Mazhab – Ihyaaud Deen https://ihyaauddeen.co.za An Effort to Revive Deen in Totality Sat, 28 Dec 2019 09:34:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.2 Moulana Ibraheem Siyalkoti’s ill-opinion of Imaam Abu-Hanifah (Rahmatullahi Alayh) https://ihyaauddeen.co.za/?p=513 https://ihyaauddeen.co.za/?p=513#respond Wed, 15 Jun 2011 12:45:26 +0000 http://ihyaauddeen.co.za/?p=513

Initially Moulana Ibraheem Siyalkoti (who was formerly an Ahle Hadith) had an ill-opinion of Imaam Abu Hanifah (Rahmatullahi Alayh). Thereafter he began to have a lot of respect for Imaam Saheb. Moulana Ibrahim Siyalkoti writes about himself in his book Tareekhe Ahle Hadith:

“When looking for some mas’alah I went through the books on the shelf. I started checking up the view-point of Imaam Abu Hanifah (Rahmatullahi Alayh). After going through different books some reservation settled in my heart regarding Imaam Abu Hanifah (Rahmatullahi Alayh).

The effects of evil thoughts within me could be felt around me. It was broad daylight, yet I felt darkness enveloping me. The blackness was thick and compound which was similar to what the Ayat says: Darkness one over the other.” At the same time, Allah Ta’ala inspired my heart that this is the outcome of your ill-feelings for Abu Hanifah (Rahmatullahi Alayh)! Repent for your wrong!” Moulana Ibraheem continues: I started reading the words of istighfaar and immediately the darkness disappeared. In fact, it was replaced with such brightness which outshone the daylight. From then onwards my respect and confidence for Imaam Abu Hanifah (Rahmatullahi Alayh) continued to grow. I say to those who (don’t listen to me and) continue reviling Abu Hanifah (Rahmatullahi Alayh), my example with you is the very same which Allah Ta’ala had said to the ones who denied the incident of Me’raj.

افتمارونه على ما يرى

So will you doubt that which he was shown (Surah Najam 53:12)

Hence it is futile for anyone to argue with me regarding something I witnessed in a wakeful state while I was in  my senses.” (Iktilaaf-e-ummat and siraat-e-mustaqeem 2/49)

Moulana Ibraheem Siyalkoti prepared his book Tareekhe Ahle Hadith in which he wrote some history of the seniors of the Ahle Hadith as well as some of the history of the previous Muhadditheen. The book includes Imaam Abu Hanifa (Rahmatullahi Alayh) amongst the previous senior Muhadditheen. The All-India Ahle Hadith Conference of Delhi was impressed with the book and wished to distribute copies of it. They had one reservation: The name of Abu Hanifah (Rahmatullahi Alayh) amongst the Muhadditheen!? They asked Moulana Ibraheem to de-list Imaam Abu Hanifah (Rahmatullahi Alayh) and publish it (without the section of Abu Hanifa (Rahmatullahi Alayh)). Moulana replied by saying that the name of Imaam Abu Hanifah (Rahmatullahi Alayh) can never be alienated from the fraternity of the Muhadditheen. (Athaarul Hadith 2/394)

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The Tenth Problem that will Arise by Referring Directly to the Qur’an and Hadith https://ihyaauddeen.co.za/?p=481 https://ihyaauddeen.co.za/?p=481#respond Wed, 01 Jun 2011 18:53:35 +0000 http://ihyaauddeen.co.za/?p=481 The tenth problem is that not being committed to one Mazhab is a very effective formula for the destruction of deen. This conclusion has been reached after a deep analysis and thorough examination of the new ‘Mazhab’ commonly known as Salafiyyat.

Salafiyyat is the latest trend in the world which has been given a deeni body and form though bereft of the spirit and soul of Deen. After a lengthy period of twelve hundred years (during which the Ummah remained committed to the four Mazhabs) this neo Mazhab made its appearance.

Most people ascribing themselves to this new Mazhab wish to lead a free and unhindered life. They do not want to be bound by any restrictions which come in the path of their worldly interests. However, at the same time their aim is to appear as Deeni committed people treading on the path of Deen, and they are greatly concerned that people do not alienate them from the rest of the Ummah nor label them as “transgressors in deen” on account of their laxity in Deen.

The purpose of Salafiyyat:

The purpose and aim of the founders of this Mazhab (as will be seen in the history of Salafiyyat below) were:

  1. To create internal fights and disunity in the Ummah especially amongst those who ascribe themselves to the four Imaams.
  2. To cause the minds of the Muslims to be stormed by suspicions and doubts in their Deen.
  3. To remove the confidence of the people in the A’immah and Aslaaf.
  4. To cause the masses to become liberal and lax in matters of Deen and to pick and choose the opinion of that Imaam which conforms to their personal reasoning.

In order to accomplish their mission, the plan of action they executed was:

  1. They used the differences between the four Mazaahib as a basis for creating confusion and doubts.
  2. They invited towards practising upon isolated opinions (Shaaz Aqwaal) which oppose the mainstream view of the Ummah.
  3. They allowed the masses to randomly choose from different Mazaahib and not to blindly follow one Mazhab.
  4. They promoted the concept of “rationalizing Deen to suit contemporary times”
  5. They encouraged the masses to refer directly to the Quraan and Hadeeth in finding Deeni solutions to modern day problems.
  6. They exhorted the masses to reinterpret the Qur’aan and Hadeeth to fit contemporary situations.

Their hallmark:

They earmarked certain Masaa’il from different Mazaahib together with highlighting the source of those Masaa’il from the relevant books of Hadeeth (e.g. Bukhaari and Muslim). Thereafter they impressed upon the Ummah that only these Masaa’il are correct and every other view is incorrect. In doing so, they deliberately ignored the other authentic narration which establish the practise adopted by the other Mazaahib in that mas’alah.

Furthermore, in situations where the four A’immah do not “apparently” practise upon certain Ahadeeth based on substantial proofs and reasons, they latched onto such Ahadeeth and accused the A’immah of abandoning the Ahadeeth of Rasulullah Sallallahu Alaihi Wa Sallam. Similarly, we notice that wherever differences in Masaa’il exist among the Imaams, they promoted independent research and study and allowed choosing whichever view one feels to be correct.

Some of the views that they have ascribed themselves to and very staunchly advocate are as follows:

  1. Raf’e Yadain (raising the hands when going into Ruku’ and getting up from Ruku’). This conforms to the Shafi’ee and Hanbali Mazhab. According to the  Maaliki and Hanafi Mazhab, the hands are only raised at the beginning of the Salaah (Mugnil Muhtaaj 1/388 ; Mugni Libni Qudaamah 1/ 171 ; Haashiyatud-Dassuqi 1/ 396 ; Shaami 1/ 506)
  2. Aameen Bil Jahr (reciting the Aameem aloud). This conforms to the Shafi’ee and Hanbali Mazhab contrary to the Maaliki and Hanafi Mazhab. (Mugnil Muhtaaj 1/379 ; Mugni Libni Qudaamah 1/ 162 ; Haashiyatud-Dassuqi 1/ 398 ; Shaami 1/ 492)
  3. Jama’ Bainas-Salaatain (joining Salaahs during a journey). This conforms to the Maaliki, Hanbali and Shafi’ee Mazhab contrary to the Hanafi Mazhab. (Mugnil Muhtaaj 1/603 ; Mugni Libni Qudaamah 1/ 131 ; Haashiyatud-Dassuqi 1/ 584 ; Shaami 1/ 381)
  4. Placing the hands before the knees when going into Sajdah. This conforms to the Maaliki Mazhab contrary to the the Shafi’ee, Hanafi and Hanbali Mazhab. (Mugnil Muhtaaj 1/399 ; Mugni Libni Qudaamah 1/ 199 ; Haashiyatud-Dassuqi 1/ 401 ; Shaami 1/ 497)
  5. The postures of the woman’s Salaah is exactly the same as men’s Salaah which does not conform to any of the four Mazaahib. Hence, they have omitted many Ahadeeth in this regard. (Majmu’l Fatawa 3/343; Mugni Libni Qudaamah 1/ 258; Haashiyatud-Dassuqi; Shaami 1/ 504)
  6. Wadh’ul Yadain ‘Alas-Sadr (tying the hands during Salaah upon the chest) which does not conform to any of the four Mazaahib. (Majmu’l Fatawa 3/187; Mugni Libni Qudaamah 1/ 140; Haashiyatud-Dassuqi; Shaami 1/ 486)
  7. Masah upon ordinary socks which does not conform to any of the four Mazaahib.  (58/59 المسح على الجوربين للشيخ زكريا ماكدا)
  8. Performing eight Raka’ats of Taraweeh which does not conform to any of the four Mazaahib.  (خير المصابيح في عدد التراويح ص42)
  9. Three Talaaqs issued at once is regarded as one Talaaq which does not conform to any of the four Mazaahib. (الاعلام المرفوعة في حكم الطلقات المجموعة الشيخ المحدث حبيب الرحمن الأعظمي)
  10. They severed themselves from the Ahlus-Sunnah Wal-Jamaa’ah in regard to certain beliefs in Deen e.g. Istiwaa Alal-Arsh.   (عقيدة أهل السنة و الجماعة للعثيمين ص11)

 

The essence of Salafiyyat

In essence, this Mazhab is an assortment of the four Mazaahib blended with personal opinions. Hence, wherever one is faced with differences among the A’immah, he is at liberty to hop from one Mazhab to another and choose what appeals to his reasoning. If anyone dare raise an objection against him, then he shields himself by quoting the Hadeeth of Rasullullah Sallallahu Alaihi wa Sallam out of context:

عن أبي هريرة قال : قال رسول الله صلى الله عليه وسلم إذا حكم الحاكم فاجتهد فأصاب فله أجران وإذا حكم فأخطأ فله أجر واحد

(باب ما جاء في القاضي يصيب ويخطئ 247 سنن الترمذى)

Hazrat Abu Hurairah (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alayhi Wasallam) said, ‘If a mujtahid employs ijtihaad when issuing a verdict and he reaches the correct conclusion, he will receive a double reward. And if he employs ijtihaad and errs, he will receive one reward from Allah Ta’ala.

 

However in doing so, they have ignored many other Ahadeeth which prohibit individuals from tampering and interfering with the Shariah. This is the clear message given in the following Hadeeth:

 

مشكاة المصابيح : ص 54 : و عن جابر قال خرجنا في سفر فأصاب رجلا منا حجر فشجه في رأسه فاحتلم فسأل أصحابه هل تجدون لي رخصة في التيمم قالوا ما نجد لك رخصة و أنت تقدر على الماء فاغتسل فمات فلما قدمنا على النبي صلى الله عليه وسلم أُخبر بذلك قال قتلوه قتلهم الله ألا سألوا إذا لم يعلموا فإنما شفاء العي السوال إنما كان يكفيه أن يتيمم و يعصب على جرحه خرقة ثم يمسح عليها و يغسل سائر جسده . رواه أبو داود

Jaabir (Radiyallahu Anhu) reports that they were once on a journey when a person amongst them was struck by a rock and suffered severe head injuries. He then experienced a wet-dream (thus requiring ghusl). So he asked some of his companions if there was any concession for performing tayammum. They replied: “There is no concession for you since water is available.” Thus, this Sahaabi took a bath and passed away (as a result of making ghusl). When they returned and Nabi (Sallallahu Alayhi Wasallam) was informed of this, he said: “They killed him, may Allah kill them. Why couldn’t they enquire from those who were knowledgeable when they did not know? The cure of an ailing person (an ignorant person) is to ask. It was sufficient for him to only perform tayammum and bandage his wound. He could have then rubbed his moist hand over it and wash the rest of his body.”

Conclusion

The result of Salafiyyat is that a fifth Mazhab has been created in the world. The only difference between this fifth Mazhab and the four Mazaahib is that each individual will be the Imaam of his own Mazhab which will be designed and tailored to conform to his reasoning. Hence, those who tread along the path of Salafiyyat will only remain Muslims by name, but bereft of the Sunnah of Rasulullah Sallallahu Alaihi Wa Sallam. As far as their lifestyle and outlook is concerned, they will subject themselves to western cultures and traditions, thus, leading a carefree life governed by their whims and fancies.

وعن علي قال : قال رسول الله صلى الله عليه وسلم : ” يوشك أن يأتي على الناس زمان لا يبقى من الإسلام إلا اسمه ولا يبقى من القرآن إلا رسمه مساجدهم عامرة وهي خراب من الهدى علماؤهم شر من تحت أديم السماء من عندهم تخرج الفتنة وفيهم تعود – مشكاة  ص 38

It is reported from Hadhrat Ali (Radiyallahu Anhu) that Rasulullah (Sallallahu Alayhi Wasallam) said: Soon a time will down upon the people that Islaam will only remain in name and nothing will remain from the Qur’an except the wording. The Masaajid will be full of people but void of people of guidance. The Ulama’ (of that time) will be the worst people on the face of the earth. They will be the cause of mischief and corruption spreading in the earth and the corruption will return to them.

 

عن أبي ثعلبة في حديث طويل قال: …. قال رسول الله صلى الله عليه وسلم إذا رأيت شحا مطاعا وهوى متبعا ودنيا مؤثرة وإعجاب كل ذي رأي برأيه

Abu Tha’labah Radhiyallahu Anhu reports that Rasullullah Sallallahu Alahi Wa Sallam said: ( A time will dawn upon my Ummah before Qiyaamat where)You will witness people fulfilling their greed, following their base desires, giving preference to dunya over deen and being satisfied with their own reasoning and understanding. (Mishkaat Pg. 437)

Nabi Sallallahu Alaihi Wa Sallam has forewarned us of such a time which we are presently witnessing. The preservation of the true spirit and teaching of Deen has become secondary and people have attempted to scuttle the smooth sailing ship of Islaam by creating an environment of self opinion and deviation from the firmly established path of the pious predecessors.

 

Twenty five years of experience

Moulana Bitaalwi (an Aalim who did not subscribe to the following of any of the four Mazaahib eventually realised the damage and harm caused by biasedly speaking against the four Imaams) says:

“Many of the masses transgressed the boundaries of justice and finally the boundary of Islaam itself.”

He further writes in Ishaa’atus-Sunnah:

“After twenty five years of experience I have come to the conclusion that those who leave out the following of an Imaam or Mujtahid eventually leave the fold of Islaam.”  (Nuzhatul-Khawaatir 8/ 452)

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The Ninth Problem that will Arise by Referring Directly to the Qur’an and Hadith https://ihyaauddeen.co.za/?p=460 https://ihyaauddeen.co.za/?p=460#respond Sat, 21 May 2011 13:49:55 +0000 http://ihyaauddeen.co.za/?p=460 The ninth problem is that since there exists no fifth mazhab in the world at present, those who wish to adopt a new mazhab (by directly referring to the Quran and Hadith), will have to do either one of two things in order to reach the correct conclusion. Either they will employ their personal reasoning when they come across any apparent contradiction in the Ahaadith or alternatively, depend upon the verdict of a scholar of recent times. By acting upon either one of the two, what assurity do they have that the conclusion they reach is correct. Furthermore since they personally do not possess the required level of Deeni knowledge nor the potential to verify the exact position of the information they come across, trying to solve complex problems which relate to the chain of narrators of the Ahaadith or analysing complicated situations which have already been worked out by the four Imaams and their followers will be nothing but a mockery of the Deen of Allah Ta’ala. Apart from that, the major fear that remains is that if any mistake occurs, then one will be guilty of the sin of adulterating the Deen of Allah Ta’ala as the warning has been sounded in the Hadith of Rasulullah (Sallallahu Alayhi Wasallam):

عن أبى هريرة رضي الله عنه قال قال رسول الله صلى الله عليه و سلم: من أفتى بغير علم كان إثمه على من أفتاه

(رواه أبو داود – مشكاة ص 35)

 Translation: Hazrat Abu Hurairah (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alayhi Wasallam) said: If a person incapable of issuing verdicts in Deen issued a verdict, he will bear the sin (consequence) of the incorrect verdict he issued.

مشكاة المصابيح : ص 54 : و عن جابر قال خرجنا في سفر فأصاب رجلا منا حجر فشجه في رأسه فاحتلم فسأل أصحابه هل تجدون لي رخصة في التيمم قالوا ما نجد لك رخصة و أنت تقدر على الماء فاغتسل فمات فلما قدمنا على النبي صلى الله عليه وسلم أُخبر بذلك قال قتلوه قتلهم الله ألا سألوا إذا لم يعلموا فإنما شفاء العي السوال إنما كان يكفيه أن يتيمم و يعصب على جرحه خرقة ثم يمسح عليها و يغسل سائر جسده . رواه أبو داود

 

Jaabir (Radiyallahu Anhu) reports that they were once on a journey when a person amongst them was struck by a rock and suffered severe head injuries. He then experienced a wet-dream (thus requiring ghusl). So he asked some of his companions if there was any concession for performing tayammum. They replied: “There is no concession for you since water is available.” Thus, this Sahaabi took a bath and passed away (as a result of making ghusl). When they returned and Nabi (Sallallahu Alayhi Wasallam) was informed of this, he said: “They killed him, may Allah kill them. Why couldn’t they enquire from those who were knowledgeable when they did not know? The cure of an ailing person (an ignorant person) is to ask. It was sufficient for him to only perform tayammum and bandage his wound. He could have then rubbed his moist hand over it and wash the rest of his body.”

Conversely, those who abide by the verdicts of any of the four A’immah-e-mujtahideen even in a situation where a difference is seen among them, whichever Imaam he follows he will be rightly guided and rewarded. If per chance the Imaam erred in his ruling (in issues where the doors of ijtihaad have been left open) then too it will be approved in the court of Allah Ta’ala. The Hadith of Rasulullah (Sallallahu Alayhi Wasallam) is explicit in this regard:

عن أبي هريرة قال : قال رسول الله صلى الله عليه وسلم إذا حكم الحاكم فاجتهد فأصاب فله أجران وإذا حكم فأخطأ فله أجر واحد

(باب ما جاء في القاضي يصيب ويخطئ 247 سنن الترمذى)

Translation: Hazrat Abu Hurairah (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alayhi Wasallam) said, ‘If a mujtahid employs ijtihaad when issuing a verdict and he reaches the correct conclusion, he will receive a double reward. And if he employs ijtihaad and errs, he will receive one reward from Allah Ta’ala.

Furthermore, in certain situations we notice apparent contradictions between the purport of certain Ahadith and certain verses of the Qur’an. In order to reach the correct conclusion, the A’immah-e-mujtahideen employed their faculty of ijtihaad and carried out a thorough analysis before adopting their mazhab. In this regard, the Ahadith had to be examined completely and viewed from diverse angles. The chain of narrators had to be checked and the position of every narrator scrutinized. In short, several aspects had to be thoroughly examined before adopting a particular view in their mazhab.

Hereunder is one apt example from the thousands of examples which illustrates the arduous task the A’immah Mujtahideen had to undergo in the process of establishing their mazaahib and spreading the pristine Sunnah of Rasulullah (Sallallahu Alayhi Wasallam) to the ummah.

 

Is it permissible to make Masah upon ordinary socks?

The verse of the Qur’aan clearly instructs one to wash the feet in wudhu. Allah Ta`ala states:

يا أيها الذين آمنوا إذا قمتم إلى الصلرة فاغسلوا وجوهكم وأيديكم إلى المرافق وامسحوا برؤوسكم وأرجلكم إلى الكعبين

 “Wash your faces and your hands till your elbows, perform masah of your head and wash your feet up to your ankles.”

However, when one studies the Hadeeth he comes across the Hadeeth of Mugheerah bin Shu`bah (Radiyallahu Anhu) which implies the permissibility of making masah on one’s socks.

The Hadeeth reported by Mugheerah bin Shu`bah (Radiyallahu Anhu) reads as follows:

عن سفيان عن أبي قيس عن هزيل بن شرحبيل عن المغيرة بن شعبة قال : توضأ النبي صلى الله عليه وسلم ومسح على الجوربين والنعلين

 Sufyaan Thauri reports from Abu Qais Al-Awdi, who reports from Huzail bin Shurahbeel who reports from Mugheerah bin Shu`bah that Nabi (Sallallahu Alayhi Wasallam) performed Wudhu and made masah on his jowrabain (socks) and shoes.

Some people in an effort to reconcile between the Qur’aan and Hadeeth opine that the purport of the Qur’aanic verse refers to the time when one is not wearing socks and the purport of the Hadeeth refers to the time when one is wearing socks. Hence, in this way there no longer exists any contradiction between the Qur’aan and Hadeeth. However, this reconciliation based on pure logic and reasoning is unacceptable due to the following two reasons:

1. This Hadeeth is ruled as weak according the experts of Hadeeth.

2. The purport of this Hadeeth opposes the command of the Qur’aan.

Statements of the experts of Hadeeth regarding the weakness of this Hadeeth

1. Imaam Baihaqi (Rahmatullahi Alayh) has classified this Hadeeth as weak. He states: “This is a weak narration (munkar). The likes of Imaam Sufyaan Thauri, Imaam `Abdur Rahmaan bin Mahdi, Imaam Ahmad bin Hambal (Rahimahumullah) and an entire group of leading expert Muhadditheen have all unanimously rejected the authenticity of this Hadeeth.” (Hidaayat-ur-Ruwaat 1/264)

2. Similarly, Imaam Nawawi (Rahmatullahi Alayh) states: “Each luminary from amongst these luminaries of Ahaadeeth (all those who had classified this Hadeeth as weak) if weighed or measured individually, (let alone being weighed collectively) will undoubtedly outweigh Imaam Tirmizi who rules this Hadeeth as authentic.” (Al-Binaayah, 1/427)

3. Hafiz Ibnu Hajar (Rahmatullahi Alayh) states that Imaam Bukhari (Rahmatullahi Alayh) brought the Hadeeth of making masah on leather socks and omitted the Hadeeth that permits making masah upon ordinary socks on account of the weakness in the chain of narrators. (This could be understood from Ibnu Hajar’s statement in An-Nukat-uz-Ziraaf. [Tuhfat-ul-Ashraaf, 8/493] )

This Hadeeth opposes the command of the Qur’aan

Acting upon the Hadeeth opposes the generality of the verse of the Qur’aan. The verse explicitly commands that the feet be washed under all circumstances, whether one is wearing socks or not. By acting upon the Hadeeth one will necessarily leave out practising upon the Qur’aan. Hence, we understand that acting upon any one of the both (Qur’aan and Hadeeth) will necessitate leaving out the other.

In view of the above, the great scholar, Abu Bakr Al-Jassas (Rahmatullahi Alayh) is reported to have said, “We cannot practise upon the Ahaadeeth which establish the permissibility of making masah upon general socks independently since it is opposing the verse of the Qur’aan.” (Ahkaam-ul-Qur’aan, 2/440)

Imaam Muslim (Rahmatullahi Alayh) is reported to have said: “We are not prepared to forsake the Qur’aan on account of the weak Hadeeth of Abu Qais and Huzail (who narrate the Hadeeth of masah on socks).” (As-Sunan-ul-Kubra lil-Baihaqi, 1/284)

Note: Besides the abovementioned Hadeeth (which proves masah on ordinary socks), all the Marfoo` Ahaadeeth in the chapter of masah upon socks have been ruled as weak on account of the same two reasons:

1.         Due to the narrators of these Ahaadeeth being criticised.

2.         These Ahaadeeth oppose the command of the Qur’aan.

Why is it then permissible to make masah upon khuffain?

From the above we conclude that the Ahaadeeth which permit masah upon the jowrabain are weak and cannot form a basis for establishing the validity of masah upon the general socks. As far as the Ahaadeeth that prove permissibility of masah on khuffain are concerned, then they have reached the rank of tawaatur.

Hafiz Ibnu Hajar (Rahmatullahi Alayh) states in Fath-ul-Baari (1/366): “The experts of Hadeeth have confirmed that the narrations which establish the permissibility of masah on the khuffain have reached the level of tawaatur.” Hafiz Ibnu Hajar (Rahmatullahi Alayh) further explains that some Muhadditheen (experts in Hadeeth) listed eighty Sahaabah (Radiyallahu Anhum) who transmitted Ahaadeeth in connection with masah of the khuffain. Included among these eighty Sahaabah (Radiyallahu Anhum) were the `Asharah Mubashsharah [1] as well.

The son of Imaam Abu Haatim (Rahmatullahi Alayh) explained that there are forty one Ahaadeeth reported in support of the khuffain.

Hafiz Ibnu `Abdil Barr (Rahmatullahi Alayh) has documented in his famous book Al-Istizkaar that approximately forty Sahaabah (Radiyallahu Anhum) reported Ahaadeeth with regards to masah on the khuffain.

Allaamah Ibnul Munzir (Rahmatullahi Alayh) quotes Imaam Hasan Basri (Rahmatullahi Alayh) as having said: “Seventy companions of Rasulullah (Sallallahu Alayhi Wasallam) personally narrated to me that Rasulullah (Sallallahu Alayhi Wasallam)  performed masah upon his khuffain.” (Talkhees-ul-Habeer, 1/158)

Imaam Abu Hanifah (Rahmatullahi Alayh) is reported to have said: “I did not hasten in passing a judgement that masah on the khuffain is permissible (due to it outwardly opposing the Qur’aanic injunction) until the overwhelming narrations proving its validity became manifest to me like daylight.” He also said: “I fear that the one who rejects the permissibility of masah on the khuffain could be out of the fold of Islaam.” (Due to the numerous Ahaadeeth which establish its permissibility having reached the level of tawaatur) (Al-Bahr-ur-Raaiq, 1/288)

The authority, Imaam Jassaas (Rahmatullahi Alayh) encapsulates this discussion in Ahkaam-ul-Qur’aan. He writes: “The actual basis is that the injunction in the Aayah of wudhu is of washing the feet. This is proven (by Nass-e-Qat`ee). [2] If it were not for the Ahaadeeth-e-Mutawaatirah (overwhelming authentic narrations) narrated from Rasulullah (Sallallahu Alayhi Wasallam) regarding masah `alal khuffain, we would not have permitted it. Since authentic Ahaadeeth (of mutawaatir category) have been narrated in this regard, we used it as a proof to establish the permissibility of masah on khuffain. As for the Ahaadeeth pertaining to masah on the jowrabain (ordinary socks), we abandoned them due to (it opposing) the injunction of the verse of the Qur’aan (which commands the washing of the feet), since these Ahaadeeth did not reach the rank of mutawaatir. Thus, the Qur’aanic injunction of washing the feet was upheld and masah on jowrabain (socks) was not permitted.” (Ahkaam-ul-Qur’aan, 2/440)

The Mazhab of the four Imaams

As we have understood from the above that since masah upon the khuffain is established through Ahaadeeth-e-Mutawaatirah, it will be equal in status to the verse of the Qur’aan (and its injunction). Hence, the A’immah-e-Arba`ah in order to reconcile between the Qur’aan Shareef and the Sunnah, regarded the enactment of the Qur’aanic injunction of washing the feet as obligatory in the condition where the feet are not covered by any footwear. As for the condition where the feet are covered by the kuffain, they declared performing masah upon the khuffain as permissible, acting upon the dictates of the Ahaadeeth-e-Mutawaatirah which establish permissibility of masah upon the khuffain. However, due to the Ahaadeeth of jowrabain (socks) not reaching the level of tawaatur, they are unable to establish independent validity and permission. If masah on jowrabain (socks) is regarded as permissible despite the Ahaadeeth not reaching the level of tawaatur, it will result in us abandoning the Qur’aanic injunction of washing the feet. Nevertheless, the A’immah-e-Arba`ah did not entirely disregard the Ahaadeeth of jowrabain (socks), as is the misconception of the Ahle-Hadeeth. Instead, they practised upon it with certain conditions.

The conditions of the four Imaams for the validity of masah upon socks

The Hanafi Mazhab

According to Imaam Abu Hanifah (Rahmatullahi Alayh) and his illustrious students Imaam Abu Yusuf (Rahmatullahi Alayh) and Imaam Muhammad (Rahmatullahi Alayh), masah is only permissible on non-leather socks if they are thakheen (thick/durable). This is the gist of the Hanafi Mazhab. (Sharhu Ma`aanil-Aathaar, 1/77, Hidaayah, 1/61)

What is meant by Thakheen (durable)?

Thakheen are such thick socks which have all the attributes of leather. (They are not the normal processed and refined socks such as nylon and cotton socks available nowadays.) The validity of masah on thakheen is dependent on the following conditions:

1.         It is possible to walk in such socks for more than three miles without them tearing. (N.B. The walking is without wearing shoes.)

2.         They must be of a non-porous nature.

3.         They must remain firm on the foreleg without being tied with laces, elastic, etc. (They should not slip down as ordinary socks do.) (Ghunyat-ul-Mustamli – (Kabeeri), p. 118 – 119, Haashiyat-ut-Tahtaawi `ala Maraaqil-Falaah, p. 129, Radd-ul-Muhtaar, 1/439 – 440)

The Shafi`ee Mazhab

According to Imaam Shafi`ee (Rahmatullahi Alayh) , it is necessary that non-leather socks must fulfil the following conditions for masah to be permissible:

1. They must be strong (thick) and durable.

2. Continuous walking is possible in them without it tearing.

3. They must be of a non-porous nature. (Mughnil-Muhtaaj, 1/109, Tuhfat-ul-Muhtaaj, 1/298, Nihaayat-ul-Muhtaaj, 1/204)

The Maaliki Mazhab

The jowrab has to be covered by leather in order for masah to be valid on it. (Haashiyat-ud-Dusooqi `ala Ash-Sharh-il-Kabeer, 1/232, Jawaahir-ul-Ikleel, 1/24)

The great scholar Ibnu `Abdil Barr (Rahmatullahi Alayh) states in his monumental work Al-Istizkaar: “Masah is only permissible on the jowrab (sock) which is mujallad (covered with leather) according to Abu Hanifah (Rahmatullahi Alayh) and Imaam Shafi`ee (Rahmatullahi Alayh), and this conforms to one of the two views of Imaam Maalik (Rahmatullahi Alayh). The other view of Imaam Maalik (Rahmatullahi Alayh) is that masah is impermissible on the socks despite them being mujallad (covered by leather).”

The Hambali Mazhab

Imaam Ahmad (Rahmatullahi Alayh) states regarding masah on such socks which do not have a (leather) sole: “If a person is able to walk in them and they remain firm on the feet (without anything to fasten them), then in this case performing masah upon them will be permissible.” On another occasion, Imaam Ahmad (Rahmatullahi Alayh) stated: “It is permissible to make masah on socks provided it remains firmly attached to the feet.” In yet another place he (Imaam Ahmad Rahmatullahi Alayh) states: “If a person walks with socks without it slipping off the foreleg and falling to the ankles, then it is permissible to make masah on them, because if they are not firmly attached to the feet and continuously fall, the place of Wudhu will become exposed (rendering the masah invalid).”

Imaam Ahmad (Rahmatullahi Alayh) does not consider it necessary for the socks to be mujallad (entirely covered in leather). However, he does deem it imperative that the socks be of a tough and durable nature where one can continuously walk in them.

Imaam Ahmad (Rahmatullahi Alayh) was once asked regarding the one who performs masah on a sock made from pieces of thin cloth. He (Imaam Ahmad Rahmatullahi Alayh) did not approve of it. He once said: “Masah is impermissible on the socks unless it is thick (tough) and stands upright on the feet without falling, as is the case with the khuff (leather sock). The Sahaabah (Radiyallahu Anhum) only made masah on the socks due to it resembling the khuff in this way that a person would be able to continuously walk in them (without them tearing). And it is impermissible to make masah on pieces of thin cloth.” This has been clearly recorded from Imaam Ahmad (Rahmatullahi Alayh). (Al-Mughni, 1/331-334)

Views of Other Scholars

Apart from the four Imaams of Fiqh, other great scholars were also of the view that masah cannot be performed on ordinary socks. Ibnu Qudaamah (Rahmatullahi Alayh) states: “Abu Hanifah, Maalik, Auzaa`ee, Mujaahid, `Amar bin Deenaar, Hasan bin Muslim and Shafi`ee (Rahimahumullah) are all of the view that masah upon socks is impermissible except if it (socks) is muna`al (has a leather sole), due to the fact that in the case where the socks are not muna`al, continuous walking in them is impossible. Therefore, masah is impermissible as is the case with thin socks.”

Why did the A’immah-e-Arba`ah restrict the permissibility of masah upon socks with certain conditions?

The A’immah-e-Arba`ah exercised extreme precaution in this regard in order to ensure that none of the limits of Shari`ah are transgressed, nor any injunction of Deen (i.e. the laws of the Qur’aan Shareef or the Sunnah) be violated. (Had they – A’immah-e-Arba`ah – given general permission for making masah upon socks based on the few weak Ahaadeeth, they would have opposed the Qur’aan.) As a result of this precaution, they had restricted the validity of masah upon socks with certain conditions. Once these conditions are met, it will qualify the socks to enter within the purview of the khuffain. And since permission is granted for the khuffain, permission will also be granted for these socks which resemble the khuffain. In this manner, independent permission is not granted for making masah on the socks. This was considered necessary in order to avoid any contradiction with the injunction of the Qur’aan Shareef in relation to washing the feet and at the same time not abandoning the Ahaadeeth of Rasulullah (Sallallahu Alayhi Wasallam) which are reported regarding masah upon jowrabain (socks).

List of Sahaabah (Radiyallahu Anhum) who performed masah upon their socks:

It is authentically proven that Sahaabah (Radiyallahu Anhum) used to make masah upon their socks. Shaikh Jamaal-ud-Deen Al-Qaasimi listed sixteen Sahaabah (Radiyallahu Anhum) who used to perform masah upon their socks. Allaamah Ibnul Munzir (Rahmatullahi Alayh) mentioned the names of nine Sahaabah (Radiyallahu Anhum) who are known to have performed masah on their socks.

They were:

1.         Hazrat Abu Mas`ood Al-Ansaari (Radiyallahu Anhu)

2.         Hazrat `Ali (Radiyallahu Anhu)

3.         Hazrat Anas (Radiyallahu Anhu)

4.         Hazrat Baraa bin `Aazib (Radiyallahu Anhu)

5.         Hazrat `Uqbah bin `Amr (Radiyallahu Anhu)

6.         Hazrat Ibnu Mas`ood (Radiyallahu Anhu)

7.         Hazrat Ibnu `Umar (Radiyallahu Anhu)

8.         Hazrat `Ammar (Radiyallahu Anhu)

9.         Hazrat Bilaal (Radiyallahu Anhu)

We do not doubt or dispute the authority of the aforementioned Sahaabah (Radiyallahu Anhum), for most certainly we believe that every Sahaabi was a beacon of guidance for the entire ummah of Rasulullah (Sallallahu Alayhi Wasallam). Moreover, apart from these few Aathaar (reports), other reports are also recorded in the books of Hadeeth, some of which are classified authentic and some unauthentic according to the terminology of the Muhadditheen. However, it is vitally important for us to comprehend that the mere mention of any Sahaabi’s performing masah on his socks will not afford us the permission nor warrant us the license to execute that action until it is absolutely certain that our action is in total compliance and conformity with what they did in reality.

The verdict of the renowned Ahle-Hadeeth Allaamah Shams-ul-Haq Azeemabadi

The reality is that various types of socks existed during the era of the Sahaabah (Radiyallahu Anhum). Furthermore, the exact and complete description of the socks upon which they used to perform masah has not been reported in any narration. Thus, for one to deduce permissibility from such reports is indeed incorrect. The renowned Ahle-Hadeeth Allaamah Shams-ul-Haq Azeemabadi states: “There are many types of socks (available nowadays). Some types are produced from hides of animals, some from the wool of sheep and similarly some are made from cotton. Moreover, the connotation of the word “socks” equally holds true on each type of socks present today. We are all well aware that the concession of performing masah (upon the socks) can only be extended to all these various types of socks after authentically establishing that the jowrabain present today resembles the jowrabain upon which Rasulullah (Sallallahu Alayhi Wasallam) or the Sahaabah y performed masah.” (But since this cannot be proven, how can general concession ever be issued?)

Upon which socks did the Sahaabah (Radiyallahu Anhum) make masah on?

The A’immah-e-Arba`ah – the four Imaams of fiqh (may Allah Ta`ala reward them on behalf of the ummah) lived in the era closest to Rasulullah (Sallallahu Alayhi Wasallam) and the Sahaabah (Radiyallahu Anhum). They had either met the illustrious Sahaabah (Radiyallahu Anhum) or the students of the Sahaabah (Radiyallahu Anhum). They did not examine the Ahaadeeth (the Sunnah) of Rasulullah (Sallallahu Alayhi Wasallam) by merely studying the words of the Hadeeth. Rather, they witnessed the practical demonstration and the implementation of the Sunnah in the company of the Sahaabah (Radiyallahu Anhum) and the students of the Sahaabah (Radiyallahu Anhum). For this very reason, we find that Imaam Ahmad bin Hambal (Rahmatullahi Alayh) ruled that the jowrabain (socks) must be of such durable material that one is able to continuously walk in them (without wearing shoes). Imaam Ahmad (Rahmatullahi Alayh) further explained that it is upon this type of jowrabain (which conformed to the above mentioned conditions) that the Sahaabah (Radiyallahu Anhum) performed masah upon, as it closely resembled the khuffain.

After studying this example of masah on jowrabain (socks), one will undoubtedly realise that deducing Ahkaam from the Qur’aan and Hadeeth is no simple task. It is extremely challenging and poses a lot of dangers for the one who is incapable but still adopts this path. Thus, the safest path for one to adopt would be to ascribe to the verdicts of one of the four Imaams since they were the ones who were divinely endowed with the capability of undertaking such a daunting task.

Conclusion

While Salaah is the “key to Jannah”, wudhu is the “key to Salaah”. Without wudhu a person cannot fulfil this great obligation. Allah Ta`ala has clearly declared in the Qur’aan Shareef: “O you who believe! When you stand towards Salaah, wash your faces and your hands up to your elbows, make masah of your heads, and wash your feet up to the ankles.” From this verse we understand that washing the feet is among the four  faraa’idh. The one who does not wash his feet has omitted a Fardh of wudhu. Hence, there is no wudhu for such a person.

How unfortunate will it be for a person who continuously performed wudhu and made masah upon his ordinary socks and performed Salaah throughout his life? What will he do when he appears before Allah Ta`ala on the Day of Judgement and does not find any Salaah in his book of deeds on account of his wudhu (which is the condition for the acceptance of his Salaah) being incomplete.

The overwhelming majority of scholars in every era, including the four great Imaams of fiqh, Imaam Bukhaari, Imaam Muslim, numerous other expert Muhadditheen as well as the likes of Allaamah Shams-ul-Haq Azeemabadi and Shaikh ‘Abdur-Rahman Mubaarakpuri (two of the most senior Ahle-Hadeeth scholars of the last century) have all clearly prohibited masah on ordinary socks such as cotton etc.

For thirteen hundred years the entire ummah was unanimous upon the impermissibility of masah upon non-leather socks. It was only in the fourteenth century that this new trend was introduced.

Note: The above is a summary of the detailed treatise which fully explains the position of the Ahaadith of Masah upon socks titled “Masah on socks”.

Those who wish to view the position of these Ahaadith together with the verdict of the scholars of Hadith should refer to the original treatise which could be downloaded from HERE.


[1] Asharah Mubashsharah were those ten selected Sahaabah (Radiyallahu Anhum) who were collectively granted the glad tidings of their entry into paradise by Rasulullah (Sallallahu Alayhi Wasallam) in one gathering.

[2] Nass-e-Qat’i is an explicit textual proof established from a Qur’anic verse or a Mutawaatir Hadith.

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The Fifth Problem that will Arise by Referring Directly to the Qur’an and Hadith https://ihyaauddeen.co.za/?p=385 https://ihyaauddeen.co.za/?p=385#respond Wed, 16 Mar 2011 15:01:02 +0000 http://ihyaauddeen.co.za/?p=385 The fifth problem is that at times due to not confining oneself to one mazhab, a person will commit the serious crime of contradicting the consensus of the Sahaabah (Radiyallahu Anhum) and the entire Ummah of Rasulullah (Sallallahu Alayhi Wasallam). The Qur’anic injunctions, as well as the Ahaadith are explicit with regards to the severity of such an act. Allah Ta’ala declares:

Surah Nisa 4:115

Whoever opposes the Rasul (Sallallahu Alayhi Wasallam) after the guidance was manifest to him and he follows a path other than that of the believers then We shall leave him in the path he has chosen and We will enter him into Jahannum. What an evil abode! (Surah Nisa 4:115)

In one hadeeth, Nabi (Sallallahu Alayhi Wasallam) has stated:

من شذ شذ في النار

Whoever adopts an independent path will also be alone in Jahannum. (Mustadrak Hakim 1/115)

In yet another hadeeth, Nabi (Sallallahu Alayhi Wasallam) has said:

لا يجمع الله أمتي على ضلالة

Allah Ta`ala will not cause my Ummah to not converge on misguidance. (Mustadrak Hakim 1/115)

An example to illustrate the above mentioned aspect is the question of three Talaaqs issued all at once. Recently several incidents of this nature occurred, where a person issued his wife with three talaaqs in one sitting. Upon realising his error he wished to make up. However, the Ulama explained to him that his nikaah with his wife has terminated. Hence, until the Shar’ee condition of Halaalah does not happen, it is completely prohibited for him to continue living with the woman. The man was also informed that if they continued to live with each other, they would be living a life of zina. This person went around (in an earnest endeavour to save himself from the disgrace and embarrassment of society) asking whether any mazhab offers a solution to the present situation. He was repeatedly informed that there is consensus amongst all the four mazhabs as well as the entire ummah from the time of the Sahaabah (Radiyallahu Anhum) upon this issue. This consensus continued for seven centuries till the time of Ibnu Taimiyyah, who was responsible for breaking the consensus. This person, desperate to save his integrity and extricate himself from the embarrassment, said: “I will accept this verdict and go by it.”

Hence, the one who opts to follow an isolated view which was initiated many centuries after the era of the Sahaabah (Radiyallahu Anhum) (e.g. the question of three talaaqs being considered as one talaaq or that taraaweeh is only eight rakaats and not twenty rakaats) is implying by way of inference that the entire ummah including the illustrious Sahaabah of Rasulullah (Sallallahu Alayhi Wasallam) were unaware of the true Deen, or that they were in misguidance – Allah Forbid. Furthermore, one will be opposing the injunction of Rasulullah (Sallallahu Alayhi Wasallam) wherein he said:

(اقتدوا باللذين من بعدي أبي بكر وعمر (رضي الله عنهما

Follow the two who will come after me; Abu Bakr and Umar (Radiyallahu Anhuma). (Tirmizi 2/207)

NB: The mas’ala of three talaaqs being regarded as three is substantiated by the Qur’an, Hadith, Aathaar of Sahaba and Ijmaa’.


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The Third Problem that will Arise by Referring Directly to the Qur’an and Hadith https://ihyaauddeen.co.za/?p=323 https://ihyaauddeen.co.za/?p=323#respond Mon, 28 Feb 2011 14:53:27 +0000 http://ihyaauddeen.co.za/?p=323 The third problem is that some people will come across certain Ahaadith which have been unanimously abrogated (i.e. according to the consensus of the Sahaabah (Radiyallahu Anhum) and the entire ummah), however due to lack of sufficient knowledge regarding the historical background of the law, they will begin practising upon it.

Consider the Hadith which permits the practice of mut’ah [1]. Undoubtedly, for a limited time the Sahaabah (Radiyallahu Anhum) were allowed to practise mut’ah in the noble era of Rasulullah (Sallallahu Alayhi Wasallam) during jihaad. However, this permissibility was later on abrogated by the law of prohibition. If anyone independently studies the classical works of the Muhadditheen, viz. Saheeh Bukhaari, Saheeh Muslim as well as other compilations of Hadith, he will conclude that it is permissible for one to practise mut’ah, since the Hadith which mentions its permissibility is recorded in these books.

The following narration appears in Saheeh Muslim 1/450:

عن جابر بن عبد الله و سلمة بن الأكوع قالا خرج علينا منادي رسول الله – صلى الله عليه وسلم – فقال : إن رسول الله –صلى الله عليه وسلم – قد أذن لكم أن تستمتعوا يعني متعة النساء

Jabir bin Abdullah and Salimah bin Akwa` report: “A person came out to us and announced, ‘Indeed Rasulullah (Sallallahu Alayhi Wasallam) has granted you permission to engage in mut’ah.’”

This Hadith was later on abrogated by many other Ahaadith [2].

From this example we can well imagine the disastrous outcome of those who refer directly to the Qur’an and Hadith. They will eventually end up following abrogated Ahaadith. It should be understood that merely finding a Hadith recorded in Bukhaari or Muslim or any other compilation of Hadith will not allow one to practise upon it. Just as there are certain verses recorded in the Qur’an which are unanimously abrogated [3], similarly there are many authentic Ahaadith contained in the books of Hadith (viz. Saheeh Bukhaari, Saheeh Muslim, etc.) which are also unanimously abrogated. The reason for these Ahaadith being recorded in these books was in order to prove that this law existed in the earlier era of Islam.

Hence, we conclude that any Hadith found in the various books of Hadith will not necessarily qualify it to be practised upon. Instead one will have to verify whether Rasulullah (Sallallahu Alayhi Wasallam) continued practising upon it till the end of his life or prior to the demise of Rasulullah (Sallallahu Alayhi Wasallam) it was abrogated.

 

Combining two Salaahs in one’s Home town without a valid Reason

Consider the law of joining Salaahs under normal circumstances (i.e. without any shar’ee excuse and whilst one is residing in his home town). The Sahaabah (Radiyallahu Anhum) as well as the entire ummah for many centuries of Islam were unanimous that it is impermissible for one under normal circumstances to join Salaahs. The Hadith of Rasulullah (Sallallahu Alayhi Wasallam) recorded in Tirmizi is explicit in this regard:

عن ابن عباس عن النبي – صلى الله عليه وسلم – قال من جمع بين الصلاتين من غير عذر فقد أتى بابا من أبواب الكبائر

Ibnu Abbas (Radiyallahu Anhuma) reports that Nabi (Sallallahu Alayhi Wasallam) said: “Whoever combines two Salaahs without a valid reason has indeed committed a major sin.” (Tirmizi 1/48) [4]

However, we notice that there is another Hadith recorded by Imaam Tirmizi (Rahmatullahi Alayh) under the chapter: “Chapter regarding the combining of two Salaahs” which states:

عن ابن عباس قال : جمع رسول الله صلى الله عليه وسلم بين الظهر والعصر وبين المغرب والعشاء بالمدينة من غير خوف ولا مطر قال فقيل لابن عباس ما أراد بذلك  قال أراد أن لا يحرج أمته

Ibnu Abbas (Radiyallahu Anhuma) stated: “Nabi (Sallallahu Alayhi Wasallam) combined the Zuhr Salaah with the Asr Salaah and the Maghrib Salaah with the Esha Salaah in Madinah Munawwarah without any excuse neither the excuse of fear nor rain.” Ibnu Abbas (Radiyallahu Anhuma) was then questioned : “Why did Nabi (Sallallahu Alayhi Wasallam) do that?” He replied: “He did this so as not to inconvenience his ummah.” (Tirmizi 1/47)

Imaam Tirmizi (Rahmatullahi Alayh) commentating upon this Hadith declares: “This Hadith (the apparent meaning of this Hadith i.e. performing two Salaahs in one time whilst residing in one’s home town) is not practised by anybody. [5]” Hence, we understand that the entire ummah has agreed upon the fact that it is impermissible for one to practise upon the apparent meaning of this Hadith. Yet we find in this present age and time, a group of people who practise upon this abrogated Hadith. So if someone wishes to follow whatever he comes across in the Hadith without examining its true position in Deen, he will certainly end up following abrogated Ahaadith. Such a person will consider himself as having done a great service to Deen. He will regard himself to be a reviver of a ‘dead Sunnah’ which nobody practised upon. However, the sad reality is that such a person has strayed from the straight path by following what the entire ummah, from the time of the Sahaabah (Radiyallahu Anhum), has regarded as abrogated. He has rejected the path followed unanimously by the entire ummah.

Allah Ta’ala declares in the Holy Qur’an:

Surah Nisa 4:115

Whoever opposes the Rasul (Sallallahu Alayhi Wasallam) after the guidance was manifest to him and he follows a path other than that of the believers then We shall leave him in the path he has chosen and We will enter him into Jahannum. What an evil abode! (Surah Nisa 4:115)

At this juncture, it is extremely important that we understand that a discontinued practice no longer remains a Sunnah or part of Deen. Especially in the case where one is aware of the fact that the common practice of the Sahaabah (Radiyallahu Anhum) as well as the entire ummah opposes it. What then gives one the authority to practise upon it? Furthermore, the Hadith of Rasulullah (Sallallahu Alayhi Wasallam) sufficiently elucidates this point.

من شذ شذ في النار

Whoever adopts an independent path will also be alone in Jahannum. (Haakim 1/115)


[1] Mut’ah refers to a temporary marriage that was initially allowed for mujaahids who were out in jihaad and it was later abrogated. A proper nikaah would be performed with the woman in the presence of witnesses and with mahr.

[2] عن إياس بن سلمة عن أبيه قال رخص رسول الله صلى الله عليه وسلم عام أوطاس في المتعة ثلاثا ثم نهي عنها

Iyaas ibnu Salmah reports from his father that Rasulullah (Sallallahu Alyhi Wasallam) permitted the Sahaba (Radiyallahu Anhum) on the year of Awtaas (on the occasion of the conquest of Makkah) to practise mut’ah for three days, thereafter Rasulullah (Sallallahu Alyhi Wasallam) prohibited them forever. (Saheeh Muslim 1/451)

[3] This refers to those verses whose laws have been abrogated and replaced with other laws though the recitation of those verses has not been abrogated. An example of this would be the Ayah regarding jihaad:

Surah Nisaa 4:77

Restrain your hands from jihaad and establish Salaah and discharge zakaat (Surah Nisa 4:77)

This law existed at the beginning of Islam when the Sahaba (Radiyallahu Anhum) were not permitted to wage war against the kuffaar. Later on this law was abrogated with the following verse:

Surah Haj 22:39

Waging war with the kuffar has been permitted for you on account of you being oppressed (Surah Haj 22:39)

[3] قال أبو عيسى وحنش هو أبو على الرحبي وهو حنش بن قيس وهو ضعيف عند اهل الحديث، ضعفه أحمد وغيره

قال محمد : بلغنا عن عمر بن الخطاب أنه كتب في الآفاق ينهاهم أن يجمعوا بين الصلاتين ويخبرهم أن الجمع بين الصلاتين في وقت واحد كبيرة من الكبائر . أخبرنا بذلك الثقات عن العلاء بن الحارث عن مكحول عن ابن عباس : عن النبي–صلى الله عليه وسلم – قال من جمع الصلاتين من غير عذر فقد أتى بابا من أبواب الكبائر ( مؤطا برواية محمد بن الحسن الشيباني، ص 132)

[4] According to the Hanafi mazhab, this Hadith can be practised upon if interpreted in this way that Rasulullah (Sallallahu Alayhi Wasallam) performed both Salaahs together by performing Zuhr in it’s last time and Asr in it’s first time, similarly Maghrib in it’s last time and Esha in it’s first time. In this way both Salaahs would be performed in their respective times.

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The Status of Taqleed https://ihyaauddeen.co.za/?p=226 https://ihyaauddeen.co.za/?p=226#respond Sat, 12 Feb 2011 13:37:56 +0000 http://ihyaauddeen.co.za/?p=226 Q: What is the status of Taqleed (following one of the four Imaams of fiqh) in Deen? e.g. Fardh, Waajib, Sunnah or Mustahab?

A: Following one of the four Imaams of fiqh viz. (Imaam Abu Hanifah, Imaam Maalik, Imaam Shafi’ee and Imaam Ahmad [Rahimahumullah]) is waajibli-ghairihi [1] (compulsory) in Deen. The reason for it receiving the status of wujoob is that without taqleed of the four Imaams, one will not be able to correctly practice upon the entire Deen. Especially in this time and age where we see science and technology at its peak, new inventions and developments have become a norm in current times. In short, the world has evolved to such limits which were never witnessed previously throughout the annals of human history. The progress and advancements of the world in the present era poses a host of challenges before the Ulama’. Thus, we find the masses constantly referring their Deeni matters and problems to the Ulama’ seeking Islamic rulings and guidance due to the unfolding of new events and developments.

Subsequently, in the face of these challenges we find the Ulama’ completely reliant and dependent upon the works of the four Imaams. They refer to the books of these Imaams who were blessed with such foresight and illuminated knowledge that despite living approximately thirteen hundred years ago, yet they were able to produce accurate solutions for situations surfacing centuries later. These answers and solutions they presented were directly sourced out from the Qur’an and the Ahaadith of Rasulullah (Sallallahu Alayhi Wasallam).

We mentioned that Taqleed of the four Imaams is waajib-li-ghairihi. An elucidation of this statement is that though we do not find any explicit injunction neither in the Qur’an nor in the Hadith commanding in specific to make Taqleed of the four Imaams, however the Qur’an instructs us with two injunctions:

1. To follow those who are capable enough to guide us to Allah:

Qur'an: Ayah 57 15Follow the path of those who turn to Me [Allah Ta’ala] (Surah Luqman 31:15)

2. To refrain from following our desires and temptations against the command of Allah:

Qur'an: Surah 38 Ayah 26

Do not follow your desires for that will cause you to go astray (Surah Sawd 38:26)

Keeping the above in mind, we conclude that since it is not possible to find any person in this age and time possessing the capabilities of the four Imaams, it will indefinitely be waajib to follow any one of the four Imaams. Furthermore, apart from the four Imaams we cannot find any Aalim (even Imaam Bukhaari and others) from the Salaf (Ulama’ of the past) whose Mazhab has been entirely recorded like that of the four Imaams.

Hence, if a person wishes to follow any other Mazhab other than that of the four Imaams, it is highly possible that he will incorrectly practise upon the verdict of that specific Imaam due to the necessary details or conditions of his Mazhab not being entirely recorded.

Secondly there is a principle in Shari’ah: مقدمة الواجب واجب i.e. the means which enables one to practise upon an injunction of Shari’ah also receives the status of that injunction. Hence, if an injunction is waajib, the path leading to it will also be regarded as waajib. By the same token if an injunction is fardh, the means enabling one to complete that fardh will also be considered as fardh.

Furthermore, if there is only one possible way or method of fulfilling an injunction of Deen, to a greater extent will that method be waajib, since there is no alternative in fulfilling that injunction.

Let us illustrate this principle through an example. Consider the injunction of Hajj. The obligatory action is that of Hajj. However, Nabi (Sallallahu Alayhi Wasallam) commanded that Hajj is waajib only on that person who possess الزاد و الراحلة (a conveyance and provisions). This command of Rasulullah (Sallallahu Alayhi Wasallam) is applicable to those who live in Makkah Mukarramah and the surrounding areas, for whom travelling upon camel back with a little provisions is possible. As for those who live thousands of miles away from the Holy Lands and require transport by sea or air, Hajj will be waajib subject to them affording a plane ticket or a ship ticket with accommodation. In which Hadith do we find this mentioned? If these people living abroad posses a camel and little provisions as in the case of those residing in Makkah Mukarramah, will we say that Hajj is waajib upon them as well? Obviously not! So we understand from this example that on account of the Hajj being dependant on acquiring a plane ticket, the obligation of Hajj is subject to one being able to afford it. In the absence of this, all the Ulama’ agree that Hajj is not obligatory.

Despite the obligatory action being one and the same for both people but, due to the means of both differing, the cause for its compulsion will differ. It will be impossible for one living abroad to fulfil the injunction of Hajj by depending merely on a camel and meagre provisions.

Similar is the case of taqleed in this age and time. Since this is the only practical solution in order for one to practise on the entire Deen, one will have no choice, but to follow one of these four illustrious Imaams.

In the past, there were many other mujtahideen who were the contemporaries of these A’immah, like Muhammad bin Sireen, Hasan Basri, Sufyaan Thauri etc. who were blessed with the highest levels of intelligence and understanding enabling them to deduce injunctions directly from the Qur’an and Hadith. People would refer to them as well in their Deeni matters, thereby absolving themselves of the need of enquiring from the learned. However, with the passage of time the emergence of people possessing the calibre of knowledge of these illustrious Imaams ceased, thus leaving the Muslims with no choice but to refer to the works of their predecessors. Subsequently, when we search the works produced by these great Imaams, we find that besides the four famous Imaams, very little remains of the works of other Imaams in relation to fiqh. Furthermore, the principles and governing rules that these four Imaams had laid out are such that they cover all situations that arise, whereas, the other Imaams had not compiled such principles. In addition to this, the students of these four Imaams flourished and thereby imparted the teachings and lessons of their Ustaads to the various quarters of the Muslim world. This allowed the fiqh and mazaahib of these four Imaams to become common and widespread amongst the learned and common folk. Accordingly, these four mazaahib and schools of fiqh became the subject matter of study and research and great scholars adopted these mazaahib as their school of fiqh since the deductions of these fuqahaa covered all aspects of life.

When practising one of these four mazaahib is the only way making it possible for us to practise on Deen entirely, following one of the four Mazaahib will thus become compulsory not because following these A’immah is an explicit injunction in Deen, but because there is no other route one can adopt whereby he will be able to practise upon the entire Deen without omitting anything. This is the meaning of waajib-li-ghairihi. (Since following the entire Deen is dependant upon taqleed, it is afforded the status of waajib-li-ghairihi).

When we examine the lives of these four Imaams, the glaring feature that we notice is that they strictly adhered to the mubaarak Sunnah of Rasulullah (Sallallahu Alayhi Wasallam) in every facet of their lives. They could be aptly described with the following words: “They were entirely a personification of the Sunnah of Rasulullah (Sallallahu Alayhi Wasallam) in every walk of life.” If per chance one has to come across any situation where their Mazaahib apparently contradicts certain Ahaadith, he will certainly find sufficient substantiation through other Ahaadith, coupled with accurate reconciliations between the Ahaadith not seemingly practised. Their approach to the Qur’an and Hadith in deducing masaa’il was one strictly governed by principles of Deen. It was certainly not an approach of personal opinion or an approach of ‘pick and choose’, as is witnessed in this day and age. Hence, one can safely reach the conclusion that these four A’immah (whose Mazaahib stood the test of time for approximately thirteen centuries) are worthy of emulation in guiding us to Allah Ta’ala and His Rasul (Sallallahu Alayhi Wasallam).

Thirdly, the sole purpose for Allah Ta’ala creating us and sending us to the world is that we worship Him. Everything else besides His worship (e.g. eating, drinking, transacting, building homes, etc.) is secondary. Since man cannot exist in this world without certain basic requirements (e.g. air, water, food, etc.) Allah Ta’ala has made these requirements easily available to man so that no obstacle remains in the path of him worshipping his creator.

Similarly, we find that in accordance to the urgency of a need, provisions are made. Consider the most vital requirement of human life i.e. air. Man is in need of air every moment of his life. Hence Allah Ta’ala has made this available everywhere. All that one is required to do is to breath. Similar is the case of food, water, etc. We should understand that, when Allah Ta’ala undertook the responsibility to provide for the material needs of man, can we ever imagine Allah Ta’ala not making adequate provisions for the Deeni needs of man? All these worldly arrangements and provisions we see around us are only facilitated in order that man could serve his creator, Allah Ta’ala in ease and comfort. So the object is not food and drink, instead it is the worship of Allah Ta’ala (practising upon Deen). Accordingly, in order to make the purpose of man’s creation possible, Allah Ta’ala allowed great luminaries to be produced in the form of the A’immah-e-mujtahideen. Hence, we notice that for approximately thirteen centuries the Ummah has held on to the mazaahib of these four great A’immah thereby fulfilling the purpose of their creation.

Furthermore, consider if one hundred people in this time and age begin extracting laws from the Qur’an and Hadith, each one presenting to the public his personal viewpoint of a verse with each person reaching different conclusions, will we regard this as a service to Deen or a disservice? Will Allah Ta’ala entrust us to our limited understanding and logic? If one prefers to adopt this method in matters of Deen we can well imagine the detrimental outcome and grave consequences it will create in the Ummat, let alone the confusion and perplexity it will produce in the mind and heart. Thus, the safest and most cautious path to adopt would be to follow one of the four great Imaams of fiqh whose lessons and teachings have been thoroughly scrutinised and researched. In fact, it would not be incorrect to declare that in order for a Muslim to be able to practise Deen entirely it would be waajib for him to align himself to one of the four mazaahib.

May Allah bless each one of us with the true understanding of Deen and the ability to follow in the footsteps of our pious predecessors.


[1] That which is compulsory on account of it being the only medium to fulfilling the Islamic injunction of Deen, though it is not directly established in any of the textual proofs of Deen viz. the Qur’an and Hadith.

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Following one of the Four Imaams of Fiqh https://ihyaauddeen.co.za/?p=289 https://ihyaauddeen.co.za/?p=289#respond Wed, 09 Feb 2011 13:32:00 +0000 http://ihyaauddeen.co.za/?p=289 Q: Can you please present to me the proofs from the Qur’an and Hadith commanding us to follow one of the four Imaams of fiqh?

I believe that we are all followers of Rasulullah (Sallallahu Alayhi Wasallam). Hence Allah Ta’ala obligated us to follow our beloved Rasulullah (Sallallahu Alayhi Wasallam). Rasulullah (Sallallahu Alayhi Wasallam) has said in his Mubarak Hadith: “I leave behind two things; the Qur’an and my Sunnah. As long as you hold firm to these two; you will never go astray.”

From this Hadith, we understand that in solving our Deeni matters, we should directly refer to the Qur’aan and Hadith. Just as Ulama of the past made ijtihaad, why can’t people who have knowledge of Arabic and have studied deen also make ijtihaad today and find solutions in modern day problems through referring directly to the Qur’aan and Hadith? I do understand that if one is non-conversant in the Arabic language and thus unable to extract Shar‘i laws from the Qur’aan and Hadith, then he should refer to an Aalim of Deen. Why do people insist that every person should follow one of the four mazhabs of Fiqh?

A: Allah Ta’ala commands us in the Holy Qur’an to refer our Deeni matters to people of knowledge. Allah Ta’ala says:

Ayah_16_43Ask the people of knowledge if you do not know. (Surah An-Nahl 16:43)

From this verse we conclude that each person is not obligated to refer directly to the Qur’an and Hadith. Rather, he is commanded to refer the matter to a specialist. Furthermore, “consulting a specialist in the field” is not confined to Deeni matters. Instead it is a common principle adhered to in worldly matters as well. A patient, who has to undergo a major heart operation refers to the most qualified and recognised heart surgeon around. Similarly, the victim who has to appear in court on account of alleged treason or suspected murder employs the services of a professional advocate to defend his case. Each of the above (the patient and the victim) understands the seriousness of the situation and the fatal consequences that follow. Thus they hand over the matter to the most capable person. Similarly, we need to understand that in matters of Deen we ought to follow those who will correctly guide us to the straight path.

Allah Ta’ala says:

Qur'an: Ayah 31/15Follow the path of those who turn towards me. (Surah Luqman 31:15)

From this verse we understand that in matters of deen we are obligated to follow the one who will correctly guide us to Allah. If one takes an incapable person as his guide and thus incorrectly practises upon the laws of Shari’ah, will such a person ever be absolved of his obligation in the court of Allah Ta’ala? Definitely not. Rather he will be worthy of punishment for adopting the incorrect procedure in searching for the truth. Let us illustrate this point through few examples from the mubaarak life of Rasulullah (Sallallahu Alayhi Wasallam) and his illustrious Sahaabah (Radiyallahu Anhum).Some of these Ahaadith are:

1. Ali (Radiyallahu Anhu) reports that Nabi (Sallallahu Alayhi Wasallam) had dispatched an army and he appointed an ameer over them. During the course of the journey, the ameer became angry with the army. So, he lit a fire and instructed the Sahaabah to enter it. In substantiation, he quoted the Hadith of Nabi (Sallallahu Alayhi Wasallam) that the ameer of the army must be obeyed. Some were contemplating over entering the fire whilst the others refused. When they reported the matter to Nabi (Sallallahu Alayhi Wasallam), he addressed those who were contemplating entering into the fire: “Had you leaped into the fire, you would have remained in it till the Day of Qiyaamah.” He further said to those who refused to enter the fire: “There is no obedience to the creation when it involves the disobedience of Allah. Obedience is only in good actions.” [1]

2. Imam Sha’bi reports that Hazrat Adi ibn Hatim (Radiyallahu Anhu) related to me that when the following Aayah was revealed:

Ayah_2_187Eat and drink until the white thread of dawn appear to you distinct from its black thread. (Surah Baqara 2/187)

I took two pieces of threads (one thread was black and the other white). I then placed both the treads beneath my pillow. I stared at the threads for a long time expecting to see the white thread becoming more clear and visible from the black thread so that I may then abstain from eating. However, the entire night passed and in the morning I came to Nabi (Sallallahu Alayhi Wasallam) and I had expressed what I had understood from the verse and what I had done during the night. Nabi (Sallallahu Alayhi Wasallam) smiled and remarked if the meaning of the verse is as you have understood, then your pillow is indeed very wide. For indeed the white and black threads implied in the verse refers to the brightness of the day and the darkness of the night.[2] [3]

3. Jaabir (Radiyallahu Anhu) reports that they were once on a journey when a person amongst them was struck by a rock and suffered severe head injuries. He then experienced a wet-dream (thus requiring ghusl). So he asked some of his companions if there was any concession for performing tayammum. They replied: “There is no concession for you since water is available.” Thus, this sahaabi took a bath and passed away (as a result of making ghusl). When they returned and Nabi (Sallallahu Alayhi Wasallam) was informed of this, he said: “They killed him, may Allah kill them. Why couldn’t they enquire from those who were knowledgeable when they did not know? The cure of an ailing person (an ignorant person) is to ask. It was sufficient for him to only perform tayammum and bandage his wound. He could have then rubbed his moist hand over it and wash the rest of his body.” [4]

In the above events we notice that all the persons involved were the Sahaabah of Rasulullah (Sallallahu Alayhi Wasallam) (the first recipients of the Qur’an). Undoubtedly, they were conversant in the Arabic language and referred to the Qur’an. Furthermore they were more knowledgeable than anyone of us present today. How was it that Rasulullah (Sallallahu Alayhi Wasallam) disapproved of what they had done and in certain cases (as witnessed above) he even reproached them severely?

However, there seems to be an outward inconsistency between these above mentioned incidents and similar incidents where Rasulullah (Sallallahu Alayhi Wasallam) approved the actions of certain Sahaabah, though they erred in their judgement. Consider the incident of Bani Quraizah:

On the occasion of Khandaq, Nabi (Sallallahu Alayhi Wasallam) dispatched the Sahaabah to go to Bani Quraizah. Nabi (Sallallahu Alayhi Wasallam’s) explicit command to this group of Sahaabah was that they should perform their Asr Salaah at Bani Quraizah. The Sahaba were en-route when the time of Asr was about to expire. A difference of opinion occurred between the Sahaabah with regards to the performance of the Asr Salaah. One group felt that the Asr Salaah should not be delayed rather it should be performed en-route prior to the time expiring. They understood the instruction of Rasulullah (Sallallahu Alayhi Wasallam) “none of you should perform his salaah except in Bani Quraizah” to mean that hasten so that you may reach Bani Quraizah at the time of Asr. Hence the Asr Salaah should not be made Qadha. On the other hand the second group of Sahaabah held the opinion that the Asr Salaah should be performed at Bani Quraizah even though the Salaah is made Qadaa as this was complying with the explicit command of Rasulullah (Sallallahu Alayhi Wasallam). When Nabi (Sallallahu Alayhi Wasallam) was later informed of the difference between the Sahaabah, he approved the actions of both groups.

The answer to this inconsistency is that there were mujtahideen amongst the two groups of Sahaabah. Further, it is permissible for a mujtahid to employ his ijtihaad in reaching a conclusion. This answer can be understood from the Hadith of Rasulullah (Sallallahu Alayhi Wasallam):

عن أبي هريرة رضي الله عنه قال قال رسول الله صلى الله عليه و سلم إذا حكم الحاكم فاجتهد فأصاب فله أجران وإذا حكم فأخطأ فله أجر واحد – ترمذي 1/247

Hadhrat Abu Hurairah (Radiyallahu Anhu) has mentioned that Rasulullah (Sallallahu Alayhi Wasallam) said: “When a haakim (Mujtahid) issues a correct verdict using his discretion he shall receive two rewards and if he errs he shall receive one reward.”

From this Hadith we learn that the right of making ijtihaad is reserved for a mujtahid. Other than a mujtahid, any person who interferes in the matters of Deen and reaches an erroneous conclusion will be sinful on account of taking the law into his own hands. But on the other hand, if a person refers the matter to a mujtahid (one possessing the highest levels of understanding and capability) and he errs in his judgment, both will be absolved in the court of Allah Ta’ala based on the above Hadith. So we conclude that this Hadith and the Hadith of Bani Quraizah are with reference to a mujtahid, not an ordinary muqallid. At this juncture the question that arises is that ‘who will then qualify as a mujtahid’? Before explaining who is a mujtahid, it is imperative for us to comprehend the different levels and classes of people in regard to potentials and capabilities so that we will understand the exalted position of a mujtahid in Shari’ah.

There are basically three classes of people in Deen in regard to the knowledge of Deen.

The first class of people are those who posses very little knowledge of Shari’ah. (e.g. Apas in the maktabs or Huffaaz who have memorised the Qur’an without studying its meaning). This category’s obligation is to impart what they have learnt of the basic fundamentals of Deen. Nabi (Sallallahu Alayhi Wasallam) has said:

بلغوا عني ولو آية

Convey from me even if it be one aayah.

Since this class of believers have not acquired sufficient Deeni knowledge to guide others in all branches of Deen, it is impermissible for them to issue fatwas and verdicts of Shari’ah. Furthermore, since the knowledge of Deen which they are imparting is confined and restricted, there is no possibility of any addition from their side. Thus there is no fear of any change or distortion coming to Deen. However, in the more intricate matters of Shari’ah they should refer to those above them who are more qualified.

The second class of people is those who have pursued Deeni knowledge in Madrasahs and universities under qualified expert scholars. This class of people after qualifying as Ulama’, are in the position to issue Islamic verdicts. It should be borne in mind that this class of people though far senior than the first class, however their capabilities and potentials are limited and are far lower than the potential of the third class. The most that can be said about this class is that they have acquired the ability to access the meanings of the Qur’an and Hadith and convey to the Ummat the message of both (Qur’an and Hadith). This is applicable to the Ulama’ of this era. As for the Ulama of the past, there were people amongst them who possessed great treasures of knowledge e.g. Imam Tahawi, Hafiz Ibn Hajar Asqalani, Allamah Nawawi etc. However, despite them having such vast knowledge, when it came to extracting the hidden meanings of the aayaat and Ahaadith they admitted their incapability and saw the need of following the A’immah-e-mujtahideen. Nabi (Sallallahu Alayhi Wasallam) said:

رب حامل فقه إلى من هو أفقه منه

There are many who disseminate fiqh to those more learned than them,

رب حامل فقه دون فقيه

There are many who possess the knowledge of fiqh though they do not have the expertise in fiqh.

From these Ahaadith we understand that a person possessing a lot of fiqh does not necessarily mean that he will be able to access the hidden meanings contained therein. Hence when it comes to the aspect of extracting laws and deducing masaa’il or finding amicable solutions for newly developed situations of contemporary issues, they are incapable of this great mammoth task and are highly dependent upon the knowledge of the third class.

The third class of people is that of the Mujtahideen. Their level of intelligence and understanding allowed them to deduce and source out numerous masaa’il directly from the Qur’an and Hadith. To give us a glimpse of the calibre of the third class, the statement of Imaam Ahmad bin Hambal (Rahmatullahi Alayh) is quite sufficient.

A man once asked Imaam Ahmad: “If a person memorises 100 000 Ahaadeeth, can he qualify as a faqeeh (jurist)?” He replied: “No.” The person asked: “What about 200 000?” The Imaam once again replied: “No.” Again the man said: “Then 300 000?” The imaam replied in the negative once more. The man said: “And 400 000?” This time he shook his palm, indicating that probably now he may be a faqih, fit enough to pass a fatwa on his own accord.

We thus conclude that the right to directly deduce and extract masaa’il from the Qur’an and Hadith is reserved and exclusive for the Mujtahideen. As for those lower than them in knowledge and understanding, and the laymen, it is incumbent that they follow the deductions of these Mujtahideen.


[1] صحيح البخاري : 2 / 1077 : عن علي أن النبي صلى الله عليه وسلم بعث جيشا و أمّر عليهم رجلا فأوقد نارا فقال ادخلوها فأرادوا أن يدخلوها فقال آخرون إنما فررنا منها فذكروا للنبي (صلى الله عليه وسلم) فقال للذين أرادوا أن يدخلوها لو دخلوها لم يزالوا فيها إلى يوم القيامة و قال للآخرين لا طاعة في معصية الله إنما الطاعة في المعروف.

[2] تفسير ابن كثير – سورة بقرة – 1/237: وقال الإمام أحمد حدثنا هشيم أخبرنا حصين عن الشعبي أخبرني عدي بن حاتم قال لما نزلت هذه الآية وكلوا واشربوا حتى يتبين لكم الخيط الأبيض من الخيط الأسود عمدت إلى عقالين أحدهما أسود والآخر أبيض قال فجعلتهما تحت وسادتي قال فجعلت أنظر إليهما فلا تبين لي الأسود من الأبيض، ولا الأبيض من الأسود، فلما أصبحت غدوت على رسول الله صلى الله عليه وسلم فأخبرته بالذي صنعت فقال إن وسادك إذا لعريض إنما ذلك بياض النهار وسواد الليل.

[3] سنن أبي داود : ص 321 : عن عدي بن حاتم قال لما نزلت هذه الآية : “حَتّٰی یَتَبَیَّنَ لَكُمُ الْخَیۡطُ الۡاَبْیَضُ مِنَ الْخَیۡطِ الۡاَسْوَدِ” قال أخذت عقالا أبيض و عقالا أسود فوضعتهما تحت وسادتي فنظرت فلم أتبين فذكرت ذلك لرسول الله صلى الله عليه وسلم فقال إن وسادتك إذا لطويل عريض إنما هو الليل و النهار.

[4] مشكاة المصابيح : ص 54 : و عن جابر قال خرجنا في سفر فأصاب رجلا منا حجر فشحه في رأسه فاحتلم فسأل أصحابه هل تجدون لي رخصة في التيمم قالوا ما نجد لك رخصة و أنت تقدر على الماء فاغتسل فمات فلما قدمنا على النبي صلى الله عليه وسلم أُخبر بذلك قال قتلوه قتلهم الله ألا سألوا إذا لم يعلموا فإنما شفاء العي السوال إنما كان يكفيه أن يتيمم و يعصب على جرحه خرقة ثم يمسح عليها و يغسل سائر جسده . رواه أبو داود

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Are there any Mujtahids in this day and age? https://ihyaauddeen.co.za/?p=284 https://ihyaauddeen.co.za/?p=284#respond Sat, 05 Feb 2011 13:43:45 +0000 http://ihyaauddeen.co.za/?p=284 Allamah Shihab Ar-Ramli (Rahmatullahi Alayh) (957 A.H.) states: “The person who has a true understanding of what ijtihaad actually means would feel ashamed before Allah from attributing it to anyone of this day and age. In fact, Ibnus-Salah (643 A.H.) and his followers stated that it had become extinct three hundred years ago. Ibnus-Salah himself passed away three hundred years ago, hence, it had become extinct about six hundred years ago.”

Allamah Munawi (Rahmatullahi Alayh) (1031 A.H.) says: The Alim of the Syrian region, Imam Ibn Abid-Dam (642 A.H.) writes after mentioning all the conditions of ijtihad: “It is hardly possible to find these conditions in any scholar of our age. Instead, there is no Mujtahid-e-mutlaq on the surface of the earth today.”

During the tenth century of Islam, Imam Suyuti (Rahmatullahi Alayh), (911 A.H.) claimed to have reached the level of ijtihad. Allamah Shihab Ibn Hajar Haitami (Rahmatullahi Alayh) (974 A.H.) says: “When Imam Jalaluddin Suyuti claimed ijtihaad, all his contemporaries confronted him. They presented a questionnaire to him about some issues. Therein, they stated two possible answers to each question, and said: “If you have even reached the lowest degree of ijtihad, which is ijtihad in fatwa, then you should stipulate the preferred view, substantiated with proof, in conformance with the maxims laid down by the Mujtahideen.

However, he returned their questionnaire without any answer, excusing himself that he was too busy, and was therefore unable to look into those questions.” [1]

Moulana Ashraf Ali Thanwi (Rahmatullahi Alayh) writes in this regard: “The rejecters of taqleed object by saying: “Did the Hanafis (or muqallids) receive wahy (revelation) that ijtihad has come to an end?” However, they do not understand that it is a divine principle that the means of fulfilling every need comes into existence at the time when that necessity occurs. Rainy seasons generally occur during the months of need for rain, which vary according to the different regions. Winds also blow at times of need. Where temperatures become intensely low, animals have thicker wool; and there are countless such examples. Likewise, when there was a need for the recording of Hadith, Allah created people with phenomenal memories. Such memories are nowhere to be found today. The rejecters of the four mazaahib also, who sing slogans of following Hadith, are not able to bring forth one individual who has memorized even Sahih Al-Bukhari and Sahih Muslim with their chains of narrations, as was done by the illustrious authors of these blessed books.

“In the same way, when the need arose to document the shari’ah, Allah granted many people grand talents and capabilities in fiqh and ijtihad. Now that Deen has been recorded, and its laws and fundamentals outlined, this need no longer exists. Yes, to the extent of need, some ability of ijtihad is still to be found, whereby rulings for contemporary issues are deduced, through the medium of the principles laid down by the Mujtahidin. [2]


[1]مقدمة فيض القدير ص16

[2]Who are the blind followers Pg. 50 (An excerpt from Ashraful Jawaab)

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Why are there only four Mazhabs? https://ihyaauddeen.co.za/?p=254 https://ihyaauddeen.co.za/?p=254#respond Fri, 04 Feb 2011 21:17:22 +0000 http://ihyaauddeen.co.za/?p=254 Many great Ulama’ of the past have clearly affirmed that taqleed has become confined to only one of the four mazhabs. In this regard ‘Allamah ‘Abdurrahman Ibn Muhammad Al-Maghribi (808 A.H) writes: “… Taqleed became confined to these four Imams in all the cities of the Muslim world. All the followers of other Imaams gradually became extinct. Thus, when the terminologies of the various sciences became wide-spread in the earth, the scholars closed the doors of differences (and confined taqleed to one of the four Imaams) as they feared that someone unworthy would begin claiming ijtihad. Hence they (the scholars) stated: “The ability to reach the rank of a mujtahid has become virtually impossible.” Thereupon they directed the people towards making taqleed of one of the four Imams and warned them against changing mazhabs for convenience, as this will amount playing fools with the Deen of Allah. Thus anyone who claims to have acquired the level of ijtihad in this age will be rejected and will not be followed. The entire Muslim world now have consensus about the taqleed of these four Imams.” [1]


[1] ووقف التقليد في الأمصار عند هؤلاء الأربعة، ودرس المقلدون لمن سواهم. وسد الناس باب الخلاف وطرقه لما كثر تشعب الاصطلاحات في العلوم ولما عاق عن الوصول إلى رتبة الاجتهاد، ولما خشي من إسناد ذلك إلى غير أهله، ومن لا يوثق برأيه ولا بدينه، فصرحوا بالعجز والإعواز، وردوا الناس إلى تقليد هؤلاء، كل من اختص به من المقلدين. وحظروا أن يتداول تقليدهم لما فيه من التلاعب. ولم يبق إلا نقل مذاهبهم. وعمل كل مقلد بمذهب من قلده منهم بعد تصحيح الأصول واتصال سندها بالرواية، لا محصول اليوم للفقه غير هذا. (مقدمة ابن خلدون – علم الفقه وما يتبه من الفرائض)

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Refer to the Experts https://ihyaauddeen.co.za/?p=249 https://ihyaauddeen.co.za/?p=249#respond Mon, 24 Jan 2011 14:31:05 +0000 http://ihyaauddeen.co.za/?p=249 In regard to worldly affairs, the principle “refer to the experts of the field” is quite common. If a person intends constructing a triple story mansion, he will first contact an architect to draw out the plans. He will thereafter hire the services of an engineer as well as a contractor to put up the project. If one has to independently embark on such a project without the aid of the architect, the engineer and the contractor, we can well imagine the devastating outcome that he will cause for himself through such actions.

Similarly if someone is afflicted by an acute sickness e.g. cancer, cardiac failure etc. and is advised by expert physicians that if he does not undergo immediate surgery; there is a ninety to ninety five percent chance that the sickness will prove fatal. Under these life threatening circumstances, if one has to refer to a medical journal, and thereafter musters up the courage to personally operate upon himself, what will our response be regarding such a person’s determination.

In the same breath we see this principle upheld in all walks of life. People refer to others who they recognize to be experts in their respective fields for guidance and assistance. In reality this is Taqleed; “Relying upon the expertise of others”.

In retrospect when one views the different departments of Islamic learning, one will undoubtedly realize that without placing one’s confidence and reliance upon people who are learned in the respective fields of Deen, one will not progress Islamicly.

From the elementary Maktab [1] level, the child is required to place his confidence upon his Muallim or Muallima, thereby gaining the ability to recite the Qur’an. At the second level the child is admitted into a Hifz class where the child commits the Qur’an to memory with perfecting its recitation. At this stage we also notice that in order for the child to progress, he is required to follow his Ustaaz and place his reliance upon the knowledge that is imparted to him. The child thereafter progresses further where he gains admission into a Darul Uloom or university. Various courses are offered to him under the tutorship of qualified teachers. Here also he subjects his understanding to conform to the understanding of his tutors who he recognizes.  At the end of the stipulated period he receives a qualification signifying his competence and proficiency in the various fields of Deen.

We understand that at every stage in the life of man irrespective of worldly progress or Deeni progress, he is duty bound by Shari’ah to institute the principle of Taqleed.

Allah Ta’ala says:

Ayah_16_43Ask the people of knowledge if you do not know. (Surah An-Nahl 16:43)

The crux of the matter is that currently the experts of Deen are recognized as experts since their knowledge relatively exceeds the knowledge of the common man. Hence, they are referred to for Islamic guidance. As far as other related fields of Deen are concerned, people do not refer to them though they might be learned in those branches of Deen. Furthermore, if the current day experts are compared to the experts of the past, they (the experts of today) will be rated below the common man of those times. This brings us to the conclusion that if we wish to follow a guide whose expertise extensively encompasses every department of Deen viz. the Qur’an, Hadith, ijmaa’, history, verdicts of Sahaba, etc. then we will not find anyone of contemporary times who will be able to guide us to Allah other than the legacy of the Aimmah-e-Arba’ which Allah Ta’ala has preserved (from amongst all the other Aimmah-e-Mujtahideen) throughout the centuries of Islam.


[1]The elementary level where children are taught the Arabic alphabets, and then taught to recite the Qur’an.

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The History of the Taqleed of the Four Imaams https://ihyaauddeen.co.za/?p=30 https://ihyaauddeen.co.za/?p=30#respond Thu, 25 Nov 2010 22:00:12 +0000 http://ihyaauddeen.wordpress.com/?p=28 A common question posed by many people is: “If the Ahaadith of Rasulullah (Sallallahu Alayhi Wasallam) are a commentary of the Noble Qur’an, then what is the need for making Taqleed of an Imaam?”

In order to understand the answer to this question, a brief discussion of the history of the Mazaahib (schools of thought) is necessary.

It is the divine system of Allah Ta’ala that he provided means for the fulfilment of every need of man. Furthermore, in proportion to the need, adequate means have been provided for its fulfilment. Consider the need for water and air. Besides raining down water from the skies, Allah Ta’ala made it possible to acquire water from many sources with relative ease. As for air, since man requires air every second, it has been provided free everywhere. All one needs to do is breathe. Thus Allah Ta’ala has provided for all the physical needs of man.

More important than every physical need is the spiritual need of man. He needs to recognise his creator and worship him. This is the purpose of his existence on earth. Hence Allah Ta’ala instituted divine measures to fulfil this greatest need of every human being.

Allah Ta’ala declares in the glorious Qur’an:

Ayah_15_9Certainly We are the ones who revealed the Qur’an and surely we have taken the responsibility of safe guarding it. (Surah Hijr 15/9)

In this verse Allah Subhanahu Wa Ta’ala explicitly and emphatically declares that He himself has taken the responsibility of protecting the Qur’an. For the enactment of this divine responsibility, of protecting the greatest book “Al-Qur’an”, Allah Subhanahu Wa Ta’ala utilized the greatest of His creation after the Ambiyaa (Alayhimus Salam), who were none other than the auspicious Sahabah (Radiyallahu Anhum).

Then came the time for the compilation and preservation of the commentary of the Qur’an (i.e. the Ahaadith of Rasulullah (Sallallahu Alaihi Wasallam)). For this mammoth task Allah Ta’ala utilized the Sahabah (Radiyallahu Anhum) as well as the Taabi’een and the Tabe-Tabi’een (Rahmatullahi Alaihim).

Thereafter the need arose for the laws of the Qur’an and Hadith. Systemizing the laws of Shari’ah required discerning and differentiating between the previous abrogated laws and the latter laws which replaced them, deciphering between the authentic and unauthentic narrations, categorizing the status of injunctions and prohibitions (Farz, Wajib, Sunnat, Mustahab, Mubaah, Haraam, Makroo-e-Tahrimi, Makrooh-e-Tanzihi, Kilaaf-e-Awlaa) and finally formulating principles in the light of Qur’an and Hadith which govern the deduction of non-textual situations. All of the above needed to be accomplished in order to correctly practice upon each law of Shari’ah in the manner it was revealed by Allah Ta’ala upon Rasulullah (Sallallahu Alaihi Wasallam).

The accomplishment of such a tremendous task was only possible by a selected class of Allah’s servants, whose phenomenal expertise and unparalleled proficiency cover every science of Deen. This class of people are classified in the terminology of the jurists as Mujtahideen.

There were only a limited number of these highly qualified specialists of Deen in the time of  Sahabah (Radiyallahu Anhum), Tabieen and Tabe-Tabieen (Rahmatullahi Alayhim).

From the Sahabah (Radiyallahu Anhum):

Among the Sahaba (Radiyallahu Anhum), the following personalities were known as the Mujtahideen:

The four Kulafaa-e-Raasihdeen (Radiyallahu Anhum), Abdullah bin Masood, Hazrat Ibne-Abbaas, Abdullah bin Amr, Abdullah bin Umar, Mu’aaz bin jabl and a few others (Radiyallahu Anhum).

From the Tabieen and Tab-e-Taabieen:

Among the well-known Mujtahideen of the second era were:

Imaam Abu Hanifah, Sha’bi, Ebrahim Nakaai, Alqamah, Imaam Maalik, Imaam Shafi’ee, Imaam Ahmed, Imaam Auzai, Lais bin Sa’d and others (Rahmatullahi Alaihim).

Only Allah Ta’ala knows, in his infinite and unquestionable wisdom, why he hand picked this elite group for the office of Ijtihaad. These special servants of Allah Ta’ala continued to serve the creation and water the fields of Deen. In their era they were the centre of attraction in solving the Deeni Masaail (Questions pertaining to Deen) of the day.

The Mazaahib of many of these great men were recorded for the benefit of the coming generations. However, with the passage of time, due to the various wars and other tragic situations recorded in history, the works of theses Mujtahideen in its entirety were no longer preserved. Hence to date, only scattered portions of undetailed information regarding their mazhabs have been recorded. It was the divine decree of Allah Ta’ala that only the works of the four Ai’mmah-Mujtahideen, in its entirety, remain preserved.

Furthermore, the latter Ulama thoroughly examined and scrutinized the mazahib of these four Imaams in the light of Qur’an and Hadith. For centuries thereafter these mazaahib were tried and tested by the luminaries of Islaam, the likes of Imaam Daare Qutni, Hafiz Baihaqi, Hafiz Ibne Hajar, Allama Aini, Imaam Nawawi, Hafiz Zailaee, Imaam Tahawi, Hafiz Ibne Abdil Bar, Ibne- Arabi, Hafiz Ibnul Jawzi and many others.

Thus the four mazaahib received the acceptance of thousands of specialists. All these doctors of their field unanimously attested to the unmatched mastery of the four Imaams and admitted their inability to produce a masterpiece mazhab like that of theses Imaams. These Ulama further supported and corroborated the four mazaahib, that all are firmly based on the Qur’an and Sunnah.

Hence in this time and age, for one to intend to personally review the shari’ah and formulate principles that govern the deduction of masaail would be akin to re-inventing the wheel.

Nevertheless, the Ulama are in agreement that although the doors of ijtihaad have not been closed, however, after the third century no one has met the criteria of being a mujtahid. These few people who claimed to be on the pedestal of ijtihaad were tested by the Ulama of the time and after being proven academically incompetent, were disqualified and rejected.

(rahmatullahi alaih)

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