins and led the horse with Hadrat Mu`adh mounted on it. The Holy Prophet (Sallallaahu �layhi Wasallam) also asked: "By which law would you dispense justice." He replied: "By the Law of the Holy Qur�n."

"And if you do not find it (i.e. what you seek) in the Holy Qur�n."

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 �layhi 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)

When after such an Ijtihad all the scholars agree to its conclusion, it is termed "Ijma", for it must be understood that Qiyas or Ijtihad does not prove an order or command; it only makes it evident and known. It was hidden in the Holy Qur�n or the Ahadith; the Mujtahid, by Dalalatan, 'Isharatan or Iqtdha'an, brought it in the open for the generality of people.

The person who does not have the power of Ijtihad is bound and compelled to follow a Mujtahid and this act of following a Mujtahid is termed Taqlid. The Holy Prophet (Sallallaahu �layhi Wasallam) sent Hadrat Mu`adh ibn Jabal as Qadi so that people could act upon his instructions and guidance derived from the Holy Qur�n, the Ahadith and his Ijtihad. To accept all three would in reality be obedience to Rasulullah (Sallallaahu �layhi Wasallam) as mentioned in Mishk�t Sharif (p. 310). Hadhrat Abu Hurayrah (Radhiyallaahu �nhu) reported that the Holy Prophet (Sallallaahu �layhi Wasallam) said, "Who has obeyed me, has obeyed Allah and who was disobedient to me has been disobedient to Allah and who obeyed the Amir was obedient to me and who was disobedient to the Amir has been disobedient to me."

PRECEPTS, PROPOSITIONS AND THEIR KINDS

Masa'il or precepts are of four kinds:

Clear instructions from the Holy Qur�n and Ahadith. No Qiyas is allowed nor Taqlid permissible. The order is to practice on the clear injunction.
In such propositions where there are two injunctions, one earlier, and one later, and through historical evidence both renown, then the earlier proposition is abrogated (Mansukh), whilst the latter command is ordered. Here too Qiyas and Taqlid ~ not permitted.
Those propositions that have two clear injunctions but it is not known which is earlier and which later, i.e. no historical evidence.
Those propositions of which there exist no clear injunctions. Propositions 1 (and 2) are clear. the last two (Propositions 3 and 4) need explanations. Since 3 and 4 are not clear, what must a person do? If he does not practice upon them, he is yet not allowed to go free. The Qur�nic verses state: "Is man under the notion that he will be left free?"'
"Do you think that you have been created in vain?" It is not so, you have to obey Allah's command every second. Now how are we going to obey when it is not known, which is abrogated and which is not. In the fourth kind of proposition when one has no knowledge what is he going to practice on? Allah says: "Do not practice on anything without knowledge."

Thus the need of Qiyas and Ijtihad. In the third kind of proposition the need is to verify the clear injunction and in the fourth kind it is to find a clear order and command. This is a known fact that everybody does not have the ability or power to make Ijtihad and this verse also makes it clear.

Everybody makes claims of giving opinions but only that ruling is accepted which is in accordance with Shar`iah 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.

Here exists a doubt that there were many Mujtahids among the Sahaaba (Radhiyallaahu �nhum), the Tabi`in and Tabi` Tibi`n; But only the 'I'ima 'Arba` i.e. Imaam Abu Hanifah, Imam Maalik, Imam Shaafi`i and Imam Ahmad (Rahmatullaahi �layhim) are followed and Taqlid made of them. What Is wrong in following the Sahaaba (Radhiyallaahu �nhum) whose virtues have been abundantly mentioned in the Holy Qur�n and the Ahadith?

There is no doubt that the Sahaaba (Radhiyallaahu �nhum) have a far greater status and position than the I'ima Arba`a does not make Taqlid of any one of the I'ima Arba` ever thinking them to be greater than the Sahaaba but its simple reason is that for Taqlid it is necessary to know those injunctions in which Taqlid has to be made. The detailed knowledge which can be found in every section and chapter from Kitaab- at-Taharat to Kitab al-Fara'idh, whether it concerns acts of worship, or social and cultural aspects, in every department of knowledge, these were the first and only 'I'ima that gathered them all in every detail. They were schools of knowledge in their own right that codified knowledge in every field. We do not find such codification either of the Sahaaba or other Tabi`in. The only choice we have is to follow them. It must also be borne in mind that Allah had bestowed on them the perfection of knowledge of the Holy Qur�n and the Ahadith. It is said by Shah Waliullah (Rahmatullaahu �layhi) in the commentary of Muwatta' Imaam Malik, p.6 that these four Imaams together have encompassed the entire knowledge of the Holy Qur�n and Ahaadith to such a degree that not a single Hadith which was reported by the Sahaaba was omitted by them.

Clarification is further required regarding another doubt in most minds: What is the necessity of making Taqlid of only one Imaam? One should be allowed to follow any of the four Imaams in the different Masa'il as was the method in the time of the Sahaaba and Tabi`in. Mazhab was not confined to a single Imam. Why must such concessions not be allowed in our times?

In the time of the Sahaaba, which was the best of times, there was no ulterior motives regarding religious questions. A question was asked to know the correct method and to practice on it. It was not asked for one's convenience as in later times. 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 make Taqlid of 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, breaks Wudhu. He is now told to make Wudhu. He replies: 'I make Taqlid of Imam Shafi`i; 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 Hanifah 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 Taqlid but following one's passions and desires for one's personal convenience which 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 Qur�n states:

'And do not follow desires. You would be led astray from the path of Allah."
Thus the need of following only one Imam.

For centuries we have heard of great scholars, jurists, 'Ulama' and Auliya who had the treasures of knowledge, who were in their personal capacities libraries with encyclopedic knowledge. Their piety constituted perfect examples in emulation of the Sahaaba. Their entire life was spent in accordance with the Sunnah of Rasulullah (Sallallaahu �layhi Wasallam). They also followed the 'I'ima Arba'` and it would not be incorrect to say that it was because of this Taqlid that they attained the heights of perfection.

Islamic Jurisprudence (Fiqh) is confined to the four schools. Those that do not confirm to any one of them are called Ahle Hadith or Ghair Muqallid.

report post quote code quick quote reply

No post ratings

6,694

Brother

941

#20 [Permalink] Posted on 8th April 2010 13:03

Jazakillah, great posts.

report post quote code quick quote reply

No post ratings

I am not a Mufti

westmidlands

858

Sister

481

#21 [Permalink] Posted on 14th April 2010 23:04

report post quote code quick quote reply

No post ratings

Unspecified

738

Brother

313

#22 [Permalink] Posted on 14th April 2010 23:08

Jazakallah ..good job mashallah!

report post quote code quick quote reply

No post ratings

The Four Madhabs

Font Size

Font Weight