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Sorry brother, maybe I misunderstood what you've stated:
Concerned wrote:
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Technically speaking, all that is required for a person faced by such a situation is that his practice be based upon the ijtihad of a valid mujtahid.
I cant comment on the Shafi' Madhab, but I appreciate and understand what you are trying to say. However, this stuff is for scholars of the highest caliber, not for us to research and debate. There is space for change and no one is denying that and what Mufti Taha Karan states is the same for any Madhab, as long as the research and findings are upon the works of Mujtahid Imams. No one is questioning that!
What we are trying to say is that there "WE" are not capable of doing so! That's why WE leave this work for the scholars and they come to a unanimous decision. This is very common especially for new Masaa'il, whereas older issues have remained more or less intact and the same from the start as it is backed by Quran and Hadith. We obviously are not qualified to discuss their Dalaael in full, but can see where they are getting it from with the help of Ulama.
Also, this type of research can only be done by a Faqih and not just a Muhaddith because a Muhaddith is not a Faqih and a Faqih can not be a Faqih until he surpasses the Muhaddith.
Therefore, I should really be asking if you could name us any living Faqih today or even an Imam who is capable of ijtihaad within his own school using the same rules of his own school.
I cant comment on the Shafi' Madhab, but I appreciate and understand what you are trying to say. However, this stuff is for scholars of the highest caliber, not for us to research and debate. There is space for change and no one is denying that and what Mufti Taha Karan states is the same for any Madhab, as long as the research and findings are upon the works of Mujtahid Imams. No one is questioning that!
What we are trying to say is that there "WE" are not capable of doing so! That's why WE leave this work for the scholars and they come to a unanimous decision. This is very common especially for new Masaa'il, whereas older issues have remained more or less intact and the same from the start as it is backed by Quran and Hadith. We obviously are not qualified to discuss their Dalaael in full, but can see where they are getting it from with the help of Ulama.
Also, this type of research can only be done by a Faqih and not just a Muhaddith because a Muhaddith is not a Faqih and a Faqih can not be a Faqih until he surpasses the Muhaddith.
Therefore, I should really be asking if you could name us any living Faqih today or even an Imam who is capable of ijtihaad within his own school using the same rules of his own school.
I think you have understood but just to make it clear, the text you put in bold: "ijtihad of a valid mujtahid." refers to the ijtihad of the four Imams which has reached us i,e the four madhabs.
The other point being discussed in the passage by Imam Nawawi is that by practicing on the hadith contrary to the madhab one cannot now say this is now the madhab of Imam Shafi or I am following the Shafi madhab ( based on the saying When the Hadith is authentic then that is my Madhab).
I do not see where the issue of someone being capable of ijtihad comes in. As I recall from the lecture (which I will post soon insha Allah) if an individual comes across a hadith and feels uncomfortable not following it due to his madhab's position, he would go to the Ulama in the madhab and ask them to explain to why the madhab does not follow that hadith. We constantly do this anyhow to refute salafis and to show the evidences of the hanafi madhab. No new ijtihad is beinng done.
I think you have understood but just to make it clear, the text you put in bold: "ijtihad of a valid mujtahid." refers to the ijtihad of the four Imams which has reached us i,e the four madhabs.
The other point being discussed in the passage by Imam Nawawi is that by practicing on the hadith contrary to the madhab one cannot now say this is now the madhab of Imam Shafi or I am following the Shafi madhab ( based on the saying When the Hadith is authentic then that is my Madhab).
Jazakallah, that makes more sense now, although I can still see how this can be an issue especially if one rule is followed in most cases, but then another rule is followed in other cases and eventually we get a clash of rules and everything becomes null and void. Of course this is only going to happen in certain areas. So back to my point, we stick to our scholars and our school because everything is in sync with the rest of the evidence and methods.
The issues you mentioned above would then take us into the whole issue of taqleed shaksi etc.
I would like to hear what Hanafi Deobandi Ulama have to say about this allowance in the Shafi Madhab and Imam Nawawi's explanation. For those who do no know Maulana Taha Karan is a Deobandi Shafi :), having studied at Darul Uloom Deoband.
From myself and others, we feel and understand that we are not capable of such things and that the Ulama already practice this, so long the evidence is there to strengthen it.
The reason why we don't and neither do many others don't fall for such activities is somewhat explained below.
"Imam Ibn Taymiya رضي الله عنه, the famous hadith scholar and jurist, says in his Fatawa:
Some people follow at one time an Imam who holds marriage invalid, and at another time they follow an Imam 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. (Fatawa Ibn Taymiya 2: 285-286).
This was the basic cause for the policy adopted by the later jurists, who made it necessary for the common people to adopt a particular school in its totality."
This cannot be undone and I am sure it will be greatly appreciated.
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