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Not following a mazhab

Last updated: 17th July 2006
Question ID: #2119
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Assalamu Alaykum Wa Rahmatullahi Wabarakatuhu,

Dear Respected Ulama, today, someone told me that they do not follow one imam. This is their reason:

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We do not make taqleed of any one of the four imams, nor do we pick and choose. We follow that which is from Quran and sunnah, the imams are not infallible. We love and respect every single one of the imams of ahlus-sunnah wal-jamaa'ah, but we do not make taqleed of them. there are narrations where Imam Shafi'i (rahimahullah) said, "do not make taqleed of me, nor of Awza'ee, nor of...." and he mentions other scholars, then he said "rathere, take from where they took". Where did they take from sister? From the Book of Allah and the sunnah of His Messenger (sallallahu alayhi wa sallam).

Please note that the present days madhabs that we see, can not be ascribed to the imams themself, there are many lies quoted on them. Most of them are filled with innovationsafter innovations, with the claim that these are good bid'ah! or with other claims.
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Now what I want to know is just a brief answer to that because did imam Abu Hanifah (RA) say anything like what imam shafi'ee (RA) said? This person's argument seems right, nbut i know it's wrong, but i am just doubting.

Please could you answer asap please.

Please could you also remember me in your duas

Wassalam


Bismillahir Rahmaanir Raheem
Al Jawaab Billahit-Tawfeeq

Respected sister,

The argument of following a madhab or to not follow one is indeed a heated one for a long time. Thus, it is not surprising for people to come up with unsubstantial and sometimes, baseless 'proofs' to permit themselves for not adhering to any madhab as required by the Syari'ah.

It is clear that the sister above does not adhere to any of the prominent four imams' madhab (Hanbali, Maliki, Hanafi or Syafi'e (may Allah have mercy on them all)) but follows that of the group known as Ghair Muqalleed. They use certain Quraanic verses and ahadeeth to establish the fact that it is incorrect to stick to a particular madhab but one should only hold firm to the Quraan and Sunnah of Rasulullah (sallallahu 'alaihi wasallam).

One of their famous quotes by Imam Ahmad Bin Hanbal (may Allah have mercy on him) that they consider as proof of not adhering to any of the four schools of thought is:

'Do not follow my opinion, neither follow the opinion of Malik, nor As-Syafi'e, nor Al-Awza'e, nor Al-Thauri, but rather take from where they took.' (Al-Fulani, pg. 113 and Al-I'laam by Ibn Al-Qayyim, (2/302)).

A lay person may think logically that it will be incorrect to follow the four school of thoughts because of the quote of Imam Ahmad Bin Hanbal (may Allah have mercy on him) above. However, so shrewdly do the 'scholars' of Ghair Muqalleed not inform their followers of this saying of Imam Syafi'e (may Allah have mercy on him):

'This that Imam Syafi'e has stated (referring to his quote that: 'When a hadeeth is found to be sahih (authentic), then that is my madhab' - Al Majmu' (1/163) by An-Nawawi (may Allah have mercy on him)), does not imply that anybody who sees an authentic hadeeth should say that 'This is the madhab of Imam Syafi'e', and go and practice the literal/apparent meaning of the hadeeth. This statement is directed to those who have reached the position of ijtihad (reasoning) in the madhab. Furthermore, the condition is that the person must be sure that Imam Syafi'e was unaware of the hadeeth or its authenticity. This can only be achieved after researching all of Imam Syafi'e's as well as his students' books. This is a difficult requisite and precondition which very few possess.' (Allamah Nawawi (may Allah have mercy on him) stated in his book 'Almajmu' Sharhul Muhazab', vol. 1, pg. 99))

They should also read what Ibn Taymiyyah (may Allah have mercy on him) narrated in his book Al-Musawwadah (pg. 516) as well:

'Once a person asked Imam Ahmad Bin Hanbal (may Allah have mercy on him): 'If a person memorizes a hundred thousand ahadeeth will he be termed as a faqih (jurist)?' Imam Ahmad replied, 'No'. The person then asked: 'Two hundred thousand?' He replied: 'No' The person then asked: 'Three hundred thousand ahadeeth?' He replied: 'No'. 'Four hundred thousand ahadeeth?' he asked to which Imam Ahmad made a sign with his hand meaning that perhaps he will be a faqih who may give fatwa (legal verdict) through his ijtihad.'

Ibn Taymiyyah further relates the incident of Ibn Shaqila (a great scholar of the Hanbali madhab). Ibn Shaqila says:

'Once while I was sitting at the Jami'ul Mansoor to give fatwa, I mentioned the incident of Imam Ahmad (as mentioned above). A person told me: 'You have not memorized so many ahadeeth yet you are giving fatwa to the people.' I replied: 'May Allah keep you safe. If I have not memorized so many ahadeeth, I am passing fatwa according to the view of such a person who had memorized that amount of hadeeth and even more (he was referring to Imam Ahmad who had compiled his 'Musnad' from a collection of more than seven hundred and fifty thousand ahadeeth).'

It is reported in the Hasyiah of Ibn 'Abideen (vol.1, pg 68) that: 'It is clear that this statement is meant for those people who have the ability to study and discern the nusus (Quraan and hadeeth) and are fully acquainted with and can distinguish between the clear and established texts and those that have been abrogated.'

References:

My Beliefs And Actions Do Conform To Hadith!! (A Joint Publication of Jamiatul Ulama Transval and Jamiatul Ulama (KwaZulu-Natal))

We highly urge that the book 'The Legal Status Of Following A Madhab' by Justice Muhammed Taqi Usmani be read as it is one of the works of Mufti Usmani which is highly recommended when discussing/debating about this issue.

These websites can also be visited for further details:

1) http://www.ummah.net/Al_adaab/fiqh/taqleed.html
2) http://www.muftisays.com/qa.php?viewpage=viewQA&question=339
3) http://www.daruliftaa.com/question.asp?txt_QuestionID=q-21102374

And Allah knows best.

Wassalam.
Ulamaa
Answer last updated on:
7th March 2008
Answered by:
Ulamaa ID 10
Location: Malaysia
Binti Zahari