The Subject – “اَلتَّقْلِيْدُ الْجَامِدُ أَمْ اِتِّبَاعُ الْكِتَابِ وَالسُّنَّةِ” has been translated as “Stubborn Blind Following of the Madh-habs or the Following of the Qur’an and the Sunnah”. The term, “Madh-hab” comes from the Arabic verb, “Dhahaba” which means, “to go”.
Madh-hab, literally means “a way of going or simply a path”. Eventually this word was used refer to the sum total of a scholars opinion. It is popularly mentioned that there are “four Madh-habs”, or “four Fiqh”, the four schools of thought – Hanafi, Shafa’ee, Maaliki, Hambali founded by Imaam Abu Hanifa رَحِمَهُ الله, Imaam Shafee رَحِمَهُ الله, Imaam Maalik رَحِمَهُ الله and Imaam Ahmad bin Hambal رَحِمَهُ اللهrespectively. Some people refer to these schools of thought as ‘Maslak’, some refer to them in a restricted manner as ‘Musallah’[2].
Madh-hab, literally means “a way of going or simply a path”. Eventually this word was used refer to the sum total of a scholars opinion. It is popularly mentioned that there are “four Madh-habs”, or “four Fiqh”, the four schools of thought – Hanafi, Shafa’ee, Maaliki, Hambali founded by Imaam Abu Hanifa رَحِمَهُ الله, Imaam Shafee رَحِمَهُ الله, Imaam Maalik رَحِمَهُ الله and Imaam Ahmad bin Hambal رَحِمَهُ اللهrespectively. Some people refer to these schools of thought as ‘Maslak’, some refer to them in a restricted manner as ‘Musallah’[2].
All of these four scholars were knowledgeable, respected scholars of their times. However all scholars were human beings hence they are bound to make mistakes due to various reasons. ‘Taqleed e Jaamid’ refers to the stubborn blind following of these schools of thought, when even after evidence makes clear that in a particular issue a scholar is mistaken. It is following the scholar even when his statement is in contradiction with the Qur’an and the Saheeh Hadith. None of the four Imaams taught this. Some people define the term ‘Taqleed’ as “Accepting without proof, the statement of someone other than the Prophet”. However we analyse in these notes ‘Taqleed e Jaamid’ the “Stubborn blind following of scholars” - whether it is permissible or Haraam.
This refers to the four schools of thought found today among the Muslim namely, Hanafi, Shafii, Maliki and Hambali. These four are said to have been founded by Imam Abu Hanifa, Imam Shafii, Imam Maalik and Imam Ahmed bin Hambal respectively. Many Muslims refer to this in a limited sense by the words, “Four Musalahs” i.e. four methods of Salah. However the difference between the four is not restricted to Salah but goes beyond that to many other areas. Many muslims today understand that it is compulsory to follow one of these schools of thought.
Section 1: Some Important Things
1. The Importance of Scholars
Allah says in the Qur’an in Surah An-Nahl 16:43 and Surah Al-Anbiya 21:7
فَاسْأَلُواْ أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لاَ تَعْلَمُوْنَ
“So ask the people of the message if you do not know[3].”
Allah has told us to refer to those who know when we do not know. Prophet Muhammed صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ also said, “The cure of ignorance is to ask”. Hence we are not trying to eliminate the importance of scholars through this subject, rather we are trying to explain the correct way of following scholars i.e. as long as what they say is according to the Qur’an and the Sunnah. We need to maintain the status given by Allah – for example: we believe in Jesus (Isa عَلَيْهِ السَّلَام) but we believe in him as a Prophet of Allah, not as god as the Christians believe.
2. The sin of the one who gives verdicts (Fatwa) based on only opinion
Prophet Muhammad صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said:
إِنَّ اللَّهَ لَا يَنْزِعُ الْعِلْمَ بَعْدَ أَنْ أَعْطَاكُمُوْهُ انْتِزَاعًا
وَلَكِنْ يَنْتَزِعُهُ مِنْهُمْ مَعَ قَبْضِ الْعُلَمَاءِ بِعِلْمِهِمْ
فَيَبْقَى نَاسٌ جُهَّالٌ يُسْتَفْتَوْنَ فَيُفْتُوْنَ بِرَأْيِهِمْ فَيُضِلُّوْنَ وَيَضِلُّوْنَ
"Allah does not take away the knowledge, by taking it away from (the hearts of) the people, but takes it away by the death of the religious learned men till when none of the (religious learned men) remains, people will take as their leaders ignorant persons who when consulted will give their verdict without knowledge. So they will go astray and will lead the people astray."
[NARRATED BY IBN AMR RECORDED IN MUSNAD AHMED, SAHEEH BUKHARI 1:100[4], SAHEEH MUSLIM, TIRMIDHI,IBN MAJAH, AUTHENTICATED BY ALBANI IN SAHEEH AL-JAAMI 1854]
The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ foretold the advent of the scholars of ignorance who give verdicts without knowledge. They will themselves go astray and also lead others astray. This is not only for the time before the day of judgement. If a person gives ‘fatawa’ (verdicts) without knowledge even today, he will go astray and lead others astray.
The Prophet 
said: “Judges are of three types, one of whom will go to Paradise and two to Hell.
1.The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; 2. but a man who knows what is right and acts tyrannically in his judgment will go to Hell;
3. and a man who gives judgment for people when he is ignorant will go to Hell.”[5]
said: “Judges are of three types, one of whom will go to Paradise and two to Hell. 1.The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; 2. but a man who knows what is right and acts tyrannically in his judgment will go to Hell;
3. and a man who gives judgment for people when he is ignorant will go to Hell.”[5]
3. Allah alone has the right to make Shariah
Allah says in the Qur’an in Surah At-Tawbah 9:31
اتَّخَذُواْ أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَابًا مِّنْ دُوْنِ اللّهِ
وَالْمَسِيْحَ ابْنَ مَرْيَمَ وَمَا أُمِرُواْ إِلاَّ لِيَعْبُدُواْ إِلَـهًا وَاحِدًا
لاَّ إِلَـهَ إِلاَّ هُوَ سُبْحَانَهُ عَمَّا يُشْرِكُوْنَ
“They have taken their scholars and monks as lords besides Allah, and [also] the Messiah, the son of Mary. And they were not commanded except to worship one God; none deserves to be worshipped except Him. Exalted is He above whatever they associate with Him.”
Adi ibn Haatim رَضِيَ اللهُ عَنْهُ narrates,
عَنْ عَدِيِّ بْنِ حَاتِمٍ قَالَ أَتَيْتُ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
وَفِي عُنُقِي صَلِيْبٌ مِنْ ذَهَبٍ
وَفِي عُنُقِي صَلِيْبٌ مِنْ ذَهَبٍ
فَقَالَ يَا عَدِيُّ اطْرَحْ عَنْكَ هَذَا الْوَثَنَ
وَسَمِعْتُهُ يَقْرَأُ فِي سُوْرَةِ بَرَاءَةٌ
اتَّخَذُوْا أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَابًا مِّنْ دُوْنِ اللَّهِ
وَسَمِعْتُهُ يَقْرَأُ فِي سُوْرَةِ بَرَاءَةٌ
اتَّخَذُوْا أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَابًا مِّنْ دُوْنِ اللَّهِ
قَالَ أَمَا إِنَّهُمْ لَمْ يَكُوْنُوْا يَعْبُدُوْنَهُمْ
وَلكِنَّهُمْ كَانُوْا إِذَا أَحَلُّوْا لَهُمْ شَيْئًا اسْتَحَلُّوْهُ
وَإِذَا حَرَّمُوْا عَلَيْهِمْ شَيْئًا حَرَّمُوْهُ
“I came to the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ in such a state that there was a cross made from gold hanging from my neck. The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said, “O Adi! Throw this idol” I heard him read the verse from Surah Baraa (i.e. Surah at Tawbah), “They have taken their priests and their monks as Lords along with Allah” He صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said, “They do worship them. When they would make any thing to be lawful for them they used to consider them as lawful and when they would make any thing unlawful they would consider them unlawful”
[NARRATED BY ADI IBN HAATIM RECORDED BY TIRMIDHI IN TAFSEER-UL-QUR’AN FROM SURAH AT-TAWBAH, AUTHENTICATED (HASAN) BY ALBANI IN SAHIH SUNAN AT-TIRMIDHI 3095]
The Rabbis and the priests of the Ahle Kitaab changed the Halaal and the Haraam of their religion and their followers accepted it. This has been called their worship. Since the only one who can give us laws is Allah alone. Similarly following someone who changes the lawful and the prohibited of Allah’s deen is like worshipping him.
Is this only for the Ahle Kitaab? The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ prophesized, “You would tread the same path as was trodden by those before you inch by inch and step by step so much so that if they had entered into the hole of the lizard, you would follow them in this also. We said: Allah's Messenger, do you mean Jews and Christians"? He said: Who else?” [Sahih Muslim 6448[6]]
Today, many people in their ignorance feel that some of the Imaams were such great scholars that what has been declared lawful by them becomes lawful for their followers and what has been declared unlawful by them becomes unlawful for their followers. This is a grave mistake.
4. Messengers only convey the message
Allah says in the Qur’an in Surah At-Tagabun 64 :12
وَأَطِيْعُوْا اللَّهَ وَأَطِيْعُوْا الرَّسُوْلَ
فَإِنْ تَوَلَّيْتُمْ فَإِنَّمَا عَلَى رَسُوْلِنَا الْبَلَاغُ الْمُبِيْنُ
“And obey Allah and obey the Messenger; but if you turn away - then upon Our Messenger is only [the duty of] clear notification.”
Prophet Muhammad صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said:
أَيُّهَا النَّاسُ إِنَّهُ لَيْسَ بِيْ تَحْرِيْمُ مَا أَحَلَّ اللَّهُ لِيْ
“O People! It is not for me to prohibit what has been made Halaal by Allah”
[NARRATED BY ABU SAEED رضي الله عنه RECORDED IN MUSNAD AHMED, MUSLIM, AUTHENTICATED (SAHEEH) BY ALBANI IN SAHEEH AL-JAAMI 6090]
The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ himself does not have any right to make any laws and only follows and conveys the laws made by Allah. Allah says in the Qur’an 53:3, “Nor does he (the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ) speak from [his own] inclination.” Then is any lesser human being vested with the authority of making laws? Rather they all have to follow the laws made by Allah.
5. It is compulsory to follow what Allah has revealed
Allah says in the Qur’an in Surah Al-Araf 7:3
اتَّبِعُواْ مَا أُنزِلَ إِلَيْكُم مِّن رَّبِّكُمْ
وَلاَ تَتَّبِعُواْ مِنْ دُوْنِهِ أَوْلِيَاءَ قَلِيْلاً مَّا تَذَكَّرُوْنَ
“Follow, [O mankind], what has been revealed to you from your Lord and do not follow other than Him any allies. Little do you remember.”
Some times when evidences are pointed out from the Qur’an and the Saheeh Hadith, some people say, “This is not for us, since we are followers of such and such Imaam.” It is compulsory for all of mankind to ‘follow’ what Allah has revealed.
6. The Messenger himself follows what Allah has revealed
Allah says in the Qur’an in Surah Yunus 10:15
قُلْ مَا يَكُوْنُ لِيْ أَنْ أُبَدِّلَهُ مِنْ تِلْقَاءِ نَفْسِيْ
إِنْ أَتَّبِعُ إِلاَّ مَا يُوْحَى إِلَيَّ
إِنْ أَتَّبِعُ إِلاَّ مَا يُوْحَى إِلَيَّ
إِنِّيْ أَخَافُ إِنْ عَصَيْتُ رَبِّي عَذَابَ يَوْمٍ عَظِيْمٍ
“Say, [O Muhammad], "It is not for me to change it on my own accord. I only follow what is revealed to me. Indeed I fear, if I should disobey my Lord, the punishment of a tremendous Day."
The Messenger صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ himself followed what Allah had revealed. So did the Imaams. And we are also obliged to follow what Allah has revealed. Hence when we find that any scholar has made any mistake, we leave that scholars opinion and follow the verdict which is backed by evidence from the Qur’an and the authentic Hadith. This is simple and easy since we were always following only the Qur’an and the Sunnah. Tying ourselves to all the opinions (right and wrong) of one particular scholar is hence incorrect.
7. It is Compulsory to follow the Messenger and to obey him
Allah says in the Qur’an in Surah Al-Imran 3:31-32
قُلْ إِنْ كُنْتُمْ تُحِبُّوْنَ اللّهَ فَاتَّبِعُوْنِي يُحْبِبْكُمُ اللَّهُ
وَيَغْفِرْ لَكُمْ ذُنُوْبَكُمْ وَاللّهُ غَفُوْرٌ رَّحِيْمٌ .
وَيَغْفِرْ لَكُمْ ذُنُوْبَكُمْ وَاللّهُ غَفُوْرٌ رَّحِيْمٌ .
قُلْ أَطِيْعُواْ اللّهَ وَالرَّسُوْلَ
فَإِنْ تَوَلَّوْاْ فَإِنَّ اللّهَ لاَ يُحِبُّ الْكَافِرِيْنَ
“Say, [O Muhammad], "If you should love Allah then follow me. [So] Allah will love you and forgive you your sins. And Allah is Forgiving and Merciful."
Say, "Obey Allah and the Messenger." But if they turn away - then indeed, Allah does not love the disbelievers.”
To get the love of Allah a person has to follow the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ. The first verse talks of “Ittiba” of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ, the second talks of “Ita’at” of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ. ‘Ittiba’ is ‘following’ – i.e. doing as the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ did. ‘Ita’at’ is ‘Obedience’ i.e. doing what the Prophet told. Both are connected to the love of Allah. Those who ‘turn away’ from the obedience of Allah and His Messenger have been called disbelievers in this verse and Allah does not ‘love’ them. People who turn away from what the Qur’an and the Saheeh Hadith say while holding on to the saying of their scholars should be take a warning from this verse. ‘Love of Allah’ is through ‘Itiiba’ and ‘Ita’at’ of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ not through the rigid blind following of any Maslak. Allah has stressed, ‘Obedience of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ’ in Multiple places in the Qur’an – “Obey Allah and obey His Messenger” (3:32, 3:132, 72:23, 47:33, 4:13, 9:71, 8:1, 4:14, 4:69, 5:92, 8:20, 8:24 ,8:46, 24:47, 24:52, 24:54, 33:66, 33:71, 48:17, 49:14)
8. A Muslim does not have any choice in matters which have been decided by Allah and His Messenger
Allah says in the Qur’an in Surah Al-Ahzab 33:36
وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُوْلُهُ أَمْرًا
أَن يَّكُوْنَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ
وَمَن يَّعْصِ اللَّهَ وَرَسُوْلَهُ فَقَدْ ضَلَّ ضَلَالًا مُّبِيْنًا
“It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error.”
A believer does not have any choice in any matter decided by Allah and His Messenger.
9. The Book (ie. the Qur’an) and the Sunnah will remain till the Day of Judgement
Prophet Muhammad صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said:
تَرَكْتُ فِيْكُمْ شَيْئَيْنِ لَنْ تَضِلُّوْا بَعْدَهُمَا:
كِتَابُ اللهِ وَ سُنَّتِيْ وَ لَن يَّتَفَرَّقَا حَتَّى يَرِدَا عَلَيَّ الْحَوْضَ
“I am leaving behind two things among you. After these both you will not go astray: (They are) the Book of Allah and my Sunnah. And these two (i.e the Qur’an and the Sunnah) will never be parted from each other until they meet me at the Haudh (the Pool i.e. on the Day of Judgement)
[NARRATED BY ABU HURAIRAH RECORDED IN HAAKIM, AUTHENTICATED BY ALBANI IN SAHEEH AL-JAAMI 2937]
Some people say that the time for the Qur’an and the Sunnah was at the time of the Sahaba, now it is the time for a person to follow the Imaams. This hadith mentions that the time for the Qur’an and the Sunnah is right upto the Day of Judgement. If a person leaves even one of these two then he does not have the guarantee of protection from going astray. Both the Qur’an and the Sunnah will remain until the day of Judgement. All praise to Allah - not only the Qur’an, not only the Hadith but even the lives of more than 6,40,000 narrators of Hadith are also preserved with chain of narrations, so that we are able to judge till today if a Hadith is authentic or not. The sayings of the Prophetصَلَّى اللهُ عَلَيْهِ وَسَلَّمَ are preserved with us today in written form – All praise to Allah who took service from several compilers of Hadith for this.
Section 2: Some doubts and their answers
These are some doubts which stop people from following the Qur’an and the Sunnah even after knowing them.
1. The First Doubt: Obeying the Scholars
Allah says in the Qur’an in Surah An-Nisa 4:59
يَا أَيُّهَا الَّذِيْنَ آمَنُواْ أَطِيْعُواْ اللّهَ وَأَطِيْعُواْ الرَّسُوْلَ
وَأُوْلِيْ الأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ
فَرُدُّوْهُ إِلَى اللّهِ وَالرَّسُوْلِ إِنْ كُنتُمْ تُؤْمِنُوْنَ بِاللّهِ وَالْيَوْمِ الآخِرِ
ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيْلاً
“O you who have believed! Obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.”
Ibn Kathir mentions,
عَنْ اِبْنِ عَبَّاسٍ (وَأُوْلِيْ الأَمْرِ مِنْكُمْ) يَعْنِيْ أَهْلُ الْفِقْهِ وَالدِّيْنِ
وَكَذَا قَالَ مُجَاهِدٌ وَعَطَاءُ وَالْحَسَنُ الْبَصْرِيُّ
وَأَبُو الْعَالِيَةِ (وَأُوْلِيْ الأَمْرِ مِنْكُمْ ) يَعْنِيْ الْعُلَمَاءُ.
وَكَذَا قَالَ مُجَاهِدٌ وَعَطَاءُ وَالْحَسَنُ الْبَصْرِيُّ
وَأَبُو الْعَالِيَةِ (وَأُوْلِيْ الأَمْرِ مِنْكُمْ ) يَعْنِيْ الْعُلَمَاءُ.
وَالظَّاهِرُ وَاللهُ أَعْلَمُ أَنَّهَا عَامَّةٌ فِي كُلِّ أُوْلِي الْأَمْرِ مِنَ الأُمَرَاءِ وَالْعُلَمَاءِ كَمَا تَقَدَّمَ
“It is narrated from Ibn Abbas رَضِيَ اللهُ عَنْهُ that (وَأُوْلِي الْأَمْرِ مِنْكُمْ) “and those in authority among you” - refers to people of understanding and religion. Mujahid, Ata and Hasan Basri also said the same regarding this. Abu A’aliya said about this verse “It means the Ulama (scholars)”. Apparently we know from this verse, that these words are used to refer to the Islamic Rulers and the Ulama (scholars) as has preceded. And Allah knows best.”
Haafiz Ibn Hajar[7] said,
فَأَعَادَ " أَطِيْعُوْا " فِي الرَّسُوْلِ وَلَمْ يُعِدْهُ فِي أُوْلِيْ الْأَمْرِ
لِأَنَّهُمْ لَا اسْتِقْلَالَ لَهُمْ فِي الطَّاعَةِ كَاسْتِقْلَالِ الرَّسُوْلِ.
Allah has mentioned“أَطِيْعُوْا " (obey) second time with the Prophet. But He has not repeated it for the “Ulul Amr” (those in authority). Since the Ulul Amr are not to be obeyed perpetually like the obedience of the Prophet.”
[FATHUL BARI HADITH 16]
Allah has not mentioned ‘ Ateeu’ (Obey) before the ‘Ulul Amr’ (i.e. the scholars and Islamic rulers) as mentioned . Also note that ahead in the verse Allah has said, “And if you disagree over anything, refer it to Allah and the Messenger”. Allah has not mentioned the Ulul Amr here.
What Allah says is evidence in itself, what the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said is evidence in itself, but what the scholars say is not evidence in itself, but is acceptable as long as what they say is according to the Qur’an and the Sunnah.
When some Aalims are asked evidence for some Masalahs they say, “We are Aalims and have studied for 9 years in Madrassa. How can you ask us for proof?” With all due respect to their knowledge, they should not discourage the spirit of seeking knowledge in this manner.
Answer: Obedience is only in good, never in bad.
Prophet Muhammad صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said:
لَا طَاعَةَ فِي مَعْصِيَةٍ إِنَّمَا الطَّاعَةُ فِي الْمَعْرُوْفِ
"No obedience for evil deeds, obedience is required only in what is good."
[NARRATED BY ALI رضي الله عنه RECORDED IN SAHEEH BUKHARI 9:363 , SAHEEH MUSLIM, NISAI, AUTHENTICATED (SAHEEH) BY ALBANI IN SAHEEH AL-JAAMI 7519]
Prophet Muhammad صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said:
طَاعَةُ الْإِمَامِ حَقٌّ عَلَىَ الْمَرْءِ الْمُسْلِمِ مَا لَمْ يَأمُرْ بِمَعْصِيَةِ اللهِ
فَإِذَا أَمَرَ بِمَعْصِيَةِ اللهِ فَلاَ طَاعَةَ لَهُ
“Obedience of the Imaam is compulsory for every Muslim man until he does not order any disobedience of Allah. If he orders to disobey Allah then there is no obedience of him”
[NARRATED BY ABU HURAIRAH رضي الله عنه , RECORDED BY BAIHAQI IN SHOBUL IMAAN, AUTHENTICATED (HASAN) BY ALBANI IN SAHEEH AL-JAAMI 3907]
2. The Second Doubt: The Scholars know more than us
Answer: Yes, but it is proven that:
a. They may not have knowledge of certain things
b. They may forget
a. They may not have knowledge of certain things
b. They may forget
c. The one doing Ijtihaad[8] may be right or wrong.
So, we do not follow them in their mistakes.
So, we do not follow them in their mistakes.
1. Lack of Knowledge
Ubaid Bin Umair رضي الله عنه narrated,
اسْتَأْذَنَ أَبُوْ مُوْسَى عَلَى عُمَرَ فَكَأَنَّهُ وَجَدَهُ مَشْغُوْلًا فَرَجَعَ
فَقَالَ عُمَرُ أَلَمْ أَسْمَعْ صَوْتَ عَبْدِاللَّهِ بْنِ قَيْسٍ ائْذَنُوْا لَهُ فَدُعِيَ لَهُ
فَقَالَ مَا حَمَلَكَ عَلَى مَا صَنَعْتَ فَقَالَ إِنَّا كُنَّا نُؤْمَرُ بِهَذَا
فَقَالَ مَا حَمَلَكَ عَلَى مَا صَنَعْتَ فَقَالَ إِنَّا كُنَّا نُؤْمَرُ بِهَذَا
قَالَ فَأْتِنِي عَلَى هَذَا بِبَيِّنَةٍ أَوْ لَأَفْعَلَنَّ بِكَ
فَانْطَلَقَ إِلَى مَجْلِسٍ مِّنَ الْأَنْصَارِ فَقَالُوْا لَا يَشْهَدُ إِلَّا أَصَاغِرُنَا
فَقَامَ أَبُوْ سَعِيْدٍ الْخُدْرِيُّ فَقَالَ قَدْ كُنَّا نُؤْمَرُ بِهَذَا
فَقَالَ عُمَرُ خَفِيَ عَلَيَّ هَذَا مِنْ أَمْرِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَلْهَانِيْ الصَّفْقُ بِالْأَسْوَاقِ
فَقَالَ عُمَرُ خَفِيَ عَلَيَّ هَذَا مِنْ أَمْرِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَلْهَانِيْ الصَّفْقُ بِالْأَسْوَاقِ
“Abu Musa asked permission to enter upon 'Umar, but seeing that he was busy, he went away. 'Umar then said, "Didn't I hear the voice of 'Abdullah bin Qais? Allow him to come in." He was called in and 'Umar said to him, "What made you do what you did." He replied, "We have been instructed thus by the Prophet" 'Umar said, "Bring proof (witness) for this, other wise I will do so-and-so to you." Then 'Abdullah bin Qais went to a gathering of the Ansar who then said, "None but the youngest of us will give the witness for it." So Abu Said Al-Khudri got up and said, "We used to be instructed thus (by the Prophet)." 'Umar said, "This tradition of the Prophet remained hidden from me. Business in the market kept me busy."
[RECORDED IN SAHEEH BUKHARI 9:451, BOOK OF AL- I’TISAM BIL-KITAB WAL-SUNNAH]
According to the details mentioned in another hadith of Saheeh Bukhari 8:262 Abu Musa al Ashari had asked permission three times and returned after that. When asked about it by Umar رَضِيَ اللهُ عَنْهُ he quoted the saying of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ "If anyone of you asks the permission to enter thrice, and the permission is not given, then he should return."
We see in this hadith that Umar رَضِيَ اللهُ عَنْهُ was not aware about the Hadith. When this can happen with a Sahabi having the stature of Umar رَضِيَ اللهُ عَنْهُ who is among the Ashra e Mubashirah[9] and from the Khulfa e Rashideed (rightly guided Caliphs) then can it not happen with the other Imaams. This is not an uncommon thing among the Sahaba. We can find several Ahadith in which one Sahabi tells a hadith to another Sahabi and he says that he was unaware about it. Another example is when Abdullah ibn Umar was told the Hadith about the reward equal to two Qiraat (mountain like Uhud) for praying the Satul Janaza and accompanying the funeral till it is buried. He (Abdullah bin Umar رَضِيَ اللهُ عَنْهُ) said on hearing this Hadith, “We have lost numerous Qirats” [Sahih Bukhari 2:409]
The followers of the Imaams claim that their Imaam was the most knowledgeable and hence it is not possible that they did not know a particular hadith. When this can happen with the Sahaba [born before 0 Hijri], then can it not happen with Imaam Abu Hanifa رَحِمَهُ الله[born 80 Hijri, death 150 H], or with Imaam Shafa’ee [born 150 Hijri death 204 H], Imam Malik (born 95 H, death 179 H), Imam Ahmad bin Hambal (born 164 H death 241 H)?
Haafiz Ibn Hajar رضي الله عنه said after mentioning that Hadith in which Umar رضي الله عنه argued with Abu Bakr رضي الله عنه about fighting those who had refused to pay Zakaat.
وَفِي الْقِصَّةِ دَلِيْلٌ عَلَى
أَنَّ السُّنَّةَ قَدْ تَخْفَى عَلَى بَعْضِ أَكَابِرِ الصَّحَابَةِ وَيَطَّلِعُ عَلَيْهَا آحَادُهُمْ،
وَلِهَذَا لَا يُلْتَفَتُ إِلَى الْآرَاءِ وَلَوْ قَوِيَتْ مَعَ وُجُوْدِ سُنَّةٍ تُخَالِفُهَا،
وَلِهَذَا لَا يُلْتَفَتُ إِلَى الْآرَاءِ وَلَوْ قَوِيَتْ مَعَ وُجُوْدِ سُنَّةٍ تُخَالِفُهَا،
وَلَا يُقَالُ كَيْفَ خَفِيَ ذَا عَلَى فُلَانٍ ؟ وَاللَّهُ الْمُوَفِّقُ.
“In this incident there is evidence that the sunnah sometimes remains hidden from some major Sahaba while other Sahaba are aware about it. Hence no attention will be given to any opinion, even if it is very strong when there is a Sunnah opposing it. It will not be said that, “How is it possible that so-and-so did not know about it?” Indeed guidance is from Allah.”
[RECORDED IN AL FATH H.NO 25]
2. Forgetting and not recalling a certain evidence at the time of Ijtihaad
A. Forgetting
“Hammam رَحِمَهُ الله said
أَنَّ حُذَيْفَةَ أَمَّ النَّاسَ بِالْمَدَائِنِ عَلَى دُكَّانٍ
فَأَخَذَ أَبُوْ مَسْعُوْدٍ بِقَمِيْصِهِ فَجَبَذَهُ
فَلَمَّا فَرَغَ مِنْ صَلَاتِهِ قَالَ أَلَمْ تَعْلَمْ أَنَّهُمْ كَانُوْا يُنْهَوْنَ عَنْ ذَلِكَ
قَالَ بَلَى قَدْ ذَكَرْتُ حِيْنَ مَدَدْتَنِيْ
“Hudhaifa led the people in Salah in al-Madain standing on a shop (or a platform). Abu Mas`ud took him by his shirt and brought him down. When he (Abu Mas`ud) finished his prayer, he said: “Do you not know that they (the people) were prohibited to do so.” He said: “Yes, I remembered when you pulled me down.”
[RECORDED IN ABU DAWOOD THE BOOK OF SALAAH 1:597[10], AUTHENTICATED (SAHEEH) BY ALBANI IN SAHEEH ABU DAWOOD 557]
It is human to forget some things. It is also possible for the Imaams to forget.
B. Not recollecting certain evidence at the time of Ijtihaad
Ibn Abbas رضي الله عنه said:
أُتِيَ عُمَرُ بِمَجْنُونَةٍ قَدْ زَنَتْ
فَاسْتَشَارَ فِيْهَا أُنَاسًا فَأَمَرَ بِهَا عُمَرُ أَنْ تُرْجَمَ
مُرَّ بِهَا عَلَى عَلِيِّ بْنِ أَبِي طَالِبٍ رِضْوَانُ اللَّهِ عَلَيْهِ فَقَالَ مَا شَأْنُ هَذِهِ
قَالُوْا مَجْنُوْنَةُ بَنِيْ فُلَانٍ زَنَتْ فَأَمَرَ بِهَا عُمَرُ أَنْ تُرْجَمَ
قَالَ فَقَالَ ارْجِعُوْا بِهَا ثُمَّ أَتَاهُ
فَقَالَ يَا أَمِيْرَ الْمُؤْمِنِيْنَ أَمَا عَلِمْتَ أَنَّ الْقَلَمَ قَدْ رُفِعَ عَنْ ثَلَاثَةٍ
عَنِ الْمَجْنُوْنِ حَتَّى يَبْرَأَ
وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ
وَعَنِ الصَّبِيِّ حَتَّى يَعْقِلَ
قَالَ بَلَى قَالَ فَمَا بَالُ هَذِهِ تُرْجَمُ قَالَ لَا شَيْءَ
قَالَ فَأَرْسِلْهَا قَالَ فَأَرْسَلَهَا قَالَ فَجَعَلَ يُكَبِّرُ
“A lunatic woman who had committed adultery was brought to Umar رَضِيَ اللهُ عَنْهُ. He consulted the people and ordered that she should be stoned.
Ali ibn Abu Talib رَضِيَ اللهُ عَنْهُ passed by and said, “What is the matter with this (woman)?” They said, “This is a lunatic woman belonging to a certain family. She has committed adultery. Umar رَضِيَ اللهُ عَنْهُ has given orders that she should be stoned.”
He said, “Take her back”. He then came to Umar رَضِيَ اللهُ عَنْهُ and said, “O Commander of the Faithful, do you not know that there are three people whose actions are not recorded: a lunatic till he is restored to reason, a sleeper till he awakes, and a boy till he reaches puberty?”
He said, “Yes”. He then asked, “Why is it that this woman is being stoned?”
He said, “There is nothing”. He then said, “Let her go”. He (Umar) let her go and began to utter, “Allah is most great.”
[RECORDED IN ABU DAWOOD, BOOK OF HUDOOD 4385, MUSNAD AHMED, SAHEEH IBN HABAN, AUTHENTICATED (SAHEEH) BY ALBANI, AL-IRWA VOL 2 PAGE 5 UNDER H.NO 297]
When it can happen with a Sahabi having the status of Umar رَضِيَ اللهُ عَنْهُ that he did not recollect a particular evidence at the time of judging an issue. Is it possible for this to happen with an Imaam? Yes. It is possible
C. Mistakes during Ijtihaad
Narrated 'Amr bin Al-'As that he heard Allah's Messenger صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ saying,
إِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ ثُمَّ أَصَابَ فَلَهُ أَجْرَانِ
وَإِذَا حَكَمَ فَاجْتَهَدَ ثُمَّ أَخْطَأَ فَلَهُ أَجْرٌ
"If a judge gives a verdict according to the best of his knowledge and his verdict is correct (i.e. agrees with Allah and His Apostle's verdict) he will receive a double reward, and if he gives a verdict according to the best of his knowledge and his verdict is wrong, (i.e. against that of Allah and His Apostle) even then he will get a reward."
[NARRATED BY AMR BIN AL-AAS رضي الله عنه RECORDED IN MUSNAD AHMED ,SAHEEH BUKHARI 9:450, SAHEEH MUSLIM ,ABU DAWOOD, NISAI,IBN MAJAH,ALSO NARRATED BY ABU HURAIRAH رضي الله عنه RECORDED IN MUSAND AHMED, SAHEEH MUSLIM ,SAHEEH BUKHARI, ABU DAWOOD, NISAI,IBN MAJAH,TIRMIDHI, AUTHENTICATED BY ALBANI IN SAHEEH AL JAMI 493]
Due to what we know about the lives of the Imaams of Fiqh, we assume a good thought about them – InshaAllah we hope from Allah – that even when the Imaams were wrong they will get one single reward. However if it becomes clear to us that in a particular issue one of the Imaams is mistaken, yet we choose to follow him inspite of their being mistaken in that issue, then we will not get that single reward. Rather, if we choose to follow the opinion of anyone else over the Qur’an and the Saheeh Hadith then we have attacked our very basic Kalima –لَا إِلَهَ إِلَّا اللَّهُ مُحَمَّدُ رَّسُوْلُ الله - It is not fitting for a believer to have any choice about a matter after Allah and his Messenger have decided upon a matter (33:36). Allah says in the Qur’an 4:65, “But no, by your Lord, they will not truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.”
Masrooq رضي الله عنه narrates,
كَتَبَ كَاتِبٌ لِعُمَرَ بْنِ الْخَطَّابِ :
هَذَا مَا رَأَى اللهُ وَرَأَى عُمَرُ. فَقَالَ بِئْسَ مَا قُلْتَ.
قُلْ هَذَا مَا رَأَى عُمَرُ
فَإِن يَّكُنْ صَوَابًا فَمِنَ اللهِ وَإِنْ يَّكُنْ خَطَأً فَمِنْ عُمَرَ.
“One of the Scribes of Umar wrote,
‘This is a matter which Allah has considered to be good and Umar has considered to be good.’ Umar said, “What a wrong thing you have written! Rather write, ‘This is a matter which has been considered right by Umar. If it is correct then it is from Allah. And if it is wrong then it is from Umar.’””
[RECORDED IN I’LAMUL MU`QE`EN VOL 1 PAGE 57]
3. The Third Doubt: Disagreement is a Mercy
The Hadith:
اِخْتِلَافُ أُمَّتِي رَحْمُةُ
“The disagreement in my Ummah is a Mercy”
[SILSILAH AL-AHAADEETH AD-DA`EEFAH WA'L-MAWDOO`AH (58-62) BY SHAYKH AL-ALBAANEE (MAWDOO) 230 IN DAEEF AL JAAMI]
Answer: There is destruction in Ikhtilaaf
Allah says in the Qur’an in Surah Hud 11:118-119
وَلَوْ شَاءَ رَبُّكَ لَجَعَلَ النَّاسَ أُمَّةً وَاحِدَةً
وَلاَ يَزَالُوْنَ مُخْتَلِفِيْنَ . إِلاَّ مَنْ رَّحِمَ رَبُّكَ
وَلاَ يَزَالُوْنَ مُخْتَلِفِيْنَ . إِلاَّ مَنْ رَّحِمَ رَبُّكَ
“And if your Lord had willed, He could have made mankind one community; but they will not cease to differ. Except whom your Lord has given mercy.
Those on whom Allah has mercy do not differ as mentioned in this verse of the Qur’an.
Allah says in the Qur’an in Surah Al-e-Imran 3:105
وَلاَ تَكُوْنُواْ كَالَّذِيْنَ تَفَرَّقُواْ وَاخْتَلَفُواْ مِنْ بَعْدِ مَا جَاءَهُمُ الْبَيِّنَاتُ
وَأُوْلَـئِكَ لَهُمْ عَذَابٌ عَظِيْمٌ
وَأُوْلَـئِكَ لَهُمْ عَذَابٌ عَظِيْمٌ
“And do not be like the ones who became divided and differed after the clear proofs had come to them. And those will have a great punishment.”
This verse says that there is great punishment for Ikhtilaaf (differing) after clear proof has come. When the Qur’an and the Saheeh Hadith are quoted then all differences should end there.
Prophet Muhammad صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said:
لَا تَخْتَلِفُوْا فَإِنَّ مَنْ كَانَ قَبْلَكُمُ اخْتَلَفُوْا فَهَلَكُوْا
“So don't differ, for the nations before you differed, so they were destroyed."
[NARRATED BY IBN MASOOD, RECORDED IN BUKHARI 4:682, (SAHEEH), SAHEEH AL JAAMI 7255]
Nations before us were destroyed because of their differences, then how can differences by considered to be a mercy? Rather we need to strive to solve our differences by returning back to the Qur’an and the Sunnah and agreeing to follow what is in it, without any hesitation.
4. The Fourth Doubt: The way of majority is the best way
Answer: Following the Majority is not a part of religion
Allah says in the Qur’an in Surah Al Anaam 6:116
وَإِن تُطِعْ أَكْثَرَ مَنْ فِي الأَرْضِ يُضِلُّوْكَ عَنْ سَبِيْلِ اللّهِ
إِنْ يَّتَّبِعُوْنَ إِلاَّ الظَّنَّ وَإِنْ هُمْ إِلاَّ يَخْرُصُوْنَ
“And if you obey most of those upon the earth, they will mislead you from the way of Allah. They follow not except assumption, and they are not but falsifying.”
This verse mentions that if a person follows the majority, then he will surely go astray!
Allah says in the Qur’an in Surah Yusuf 12:103
وَمَا أَكْثَرُ النَّاسِ وَلَوْ حَرَصْتَ بِمُؤْمِنِيْنَ
“And most of the people, although you strive [for it], are not believers.”
Most of mankind are not believers, then are they correct?
Most of mankind does not know the truth
A. Tawheed
Allah says in Surah Yusuf 12:40
إِنِ الْحُكْمُ إِلاَّ لِلّهِ أَمَرَ أَلاَّ تَعْبُدُواْ إِلاَّ إِيَّاهُ
ذَلِكَ الدِّيْنُ الْقَيِّمُ وَلَـكِنَّ أَكْثَرَ النَّاسِ لاَ يَعْلَمُوْنَ
“Legislation is not but for Allah. He has commanded that you worship not except Him. That is the correct religion, but most of the people do not know.”
Majority of people do not know the message of Tawheed, then are they correct?
B. The Messengers
Allah says in the Qur’an in Surah Saba 34:28
وَمَا أَرْسَلْنَاكَ إِلَّا كَافَّةً لِّلنَّاسِ بَشِيْرًا وَنَذِيْرًا وَلَكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُوْنَ
“And We have not sent you except comprehensively to mankind as a bringer of good tidings and a warner. But most of the people do not know.”
Majority of people do not know about the truth of the Prophet-hood of Muhammed صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ, then are they correct?
C. The Hereafter
Allah says in the Qur’an in Surah 45:26
قُلِ اللَّهُ يُحْيِيْكُمْ ثُمَّ يُمِيْتُكُمْ ثُمَّ يَجْمَعُكُمْ إِلَى يَوْمِ الْقِيَامَةِ لَا رَيْبَ فِيْهِ
وَلَكِنَّ أَكَثَرَ النَّاسِ لَا يَعْلَمُوْنَ
“Say, “Allah causes you to live, then causes you to die; then He will assemble you for the Day of Resurrection, about which there is no doubt, but most of the people do not know."”
Majority of people do not know about the life after death, then are they correct? Even among the Muslims, majority of people do not offer Salah are they correct? Majority of people have beliefs which contain Shirk, are they correct. A majority of the sects (72 out of 73) are going to go to Hell, are they correct?
Instead of making ‘following of the majority’ our proof, shouldn’t we rather follow the Qur’an and the Saheeh Hadith. Won’t we be on much firm ground then?
The Fifth Doubt: It is compulsory to follow the way of our fathers and forefathers
Allah says in the Qur’an in Surah Yusuf 12:38
That Yusuf عليه السلام said:
وَاتَّبَعْتُ مِلَّةَ آبَآئِـي إِبْرَاهِيْمَ وَإِسْحَقَ وَيَعْقُوْبَ
“And I have followed the religion of my fathers, Ibrahim, Ishaaq and Yaqub.”
The fathers and forefathers of Yusuf عَلَيْهِ السَّلَام were Prophets. A person who quotes this verse today to follow the ways of his fathers forgets this very important fact that his fathers and forefathers were not Prophets! So while Yusuf عَلَيْهِ السَّلَام had to follow his fathers who were Prophets confirmed by Allah, a person today cannot be sure that his father and forefathers were on guidance. Why don’t we follow our Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ way and leave the way of our forefathers wherever they go astray?
The Answer: This answer is like the answer of the Mushriks of Makkah
Allah says in The Qur’an in Surah Luqman 31:21
وَإِذَا قِيْلَ لَهُمُ اتَّبِعُوْا مَا أَنْزَلَ اللَّهُ قَالُوْا بَلْ نَتَّبِعُ مَا وَجَدْنَا عَلَيْهِ آبَاءَنَا
أَوَلَوْ كَانَ الشَّيْطَانُ يَدْعُوْهُمْ إِلَى عَذَابِ السَّعِيْرِ
“And when it is said to them, "Follow what Allah has revealed," they say, "Rather, we will follow that upon which we found our fathers." Even if Satan was inviting them to the punishment of the Blaze?”
Allah says in The Qur’an in Surah Al Maidah 5:104
وَإِذَا قِيْلَ لَهُمْ تَعَالَوْا إِلَى مَا أَنْزَلَ اللّهُ وَإِلَى الرَّسُوْلِ
قَالُواْ حَسْبُنَا مَا وَجَدْنَا عَلَيْهِ آبَاءَنَا
أَوَلَوْ كَانَ آبَاؤُهُمْ لاَ يَعْلَمُوْنَ شَيْئًا وَلاَ يَهْتَدُوْنَ
“And when it is said to them, "Come to what Allah has revealed and to the Messenger," they say, "Sufficient for us is that upon which we found our fathers." Even though their fathers knew nothing, nor were they guided?”
Even the Mushriks of Makkah answered with the same answer – ‘We follow the ways of our fathers’. Even today many Non-Muslims continue to quote this answer. Are they all correct?
Section 3. The Statements of the Four great Scholars about Taqleed
Some people take personalities but leave their teachings. Like the Christians took the personality of Isa (as) but left his teachings. Here are the teachings of four great Imaams of the Qur’an and the Sunnah and what they taught regarding following them.
1. The Statements of Abu Haneefah
A. About accepting his statement without checking the evidence
Abu Haneefah رحمه الله said:
لَا يَحِلُّ لِأَحَدٍ أَنْ يَّأْخُذَ بِقَوْلِنَا مَا لَمْ يَعْلَمْ مِنْ أَيْنَ أَخَذْنَاهُ
"It is not permitted for anyone to accept our statements if they do not know from where we got them."
[RECORDED BY IBN AABEDEEN IN HAASHIYATAH ALAL-BAHER-UR RAAIQ VOL.6 PAGE 293]
This statement means, “I do not allow anyone to follow me until you know what is my evidence.”
B. About his taking back some of his opinion
And he رحمه الله said:
وَيْحَكَ يَا يَعْقُوْبُ (وَهُوَ أبُوْ يُوْسُفَ) لَا تَكْتُبْ كُلَّ مَا تَسْمَعُ مِنِّي
فَإِنِّيْ قَدْ أَرَىْ الرَّأْيَ الْيَوْمَ وَأَتْرُكُهُ غَدًا
وَأَرَىْ الرَّأْيَ غَدًا وَأَتْرُكُهُ بَعْدَ غَدٍ
"Woe to you, O Ya'qoob [i.e. Abu Yusuf]! Do not write down everything you hear from me, for it happens that I hold one opinion today and reject it tomorrow, or hold one opinion tomorrow and reject it the day after tomorrow."
[RECORDED BY IBN AABEN IN HASHIYATAH ALAL-BAHER-UR RAIQ VOL.6 PAGE293
This shows that Imaam Abu Hanifa رَحِمَهُ الله also changed his opinion when he came to know he was wrong. Some people today say, “How can Imaam Abu Hanifa be wrong?”
C. He رحمه الله said that his statement should be abandoned when it goes against the Qur’an and the Sunnah
And Abu Haneefah رحمه الله said:
إِذَا قُلْتُ قَوْلًا يُخَالِفُ كِتَابَ اللهِ تَعَالَى وَخَبْرَ الرَّسُوْلِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
فَاتْرُكُوْا قَوْلِي
"When I say something contradicting the Book of Allaah, the Exalted or what is narrated from the Messenger صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ, then ignore my saying."
[NARRATED BY AL-FALANI IN AL-I`QAZ PAGE: 50]
This is a Usool (principle) given by Imaam Abu Hanifa رَحِمَهُ الله. People who follow the Masalahs given by him should first follow the principles given by him.
He did not say like what is written in some books of Hanafi Usool like “Usool al Karkhi” and “Usool ash Shashi”, “ If any statement contradicts with the saying of our Imaam, if it is a verse of the Qur’an its ‘Taweel’ will be done [i.e. some other interpretation will be drawn out] or it will be shown as ‘Mansookh’ [abrogated] and if it is a hadith objections will be raised about its authenticity or it will be shown that it is ‘Mansookh’ [abrogated]”
2. Statements of Imaam Maalik
A. He رحمه الله said that his statement should be abandoned when it goes against the Qur’an and the Sunnah
Malik رحمه الله said:
إِنَّمَا أَنَا بَشَرٌ أُخْطِي وَ أُصِيْبُ فَانْظُرُوْا فِي رَأْيِيْ
فَكُلُّ مَا وَافَقَ الْكِتَابَ وَالسُّنَّةَ فَخُذُوْهُ
وَكُلُّ مَا لَمْ يُوَافِقِ الْكِتاَبَ وَالسُّنَّةَ فَاتْرُكُوْهُ
"Truly I am only a mortal: I make mistakes (sometimes) and I am correct (sometimes). Therefore, look into my opinions: all that agrees with the Book and the Sunnah, accept it; and all that does not agree with the Book and the Sunnah, ignore it."
[NARRATED BY IBN ABDUL BIR IN AL-JAAMI VOL.2 PAGE 32]
B. He رحمه الله said that no one is the final authority other than the Messenger of Allah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
Malik رحمه الله said:
لَيْسَ أَحَدٌ بَعَدَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِلَّا وَيُؤْخَذُ مِنْ قَوْلِهِ وَيُتْرَكُ إِلَّا النَّّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
"Everyone after the Prophet (sal-Allaahu 'alayhe wa sallam) will have his sayings accepted and rejected - not so the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ."
[NARRATED BY IBN ABDUL BIR IN AL-JAAMI VOL.2 PAGE91]
Muhammed صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ has been made an example for us[11]. Hence it was Allah who protected his actions and sayings. Whenever the Prophet S said or did anything which was wrong it was Allah who corrected him immediately in different ways. There are several instances of this in the Qur’an and the authentic Hadith. For example when the Prophet S frowned at the blind man (Qur’an 80:1-10) or the case when the Prophet S prohibited honey on himself (Qur’an 66:1) or the case of the spoils of war (Qur’an 8:67-68). Even the scholars of Fiqh were humans. Surely, even they made mistakes. Has Allah guaranteed the protection of the actions and the sayings of even these Imaams of Fiqh? No! If somebody thinks that even their actions and sayings were protected then he has given them the status of the Prophet of Allah. The Imaams did not claim this for themselves.
3. Statements of Imaam Shaafi’ee رحمه الله
A. The Sunnah should not be left due to any person’s statement
Shaafi’ee رحمه الله said:
أَجْمَعَ الْمُسْلِمُوْنَ عَلَى أَنَّ مَنْ اسْتَبَانَ لَهُ سُنَّةٌ عَنْ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
لَمْ يَحُلَّ لَهُ أَنْ يَّدَعَهَا لِقَوْلِ أَحَدٍ
"The Muslims are unanimously agreed that if a sunnah of the Messenger of Allaah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ is made clear to someone, it is not permitted for him to leave it for the saying of anyone else."
[RECORDED BY IBN AL-QAIYYIM VOL.2 PAGE 361]
B. Imaam Shaafi’ee prohibited from blindly following himself and others when their statement contradicts the sunnah
Shaafi’ee رحمه الله said:
إِذَا وَجَدْتُمْ فِي كِتَابِي خِلَافَ سُنَّةِ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
فَقُوْلُوْا بِسُنَّةِ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَدَعُوْا مَا قُلْتُ
(( وفي رواية)) فَاتَّبِعُوْهَا وَلَا تَلْتَفِتُوْا إِلَى قَوْلِ أَحَدٍ
“If you find in my writings something different to the Sunnah of the Messenger of Allaah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ then speak on the basis of the Sunnah of the Messenger of Allaah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ, and leave what I have said."
In one narration: "... then follow it (the Sunnah), and do not look sideways at anyone else's saying."
In one narration: "... then follow it (the Sunnah), and do not look sideways at anyone else's saying."
[RECORDED BY AN-NAWAWI IN AL-MAJMUA VOL.1 PAGE 63,IBN –UL-QAIYYIM VOL.2 PAGE 361, ALSO RECORDED BY IBN HIBBAN IN SAHEEHA VOL.3 PAGE284]
C. All the statements of the Messenger are mine
Shaafi’ee رحمه الله said:
كُلُّ حَدِيْثٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَهُوَ قَوْلِيْ وَإِنْ لَّمْ تَسْمَعُوْهُ مِنِّيَ
“Every statement on the authority of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ is also my view, even if you do not hear it from me."
[RECORDED BY IBN ABU HAATIM PAGE 93-94]
The most comprehensive works of hadith preservation were compiled in between the period 225 AH to 300 AH when the six prime books of Hadith were compiled. It can easily be observed that during the period of the Imams the more comprehensive works of Hadith compilation did not exist. That was a period when the Hadith were scattered over a wide region. Inspite of the difficulty of the times what work these four Imaams and other Imaams of those times did is commendable. May Allah accept their efforts and grant them His blessings and mercy. These Imaams did not have these compilations in easy accessable forms the way we have today. Today, in a good library a person will have 1000’s of ahadith of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ on his finger tips. However that was not the case at the time of the Imaams. For a single Hadith, a distance had to be covered without the fast means of transportation we have today. The scholars were aware of this difficulty. It is also possible that the hadith reached them but some information about the reliability of the hadith did not reach them. That is the reason why it is reported from both Imaam Abu Hanifa[12] and Imaam Shaafiee[13] “When a hadeeth is found to be Saheeh, then that is my Madh-hab.”
4. Statements of Imaam Ahmed رحمه الله
A. Prohibition of the blind following of scholars
Ahmed رحمه الله said:
لَا تُقَلِّدْنِيْ وَلَا تُقَلِّدْ مَالِكًا وَلَا الشَّافَعِيَّ وَلَا الْأَوْزَاعِيَّ وَلَا الثَّوْرِيَّ
وَخُذْ مِنْ حَيْثُ أَخَذُوْا
"Do not blindly follow my opinion; neither follow the opinion of Maalik, nor Shaafi'ee, nor Awzaa'i, nor Thawri, but take from where they took."
[RECORDED BY IBN AL-QAIYYIM VOL.2 PAGE302]
And Ahmed رحمه الله said:
لَا تُقَلِّدْ دِيْنَكَ أَحَدًا مِّنْ هَؤُلَاءِ.
مَا جَاءَ عَنِ النَّبِيِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَأَصْحَابِه ِفَخُذْ بِهِ ثُمَّ التَّابِعِيْنَ بَعْدُ اَلرَّجُلُ مُخَيَّرٌ
"Do not copy your Deen from anyone of these [scholars], but whatever comes from the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ and his Companions, take it; next are their Successors, where a man has a choice."
[ABU DAWOOD IN MASSAIL AL IMAAM AHMED PAGE 276, 277]
Other Questions
Q 1. The Imaams must have had evidence for what they say?
Let us speak on the basis of what actual evidence is available. If we open the door for ‘they must have had’ then someone will say, “the Sahaba must have celebrated Eid e Milad” [they did not] “they must have removed Juloos (procession)”, “They must have done ‘matam’”. This is a very big floodgate for misguidance.
Q2. Who came first Imaam Bukhari رَحِمَهُ الله or Imaam Abu Hanifa رَحِمَهُ الله (birth 80 H)? Then whom will you follow?
Allah’s Messenger صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ came first! Imaam Bukhari رَحِمَهُ الله quotes hadith from the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ with authentic proven chain of narrators. Imaam Abu Hanifa gave verdicts of Fiqh according to the best knowledge which he had. However he is a human and can make mistakes in his verdicts due to a variety of reasons mentioned above. When a hadith contradicts opinion then we should not give preference to opinion. So we will follow the hadith of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ quoted with an authentic chain of narrators.
Q3. Hadith is not everything you need Fiqh also
This is correct. This is the reason why we need to refer to the Scholars who will deduce the correct ruling after looking at all the verses and hadith on the subject and after considering Naasikh and Mansookh. (See Section I, point 1). We strongly forbid people from giving verdicts with incomplete knowledge. (See Section I, point 2)
The question is, if two scholars differ in any matter. And it becomes clear to us that one of them is mistaken in a particular issue. Then, do we continue to follow the scholar inspite of his mistake or do we follow the other scholar who has evidence? Rather we follow the scholar who is backed with proof from the Qur’an and the Sunnah. Since we are in reality following the Qur’an and the Sunnah and following the scholar is subject to his being in accordance with the Qur’an and the Sunnah.
Q4. You are insulting the Imaams by leaving them
Rather we are doing what the Imaams actually told us to do. So we are truly following the Imaams by doing this. All the correct scholars of the Qur’an and the Sunnah are our scholars. On the contrary, those people who attribute themselves to the Imaams are not following the Usool (principles), given by the Imaams. So they are the ones insulting the Imaams by their actions.
Besides ask yourself with your Imaan, O believer, whom are you insulting when you leave the saying of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ and choose to follow your Imaam. You are insulting the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ himself!
Q5. Then Imaams have divided the Sunnah between themselves
When did this meeting take place when the Imaams met and distributed the Sunnah among themselves. We can see from their date of birth that no three of them ever met together since they were born in different periods, besides they lived in different areas.
Besides if they divided the Sunnah among themselves, then is it not that each of them left ¾ portions of the Sunnah and retained ¼ portion. Allah says in the Qur’an 59:7, “Whatever the Messenger has given you – take”.
This statement in reality defames the Imaam and they are free from such corruption.
Q6. All four schools of thought are correct
Yes, all the four Imaams were correct and were scholars of the Qur’an and the Sunnah. They strove to convey the teachings of the Qur’an and the Sunnah to the best of their abilities with their available resources and in their circumstances. However every single Masalah (issue) taught by every single school of thought is not correct.
For example, according to the Shafaaee school of thought if a person in the state of wudhu is touched by a Non-mehram woman – his wudhu breaks. Another example is when blood flows from a person in the state of wudhu, according to the Hanafis his wudhu breaks, however according to the Shafaees his wudhu is still valid.
A question arises : Has the wudhu broken or has it not broken? What is the reality about it? The correct answer can be only one, either it has broken or it has not. We cannot answer – “broken but not broken”. One person is born in a Hanafi family his wudhu breaks due to blood flow. If that same person would have been born in a Shafa’ee family his wudhu would have not broken! According to some scholars there are differences in about 12,000 issues between the Hanafi and the Shaafee School of thought and in more than 10,000 between the Hanafi and the Maaliki School of thought. How do we solve these differences? Qur’an 4:59 “If you differ in any matter, refer to Allah and His Messenger” i.e. go to the Qur’an and the Sunnah!
Q7. The common man cannot understand the evidence in any matter, so he should blindly follow his scholars.
If that same ‘common man’ does Shirk by praying to graves will we still say that to him? We will tell him study the Qur’an and Hadith and see what is right, use your brains, think, contemplate. Similarly as much as this ‘common man’ is able to he should strive to see what is authentic and what is not. Prophet Muhammed صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said, “Seeking Knowledge is compulsory for every Muslim” [Saheeh al Jaami 3913]. Atleast Aqeedah, basic Ibadah e.g. Salah which he is offering 5 times a day – let him check if everything he is doing is according to the authentic Hadith.
Yes, this ‘common man’ should refer to scholars. But which scholars? Will he refer to scholars who teach him ‘Shirk’? Will he refer to scholars who teach him that he has to blindly, stubbornly follow one of the schools of thought? Rather he should understand which scholars to refer to.
This ‘common man’ is not a fool in worldly matters. Uses his Allah-given intelligence. Even when he buys vegetable, cloth, gold. Then why, when we come to religion he is told to, ‘switch off’ his intelligence?
Q8. If you do not follow the four Imaams your Imaam is Shaitan.
Did the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ say that? Did he fix the four Imaams himself? Is there even one single Saheeh Hadith about it? He prophecised events before the day of Judgement, but did he tell us about the four Imaams? This is something new, not a part of the original religion of Muhammed صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ! The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ said, “Whoever innovates in this religion of ours, something which is not a part of it – it will be rejected” [Sahih Bukhari 3:861].
If we see books of history, we know that there were more than 12 leading scholars of Fiqh in that period. Some, whose names are not even known today – Imam al-Awzaa`ee (85-151H), Imam al-Layth (93-168 H), Imaam ath Thawree (96-154H), Imam Dawood[14] (192-260 H), Imam Muhammed ibn Jareer at Tabaree[15] (216-300 H). Imaam Shafa’ee studied under Imaam Maalik for 12 years. He also studied the students of Imaam Layth. He passed a remark, “Imaam Layth was a greater scholar than Imaam Maalik”[16]. But Imaam Layth is not among the four and Imaam Maalik is.
So why four Imaams, why not five, six…? Where is the evidence for this? Why these four? Why not four from the Sahaba? And who were the Sahaba – were they Hanafi or Shafa’ee? When a ‘common man’ from those who follow the Madh-habs blindly was asked this question he answered without hesitation, “Sahaba were Hanafi!” [He was a Hanafi]. Imaam Abu Hanifa رَحِمَهُ الله was born in 80 H! Why should we not follow the way of he Sahaba? We respect all the Imaams but follow whoever has proof.
Q 9. The differences between the Imaams are only in small, trivial, unimportant issues but not in major matters. The difference is in only matters regarding ‘fazeelat’ and ‘mustahab’
We quote from Ibn Rushd al Qurtubi’s book, “Bidayatul Mujtahid wa Nihayatul Muqtabid” a book which mentions on which issues there is an Ijma (consensus) and on which matters there are differences. If a person reads only the section on Taharah you will find there so many instances of ‘major’ differences. Two examples have been given in Qustion 6 above. If there is no wudhu there will be no Salah. This is not minor. There are difference even to the extent of Halaal and Haraam.
Q 10. Differences are a Mercy. So the differences between the Scholars are also a mercy.
Allah has taught us in the Qur’an in Surah Ale Imran 3:103
”And hold firmly to the rope of Allah all together and do not become divided.”
Where is the rope of Allah? The rope of Allah is the Qur’an and the Saheeh Hadith. Allah is exorting us that hold on to the rope of Allah and don’t be divided among yourselves.
Allah says in the Qur’an in Surah Anfal 8:46
”And obey Allah and His Messenger, and do not dispute and (thus) lose courage and (then) your strength would depart, and be patient, Indeed Allah is with the patient.”
If one brother of ours is saying 2 + 2 = 4 and another is saying 2 + 2 = 5 and we say that both are correct, we all are united! This is not the right method. Rather we should say that the person who says 2 + 2 = 4 is right and the person who says 2 + 2 = 5 is wrong.
The method of solving our differences and uniting the Muslims is to return to the Book of Allah – the Qur’an and the Saheeh Hadith. To unite the Muslims we have to adopt this approach. Other approaches will neither succeed nor earn the pleasure of Allah.
Please note commonly quoted hadith like those given below are all inauthentic.
a. ”Disagreement among my nation is a mercy”
This hadith has no chain of narration connecting it to anyone, much less to the Prophet S, nor is it to be found in any of the books of Hadeeth[17]. It is therefore incorrect to even refer to it as a Hadeeth as it is fabricated.
b. “Differences among my Sahaba are a mercy for you”[18]
This is found in Bayhaqee however it has been classified by Hadeeth Scholars as Waahin (extremely weak) refer to the book Silsilah al Ahadeeth ad Daeefah wa al Mawdooa’h vol 1 pg 80 by Shaikh Albanee for further details.
c. “My Sahaba are like stars. You will be guided by whichever of them you follow.[19]”
According to scholars of Hadeeth this hadith is Mawdoo (fabricated). For further details refer to the book Silsilah al Ahadeeth ad Daeefah wa al Mawdooa’h vol 1 pg 78-79 and 82-83 by Shaikh Albanee.
”And hold firmly to the rope of Allah all together and do not become divided.”
Where is the rope of Allah? The rope of Allah is the Qur’an and the Saheeh Hadith. Allah is exorting us that hold on to the rope of Allah and don’t be divided among yourselves.
Allah says in the Qur’an in Surah Anfal 8:46
”And obey Allah and His Messenger, and do not dispute and (thus) lose courage and (then) your strength would depart, and be patient, Indeed Allah is with the patient.”
If one brother of ours is saying 2 + 2 = 4 and another is saying 2 + 2 = 5 and we say that both are correct, we all are united! This is not the right method. Rather we should say that the person who says 2 + 2 = 4 is right and the person who says 2 + 2 = 5 is wrong.
The method of solving our differences and uniting the Muslims is to return to the Book of Allah – the Qur’an and the Saheeh Hadith. To unite the Muslims we have to adopt this approach. Other approaches will neither succeed nor earn the pleasure of Allah.
Please note commonly quoted hadith like those given below are all inauthentic.
a. ”Disagreement among my nation is a mercy”
This hadith has no chain of narration connecting it to anyone, much less to the Prophet S, nor is it to be found in any of the books of Hadeeth[17]. It is therefore incorrect to even refer to it as a Hadeeth as it is fabricated.
b. “Differences among my Sahaba are a mercy for you”[18]
This is found in Bayhaqee however it has been classified by Hadeeth Scholars as Waahin (extremely weak) refer to the book Silsilah al Ahadeeth ad Daeefah wa al Mawdooa’h vol 1 pg 80 by Shaikh Albanee for further details.
c. “My Sahaba are like stars. You will be guided by whichever of them you follow.[19]”
According to scholars of Hadeeth this hadith is Mawdoo (fabricated). For further details refer to the book Silsilah al Ahadeeth ad Daeefah wa al Mawdooa’h vol 1 pg 78-79 and 82-83 by Shaikh Albanee.
[1] The explanations are by Brother Zaid Patel. They can be distinguished by a smaller font size. All point headings and points are by Shaykh Abu Zaid. If there is any good in these notes then it is only due to Allah, any mistakes are due to human failings and Shaitan. If you come across any mistake in these notes then, please give the correction at the center or email at islamsmessage@gmail.com.
[2] Some people use the term ‘Musalah’ since they think that the only difference in these schools of though is the difference in the method of Salah. However the differences in these schools of thought go beyond Salah into many other areas.
[3] The Qur’an translation quoted is from the English translation by Saheeh International, available in print by Al-Qaasim Publishing House, also available on the internet atwww.islamsmessage.com
[4] All References from Saheeh Bukhari are from the English translation by Muhammed Mohsin Khan (9 volumes) printed by Kitaab Bhavan also available on the internet atwww.islamsmessage.com
[5] Narrated by Buraydah ibn Al Haseeb and recorded in Sunan Abu Dawood 3566 and authenticated in Saheeh Sunan Abu Dawood 2:3051
[6] All References from Saheeh Muslim are from the English translation by Abdul Hamid Siddiqi (4 volumes with continuous numbering) printed by Kitaab Bhavan also available on the internet at www.islamsmessage.com
[7] Ibn Hajar al Asqalani is noted for his authoritative commentary ‘Fath-ul-Baari’ on Saheeh Bukhari.
[8] i.e. one who strives in the correct manner to come to the right ruling
[9] The ten companions who received the good news of paradise in their life time as quoted in a single hadith of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
[10] All References from Sunan Abu Dawood are from the English translation by Ahmad Hasan (3 volumes with continuous numbering) printed by Kitaab Bhavan.
[11] Qur’an Surah al Ahzab 33:21
[12] From Imaam Abu Hanifa in Ibn Aabideen in al Haashiyah (1/63) and in his essay Rasm al Mufti (1/4 from the Compilations of the Essays of Ibn Aabideen), Shaikh Saalih al Fulaani in Eeqaaz al Himam (p. 62) and others. Ibn Aabideen quoted from Sharh al Hidaayah by Ibn al Shahnah al Kabeer.
[13] From Imam Shafiee by Nawawi in Al Majmoo (1/63), Sha’raani (1/57) giving its sources as Haakim and Baihaqi, & Fullani (p.107). Sha’raani said, “Ibn Hazm said, “That is, … found to be Saheeh by him or by any other Imam”.
[14] He was the founder of the “Dhaahiree Madhbah (school of thought)”
[15] He was the founder of the “Tabaree Madhhab (school of thought)”
[16] We cannot make such a statement possibly, but Imaam Shafa’ee could, since he studied under him.
[17] Narrated by al Manaawee from the great Hadith scholar as Subkee
[18] Allegedly reported by Jaabir and collected by al Bayhaqee
[19] Allegedly reported by Ibn Umar and collected by Ibn Battah in al Ibaanah, Ibn Asaakir and Nidhaaam al Mulk in al Amaalee
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