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The Layman Has No Madhab. |
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Abu Mujahid 
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 Topic: The Layman Has No Madhab.Posted: 25 August 2007 at 2:26pm |
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Assalamu alaikum I struggled whether this will go under the topic of picking up Madhab or not. I concluded it is better to have a new topic. The writer debated the background of the topic in very informative way. You may not agree with him everything he wrote but he said it all in very convincing way.
See how some madhab fanatics went extreme to defend their madhab without prove from Quran and sunnah let alone four madhabs founders. The whole city was burned to ashes, marriage was banned or endangered and destructive words were used to make madhab whole deen. May Allah reward the writer khair. Enjoy it _____________________________________
The Opinion of the Majority: The Layman Has No Madhab: __________________
Ibn al-Jawzi on the Ash'arites:��The heretics claim; i) there is no god in the Heavens, ii) neither is there Qur��an in the Mushaf, and iii) nor is there a Prophet in the grave;��your three shameful facets����
http://forums.islamicawakening.com/showthread.php?p=1331
_______________________________________________ Abu Mujahid Edited by Abu Mujahid |
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Abu Mujahid
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Posted: 25 August 2007 at 2:32pm |
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Read the full text from the link.
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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 Allah and His Messenger �� to 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 other than the Prophet �� in all that he commands and forbids, and that is 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 Allah �� or an 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�� �V 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): ���Kmajority 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) __________________
Ibn al-Jawzi on the Ash'arites:��The heretics claim; i) there is no god in the Heavens, ii) neither is there Qur��an in the Mushaf, and iii) nor is there a Prophet in the grave;��your three shameful facets���� |
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Islam need true muslims
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Alwardah
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Posted: 26 August 2007 at 1:34am |
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As Salamu Alaikum Masha Allah Salams |
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�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155) |
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rami
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Posted: 26 August 2007 at 5:24am |
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Bi ismillahir rahmanir raheem Regarding the above, from a real shaykh unlike myself. Imam Shah Waliullah on madhabs Answered by Shaykh Faraz Rabbani, SunniPath Academy Teacher  Brothers,
I have read your understanding and that of many ulema who very strongly
hold to taqleed of a specific madhab. Yet, the book by Imam Shah
Waliullah (Insaaf Fi Bayan Sabab Al Ikhtiklaaf) states very clearly how
a layman is not obliged or required to follow a specific madhab. It has
quotations from ulmea of the likes of Imam Nawawi and Ibn Salah who
clearly state when it is allowed to follow a different madhab, The book
does not even mention the concept of talfeeq. Imam Shah Waliullah also
(based partly on the saying of Imam Ahmad Ibn Hanbal) states how wrong
it is to say that the prayer of a follower is only valid if the prayer
of the Imam is valid according to the madhab of the follower. With the
numerous quotations from various ulema found in the book, why is this
not accepted or even mentioned? I understand the danger in interpreting
the quran by someone not knowledgable enough to do so, but at the same
time, is it also not correct to accept the differences between the
mujtahideen and for a lay man (like myself who has only learnt how
difficult it is to critisize by far most understandings of the
mujtahideen) to ask any of the knowledgable or mujtahideen? Are taking
the easy way out and interpreting the Quran by people not qualified are
the only issues that have caused the emergence of taqleed?
  Walaikum assalam wa rahmatullah, I pray that this finds you well, and in the best of health and spirits. May Allah grant you all good and success in this life and the next. It is important to understand a few concepts: (1) We don''t follow individual scholars, but rather the scholarly methodology of Sunni scholarship. (2) Shah Waliullah went through phases in life. His work al-Insaf is earlier than other writings (such as `Iqd al-Jeed) that are much closer to the mainstream majority understanding on matters of following qualified scholarship in certain critical issues. (3) The position of the majority of Islamic scholarship is that the responsibility of one morally responsible is to follow a sound position of a true mujtahid imam for each of their actions. It is not specifically obligatory to stick to one madhhab for all one''s actions--as long as one doesn''t merely follow one''s whims or engage in mixing between the positions of mujtahids in a way not valid according to either (talfiq--because this entails non-fulfillment of the Divine Command to follow one of the scholars of understanding). If you search the SunniPath QA (http://qa.sunnipath.com) for: following another madhhab, you''ll find a number of answers related to this, as well as an explanation of the Indian scholars'' stating otherwise. (4) Taqlid--following qualified scholarship--is a duty according to the consensus (ijma`) of Islamic scholarship. Shah Waliullah didn''t argue against it in al-Insaf, by any means. We have to distinguish between (a) the agreed-upon obligation of following qualified scholarship (taqlid), and (b) the position of many classical scholars and most Indian ulema that it is personally obligatory to follow one madhhab in all one''s affairs (taqlid shakhsi), except when there is genuine hardship. [See: Related QA, top right] And Allah alone gives success. Faraz Rabbani Edited by rami |
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Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.
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Alwardah
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Posted: 27 August 2007 at 5:49am |
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As Salamu Alaikum Masha Allah another good point of view. Brother Rami mentions that: �The person who compiled and combined these has created a context for them that isnt correct,� in my opinion the same rules applies to his post as well it all depends on who is asking whom and their level of understanding of the Deen. As Muslims all we need to do is follow the teachings as per the Glorious Qur'an and Sunnah. Unless we are blessed with great insight, knowledge and understanding of the Arabic language, the history and the circumstances surrounding the revelation of the Glorious Qur'an, the only logical step is to refer follow one of the Madhhabs or as one member stated study all four Madhhabs. Allah Subhanahu wa Ta'ala states in the Glorious Qur'an to follow and obey His Final Messenger (Sallallahu 'Alayhi wa Sallam) and then to ask the people of knowledge if we do not know. There is no statement in either the Glorious Qur'an or the Sunnah which states that we must adhere to one of the four Madhhabs. One the contrary we have evidence that we must beware of dividing ourselves into sects. Here is another warning from the Prophet (Sallallahu 'Alayhi wa Sallam) Do not seek knowledge to compete with the scholars, nor to argue with the foolish people, nor to gain control of gatherings; for whoever does that - the Fire, the Fire!" [an authentic Hadith collected by Ibn Maajah, Ibn Hibbaan, and Al-Bayhaqee] May Allah make us from those who call to good and to make us knowledgeable about our religion, and I ask Him to grant us success when we care calling others to Him. Indeed He is able to grant that and He is All-Powerful over that. Ameen! Wa Alaikum Salam wa Rahmatullahi wa Barakatuhu |
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�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155) |
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rami
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Posted: 27 August 2007 at 6:42am |
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Bi ismillahir rahmani raheem
wa alaikum assalam in my opinion the same rules applies to his post as well it all depends on who is asking whom and their level of understanding of the Deen. Sister i havnt compiled any ahdith and interpreted them in a strange way, can you point this out in my post. In fact at the end of my post i Quote the sunni view regarding this matter according to shaykh Faraz Rabani who clearly states there is an ijma on the matter of following one of the mujtahids of islam. i am informing you of the Islamic position not something from my self which is what the person who compiled that post did, this is why this logic applies to him and not what i wrote, lastly all the scholars he quotes are speaking from the position of following a madhhab thus there own words must interpreted in that context which is what i did, think about that carefully sister. As Muslims all we need to do is follow the teachings as per the Glorious Qur'an and Sunnah. according to whos understanding sister that is the key question, have you read the following..Fiqh al-Shafi`i or Fiqh al-Sunna?. Only a person who doesnt understand arabic and is simply imitating the arabic language in there speach will say we should simply follow the Qutran and sunnah, do the quran and sunnah speak to you? do you ask them a question and they reply no so then sister "according to who" is what we should be asking ourselfes. There is no statement in either the Glorious Qur'an or the Sunnah which states that we must adhere to one of the four Madhhabs. One the contrary we have evidence that we must beware of dividing ourselves into sects. This is false logic, like the muslim who says the sunnah is not wajib only what is wajib in it is wajib and nothing more. Ok fine that is true but there is a reason for the sunnah a benefit in it similarly there is a benefit and a reason why you should adhere to one and not mix and match this is so you dont confuse your self but as i said this is not wajib upon a person. As shayklh faraz rabani said "We don''t follow individual scholars, but rather the scholarly methodology of Sunni scholarship." regarding your comment about sects, sister i would advise you to properly learn what is considered a sect in islam you have simply brought a new interpretation to the word. Sunni's as a whole are one group or sect shia are another no scholar in the histroy of islam ever understood the four madhhabs to be 4 sects. if you have read some misguided article about making groups i would suggest reading that article again with any shaykh you trust knows the arabic language and ask them if there definitions of a sect and there basic assumptions are correct . The Uluma say wahhabi's are a sect in sunni islam not diferent from it and thus also part of the saved group. we must adhere to one of the four Madhhabs. this is also a double edged sword, there is no wajib to adhere to any one of them but there is a wajib to adhere to rullings only from them. you may like to take shaykh Rabani's advice and look up "following another madhhab" at sunnipath to see the different positions that exist in this ummah regarding this matter. Edited by rami |
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Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.
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Alwardah
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Posted: 27 August 2007 at 11:47am |
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As Salamu Alaikum wa Rahmatullahi wa Barakatuhu Brother Rami I think you misunderstood my post. I know you did not compile Hadith and interpret them in a strange way.
What Brother Abu Mujahid posted is one view and what you posted is another. In my opinion both views although different are correct. You said The person who compiled and combined these has created a context for them that isnt correct, if a wahhabi asked a question��and I meant the same rule will apply to it if a sunni asked a question���refering to your post, that is the only point I was trying to make. I was not attacking your comments or your post. If fact I said: �Masha Allah another opinion���� maybe you don�t know the meaning of Masha Allah. Brother I have said that the only logical step will be to follow a Madhhab or study them all. Why the do the quran and sunnah speak to you?
Regarding the sects, yes brother Rami you are correct the Madhhabs were never a sect but unfortunately today the situation is different. The Sunnis are divided into sects and the same with Shia they have their sects too. You don�t hear people say that I am a Sunni Muslim anymore. They don't even say they are Muslims. No today people say I am Hanafi, Shafie or Salafie. How sad? Today people ask me to which Sunni sect do I belong.
Everyone knows that it is Wajib to follow the rulings as presented by scholars who base their rulings on the Glorious Qur'an and Sunnah and the four Imams are on the top of the list. Don�t today�s scholars refer to the scholars of yesteryears? This has always being the case throughout history. One generation refering to the generations before them.
You know brother Rami you read my response completely out of text. Before you use statements like �false logic� and �double-edge swords� I advise you to lighten up a bit and you should take a deep breathe.
I don�t need to go to the sites you mentioned. There are thousands of sites criticising the Sunni scholars and how they are deviated just as there are thousands of sites criticising the Wahhabi or Salafi scholars and calling them extremist.
Btw just for your information brother Rami, I hold all scholars in high esteem.
May Allah Subhanahu wa Ta'ala forgive us for our shortcomings and bless us with useful knowledge. Ameen!
Wa Alaikum Salam wa Rahmatullahi wa Barakatuhu Edited by Alwardah |
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�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155) |
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Abu Mujahid
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Posted: 27 August 2007 at 1:00pm |
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Sister Alwarda, Thanks for your insights. I couldn't say better to what 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 and His Messenger has commanded; and Allah and His Messenger did not oblige 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" Other Ulima from other school of thought has said similar stand. May Allah reward them all khair and jannah. Forcing people to follow one Madhab is not what Allah has asked us to do. The post and history shows the consequence of glorifying one madhab. Rami and others must be careful for calling people to adopt one madhab for good. Look what Imam Subki has said. You wonder why an Imam to such high ranking among ulima can say such wild claim. Its tassub mamqut for Madhab. Look what Ahanaf extremist has said about Khadar or Issa peace be upon them. Look the result of Iranian ruler who make whole Sunni country into Shia playground. Some can urge these were fringe not the main stream of madhabs. But this sad reality is what is in the books of mut'akhiri madhabs. Abu Mujahid Edited by Abu Mujahid |
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