The bayah to the leaders of the time and places of the knowledgeable, wise, and respected scholars would have usually made their opinions legally binding in the areas which were governed by leaders who accepted their opinions - since the leaders had chosen them as primary consultants and rule-setters, and that is how the system of government runs.
However, after the above mentioned scholars passed away, the bayah to them would end and would go on to the most worthy scholars after them as there is no room for sects in Islam - the precedents they set could be used as references which are to be continually revised according to new issues by trustworthy, wise, and knowledgeable scholars of the age in accordance with the Book of Allah
The fact that so many people are still following the rulings of dead judges without budging is a sign of intellectual stagnation and lack of trust in the opinions of current scholars.
The fact that Allah's final messenger Muhammad
advised us in his farewell speech to refer to the book of Allah
, and that current scholars have a rich amount of combined literature with sifting abilities, consisting of Quran, the interpretations of Allah's messenger Muhammad
the four respected scholars, other respected scholars, history, and current findings - is sufficient to tell us that the Muslim ummah has higher goals to reach.
Al-Baqarah 2:134
تِلْكَ أُمَّةٌ قَدْ خَلَتْۖ لَهَا مَا كَسَبَتْ وَلَكُم مَّا كَسَبْتُمْۖ وَلَا تُسْـَٔلُونَ عَمَّا كَانُوا۟ يَعْمَلُونَ
English - Yusuf Ali
That was a people that hath passed away. They shall reap the fruit of what they did, and ye of what ye do! Of their merits there is no question in your case!
English - Sahih International
That was a nation which has passed on. It will have [the consequence of] what it earned, and you will have what you have earned. And you will not be asked about what they used to do.
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Al-An'am 6:159
إِنَّ ٱلَّذِينَ فَرَّقُوا۟ دِينَهُمْ وَكَانُوا۟ شِيَعًا لَّسْتَ مِنْهُمْ فِى شَىْءٍۚ إِنَّمَآ أَمْرُهُمْ إِلَى ٱللَّهِ ثُمَّ يُنَبِّئُهُم بِمَا كَانُوا۟ يَفْعَلُونَ
English - Yusuf Ali
As for those who divide their religion and break up into sects, thou hast no part in them in the least: their affair is with Allah: He will in the end tell them the truth of all that they did.
English - Sahih International
Indeed, those who have divided their religion and become sects - you, [O Muhammad], are not [associated] with them in anything. Their affair is only [left] to Allah ; then He will inform them about what they used to do.
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There is a difference between - shi'a imaam Abu Hanifa, Shi'a imaam Ahmad ibn Hanbal, shi'a imaam Abu Maalik, shi'a imaam Ash-Shaafi' - and i am Muslim li Allah
and i hear and obey in accordance to obedience of Allah
Islam means Submission to Allah
and attainment of peace from Him.
There is the question of baya' and sami'na wa atua'na, and these cannot be given to dead people, but rather to people who are alive and worthy of obedience in Allah's cause - ul al amr min kum - who legislate wisely for Allah's sake.
If you can't find anyone - then weep to Allah
for the weak situation and do what you can to rectify it whilst knowing that obedience is due to Allah
and that the judgement and scales are His.
But please be careful of attempting to give your baya' to a dead body who cannot hear your calls now, and who will reject your baya' to him on the day of judgement, and if you obey ANY ruling whether of past or present, do it only in obedience to Allah
as His bondman/woman and not as a bondman/woman held in bounds by the respected dead imaams.
كتاب الصلاة 2 Prayer (Kitab Al-Salat)
(240)Chapter: Praying In Sandals(91) باب الصَّلاَةِ فِي النَّعْلِ
Narrated AbuSa'id al-Khudri:
While the Messenger of Allah (ﷺ) was leading his Companions in prayer, he took off his sandals and laid them on his left side; so when the people saw this, they removed their sandals. When the Messenger of Allah (ﷺ) finished his prayer, he asked: What made you remove your sandals? The replied: We saw you remove your sandals, so we removed our sandals.
The Messenger of Allah (ﷺ) then said: Gabriel came to me and informed me that there was filth in them. When any of you comes to the mosque, he should see; if he finds filth on his sandals, he should wipe it off and pray in them.
حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ أَبِي نَعَامَةَ السَّعْدِيِّ، عَنْ أَبِي نَضْرَةَ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، قَالَ بَيْنَمَا رَسُولُ اللَّهِ صلى الله عليه وسلم يُصَلِّي بِأَصْحَابِهِ إِذْ خَلَعَ نَعْلَيْهِ فَوَضَعَهُمَا عَنْ يَسَارِهِ فَلَمَّا رَأَى ذَلِكَ الْقَوْمُ أَلْقَوْا نِعَالَهُمْ فَلَمَّا قَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم صَلاَتَهُ قَالَ " مَا حَمَلَكُمْ عَلَى إِلْقَائِكُمْ نِعَالَكُمْ " . قَالُوا رَأَيْنَاكَ أَلْقَيْتَ نَعْلَيْكَ فَأَلْقَيْنَا نِعَالَنَا . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّ جِبْرِيلَ صلى الله عليه وسلم أَتَانِي فَأَخْبَرَنِي أَنَّ فِيهِمَا قَذَرًا " . وَقَالَ " إِذَا جَاءَ أَحَدُكُمْ إِلَى الْمَسْجِدِ فَلْيَنْظُرْ فَإِنْ رَأَى فِي نَعْلَيْهِ قَذَرًا أَوْ أَذًى فَلْيَمْسَحْهُ وَلْيُصَلِّ فِيهِمَا " .
Grade : Sahih (Al-Albani) صحيح (الألباني) حكم :
Reference : Sunan Abi Dawud 650
In-book reference : Book 2, Hadith 260
English translation : Book 2, Hadith 650
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The four imaams themselves saw that their ultimate pledge was to Allah
Whose Hand was over the hands of the leaders to whom they gave allegiance, that is why they were sometimes made to suffer by the leaders and why imaam Ahmad was whipped - however we believe that the Prophet
would pray with his right hand over his left, and that imaam Ahmad ibn Hanbal only prayed with his hands down because of the physical pain he was in, so when we see people praying with their hands down, i remember the empty droning shell of Tony Blair at "saint Paul's cathedral" reciting rhyming verses that he probably didn't understand a word of as he was chanting them.
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