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Which madhhab is the most correct?
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thank you for this useful and oh so true post
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This is really useful too insha Allah:
http://islamtoday.com/show_quest_section.cfm?main_cat_id=16&sub_cat_id=149
This is really useful too insha Allah:
http://islamtoday.com/show_quest_section.cfm?main_cat_id=16&sub_cat_id=149
Selam aleykum we rahmetallahu we berekathu,
I believe you all should also read this, inshaAllah:
I believe you all should also read this, inshaAllah:
The Four Schools of Thought in Islam (Madhab)
Question:
"There are some people who say that Taqleed (following the madhhab of one imam) is haram (prohibited) in Shariah. They insist that only the Qur'an al-Kareem and Sunnah should be followed by a true Muslim, and it is tantamount to the shirk that some human being is being followed in the matters of Shariah. They also claim that all the madhahib formed such as Hanafi, Shafi'i, Maliki and Hanbali schools are created one to two hundred years after the Most Beloved Prophet Salla Allahu Ta'ala alayhi Wa Sallam and they are bidah (an invention not warranted by the Qur'an al-Kareem and Sunnah). They also maintain that a Muslim should seek guidance directly from the Qur'an al-Kareem and Sunnah, and no intervention of any Imam is needed for the knowledge of Shariah.
Please explain how far this view is correct.
Answer:
This view is based upon certain misconceptions arising out of superfluous treatment of the complex issues involved. The full clarification of these misconceptions requires a detailed article. However, I would try to explain the basic points as briefly as possible.
It is true that “obedience”, in its true sense, belongs to Allah Almighty alone. He is the only One who deserves our obedience, and we are not supposed to obey any one other than Him. This is the logical requirement of the doctrine of “Tawhid” (belief in the Oneness of Allah). Even the obedience of the Most Beloved Prophet (Salla Allahu Ta'ala alayhi Wa Sallam) has been prescribed for us only because he is the Beloved Messenger (Salla Allahu Ta'ala alayhi Wa Sallam) of Allah (Subhanhu wa Ta'ala) who conveys to us the divine commandments. Otherwise he has no divine status deserving our obedience per se. We are ordered to obey and follow him only because Allah’s (Subhanahu wa Ta'ala) pleasure has been epitomised in his sayings and acts.
We are, therefore, required to follow the Qur'an al-kareem, being the direct commandment of Allah, and the Sunnah of the Beloved Prophet (Salla Allahu Ta'ala alayhi Wa Sallam) being an indirect form of the divine commandments.
But the point is that the interpretation of the Qur'an al-kareem and Sunnah is not an easy job. It requires an intensive and extensive study of both these sacred sources of Shariah, which cannot be undertaken by every layman. If it is made obligatory on each and every muslim to consult the Qur'an al-kareem and the Sunnah in each and every problem arising before him, it will burden him with a responsibility which is almost impossible for him to discharge, because the inference of the rules of Shariah from the Qur'an al-kareem and Sunnah requires a thorough knowledge of the Arabic language and all the relevant material which a layman is not supposed to have. The only solution to this problem is that a group of persons should equip themselves with the required knowledge of Shariah, and the others should ask them about the injunctions of Shariah in their day-to-day affairs. This is exactly what the Qur’an al-kareem has ordained for the Muslims in the following words:
“So, a section from each group of them should go forth, so that they may acquire the knowledge and perception in the matters of religion, and so that they may warn their people when they return to them that they may be watchful.”
This verse of the Qur'an al-kareem indicates in clear terms that a group of muslims should devote itself for acquiring the knowledge of Shariah, and all others should consult them in the matters of Shariah.
Now, if a person asks an authentic ‘alim (knowledgeable person) about the Shariah ruling in a specific matter, and acts upon his advice, can a reasonable person accuse him of committing shirk on the ground that he has followed the advice of a human being instead of Qur'an al-kareem and Sunnah? Certainly not. The reason is obvious. He has not abandoned the obedience of Allah (Subhanahu wa Ta'ala) and His Most Beloved Messenger (Salla Allahu Ta'ala alayhi Wa Sallam) ; rather, he wants nothing but to obey them. However, being ignorant of their commands, he has consulted an ‘alim in order to know what he is required by Allah to do. He has not taken that ‘alim as the subject of his obedience, but he has taken him as an interpreter of the divine commandments. Nobody can blame him and say he is committing shirk (which means ascribing partners to God).
This is exactly what the term ‘taqleed’ means. A person who has no ability to understand the Qur'an-e-Paak and Sunnah consults a muslim jurist, often termed as Imam, and acts according to his interpretation of Shariah. He never deems him worthy of obedience per se, but he seeks his guidance for knowing the requirements of Shariah, because he has no direct access to the Qur'an al-kareem and Sunnah or does not have adequate knowledge for inferring the rules of Shariah. This behaviour is called taqleed of that jurist or imam. How can it be said that taqleed is tantamount to shirk?
The qualified muslim jurists or imams have devoted their lives for the study of the Qur'an al-kareem and Sunnah and have collected the rules of Shariah; according to their respective interpretation of Shariah, in an almost codified and systematic form. This collection of the Shariah rules according to the interpretation of a particular jurist/scholar Imam is called the ‘madhhab’ of that jurist. Thus the madhhab of an imam is not something parallel to shariah, or something alien to it; in fact it is a particular interpretation of Shariah and a collection of the major Shariah rules inferred from the Qur'an al-kareem and Sunnah by some authentic jurists and arranged subject wise for the convenience of the followers of the Shariah. So, the one who follows a particular madhhab actually follows the Qur'an al-kareem and Sunnah according to the interpretation of a particular authentic jurist whom he believes to be the most trustworthy and the most knowledgeable in matters of Shariah.
As for the difference of the madhaib it has emerged through the different possible interpretations of the rules mentioned in or inferred from the Qur'an al-kareem and Sunnah. In order to understand this point properly, it will be relevant to note that the rules mentioned in the Qur'an al-kareem and Sunnah are of two different types. Some rules are mentioned in these sacred sources in such clear and unambiguous expressions that they permit only one interpretation, and no other interpretation is possible thereof, such as the obligation of Salaah, Zakaah, fasting and Hajj, the prohibition of pork, wine, etc. With regard to this set of rules, no difference of opinion has ever taken place. All the schools of jurists are unanimous on their interpretation, hence there is no room for ijtihad or taqleed in these matters, and because every layman can easily understand them from the Qur'an al-kareem and Sunnah, no intervention of a jurist or imam is called for. But there are some rules of Shariah derived from the Qur'an al-kareem and Sunnah where either of the following different situations may arise:
The expression used in the Sacred Sources may permit more than one interpretation. For example, while mentioning the period of ‘iddah (waiting period) for the divorced women, the Qur'an al-kareem has used the following expression:
“And the divorced women shall wait for three periods of ‘Qur’ “
1]. The word ‘Qur’ used in this verse has two meanings lexically. It covers both the period of menstruation and the period of purity (i.e. the tuhr). Both meanings are possible in the verse and each of them has different legal consequences. The question that requires juristic effort is which of the two meanings are intended here. While answering this question, the juristic opinions may naturally differ, and have actually differed. Imam Shafi’I Radi Allahu Ta'ala anhu interprets the word ‘Qur’ as the period of tuhr (purity) while Imam Abu Hanifah Radi Allahu Ta'ala anhu interprets it as ‘the period of menstruation.’ Both of them have a number of arguments in support of their respective views, and no one interpretation can be rejected outright. It is in this way that the differences among certain madhaib have emerged.
2]. Sometimes there appears some sort of contradiction between two traditions of the Most Beloved Prophet Salla Allahu Ta'ala alayhi Wa Sallam and a jurist has to reconcile them or prefer one of them over the other. In this case also, the viewpoints of the jurists may differ from each other.
For example, there are two sets of traditions found in the books of hadith attributing different behaviour to the Most Beloved Prophet Salla Allahu Ta'ala alayhi Wa Sallam while going for ruku in prayer. The first set of ahadith mentions that he used to raise his hands before bowing down for ruku while the other traditions mention that he did not raise his hands except in the beginning of the Salaah.
The muslim jurists, while accepting that both methods are correct, have expressed different views about the question which of the two methods is more advisable and rewardable. This is another cause of difference between various madhaib.
3]. There are many problems or issues which have not been mentioned in the Qur'an al-kareem and Sunnah in specific or express terms. The solution to such problems is sought either through analogy or through some expressions found in the Sacred Sources which have an indirect bearing on the subject. Here again the jurists may have different approaches while they infer the required solution from the Qur'an al-kareem and Sunnah.
Such are the basic causes of difference between the madhaib. This difference is in no way a defect in Shariah; rather, it is a source of dynamism and flexibility.
A muslim jurist who has all the necessary qualifications for ijtihad is supposed, in the aforesaid situation, to exert the best of his efforts to discover the actual intention of the Qur'an al-kareem and Sunnah. If he does this to the best of his ability and with all his sincerity, his obligation towards Allah is discharged, and nobody can blame him for violating the Shariah, even though his view seems to be weaker when compared to the other ones. This is a natural and logical phenomenon certain to be found in every legal system. The enacted laws in every legal framework do not contain each and every minute detail of the possible situations. The expressions used in a statute are often open to more than one interpretation, and different courts of law, while applying such provisions to the practical situations, often disagree in the matter of their interpretation. One court explains the law in a particular way while the other court takes it in a quite different sense. Nobody ever blames any one of them for the violation of the law. Not only this, if the former court is a High Court, all the lower courts and all the people living within the jurisdiction of that High Court are bound to follow the interpretation laid down by it even though their personal opinion does not conform to the approach of the superior court. In this case, if they follow the decision of the superior Court nobody can say that they are not following the law, or that they are holding the Court as the Sovereign authority instead of the real legislator, because, in fact, they are following the decision of the Court only as a trust-worthy interpreter of law, and not as a legislator.
Exactly in the same way, the madhab of a muslim jurist is nothing but a credible interpretation of the Shariah. Another competent jurist may disagree with this interpretation, but he can never accuse him of the violation of Shariah, nor can anyone blame the followers of that particular madhab for following something other than Shariah, or for committing shirk by following the imam of that madhab instead of obeying Allah and His Most Beloved Messenger Salla Allahu Ta'ala alayhi Wa Sallam, because, they are following the madhab as a credible interpretation of Shariah, and not as a law-making authority.
Question:
"There are some people who say that Taqleed (following the madhhab of one imam) is haram (prohibited) in Shariah. They insist that only the Qur'an al-Kareem and Sunnah should be followed by a true Muslim, and it is tantamount to the shirk that some human being is being followed in the matters of Shariah. They also claim that all the madhahib formed such as Hanafi, Shafi'i, Maliki and Hanbali schools are created one to two hundred years after the Most Beloved Prophet Salla Allahu Ta'ala alayhi Wa Sallam and they are bidah (an invention not warranted by the Qur'an al-Kareem and Sunnah). They also maintain that a Muslim should seek guidance directly from the Qur'an al-Kareem and Sunnah, and no intervention of any Imam is needed for the knowledge of Shariah.
Please explain how far this view is correct.
Answer:
This view is based upon certain misconceptions arising out of superfluous treatment of the complex issues involved. The full clarification of these misconceptions requires a detailed article. However, I would try to explain the basic points as briefly as possible.
It is true that “obedience”, in its true sense, belongs to Allah Almighty alone. He is the only One who deserves our obedience, and we are not supposed to obey any one other than Him. This is the logical requirement of the doctrine of “Tawhid” (belief in the Oneness of Allah). Even the obedience of the Most Beloved Prophet (Salla Allahu Ta'ala alayhi Wa Sallam) has been prescribed for us only because he is the Beloved Messenger (Salla Allahu Ta'ala alayhi Wa Sallam) of Allah (Subhanhu wa Ta'ala) who conveys to us the divine commandments. Otherwise he has no divine status deserving our obedience per se. We are ordered to obey and follow him only because Allah’s (Subhanahu wa Ta'ala) pleasure has been epitomised in his sayings and acts.
We are, therefore, required to follow the Qur'an al-kareem, being the direct commandment of Allah, and the Sunnah of the Beloved Prophet (Salla Allahu Ta'ala alayhi Wa Sallam) being an indirect form of the divine commandments.
But the point is that the interpretation of the Qur'an al-kareem and Sunnah is not an easy job. It requires an intensive and extensive study of both these sacred sources of Shariah, which cannot be undertaken by every layman. If it is made obligatory on each and every muslim to consult the Qur'an al-kareem and the Sunnah in each and every problem arising before him, it will burden him with a responsibility which is almost impossible for him to discharge, because the inference of the rules of Shariah from the Qur'an al-kareem and Sunnah requires a thorough knowledge of the Arabic language and all the relevant material which a layman is not supposed to have. The only solution to this problem is that a group of persons should equip themselves with the required knowledge of Shariah, and the others should ask them about the injunctions of Shariah in their day-to-day affairs. This is exactly what the Qur’an al-kareem has ordained for the Muslims in the following words:
“So, a section from each group of them should go forth, so that they may acquire the knowledge and perception in the matters of religion, and so that they may warn their people when they return to them that they may be watchful.”
This verse of the Qur'an al-kareem indicates in clear terms that a group of muslims should devote itself for acquiring the knowledge of Shariah, and all others should consult them in the matters of Shariah.
Now, if a person asks an authentic ‘alim (knowledgeable person) about the Shariah ruling in a specific matter, and acts upon his advice, can a reasonable person accuse him of committing shirk on the ground that he has followed the advice of a human being instead of Qur'an al-kareem and Sunnah? Certainly not. The reason is obvious. He has not abandoned the obedience of Allah (Subhanahu wa Ta'ala) and His Most Beloved Messenger (Salla Allahu Ta'ala alayhi Wa Sallam) ; rather, he wants nothing but to obey them. However, being ignorant of their commands, he has consulted an ‘alim in order to know what he is required by Allah to do. He has not taken that ‘alim as the subject of his obedience, but he has taken him as an interpreter of the divine commandments. Nobody can blame him and say he is committing shirk (which means ascribing partners to God).
This is exactly what the term ‘taqleed’ means. A person who has no ability to understand the Qur'an-e-Paak and Sunnah consults a muslim jurist, often termed as Imam, and acts according to his interpretation of Shariah. He never deems him worthy of obedience per se, but he seeks his guidance for knowing the requirements of Shariah, because he has no direct access to the Qur'an al-kareem and Sunnah or does not have adequate knowledge for inferring the rules of Shariah. This behaviour is called taqleed of that jurist or imam. How can it be said that taqleed is tantamount to shirk?
The qualified muslim jurists or imams have devoted their lives for the study of the Qur'an al-kareem and Sunnah and have collected the rules of Shariah; according to their respective interpretation of Shariah, in an almost codified and systematic form. This collection of the Shariah rules according to the interpretation of a particular jurist/scholar Imam is called the ‘madhhab’ of that jurist. Thus the madhhab of an imam is not something parallel to shariah, or something alien to it; in fact it is a particular interpretation of Shariah and a collection of the major Shariah rules inferred from the Qur'an al-kareem and Sunnah by some authentic jurists and arranged subject wise for the convenience of the followers of the Shariah. So, the one who follows a particular madhhab actually follows the Qur'an al-kareem and Sunnah according to the interpretation of a particular authentic jurist whom he believes to be the most trustworthy and the most knowledgeable in matters of Shariah.
As for the difference of the madhaib it has emerged through the different possible interpretations of the rules mentioned in or inferred from the Qur'an al-kareem and Sunnah. In order to understand this point properly, it will be relevant to note that the rules mentioned in the Qur'an al-kareem and Sunnah are of two different types. Some rules are mentioned in these sacred sources in such clear and unambiguous expressions that they permit only one interpretation, and no other interpretation is possible thereof, such as the obligation of Salaah, Zakaah, fasting and Hajj, the prohibition of pork, wine, etc. With regard to this set of rules, no difference of opinion has ever taken place. All the schools of jurists are unanimous on their interpretation, hence there is no room for ijtihad or taqleed in these matters, and because every layman can easily understand them from the Qur'an al-kareem and Sunnah, no intervention of a jurist or imam is called for. But there are some rules of Shariah derived from the Qur'an al-kareem and Sunnah where either of the following different situations may arise:
The expression used in the Sacred Sources may permit more than one interpretation. For example, while mentioning the period of ‘iddah (waiting period) for the divorced women, the Qur'an al-kareem has used the following expression:
“And the divorced women shall wait for three periods of ‘Qur’ “
1]. The word ‘Qur’ used in this verse has two meanings lexically. It covers both the period of menstruation and the period of purity (i.e. the tuhr). Both meanings are possible in the verse and each of them has different legal consequences. The question that requires juristic effort is which of the two meanings are intended here. While answering this question, the juristic opinions may naturally differ, and have actually differed. Imam Shafi’I Radi Allahu Ta'ala anhu interprets the word ‘Qur’ as the period of tuhr (purity) while Imam Abu Hanifah Radi Allahu Ta'ala anhu interprets it as ‘the period of menstruation.’ Both of them have a number of arguments in support of their respective views, and no one interpretation can be rejected outright. It is in this way that the differences among certain madhaib have emerged.
2]. Sometimes there appears some sort of contradiction between two traditions of the Most Beloved Prophet Salla Allahu Ta'ala alayhi Wa Sallam and a jurist has to reconcile them or prefer one of them over the other. In this case also, the viewpoints of the jurists may differ from each other.
For example, there are two sets of traditions found in the books of hadith attributing different behaviour to the Most Beloved Prophet Salla Allahu Ta'ala alayhi Wa Sallam while going for ruku in prayer. The first set of ahadith mentions that he used to raise his hands before bowing down for ruku while the other traditions mention that he did not raise his hands except in the beginning of the Salaah.
The muslim jurists, while accepting that both methods are correct, have expressed different views about the question which of the two methods is more advisable and rewardable. This is another cause of difference between various madhaib.
3]. There are many problems or issues which have not been mentioned in the Qur'an al-kareem and Sunnah in specific or express terms. The solution to such problems is sought either through analogy or through some expressions found in the Sacred Sources which have an indirect bearing on the subject. Here again the jurists may have different approaches while they infer the required solution from the Qur'an al-kareem and Sunnah.
Such are the basic causes of difference between the madhaib. This difference is in no way a defect in Shariah; rather, it is a source of dynamism and flexibility.
A muslim jurist who has all the necessary qualifications for ijtihad is supposed, in the aforesaid situation, to exert the best of his efforts to discover the actual intention of the Qur'an al-kareem and Sunnah. If he does this to the best of his ability and with all his sincerity, his obligation towards Allah is discharged, and nobody can blame him for violating the Shariah, even though his view seems to be weaker when compared to the other ones. This is a natural and logical phenomenon certain to be found in every legal system. The enacted laws in every legal framework do not contain each and every minute detail of the possible situations. The expressions used in a statute are often open to more than one interpretation, and different courts of law, while applying such provisions to the practical situations, often disagree in the matter of their interpretation. One court explains the law in a particular way while the other court takes it in a quite different sense. Nobody ever blames any one of them for the violation of the law. Not only this, if the former court is a High Court, all the lower courts and all the people living within the jurisdiction of that High Court are bound to follow the interpretation laid down by it even though their personal opinion does not conform to the approach of the superior court. In this case, if they follow the decision of the superior Court nobody can say that they are not following the law, or that they are holding the Court as the Sovereign authority instead of the real legislator, because, in fact, they are following the decision of the Court only as a trust-worthy interpreter of law, and not as a legislator.
Exactly in the same way, the madhab of a muslim jurist is nothing but a credible interpretation of the Shariah. Another competent jurist may disagree with this interpretation, but he can never accuse him of the violation of Shariah, nor can anyone blame the followers of that particular madhab for following something other than Shariah, or for committing shirk by following the imam of that madhab instead of obeying Allah and His Most Beloved Messenger Salla Allahu Ta'ala alayhi Wa Sallam, because, they are following the madhab as a credible interpretation of Shariah, and not as a law-making authority.
Ummu Sufyaan
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Jazakallahu khair, akhee...
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Selam aleykum we rahmetallahu we berekathu,
I believe this short and simple article is very useful aswell, elhamdulillah!
http://www.modernmuslima.com/madhhabs.htm
I believe this short and simple article is very useful aswell, elhamdulillah!
http://www.modernmuslima.com/madhhabs.htm
al Amaanah
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jazaki Allahu khair ukht ramlah
Ummu Sufyaan
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no problems.
AbuSalahudeen
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I am no body but this is what i have understood from this issue
The definition of taqleed is that when you follow the opinion of a scholar without knowing the evidence and you must always follow what the Imam of his madhab says even if the Imam's opinion is against the Qur'an and Sunnah.
regarding taqleed this is what Imam Ahmad bin Hanbil (May Allah be pleased with him) said: "Do not do my taqleed, nor Malik's, nor Shafi's, nor Awza'ee's, nor Thawri's, rather where they took their rulings [Qur'an and Sunnah] from, you should also take from there" [Aqyadhul Ahm p 113, A'lamul mwaq'yeen 2/302]
In another place he (rahimahullah) said: "Do not blindly follow me, nor
Maalik, nor Awzaa’ee and not anyone else, rather as they took their rulings and issues from the Qur’aan and Sunnah; you also take from them.” [Aqdul Jayid p.8]
It is not correct to say that all of the four Imams were correct because many times their opinions clearly contradict each other; how can they both be correct at the same time i.e. Shafi's view is that your wadu breaks if you touch a women with or without desire whereas Hanfi's view is that it does not (which is correct according to the Sunnah). So how can you be in the satate of wadu and not wadu at the same time?
Also, there are many issues for which we do not require rocket science to understand.
The definition of taqleed is that when you follow the opinion of a scholar without knowing the evidence and you must always follow what the Imam of his madhab says even if the Imam's opinion is against the Qur'an and Sunnah.
regarding taqleed this is what Imam Ahmad bin Hanbil (May Allah be pleased with him) said: "Do not do my taqleed, nor Malik's, nor Shafi's, nor Awza'ee's, nor Thawri's, rather where they took their rulings [Qur'an and Sunnah] from, you should also take from there" [Aqyadhul Ahm p 113, A'lamul mwaq'yeen 2/302]
In another place he (rahimahullah) said: "Do not blindly follow me, nor
Maalik, nor Awzaa’ee and not anyone else, rather as they took their rulings and issues from the Qur’aan and Sunnah; you also take from them.” [Aqdul Jayid p.8]
It is not correct to say that all of the four Imams were correct because many times their opinions clearly contradict each other; how can they both be correct at the same time i.e. Shafi's view is that your wadu breaks if you touch a women with or without desire whereas Hanfi's view is that it does not (which is correct according to the Sunnah). So how can you be in the satate of wadu and not wadu at the same time?
Also, there are many issues for which we do not require rocket science to understand.
the definition of taqleed at its root, is to follow someone without proof.
the scholars like Fawzaan, and other like Ibn Uthaymeen divided taqleed between that which is
1. haraam
2. mubah (permissible)
3. mandatory
the haraam aspect of taqleed is the avenue in which soemone has the ability to find the sources of knowledge, and who knows the difference between the texts that are general and specific, the knowledge of nasikh wa mansookh, and has a more detailed level of fiqh. upon such a person, it is haraam for them to follow someone blindly.
as for the person who mrely has a rudimentary level of fiqh, then taqleed in this case is mubah, which in actuality is understood according to the sunni s*lafi understanding of 'ittibaa which in this case is following which is in accordance with the ayaah of the quraan to ask the people of dhikr if you do not know.
the scholars, in explaining this ayaah, said that the purpose of asking these people, is so that they are to be followed, this taqleed in this case is placed under mubah for it is allowed to followed them in this regard even if you do not know the proof specifically in the texts, rather merely statting shaykh so and so is enough, provided that the people know that the asl (foundation) of this person is a sunni who implements and restricts himself to the methodology of the salafu-salih. If a scholar is upon this level and methodology, then asking for how he extracting proof about a ruling is not beffiting someone who is asking, but rather what is upon that person is to follow.
In the case where taqleed is mandatory, is like when soemone who has very little to no access to knowledge, and for a scholar to come to his region, then it is required to ask and take his ruling in the religion provided that this scholar is a sunni scholar who follows the methodology of the salafu-saalih.
in cases like this, or for soemone who is extremely ignorant not knowing the basics of fiqh, and their life indicates that they will not be able to advance themselves in the knowldge of the religion, then such people, taqleed would be binding for them.
as for the issue of madhaabs, there can and is the reality that rulings may arrive at a conclusion closer to the sunnah than other rulings. however, in discussing madhaabs, all are regarded as valid, but even udner this construct, when one deciphers the usool of the madhaab, then one can determine the strength of that madhaab over the other. in some madhabs, there are issues which are more stronger than others.
overall, in usool, they say that the ahlul-hadeeth based madhaabs, (maliki, shafi'ee, hanbali) have more of a validity to the sunnah than the ahlul-ra'i madhaabs, to which the only surviving bracnh to this date is the hanafi madhaab.
within the ahlul-hadeeth approach, they say that the hanbalis, regarding qawaa'id and usool, is more comprehensive and its usool are stronger in source texts. The other distinguishing factor of the hanbalis is that their madhaab is the one that falls least in the amount of majroohaat (unfavorable issues)
In this regard, i follow more with the hanbalis in my fiqh and study its madhaab over others. So inspite of m being bias to the hanbalis, I must confess that the maliki madhaab taken form the true jurisprudents like Ibn Abi Zayd, or like Abu Ishaaq ash-Shatibi, and others, not affected by sufism and ash'arism, their madhaab in fiqh is strong and they have issues of fiqh that is amazing in its fun****tals. ANd as for the shafi'ees, it is even more amazement, for they are like hanbalis, yet distinct, their fiqh is comprehensive and even if we look at Imaam al-Ghazali from the fiqh aspect alone (not considering his creed), it is amazing for he was a true mujtahid in this regard. his works on fiqh are phenomenal. SO was n-Nawawee, and so was the works of Ibn MUndhir and the famous mujtahid Abu Ishaq ash-Shiraazi. However, among the shafi'ees, they all agree that an-Nawawee, rahimahullah, is the criterion within the madhaab, and his rawdhatu-talibeen remains a primer in the madhaab, and it is voluminous in nature, like most of the works of the ulema
however, i believe the hanbalis outdid them, and the maqdisi family along with Ibnu-Muflih, Ibn Taymiyyah, and our shaykh Abdur-Rahman bin Nasir as-S'adi and as-Safareeni are great proponents to the madhaab.
asalamu alaikum
the scholars like Fawzaan, and other like Ibn Uthaymeen divided taqleed between that which is
1. haraam
2. mubah (permissible)
3. mandatory
the haraam aspect of taqleed is the avenue in which soemone has the ability to find the sources of knowledge, and who knows the difference between the texts that are general and specific, the knowledge of nasikh wa mansookh, and has a more detailed level of fiqh. upon such a person, it is haraam for them to follow someone blindly.
as for the person who mrely has a rudimentary level of fiqh, then taqleed in this case is mubah, which in actuality is understood according to the sunni s*lafi understanding of 'ittibaa which in this case is following which is in accordance with the ayaah of the quraan to ask the people of dhikr if you do not know.
the scholars, in explaining this ayaah, said that the purpose of asking these people, is so that they are to be followed, this taqleed in this case is placed under mubah for it is allowed to followed them in this regard even if you do not know the proof specifically in the texts, rather merely statting shaykh so and so is enough, provided that the people know that the asl (foundation) of this person is a sunni who implements and restricts himself to the methodology of the salafu-salih. If a scholar is upon this level and methodology, then asking for how he extracting proof about a ruling is not beffiting someone who is asking, but rather what is upon that person is to follow.
In the case where taqleed is mandatory, is like when soemone who has very little to no access to knowledge, and for a scholar to come to his region, then it is required to ask and take his ruling in the religion provided that this scholar is a sunni scholar who follows the methodology of the salafu-saalih.
in cases like this, or for soemone who is extremely ignorant not knowing the basics of fiqh, and their life indicates that they will not be able to advance themselves in the knowldge of the religion, then such people, taqleed would be binding for them.
as for the issue of madhaabs, there can and is the reality that rulings may arrive at a conclusion closer to the sunnah than other rulings. however, in discussing madhaabs, all are regarded as valid, but even udner this construct, when one deciphers the usool of the madhaab, then one can determine the strength of that madhaab over the other. in some madhabs, there are issues which are more stronger than others.
overall, in usool, they say that the ahlul-hadeeth based madhaabs, (maliki, shafi'ee, hanbali) have more of a validity to the sunnah than the ahlul-ra'i madhaabs, to which the only surviving bracnh to this date is the hanafi madhaab.
within the ahlul-hadeeth approach, they say that the hanbalis, regarding qawaa'id and usool, is more comprehensive and its usool are stronger in source texts. The other distinguishing factor of the hanbalis is that their madhaab is the one that falls least in the amount of majroohaat (unfavorable issues)
In this regard, i follow more with the hanbalis in my fiqh and study its madhaab over others. So inspite of m being bias to the hanbalis, I must confess that the maliki madhaab taken form the true jurisprudents like Ibn Abi Zayd, or like Abu Ishaaq ash-Shatibi, and others, not affected by sufism and ash'arism, their madhaab in fiqh is strong and they have issues of fiqh that is amazing in its fun****tals. ANd as for the shafi'ees, it is even more amazement, for they are like hanbalis, yet distinct, their fiqh is comprehensive and even if we look at Imaam al-Ghazali from the fiqh aspect alone (not considering his creed), it is amazing for he was a true mujtahid in this regard. his works on fiqh are phenomenal. SO was n-Nawawee, and so was the works of Ibn MUndhir and the famous mujtahid Abu Ishaq ash-Shiraazi. However, among the shafi'ees, they all agree that an-Nawawee, rahimahullah, is the criterion within the madhaab, and his rawdhatu-talibeen remains a primer in the madhaab, and it is voluminous in nature, like most of the works of the ulema
however, i believe the hanbalis outdid them, and the maqdisi family along with Ibnu-Muflih, Ibn Taymiyyah, and our shaykh Abdur-Rahman bin Nasir as-S'adi and as-Safareeni are great proponents to the madhaab.
asalamu alaikum
Never having studied much about mazhabs and their differences, I don't know the answer to this. But I do know that our 'Ulama strongly discourage such discussions as they say that it causes dissension among the Ummah. They say, quite rightly, that all the 4 mazhabs are equally correct, and the average person is not qualified to judge between them.
They say that a person newly comming to Islam should follow the mazhab of the area he lives in, to minimize dissension and confusion, and that the common people should not change their mazhab, or pick and choose between the masail of one mazhab and another. A Mufti and according to some people, an 'Alim, is qualified to pick and choose between the mazhabs, or even make a new decision based on his knowledge of Quran, Hadith, Fiqh, and Osooli Fiqh and Hadith.
This is my understanding of the position of Pakistan's Hanafi Ulama, which maybe flawed. Also, Ulama of different areas and differant mazhabs may have different views on this matter, based on how islamicly educated the common population is in their areas. I know that in Pakistan this particular debate almost inevitably breaks down into statements like, 'all people of mazhab x are deluded and wrong', 'no, you are the people with the wrong mazhab', and so on.
They say that a person newly comming to Islam should follow the mazhab of the area he lives in, to minimize dissension and confusion, and that the common people should not change their mazhab, or pick and choose between the masail of one mazhab and another. A Mufti and according to some people, an 'Alim, is qualified to pick and choose between the mazhabs, or even make a new decision based on his knowledge of Quran, Hadith, Fiqh, and Osooli Fiqh and Hadith.
This is my understanding of the position of Pakistan's Hanafi Ulama, which maybe flawed. Also, Ulama of different areas and differant mazhabs may have different views on this matter, based on how islamicly educated the common population is in their areas. I know that in Pakistan this particular debate almost inevitably breaks down into statements like, 'all people of mazhab x are deluded and wrong', 'no, you are the people with the wrong mazhab', and so on.
My understanding of this is that both views are correct (as in, nobody will be punished because of it) for the person who thought them up (Imams Abu Hanifa and Shafi) and the people who follow them, because they, being mujtahids, and following the correct rules of ijtihaad came to their own respective conclusion. As for the people who are not mujathids, they are required to follow a mujtahid until they acquire the knowledge necessary for ijtihaad.
As for your statement that as the opinions contradict each other, one of them must be correct and the other false, this is true by itself. One of the opinions must be correct, but since both Imams arrived to their conclusion by following correct means, we have no way of determining absolutely which opinion is true, though a mujtahid may have his own OPINION about it. Only Allah knows which is the absolute correct one.
There are 2 Ahaadith in support of this that I read a while back but can't find at the moment. Maybe somebody else can find them and post them The first says something to the effect of:
While travelling (on a Ghazwa) the Nabi SAWS told the Sahaba to pray Asr at a particular place (or meet him there for Asr). The Sahaba were a little late and on the way they realized that they would not reach there before maghrib. Thinking that the Nabi SAWS had not intended them to miss their salaat, some of the sahaba stopped and prayed before reaching that place. Others said that deen is following the Nabi SAWS and if he tells us to delay salaat we will. When they met Rasoolullah SAWS he said that both groups were right.
The second hadith goes something like this:
There is one Hasanah for the mujtahid who makes an ijtihaad an is wrong, and 2 Hasanaat for the mujtahid who makes an ijtihaad and is right.
May Allah forgive any mistakes in this text.
Ayesha Rana
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lol i don't really follow a particular madhab. i respect all the scholars and especially the ones you just mentioned because they came with the pure intention of purifying and getting rid of the misconceptions that litter the ummah. i don't like it when people say for example 'i follow so and so sect so i must...' because our role model is the prophet and these scholars admitted that they were human and didn't like that people should blindly follow them. like they themselves said, if something of their actions r saying contradicts the sahih hadith and they were presented with that sahih hdith then they would leave it and accept the hadith. i love this aspect because it shows they weren't proud. it's sad that so many scholars have been slandered just beacuse the people who called themselves their followers did wrong. But anyway AllahuA'lam and as long as Allah is pleased with my actions i'm satisfied.
Correction of Historical Misunderstanding
The corretion I want to make is the common belief as plastered by modern day taleed shaykhs is the ideas that
1. one must follow a madhaab
2. one must not change his madhaab
3. one must adopt the madhaab of the land
all of which have no basis to begin with
Ibn Hazm says in Usool al-Ahkaam (6/118):
"Indeed, all the fuqahaa' whose opinions are followed were opposed to taqleed, and they forbade their companions from following their opinion blindly. The sternest among them in this regard was ash-Shaafi'ee (rahima-hullaah) , for he repeatedly emphasised, more than anyone else, following the authentic narrations and accepting whatever the proof dictated; he also made himself innocent of being followed totally, and announced this to those around him. May this benefit him in front of Allaah, and may his reward be of the highest, for he was the cause of great good."
The Opinion of the Majority: The Layman Has No Madhab:
This is the opinion of the majority of the Malikis, Shafi’is and Hanbalis, according to Ibn Taymiyah.
It is also widely reported in Shafi’i sources, that Abu al-Fath al-Harawi - from the students of al-Shafi’i - said: “The Madhab of the generality of the followers (of al-Shafi’i), is that the layman has no Madhab. Hence, if he finds a Mujtahid, he makes Taqleed of him; and if he is unable to find one, but finds instead one who is well-acquainted with a Madhab, he makes Taqleed of him”
Al-Imam al-Nawawi says: “What is dictated by the evidence is that a person is not obliged to adhere to a Madhab; rather he should ask whoever he wishes.”
Ibn Qawan al-Shafi’i says in his al-Tahqiqat, “The truth is that it is not incumbent to adhere to a Madhab; Rather, a person should ask whoever he likes, but without seeking allowances (tatabbu’ al-rukhas).”
Mulla ‘Ali al-Qari al-Hanafi says (as reported by al-Ma’sumi): “It is not obligatory upon anyone from the Ummah to be a Hanafi, or a Maliki, or a Shafi’i, or a Hanbali; rather, it is obligatory upon everyone, if he is not a scholar, to ask someone from Ahl al-Dhikr (people of knowledge), and the four Imams are from amongst the Ahl al-Dhikr.”
Ibn al-Humam al-Hanafi says in his Tahrir (as quoted by al-Ma’sumi): “Adhering to a particular Madhab is not obligatory, according to the correct opinion, since nothing becomes obligatory, except that which Allah did not oblige has commanded; and Allah and His Messenger and His Messenger anyone to adhere to the Madhab of any particular individual from the Ummah, to make Taqleed of all that he says and to leave the sayings of everyone else. Surely, the blessed generations passed without obliging anyone to adhere to a particular Madhab.”
This is also the opinion of some of the leading Hanafi jurists of modern times, such as ‘Abdul-Fattah Abu Ghuddah - may Allah have mercy on him, (see his comments on al-Ihkam by al-Qarafi p. 231) in addition to Al-Zuhaili who says in his Usul al-Fiqh al-Islami 2/1166 that this is the correct opinion. He further adds, in the footnote of the same page, about the layman, that: “It is not correct for him to have a Madhab, even if he adheres to it.”
Ibn Muflih al-Hanbali, in al-Furu’, mentions the difference of opinion amongst the Malikis and Shafi’is, saying: “It not being obligatory is the most famous opinion”. Al-Mardawi comments: “And this is the correct opinion”.
Ibn al-Najjar al-Hanbali says: “A layman is not obliged to adhere to a Madhab…”
Ibn al-Qayyim says: “This is definitely the correct opinion, since there is nothing obligatory, except that which Allah made obligatory. And never did Allah or His Messenger and His Messenger oblige anyone to adhere to the Madhab of one of the Imams, to make Taqleed of one and leave the others.”
Ibn Taymiyah says: “If a Muslim faces an event without precedence, then he should ask the one he believes issues verdicts in accordance with Allah’s and His Messenger’s Shari’ah, irrespective of which Madhab he is from. It is not incumbent upon any Muslim to make Taqleed of a particular person amongst the scholars in everything he says” - to his words - “For one to follow someone’s Madhab due to his incapacity to find out the Shar’i ruling from other than him, then that is only permissible, and not something obligatory upon everyone if it becomes possible for one to obtain the knowledge of Shar’ through different means. In fact, everyone is obliged to fear Allah to his utmost, and seek the knowledge of what Allah and His Messenger have ordained, so that he may perform the ordered and abstain from the prohibited.”
He also says: “There are two opinions [with regards to this issue] amongst the followers of Ahmad, as well as amongst the followers of al-Shafi’i, and the majority from both groups do not oblige [adherence to one of the Madhabs]. And those who oblige it say: If one adheres to a Madhab, it is not possible for him to oppose it, so long as he is an adherent, or as long as it does not become clear to him that another Madhab is more worthy of being followed.”
He then discusses the issue of changing Madhabs and saying that if one changes his Madhab for worldly reasons, or merely seeking allowances, then that is, without doubt, condemned; it is like the companion who was known as ‘the migrant for Umm Qais’, who migrated from Makkah to Madinah to said: “Indeed actions are based onmarry a woman, about which the Prophet intentions…”. As for the one who changes his Madhab due to religious reasons, or leaves an opinion in his Madhab when opinion of another Madhab appears stronger to him, then that is not only praiseworthy, but also obligatory, as no one has the right to oppose the verdict of .Allah and His Messenger
Hence, our conclusion is that, it is not obligatory on a layman to follow a Madhab, but it is still allowed for the one who finds no way but this, to obtain Allah’s ruling on an issue.
Prohibition of Devising Opinions and Following Allowances:
By ‘devising opinions’ (Talfiq), we mean the practice of selecting various opinions in a particular issue from the different Madhabs and combining them, such that the end result is considered invalid in the sight of all the Madhabs. An example of this would be for a person to wipe only a part of his head in Wudu, in accordance with the Shafi’i opinion, and then to touch a woman, while believing that does not break Wudu, following the Maliki opinion. Such Wudu, however, is invalid according to both Malikis and Shafi’is, because the Malikis believe in wiping the head in its entireity, whilst the Shafi’is believe that to touch a woman, even without desire, breaks one Wudu.
Although the majority of the latter scholars from the Malikis, Shafi’is and Hanbalis prohibit Talfiq absolutely, most of the Hanafis allow it. They argue that the phenomenon of Talfiq did not exist at the time of the Companions, as there were many occasions where a Companion would be asked about an issue yet he would not forbid the Mustafti from seeking Fatwa from other than him. Albani al-Husaini mentions many examples from the four Imams and their followers of practicing Talfiq, not to mention praying behind each other, in spite holding different opinions concerning the conditions of Wudu. In addition, many times a layman would ask numerous Muftis, without knowing the Madhabs they adhered to, about different aspect of prayer, which may often result in Talfiq, yet none considered their acts of worship to be invalid.
However, those who permit Talfiq, do not allow all of its types, and moreover, they stipulate further conditions. Therefore, the type of Talfiq they deem to be prohibited is when the end result in and of itself is Haram, such as the consumption of alcohol or fornication. An example of this is for a person to marry without a guardian, following the Hanafi opinion, and without any witnesses, following the Maliki opinion; The end result of such Talfiq is marrying a woman without guardian nor witnesses, which is essentially fornication, an act clearly forbidden by all scholars. Another type of prohibited Tafliq is that which is prohibited due to additional factors; for example to deliberately hunt out the most lenient opinions from the Madhabs, without any need or excuse. This is very brief discussion of the issue of Talfiq, and if the reader desires to know more of the issue, then the best resource would be Albani al-Husaini’s book “’Umdat al-Tahqiq Fi al-Taqlid wa al-Talfiq”.
Following allowances (Tatabbu’ al-Rukhas) is for a person to “pick and choose from every Madhab the most lenient opinion for himself”, as stated Ibn Qawan al-Shafi’i. That is, as Imam Ahmad said: “If a person were to act on the opinion of people of Kufa in [permissibility] of Wine (Nabidh), and the opinion of people of Madinah in [permissibility] of music, and the opinion of the people of Makkah in [permissibility] of temporary marriage (mut’ah), he would be considered a Fasiq”. Sulayman al-Taimi said: “If you were to take allowances of every scholar, all the evil will be gathered in you”.
The one who seeks and follows allowances is considered a Fasiq, according to the correct opinion, which has been expressed explicitly byAhmad (nass), as well as an opinion amongst Shafi’is. Ibn Taymiyah says that if it is allowed for the layman to make Taqleed of whomever he wishes, then what the statements of our [Hanbali] scholars indicate is that it is not permissible for him to seek and follow allowances in any circumstance. Al-Mardawi says that: “Ibn ‘Abdil-Bar mentioned consensus (Ijma’) on this issue, and such a person is regarded to be a Fasiq in the opinion of Ahmad - may Allah have mercy upon him - as well as others”. Although the consensus mentioned by ibn ‘Abdil-Barr is not definitely established, the prohibition of following allowances remains to be the opinion of the vast majority of the scholars. Even the minority who permit it - that is, the majority of the Hanafis - only do so in certain situations, such as a person facing extreme hardship, or a person affected with constant whispering from the devil (wiswas). This is understood from the statement of al-Zuhaili in the section on the occasions when Talfiq is prohibited: “Tatabbu’ al-Rukhas (following allowances) intentionally, that is, for one to deliberately select the most lenient opinion from every Madhab without any necessity or excuse, is forbidden, in order to prevent the means (Sadd al-Dhara’i) which would absolve one of their Shar’i responsibility.”
However, the correct opinion - and Allah knows best - is that which has been favoured by the majority of the scholars, namely, that Tatabbu’ al-Rukhas is forbidden under all circumstances; since a Muslim is obliged to follow the orders of Allah, and not merely the most lenient opinion, for that entails following desires, and not revelation.
Point of Benefit:
Those who oblige every layman to make Ijtihad and abandon Taqleed usually use statements of the four Imams that indicate absolute prohibition of Taqleed in support of their position, such as the statement of Abu Hanifah: “It is not allowed for anyone to follow our opinion if he does not know from where we obtained it”; or that of Malik: “I am only a human being, who is correct and errs. Hence, look into my opinions, and all that which corresponds to the Book and the Sunnah, follow it. And all that conflicts with the Book and the Sunnah, leave it”; or that of al-Shafi’i: “If you find in my book that which opposes the Sunnah of the Messenger of then follow the SunnahAllah Messenger of and leave what I said”; orAllah that of Ahmad: “Do not make Taqleed of me, nor Malik, nor al-Shafi’i, nor al-Awza’i, nor al-Thawri. Rather take from where they took”.
All these statements are correct, but they were not intended for every layman, rather they were addressed to the students of these Imams, while barely any of them was a Mujtahid Mutlaq. They were, however, able to derive rulings from the sources of Islam and assess and evaluate evidences. In this regard, Sheikh Taqi al-Din Ibn Taymiyah says: “[Imam Ahmad] would order the layman to ask (yustafti) Ishaq, Abu ‘Ubaid, Abu Thawr, Abu Mus’ab, whilst he would forbid the scholars from his followers, such as Abu Dawud (the compiler of Sunan), ‘Uthman ibn Sa’id, Ibrahim al-Harbi, Abu Bakr al-Athram, Abu Zur’ah, Abu Hatim al-Sajistani, Muslim (the compiler of Sahih) and others, from making Taqleed of anyone from the scholars. He would say to them: You must refer to the sources, to the Book and the Sunnah.” (See al-Manhaj 373-376, al-Tahqiqat 643-645, Majmu’ah 20/116, 124-126, al-Mustadrak 2/241, 258, al-Furu’ 6/492, al-Insaf 11/147, I’lam 6/203-205, Mukhtasar al-Tahrir 103, Hal al-Muslim Mulzam… 14, Rawdhat al-Talibin 11/117, Usul al-Fiqh al-Islami 2/1166)
The Opinion of the Minority: The Layman is Obliged to Follow a Madhab:
This is a minority opinion from the Malikis, Shafi’is and Hanbalis, and a weak opinion, unworthy of being followed, due to the following reasons:
a) There is absolutely no evidence from the sources of Islam - the Qur’an, Sunnah, consensus (Ijma’) and analogy (qiyas) - nor a statement from one of the four Imams in support of this position.
Ibn al-Qayyim says: “This is an ugly innovation, which was never claimed by anyone of the Imams of Islam, while they are the most high in ranking, and most respected, and the most knowledgeable of toAllah and His Messenger oblige the people with that.”
b) The only argument used by these scholars is the principle of ‘blocking the means’ (Sadd al-Dhara’i) for the layman to pick and choose whatever he likes from opinions, and thereby, freeing himself from Shari’ responsibilities, resulting in chaos. However, the one who looks at this issue justly, realises that this is merely a case of extending Sadd al-Dhara’i beyond that which is necessary, like for one to prohibit the growing of grapes, in case people use it to make wine. Moreover, the Hanafis and Shafi’is - if they do not deny its use altogether - are extremely lenient in applying this principle, so how can they use this as a support for their position. On the other hand, most of those who do not oblige the layman, with that which Allah did not oblige him, explicitly forbid a layman from seeking and following allowances. Moreover, following allowances is as much applicable to a Mujtahid as it is to a layman, as is apparent from the opinion of al-Qadhi Abu Ya’la (see footnote #52) and therefore, obliging the layman alone with adherence to a Madhab is not a solution to the problem.
c) This opinion necessitates that a person may only ask a Mufti of his own Madhab, even if the Mufti of a different Madhab is more knowledgeable and pious, and the truth lies with him. This also makes unnecessary restrictions on the Mustafti and causes him unnecessary hardship.
Ibn Taymiyah says: “Sticking to a Madhab necessitates obedience of in all that he commands and forbids, and that is other than the Prophet opposed to consensus (Ijma’).”
Ibn al-Qayyim says: “This opinion necessitates the prohibition of asking the scholars of Madhabs different to his, as it equally necessitates the prohibition of adhering to a Madhab similar to, or better than, that of his Imam, as well as other things that this approach entails, the invalidity of which points to the invalidity of the opinion itself. In fact, it necessitates that if he sees a text from the Messenger of or anAllah opinion of the four Caliphs, aiding someone other than his Imam, that he should abandon the text and the opinions of the Companions, and give precedence to the one to whom he attributes himself.”
d) Those who oblige the layman with Taqleed of a Madhab say that he must make Ijtihad in choosing a Madhab and then follow it. Moreover, Ibn al-Salah and al-Nawawi from the Shafi’is and Ibn Hamdan from the Hanbalis say that the layman should not simply pick and choose a Madhab as he wishes, nor should he incline to the Madhab of his fore fathers. Undoubtedly, this opinion obliges something on a layman which he is unable to accomplish, since, for a layman to be capable of comparing between Madhabs requires him to possess knowledge of the principles of each Madhab, as well as some background information on its founder, his companions, some of the major books, and generally how close each of the Madhabs are to the revelation, and this, as is apparent, is obliging the Muqallid with that which is far beyond his capacity. Moreover, a layman must also look at the Madhab predominantly followed in his land; for if a layman decides to make Taqleed of the Hanbali Madhab, because he believes it closest to the truth, whilst he is a resident in a country which is predominantly Hanafi, then his ‘Ijtihad’ in finding the most suitable Madhab will be pointless. Surely, the difficulty and inappropriateness of this methodology is only too obvious, as well as it being a divergence from what the layman is required to learn from the basics of the five pillars, to that which is of no benefit to him in this world or the next.
e) From the evil consequences of obliging the layman to compare between Madhabs is the spread of sectarianism and fanaticism in adherence to a Madhab. One cannot but notice sectarianism amongst the scholars who oblige the layman to make Taqleed of one of the Madhabs. Hence, Ibn al-Salah al-Shafi’i, while discussing this issue, claims to simplify the process of choosing the right Madhab, by arguing that because al-Shafi’i came after the great Imams like Abu Hanifah, Malik and others, he was able to look into their opinions, compare and evaluate, nor was he followed by someone else of his calibre; therefore, it follows that his Madhab is more worthy of being followed. Then came al-Nawawi, who summarised the work of Ibn al-Salah and included it in his Majmu’, using Ibn al-Salah’s argument in preferring the Shafi’i Madhab. Then came Ibn Hamdan al-Hanbali, who relied much on Ibn al-Salah and al-Nawawi’s work, except that he replaced ‘al-Shafi’i’ with ‘Ahmad ibn Hanbal’, and further refuted the Shafi’is in their preference of the Shafi’i Madhab over other Madhabs, arguing that since Ahmad was the last of the Imams, he was able to investigate into the opinions of Abu Hanifah, Malik as well as al-Shafi’i, and then compare and evaluate them; and since there is none after Ahmad of his calibre, it follows that Ahmad’s Madhab is the most worthy of being followed!
Whereas the truth, as Sheikh Taqi al-Din Ibn Taymiya said, is that: “Most of the people speak out of conjecture and what the hearts desire, for they do not know the reality of the levels of Imams and Sheikhs, nor do they intend to follow the truth completely; rather, everyone’s heart desires that he favours the one he follows, and so he prefers him (over other Imams) based on conjecture, even if he has no proof for that. Sometimes, it may even lead to quarrelling, fighting and disunity, which is something Allah and His Messenger prohibited.”
Indeed, it led to wars amongst the Hanafis and the Shafi’is in Asfahan that resulted in the burning and destruction of the city as reported in Mu’jam al-Buldan 1/209. Hanafis and Shafi’is are known for their rivalry throughout Islamic history. It was their fanaticism, which lead some of Hanafis to say: “It is allowed for a Hanafi to marry a Shafi’i woman, but it is not allowed for a Shafi’i to marry a Hanafi woman. We regard them to be like the people of the Book”. Another fanatic, who was a Hanafi, saw in a dream that the Shafi’is will enter paradise before the Hanafis, so he became a Shafi’i. Even Imams such as al-Juwaini, wrote a book insulting the Hanafi Madhab and obliging everyone to follow the Shafi’i Madhab, which al-Kawthari - the “Abu Hanifah fanatic” – rebutted, insulting the Shafi’i Madhab; indeed, in some books, he went further than that and would even cast doubt on his lineage (as he did in his Ta’neeb), while the Prophet explicitly considered such behaviour to be from the acts of Jahiliyah!
Amongst the examples Hanafi fanaticism is what Muhammad ibn Musa al-Hanafi (d. 506) said: “If I had the authority, I would have charged Jizya on the Shafi’is”. Some Hanafis fanatics even claimed that ‘Isa - peace be upon him - would rule according to the Hanafi Madhab upon his return. Another one of them claimed that al-Khidr would attend the lessons of Abu Hanifah in the mornings, and after his death, he would go to Abu Hanifah’s grave to continue his lessons. Another one of them claimed that Allah called out to Abu Hanifah and said: “You and all those adhering to your Madhab are forgiven”!
Amongst the signs of such fanaticism in the ranks of the Shafi’is is what al-Nawawi reported from al-Isfara’ini, that a Shafi’i may not pray behind a Hanafi, due to the Hanafis not fulfilling the conditions of Wudu as affirmed by the Shafi’is. Another Shafi’i, al-Subki, claims that Allah told him to adhere to the Madhab of al-Shafi’i in his dream.
Indeed, it was due to obliging every layman to adhere to a Madhab that once a Sunni Iran, was turned into a Shiite Iran, when the Iranian ruler, Kharabandah ordered the Iranians to adhere to the Shiite Madhab.
If this is the condition of the learned men amongst the jurists, then what is expected of the layman? Therefore, if the principle of Sadd al-Dhara’i is to be applied, then surely it is more worthy of being applied here, in order to prevent internal conflicts between Madhabs and for the promotion of unity.
f) A layman cannot be attributed to a Madhab, because a person’s attribution to the Madhab must be based on reasonable links between a person and the Madhab. However, in reality, it is quite common for the layman to not even know the founder of the Madhab he might be attributing himself to, and therefore, such attribution is deemed senseless. Adherence to a Madhab is for those who take up the path of education by gradually learning the books of a Madhab, knowing the evidences and the methodology of deducing rulings according to the principles of a Madhab. As for attributing an ignorant layman to a Madhab, then that is nothing but oppression on that Madhab; for in how many instances, a person who claims to be following certain Madhab, is clueless about the opinions of the Madhab with regards to the basics of ritual purification (Taharah) and prayer. Furthermore, many laymen are, in fact, following their culture, while believing they are following their Madhab. Indeed, many of those who may attribute themselves to a Madhab, might not even be Muslims, if they are those who are drowned in sins that amount to Kufr or Shirk! So from what angle or perspective, or from what justice should a layman be regarded an adherent to any Madhab?
Ibn al-Humam says in his Tahrir (as reported by al-Ma’sumi): “…majority of the Muqallids say: I am a Hanafi, or a Shafi’i, while having no knowledge about the path of his Imam, hence, he does not become so by merely a claim. This is as if he were to say: I am a jurist, or an author; he does not become as such, by merely a claim, whilst he is far distant from the life of his Imam. Therefore, how can such attribution be valid, by merely a claim, and futile speech without any meaning?!”
Ibn al-Qayyim says: “A layman cannot have a Madhab even if he adheres to one, for the layman has no Madhab. This is because the Madhab is only for the one who has some insight and a way of deducing rulings, who also has insight into Madhabs befitting his level, or the one who studies a book in the applied Fiqh of that Madhab, and knows the verdicts of his Imam and his sayings. As for the one who has not accomplished any of that, yet says: I am a Shafi’i or a Hanbali, or other than that, then he does not become that merely by his claim. This is as if he were to say: I am a jurist, or a grammarian, or an author, he does not become one merely by a claim.
What makes it clearer is that the one, who says he is Shafi’i or a Maliki, or a Hanafi, actually claims that he is the follower of that Imam, adhering to his way. This can only be true for him if he were to tread his path in knowledge, understanding and deduction. As for one who is ignorant and distant from the life of the Imam, his knowledge and his path, how can his attribution to him be correct, with merely a claim, and futile speech in every sense?”
Misconceptions About Ibn Rajab’s Position:There are some from the contemporaries who claim that Ibn Rajab in his book ‘al-Radd ‘ala Man Ittaba’a Ghair Madhahib al-Arba’ah’ (Rebuttal of those who follow other than the four Madhabs), obliges the layman to adhere to a Madhab. However, the book does not even deal with the aforementioned issue, for in no place does Ibn Rajab speak about obliging the layman to stick to a Madhab; rather, his book is a general advice to some of his contemporaries amongst the jurists who, according to him, did not reach any level of Ijtihad, while they also freed themselves from Taqleed, and began to issue verdicts that fall outside of the four Madhabs. This also corresponds to what Ibn Taymiyah said that the truth generally does not fall outside the four Madhabs, while in very few issues, it may fall outside of the four Madhabs according to the correct opinion.
Nor is it correct to understand from the book that Ibn Rajab condemns anyone who opposes the Imam of his Madhab, or claims Ijtihad. This is because Ibn Rajab says in the same book (page 25-26), that in spite of the four Imams and their Madhabs, people have appeared, claiming Ijtihad and do not make Taqleed of any of the Imams; and amongst them are those who are truly Mujtahids and those that are not. What further supports this is that we find Ibn Rajab describing Sheikh al-Islam Ibn Taymiyah as a “Mujtahid” in his Dha’il Tabaqat. In fact, even Ibn Rajab himself did not adhere to his Madhab in every issue, for he was also known for his verdict on three Talaqs only occurring as one (as mentioned in al-Jawhar by ibn al-Mabrid), an opinion which falls outside of the four Madhabs, which he later left for the majority opinion.(See Principles 314-317, al-Wadih 162, Majmu’ah 20/161, Mawsu’at Ahl al-Sunnah 2/988-992, I’lam 6/203-205, al-Mustadrak 2/250, 251, Tasmiyat al-Muftin 72)
The corretion I want to make is the common belief as plastered by modern day taleed shaykhs is the ideas that
1. one must follow a madhaab
2. one must not change his madhaab
3. one must adopt the madhaab of the land
all of which have no basis to begin with
Ibn Hazm says in Usool al-Ahkaam (6/118):
"Indeed, all the fuqahaa' whose opinions are followed were opposed to taqleed, and they forbade their companions from following their opinion blindly. The sternest among them in this regard was ash-Shaafi'ee (rahima-hullaah) , for he repeatedly emphasised, more than anyone else, following the authentic narrations and accepting whatever the proof dictated; he also made himself innocent of being followed totally, and announced this to those around him. May this benefit him in front of Allaah, and may his reward be of the highest, for he was the cause of great good."
The Opinion of the Majority: The Layman Has No Madhab:
This is the opinion of the majority of the Malikis, Shafi’is and Hanbalis, according to Ibn Taymiyah.
It is also widely reported in Shafi’i sources, that Abu al-Fath al-Harawi - from the students of al-Shafi’i - said: “The Madhab of the generality of the followers (of al-Shafi’i), is that the layman has no Madhab. Hence, if he finds a Mujtahid, he makes Taqleed of him; and if he is unable to find one, but finds instead one who is well-acquainted with a Madhab, he makes Taqleed of him”
Al-Imam al-Nawawi says: “What is dictated by the evidence is that a person is not obliged to adhere to a Madhab; rather he should ask whoever he wishes.”
Ibn Qawan al-Shafi’i says in his al-Tahqiqat, “The truth is that it is not incumbent to adhere to a Madhab; Rather, a person should ask whoever he likes, but without seeking allowances (tatabbu’ al-rukhas).”
Mulla ‘Ali al-Qari al-Hanafi says (as reported by al-Ma’sumi): “It is not obligatory upon anyone from the Ummah to be a Hanafi, or a Maliki, or a Shafi’i, or a Hanbali; rather, it is obligatory upon everyone, if he is not a scholar, to ask someone from Ahl al-Dhikr (people of knowledge), and the four Imams are from amongst the Ahl al-Dhikr.”
Ibn al-Humam al-Hanafi says in his Tahrir (as quoted by al-Ma’sumi): “Adhering to a particular Madhab is not obligatory, according to the correct opinion, since nothing becomes obligatory, except that which Allah did not oblige has commanded; and Allah and His Messenger and His Messenger anyone to adhere to the Madhab of any particular individual from the Ummah, to make Taqleed of all that he says and to leave the sayings of everyone else. Surely, the blessed generations passed without obliging anyone to adhere to a particular Madhab.”
This is also the opinion of some of the leading Hanafi jurists of modern times, such as ‘Abdul-Fattah Abu Ghuddah - may Allah have mercy on him, (see his comments on al-Ihkam by al-Qarafi p. 231) in addition to Al-Zuhaili who says in his Usul al-Fiqh al-Islami 2/1166 that this is the correct opinion. He further adds, in the footnote of the same page, about the layman, that: “It is not correct for him to have a Madhab, even if he adheres to it.”
Ibn Muflih al-Hanbali, in al-Furu’, mentions the difference of opinion amongst the Malikis and Shafi’is, saying: “It not being obligatory is the most famous opinion”. Al-Mardawi comments: “And this is the correct opinion”.
Ibn al-Najjar al-Hanbali says: “A layman is not obliged to adhere to a Madhab…”
Ibn al-Qayyim says: “This is definitely the correct opinion, since there is nothing obligatory, except that which Allah made obligatory. And never did Allah or His Messenger and His Messenger oblige anyone to adhere to the Madhab of one of the Imams, to make Taqleed of one and leave the others.”
Ibn Taymiyah says: “If a Muslim faces an event without precedence, then he should ask the one he believes issues verdicts in accordance with Allah’s and His Messenger’s Shari’ah, irrespective of which Madhab he is from. It is not incumbent upon any Muslim to make Taqleed of a particular person amongst the scholars in everything he says” - to his words - “For one to follow someone’s Madhab due to his incapacity to find out the Shar’i ruling from other than him, then that is only permissible, and not something obligatory upon everyone if it becomes possible for one to obtain the knowledge of Shar’ through different means. In fact, everyone is obliged to fear Allah to his utmost, and seek the knowledge of what Allah and His Messenger have ordained, so that he may perform the ordered and abstain from the prohibited.”
He also says: “There are two opinions [with regards to this issue] amongst the followers of Ahmad, as well as amongst the followers of al-Shafi’i, and the majority from both groups do not oblige [adherence to one of the Madhabs]. And those who oblige it say: If one adheres to a Madhab, it is not possible for him to oppose it, so long as he is an adherent, or as long as it does not become clear to him that another Madhab is more worthy of being followed.”
He then discusses the issue of changing Madhabs and saying that if one changes his Madhab for worldly reasons, or merely seeking allowances, then that is, without doubt, condemned; it is like the companion who was known as ‘the migrant for Umm Qais’, who migrated from Makkah to Madinah to said: “Indeed actions are based onmarry a woman, about which the Prophet intentions…”. As for the one who changes his Madhab due to religious reasons, or leaves an opinion in his Madhab when opinion of another Madhab appears stronger to him, then that is not only praiseworthy, but also obligatory, as no one has the right to oppose the verdict of .Allah and His Messenger
Hence, our conclusion is that, it is not obligatory on a layman to follow a Madhab, but it is still allowed for the one who finds no way but this, to obtain Allah’s ruling on an issue.
Prohibition of Devising Opinions and Following Allowances:
By ‘devising opinions’ (Talfiq), we mean the practice of selecting various opinions in a particular issue from the different Madhabs and combining them, such that the end result is considered invalid in the sight of all the Madhabs. An example of this would be for a person to wipe only a part of his head in Wudu, in accordance with the Shafi’i opinion, and then to touch a woman, while believing that does not break Wudu, following the Maliki opinion. Such Wudu, however, is invalid according to both Malikis and Shafi’is, because the Malikis believe in wiping the head in its entireity, whilst the Shafi’is believe that to touch a woman, even without desire, breaks one Wudu.
Although the majority of the latter scholars from the Malikis, Shafi’is and Hanbalis prohibit Talfiq absolutely, most of the Hanafis allow it. They argue that the phenomenon of Talfiq did not exist at the time of the Companions, as there were many occasions where a Companion would be asked about an issue yet he would not forbid the Mustafti from seeking Fatwa from other than him. Albani al-Husaini mentions many examples from the four Imams and their followers of practicing Talfiq, not to mention praying behind each other, in spite holding different opinions concerning the conditions of Wudu. In addition, many times a layman would ask numerous Muftis, without knowing the Madhabs they adhered to, about different aspect of prayer, which may often result in Talfiq, yet none considered their acts of worship to be invalid.
However, those who permit Talfiq, do not allow all of its types, and moreover, they stipulate further conditions. Therefore, the type of Talfiq they deem to be prohibited is when the end result in and of itself is Haram, such as the consumption of alcohol or fornication. An example of this is for a person to marry without a guardian, following the Hanafi opinion, and without any witnesses, following the Maliki opinion; The end result of such Talfiq is marrying a woman without guardian nor witnesses, which is essentially fornication, an act clearly forbidden by all scholars. Another type of prohibited Tafliq is that which is prohibited due to additional factors; for example to deliberately hunt out the most lenient opinions from the Madhabs, without any need or excuse. This is very brief discussion of the issue of Talfiq, and if the reader desires to know more of the issue, then the best resource would be Albani al-Husaini’s book “’Umdat al-Tahqiq Fi al-Taqlid wa al-Talfiq”.
Following allowances (Tatabbu’ al-Rukhas) is for a person to “pick and choose from every Madhab the most lenient opinion for himself”, as stated Ibn Qawan al-Shafi’i. That is, as Imam Ahmad said: “If a person were to act on the opinion of people of Kufa in [permissibility] of Wine (Nabidh), and the opinion of people of Madinah in [permissibility] of music, and the opinion of the people of Makkah in [permissibility] of temporary marriage (mut’ah), he would be considered a Fasiq”. Sulayman al-Taimi said: “If you were to take allowances of every scholar, all the evil will be gathered in you”.
The one who seeks and follows allowances is considered a Fasiq, according to the correct opinion, which has been expressed explicitly byAhmad (nass), as well as an opinion amongst Shafi’is. Ibn Taymiyah says that if it is allowed for the layman to make Taqleed of whomever he wishes, then what the statements of our [Hanbali] scholars indicate is that it is not permissible for him to seek and follow allowances in any circumstance. Al-Mardawi says that: “Ibn ‘Abdil-Bar mentioned consensus (Ijma’) on this issue, and such a person is regarded to be a Fasiq in the opinion of Ahmad - may Allah have mercy upon him - as well as others”. Although the consensus mentioned by ibn ‘Abdil-Barr is not definitely established, the prohibition of following allowances remains to be the opinion of the vast majority of the scholars. Even the minority who permit it - that is, the majority of the Hanafis - only do so in certain situations, such as a person facing extreme hardship, or a person affected with constant whispering from the devil (wiswas). This is understood from the statement of al-Zuhaili in the section on the occasions when Talfiq is prohibited: “Tatabbu’ al-Rukhas (following allowances) intentionally, that is, for one to deliberately select the most lenient opinion from every Madhab without any necessity or excuse, is forbidden, in order to prevent the means (Sadd al-Dhara’i) which would absolve one of their Shar’i responsibility.”
However, the correct opinion - and Allah knows best - is that which has been favoured by the majority of the scholars, namely, that Tatabbu’ al-Rukhas is forbidden under all circumstances; since a Muslim is obliged to follow the orders of Allah, and not merely the most lenient opinion, for that entails following desires, and not revelation.
Point of Benefit:
Those who oblige every layman to make Ijtihad and abandon Taqleed usually use statements of the four Imams that indicate absolute prohibition of Taqleed in support of their position, such as the statement of Abu Hanifah: “It is not allowed for anyone to follow our opinion if he does not know from where we obtained it”; or that of Malik: “I am only a human being, who is correct and errs. Hence, look into my opinions, and all that which corresponds to the Book and the Sunnah, follow it. And all that conflicts with the Book and the Sunnah, leave it”; or that of al-Shafi’i: “If you find in my book that which opposes the Sunnah of the Messenger of then follow the SunnahAllah Messenger of and leave what I said”; orAllah that of Ahmad: “Do not make Taqleed of me, nor Malik, nor al-Shafi’i, nor al-Awza’i, nor al-Thawri. Rather take from where they took”.
All these statements are correct, but they were not intended for every layman, rather they were addressed to the students of these Imams, while barely any of them was a Mujtahid Mutlaq. They were, however, able to derive rulings from the sources of Islam and assess and evaluate evidences. In this regard, Sheikh Taqi al-Din Ibn Taymiyah says: “[Imam Ahmad] would order the layman to ask (yustafti) Ishaq, Abu ‘Ubaid, Abu Thawr, Abu Mus’ab, whilst he would forbid the scholars from his followers, such as Abu Dawud (the compiler of Sunan), ‘Uthman ibn Sa’id, Ibrahim al-Harbi, Abu Bakr al-Athram, Abu Zur’ah, Abu Hatim al-Sajistani, Muslim (the compiler of Sahih) and others, from making Taqleed of anyone from the scholars. He would say to them: You must refer to the sources, to the Book and the Sunnah.” (See al-Manhaj 373-376, al-Tahqiqat 643-645, Majmu’ah 20/116, 124-126, al-Mustadrak 2/241, 258, al-Furu’ 6/492, al-Insaf 11/147, I’lam 6/203-205, Mukhtasar al-Tahrir 103, Hal al-Muslim Mulzam… 14, Rawdhat al-Talibin 11/117, Usul al-Fiqh al-Islami 2/1166)
The Opinion of the Minority: The Layman is Obliged to Follow a Madhab:
This is a minority opinion from the Malikis, Shafi’is and Hanbalis, and a weak opinion, unworthy of being followed, due to the following reasons:
a) There is absolutely no evidence from the sources of Islam - the Qur’an, Sunnah, consensus (Ijma’) and analogy (qiyas) - nor a statement from one of the four Imams in support of this position.
Ibn al-Qayyim says: “This is an ugly innovation, which was never claimed by anyone of the Imams of Islam, while they are the most high in ranking, and most respected, and the most knowledgeable of toAllah and His Messenger oblige the people with that.”
b) The only argument used by these scholars is the principle of ‘blocking the means’ (Sadd al-Dhara’i) for the layman to pick and choose whatever he likes from opinions, and thereby, freeing himself from Shari’ responsibilities, resulting in chaos. However, the one who looks at this issue justly, realises that this is merely a case of extending Sadd al-Dhara’i beyond that which is necessary, like for one to prohibit the growing of grapes, in case people use it to make wine. Moreover, the Hanafis and Shafi’is - if they do not deny its use altogether - are extremely lenient in applying this principle, so how can they use this as a support for their position. On the other hand, most of those who do not oblige the layman, with that which Allah did not oblige him, explicitly forbid a layman from seeking and following allowances. Moreover, following allowances is as much applicable to a Mujtahid as it is to a layman, as is apparent from the opinion of al-Qadhi Abu Ya’la (see footnote #52) and therefore, obliging the layman alone with adherence to a Madhab is not a solution to the problem.
c) This opinion necessitates that a person may only ask a Mufti of his own Madhab, even if the Mufti of a different Madhab is more knowledgeable and pious, and the truth lies with him. This also makes unnecessary restrictions on the Mustafti and causes him unnecessary hardship.
Ibn Taymiyah says: “Sticking to a Madhab necessitates obedience of in all that he commands and forbids, and that is other than the Prophet opposed to consensus (Ijma’).”
Ibn al-Qayyim says: “This opinion necessitates the prohibition of asking the scholars of Madhabs different to his, as it equally necessitates the prohibition of adhering to a Madhab similar to, or better than, that of his Imam, as well as other things that this approach entails, the invalidity of which points to the invalidity of the opinion itself. In fact, it necessitates that if he sees a text from the Messenger of or anAllah opinion of the four Caliphs, aiding someone other than his Imam, that he should abandon the text and the opinions of the Companions, and give precedence to the one to whom he attributes himself.”
d) Those who oblige the layman with Taqleed of a Madhab say that he must make Ijtihad in choosing a Madhab and then follow it. Moreover, Ibn al-Salah and al-Nawawi from the Shafi’is and Ibn Hamdan from the Hanbalis say that the layman should not simply pick and choose a Madhab as he wishes, nor should he incline to the Madhab of his fore fathers. Undoubtedly, this opinion obliges something on a layman which he is unable to accomplish, since, for a layman to be capable of comparing between Madhabs requires him to possess knowledge of the principles of each Madhab, as well as some background information on its founder, his companions, some of the major books, and generally how close each of the Madhabs are to the revelation, and this, as is apparent, is obliging the Muqallid with that which is far beyond his capacity. Moreover, a layman must also look at the Madhab predominantly followed in his land; for if a layman decides to make Taqleed of the Hanbali Madhab, because he believes it closest to the truth, whilst he is a resident in a country which is predominantly Hanafi, then his ‘Ijtihad’ in finding the most suitable Madhab will be pointless. Surely, the difficulty and inappropriateness of this methodology is only too obvious, as well as it being a divergence from what the layman is required to learn from the basics of the five pillars, to that which is of no benefit to him in this world or the next.
e) From the evil consequences of obliging the layman to compare between Madhabs is the spread of sectarianism and fanaticism in adherence to a Madhab. One cannot but notice sectarianism amongst the scholars who oblige the layman to make Taqleed of one of the Madhabs. Hence, Ibn al-Salah al-Shafi’i, while discussing this issue, claims to simplify the process of choosing the right Madhab, by arguing that because al-Shafi’i came after the great Imams like Abu Hanifah, Malik and others, he was able to look into their opinions, compare and evaluate, nor was he followed by someone else of his calibre; therefore, it follows that his Madhab is more worthy of being followed. Then came al-Nawawi, who summarised the work of Ibn al-Salah and included it in his Majmu’, using Ibn al-Salah’s argument in preferring the Shafi’i Madhab. Then came Ibn Hamdan al-Hanbali, who relied much on Ibn al-Salah and al-Nawawi’s work, except that he replaced ‘al-Shafi’i’ with ‘Ahmad ibn Hanbal’, and further refuted the Shafi’is in their preference of the Shafi’i Madhab over other Madhabs, arguing that since Ahmad was the last of the Imams, he was able to investigate into the opinions of Abu Hanifah, Malik as well as al-Shafi’i, and then compare and evaluate them; and since there is none after Ahmad of his calibre, it follows that Ahmad’s Madhab is the most worthy of being followed!
Whereas the truth, as Sheikh Taqi al-Din Ibn Taymiya said, is that: “Most of the people speak out of conjecture and what the hearts desire, for they do not know the reality of the levels of Imams and Sheikhs, nor do they intend to follow the truth completely; rather, everyone’s heart desires that he favours the one he follows, and so he prefers him (over other Imams) based on conjecture, even if he has no proof for that. Sometimes, it may even lead to quarrelling, fighting and disunity, which is something Allah and His Messenger prohibited.”
Indeed, it led to wars amongst the Hanafis and the Shafi’is in Asfahan that resulted in the burning and destruction of the city as reported in Mu’jam al-Buldan 1/209. Hanafis and Shafi’is are known for their rivalry throughout Islamic history. It was their fanaticism, which lead some of Hanafis to say: “It is allowed for a Hanafi to marry a Shafi’i woman, but it is not allowed for a Shafi’i to marry a Hanafi woman. We regard them to be like the people of the Book”. Another fanatic, who was a Hanafi, saw in a dream that the Shafi’is will enter paradise before the Hanafis, so he became a Shafi’i. Even Imams such as al-Juwaini, wrote a book insulting the Hanafi Madhab and obliging everyone to follow the Shafi’i Madhab, which al-Kawthari - the “Abu Hanifah fanatic” – rebutted, insulting the Shafi’i Madhab; indeed, in some books, he went further than that and would even cast doubt on his lineage (as he did in his Ta’neeb), while the Prophet explicitly considered such behaviour to be from the acts of Jahiliyah!
Amongst the examples Hanafi fanaticism is what Muhammad ibn Musa al-Hanafi (d. 506) said: “If I had the authority, I would have charged Jizya on the Shafi’is”. Some Hanafis fanatics even claimed that ‘Isa - peace be upon him - would rule according to the Hanafi Madhab upon his return. Another one of them claimed that al-Khidr would attend the lessons of Abu Hanifah in the mornings, and after his death, he would go to Abu Hanifah’s grave to continue his lessons. Another one of them claimed that Allah called out to Abu Hanifah and said: “You and all those adhering to your Madhab are forgiven”!
Amongst the signs of such fanaticism in the ranks of the Shafi’is is what al-Nawawi reported from al-Isfara’ini, that a Shafi’i may not pray behind a Hanafi, due to the Hanafis not fulfilling the conditions of Wudu as affirmed by the Shafi’is. Another Shafi’i, al-Subki, claims that Allah told him to adhere to the Madhab of al-Shafi’i in his dream.
Indeed, it was due to obliging every layman to adhere to a Madhab that once a Sunni Iran, was turned into a Shiite Iran, when the Iranian ruler, Kharabandah ordered the Iranians to adhere to the Shiite Madhab.
If this is the condition of the learned men amongst the jurists, then what is expected of the layman? Therefore, if the principle of Sadd al-Dhara’i is to be applied, then surely it is more worthy of being applied here, in order to prevent internal conflicts between Madhabs and for the promotion of unity.
f) A layman cannot be attributed to a Madhab, because a person’s attribution to the Madhab must be based on reasonable links between a person and the Madhab. However, in reality, it is quite common for the layman to not even know the founder of the Madhab he might be attributing himself to, and therefore, such attribution is deemed senseless. Adherence to a Madhab is for those who take up the path of education by gradually learning the books of a Madhab, knowing the evidences and the methodology of deducing rulings according to the principles of a Madhab. As for attributing an ignorant layman to a Madhab, then that is nothing but oppression on that Madhab; for in how many instances, a person who claims to be following certain Madhab, is clueless about the opinions of the Madhab with regards to the basics of ritual purification (Taharah) and prayer. Furthermore, many laymen are, in fact, following their culture, while believing they are following their Madhab. Indeed, many of those who may attribute themselves to a Madhab, might not even be Muslims, if they are those who are drowned in sins that amount to Kufr or Shirk! So from what angle or perspective, or from what justice should a layman be regarded an adherent to any Madhab?
Ibn al-Humam says in his Tahrir (as reported by al-Ma’sumi): “…majority of the Muqallids say: I am a Hanafi, or a Shafi’i, while having no knowledge about the path of his Imam, hence, he does not become so by merely a claim. This is as if he were to say: I am a jurist, or an author; he does not become as such, by merely a claim, whilst he is far distant from the life of his Imam. Therefore, how can such attribution be valid, by merely a claim, and futile speech without any meaning?!”
Ibn al-Qayyim says: “A layman cannot have a Madhab even if he adheres to one, for the layman has no Madhab. This is because the Madhab is only for the one who has some insight and a way of deducing rulings, who also has insight into Madhabs befitting his level, or the one who studies a book in the applied Fiqh of that Madhab, and knows the verdicts of his Imam and his sayings. As for the one who has not accomplished any of that, yet says: I am a Shafi’i or a Hanbali, or other than that, then he does not become that merely by his claim. This is as if he were to say: I am a jurist, or a grammarian, or an author, he does not become one merely by a claim.
What makes it clearer is that the one, who says he is Shafi’i or a Maliki, or a Hanafi, actually claims that he is the follower of that Imam, adhering to his way. This can only be true for him if he were to tread his path in knowledge, understanding and deduction. As for one who is ignorant and distant from the life of the Imam, his knowledge and his path, how can his attribution to him be correct, with merely a claim, and futile speech in every sense?”
Misconceptions About Ibn Rajab’s Position:There are some from the contemporaries who claim that Ibn Rajab in his book ‘al-Radd ‘ala Man Ittaba’a Ghair Madhahib al-Arba’ah’ (Rebuttal of those who follow other than the four Madhabs), obliges the layman to adhere to a Madhab. However, the book does not even deal with the aforementioned issue, for in no place does Ibn Rajab speak about obliging the layman to stick to a Madhab; rather, his book is a general advice to some of his contemporaries amongst the jurists who, according to him, did not reach any level of Ijtihad, while they also freed themselves from Taqleed, and began to issue verdicts that fall outside of the four Madhabs. This also corresponds to what Ibn Taymiyah said that the truth generally does not fall outside the four Madhabs, while in very few issues, it may fall outside of the four Madhabs according to the correct opinion.
Nor is it correct to understand from the book that Ibn Rajab condemns anyone who opposes the Imam of his Madhab, or claims Ijtihad. This is because Ibn Rajab says in the same book (page 25-26), that in spite of the four Imams and their Madhabs, people have appeared, claiming Ijtihad and do not make Taqleed of any of the Imams; and amongst them are those who are truly Mujtahids and those that are not. What further supports this is that we find Ibn Rajab describing Sheikh al-Islam Ibn Taymiyah as a “Mujtahid” in his Dha’il Tabaqat. In fact, even Ibn Rajab himself did not adhere to his Madhab in every issue, for he was also known for his verdict on three Talaqs only occurring as one (as mentioned in al-Jawhar by ibn al-Mabrid), an opinion which falls outside of the four Madhabs, which he later left for the majority opinion.(See Principles 314-317, al-Wadih 162, Majmu’ah 20/161, Mawsu’at Ahl al-Sunnah 2/988-992, I’lam 6/203-205, al-Mustadrak 2/250, 251, Tasmiyat al-Muftin 72)
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