Which mathhab to follow?

[ZeeshanParvez]

E.g.......?

All 4 imams remained in darkness of daleel and they had to make qiyas.

You seriously do not know that the Imaams of the Madhabs like Ibn Qudaamah and others made Qiyaas?

 

[ZeeshanParvez]

E.g.......?

All 4 imams remained in darkness of daleel and they had to make qiyas.

I do not know if you read Arabic. I assume you do not. So, I found this translation of the famous Hanafi Usuul book Usuul al-Shaashi. Please download it and see how the scholars of the Hanafi fiqh made Qiyaas. The author of the book died in 344 H so it is a very early book.

It will better help you udnerstand how Qiyaas was made back then. So, it can be made today. Unless you contend the doors of Qiyaas have closed. Then you need to provide your evidence.

I hope that helps.

 

[azc]

You seriously do not know that the Imaams of the Madhabs like Ibn Qudaamah and others made Qiyaas?

you seriously don't understand what I am saying. Right now my discussion is limited to 4 imams only.

 

[Zafran]

salaam

The 4 madhabs are not only the work of 4 imams but generations of Imams that followed them. To this day ijtahid is being done and opinions are changing within the madhabs.

Outside of these there are non traditional and more modern schools like the salafis etc etc.

Most Muslims follow a madhabs and do taqleed to pray and fast and do basic stuff - as most us are not mujthahids.

 

[ZeeshanParvez]

you seriously don't understand what I am saying. Right now my discussion is limited to 4 imams only.

Ah, I see the discussion is now limited to the four Imaams because you discovered that their Madhabs which are not based only on the 4 Imaams but on a host of scholars who followed them did accept Qiyaas.

Let me direct you once again in a matter you have admitted not to know too much about.

أما القياس الشرعي إذا عدم النص والإجماع فقد ذهب جمهور أئمة الصحابة، والتابعين، وجمهور الفقهاء والمتكلمين إلى أن القياس الشرعي أصل من أصول التشريع، يستدل به على الأحكام التي لم يرد بها السمع، ونقل عن أحمد: لا يستغني أحد عن القياس

As for al-Qiyaas, when there is no Nass and Ijmaa then the majority of the Imaams of the Companions (may Allaah be pleased with them), Taabi'uun, and the majority of Jurists and Mutakallimuun have said that Qiyaas is an 'Asl from the Usuul of Islamic legislation....


Imaam Ahmad said:

Everyone has a need for Qiyaas.


Imaam al-Shaafi'i discusses Qiyaas as a means to derive rulings in his book al-Umm and al-Risaalah.

I hope that helps. : )

 

[Zafran]

Ah, I see the discussion is now limited to the four Imaams because you discovered that their Madhabs which are not based only on the 4 Imaams but on a host of scholars who followed them did accept Qiyaas.

Let me direct you once again in a matter you have admitted not to know too much about.

أما القياس الشرعي إذا عدم النص والإجماع فقد ذهب جمهور أئمة الصحابة، والتابعين، وجمهور الفقهاء والمتكلمين إلى أن القياس الشرعي أصل من أصول التشريع، يستدل به على الأحكام التي لم يرد بها السمع، ونقل عن أحمد: لا يستغني أحد عن القياس

As for al-Qiyaas, when there is no Nass and Ijmaa then the majority of the Imaams of the Companions (may Allaah be pleased with them), Taabi'uun, and the majority of Jurists and Mutakallimuun have said that Qiyaas is an 'Asl from the Usuul of Islamic legislation....


Imaam Ahmad said:

Everyone has a need for Qiyaas.


Imaam al-Shaafi'i discusses Qiyaas as a means to derive rulings in his book al-Umm and al-Risaalah.

I hope that helps. : )

Non of this is new - the question is who is the mujthaid to do ijthaid? the principles set up by other mujthaids or the more modern approach of the salafis?

 

[ZeeshanParvez]

Non of this is new - the question is who is the mujthaid to do ijthaid? the principles set up by other mujthaids or the more modern approach of the salafis?

Nah you didn't follow the thread. He claims there is no need for Qiyaas.

 

[Zafran]

Nah you didn't follow the thread. He claims there is no need for Qiyaas.

Indeed and Mujthaids have to do Ijtahid not the average Joe.

 

[ZeeshanParvez]

Indeed and Mujthaids have to do Ijtahid not the average Joe.

You still do not understand. He says that there is no need for Qiyaas as if something is not outlined in the Qur'aan and Sunnah it isn't important.

Try reading the thread first next time maybe?

 

[Zafran]

You still do not understand. He says that there is no need for Qiyaas as if something is not outlined in the Qur'aan and Sunnah it isn't important.

Try reading the thread first next time maybe?

Yes and I'm saying mujthaid have to do it - not you me or any average Joe. Both of us being average Muslims have to go to the Mujthaids and therefore do taqleed. Unless your going to be a mujthaid.

 

[ZeeshanParvez]

Yes and I'm saying mujthaid have to do it - not you me or any average Joe. Both of us being average Muslims have to go to the Mujthaids and therefore do taqleed. Unless your going to be a mujthaid.

Again you miss the point.

He argues there is no need for Qiyaas.

You jumped in and quoted out of the blue.

He and I have not even gotten to the point of doing Ijtihaad. We are discussing if the Imaams ever made Qiyaas.

He said mockingly they did because they were in dark about daliil.

Did you seriously not read that?

Or did you assume something which was never a part of this discussion?

Btw are Ijtihaad and Qiyaas the same thing?

 

[Zafran]

Again you miss the point.

He argues there is no need for Qiyaas.

You jumped in and quoted out of the blue.

He and I have not even gotten to the point of doing Ijtihaad. We are discussing if the Imaams ever made Qiyaas.

He said mockingly they did because they were in dark about daliil.

Did you seriously not read that?

Or did you assume something which was never a part of this discussion?

It is indeed part of the discussion (thread title and I have read all of the posts) - Lets say I agree with you - You still have to accept that Only a mujthaid can do Qiyas - average Muslims have to listen and take heed of the mujthaid like Bukhari - eg do Taqleed.

 

[ZeeshanParvez]

It is indeed part of the discussion (thread title and I have read all of the posts) - Lets say I agree with you - You still have to accept that Only a mujthaid can do Qiyas - average Muslims have to listen and take heed of the mujthaid like Bukhari - eg do Taqleed.

Here let me update you on what was being discussed

E.g.......?

All 4 imams remained in darkness of daleel and they had to make qiyas.

Is Qiyaas and Ijtihaad the same thing?

 

[Zafran]

Here let me update you on what was being discussed



Is Qiyaas and Ijtihaad the same thing?

Ofcourse - you have to do Ijthaid to do Qiyass - who can do Qiyass - you guessed it a mujthaid. Simple questions we are both muqalids.

 

[ZeeshanParvez]

Ofcourse - you have to do Ijthaid to do Qiyass - who can do Qiyass - you guessed it a mujthaid. Simple questions we are both muqalids.

قال الغزالي: "وقال بعض الفقهاء القياس هو الاجتهاد، وهو خطأ"

al-Ghazaali said: Some of the Jurists said Qiyaas is Ijtihaad are the same. This is wrong.

Did you know this?

 

[Zafran]

قال الغزالي: "وقال بعض الفقهاء القياس هو الاجتهاد، وهو خطأ"

al-Ghazaali said: Some of the Jurists said Qiyaas is Ijtihaad are the same. This is wrong.

Did you know this?

I agree with Al Ghazzali as a muqalid.

 

[ZeeshanParvez]

Thats exactly what I said - Good to see you doing taqleed of Al Ghazzali .

That isn't Taqliid. I highlighted that you are unaware that Ijthiaad and Qiyaas are not the same things.

I referenced a scholar.

You said it from your own self.

That means you acted like a Mujthaid while accusing me earlier.

You highlighted double standards.

And you also showed everyone you do not know what the terms mean.

Shall I continue : )

 

[Zafran]

That isn't Taqliid. I highlighted that you are unaware that Ijthiaad and Qiyaas are not the same things.

I referenced a scholar.

You said it from your own self.

That means you acted like a Mujthaid while accusing me earlier.

You you highlighted double standards.

And you also showed everyone you do not know what the terms means.

Shall I continue : )

As a muqalid I agree with al Ghazzali( the mujtahid).

 

[ZeeshanParvez]

As a muqalid I agree with al Ghazzali( the mujtahid).

al-Ghaazali was not an independent Mujtahid.

Unless you are a Shafi'i you cannot make Talqiid of him. He was a Mujtahid in the Madhab.

Did you not know this or are you a Shaafi'i?

Even if you are a Shaafi'i you would have to make Taqliid of al-Nawawi as they take their Madhab from him.

Do you know what he said on the subject?

 

[Zafran]

al-Ghaazali was not an independent Mujtahid.

Unless you are a Shafi'i you cannot make Talqiid of him. He was a Mujtahid in the Madhab.

Did you not know this or are you a Shaafi'i?

Hes more of a mujtahaid then you and me. We are both Muqalid.