Nobody Has The Right To Criticise Imam Shafi'i Rh

Assalaamu'alaikum Warahmatullahi Wabarakatuh

I have received many forwarded emails giving new "unique" and so-felt "intelligent" ways to approach Islamic juristic laws. I am no expert myself, and have always regarded that the Ulama (scholars) are my guides and means of myself being protected from the Fire of Jahannam.

When I read these entries / posts - it fumes me with rage, firstly because of my own weakness of being unable to contain my anger against blasphemous claims of righteousness; but more secondly and primarily - due to the fact that these claims are actually tools of Shaytaan to destroy our Deen of Islam, and hence our practice of our Deen, and hence our spiralling down into the pit of Jahannam. May Allah protect us all. Ameen.

In my humble mind, I find it extraordinarily dubious that people who claim to be knowledgeable say things that directly or indirectly attack the credibility of Imam Shafi'i Rahmatullahu 'Alaih. These people go about looking for Dalils (evidences) from Hadith, and they do not stop. Even "better" they back their Hadith evidences with "certification" - claiming that their evidences either come from the collections of Bukhari, Muslim, Tirmidhi, Abu Dawud, Nasa'i, Ibn Majah, and so forth. This is actually very comical; because little do they know that these illustrious Imams of Hadith are all Shafi'is in practice themselves. It is absolutely hillarious. In other words, they follow, abide and carbon copy the methodology of Imam Shafi'i Rh in deriving, abiding, following and conveying the Laws of Shari'ah.

Infact, many illustrious scholars are Shafi'is. If we were to spend our post here to name them all, then I guess I would have to use up an extra hour for the time I spend in crafting this email response. But anyway, let us just list some of our frontliners, to give a taste of reality...and of course - Ilm (knowledge).

Among the glorious Scholars of Islam who were Shafi'is in their juristic practices are:

(Imam of Aqidah)
1. Abu Al-Hasan Ash'ari Rh

(Imams of Hadith)
2. Imam Muhammad ibn Ismail Al-Bukhari Rh
3. Imam Muslim ibn al-Hajjaj Rh
4. Imam Nasa'i Rh
5. Imam Bayhaqi Rh
6. Imam Tirmidhi Rh
7. Imam Ibn Majah Rh
8. Imam Ibn Hibban Rh
9. Imam Daraqutni Rh
10. Imam Al-Hafiz Ibn Hajar al-Asqalani Rh
11. Imam Abu Dawud Rh
12. Imam Nawawi Rh
13. Imam As-Suyuti Rh
14. Imam Ibn Kathir Rh
15. Imam Dhahabi Rh
16. Imam Al-Hakim Rh

(Imams of Fiqh)
17. Sheikh Khatib Shirbini Rh
18. Ibn Hajar Haytami Rh
19. Imam Al-Rafi'i Rh
20. Imam An-Nawawi Rh
21. Al-Hafiz Izzuddin Abdus-Salam Rh
22. Imam Daqiiqul-Eid Rh

(Imams of Tafsir & Sirah)
23. Imam Mawardi Rh
24. Imam Al-Baghawi Rh
25. Imam Fakhruddin Ar-Razi Rh
26. Al-Hafiz Ibn Kathir Rh
27. Shaykh Khatib Al-Baghdadi Rh
28. Imam Al-Baydhawi Rh

(Other Leading Scholars and Religious Experts)

29. Imam Jalaluddin Al-Mahally Rh
30. Imam Taqiyuddin As-Subki Rh
31. Imam Tajuddin As-Subki Rh
32. Shaykhull-Islam Zakariyya Al-Ansari Rh
33. Imam Ramli Rh
34. Imam Al-Ghazali Rh
35. Imam Tabari Rh (who later became an independent Mujtahid)

See - it is a colourful, magnificent, glorious and supreme list of Ulama - who are the flagbearers and legacy of Rasulullah SAW.

Now - one may ask in irony - how come Bukhari, Muslim, Tirmidhi, Abu Dawud, Nasa'i, Ibn Majah - are all Shafi'is?

Were they not capable too?

Were they not pious?

Were they not accessible to the various sources of Deen?

Were they not closer in their time to Rasulullah SAW?

Were they not in an age when the reasonings in Islamic Law and the Arabic medium was understood crystal clear?

I tell you now - if there were Imam Bukhari Rh standing in front of me here on one side, and the other side was a charismatic critique-blogger from year 2009 with a loose tongue also in front of me - then of course I would want to follow Imam Bukhari Rh. Default selection by using the minutest basic intelligence.

And then I think I will want to ask Imam Bukhari Rh - why is it that you are following Imam Shafi'i Rh although you are a Hadith Master, the most authentic in nature, the strictest in requirements, and when you sit in Hadith readings during your glorious time, you didn't even need to use a pen to jot down notes, yet you memorised the narrations; you can memorise each hadith text, and their narrators right up to Rasulullah SAW; and you know the qualities, strengths and weaknesses of these narrators as if you knew them like your own family - then why still do you follow the juristic requirements of Imam Shafi'i Rh?

Why O Imam Bukhari Rh?

I can imagine, that the realistic answer from Imam Bukhari Rh to this hypothetical question would be:

"I am an expert in the collection of authentic narrations of Hadith, but the best integrator, systemiser of the evidences we have in the forray of Islamic Jurisprudence - so that every Muslim can abide by the rules of the Lord Almighty was Imam Shafi'i Rh.

Imam Shafi'i Rh is the scholar of Islam who developed established, integrated, and documented the systematised and cohesive form of fundamentals / origins for Islamic legal reasoning. This helped to further eradicate the problem when various sources of Hadith gave conflicting conclusions or so-seemed confusing / inconsistent."

The A-B-C for any Muslim who plans to understand the core-ultra-basics of Islamic Law is to firstly understand the term: Usul-ul-Fiqh.

What is it?

Well, Usul-ul-Fiqh, literally translates in Arabic as "The Origins / Fundamentals of the Laws" - which is the study of the origins, sources, and principles upon which Islamic Jurisprudence is based.

In narrow terms, it simply refers to the question of - what are the sources of Islamic Law?

In an extended sense, it includes the study of the philosophy and rationale of Islamic Law and the procedures by which the law applicable to particular cases is derived from the sources.

Thus, Imam Shafi'i Rh was responsible to raise the Sunnah of the Prophet Muhammad SAW to a place of prominence and fixed its position for legal use - that is to say - only practices directly passed down from the Prophet Muhammad SAW were valid. Imam Shafi'i Rh is best known for writing Al-Risalah, which is a prime example of applying logic and order to Islamic Jurisprudence.

Imam Shafi'i Rh was the one who established that there are basically four major sources of jurisprudence: that is -

(i) the Qur'an,
That is - Imam Shafi'i Rh established that the first source of law covers those duties made clear in the Qur'an. For example, Al-Risalah says that in the Qur'an men must "perform the Solat, pay the Zakat, perform the Hajj, and observe the Sawm (fast)". On the other hand, in the Qur'an, men are forbidden from "adultery, (the drinking of wine), eating (the flesh of) dead things and of blood and pork."

(ii) the Sunnah (Hadith) of the Prophet Muhammad SAW,
That is - the Sunnah covers those duties which are required by the Qur'an, but whose methods are made clear only through the words and practice of Muhammad SAW. Extending the examples cited for the first source, Al-Risalah describes "the number of Solah (each day) and the (amount of) Zakat and their time (of fulfillment)" as examples of issues that may be clarified through the Sunnah.

(iii) the Ijma' (consensus), and
Then, for those issues that are addressed by neither the Qur'an nor the Sunnah, the Ulama (Islamic Scholars) can be consulted in order to arrive at an Ijma (i.e. scholarly consensus).


(iv) Qiyas (analogy).
Finally, as a last resort, Ijtihad (personal reasoning) may be used to seek the truth. This personal reasoning entails the use of analogy (qiyas) to relate a specific issue to something that has already been addressed by any of the other three sources of Sacred Law.

In this day and age, this kitab is not easy to find. I was extremely fortunate to purchase this book, ironically in an "Islamic" bookstore in London porported by those who were rejecters of the Ahlus Sunnah Wal Jama'ah. Still, although being very hard-headed in their juristic preferences, they still cannot deny the legitimacy of Al-Risalah - as being a core reference for finding the means in deriving Islamic Law.

An example of the contribution of Imam Shafi'i Rh is as follows:

"If anyone does or says something before Rasulullah SAW, and Rasulullah SAW does not stop or rebuke the act / words, then this serves a proof as to the permissibility of this act, and this was solely to the undisputed fact that Rasulullah SAW was infallible. Others beside Rasulullah SAW cannot rely on this, as they are not infallible."

In the foray of Hadith sciences, Imam Bukhari Rh, who was also Shafi'ite said:

"Other than Rasulullah (SAW), the silence of someone cannot be advanced as proof."

Hence, all of the above is through the rigorous application of legal principles as opposed to speculation or conjecture. It is considered one of the most conservative and most systematic of the four schools of Islamic Jurisprudence.

For this reason, Imam Shafi'i Rh is also known as the "First Among Equals" for his exhaustive knowledge and systematic methodology to religious science. His approach to Islamic Jurisprudence has become the standard reference of the scholars not only among his School but among others as well.

There is hence - the famous Fiqh saying:


"The Shafi'is Are The Pillars of Our Religion (of Islam)."


May This Be Beneficial and A Means of Guidance.

Jazakamullahu Khairan Katheer.

Who Has The Authority To Interpret The Qur'an & Hadith ?

Allah SWT states in the Qur'an:

"Hence, ask those with (knowledge) of the Divine Book if you know not."

The above verse is clear that one should refer to the Ulama (learned scholars) in matters of Deen (religion). When a person requires advise on a worldly matter, he refers to an expert on that matter. Similarly, in religious matters, one should refer to an expert in religion.

One should be cautious that in pursuit of gaining satisfaction, he/she does not become disrespectful to the learned scholars of Deen.

In worldly affairs, derogating the opinion of any expert may not cause any serious repercussions beyond the earthly existence but to lose respect of the learned scholars of Deen is extremely hazardous to one's faith.

It is stated in one Hadith:

"Whomsoever shows no mercy to our youngsters, does not respect the elders among us, and exalts not our Ulama (learned scholars) is not of us."

Therefore, a person should follow such an Aalim (scholar), in all Deeni (religious) matters as long as he is consistent upon the Sunnah. If any doubt arises in his piety, another Aalim may be consulted.

Allah SWT says in the Noble Qur'an,

"Verily those that fear Allah from among his slaves are the Ulama."

True Ulama are those who have true knowledge of the Shari'ah and by virtue of their knowledge attain a colour of the fear of Allah in them. They endeavour to accomplish the orders of Allah in every walk of their life, domestic, social and political. In order to achieve the ultimate spirit of knowledge, the obedience to Allah SWT and His Rasul SAW, one needs to examine the lives of the preceding Allah-fearing Ulama and the knowledge they acquired in order to imbibe in them such outstanding qualities. Among the torch bearers of true knowledge and guidance after the illustrious Sahabahs RA were the four famous Imams of Fiqh who possessed deep understanding of the Shari'ah. They extracted the fundamental rules and principles of Shari'ah in the light of the Qur'an and Ahadith and thereby extracted many Shari'ah rulings. The fundamental rules and principles are known as Usul-ul-Fiqh and the laws extracted there from are known as Fiqh.

In brief, an Aalim should be well acquainted with the Qur'an and its sciences of commentary as well as its commentary (Usul-ul-Tafsir and Tafsir), he should be well acquainted with the sciences of commentary of Ahadith and Ahadith (Usul-ul-Ahadith and Ahadith). Obviously, since the Qur'an and Ahadith are in Arabic, one has to study Arabic and have profound knowledge of Arabic language as well.

In traditional Islamic institutions of Academic Islamic studies, the above subjects are offered over a period of approximately eight years. Thereafter, one may spend another two years to study a specialist course in Qur'an, Ahadith or Fiqh. Furthermore, in traditional institutes much emphasis is made on good character, conduct and fear of Allah.

(Today unfortunately many people go to Arabia for a three-year university degree and believe / expect to have the same kind of proficiency. It is a joke.)

So basically, to become an Aalim, a person would have to enrol into a reputable institute of Islamic higher learning. That person must also spend time with other Ulama to increase knowledge and learn about contemporary issues and witness how the Shari'ah is interpreted and brought to life. As, attaining entry into Jannah – that is the goal of each and every one of us, InshaAllah i.e. we all need to follow the Shari'ah to its fullest.


SOME ISSUES WHICH HAVE CONFUSED US NON-SCHOLARS – AND WITH THAT CONFUSION AND MISUNDERSTANDING – HAVE POLLUTED OUR PRINCIPLES OF BELIEF, THOUGHTS AND ACTIONS

Misunderstanding: Modern vs. Classic

These days some people say that now we have access to books easily which Ulama before did not have access to. They had to travel far just to get one Ahadith. Therefore it is so-said that contemporary "scholars" can make better decisions because they have access to more knowledge.

This is obviously wrong. Firstly, true contemporary Ulama make decisions that are all based on the views, explanations and interpretations of their predecessors. True Contemporary Ulama are dependent on their predecessors. Yes, nowadays, we do have easier access to books than before. However, this is only with reference to 'access books'.

As for knowledge and expertise, then this was found to a far greater extent in the earlier times. The earlier scholars sacrificed much more for knowledge and they possessed much more expertise in all fields of knowledge which is why contemporary Ulama are dependent on their interpretations and explanations.

Another important aspect is this that our Pious Predecessors lived closer to the time of Nabi SAW. Our pious predecessors had the opportunity to experience, learn and practice the teachings, understanding and approach of Rasulullah SAW. During the time of Nabi SAW, Deen was complete. It was then passed on generation by generation down till today. Thus we cannot compare the understanding of Imam Shafi'i RA with contemporary pious Ulama. But it is very wrong to then act by then ignoring these Ulama and then rely on our own thoughts to understand.

On the other hand, secular education changes daily. The more technology progresses, the more deductions man makes. Hence, in technology, contemporary scientists have more exposure and are more capable than previous times.


A Historical Background of the Refutation of Ahadith and the Authenticity of its Compilation

The Ahadith of Rasulullah SAW have been unanimously accepted by the entire Ummah as the source of Islamic Law, after the Noble Qur'an. In fact, upon pondering, it can be concluded that the entire Ahadith contain the real essence of Islamic Law (Islamic Shari'ah) as Ahadith comprise of the mubaraq beautiful words, actions and approvals of the Holy Prophet SAW who has interpreted the Noble Qur'an and defined its object and purpose.

However, it is regrettable that a certain group of people influenced by the corrupt western culture and "civilisation," have begun refuting Ahadith.

In the beginning of the twentieth century, when the Western nations dominated over Muslims, many Muslims of poor understanding and little knowledge became overwhelmed by western ideologies and concepts. They opined that progress was impossible without upholding and adopting the western lifestyle. They began propagating this concept among the masses. In order to propagate this concept they distorted all the Islamic teachings that opposed this western culture and ideology. This group was called the modernists.

Among the leaders of such groups were people like Sir Sayed and Ahmed Khan of India, Taha Hussain of Egypt and Ziyad Khog of Turkey. It should be borne in mind that the objects and aims of this group could not be achieved without rejecting Ahadith because, Ahadith contain detailed guidelines to every aspect of life which are totally opposed to western norms and trends.

Consequently, a group among this cult began to negate Ahadith and called themselves the "Qur'anic Group". Sir Sayed and his companion Moulvi Chirag Ali were the founders of this movement in India. They did not negate Ahadith completely; instead they rejected all those that were contrary to their aims and objectives and their limited understanding and reasoning even though all these Ahadith were authentically narrated. They discreetly propagated that Ahadith are not legal Shari'ah proof in this age and era. This led to the legalising of interest and usury; the rejection of the Prophets, the denial of the Angels, the negation of Hijab and other essentials of Islam, and moreover, legalising of prohibited things.

Thereafter, Abdullah Chakardalwi formed a group called, Qur'anic Group (Jemaah Al-Qur'an) and his object was the total rejection of Ahadith. This concept was further promoted by Aslam Inerajpuri. Finally, Gulam Ahmed Parwez established this erroneous belief among the masses through his influential writings. This fitnah spread widely in his period (era). Basically this fitnah revolves around 3 different beliefs i.e:

1. The nonsense belief that the Holy Prophet's SAW mission was to deliver the Qur'an only

2. The nonsense belief that obedience is restricted to the Qur'an only.

3. The nonsense belief that adherence to the Holy Prophet SAW is not binding upon us, nor was it binding upon the Sahabah RA.

These three concepts implied three further false notions:

1. The lie that Divine Revelation was only in the form of the Qur'an. Hence there is no need for Ahadith.

2. The lie that the Sayings of the Holy Prophet SAW were binding and obligatory upon the Sahabah RA only, not upon us.

3. The lie that the teachings of the Holy Prophet SAW are binding upon the entire Ummah. However, due to Ahadith being unauthentic, we are not obliged to accept them.

All these concepts are totally false and absolutely and wholly rejected by the grand jamaah of Muslims in this world i.e. the Ahlus Sunnah Wal Jamaah lead by theUlama. Numerous verses of the Noble Qur'an, prove that divine revelation besides the Noble Qur'an, was revealed to the Holy Prophet SAW.

Somehow, common sense has been lost by these nonsense makers. The mission of the Holy Prophet SAW as mentioned in the Noble Qur'an is to teach and explain the Noble Qur'an and its wisdom. If Ahadith are rejected, can this object of teaching and explaining the Qur'an be realised?

Another clear indication towards the authenticity of Ahadith is the fact that the Noble Qur'an commands us to show obedience to the Holy Prophet SAW together with obedience to Allah. In one verse, obedience to the Holy Prophet SAW has been regarded as the basis of Iman. Logically, it is not possible to follow the Qur'anic injunctions without Ahadith as the details of many Qur'anic injunctions such as Solat, Zakat, Hajj, etc. are explained in Ahadith. The entire Ummah has accepted the authenticity of Ahadith in order to make the divine injunctions practical. Can it be claimed that the entire Ummah is misguided? Such nonsense is baseless.

The fallacy of the second (concept) belief i.e. as so to say – the obedience of the Holy Prophet is binding upon the Sahabah RA only, is evident and exposed that needs no further elaboration.

This concept implies that the Prophethood of the Holy Prophet SAW was restricted only to the period of his companions whereas numerous verses of the Qur'an very clearly indicate the opposite:

(MAFHUM)

"O people I am a Prophet to all of you."

"We did not send you except to all the people, as a giver of glad tidings and as a warner."

"We did not send you, except as a mercy to all the worlds."

"Blessed is the one who revealed the Furqan (Qur'an) that he may be a warner to the worlds."


Another question that arises with this concept is: Are the Sahabah RA who witnessed the revelation of the Noble Qur'an more in need of its explanation or are the ones that came after them more in need?

The third concept is also totally unacceptable because the Qur'an has reached us through the same method as Ahadith have reached us.

If Ahadith are unauthentic, can one declare the Noble Qur'an unauthentic as well?

The divine promise of safeguarding Noble Qur'an embodies the safeguarding of Ahadith also, because Ahadith explain the Qur'an without which one cannot practise upon the Qur'an.


A FINAL ADVICE

For any deed to be accepted by Allah SWT there must be two basic requisites:

(1) Ikhlas – from Laa Ilaa Ha Illallah

(2) Sunnah – from Muhammadar Rasulullah (SAW)

If someone is doing a religious action with full Ikhlas, but without Sunnah, for example if someone prays Zuhur with sincerity, but does five rakaats – then Allah SWT will not accept this deed.

On the other hand, If someone is doing a religious action with full Sunnah, but without Ikhlas, for example if someone reads Qur'an in musabaqah (competition) beautifully, but with the intention to win the prize money and not the pleasure of Allah – then again, Allah SWT will not accept.

It is also important to understand the term "Ahlus Sunnah Wal Jamaah". Literally, it translates as, "The people of the Sunnah (way of Nabi SAW) and the Majority."

Therefore, the leader of the Ahlus Sunnah Wal Jamaah is undisputedly Nabi SAW himself and his illustrious Sahabah RA.

Nabi Muhammad SAW said:

"My Ummah will split into 73 factions, all will enter the fire save one."

The Sahabahs (RA) enquired:

"Which is that faction (that will be saved)?"

Nabi SAW replied:

"(The one that follows) my way and the way of my companions." (Mishkat)


Nabi SAW also:

"Follow the way of the majority. He who separates himself from the majority will be alone in the fire." (Ibid)

In view of the above Ahadith (and similar other Ahadith),the Ulama (scholars) among the (Pious Predecessors) began using the term Ahlus Sunnah Wal Jamaah to differentiate between the path of truth and the already widespread Fitnah (mischief) of sectarianism. Therefore, it is obvious that the criteria for the true way will always be conformity to the Sunnah way of Nabi SAW and the beliefs of the Muslim majority.

As a final note, let us all of us remember that there is always opportunity to seek knowledge. But to fully understand, there is no short-cut but to sit with the Ulama. Knowledge earned from Emails / the internet cannot replace the wisdom and understanding obtained directly from the Ulama.

The Verdict On Taqleed (Adherence)

NOTE: THIS ENTRY IS QUITE LONG BUT VERY IMPORTANT. PLEASE READ.

Introduction Question to the Ulama:

Some people say that Taqleed (Adherence to a madhab of an Imam) is Haraam in the Shari'ah (na'udzubillah). They insist that a true Muslim should only follow the Qur'an and Sunnah, and they say that it is equivalent to shirk (polytheism) to follow an Imam in matters of Shari'ah. They also claim that the Hanafi, Shafi'i, Maliki and Hanbali schools were formed some two hundred years after the Holy Prophet Muhammad SAW, therefore they are bid'ah (na'udzubillah) i.e. an innovation not approved in the Qur'an and Sunnah. They also stress that a Muslim should seek guidance directly form the Qur'an and Sunnah, and that no intervention of an Imam is needed to practice upon the Shari'ah. Please explain to what extent this view is correct?


Answer:

The answer to the above mentioned question follows and among the first things to be determined is what is Taqleed.


Definition of Taqleed

Literal: Taqleed is a verbal noun of the root ‘Qa' 'la' 'da' in the second form. The verb Qa-la-da means - to place, to gird or to adorn with a necklace. When used in conjunction with human beings, it refers to the wearing of a necklace, pendant or any other such similar ornament.

Technical: Taqleed is the acceptance of a statement of another without demanding proof or evidence on the belief that the statement is being made in accordance with fact and proof, or, for the purist - Taqleed-ush-shakhsi.


Taqleed – A Qur'anic Command

The basis for Taqleed is a Qur'aanic command -

"And, ask the People of Knowledge if you do not know." (Al-Qur'an)

Thus the general principle of Taqleed is enshrined in the Qur'an. Denial of this principle is, therefore, an act of kufr which expels the denier from the fold of Islam.


Daleel (Proof) of Taqleed

Aswad bin Yazid narrates:

"Mu'adh came to us in Yemen as a teacher and commander. We questioned him regarding a man who had died leaving (as his heirs) a brother and sister. He (then gave the ruling and) decreed half the estate for the daughter and half for the sister. This was while Rasulullah SAW was alive." (Kitaabul Faraa'idh - Bukhari and Muslim)

It will be realised from the above Hadith that Taqleed was in vogue even during the time of the Prophet SAW. The questioner in the Hadith did not demand proof or basis for the decree. He accepted the ruling, relying on the integrity, piety and up-righteousness of Mu'adh bin Jabal RA. This is precisely Taqleed. Secondly Rasulullah SAW did not criticise or reject the people of his age, who followed Mu'adh bin Jabal RA, nor has any rejection or difference on the issue been narrated by anyone else. The permissibility and validity of Taqleed are therefore evident, especially so because of it's prevalence in the glorious time of Rasulullah SAW.

The above Hadith further furnishes proof for the concept of Taqleed-us-Shakhsi. Rasulullah SAW had appointed Mu'adh RA to provide religious instruction to the people of Yemen. It is, hence, evident and certain that Rasulullah SAW granted the people of Yemen the right and permission to refer to Muadh bin Jabal RA in all affairs of Deen.

Huthail bin Shurgbeel RAsaid:

"(Once) Abu Musa was questioned, then Ibn Mas'ud was questioned. Ibn Mas'ud was informed of Abu Musa’s statement. Ibn Mas'ud differed with it. Thereafter Abu Musa was informed (of his difference). He (Abu Musa RA) then said: "Do not ask me as long as this 'Aalim of Deen is among you."

It will be understood clearly here that Abu Musa RA in directing the people towards Ibn Mas'ud RA by his command, "Do not ask me as long as this 'Aalim of Deen is among you," was mandatory regarding all matters of Deen.

This, in fact, is Taqleed-us-Shaksi which means to refer every religious question to a particular 'Aalim because of some determining factor, and to act according to his verdict. The Ahadith above indicate that "Taqleed-us-Shakhsi" is not a new concept. Its existence is from the very epoch of Khairul Qurun (the three golden eras of Islam adjacent to the age of Rasulullah SAW) is an established fact).


Taqleed in General

The faculty of Taqleed is inherently existent in us. If we had refrained from the Taqleed of our parents and teachers then today we would have been deprived of even the basic and preliminary needs of humanity. By nature, man is endowed with the ability to imitate and follow others. If this was not the case, we would not have been able to learn our home language. If we had refused to accept unquestioningly without demanding proof on every command, beck and call of our teachers, then we would have been ignorant of even the alphabet of a language, let alone the study and writing of our books. Our whole life – every facet of it, eating, drinking, donning garments, walking, earning, etc, is connected with this very concept of Taqleed. If the fundamentals and technical terminology of every branch of knowledge was not acquired on the basis of Taqleed, i.e. without questioning the authority of the masters, then the proficiency in such knowledge could not have been attained.


The Necessity of Taqleed

There are two types of wujub (compulsory nature of something) in Islamic jurisprudence:

1. wujub biz zaat
2. wujub bil ghair

Wujub biz zaat means compulsory in itself, for example the commission or omission brings about the compulsion, such as the commission of Solat and the commission of polytheism etc.

Wujub bil ghair refers to such acts which are not normally compulsory in themselves, but they constitute the basis for actions commanded in the Qur'an and Hadith and normally it is not possible to execute the commanded practises without also executing their basis. Therefore, wujub bil ghair means compulsory by virtue of an external factor. It is from here we derived the universal rule, "the basis of a wajib is also wajib" and this is the exact rule which governs the compulsory nature of Taqleed-ush-Shakhsi.


Evils of Discarding Taqleed

It is established by observation and experience that in this age most people are governed by selfishness, baneful motives, lust, insincerity, mischief, strife, anarchy, opposition to the consensus of the Ahdul-Haq, and subjection of the Deen to desire. This is manifest and self-evident. The Ahadith on fitan (strife) have forewarned us of the rise of these baneful traits in man. The Ulama (scholars of Islam) are well aware of this. It is for this reason (i.e. baneful traits) that in the absence of Taqleed-us-Shakhsi, great harm, mischief, disruption and corruption will reign in the Deen. One of the destructive evils which will raise its head in the absence of Taqleed-us-Shakhsi is self-appointed Mujtahids. Some persons will consider themselves to be Mujtahids and embark on the process of Qiyas (Shar'i analogical reasoning) and they will consider themselves to be of equal or greater rank than the illustrious Mujtahideen of the early ages of Islam. The previous Mujtahideen have reliably stated that some laws are Mu'all'al (based on certain causes). Citing this some modernists and liberalists have claimed that the command of wudhu for Solat is mu'all'al, it being the consequence of the early Arabs being camel-herds and goatherds. Since their occupation of tending animals exposed them constantly to impurities, the command of wudhu was formulated. On this basis they claim that since people of the present time live in environments and occupations of greater hygienic conditions, wudhu is no longer necessary for salaah. They conclude thus - the permissibility of Solat without wudhu (na'udzubillah).

Similarly, it is claimed (by such self-styled mujtahids) that the wujub of witnesses in the Nikah ceremony is mu'all'al, the need of witnesses being occasioned by the occurrence of a dispute which may arrive in the future. The presence of witnesses will facilitate the resolving of disputes between the contending marriage parties. On this basis they conclude that should there a time exist when there would no longer be danger of dispute, the Nikah will be valid without witnesses (na'udzubillah).

Another evil resulting from the discarding of Taqleed-us-Shukhsi is to practice in accordance if the esoteric (zahir) façade of certain Ahadith whereas such a practice is certainly not lawful. Since the discarder of Taqleed-us-Shakhsi sees himself unchecked and unfettered he follows the dictates of his desires. An example of this type of Hadith is as follows: "Rasulullah SAW performed Zuhr and Asr together and Maghrib and Isha' together without (the expediency) of fear and journey (as narrated in Sahih Muslim). At face value the Hadith indicates the permissibility of performing Zuhr and Asr as well as Maghrib and Isha even if there exists no valid reason for this practice. But, without any doubt, the unification of Solat without reason is not held permissible by any authority. The correct meaning of the above Hadith is arrived at by Ta'weel i.e. interpretation via the faculty of Ijtihaad. Practice in accordance with the mere façade of the words used in such cases will result in an opposition to Ijma (consensus of the Ummat), and such conflict is Haraam. The summary of what has been said is - Taqleed-us-Shakhsi is the basis for a wajib aspect (i.e. acting in accordance with the commands of the Shari'ah) and the basis of a Wajib is also Wajib, hence Taqleed-us-Shakhsi is likewise Wajib. One who has discarded Taqleed, even if he does not resort to Ijtihaad himself, nor follows the meaning conveyed superficially by the words, will, in difficult Masaa'il (juristic ruling) accept the verdict of any authority. He will at times follow one Imaam and at other, another. In this way he will sometimes practice in opposition to Ijma (consensus of the Ulama), and on occasions, even if the result is not in conflict with Ijma he will resort to the verdict which appeals to his whims and fancies and by means of which worldly motives are available. Thus, he will submit the Deen to the dictates of the nafs. We seek Allah’s protection from such deviation.


Taqleed Restricted Only To The Four Madhabs

There are numerous Mujtahideen. It may therefore be argued that Taqleed of any Mujtahid should suffice. What is the reason for restricting Taqleed to the four Imams only? It was realised from the exposition of the wujub of Taqleed that adoption of different verdicts leads to anarchy. It is therefore imperative to make Taqleed of a Madhab which has been so systematically formulated and arranged in regard to principles (Usul) and details (Furu) - that answers to all questions could be obtained either in specific form or in deducted form based on principles, thereby obviating the need to refer to an external source. This all-embracing quality by an act of Allah Ta’aala is found existing in only the four Madhabs. It is therefore imperative to adopt one of the four Madhabs. This has been the accepted practice coming down the ages from the early times in an unbroken chain of transmission, from generation to generation. The emphasis on this aspect of Taqleed is so profound that certain Ulama have restricted the Ahlus Sunnah Wal Jama'ah within the confines of the four Madhabs only.


A Baseless Question

The anti-Taqleed lobby attempts to hoodwink unwary Muslims by asking the question:

"Did these Madhabs exist during the time of Rasulullah SAW and the Sahabah?"

In response it could be asked:

"Did the compilation - Sahih Bukhari - exist in the time of Rasulullah SAW? Did the Qur'an (in the form we have it) exist during the time of Rasulullah SAW?"

If they respond by saying "Yes", then we to shall retort that the Madhabs did exists in the time of Rasulullah SAW. In fact, this very question posed by deviants, exhibits either their gross ignorance or their deliberate to hoodwink the unwary. If the madhab did not exist during the time of Rasulullah SAW and the Sahabah RA, the logical conclusion is that the entire Shar'iah which the illustrious Imams have expounded is not the Shar'iah taught by Rasulullah SAW and the Sahabah RA. But, this is absurd and preposterous. So it is important to clearly understand that the teaching of all the Madhabs are in fact the teachings of the Qur'an and the Sunnah. Nothing in the Madhabs conflicts with the Qur'an and Hadith. The different ways e.g. methods of Ibadah, etc. which the Madhabs are applying, are the ways and methods of the Sahabah RA which they had acquired from Rasulullah SAW. The differences were inherited from the Sahabah RA and such differences are by Divine Decree, hence Rasulullah SAW said: "The differences of my Ummat is a Rahmat". Whether anyone understands this fact that, 'Rahmat' (Mercy) is emanating out of the authoritative differences of the Fuqahah of the Ummat is of no substance. The fact that Rasulullah SAW proclaimed such differences to be the effects of Allah's Mercy is sufficient. Thus, there is nothing detestable in the differences prevailing among the Madhabs. These valid and authentic differences do not bring about disunity, as is stupidly asserted by the modernist deviants. The ignorance of people and their desires are infact the causes of disunity. While the terms, Hanafi, Shafi'i, etc. did not exist in the time of Rasulullah SAW and the Sahabah RA, the teachings of these Madhabs, all had existed. While Sahih Bukhari did not exist, the Ahadith contained in the book did exist. It is, therefore, stupid to pose the question of the Madhabs during the time of Rasulullah SAW. There is unity in this diversity. Deen is the product of wahi (revelation), not the result of man's desires. Since the hawa (desire) cannot find free-play within the chains of Taqleed the aim of the deviates is to refute the concept of Taqleed. But, breaking the chains of Taqleed is to enchain oneself with the shackles of the nafs.


Why Is It Necessary To Make Taqleed Of Only One Imam (Taqleed-us-Shakhsi)

The question arises, Why is it necessary to follow only one Imam? What is wrong if one mas'alah (ruling) is taken from one Imam and another from another Imam, as was done in the time of the Sahabah RA and Tabi'in. In those times the whole Madhab was not confined to one person.

The answer to this question is that in those times good was prevalent. Generally the lowly desires did not have any effect, influence or agendas in the matters of Deen. Whoever used to refer to any of his elders regarding any mas'alah, used to do so sincerely and he also used to act upon the verdict given to him whether it be to his benefit and desires or not. Later, sincerity to that degree and piety did not remain amongst the people. Such urge was present in people to ask one Aalim a mas'alah, and if it did not suit them, then they referred that mas'alah to another Aalim until they found a verdict that suited their desires. Gradually, for every mas'alah - they had the urge to look for a suitable reply. It is obvious that such people are not seeking the truth. Sometimes the consequences is very serious, e.g. a person in the state of wudhu touches his wife. A person following the Shafi'i madhab tells him that - "Your wudhu is broken, therefore remake your wudhu". He replies "No, I am a muqalid of Imam Abu Hanifah RA; according to him this does not cause the wudhu to break. I can read Solat with the wudhu. Then the person vomits a mouthful, a person following the Hanafi madhab advises him to make wudhu as his wudhu has broken; then this person replies that I am making Taqleed of Imam Shafi'i RA and according to Imam Shafi'i RA vomiting does not cause the wudhu to break. A person can read Solat with such a wudhu. If this person reads his Solat with this wudhu then his Solat will not be valid according to both - Imam Shafi'i RA as well as Imam Abu Hanifah RA. This is called Talfeeq and there is Ijma and consensus of the Ulama that Talfeeq is ba’til and impermissible. In reality by doing this a person does not make taqleed of Imam Shafi'i RA or Imam Abu Hanifah RA, but he is following his desires, and the Shari'ah has prohibited us from following our desires. Its result is going astray from the path of Allah Ta'ala.

Allah says in the Qur'an:

"And do not follow your desires (in future too) for it will lead you astray from the path of Allah." (Surah Hud: Ayat 26)


Therefore it is NECESSARY and WAJIB to make Taqleed of one Imaam only. It is for this reason that the Qur'an has commended adherence towards Allah repeatedly.

Allah Ta'ala says:

"And follow the way of that person who turns towards me."

Generally someone feels according to his strong presumption that Imam Abu Hanifah RA is most probably correct and munib (has good quality of ibadah), that is, his Ijtihaad conforms more with the Qur'an and Hadith. That is why he has opted to make Taqleed of Imam Abu Hanifah RA. Another person has this strong feeling that Imam Maalik RA's Ijtihaad conforms with the Qur'an and Hadith, therefore, he makes Taqleed of Imam Maalik RA. Someone has the similar feeling regarding Imam Shafi'i RA's Ijtihaad, that is why he makes Imam Shafi'i RA Taqleed and someone for this very reason makes Taqleed of Imam Ahmad bin Hanbal RA.


Talfeeq And Changing Madhabs Is Not Permissible

It is not permissible to leave taqleed made upon one Imaam and follow another Imaam when one wishes. When this is done without permission from the Shari'ah it leads to talfeeq, it also causes one to follow one's desires resulting in going far away from the truth and being led astray.


Madhab Of A Revert To Islam

Another frequently asked question arises as to what is the hukum (ruling) for a convert to Islam; or for one who wishes to switch from his state of non-taqleed to taqleed? Which Madhab does he have to follow?

The answer to the above is - if such a person lives in a place where a particular Madhab is dominant, then he/she should follow the Madhab by virtue of its dominance. If he/she happens to be in a place where several Madhabs are practiced on a more or less equivalent basis, then he/she will be free to choose any Madhab acceptable to him/her. However, once the choice is made he/she will be obliged to remain steadfast on the Madhab of his/her choice. In cases where it is difficult to act in accordance with one's Madhab e.g. due to a death of Ulama of one's Madhab; moreover for the one who is not an Aalim - it will be permissible, in fact compulsory, to adopt the Madhab which happens to be dominant in the place where one happens to be. For a person in such circumstances Taqleed-us-Shakhsi of his/her former Madhab will not be compulsory. He/she will be obliged to choose from the four Madhabs - the Madhab which is dominant in his particular circumstance. However, such cases are rare. The general rule in force is the wujub (compulsion) of Taqleed-us-Shakhsi.


The Spiritual Disease Of Admut-Taqleed

Admut-taqleed (abandonment of taqleed) is a disease spread by Shaytaan. Shaytaan's plot is always to destroy the Deen and the best and the most effective way to achieve this evil aim is to negate the concept of taqleed. The Sunnah is inextricably interwoven into the fabric of taqleed. Once a man abandons taqleed of the Madhabs he is left with no guidance other than the deviation of his nafs. While he pretends to possess the ability to formulate the Shari'ah directly from the Qur'aan and Hadith, he can venture no further than picking and choosing from the various opinions and rulings of the illustrious Imams. In so doing, he follows the base desires of his nafs. Once the authority of the Four Imams has been shrugged off, the Muslim is cut off from his Imaani moorings. He will then drift in the ocean of deception and desire which Shaytaan has prepared for him. Admut-taqleed is thus a fatal spiritual disease which can lead to the destruction of one’s Imaan.


The Sunnah

In the present time the Ahlus Sunnah Wal Jama'ah is confined to the four Madhabs. Whoever searches for the path of the Sunnah beyond the confines of the four Madhabs will deviate in to Baa'til. Since every teaching of the four Madhabs is the Qur'an and the Sunnah, deviation therefrom is to deviate from the Sunnah.

Those who deviate from the Sunnah are destined for Jahannam according to the explicit pronouncement of Rasulullah SAW who said:

"Bani Israel split into seventy-two sects. My Ummat will split into seventy-three sects. All of which, save one, will be in the fire."

When he was asked regarding the sect which will be saved from the fire.

Rasulullah SAW said:

"That path on which I and my Sahabah are."

Salvation (Najaat) in the Hereafter (Aakhirah) therefore depends on donning the mantle of Taqleed. We should strive to ensure our safety from the ingeniously subtle designs of Shaytaan to drag us with him into eternal punishment. Shaytaan has nothing to loose. Remember that.

(Based on the advice of Darul Uluum Student-Aalim, Holcombe, Bury, United Kingdom)

Taqlid 103

FIQH: TRADITIONAL AHLUS SUNNAH WAL JAMAAH - HANAFI, MALIKI, SHAFI'I, HANBALI


THE ROLE OF TAQLID IN THE SHARI'AH OF ISLAM

The essence of guidance is derived from the Holy Qur'an - "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 SAW in order to explain them to mankind.

For example, the Holy Qur'an says: "Aqimus-Solat" ("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. "Solat" is explained by the Holy Prophet SAW.

"Wa 'Atuz-Zakat" ("And give charity"). Now the Zakat 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'an.

"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 Muhammad SAW.

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

A direction from Rasulullah SAW in the Hadith informs us:

"Also perform your prayer just as you see me perform my prayer." (Bukhari)

It is not said: "Perform your prayer in the manner you may infer from the Holy Qur'an."

Hadith is divided into different categories:

1. The sayings of the Holy Prophet Muhammad SAW
2. The acts and doings of the Holy Prophet Muhammad SAW
3. The sayings, acts and doings of others, approved by the Holy Prophet Muhammad SAW

All these categories of Ahadith give guidance to the Ummah.


QIYAS

When the Prophet Muhammad SAW was asked a question, he (SAW) 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 SAW 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 SAW 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 SAW then continued: "Fulfill what is on her behalf. Certainly, the duty and right of Allah would be more acceptable."

This kind of reasoning is called Qiyas, Ijtihad, or Istimbat in Shari'ah. These are only used in Shari'ah when the Qur'anic or Traditional directives are not specifically spelt out.


THE EPISODE OF MU'ADH BIN JABAL R.A.

The Holy Prophet SAW sent Mu'adh ibn Jabal RA as a governor and qadhi to Yemen. The Holy Prophet SAW gave to Mu'adh RA many instructions and advices even while he held the reins and led the horse with Mu'adh RA mounted on it.

The Holy Prophet SAW also asked:

"By which law would you dispense justice?"

Mu'adh RA replied:

"By the Law of the Holy Qur'an."

The Holy Prophet SAW counter-questioned:

"And if you do not find it (i.e. what you seek) in the Holy Quran?"

Mu'adh RA replied:

"By the Prophetic Traditions."

The Holy Prophet SAW continued:

"And if you do not find it in there also, then?"

Mu'adh RA responded:

"Then I would make Ijtihad."

The Holy Prophet SAW expressed his happiness with Mu'adh RA's reply and fully endorsed and supported his stand and thanked Allah for it. (as narrated in Sunan Abu Dawud)

When after such an Ijtihad is made, and all the Ulama (scholars of Islam) 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. In other words - it was actually in the Holy Qur'an or the Ahadith; and the Mujtahid, by Dalalatan, 'Isharatan or Iqtdha'an (these are technical terminologies), 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 Muhammad SAW sent Mu'adh ibn Jabal RA as Qadi so that people could act upon his instructions and guidance derived from the Holy Qur'an, the Ahadith and his Ijtihad. To accept all three would in reality be obedience to Rasulullah SAW as mentioned before.

Abu Hurairah RA reported that the Holy Prophet Muhammad SAW 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 i.e. rulings or precepts are of four kinds:

1. Clear instructions from the Holy Qur'an and Ahadith. No Qiyas is allowed nor Taqlid permissible. The order is to practice on the clear injunction.

2. 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 are not permitted.

3. Those propositions that have two clear injunctions but it is not known which is earlier and which later, i.e. no historical evidence.

4. Those propositions of which there exist no clear injunctions.

So here - Propositions 1 and 2 are clear; the last two i.e. 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'anic verses state: "Is man under the notion that he will be left free?"; and

"Do you think that you have been created in vain?"

It is thus - not so. So we have to obey Allah's command every second.

So 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.

It is thus 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 and this is mentioned in Sahih Bukhari.


HOW DID THE FOUR SCHOOLS OF THE AHLUS SUNNAH FORM?

Here exists a doubt that there were many Mujtahids among the Sahabah RA, the Tabi'in and Tabi-Tabi'in; But only the "I'ima Arba'a" i.e. Imam Abu Hanifah RA, Imam Maalik RA, Imam Shafi'i RA and Imam Ahmad ibn Hanbal RA are followed and Taqlid made of them. So what is wrong in following the Sahabah RA, whose virtues have been abundantly mentioned in the Holy Qur'an and the Ahadith?

Let us be absolutely clear here that there is no doubt that the Sahabah RA have a far greater status and position than the I'ima Arba'a. Anyone does not make Taqlid of any one of the I'ima Arba'a ever thinking them to be greater than the Sahabah.

Its simple reason is that 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 Imams were the first and only Ulama 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 Sahabah RA or other Tabi'in. Thus - 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'an and the Ahadith.

It is said by Shah Waliullah RA in the commentary of Muwatta' Imaam Malik that these four Imams together have encompassed the entire knowledge of the Holy Qur'an and Ahadith to such a degree that not a single Hadith which was reported by the Sahabah RA was omitted by them.

Clarification is further required regarding another doubt in most minds - What is the necessity of making Taqlid of only one Imam? One should be allowed to follow any of the Four Imams in the different issues as was the method in the time of the Sahabah RA. Madhab was not confined to a single Imam. Why must such concessions not be allowed in our times?

A solid answer is imperative here. The response is - in the time of the Sahabah RA, which was the best of times, there was no ulterior motives regarding religious questions. Thus, 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'i Madhab nullifies Wudhu. Now when he is told to make Wudhu, he replies: "I make Taqlid of Imam Abu Hanifah RA and it is not a breaker of Wudhu according to his Madhab, therefore my Solat will be valid." Now this same person then vomits, which according to the Hanafi Madhab, breaks Wudhu. He is now told to make Wudhu. He then replies: "I now make Taqlid of Imam Shafi'i RA; and in his school, it is not a nullifier of Wudhu, therefore my Solat is valid".

If this person (who has on the one hand, touched his spouse, and on the other hand, vomited) has to perform his Solat with such a Wudhu, it would neither be correct by Imam Abu Hanifah RA nor by Imam Shafi'i RA. 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 Madhab, Imam or Mujtahid is so that one would not fall into the temptations of following one's own desires.

The Holy Qur'an 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, the Ulama - who had the treasures of knowledge, who were in their personal capacities libraries with encyclopaedic knowledge. Their piety constituted perfect examples in emulation of the Sahabah RA. Their entire life was spent in accordance with the Sunnah of Rasulullah SAW. And yet they also followed one of the Four Imams; 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 only.

Today people claim that they can open a hadith kitab and pick out Hadith here and there and "establish" rulings for their lives. But do they know that the noble personalities who collected, sifted and authenticated these Ahadith themselves, during the golden age of Islam, with great pain and patience - ALL were Muqallids? Such ignorance and arrogance only fumbles a person's ego into stupidity. May Allah SWT save and guide us all. Ameen.

The Four Madhabs - The Hanbali School of Jurisprudence

THE HANBALI MADHAB

The Founder: Imam Ahmad bin Hanbal RA (778-855 CE)

The scholar to whom this Madhab is attributed is Ahmad ibn Hanbal Ash-Shaybaani RA, who was born in Baghdad in the year 778 CE. He became one of the greatest memorisers and narrators of Hadith. Imam Ahmad RA studied Fiqh and Hadith science under Imam Abu Yusuf RA, the famous student of Imam Abu Hanifah RA, as well as under Imam Ash-Shafi'i RA himself. Imam Ahmad bin Hanbal RA went through a series of persecutions under the Caliphs of his time due to their adoption of Mu'tazalite philosophy. He was jailed and beaten for two years by the order of Caliph Al-Ma'mun (ruled 813-842 CE), because of his rejection of the philosophical concept that the Holy Qur'an was created. Later set free, he continued teaching in Baghdad until Al-Waathiq became Caliph (ruled 842-846 CE) and renewed the persecution. Thereupon Imam Ahmad RA stopped teaching and went into hiding for five years until Caliph Al-Mutawakkil (847-861 CE) took over. The Caliph al-Mutawakkil ended the inquisition permanently by expelling Mu'tazilite scholars and officially rejecting their philosophy. Imam Ahmad bin Hanbal RA then continued to teach in Baghdad until his death in 855 CE.


FORMATION OF THE HANBALI MADHAB

Imam Ahmad's greatest concern was the collection, narration, and interpretation of Hadith. His teaching method consisted of dictating Hadith from his vast collection known as Al-Musnad, which contained over 30,000 Ahadith, as well as the various opinions of the Sahabah RA concerning their interpretation. He would then apply the Ahadith or rulings to various existing problems. If he could not find a suitable Hadith or opinion to solve a problem, Imam Ahmad RA would offer his own opinion while forbidding his students to record any of his own solutions. As a result, his Madhab was recorded, not by his students, but by his students' students.


SOURCES OF LAW USED BY THE HANBALI MADHAB

1. The Noble Qur'an: There was no difference between the way Imam Ahmad ibn Hanbal RA approached the Holy Qur'an and that of those who preceded him. In other words, the Holy Qur'an was given precedence over all else under all circumstances.

2. The Sunnah: Likewise, the Sunnah of Rasulullah SAW occupied the second most important source of evidence after the Qur'an. His only stipulation was that it be 'Marfu' narration i.e. attributed directly to the Prophet Muhammad SAW.

3. Ijmaa of the Sahabah RA: Imam Ahmad bin Hanbali RA recognised the consensus of opinion of the Sahabah RA, and placed it in the third position among the fundamental principles. However, he discredited the claims of Ijmaa outside the era of the Sahabah RA as being inaccurate, due to the vast number of scholars and their wide diffusion throughout the Muslim empire. In Imam Ahmad's opinion Ijmaa after the era of the Sahabah RA was impossible.

4. Individual Opinions of the Sahabah RA: If a problem arose in an area where the Sahabah RA had expressed conflicting opinions, Imam Ahmad RA, like Imam Maalik RA would give credence to all the various individual opinions. Because of that, there developed within the Madhab - many instances of multiple rulings for individual issues.

5. Hadith Da'if (Weak Hadith): For a ruling on a case where none of the previous four principles offered a ready solution, the Imam used to prefer to use a weak Hadith rather than apply his own deductive reasoning (Qiyas). However, this was on condition that the weakness of the Hadith was not due to the fact that one of its narrators was classified as a Fasiq (degenerate), or a Kadhaab (liar).

6. Qiyas: As a last resort, that is when no other major principle could be directly applied, Imam Ahmad bin Hanbal RA would reluctantly apply the principle of Qiyas and deduce a solution based on one or more of the previous principles.


MAIN STUDENTS OF THE HANBALI MADHAB

Imam Ahmad's main students were his own two sons, Saalih RA (died 873 CE) and Abdullah RA(died 903 CE).


FOLLOWERS OF THE HANBALI MADHAB

The majority of the followers of the Hanbali Madhab are today mostly found in Palestine and Saudi Arabia. Its survival in Saudi Arabia, after almost completely dying out elsewhere in the Muslim world, is due to the fact that the founder of the 'Wahabi' revivalist movement, Muhammad ibn Abdul Wahhab RA, had studied under the scholars of the Hanbali Madhab, and thus it unofficially became the Fiqh Madhab of the movement. When Abdul Aziz ibn Sa'ud captured most of the Arabian peninsula and established the Saudi dynasty, he made the Hanbali Madhab the basis of the kingdom's legal system.

The Four Madhabs - The Shafi'i School of Jurisprudence

THE SHAFI'I MADHAB

The Founder: Imam Ash-Shafi'i RA (769-820 CE)

The full name of the great scholar after whom this school of legal thought has been named is Muhammad ibn Idris Ash-Shafi'i RA. He was born in the town of Ghazzah on the Mediterranean coast of what was then known as Shaam in the year 769 CE. Later in his youth, he travelled to Madinah to study Fiqh and Hadith under Imam Maalik RA. He succeeded in memorising the whole of Imam Maalik RA's book - 'Al-Muwatta' and recited it to Imam Maalik RA from memory, word perfect. Imam Shafi'i RA remained under the guidance of Imam Maalik RA until the latter passed away in 801 CE. He then departed to Yemen where he took a position of teaching. He remained in Yemen until he was accused of Shi'ite leanings in the year 805 CE and was later brought as a prisoner before the Abbasid Caliph Harun Ar-Rashid RA who was the ruler of Iraq from 786-809 CE. By the Grace of Allah, he was able to prove the correctness of his beliefs and was subsequently released. Later, Imam Shafi'i RA remained in Iraq and studied for a while under Imam Muhammad ibn Al-Hassan RA, the famous student of Imam Abu Hanifah RA. He then travelled to Egypt in order to study under Imam Al-Layth RA, but by the time he reached Egypt the Imam had passed away. However, he was able to study the madhab of Al-Layth RA from Al-Layth's students. Ash-Shafi'i RA remained in Egypt until his death in the year 820 CE during the rule of Caliph Al-Mamun (813-832 CE).


FORMATION OF THE SHAFI'I MADHAB

Imam Ash-Shafi'i RA integrated the systems established in the Fiqh of Hijaaz (Maaliki Madhab) with that of the Fiqh of Iraq (Hanafi Madhab). With this, the outcome he dictated to his students in the form of a book called 'Al-Hujjah' (The Evidence). This dictation took place in Iraq in the year 810 CE and a number of his students memorised his book and narrated it to others. Among these students were Ahmad ibn Hanbal RA and Abu Thawr RA. This book and its period of his scholarship are usually referred to as Al-Madhab Al-Qadeem (the old school of thought); and this differentiates it from the second period of his scholarship which occurred after he reached Egypt. In Egypt, Imam Ash-Shafi'i RA absorbed the Fiqh of Imam Al-Layth RA, Ibn Sa'd RA and the combined revised code of jurisprudence of Islamic Sacred Law was later dictated as Al-Madhab Al-Jadeed to his students in the form of another book which Imam Ash-Shafi'i RA named - Al-Umm (The Mother). Because of his exposure to a completely new set of Ahadith and legal reasoning - in Al-Madhab Al-Jadeed, Imam Ash-Shafi'i RA reversed many of the legal positions which he had held while in Iraq.

Imam Ash-Shafi'i RA holds the distinction of being the first Imaam to systematise the fundamental principles of Fiqh, and this is recorded in his book entitled 'Ar-Risalah'.


SOURCE OF LAW USED BY THE SHAFI'I MADHAB

1. The Noble Qur'an: Imam Ash-Shafi'i RA did not differ from the previously mentioned Imams, in their uncompromising stand in relation to the primacy of the Holy Qur'an among the sources of Islamic Law. He relied on it as heavily as those before him, adding only the new insights which he gained from a deep study of its meanings.

2. The Sunnah: Imam Ash-Shafi'i RA laid down only one condition for the acceptance of Hadith, namely that they be Sahih (authentic). He did not use all other conditions used by Imam Abu Hanifah RA and Imam Malik RA. He was also noted for his great contributions to the science of Hadith criticism.

3. Ijmaa of the Sahabah RA: Although Imam Ash-Shafi'i RA had serious doubts about the possibility of the Ijmaa in a number cases, he conceded that in the few cases where it was known to have occurred, it should be regarded as the third most important source of Islamic Law.

4. Individual Opinions of the Sahabah RA: Credence was given by Imam Shafi'i RA to the individual opinions of the Sahabah RA on condition that they were not at variance with each other. If there were conflicting opinions among the Sahabah RA on a legal point, he, like Imam Abu Hanifah RA would choose whichever opinion was the closest to the source and leave the rest.

5. Qiyas: Qiyas was, in the Imam's opinion, a valid method for deducing further laws from previous sources. However, he placed it last in order of importance, considering his personal opinions inferior to proofs based on the opinions of the Sahabah RA.

6. Istishaab (Linking): Both the principles of Istihsan used by Imam Abu Hanifah RA and Istislah used by Imam Malik RA were not used by Imam Ash-Shafi'i RA, since, in his opinion, they were based mostly on human reasoning in areas where revealed laws already existed. However, in dealing with similar issues, Imam Ash-Shafi'i RA used a principle similar to Istihsan and Istislah i.e. Istishaab. Istishaab literally means 'seeking a link', but legally it refers to the process of deducing the Laws of Fiqh by linking a later set of circumstances with an earlier set. It is based on the condition that the Laws of Fiqh applicable to certain conditions remain valid so long as it is not certain that these conditions have altered. If, for example, on account of the long absence of someone, it is doubtful whether he is alive or dead, then by Istishaab, all rules must remain in force which would hold if one knew for certain that he was still alive.


MAIN STUDENTS OF THE SHAFI'I MADHAB

The most important of Imam Ash-Shafi'i's students who continued to follow his school of thought were:

(a) Al-Muzanee RA (791-876 CE) - Al-Muzanee's full name was Isma'il ibn Yahya Al-Muzanee. He was the constant companion of Imam Ash-Shafi'i RA throughout his stay in Egypt. Al-Muzanee RA was noted for writing a book which comprehensively gathered the Fiqh of Imam Ash-Shafi'i RA. Later condensed under the title Mukhtasar al-Muzanee, it became the most widely read Fiqh book of the Shafi'i Madhab.

(b) Ar-Rabee' Al-Maraadee RA (790-873 CE) - Ar-Rabee RA was noted as the main narrator of Ash-Shafi'i's book - 'Al-Umm'. He wrote it down during Imam Ash Shafi'i's lifetime along with Ar-Risalah and other books.

(c) Yusuf ibn Yahyaa Al-Buwaytee RA (d.231 AH) - succeeded Imam Ash-Shafi'i RA as the main teacher of the Shafi'i Madhab. He was imprisoned and tortured to death in Baghdad because he rejected the officially sanctioned Mu'tazilite philosophy on the creation of the Holy Qur'an.


FOLLOWERS OF THE SHAFI'I MADHAB

The majority of the followers of the Shafi'i Madhab are now to be found in Egypt, Southern Arabia, (e.g. Yemen, Hadramaut), Sri Lanka, Indonesia, Malaysia, East and South Africa and Surinam in South America.

The Four Madhabs - The Maaliki School of Jurisprudence

THE MAALIKI MADHAB

The Founder: Imam Maalik (717-801 CE).

The founding scholar of this madhab, Maalik ibn Anas ibn Aamir RA, was born in Madinah in the year 717 CE. His grandfather, Aamir RA, was among the major Sahabah of Madinah. Maalik RA studied Hadith under Az-Zuhri RA who was the greatest Hadith scholar of his time, as well as under the great Hadith narrator, Naafi RA, the freed slave of the Sahabi - Abdullah ibn Umar RA. Imam Maalik RA's only journeys outside of Madinah were for Hajj, and thus he largely limited himself to the knowledge available in Madinah. He was severely beaten in the year 764 CE by the order of the Amir of Madinah, because he made a legal ruling that forced divorce was invalid. This ruling opposed the Abbasid rulers practice of adding in the oath of allegiance given to them by the masses - the clause that whoever broke the oath was automatically divorced. Imam Maalik RA was tied and beaten mercilessly until his arms became severely damaged to such a degree that he became unable to clasp them on his chest in Solat and thus he began the practice of performing Solat with his hands at his sides according to some reports. Imam Maalik RA continued to teach Hadith in Madinah over a period of forty years and he managed to compile a book containing the Ahadith of the Prophet Muhammad SAW and the Athars (statements) of the Sahabah RA and their successors which he named "Al-Muwatta" (the Beaten Path). He began his compilation of Ahadith at the request of the Abbasid Caliph, Abu Ja'far al-Mansur, (754-775 CE) who wanted a comprehensive code of law based on the Prophet SAW's Sunnah which could be applied uniformly throughout his realm. But, on its completion, Imam Maalik RA refused to have it forced on the people pointing out that the Sahabah RA had scattered throughout the Islamic empire and had taken with them other parts of the Sunnah which also had to be considered in any laws imposed throughout the state. The Caliph Harun Ar-Rashid RA (768-809 CE) also made the same request of the Imam, but he was also turned down. Imam Maalik RA died in the city of his birth in the year 801 CE at the venerable age of 83.


FORMATION OF THE MAALIKI MADHAB

Imam Maalik RA's method of teaching was based on the narration of Ahadith and the discussion of their meanings in the context of problems of that day. He would either narrate to his students Ahadith of Rasulullah SAW and Athars of the Sahaabah on various topics of Islamic Law then discuss their implications; or he would inquire about problems which had arisen in the areas from whence his students came, then narrate appropriate Ahadith or Athars which could be used to solve them. After Imam Malik RA completed 'Al-Muwatta', he used to narrate it to his students as the sum total of his Madhab, but would add or subtract from it slightly, whenever new reliable evidences reached him. He used to strictly avoid speculation and hypothetical Fiqh and thus his school and its followers were referred to as the Ahlul Hadith (The People Of Hadith).


SOURCES OF LAW USED BY THE MAALIKI MADHAB

Imam Maalik RA deduced Islamic Law from the following sources which are listed hereunder in the order of their importance:

1. The Holy Qur'an: Like all the other Imams, Imam Maalik RA considered the Most Noble Qur'an to be the primary source of Islamic Law and utilised it without laying any preconditions for its application.

2. The Sunnah: The Sunnah was used by Imam Malik RA as the second most important source of Islamic Law, but, like Imam Abu Hanifah RA - he put some restrictions on its use. If a Hadith were contradicted by the customary practice of the Madinites (the people of Madinah), he rejected it. Contrary to the method used by the Hanafi Madhab, he did not, however, insist that a Hadith be Mashur (well-known) before it could be applied. Instead he used any Hadith that was narrated to him as long as none of the narrators were known liars or extremely weak memorisers.

3. 'Amal (Practices) of the Madinites: Imam Maalik RA reasoned that since many of the Madinites were direct descendants of the Sahabah RA and Madinah was where Nabi Muhammad SAW spent the last ten years of his (SAW) life, practices common to all Madinites must have been allowed, if not encouraged by the Prophet SAW himself. Thus Imam Maalik RA regarded common Madinite practices as a form of highly authentic Sunnah narrated in deeds rather than words.

4. Ijmaa of the Sahabah RA: Imam Maalik RA like Imam Abu Hanifah RA considered the Ijmaa of the Sahabah, as well as that of later scholars, as the next most important source of Islamic Law.

5. Individual Opinions of the Sahabah RA: Imam Maalik RA gave full weight to the opinions of the Sahabah RA, whether they were conflicting or in agreement, and included them in his book of Hadith, "Al-Muwatta". However, the consensus of the Sahabah RA was given precedence over individual opinions of the Sahaabah. Where there was no consensus, their individual opinions were given precedence over his own opinion.

6. Qiyas: Imam Maalik RA used to apply his own deductive reasoning on matters not covered by the previously mentioned sources. However, he was very cautious about doing so because of the subjectivity of such forms of reasoning.

7. Customs of the Madinites: Imam Maalik RA also gave some weight to isolated practices found among a few people of Madinah so long as they were not in contradiction to known Ahadith. He reasoned that such customs, though occuring only in isolated instances, must also have been handed down from earlier generations and sanctioned by the Sahabah RA or even the Prophet Muhammad SAW himself.

8. Istislah (Welfare): The principle of Istihsan developed by Imam Abu Hanifah RA was also applied by Imam Maalik RA and his students except that they called it by the name Istislah which simply means seeking that which is more suitable. It deals with things which are for human welfare but have not been specifically considered by the Shari'ah. An example of Istislah is found in Caliph Ali RA's ruling that a whole group of people who took part in a murder were guilty even though only one of the group had actually committed the act of murder. The legal texts of the Shari'ah covered only the actual murderer. Another example is the right and permissibility of a Muslim leader to collect taxes from the rich other than Zakat, if the interest of the state demands it, whereas in Shari'ah only Zakat has been specified. Imam Maalik RA also applied the principle of Istislah to deduce laws more in keeping with needs which arose from current situations than those deduced by Qiyas.

9. Urf (Custom): Like Imam Abu Hanifah RA, Imam Maalik RA considered the various customs and social habits of people throughout the Muslim world as possible sources of secondary laws as long as they did not contradict either the letter or the spirit of the Shari'ah. According to custom in Syria, for example, the word Daabbhah means a horse, whereas its general meaning in Arabic is a four legged animal. Hence, a contract made in Syria requiring payment in the form of a Daabbhah would legally mean a horse whereas elsewhere in the Arab world it would have to be more clearly defined as a horse.


MAIN STUDENTS OF THE MAALIKI MADHAB

The most notable of Imam Maalik RA's students who did not later form their own Madhabs were:

(a) Abu Abdur-Rahmaan ibn Al-Qaasim (745-813 CE) - Al-Qaasim RA was born in Egypt but travelled to Madinah where he studied under his teacher and mentor for a period of more than twenty years. He wrote an extensive book on the Fiqh of the Madhab, eclipsing even 'Al-Muwatta' of Imam Maalik RA himself and called it 'Al-Mudawwanah'.

(b) Abu Abdillaah ibn Wahb (742-818 CE) - Ibn Wahb RA also travelled from Egypt to Madinah in order to study under Imam Maalik RA. He distinguished himself in the deduction of laws to such a degree that Imam Maalik RA gave him the title of 'Al-Mufti', which means the official expounder of Islamic Law. Ibn Wahb RA was offered an appointment as judge of Egypt, but turned it down in order to maintain his integrity as an independent scholar. Imam Maalik RA also had other famous students from other Madhabs. Some of them later developed their own school of jurisprudence based on what they learnt from Imam Maalik RA - for example, Muhammad Ash-Shaybaani RA who was among the foremost students of Imam Abu Hanifah RA. There were others who developed their own Madhabs by combining Imam Maalik RA's teachings with that of others, for example Muhammad ibn Idris Ash-Shafi'i who studied for many years under Imam Malik RA as well as under Imam Abu Hanifah RA's student - Muhammad Ash-Shaybaani RA.


FOLLOWERS OF THE MAALIKI MADHAB

Today, the adherents of the Maaliki are mostly found in Upper Egypt, the Arabian gulf states (e.g. Kuwait, Qatar and Bahrain), the Arab states of North Africa (e.g. Tunisia, Algeria and Morocco), in the country of Sudan, and in West Africa (e.g. Mali, Nigeria and Chad).

The Four Madhabs - The Hanafi School of Jurisprudence

THE HANAFI SCHOOL OF JURISPRUDENCE

The Founder: Imam Abu Hanifah RA (703-767 CE)

This madhab is named after its founding scholar, Abu Hanifah, whose actual name was Nu'maan Ibn Thaabit. He was born in Kufah, Iraq. His father was a silk merchant of Persian origin, who accepted Islam during the reign of the Khulafaa Ar-Rashideen (Righteous Caliphs). Imam Abu Hanifah began his earlier studies in the field of philosophy and dialectics known as "Ilm-Al-Kalaam", but after mastering its various disciplines, he left it and went into an in-depth study of Fiqh and Hadith. He chose as his main teacher, Hammad Ibn Zayd RA, who was among the greatest scholars of Hadith of his time.

Imam Abu Hanifah RA studied under his teacher for eighteen years. During this time he actually became qualified to teach, but instead remained as Hammad's student until the latter died in the year 742 CE.

After Hammad's death Imam Abu Hanifah RA took up the position of teacher at the age of forty and became the most outstanding scholar in Kufah. As such, he appeared to be a valuable prize to the Umayyad caliphs at that time. He was offered the position of Qadi (Judge) of Kufah, but he refused the post in spite of being physically beaten for his refusal by the Amir of Kufah, Yazid ibn Umar. Similarly, during the rule of the Abbasids, he also refused royal appointments, and for his refusal was consequently imprisoned in Baghdad by the Caliph Abu Ja'far Al-Mansur (754-775 CE). He remained imprisoned until his death in 767 CE. Imam Abu Hanifah RA was considered among the minor Tabi'un (Students of the Sahabah), because he had met a few of the Sahabah RA and had related some Ahadith from them.


FORMATION OF THE HANAFI MADHAB

Imam Abu Hanifah RA based his teaching method on the principle of Shura (group discussion). He would present a legal problem to his students for scholarly debate and discussion and tell them to record its solution whenever they arrived at a unified position. Because of this interactive approach to making legal rulings, we could say that the Hanafi Madhab was as much a product of Imam Abu Hanifah's students' efforts as it was a product of his own efforts. They would also discuss on hypothetical problems and work out solutions, based on the principle of preparing for a problem before its occurrence. Because of their leaning towards hypothetical Fiqh which often introduced an issue with a question, "what if so and so happened?", they became known as the "What-Iffers" or Ahl-ar-Ra'i (the opinion people).


SOURCES OF LAW USED BY THE HANAFI MADHAB

The early jurists of this Madhab deduced Islamic Laws from the following sources which are listed hereunder in the order of their importance:

1. The Noble Qur'an: They considered the Noble Qur'an to be the primary unquestionable source of Islamic Law. In fact it was used to determine the accuracy of the other sources. Accordingly any other source that contradicted the Holy Qur'an was considered inaccurate.

2. The Sunnah: The Sunnah was consulted as the second most important source of Islamic Law, but with some qualification as to its use. They stipulated that it was not sufficient that a Hadith be authentic (Sahih), but it had to be also widely known (Mashur) if it was to be used as a legal proof. This condition was laid down as a safeguard against false Ahadith which were cropping up frequently in that region where only a few notable Sahabah RA had settled ( e.g. Saiyidina Ali RA and Abdullah ibn Mas'ud RA).

3. Ijmaa of the Sahabah RA: Third in importance as a source of Islamic Law was the unanimous opinion of the Sahabah RA on any point of law not specified in the Most Holy Qur'an or the Sunnah. That is, Ijmaa of the Sahabah RA was precedence over the personal opinions of Imam Abu Hanifah RA and his students in their deduction of Islamic Law. The Hanafi Madhab also recognised the Ijmaa of Muslim scholars in any age as valid and binding on Muslims.

4. Individual opinion of the Sahabah RA: If there were different opinions among the Sahabah on a particular point of Islamic Law and no Ijmaa was subsequently formed, Imam Abu Hanifah RA would choose the opinion which appeared most appropriate to the case in question. In establishing this as a vital principle of the Hanafi Madhab, Imam Abu Hanifah RA again gave more weight to the opinions of the Sahabah RA than to his own. However, he did apply his own reasoning in a limited sense by choosing one of their various opinions.

5. Qiyas (Analogical deduction). Imam Abu Hanifah RA felt no obligation to accept the deductions of the students of the Sahabah (Tabi'un) in areas where no clear proof was available from any of the above mentioned sources. He considered himself equal of the Tabi'un and would make his own Ijtihad based on the principles of Qiyas which he and his students established.

6. Istihsaan (Preference). Istihsaan, in short, is the preference of one proof over another proof because it appears more suitable to the situation, even though the preferred proof may be technically weaker than the one it is preferred to. This may involve the preference of a Hadith which is specific over a general one, or it may even involve the preference of a more suitable law over the one deduced by Qiyas.

7. 'Urf (Local Custom): Local customs were given legal weight in areas where there were no binding Islamic customs available. It was through the application of this principle that various customs found in the multiplicity of cultures within the Islamic world entered the legal system and became mistakenly classified as Islamic.


MAIN STUDENTS OF THE HANAFI MADHAB

The most famous of Imam Abu Hanifah's (RA) students were:

(a) Zufar ibn Al-Hudhayl RA (732-774 CE) - Zufar RA was one of those who followed Imam Abu Hanifah's example and refused to accept appointments as Qadi even though many attractive offers were made to him. He preferred to teach, which he did until he died at the age of 42 in the city of Basrah.

(b) Abu Yusuf Ya'qub ibn Ibrahim RA (735-795 CE) - Abu Yusuf RA was born into a poor family in Kufah. He studied Hadith extensively until he became a noteworthy Hadith scholar then studied Fiqh in Kufah for nine years under Imam Ibn Abi Lailaa RA (died 765 CE) whose father was a famous companion of Rasulullah SAW from Madinah. Abu Yusuf RA later studied under Imam Abu Hanifah RA for nine years, and when Imam Abu Hanifah RA died, he went to Madinah and studied for a short period under Imam Malik RA. Abu Yusuf RA was appointed chief judge of the state by the Abbasid Caliphs, Al-Mahdi (775-785 CE), Al-Hadi (785-786 CE) and Harun Ar-Rashid (786-809 CE). In his capacity as chief judge, he used to appoint judges for the various cities. Thus, in this way, he was indirectly instrumental in the spread of the Hanafi school of thought throughout the Muslim empire.

(c) Muhammad ibn Al-Hasan, Ash-Shaybaani RA (749-805 CE) - Imam Muhammad RA was born in Wasit, but grew up in Kufah. Like Abu Yusuf RA, his early studies were also in Hadith. He studied briefly under Imam Abu Hanifah RA until the latter's death, and then continued his studies under Abu Yusuf RA for three years. During this period he became one of the main narrators of Imam Malik's Hadith book - Al-Muwatta. Imaam Shafi'i RA was among the many scholars who later studied under Muhammad ibn Al-Hasan in Baghdad. Muhammad ibn Al-Hasan also accepted appointment as Qadi but soon gave it up because of the many compromises it demanded during that time, and returned to his teaching post in Baghdad.


FOLLOWERS OF THE HANAFI MADHAB

Today, those who follow the Hanafi Madhab are found mostly in India, Afghanistan, Pakistan, Syria, Turkey, Guyana, Trinidad, Surinam and to some extent Egypt and South Africa. When the Ottoman rulers codified Islamic Law according to the Hanafi Madhab in the nineteenth century CE and made it state law, any scholar who aspired to be a judge was obliged to learn it. As a result, the Madhab spread throughout the Ottoman Islamic State during the last part of the nineteenth century.

Taqlid 102

Some people who are genuinely concerned say:

"...there are going to be 73 sects in Islam by the end of time. Only one is going to be right. We the Sunni's are already divided into four main madhabs. All four cannot be right..."

AN EXPLANATION HERE THUS IS IMPERATIVE

What is Taqlid or Ittiba ?

Taqlid or Ittiba' is Wajib (compulsory) upon Muslims.

Yet there are many Muslims in the present age who have hardly heard of the words Taqlid or Ittiba'. Others who may have heard about it, do not fully comprehend or understand its meaning. This has led to people even rejecting Taqlid - thereby rejecting a Wajib. As a general rule, man is suspicious and afraid of that which he does not know. Therefore a proper understanding of the issue of Taqlid or Ittiba' would dispel the ignorance surrounding it, InshaAllah.

Taqlid is a part of everyday life. Taqlid or Ittiba' in essence, simply refers to the practice of an unqualified, lay person 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.

This is a natural state of human existence, practised by millions of people worldwide in every facet of life. The simplest and most tangible example of Taqlid or Ittiba' is that of a child learning his basic alphabets at school. Every child learning his alphabets is unconsciously practising Taqlid. A learner driver taking instructions from a driving instructor is practising Taqlid. People going to a specialist doctor for medical treatment and following his instructions is another glaring example of Taqlid or Ittiba'. 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 or Ittiba in action.

The millions of 'facts' in the myriad of sciences such as astronomy, archaeology, etc. are all distinct examples of Taqlid or Ittiba'. Who ever questions the 'fact' or asks for proof 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 facts and children learn and memorise these facts with the hope of succeeding in their exams.

There are countless such examples of Taqlid or Ittiba' in everyday existence. It is quite clear from the above, that Taqlid or Ittiba' is a natural way of life, and is not specific to Islam or Islamic Fiqh alone. Taqlid is the easy option for ordinary people.

In the context of Islamic Fiqh or Law, Taqlid or Ittiba' 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 required in arriving at such a verdict, called Ijtihad.

It simply means that ordinary folk do not have to do Ijtihad, i.e. the intricate and complicated procedures involved in deriving Islamic rulings that scholars exercise when issuing a Fatwa (legal verdict). 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 their capacity 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 (Ijtihad means to exert one self) in acquiring a mastery of various Islamic sciences, among other varying requirements.

The Ijtihad of The Four Imams vs Contemporary Scholars

There is a stark difference between the rulings of The Four Imams and a fatwa of a contemporary scholar. The Four Imams i.e. Imam Abu Hanifah RA, Imam Malik RA, Imam Shafi'i RA and Imam Ahmad bin Hanbal RA were all Mujtahids. Their knowledge in the tafsir of the Noble Qur'an and Ahadith of Rasulullah SAW was so vast that they had the ability to independently arrive at a decision on any one issue. Hence the difference of opinion among the Imams are differences stemming from Mujtahideen and their different Principles of Ijtihaad.

On the other hand, the Ulama of Azhar, Deoband, Madinah etc. are not Mujtahideen. They are very far away from the shores of Ijtihaad. Even the classical scholar - Jalaluddin Suyuti RA - was a great and renowned scholar who has contributed in almost every field, e.g. Tafsir, Hadith, Usul-ul-Tafsir (Principles of Tafsir), Usul-ul-Hadith (Principles of Hadith), Fiqh, Usul-ul-Fiqh (Principles of Fiqh), etc. but still was not accepted as a Mujtahid by his contemporaries.

The Ulama of today even more do not qualify to be Mujtahids, and hence they are followers of their respective Imams. The differences of opinion of the Ulama of today do not stem from differences of opinion in the Principles of Ijtihaad. They are rightly Muqallideen (followers) of their respective Imams.

The differences of opinion may be categorised as: i) following a different Mazhab; or ii) following the same Mazhab, with variational differences, e.g. misinterpretation of the Imam's view.

In the first case the difference among the Ulama is in fact the difference of opinion among the Four Imams and, therefore are unobjectionable. Every individual should follow the opinion of the Imam he follows. In the second case if the differences are due to misinterpretation or ignorance of the followed Imam's principles or opinion then it will be objectionable. Such views cannot be tolerated as the views of the different Imams. The views of the different Imams stem from their Ijtihaad whereas the views of the Uama ought to stem from the principles set out by their Imams. Therefore the differences among the Ulama are very far from the differences of the Imams.

So thus we must understanding, the Ulama of Azhar are not Mujtahideen, the Ulama of Deoband are not Mujtahideen, the Ulama of Madinah are also not Mujtahideen, and so on; and as a result they are not in a position to be acknowledged as Imams (of Islamic Jurisprudence).

Furthermore, we must understand that a non-Aalim may follow a learned Muqallid of his Mazhab as a guide in order to make proper Taqleed of his respective Imam. When following a learned Muqallid, it is important to know his source of knowledge. It should be noted that the source of education has an influence on an individual's future and direction in life. The Aalim must also be firmly adhering to and practising on the Noble Qur'an and the Sunnah of Rasulullah SAW i.e. The Shari'ah. One should avoid following any Ulama in the belief of literally making Taqleed to them individually.

Taqlid 101

Taqlid basically means to follow.

Allah Ta'ala says in the Qur'an:

"Ask the learned if you do not know". (6:43)

Since our knowledge is limited in Shari'ah (Qur'an and Hadith), we are obliged to follow the learned Ulama i.e. to make Taqlid and be a Muqallid.

Note the following example:

A surgeon performing an operation has a choice to use several methods to perform the operation e.g. using Dr. John, Dr. Hamilton or Dr. Conner's methods. All these methods are correct. When applied, each method (individually) have to be carried out in its entirety - the operation cannot be done by applying a little of the method of Dr. John's and a little of Dr. Conner's and a little of Dr. Hamilton's.

Despite all being correct applications, only one method of application may be used for a particular operation each time. Similarly, a Muslim is required to follow one Madhab at a time so as not to confuse the various applications. It must be understood that the knowledge of the Sahabah RA possessed is in no comparison to ours. Hence, our understanding of the interpretations to the variations of each matter could cause immeasurable confusion.

We do taqlid to be safe.