{"id":397,"date":"2011-03-30T16:19:20","date_gmt":"2011-03-30T14:19:20","guid":{"rendered":"http:\/\/ihyaauddeen.co.za\/?p=397"},"modified":"2025-01-21T15:00:25","modified_gmt":"2025-01-21T13:00:25","slug":"the-seventh-problem-that-will-arise-by-referring-directly-to-the-quran-and-hadith","status":"publish","type":"post","link":"https:\/\/ihyaauddeen.co.za\/?p=397","title":{"rendered":"The Seventh Problem that will Arise by Referring Directly to the Qur\u2019an and Hadith"},"content":{"rendered":"

The seventh problem is that some people will reject ijtihaad<\/em> totally. They will feel that there is no need for making ijtihaad<\/em>. Instead, if any problematic situation arises, one should refer directly to the Qur\u2019an and Hadith<\/em> in finding a solution, since Allah Ta’ala commands in the Qur\u2019an:<\/p>\n

\"Surah<\/a> (If you dispute in any matter then refer it to Allah and the Rasul (Sallallahu Alayhi Wasallam) if you truly believe in Allah and the last day.) (Surah Nisa 4:59)<\/em><\/p>\n

Thus they wrongly deduce from this A<\/em>ayah <\/em>that there is no need for ijtihaad<\/em>. The outcome of those adopting this attitude is that they will be faced with one of three situations:<\/p>\n

    \n
  1. They will completely\tignore all those aspects of Deen<\/em> which are not explicitly mentioned in the Qur\u2019an and Sunnah <\/em>but, have nevertheless been derived from these sources by the Mujtahideen<\/em> through ijtihaad<\/em>.<\/li>\n
  2. They will not find Shar’ee<\/em> solutions to many contemporary issues and thus fall into suspicions and doubts regarding the truth of Islam. They will begin to feel that Islam is not a complete way of life since Shari’ah <\/em>has not provided solutions to many issues.<\/li>\n
  3. They will consider themselves to be free to do as they wish in all matters that have not been explicitly mentioned in the Qur\u2019an and Sunnah<\/em>. The \tend result of this is that they will follow their desires, thus \tcausing them to veer astray. Allah Ta’ala says:<\/li>\n<\/ol>\n

    \"Surah<\/a>(Do you think that We have created you in vain and that you will not be returned back to Us.)<\/em> (S<\/em>u<\/em>rah <\/em>Mu’minoon<\/em> 23:115)<\/em><\/p>\n

    For example, if we consider the masa\u2019la<\/em>h<\/em> of shaving the hair, there is mention in the Ahaadith <\/em>regarding the impermissibility of shaving the beard, however there is no explicit mention in the Qur\u2019an as well as the Aha<\/em>a<\/em>dith <\/em>of Rasulullah (Sallahllahu Alayhi Wasallam)<\/em> regarding the masa\u2019la<\/em>h <\/em>of shaving the hair on the cheek (i.e. above the beard) or the hair on the chest or on the calves. Similarly, there is mention in the Ahaadith <\/em>regarding the masa\u2019la<\/em>h <\/em>where a fly falls into milk, however there is no explicit mention in the Qur\u2019an as well as the Aha<\/em>a<\/em>dith <\/em>of Rasulullah (Sallahllahu Alayhi Wasallam)<\/em> regarding the masa\u2019la<\/em>h <\/em>where a mosquito, flea, bee or wasp falls into milk. These masaa<\/em>‘<\/em>il <\/em>have been derived through the ijtihaad <\/em>of the mujtahideen<\/em>. Hence, what will be the viewpoint of such individuals (who reject ijtihaad<\/em>) regarding these types of masaa’il? <\/em><\/p>\n

     <\/p>\n

    A Debate between Mufti Mahmood Hasan Gangohi Saheb (Rahmatullahi Alayh)<\/em> \u2013 former Mufti of Darul Uloom Deoband – and a Ghair Muqallid<\/em> at the Maqaam-e-Ebrahim<\/em><\/h3>\n

    <\/p>\n

    Mufti Mahmood Saheb related that once, a ghair muqallid<\/em> met him at the Maqaam-e-Ebrahim and said:<\/p>\n

    Ghair Muqallid:<\/strong> I have heard that you issue fatwas<\/em>. My advice to you is that you should never issue a fatwa<\/em> contrary to the Qur\u2019an and Had<\/em>i<\/em>th<\/em>.<\/p>\n

    Mufti Sahib:<\/strong> If your advice is general then I am grateful and Jazaakallah<\/em> (may Allah reward you.). However, if you have come across any of my fatwas<\/em> that contradict the Qur\u2019an or H<\/em>ad<\/em>i<\/em>th <\/em>then kindly inform me so that I may look into it. If I have erred then I shall retract.<\/p>\n

    Ghair Muqallid:<\/strong> I have not come across any such fatwa<\/em>. Nevertheless, I have just heard that you issue fatwas<\/em>. Therefore, I decided to advise you in this regard.<\/p>\n

    Mufti Sahib:<\/strong> Well, listen attentively to what I have to say. When a query comes before me, I refer to the Qur\u2019an Shareef<\/em>. If I find the answer recorded in the Qur\u2019an then I do not turn to anything else. For example, the question regarding three talaaqs <\/em>(in one sitting) came before me. When I referred to the Qur\u2019aan Shareef I found the A<\/em>aya<\/em>h<\/em>:<\/p>\n

    \"Surah<\/a> <\/em>Two divorces can be issued (Surah Baqarah 2:229)<\/em><\/p>\n

    After a few lines Allah Ta’ala then says:<\/p>\n

    \"Surah<\/a>Then if he divorces her (the third divorce) she will not be halaal for him until she marries another husband. (Surah Baqarah 2:230)<\/em><\/p>\n

    <\/p>\n

    We understand from here that if three talaaqs<\/em> are issued, all three will be valid irrespective of whether they are issued in one sitting or separate sittings. The Qur\u2019an Shareef <\/em>does not present any further detail in this issue. Hence, such a woman no longer remains halaal and lawful for her husband unless she undergoes the process of halaalah<\/em>. Thus, in the mas<\/em>‘<\/em>ala<\/em>h<\/em> <\/em>of three talaaqs<\/em> I issued the verdict in conformity to the Qur\u2019an that the wife is totally unlawful for the husband.<\/p>\n

    If after searching through the Qur\u2019an Shareef<\/em> I do not find a solution to my problem I refer to the H<\/em>ad<\/em>i<\/em>th<\/em>. If I find the answer in the Had<\/em>i<\/em>th<\/em>, then I do not refer to anything else. For example, the question regarding Qiraat Khalfal Imaam<\/em> (should the m<\/em>uqtadi <\/em>recite Surah Faatiha <\/em>behind the Imaam <\/em>in Salaah<\/em>) was posed to me. When I searched the Qur\u2019an Shareef <\/em>I could not find any answer. Therefore, I then referred to the Had<\/em>i<\/em>th<\/em>. I came across a narration in Saheeh Muslim where Nabi (Sallallahu Alayhi Wasallam)<\/em> stated: \u0625\u0630\u0627 \u0642\u0631\u0623 \u0641\u0623\u0646\u0635\u062a\u0648\u0627 <\/span><\/span>(When the I<\/em>maam <\/em>is engaged in qiraat<\/em> then the m<\/em>uqtadi <\/em>should remain silent.). This H<\/em>ad<\/em>i<\/em>th <\/em>is an authentic narration (Saheeh)<\/em>, clear in its purport (Sareeh)<\/em> and it has not been abrogated (Ghair Mansookh)<\/em>. We clearly understand from this Hadith <\/em>that it is impermissible for the m<\/em>uqtadi <\/em>to engage in any recitation whilst the I<\/em>maam <\/em>is reciting. Thus, I issued the fatwa <\/em>in conformity to the Had<\/em>i<\/em>th<\/em>. Furthermore, if I do not find any solution in the H<\/em>ad<\/em>i<\/em>th <\/em>then I adopt the view (<\/em>i<\/em>jtihaad)<\/em> of Imaam Abu Hanifah <\/span>(Rahmatullahi Alayh)<\/em><\/span>.<\/p>\n

    Ghair Muqallid:<\/strong> It is impossible that you will not find a solution in the H<\/em>ad<\/em>i<\/em>th<\/em>. If you cannot find the answer in your books, then search in the books of others.<\/p>\n

    Mufti Sahib:<\/strong> Who do you refer to when you say others? Must I search in the books of the Yahood <\/em>and Nasaara<\/em>?<\/p>\n

    Ghair Muqallid:<\/strong> No. Search in Bukhaari, Tirmizi, etc.<\/p>\n

    Mufti Sahib:<\/strong> Why do you refer to them as the books of others? Aren\u2019t they our books as well? We study and teach their kitaabs<\/em> all the time. You claim that everything is found in the Had<\/em>i<\/em>th <\/em>whereas the Hadith<\/em> itself disproves what you are saying. It appears in the Hadith<\/em> that when Rasulullah (Sallallahu Alayhi Wasallam)<\/em> dispatched Hadhrat Mu\u2019aaz (Radiyallahu Anhu)<\/em> to Yemen, he asked him, \u201cWhat procedure will you adopt when passing decisions in the affairs of the Muslims?\u201d Mu\u2019aaz (Radiyallahu Anhu)<\/em> replied: \u201cI will decide in accordance to the Qur\u2019an.\u201d Nabi (Sallallahu Alayhi Wasallam)<\/em> then asked him: \u201cIf a law is not found in the Qur\u2019an then what will you do?\u201d He replied, \u201cI will refer to the Ahaadith <\/em>of Rasulullah (Sallallahu Alayhi Wasallam)<\/em>.\u201d Nabi (Sallallahu Alayhi Wasallam)<\/em> then questioned him: \u201cIf the ruling is not found in the Ahaadith<\/em>, then what will you do?\u201d He replied: \u201cI will employ my ability of reasoning (ijtihaad)<\/em> in reaching a conclusion.\u201d Upon hearing this, Nabi (Sallallahu Alayhi Wasallam)<\/em> said: \u201cAll praise be to Allah who inspired the messenger of Rasulullah (Sallallahu Alayhi Wasallam)<\/em> Mu\u2019aaz (Radiyallahu Anhu)<\/em> with the correct guidance.\u201d (Tirmizi \u2013 Kitaabul Ahkaam \u2013 1\/247)<\/em><\/p>\n

    Ghair Muqallid: <\/strong>Ask me any question and I promise you that I shall furnish the answer from the Hadith<\/em>.<\/p>\n

    Mufti Sahib:<\/strong> If you will be able to present to me a Hadith<\/em> that is an authentic narration (Saheeh)<\/em>, clear in its purport (Sareeh)<\/em> and it has not been abrogated (Ghair Mansookh)<\/em> for every mas\u2019alah<\/em> that I ask, then I shall seek forgiveness for being a Hanafi and I shall abandon the taqleed<\/em> of Imaam Abu Hanifa \u0631\u062d\u0645\u0629 \u0627\u0644\u0644\u0647 \u0639\u0644\u064a\u0647<\/span><\/span><\/span>. Well, then do you have any Hadith<\/em> stating clearly regarding the permissibility or impermissibility of removing the hair on the cheek (above the beard). Similarly, can you present before me any Hadith<\/em> regarding the hair on the chest and calves?<\/p>\n

    Since there is no clear Hadith<\/em> found, he became extremely embarrassed and asked,<\/p>\n

    Ghair Muqallid:<\/strong> Do wish to test me?<\/p>\n

    Mufti Sahib:<\/strong> Yes. I am testing you. Do you think that I will so easily abandon following the Hanafi mazhab<\/em>? I will have to thoroughly examine you before abandoning Imaam Abu Hanifa and adopting your way.<\/p>\n

    He became enraged at this and began walking away. I then said to him, \u201cExcuse me, but you had just promised me earlier that you will present a Hadith<\/em> for every mas\u2019alah<\/em> that I ask you. So fulfil your promise. Don\u2019t break your promise. This is a sign of a munaafiq<\/em> (hypocrite). It is reported in the Hadith<\/em> regarding the signs of a munaafiq<\/em>: \u0625\u0630\u0627 \u0648\u0639\u062f \u0623\u062e\u0644\u0641 <\/span><\/span>(when he makes a promise he breaks it)\u201d<\/p>\n

    The Ghair Muqallid<\/em> ignored me and left. So I said to him, \u201cAt least make musaafahah<\/em> with both hands before you depart.\u201d I then extended both my hands and he stretched forth only one hand and made musaafahah <\/em>(as is the way of the Ghair Muqallideen<\/em>).<\/p>\n","protected":false},"excerpt":{"rendered":"

    The seventh problem is that some people will reject ijtihaad totally. They will feel that there is no need for making ijtihaad. Instead, if any problematic situation arises, one should refer directly to the Qur\u2019an and Hadith in finding a solution, since Allah Ta’ala commands in the Qur\u2019an: (If you dispute in any matter then …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[768,861],"tags":[407,5,23,7,36,406],"class_list":["post-397","post","type-post","status-publish","format-standard","","category-aqaaid","category-salafism","tag-hadith","tag-imaam","tag-imaam-abu-hanifa","tag-quran","tag-reciting-behind-the-imaam","tag-taqleed"],"_links":{"self":[{"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=\/wp\/v2\/posts\/397","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=397"}],"version-history":[{"count":9,"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=\/wp\/v2\/posts\/397\/revisions"}],"predecessor-version":[{"id":409,"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=\/wp\/v2\/posts\/397\/revisions\/409"}],"wp:attachment":[{"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=397"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=397"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ihyaauddeen.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}