essence of taqleed/madhab by moulana ashraf ali thanvi (ra)

8/3/2019 Essence of Taqleed/Madhab by Moulana Ashraf Ali Thanvi (ra)

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Hakimul Ummat Hadrat Ashraf Ali Thanowi

Translation: M. Abdul Basit

19, Flora Garden

Romford, Essex

London

RM6 4BG

U k

[email protected]
mailto:[email protected]:[email protected]:[email protected]


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Contents

1. Legal status of Ijtihad (psychoanalyse) and Taqleed ( conform)2. Legal status of reasoning and Taqleed (conform)3. Muhaddith and Mujtaheed ( scholar of Hadith and jurist)4. Capability of Ijtihad (psychoanalyse)5. Permissibility of individual Taqleed and its meaning6. Nowadays individual Taqleed is necessary and why?7. Corruptions by leaving individual Taqleed8. Reality of Ijma (unanimous)9. Some people will not do Ijtihad nor they will follow any jurist10.They will not do Ijtihad nor they will act on external meaning of Hadith11.Pre conditions are wajib too12.Why maz-habs are limited in four13.Why did you choose Hanafi maz-hab?14.Anywhere you go, you still Hanafi, why?15.Quran rejects Qias (analogy)16.Quran rejects Taqleed (conform)17.Taqleed opposite to Hadith18.Qias condemned by salaf (predecessors)19.No imam said, follow me20.Following is bidat (innovation)21.Individual adherence is bidat (innovation)22.There was no maz-hab before Imams23.Why can not we do Ijtihad?24.Understanding Quran and Hadith are easy, then why follow maz-hab?25.Taqleed (conform) against Hadith26.Follow sahaba, not Imam27.Following of the clear matters in the Quran28.Some masalas are against Hadith29.Why maz-habs are limited in four?


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30.Claiming Ijma on four maz-hab31.Following an unknown person32.Hanafis majority proofs are weak33.Imam Abu Hanifa was not a Mujtaheed34.Imam Abu Hanifa was a Murjia35.Instead of Muhammadi why do you call yourself a Hanafi?36.Why follow sometime Imam Abu Yusuf and sometime Imam

Muhammad?

37.Chains of narration do not reach to Imam Abu Hanifa38.Jurists are divided in some cases and quite in some cases39.Extremism in maz-hab40.Exaggeration in Ijtihad41.Meaning of Ahle Sunnat Wal Jamat42. Some masala regarding salah43.Time of zohr44.Wodu does not break by touching private part45. Wodu does not break by touching a woman46.Masah (wiping) one fourth of head47.Bismillah not pre condition for wodu48.Bismillah should not be read audibly in salah49.No qirat behind Imam50.Raising hands only in first takbir51.Placing hands below navel52.Sitting posture in salah53.Standing up straight in 1st and 3rd rakat54.Fajar sunnat after sunrise55.Witr is three rakat, no salam after two rakat56.No qunoot in fajar salah57.Some praiseworthy notes about imam Abu Hanifa58.Imam Abu Hanifas some illustrious teachers59.Some illustrious students60.Some profound personalities who praised Imam Abu Hanifa61.Chronology of four Imams62.Authors of six authentic Hadith books


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BISMILLAHIR RAHMANIR RAHIM

1stobject

Legal status of Ijtihad and Taqleed

( Psychoanalyse and conform)

1st

Hadith

Narrated by Tariq that due to an obligatory bath, someone did not performe

salah. He came to prophet (s.a.w) and related the incident. Prophet (s.a.w) told

him you did the right thing. Thereafter another person came with a similar

problem but he added I performed Tayammum1 and read salah. Prophet

(s.a.w) told him you did the right thing too. (Nasaee page 293 kitabut taharat)

This Hadith it is clearly providing evidence for the permissibility of Ijtihad and Qias.

(Psychoanalyse and analogy) Because if they knew the ruling, there was no need for them to

ask the prophet (s.a.w) after the task has been done. In the initial stage they carried out the

task according to their won Ijtihad and Qias and informed prophet (s.a.w) thereafter.

Prophet (s.a.w) accepted both of their actions. It is well accepted principle that any action

which is not rejected by prophet (s.a.w) is an Islamic law. Especially in the case of

affirmative evidence, it is a sharee rule. Thus it is proven that in the time of prophet (s.a.w)

sahaba (r.a) did Qias. And He (s.a.w) approved it. So there is no doubt about the

permissibility of Qias.

To tell both you did the right thing means both has received the reward. It does not mean

that everyone has the choice either do tyammum or not, or read salah or not.

1Dry ablution.


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2nd

Hadith

Hadrat Amar ibnul AAS (r.a) says: in the expedition of Zat-as-Salasil I had a

wet dream in a cold night. I thought if I take a bath, I would die. So I did

tayammum and led the salah. My companions reported the story to prophet

(s.a.w). Prophet (s.a.w) asked me, O Amar, in the state of impurity you led the

salah? I informed him what was obstacle for me to take a bath and all due

respect I reminded him that Allah says do not kill yourselves. Verily Allah is

most kind. Hearing that prophet (s.a.w) smiled and did not say anything.

( Abu Dawood page 293 kitabul hudud)

This Hadith is clearly indicating the permissibility of Ijtihad and Qias. Because Hadrat Amar

Ibnul Aas (r.a) has expressed his reason and prophet (s.a.w) accepted it.

3rd

Hadith

Reported by Hadrat Abu Saeed (r.a) that, two persons performed salah by

making tayammum due to non access of water. But water became available

before the salah time expires. So, one person repeated the salah by making

Wodu while the other person did not. They asked Hadrat prophet (s.a.w)

regarding this matter. Prophet (s.a.w) said to the person who did not repeat

the salah, you followed the Sunnah and first salah is sufficient for you.

Regarding other person he said, you received the full reward. (I.e for the both

salah you will get rewarded.)(Nasaee page 75)

It is evident that both sahabahs on this occasion acted upon Qias. Hadrat prophet (s.a.w)

did not charge anyone. Obviously one persons Qias was right while the others was wrong.

It is Mujtaheedeens (jurists) principle that some time he will be right and some time he willbe wrong. That is why Hadrat prophet (s.a.w) did not charge anyone. Therefore

permissibility of Qias is established.

Together, all these Hadithes are proving the permissibility of Qias. Where there is clear

verse or Hadith is not available, sahaba kiram (r.a) used to do Ijtihad (psychoanalyse) with

the permission of Nabi kareem (s.a.w)


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4th

Hadith

Narrated by Aswad Bin Yazid that, Hadrat Muaz Bin Jabal (r.a) came to us as a

teacher and a governor. We asked him about someone who passed away and

left behind a daughter and a sister as his heirs. Hadrat Muaz (r.a) ordered that

half for the daughter and half for the sister. Rasulullah (s.a.w) was alive at that

time. (This Hadith is narrated by Bukhari and Abu Dawood. Words are taken from Bukhari

page 379 kitabul faraiz)

From this Hadith, it is evident, that taqleed (follow someone, without asking him proof with

such a confidence that his interpretations will be according to Quran and Hadith) was

existing in the time of Hadrat prophet (s.a.w). Questioner did not ask him for proof, and heaccepted the judgement, bear in mind that Hadrat Muaz (r.a) has an authoritys status in

religion. This is called Taqleed. Hadrat Muaz (r.a) was sent by prophet (s.a.w) himself. There

is no narration reported against this verdict. Neither any rejection, nor any objection been

narrated from prophet (s.aw) about it. Therefore, it is materialized that allowable of Taqleed

in the life time of Hadrat prophet (s.a.w) without any discard were grounded.

5th

Hadith

Hadrat Salim (r.a) narrated that Hadrat ibn Umar (r.a) was asked about a

person who has a debt to pay on a specific time. But the lender cuts some

money if the borrower pays earlier. Hadrat ibn Umar (r.a) did not like this

arrangement. (Muatta Imam Malik page 23)

In this particular case, no sound Hadith been reported. It is ibn Umars Qias. Questioner did

not ask him for proof. To accept this judgement is Taqleed, and not to provide proofs by ibn

Umar (r.a) is allowing the Taqleed. Thus the action of Hadrat ibn Umar (r.a) confirms the

permissibility of Qias and Taqleed respectively.


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6th

Hadith

Reported by Hadrat Imam Malik (r.a) that he received a news from Hadrat

Umar(r.a) that somebody borrowed some grain from another person on a

condition that he must pay him back in a different city. Umar (r.a) disapproved

it. (Muatta Malik page 34)

In this case also, no sound Hadith been reported. The answer was given from Qias.

Reference was not provided in the answer. Questioner even did not ask for it. Without proof

he accepted the answer. This is Taqleed. Therefore both are legalized by the action of

Hadrat Umar (r.a) too.

7th

Hadith

Narrated by Sulaiman bin Yasar that Hadrat Abu Ayub Ansari (r.a) was coming

to perform Hajj. On the way to Makkah, in the jungle he lost his camel. After

completing Hajj he came to Umar (r.a) and related the whole story. Umar (r.a)

says now do as the other umrah performers do. Thereafter open your umrah

cloths. Next year come for Hajj, and do Qurbanee with whatever means you

will have.(Muatta Imam Malik page 131 kitabul hajj)

From this Hadith it is known that those sahabahs who could not do Ijtihad, they used to

follow the other Mujtahideen (Jurists) sahabah. Hadrat Abu Ayub Ansari is a sahabi as well.

But he did not ask Umar (r.a) for proof. Now listen to Tabieens (who met sahaba) narrations

regarding Taqleed.

8th

Hadith

Narrated by Ubaid bin Abu Saleh, he says that I sold some barley to people of

Dar-e-Nakhla with a fixed price and with specific time. Then I decided to set

off for Kufa. So these people asked me to drop the price down basis on cash

payment. I asked Hadrat Zaid bin Thabit (r.a) about this dealing. He replied, I

do not grant permission for you. Neither I allow you to consume anything from

it nor feed the others. (Muatta Imam Malik page 33)

In this incident too, Hadrat Zaid bin Abu Saleh did not ask proof to Hadrat Zaid bin Thabit

(r.a). This is Taqleed. Among sahabahs and Tabieens such a narrations are so huge, even in

the blessed era of Hadrat Prophet (s.a.w) between sahabas or between sahaba and Tabieen

this type of asking and answering are so many, that it is difficult to confine them.


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2nd object

Legal status of reasoning and Taqleed

Outline a ruling by doing Ijtihad (psychoanalyse) is valid. Similarly, act upon the wanting of

Hadith by using Ijtihad is applicable as well. Considering technical meanings and leaving out

the literal meanings are not against Hadith or rejection of Hadith. In case of manypossibilities give preference for one meaning is legitimate. This kind of Ijtihad is permissible,

as well as Taqleed too.

1st

Hadith

Narrated by ibn Umar (r.a) that on the day of AHZAB Rasulullah (s.a.w) told

sahabah until you reach BANU QURAIZAH no one should perform Asr salah.

But, the time of Asr was due before they were reached there. So disagreement

took place among them. Some say we will not read Asr salah until we get there

and others say no, we will read salah. Because Rasulullah (s.a.w) meant that

you travel so fast, so you can reach in BANU QURAIZAH before Asr salah. Later

on when this story was related to prophet (s.a.w) neither he accused anyone

nor punishment issued for anybody too. (Bukhari 2nd volume page 591)

In this incident, some sahabah used the power of Ijtihad by looking at the theme of Hadith

and performed salah, which is of course, one of the possibilities. But prophet (s.a.w) did not

accuse them, why did you act against the literal meaning of Hadith? In the same token, hedid not offend the others as refrainers of Hadith.

2nd

Hadith

Hadrat Anas (r.a) reported that somebody had an affair with a slave girl.

Prophet (s.a.w) ordered Ali (r.a) to execute that person. Ali (r.a) came and

found him in the well cooling his body. Ali (r.a) commanded him to come out.

He spread his hand; Ali (r.a) took him out of the well. His condition was


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despicable. So Ali (r.a) did not punish him. He informed Hadrat prophet (s.a.w)

about it. Rasulullah (s.a.w) welcomed Alis (r.a) decision. In another narration it

says, that prophet (s.a.w) said what an on-lookers can witness, you can not

sight from far. (Muslim page 136 kitabul hudud)

In this incident prophet (s.a.w)s order was specific and clear. But Hadrat Ali (r.a) forwarded

it on circumstances. That is why he did not punish him. Prophet (s.a.w) not only accepted

the decision, rather welcomed it, despite being contrary to literal meaning of Hadith. From

this, it is known that, activation of Hadith according to circumstances is not opposite to

Hadith, though it goes against the literal meanings of Hadith.

3rd

Hadith

Narrated by Hadrat Anas (r.a) that, once Muaz (r.a) was sitting behind Nabi(s.a.w) on a conveyance. Hadrat prophet (s.a.w) called him three times and

each time he answered. Then prophet (s.a.w) said to him whoever with

conviction proclaims that there is none worthy of worship but Allah and

Muhammad is the messenger of Allah. Jahannam is haram for him. Muaz (r.a)

asked prophet (s.a.w) can I pass the message to others, they will be excited.

Prophet (s.a.w) said NO. They will rely on it only. When Hadrat Muaz was

approaching death, fear of sin he disclosed the message. (I.e. concealing

religious knowledge is haram) (Bukhari and Muslim.Mishkat page 6)

Look, this Hadith literally means not to pass the message. But Hadrat Muaz (r.a) with a

power of Ijtihad located it on probability of specific time limit. Later stage he disclosed it.

From this, it is proven that sahabah never used to consider working out reasons and

deriving rulings from Hadithes are objectionable. Otherwise it is obvious that they should

consider them as subjective worship and no debate would have had taken place among

themselves.

4th

Hadith

Abu Abdur Rahman Salami narrated that Ali (r.a) read out his sermon. It was

consisting that Ali (r.a) says one slave girl committed adultery. Prophet (s.a.w)

ordered me to lash her. When I came to her, Id seen that she had just given

birth. If I lash her, Im afraid she would die. I told prophet (s.a.w) about it. He

said, you have done a good thing. Leave her now, Let her get better. (Muslim,

Abu Dawood, Tirmizipage 136 kitabul hudud)


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Ali (r.a) through his power of Ijtihad looking at the other common evidences postponed it

on postnatal borne. Despite being there was no restriction in the Hadith. Prophet (s.a.w)

welcomed the decision. It is an example for those people who says Sura Fatiha should not

be read behind Imam, they refer the Hadith LA SALATA ILLA BI FATIHATIL KITAB (no salah

without Sura Fatihah) on Munfarid (who reads salah alone) because of the other Hadithwhich narrated by Sufyan quoted in Abu Dawood. (It will appear at the end of the book.) So

it is incorrect to label them as discarder of Hadith.

5th

Hadith

Narrated by Hadrat Saad bin Ubadah that he asked Hadrat Prophet (s.a.w) if

somebody finds another person sleeping with his wife, should he kill him?

Prophet (s.a.w) said NO. Saad says why not he should be killed? By the being of

that, who sent you with a true religion, first of all I will finish him with my

sword on the spot. Rasulullah (s.a.w) said to the audience; listen to your

leader, what is he saying? (Muslim, Abu Dawood, Mishkat 2nd volume page 401)

External thinker would say (Allah forbid) that, this sahaba rejected the Hadith. No, never;

otherwise prophet (s.a.w) would have scolded him instead of praising him by using

honourable word syeed (leader). Because, in other Hadith, it is forbidden to call a Munafiq

(hypocrite) as syeed. Without doubt being a Muslim rejecter of Hadith will be a worse

Munafiq. If it is the case, then why prophet (s.a.w) called him a syeed? In fact he thought

that if you want to save yourself from qisas (counter death), then do not kill him. Rather

bring witness. Otherwise, killing that man will be unlawful. So he meant that I would be

killed in Qisas. Because, in the court I will not have any witness. But I do not care, I will never

spare him. So in this situation killing itself is lawful. Thus it is not rejection or denial of

Hadith. If a Mujtaheed with power of Ijtihad takes delicate meaning of Hadith and avoid

literal meaning---- then it is correct to act upon it. And will not be regarded as rejection of

Hadith.

6th

Hadith

Ibn Abbas (r.a) narrated that there is no significance for pilgrims to stop in

Mahsur (A place). Because, it was a stopover for prophet (s.a.w). (Bukhari,

Muslim and Tirmizi page 131)

An act which is occurred from prophet (s.a.w) is a proof as Sunnah. That is why Ibn Umar

(r.a) opined --it is a Sunnah. On the contrary, another well respected Sahabi with his own

Ijtihad is saying that it is not a Sunnah. By chance prophet (s.a.w) stopped over there. From


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this, it is known that Sahaba never used to consider this kind of Ijtihad as opposite to

Hadith.

According to Hanafi school the Hadith reported about reading sura Fatiha in Janazah, is not

an objective Sunnah. Coincidently, as Thana and Dua, prophet (s.a.w) read it out. Similarly,

to stand in the middle of corpse was not intentionally; rather it was by chance for a different

reason. Thus Hanafi scholars can not be reproached.

7th

Hadith

Reported by Abdullah that Asma Binte Umays (Abu Bakars wife) gave him a

bath when he passed away. Then she asked Muhajireen Sahabah (emigrants)

who were present there I am fasting and it is a very cold day, do I have to

bath? They replied NO.(Muatta Malik page 228)

It is stated in the Hadith with imperative form that bathing oneself is obligatory (wajib) after

giving bath to a dead body. But Muhjireen sahabah referred it as non obligatory ritual. If

someone unable to carry out any wajib action, he may perform tyammum instead. But

sahabah did not order her to do so. And they did not consider it is against Hadith too.

3rd

object

Muhaddith and Mujtaheed

(Scholar of Hadith and Jurist)

An individual, who does not have qualification for Ijtihad (psychoanalyse), may not do

Ijtihad. Somebody may be well qualified in Hadith, but it is possible that he may not be a

Mujtaheed (jurist). Because collections of Hadith do not qualify a person as Mujtaheed

(jurist).

1st

Hadith

Narrated by Ibn Abbas (r.a) that, in the time of Hadrat Prophet (s.a.w)

someone was injured. Then he had a wet-dream too. His companions

instructed him for bathing. He took bath and died. When Rasulullah (s.a.w)

heard the news, he said they killed him, may Allah kill them. Why did they not


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ask? It was sufficient for him to do tayammum, put a bandage and rub over it.

And wash rest of the body. (Abu Dawood page 293 kitbut taharat)

His companions with their own logic assumed that the ruling from the verse of the Quran

WA IN KUNTUM JUNUBAN FATTAH HARU (clean yourselves if you are unlean) is commonbetween fit and excused persons. Another verse WA IN KUNTUM MARDA (if you are sick) is

definite with minor impurities only. Basis of this ground they issued the fatawa. Rasulullah

(s.a.w) did not reject this fatawa because of the Ijtihad; he rejected the fatawa because

these people were not qualified to issue a fatawa.

2nd

Hadith

Hadrat Adi ibn Hatim (r.a) narrated when the verse revealed WA KULU WASH

RABU HATTA YTABY ANA LAKUM UL KHAYTUL ABYADU MINAL KHAYTIL

ASWADI (and eat and drink, until the white thread of dawn appear to you

distinct from its black thread2) I put one white thread and one black thread

under my pillow. Some portion of the night I could not make out any

differences. In the morning I told prophet (s.a.w) about it. He replied your

pillow is so massive that day and night were squeezed under your

pillow.(Reported in five books of Hadith, Mishkat page 42)

This Sahabi was not qualified in Ijtihad. Despite being his mother tongue is Arabic, he could

not understand the meaning of Quran. Out of joke Prophet (s.a.w) rejected his mistake.

3rd

Hadith

Ata ibn Yasar reported that someone asked Hadrat Abdullah ibn Amar ibn Aas

that somebody before intercourse gave three talaq (divorce) to his wife. Ata

replied, a virgin gets only one talaq. Abdulla said what you know about

fatawa? With one talaq she can gets baeen (severed). By receiving three talaq,

until she gets married to someone else, can not marry the first husband.

(Muatta Malik page 314)

2Sura Baqara verse 187


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Hadrat Ata (r.a) is a great scholar and a Muhaddith. Regardless of his calibre Hadrat Abdulla

did not consider his Fatawa as trustworthy, only because of lacking Ijtihad. By using the

words INNA MA ANTA QASS pointing out that, he is not a Mujtaheed.

In brief, reporting of Hadith and a Mujtaheed are two different things. Now, listen to the

evidence which provides information that, a person may be well-qualified in Hadith but

does not necessarily mean he can be a Mujtaheed too.

4th

Hadith

Hadrat ibn Masud (r.a) narrated that Rasulullah (s.a.w) said May Allah

freshen that person who listen to my Hadith, memorise it, preserve it and

convey it to others. Because, some reporters are not profound in the field as

conveyed.(Reported by Shafee and Baihaqi in Mudakkal.and reported by Ahmad. Tirmizi,Abu Dawood, Ibn Majah and Darami by Zaid ibn Thabith.Mishkat page 28)

In this Hadith it is apparent that some Muhaddith or Hafiz ul Hadith (well-qualified in

Hadith) may not have deep understanding or they have less understanding on the subject.

Analysis: Essence of Ijtihad

Now listen to the Hadithes which will open up the door for power of Ijtihad.

1st

Hadith

Reported by ibn Masud (r.a) that Rasulullah (s.a.w) said Quran was revealed

on seven qirats (recitation style). Every verse has an inner and outer

dimension. I.e. for inner dimension require deep understanding and for outer

Arabic knowledge. (Sharhus Sunnah, Mishkat page 27)

2nd

Hadith

Urwa ibn Zubayr (r.a) narrated that I asked Hadrat Ayesha (r.a) regarding this

verse Innas safa wal Marwata( Safa and Marwa are among the symbols of


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Allah. So if those who visit the house of Allah in the season or other times,

should compass them round, it is no sin in them.3) It seems that, if someone

does not do tawaf of Safa and Marwa he is not a sinner. (Taking literal

meaning, the external thinker will consider such meaning). Hadrat Ayesha (r.a)

said, nephew, you made a great mistake. If this verse meant what you thinking,

then the sentence would have been LA JUNAHA ALAIHI ALLA YATTUWFA

BIHIMA. (I.e. there will be no sin if someone does not do tawaf). Zuhri said, I

informed Abu Bakar ibn Abdur Rahman about it. He said I did not know this

knowledge before. (Malik, Bukhari, Muslim, Abu Dawood, Tirmizi, and Nasaee. Mishkat

page 41)

3rd

Hadith

Hadrat Ibn Masud (r.a) reported regarding the virtues of Sahaba, that they

were the best among entire ummah, their hearts were cleanest, knowledge

were deepest and life were simple. (Razin, Mishkat page 24)

4th

Hadith

Narrated by Abi Juhaifah that I asked Ali (r.a) that, there are some texts in

your possession which are not included in the Quran. By the being of that

who gave life to a morsel and created souls, I do not have any sort of

knowledge like this, replied Ali. But of course Allah has bestowed uponme

with unique understanding ofQuran, added Ali.

(Bukhari, Tirmizi and Nasaee Mishkat page 403)

5th

Hadith

Narrated by Zaid bin Thabith (r.a) that, in the time of Ahle Yamamah Hadrat

Abu Bakar (r.a) sent somebody to call for me. On reaching there, I found

Hadrat Umar (r.a) waiting for me. Abu Bakar (r.a) told me, Umar (r.a)

suggested him that in the battle of Yamamah a lot of Hafiz e Quran (Quran

3Sura Baqara verse 158


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memorisers) had been martyred. If it carrys on like this, I fear, a huge portion

of Quran will be lost. So he is asking me to compile the Quran. I (Abu Bakar)

told Umar (r.a) the task prophet (s.a.w) did not do how I can undertake such a

mission? By Allah this is an outstanding work, persevered Umar. Until my

heart was gladdened like him (Bukhari and Tirmizi Mishkat page 88)

Some points are note worthy from above mentioned five Hadithes.

1.In the Quran and Hadith some meanings are clear while others are concealed and

complex. These secrecies are causes and rules. They are called treasures of the

Quran. First Hadith is the proof regarding Quran. One ahead of it, which is alsonarrated by ibn Masud (r.a), is the proof for Hadith. Considering external meanings

student is more profound than the teacher is does not make sense. That is why it is

clear both are focusing on inner meanings of Hadith.

2.Depth of understanding the Quran and Hadith vary, according to intellectual standard.

Some could not go beyond the external meaning while others can reach inner

dimension of treasure. Second Hadith is indicating on it. Clue in the verse is not so

hard, but Urwa (r.a) could not understand it, whereas Ayesha (r.a) comprehends it. It

was a very delicate matter that is why Abu Bakar bin Abdur Rahman showed gratitudeto Urwa after hearing this and designated it as ilm (knowledge).

3.Every two persons have some differences. Dissimilarities of understanding in every

occasion do not categorize the comprehended man more virtuous. Then what makes

him more virtuous? Definitely, it is some special degrees, which is third Hadith

pointing out.

4.This special degree can not be achieved by academic qualifications. Rather it is a gifted

rank. Fifth Hadith representing on this issue. In the initial stage Abu Bakar (r.a) lookingat the external meaning of Hadith, bear in mind the wicked effect of bidah

(innovation) was confused about usefulness of compiling Quran. When hidden cause

was exposed in his heart and wickedness of bidah removed, protection of religious

obligation became top priority, now his heart was satisfied. Through research it

appears that, the above mentioned Hadithes are pointing out a lot of other things as

well. Fear of length, we just discussed one Hadith for one object only. Because, our

aim is to show the special degree which mentioned in the Hadith is achieved

through power of Ijtihad.


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So the outcome from these Hadithes: Ijtihad is talented, power of understanding for special

knowledge, and god gifted of course. The scholar attains contentment by using this power

widely. Because, in this position he becomes aware of hidden causes, complex meanings,

and ethics of rulings. Other people can not even reach there. Sometimes this contentment

changes the view. In this case he gives up the first one. This power is captioned in differentplaces of Quran and Hadith as understanding, Fiqh, Opinion, analyse,

psychoanalyse and contentment etc.

4th object

Permissibility of individual Taqleed (conformity) and its meaning

1st

Hadith

Hadrat Huzaifa (r.a) narrated that prophet (s.a.w) said, I do not know how

long I am going to live with you. Follow these two persons after me and

gestured towards Abu Bakar and Umar.(Tirmizi)

In Hadith, the word MIM BADEE (after me) is indicating their time of caliphate.

Otherwise, without caliphate both of them were present in front of him. So prophet (s.a.w)

meant, as a caliph follow them. Obviously, caliph will be one at a time. Follow Abu Bakar

when he is a caliph and follow Umar when he is in the office. Each one should be followed

for a specific time. He (s.a.w) never ordered to ask proof from them too. It is not a common

practice to seek proof for every Masala. This is individual Taqleed. Key point of individualTaqleed is, when someone needs to ask a Masala, he should turn to a scholar with

confidence and act upon it with his instruction. Here we are not talking about its requisites.

It will be discussed soon. The aim here is only to discuss its permissibility and acceptance

according to Sunnah. So it is proven by the grace of Allah (s.w.t) in the aforementioned

Hadith quoted just now, though for a specific period.


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2nd

Hadith

Narrated by Aswad bin Yazid................

This is a same Hadith which we related in the 1st

object, Hadith no 4. By this Hadith Taqleed

materialized as Sunnat. Similarly, it proves the individual Taqleed as well. When Rasulullah

(s.a.w) sent Muaz (r.a) to Yemen as a preacher, then definitely he allowed Yemenites to turn

to Muaz in every matter. This is individual Taqleed.

3rd

Hadith

Summary of this long Hadith is: Narrated by Huzail bin Shurahbil that Hadrat

Abu Musa (r.a) was asked a Masala. Same Masala was asked to Hadrat Ibn

Masud (r.a) and informed him about Abu Musas opinion as well. But Ibn

Masud gave a different Fatawa. Hearing this Abu Musa said, since this learned

scholar is living with you, do not ask me a Fatawa. (Bukhari, Abu Dawood and

Tirmizi Mishkat page 379)

Everybody understands the statement of Abu Musa since this learned scholar is living with

you, do not ask me a Fatawa. What he meant? He meant, if someone needs to ask a

Masala, he should turn to Ibn Masud with confidence and act upon it. This is individual

Taqleed.

5th Object

Nowadays individual Taqleed is necessary and why?

To categorize anything as wajib (necessary) are two kinds

A.If unique emphasise was given in the Quran and Hadith. e.g.: Salah, fasting etc. These

kinds of necessities are called objective necessity.

B.Particularly no emphasis was given for the matter. But those things which were given

emphasized in the Quran and Hadith can not be achieved normally without acquiring

this matter. Like, to collect Quran and Hadith and write them down in the form of book,


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nowhere in the Sharia any stress has been given. In fact, Hadith goes against the

obligation of writings.

4th Hadith

Ibn Umar (r.a) reported that, Rasulullah (s.a.w) said, we are an illiterate

nation. Do not know calculating and writings. (Bukhari, Muslim, Mishkat page 166)

Hadith is clear on subject. In general terms, if writings are not wajib (obligatory), then how

come writing something special (Quran) will be wajib? However, protect and safeguard

Quran and Hadith is significant. From experience it is verified that, without writing them in

paper, naturally it would have been impossible to protect them. That is why; writing Quran

and Hadith is signified as necessary (wajib). Since then, unified resolution is been carried on

in entire Ummah regarding this necessity. This kind of necessity is called effective necessity.

When it is said that, individual Taqleed is necessary, it means effective necessity. Not

objective necessity. That is why, specific verse or Hadith regarding Taqleed by mentioning

name is not available. Despite writing Quran and Hadith were discouragious, but still it is

considered as wajib without a question. Aurther more, it is not regarded as opposite to

Hadith. Similarly, individual Taqleed is wajib, but does not require a proof from Quran and

Hadith.

On this topic there are two issues to be discussed.

1.Pointing out those objects that dilemma will occur, if individual Taqleed is not followed

nowadays.

2.Necessity of these objects.

The objects in first issue as follow:

A.Sincere Intention for knowledge and deed has to be only for religion.

B.Top priority should be given on religion over the desires. I.e. Desires should follow

the religion, not the other way around.

C.Safeguard oneself from any suspicious act, which is harmful for religion.

D.Not to go against rightly guided predecessors unanimous decisions.

E.Do not exceed the boundary of religion.


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It is proven by experience that, if individual Taqleed is not followed, mischief erupts.

Nowadays most characters are corrupted and people comply religion with own purpose.

Related Hadithes are demonstrating all information about it. This is known to the scholars.

Anyway, if individual Taqleed is not followed three dilemmas will occur.

1. Details: corruptions by leaving individual TaqleedSome people will consider themselves as Mujtaheed (jurist). They will bring all those

Hadithes, which allows the permissibility of Ijtihad and say, Ijtihaad is not specified with

only one group. We are educated, translation of Quran and Mishkat we read also or we

heard it from so and so Ulama and understood it. Then why should not be our Ijtihadaccepted? When Ijtihad will be common for everyone, just imagine how much

alterations and changes will take place! For example, possibly someone will say,

predecessors Mujtahideen took in to account those rulings, which ones are linked up

with causes. Thought like this is reasonable and sound. Similarly, rulings about wudu, I

would say, it is connected to a cause. Reason for this is that: Arab people, most of the

time used to graze their camels and goats in the field, their hands get dirty with

excretions and the same hands touches the face. So, they were ordered to make wudu,

that these places must be cleaned. On that ground, those places are washable in wudu,

which are usually unwrapped. We have a bath every day; stay in the secure homes withluxury, whole body is clean at all times. So wudu is not wajib on us. Without wudu salah

will be valid. Actually, which order is linked up with which reason and which one is not,

exclusively understood by the outstanding knowledgeable Imams. Now interfere against

it, merely a wrong idea. Or someone might say, in marriage, witnesses are not

necessary. It will be needed only where there is possibility of dispute. Otherwise in

absence of such a fear you do not need witnesses. So without witness marriage is valid.

Even it is possible, someone might take into consideration that, ruling will be in order,

despite scholars unanimously taken it off. Like Muta (marriage for a fixed period), he

will claim that, it is valid. Taking these three examples under consideration, guess how

much one has to go against unanimous decisions, taken by predecessors. It is

abandoning the D object out of five.

Reality of Ijma (unanimity)

Ethics of Ijma is that, entire scholars of the time should unify in one decision. If someone

stays away from this unity, he will be regarded that, possibly he does not have correct

evidence and will be excused from wrong. Rulings of above mentioned three examples


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are similar. Only disagreement in Muta, but because of non reliability towards

authentic evidence it is not regarded as harmful for Ijma. Normally, non participation in

Ijma is not harmful for Ijma precisely. Otherwise it will be very difficult to verify the

channels of authenticity about Quran. It is proven in Hadithes of Bukhari that, according

to Ali (r.a) recitation of called off ayat (mansukh) must be included in the Quran. HadratAbu Darda (r.a) in sura Lail WA MA KHALA QAZ ZAKARA WAL UNSA the word WAMA

KHALAQA and Ibn Masud (r.a) AUZU BILLA and BISMILLA used to consider excluded from

Quran, although it is lasted for a short period of time. But segment must be included and

non segment must be excluded; is an established fact over the ages. Everyone believes

that, Quran is protected at all times. These people were wrong in providing evidence. No

one among predecessors or successors considered it is harmful for Ijma. Instead they

were regarded as excused.

2. Some people will not do Ijtihad, neither they will follow anymujtaheed

Second dilemma is: some people will think Ijtihad is not permissible at all. So they

themselves will not do Ijtihad, neither they will follow anybodys Ijtihad too. Only they will

take external meaning of Hadith and act upon it. One downfall here is, those rulings, which

ones are silent in the text (Quran and Hadith), they will not do any Ijtihad about it. Because,

they do not consider it is lawful to do Ijtihad. So they will rather observe silence and commit

wrong actions. Obviously, it is abandoning E from above mentioned five. These kinds of

rulings are so many that, it is impossible to enumerate. It will be apparent by looking at the

Fatawas. Another thing is that, some Hadithes are definitely cannot be acted upon it by

taking external meanings only. For example:

Hadith:

Reported in Muslim that, Rasulullah (s.a.w) read Zuhar and Asr together.

Magrib and Isha together without fear or travelling (Mishkat 240)

Without excuse, it is not permissible to read two salah together. It is clear in the Hadith.

Thus, interpretation is needed for Hadith by using power of Ijtihad. Otherwise violation of D

will commence.


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3. They will not do Ijtihad themselves, nor they will act on externalmeaning of Hadith

Third dilemma will happen, they will not do Ijtihad themselves, nor will they act on external

meaning of Hadith as well. In fact, in difficult matters, they will follow non limited Imams.

Sometimes one Mujtaheed will be followed, and sometimes other Mujtaheed. In some

occasions, it will go against Ijma. For example, according to Imam Abu Hanifa wudu will be

broken by taking out blood. In this instance, this person will say, I follow Imam Shafee. So

wudu is not broken. Later on, same person touched a woman with desire of sex, as per

Imam Shafee wudu is broken. But now he will say, I am Imam Abu Hanifa s follower. This

means, his wudu is not broken. Thus, without a fresh wudu he read salah. Unanimously, his

wudu is broken although reason is different. That is why, as stated by all, this salah is not

valid. Subsequently, it is the violation of D in above mentioned rules. Even though in some

cases it will not go against as much as Ijma is concerned, but in several matters, he will

follow the one, which suits his desires. So eventually, if one Imams opinion does not meet

his wanting, then he will look for another Imam. His Ilm (knowledge) and Amal (actions) will

not be for the sake of Allah. Apparently, it will be opposed of A in fives. By leaving out

individual Taqleed these five phenomenons will be affected.

A.Sincere Intention for knowledge and deed has to be only for religion.

B.Top priority should be given on religion over the desires. I.e. desires should follow

the religion, not the other way around.

C.Safeguard oneself from any suspicious act, which is harmful for religion.

D.Not to go against rightly guided predecessors unanimous decisions.

E.Do not exceed the boundary of religion.

First issue is proved. Now second issue, i.e. these five matters are objective necessity. It is

proven by the Hadith.

1st

Hadith:

Hadrat Umar (r.a) reported to have said that, Rasulullah (s.a.w) said the

reward for deeds depends entirely on intentions, and everyone is paid inaccordance with the nature of his intention. Whoever migrate for the sake of


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Allah, he will be rewarded according to it and if migrates for the worldly affairs

(to earn it or for a woman to marry her) he will get what he desired for.

(Bukhari and Muslim, Mishkat page 3)

In this Hadith, first phenomenon i.e. obligation for sincerity of intention is apparent. Look,migration carries such a significant weight that in other Hadith it is reported that previous

one year sins are forgiven. But when worldly affairs penetrated, everything become useless.

Prophet (s.a.w) jeopardized about it. Obviously, it is for the leaving out of a wajib action.

2nd

Hadith:

Hadrat Abu Huraira (r.a) reported that, Rasulullah (s.a.w) said, If someone

learns such an Ilm (knowledge) that Allahs favour can be achieved through it.

But he uses it for the worldly gains. On the day of judgement, he will neversmell the fragrance of jannah. (Ahmad, Abu Dawood, Ibn Majah and Mishkat page 26)

How severe warning about those people who ask Fatawa to acquire some worldly benefit!

However, this Hadith is also proving the necessity of no 1.

3rd

Hadith:

Reported by Abdulla ibn Amar ibn AAs that Rasulullah (s.a.w) said, none of you

will be a proper Muslim, until your desires follow my teachings. (Mishkat page 23)

This Hadith is proof for the second object.

4th

Hadith:

A long Hadith reported by Hadrat Numan bin Bashir (r.a) that, Rasulullah

(s.a.w) said, suspicions lead you to commit forbidden actions. (Bukhari and

Muslim Mishkat page 233)

Form this Hadith it is known that, if something is doubtful, then stay away from it. Scholars

famous saying: the object leads you to haram. It is haram also.

5th

Hadith:

Reported by Atia Sadee that, Rasulullah (s.a.w) said, A person will not be

included among pious people, until he stays away from such a thing, which is

not suspicious in nature, but resemble to it. (Tirmizi, Ibn Maja, Mishkat page 234)


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According to Quran Taqwa (piety) is wajib (obligatory). In this Hadith piety is connected to

stay away from such a suspicious thing, which leads to commit sin. So, it is became wajib to

stay away from suspicious thing. It is proving B on subject.

6th

Hadith:

Reported by Abu Malik Ashari (r.a) that, Rasulullah (s.a.w) said, Allah has

saved you from three catastrophes:

1.Your prophet will not curse you that, all of you may destroy.

2.Falsehood will not over power all rightly guided people.

3.You will not unify in a wrong decision.(Abu Dawood 363)

7th

Hadith:

Narrated by Hadrat Muaz bin Jabal (r.a) that Rasulullah (s.a.w) said, verily

Satan is a wolf for men. He catches the goat which one is lost from herd and

stayed far away in the corner. Save yourselves from different sects and Link up

with a group of common Islamic scholars. (Ahmad,Mishkat page 23)

8th

Hadith:

Reported by Abu Zar (r.a) that Rasulullah (s.a.w) said, If someone separated

himself one span from rightly guided group, he pulled out an Islamic chain

from his neck. (Ahmad, Abu Dawood, Mishkat page 23)

Above mentioned three Hadithes are proving that, if Ummat E Muhammadi become united

in a decision or mutual resolution take place among them, it will not lead them to astray.

Rather, contrary to it will be astray or off the tracks. Allah says FAMA ZA BADAL HAQQE

ILLAD DALAL. Stress has been put forward towards collective decision and warnings were


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given for separatists. Thus, oppose of Ijma is non permissible and leading to astray. So it is

wajib (necessary) to act upon required Ijmas entity. This is the proof for no 4 object.

9th

Hadith:

Hadrat ibn Abbas (r.a) reported that, Hadrat Ali (r.a) asked Hadrat Umar (r.a)

O, leader of believers, you are aware of it that, prophet (s.a.w) said three

persons are free from obligations:

1.Immature, till he become an adult.

2.A sleeping person, until he woken up.

3.A mad person, until he become sane.

(Abu Dawood page 136)

This matter is so obvious that, it does not need any evidence. Moreover, this Hadith is

indicating that, except those persons who are free from obligation, everyone else is

responsible. No one is allowed to exceed the boundary of Sharia. Allah has affirmed it in the

Quran AFA HASIBTUM ANNAMA KHALAQNAKUM ABASAN in another place AA YAHSABUL

INSANU AY YUTRAKA SUDA.

So fifth object also been proven. Necessities for these five objects were the establishment of

second issue. With a grace of Allah (s.w.t) both issues are proved. So, individual Taqleed is

materialized. In brief, individual Taqleed is a pre condition for wajib, and of course

requirements are essential for necessity.


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Pre conditions are wajib too

This rule is so well known that, it does not need any explanations. Out of consent one

Hadith is prescribed.

Hadith:

Narrated by Aqaba bin Amir that, I heard from Rasulullah (s.a.w), ifsomeone

left the archery after learning it, he is none of us. Or he says he is a sinner.

(Muslim, Mishkat page 228)

It is clear that, archery is not an objective worship in Islam. But it is a pre requisite for the

time being to establish Allahs religion. That is why; warning was uttered against given up

archery. It is an example for the necessity of time. Now two misconceptions can arise

from above discussions.

1.It is proven from preceding pages that common people get misled if individualTaqleed is not followed. So it should be wajib for common people. Why this Fatawa

is given for everyone else?

Answer: common people are focused when rules are made to prevent corruption.

Considering them, rules are applied. Scholars say if something is doubtful for

common people; it is Makruh (dislike) for elite class. Regarding this, following Hadith

is presented:

Hadith:

Reported by Jabir (r.a) that Umar (r.a) came to prophet (s.a.w) and asked

him, we hear some discussion from Jews and it sound good. Could you

grant us to write down some of them? Prophet (s.a.w) said would you

like to be confused in your religion like Jews and Christians? (Ahmad,

Mishkat 22)

Since it was a strong possibility for common people to be misguided, that is why

prophet (s.a.w) prohibited it for everyone. Staunch and dedicated personality like

Umar, was not even granted the permission. From this, it is clear that, if there is a

fear for wide spread mischief, then elite people also come under prohibition in a


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condition that, it is not an obligatory action in religion. So this misconception is

removed.

Another Hadith:

Reported by Shaqiq that, on every Thursdays, Hadrat Abdullah ibn

Masud (r.a) used to give us advice. One of us begged him, our heart

desires that, may you preach us every day. He says I do not like that,

you feel bored. That is why sometimes I stop. Like prophet (s.a.w), fear

of boring used to take a break. (Bukhari, Muslim and Mishkat page 25)

It is evident that everybody in the gathering can never feel bored. Aspiration in the

question is pointing out towards it. Keeping in mind the majority people, he played

equal role for everyone and said, it was the habit of prophet (s.a.w). So this rule is

proved by the action of prophet (s.a.w). Lot of rules are based on this kind of

narrations. So this misconception is removed also.

2.Second misconception, in fact, it is nothing. Necessity of five objects definitely

proved by the Hadith. But dilemma on five objects by leaving out individual Taqleed

linked up with the experience and occurrence; not in the Hadith itself. So, if one part

proved in the Hadith while the other one is not, then how content will be

established?

Answer: what happened here, in sharia every matter happens like this. For example,

someone is 20 or 25 years old. According to all scholars and sound persons, salah is

obligatory upon him. If proof has to be asked about it, everyone will say according to

Quran and Hadith salah is obligatory on him. But Quran and Hadith say mature

person is obliged to read salah. Now whether this person is mature or not; it is not

stated in the Quran or Hadith. It has to be determined through experience and

research. No one says, one portion is not proven by Quran and Hadith, so obligation

of salah is not applicable on that person. Actually, Quran and Hadith describe only

overall rules, not the particular once.

Certainty of matter comes to an existence through observation. When any matter

appears in the Quran and Hadith, it is regarded as proven by Quran and Hadith. This

discussion will remove above mentioned misconception. Furthermore, it is

established that, this is an effective necessity not the objective necessity. Thus with a

grace of Allah (s.w.t) no doubt is left and without a speck of dust necessity of

individual Taqleed is been proved.


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Why maz-habs are limited in four

There has been a lot of Mujtahideen (jurists) in the pages of history. Why Maz-habs are

restricted in four? Moreover, why did you follow the Maz-hab of Imam Abu Hanifa?

Answer: it is proven that, Individual Taqleed is important and to accept different opinions, causes

misconduct. That is why, it is important to follow such a Maz-hab, which rules and regulations arecompiled in a manner that, latest answers are available either comprehensively or partially. So, one

does not have to turn to other views in need. It is Allahs favour that, this unique excellence earned

by four maz-habs only. Thus, one of the four maz-habs has to be selected. By choosing fifth maz-hab,

same problem will arise that; attention will reverse to four maz-habs, if the answers are not available

in fifth. So heart will carry on pedalling, until it fell in to the dilemma aforementioned. This is the

reason, to restrict the maz-habs in four. On this basis, majority scholars conducted their deeds from

ages. Some scholars added, AHLE SUNNAT WAL JAMAT is unanimously restricted in four maz-habs.

Why choose Hanafi maz-hab?

Second question, why did you choose Hanafi maz-hab?

Answer: Imam Abu Hanifas maz-hab is spread, where we are based in. Scholars and booksare available. If we choose other maz-hab, it would be difficult for us to derive rulings.

Through research and practice scholars become so expert in their own maz-hab, that they

can not go depth in the other maz-hab as that much, although reading of the books are

easy. It is apparent to a scholar.


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Anywhere you go, you still Hanafi, why?

Where there all maz-habs are spread, why are you still Hanafi over there?

Answer: Because of above mentioned vital importance, we were following Hanafi maz-hab

all along. Now switch to other maz-hab, will be abandonment of individual Taqleed.

Consequences are spoken already. Furthermore, there should be a reason for leaving one

maz-hab and take another. The person wants to switch the maz-hab; he should be qualified

to make preferences. If he does not have the ability of Ijtihad, he would not know the

reason of preferences, even if he understands a bit. it will open up a door for common

people who like to follow the desires and abandon individual Taqleed. If anything, which

leads common people to do mischief, elites are prevented from that. That is why scholars

prohibit switching the maz-hab.

If someone accepted Islam today or someone leaves non maz-hab and decided to follow a

maz-hab, why should he follow Hanafi maz-hab?

Answer: If this person in a place, where Hanafi maz-hab is spread, it is preferable for him to

follow Hanafi maz-hab. But if he is in a place, where all maz-habs are active, in this instance

he can not obliged to follow Hanafi maz-hab. Rather he has an equal choice, whichever maz-

hab his heart desires, he should follow and continue to follow the same maz-hab. If a

specific muqallid (follower of maz-hab) goes to a place, where there is no scholar available

for his own maz-hab and he himself not an Alim (knowledgeable), it is necessary for such aperson, to ask the ulama, which maz-hab should he follow? But it is a rare case. Insha Allah

our objective has been fulfilled in this chapter.


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6th object

Answers to some misconceptions

1st

Misconception

Quran rejects the Qias (analogy)

In the following verse of Quran Allah condemned Qias (analogy) and logic. INNAZ ZANNA LA

YUGNI MINAL HAQQI SHAYA. I. e. Assuming do not help to find out the truth. Analogies

themselves say, Qias is mere assuming.

Answer: First of all, Assume means not common assuming. Other wise, this verse will

contradict the Hadithes, which are in favour of Qias. Secondly, majority Hadithes are khabar

e Ahad (I. e. only one narrator in the chains of narrations). Khabar e Ahad provides, only

assuming power. Some Mutawatir (huge number of narrators) hadithes require

interpretations. Now, to accept one interpretation, is imaginary. Therefore, (may Allah

forgive) to act upon Hadithes, will be non permissible. Thus, assume does not mean

common assuming. In fact, in the verse assume means absolute determination. Another

place Allah says:

WA KALU MA HIA ILLA HAYATU NAD DUNYA NA MUTU WA NAHYA WA MA YUHLIKUNA

ILLAD DAHAR.WA MA LAHUM BI ZALIKA MIN ILMIN IN HUM ILLA YAZU NOON.

Translation: and non believers say we have only worldly life. Some of us die and some of us

are born. Only time destroy us. Yet, they do not have any proof. They just assuming.

Definitely, non believers belief that, time is the doer; is not based on assuming, actually, it

is their claim without a proof. Allah described it, as assuming. Similarly, in the first verse

assume means without proof.


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2nd

Misconception

Verse in the Quran rejects Taqleed

Hereunder this verse of the holy Quran condemned Taqleed too. WA IZA KILA LAHU MUT

TABIU MA ANZALAL LAHU KALU BAL NATTABIU MA WAJADNA ALAIHI ABA ANA AWA LAO

KANA ABA A HUM LA YA KILUNA SHAY AW WALA YAH TADUN.

Translation: When these non believers were asked to follow those rules, which Allah has

revealed. They say no, we will follow the way, which is followed by our forefathers. Allah (as

denial of their claim) saying, will they follow their forefathers in every steps? Neither their

forefathers understood the religion, nor were they guided.

It is known, that despite being availability of Quran and Hadith following the path of

forefathers is incorrect.

In another verse:

FA IN TANA ZA TUM FI SHAYIN FARUD DUHU ILAL LAHI WAR RASUL.

When disagreements take place among you, turn to Allah and His Rasul(s.a.w).

Translation of this verse is pointing out that taqleed of non believers and subject matter

taqleed, which one we are speaking about, are two different things. There are two reasonshave been described for condemning non believers tqleed:

1.They used to reject the Quran and say, we do not believe it, and we follow our

forefathers.

2.Their forefathers were illiterate in religious knowledge.

The Taqleed we are speaking about, these two reasons do not exists. Not a single Muqalleed

(follower of maz-hab) say, I do not believe in Verse or Hadith. Moreover, everyone say my

religion is Quran and Hadith. But I am an ignorant or illiterate person, unable to do Ijtihad. I

have a good faith in so and so scholar or Imam that he has a deep understanding of Quran

and Hadith. According to me whatever he understood, it is correct and preferable. Thus, I

am following the Hadith by accepting his interpretations. That is why scholars say, Qias

beautify the rules not establishes the rules. Sometime, it appears in details and sometime in

short. But purpose is same. In fact, no Muqalleed (follower of maz-hab) rejects Quran or

Hadith. The followed person is not an illiterate person. Rather, his intelligence and guidance

is well-known. Because these two reasons do not exist here, so verse does not condemn this


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kind of Taqleed. Even it can not mean common Taqleed too; other wise it will contradict the

Hadithes, which ones are in favour of Taqleed.

3rd

Misconception

Qias opposite to Hadith

In the Hadith it appears, applying logic in religion, is a blameworthy act. Logic, other word is

Qias. So Qias is not permissible.

Answer: Logic does not mean common logic. Other wise, it will contradict the Hadithes

which approve the permissibility of Qias. It means those opinions, which ones are not based

on Quran and Hadith. Only based on guess. Like in this Hadith:

Hadith:

Hadrat Ali (r.a) reported that, if religion was based on logic, then wiping socks

from underneath would have been more logical than wiping it on top. But I

saw Rasulullah (s.a.w) wiped it on top. (Abu Dawood page 291)

Contrary to it, logic of Mujtahideen (jurists) based on Quran and Hadith. It is proven by the

sayings and actions of Sahaba.

4th

Misconception

Qias condemned by Salaf (predecessors)

In condemnation of Qias, some predecessors remark AWWALU MAN QASA IBLIS, I. e. first

person, who did Qias was Satan. Therefore Qias is haram.

Answer: by the word Qias does not mean common Qias. Otherwise, it will contradict the

Hadithes which in favour of Qias. The Qias, which occurred by Satan, that he denied the

conclusive evidence by Qias, without a doubt this kind of Qias is haram. In fact, it is a kufar.

Adversely, the Qias of Mujtahideen, it is to enlighten the meaning of Quran and Hadith.


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5th

misconception

No imams said, follow me

Mujtahideen (jurists) Imams said, without a proof it is unlawful to act upon our statements.

So the person you love to follow, he himself rejects to be followed.

Answer: In this statement, Mujtahideen (jurists) did not address those people, who have the

qualification to do Ijtihad. Other wise, their statement will be against those Hadithes, which

allows the Ijtihad. (In object 1). Secondly, it will be against their own actions and other

reports as well. Nowhere it is related that, jurist must provide every answers along with

proofs. Even the fatawa books they wrote, they did not comply with such a proofs. Like

Jame e Sagir etc. It is obvious that, answer whether it is in writing or verbally, main aim is to

act upon it. So this action itself is a Taqleed. In HIDAYA AWALAIN etc is reported from Imam

Abu Yusuf that, if somebody takes out blood while fasting, and he is aware of this Hadith

AFTARAL HAJIMA WAL MAHJUM (blood sucker and sucked both has broke the fast), basis of

this Hadith, he thought that, his fast is broken and ate intentionally, then compensation

(kaffara) will be obligatory on him. Following quotation Imam Abu Yusuf provided as proof:

LI ANNA ALAL AMI AL IQTIDA BIL FUQAHA LI ADAMIL IHTIDA FI HAQQIHI AY MARIFATIL

AHADIS (Hidaya page 206).

Translation: It is obligatory for common people to follow the scholars. Because,

they are not enlightened with the meaning of Hadith.

Only this statement is enough to prove that, jurists addressee are not those people who do

not have the power of Ijtihad. In fact, they meant those people, who are capable of doing

Ijtihad. By contemplating in the statement, it become clear that the word, until proof is

pointing out towards those people who can understand the proof. Those people, who

unaware of proof, they can listen but will not enjoy it. So the person who do not understandthe proof, it is improper to force him for understanding. It is logically and religiously

unacceptable. Therefore, it is clear that, this address is only for those people, who are

Mujtaheed (scholar).


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6th

misconception

Taqleed is bidat (innovation)

There was no Taqleed In the time of Rasulullah (s.a.w), the sahaba and tabeen. That is why;

it is bidat (innovation).

Answer: It has been described in the 1st

object that, in those era Taqleed was well-spread. If

you say, it was not like todays norm. Then answer is: when these norms are included in

wider aspect of sharia, then how come it will be bidat? (Detail in the 5th

object). Other wise,

writings of Quran and Hadith will be bidat. In the initial stage, Hadrat Abu Bakar Siddiq (r.a)

had a same doubt about collecting of Quran. Later on, it was removed through enlightening

(noor) of his heart. (See 3

rd

object, 5

th

Hadith). Same settings here too.

7th

misconception

Individual Taqleed is bidat

Nowhere in the Quran and Hadith is found, the necessity of individual Taqleed. So it is bidat.

Answer: in the 5th

object we stated meaning of necessity, evidences from Hadith and related

doubt and answers.

8th

misconception

There was no maz-hab before Imams

If Taqleed is wajib, then how come predecessors, before Imams (Abu Hanifa, shafee etc)

were unaware of it?

Answer: Because, it is an effective wajib, it regulates on urgency. It is connected with need.Predecessors were not bound to this obligation, because of their noble character, clean


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hearts, moral excellence and piety. That is why; individual Taqleed was not wajib on them.

Rather, it was permissible for them.

This is the interpretation for those books, which contains the non permissibility of Taqleed. I

.e .Taqleed is connected with misconduct. When corruption erupts in the society, Taqleed

become wajib. Other wise, not. Nowadays corruption everywhere, so it is became wajib.

This kind of wajib varies time to time. Unlike the objective wajib, they do not change in any

circumstances. Once Hadrat prophet (s.a.w) prohibited the sahaba to recluse and be in

lonely. Then again he said, very soon time is coming when loneliness will be wajib. From

this, it is evident that, something may be not wajib even permissible in particular time, but

later on change of circumstances it becames wajib. Similarly, individual Taqleed might not

be wajib in previous time, but became wajib later. It is not an unusual thing.

9th

misconception

Why can not we do Ijtihad?

Ijtihad is not prophet hood, which is finished. We can do Ijtihad too. As a mujtaheed, we do

not have to follow anyone else.

Answer: Logically and as well as religiously it is not impossible to possess the power ofijtihad. But ages has passed, this power has been vanished. It is very easy to examine. Take

such a fiqh (Islamic jurisprudence) book, where no prove is been provided. Get 100

questions from different chapters. Prove it through the light of Quran and Hadith along with

your rules. Now, compare your answer with Mujthideens answers and their evidences. Your

label of understanding and their rank of thoughtfulness will be so clear, that in future you

will never take the name of Ijtihad again. It is proven to foresight people that, after the 4th

century this power has been disappeared. For instance, the profound memorising ability

Allah has bestowed the earlier muhadditheen (scholars of Hadith); nowadays it is not

familiar with anybody. Memorising ability is not prophet hood; but finished. Similarly powerof Ijtihad is not prophet hood but finished too. Power means, the special degree of Ijtihad,

which was granted to the eminent jurists. They used to derive rulings for common

contemporary issues and lay down the principles.

Give preference to one matter by comparing the evidences or derive rulings from set

principles, is not objectionable. But can not call it Ijtihad and the person can not be titled as

Mujtaheed (jurist).


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Moreover, nowadays there is no fear for Allah and no care is being found in the hearts. Even

presumably, if someone has the above mentioned quality, then it is to open up the door for

every tom, dick and harry to do whatever they want to do in religion.

10th

misconception

Understanding Quran and Hadith are easy, then why follow Maz-hab?

Quran and Hadith are very easy. Allah says in the Quran WALA QAD YASSAR NAL QURANA

LIZ ZIKRI FA HAL MIN MUDDAKIR I.e. and we have indeed made the Quran easy tounderstand.(Qamar, Ayat 17). Furthermore nowadays translations are available

everywhere. Not hard for anybody to understand. Then, why should follow Taqleed? Better

to do amal (act) by looking at the books.

Answer: The Hadithes which are written in third object, 1st

Hadith is indicating that, in the

Quran, some meanings are clear on subject and some are complex and hidden. Above

mentioned verse is indicating towards clear meanings of Quran. Ijtihad is needed for the

complex and hidden meanings. Overall going through in the 3rd

object, one will realize how

much deep understanding is required to know the complex and hidden meanings of Quran.

11th

misconception

Taqleed against Hadith

It is stated in the Hadith AD DINU YUSRUN I e religion is easy. Because of restrictions

Taqleed is difficult. So it is against religion.

Answer: Religion is easy; it does not mean that, heart must not feel any difficulties.

Otherwise, what will be the meaning of verse WA INNA HA LA KABIRATUN ILLA ALAL KHA

SHI EEN it is indeed hard, except to those who are humble. (2:45). It is against practical

custom too. Is it not hard to fast in summer? Is it not difficult to make Wudu in cold days? Is

it not challenging to get up from deep sleep for salah? In fact, there is no decree has been

issued in religion, which goes against human nature. In other verse Allah says LA YU

KALLIFUL LAHU NAFSAN ILLA USAHA. I.e. on no soul Allah place a burden greater than it

can bear.( Baqara, ayat 286) So in this point of view individual Taqleed is easy. That is why

it is not against religion. Beside this, in the 5th

object individual Taqleed has been proved

separately, so no scope for such a question.


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12th

misconception

Follow sahaba, not Imams

If Taqleed has to be followed, then follow the sahabas like Abu Bakar, Umar etc. Why four

Imams?

Answer: It is stated in the 5th

object that, for Taqleed is required an established Maz-hab.

unfortunately, none of the sahabas Maz-hab is existing. Moreover, through four imams

following of sahabas are carrying on.

13th

misconception

Following the clear matters in the Quran

Those matters, which are clearly described in the Quran and Hadith, is it necessary to follow

maz-hab in these matters?

Answer: These types of matters are three kinds:

1.Ayats (verse) or Hadithes are conflicting.

2.Ayats or Hadithes are not conflicting, but meanings comprises of different

possibilities. So depending on various views, some meanings are more preferable

than others.3.

No contradictions in anyway, and one meaning are obtainable only.

To remove conflict in the first category, a jurist must do Ijtihad and non jurist should follow

the rules (Taqleed). Second category is called assuming evidences, to accept one meaning

from various possibilities require Ijtihad and Taqleed. Third category called affirmed

evidences. Here we do not allow Ijtihad or any taqleed too.


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14th

misconception

Some masalas are against Hadith

Some Masalas are against Hadith, why Taqleed is followed there?

Answer: if these three objects are found in a masala, then it can be classified as opposite to

Hadith. These three objects are:

1.The meaning of the masala is correct.

2.Aware of its references.

3.Sufficient knowledge for reasoning.

If any one of these objects does not exist, then it will be wrong to say opposite of Hadith.

For example, Imam Abu Hanifas famous opinion, salatul istisqa (salah for rain) is not sunnat.

It seems that, this opinion is against Hadith, because salatul istesqa is proven by the Hadith.

So statement of Imam Abu Hanifa means, salatul istisqa is not an emphasized sunnat. Since

prophet (s.a.w) in a plain field sometime read salah for rain and some time just made a dua

without salah. Bukharis this Hadith may present in this regard:

Hadith:

Reported by Anas (r.a) that, while prophet (s.a.w) was giving sermon on

Friday, somebody stood up and requested, O prophet of Allah, all horses and

goats are dying. Please, make dua to Allah for rain. Prophet (s.a.w) raised his

hands and made dua. (1st volume page 127)

There is hardly any masala goes against Hadith. All masala based on Hadith. If any is found,

right away Imam changes his fatawa. Lot of evidences like this in the fiqh books can beretrieved. (Summarized)


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15th

Misconception

Why maz-habs are limited in four?

Lots of jurists have passed in history, then why maz-habs defined in four?

Answer: in the 5th

object we stated that others maz-habs are not recorded. So, sorry.

16th

Misconception

Claiming ijma on four maz-habs

Some people claim, Ijma (unanimousity) on four maz-habs. In every century some scholars

are found against Maz-hab.

Answer: Probably, aim by Ijma is majority ummats opinions. This kind of Ijma is assuming

ijma. To prove this claim, assuming evidence is enough. Oppositions demand was not

considered as important over the ages. Detail were discussed in 5th

object that, all

disagreements are not harmful for Ijma. Beside that, reason is proved separately in 5th

object, so even if there is no ijma, no harm.

17th

Misconception

Following an unknown person

If individual taqleed is necessary, then a known person must be followed. Other wise

common people, who do not even know Imam Abu Hanifa, they will be in error. Because

without knowing a person, adherence can not be perfected.

Answer: Knowing is common between wider aspect and abridged characteristic. Those

people who do not know Imam Abu Hanifa in detail, but they have a brief recognition about

him. They follow a local Alim (scholar) in a sense that, this Alim is an adherent of a

functioning maz-hab locally. Like obey Amirul muminin (leader of Muslims) is wajib, when

he is in power. It is also depend on his recognition, but hundreds of people follow him

without knowing him personally.

Main object is to conform, not disagreement; and it can be achieved by overall recognition.

Similarly, purpose of individual Taqleed is to stop sign of corruption and desire worshiping.


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18th

Misconception

Hanafis majority proofs are weak

Those Hadithes are provided by Hanafi maz-hab as references, majority of them are weak.

Some of them are non provable. Contrary to this, other maz-hab have stronger and

preferred Hadithes. Why acting upon non preferred one and leaving the stronger one aside?

Answer: first of all, to say majority proofs are weak is not acceptable. Lot of proofs are taken

from six authentic Hadith books (siha sitta). By going through in references, subsequently itbecome evident that, the Hadithes are taken from other books are authentic according to

standards of muhadditheen (scholar of Hadith). Because, it is not necessary that, all

authentic Hadithes would be in sihah sitta (six authentic Hadith books) only, or other way

around, I. e. only siha sitta contain sahih Hadithes. It is known to scholars.

The rules classify the Hadithes as weak and strong, are imaginary. In some cases,

muhadditheen are divided too. Main point here is to confirm, whether the narrator is sound

or not. Obviously, this rule is also imaginary.

When these rules are imaginary, is it necessary for everybody to grade them as proof? If a

scholar formulate a different rule and put them in action, why will it be rejected? But it is

possible that, a Muhaddith may not consider it as proof, while a jurist will go for it.

Secondly, Hadithes are not weak in its nature. Weakness occurs because of narrator.

Probably, a Hadith reached to a jurist by authentic chains and later on, a weak narrator

came in. So later weakness can not harm the former authenticity. If question arises, what

about succeeding followers proofs, then the answer will be, a follower provides the proof

willingly. His proof is his jurist. Beside that, when a jurist had considered this Hadith as proof

and proof depend on authenticity, it means; jurist has certified this Hadith already. Scholarssay AL MUJTAHIDU IZAS TADALLA BE HADITHIN KANA TASHI HAN LAHU MINHU (when a

jurist takes a Hadith as proof, it is like; he himself is the authority for that Hadiths

authenticity). Even chain of narration is unknown. Like TALIKAT E BUKHARI, so this Hadith

will be authentic to a follower. Therefore, it is correct to present this hadith as proof.

Thirdly, invalid proof does not invalidate the content. Because it is possible, this content is

proven by other authentic evidences. Like Qias (analogy). So any weak Hadith or non

provable evidence does not annul the subject matter. If it is proven that, there is no valid

evidence or it is goes against clear Hadith, then answer we gave briefly in 14th

misconception and inshallah in object 9, we will speak in detail.


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19th

Misconception

Imam Abu Hanifa (may Allah forbid) was not a Mujtaheed

If following of maz-hab is necessary then, follow a proper Mujtaheed (jurist). Imam Abu

Hanifa was not a Jurist. A jurist requires vast knowledge of Hadith. According to some

historian Imam Abu Hanifa knew only 17 Hadith. Some say he is a weak narrator. Therefore

we can not rely on his masalas neither his narrations will be reliable.

Answer: The historian, who made this comment about Imam Abu Hanifa, he himself wrote

in the same book concerning Imam Abu Hanifa, he is a great jurist in Hadith; scholars

regarded his maz-hab trustworthy and reliable in analysis and acceptance. According to

complainer, a jurist must have vast knowledge of Hadith, yes, it is. View of this historian,

Imam Abu Hanifa is a jurist. So obviously, he is a Muhaddith (scholar of Hadith) too. Thus,

whatever he wrote, it is against his own research. May be, it is his mistake or some other

writers or transcribers mistake. Or may be, this comment was made for someone else,

mistakenly he quoted it by Imam Abu Hanifas name. The word it has been said pointing

out towards this weakness. Furthermore, this comment is against logic and facts. If

interpretation is not done here, then this comment will be void.

If someone reads Imam Muhammads MUATTA, KITABUL HAJJ, KITABUL ATHAR, SEEOR E

KABIR, and Imam Abu Yusufs KITABUL KHIRAJ, MUSANNAF E ABI SHAIBA, MUSNNAF E

ABDUR RAZZAQ, DAR E QUTNI, BAIHAQI and books of TAHAVI, and counts, all narrations of

Imam Abu Hanifa, then he will realize, how grave this lie is!

According to some scholar of Hadith, like IBN HAJAR ASQALANI in one narration, Imam Abu

Hanifa, is from TAB E TABEEN (second generation from sahaba)and other scholars view,

like KHATIB BUGDADI, DAR E QUTNI, IBNUL JAUZI, NAWAWI, ZAHABI, WALIUD DEEN IRAQI,

IBN HAJAR MAKKI, SUYUTI and one narration of IBN HAJAR ASQALANI, Imam Abu Hanifa is

from among TABEEN (who met sahaba). The person who was so closer to prophet (s.a.w) ,and the era was filled with widespread religious knowledge, common sense does not agree

that, this person knows only 17 Hadithes! Yet, historian himself clarified that, if any

historical fact goes against obvious common sense, it will be rejected. So this misconception

is removed that, Imam Abu Hanifa is not a jurist.

Other thing he is a weak narrator-----Zahabi in TAZKIRATUL HUFFAZ related that, Ibn

Mueens quoted regarding Imam Abu Hanifa, nothing wrong with Imam Abu Hanifa and he

is not in err. Ibn Mueen, who is such a great critics, remark like this, it is equal to Ibn Hajar

etcs remark as trustworthy.


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Ibn Abdul Barr says, Ali ibn Madani reported:

1.SAURI

2. IBN MUBARAK

3. HAMMAD BIN YAZID

4. HISHAM

5.WAQEE

6. UBAD BIN AWAM

7. JAFAR BIN AUN

Above mentioned all narrators reported from Imam Abu Hanifa and all of them were

trustworthy. There was no speck of doubt about them. Shubas opinion about him was very

good. Yahiya ibn Mueen said, our people exceeded the limit about Imam Abu Hanifa and his

companions. Somebody asked him, Does Abu Hanifa narrate fake Hadith? He replied, NO.

After such a great predecessors declarations, there should not be any wickedness about

Imam Abu Hanifa.

(All this informations are taken from moulana Abdul Hay Lacknowis UMDATUR REWAYAH)

20th Misconception

Imam Abu Hanifa was a Murjia

In GUNIA, companions of Abu Hanifa are branded among Murjia sect. So Hanafies are

erroneous people.

Answer: I do not have GUNIA at the moment. Other wise, I would have gone through and

checked it out. Right now, I can quote a statement from SHARHE MUAFIQ, where allerroneous groups are listed. Among them, one sectarian leader called GASSAN KUFI, he

used to describe himself as a Murjia and connected to Imam Abu Hanifa. In fact, it was a

blame on Imam Abu Hanifa. His aim was, to spread his ideology by using Imam Abu Hanifas

name. Allamah Amadi said despite that, everyone considered Imam Abu Hanifa and his

companions are from MURJIA AHLE SUNNST WAL JAMAT. Most probably, in the previous

days Mutazilas used to brand anybody, who oppose them in the matter of fate, as Murjia.

Or may be, because Imam Abu Hanifa opined, Iman is the conviction of heart. It does not

increase or decrease. that is why rumour spread that, Imam Abu Hanifa is a Murjia. In fact, it

is not the case. From above mentioned statement, some answers are derived:


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1. Gassan spread rumour about Imam Abu Hanifa to gain his evil target.2. Out of jealousy Mutazila branded ahle sunnat as murjia and Imam Abu Hanifa was

included there.

3. A misconception took place regarding Imam Abu Hanifas explanation of Iman. Sointerpretation needed for GUNIAs statement, or may be something wrong inreporting this statement. Because Murjias ideology is condemned and it is written in

Imam Abu Hanifas book. Then how can he be a Murjia?

21st

Misconception

Instead of Muhammadi why do you call yourself a Hanafi?

Instead of attributing yourself to prophet (s.a.w) and saying MUHAMMADI, why do you call

HANAFI? Is it not a sin and shirk?

Answer: HANAFI means, who follows the maz-hab of Imam Abu Hanifa.

Hadith:

Reported by Irbaz bin Saria that, Rasulullah (s.a.w) said, follow my way of life

and the life style of rightly guided caliphs. (Ahmad, Abu Dawood, Tirmizi and Ibn

Majah. Mishkat page 22)

Look, in this Hadith prophet (s.a.w) attributed and referred the religious conducts to rightly

guided caliphs. It means, religious matters can be attributed to a non prophet depending on

circumstances. Thus, if someone attributed maz-hab to Imam Abu Hanifa, what sin is it?

What shirk did he commit? Maz-hab is a religious way, which Imam Abu Hanifa did

interpretation. Someone following him in a sense that, Imam Abu Hanifas interpretation is

most preferable to him. If he was attributing Imam Abu Hanifa (May Allah forgives) as an

owner of the rules, then definitely it would have been shirk. In this sense, it is notpermissible to attribute towards prophet (s.a.w) too.

Allah says WA YAKU NAD DINU KUL LUHU LILLAH, I. e. all religion belong to Allah. Is there

any Muslim who will attribute Islam to a non prophet or beside Allah to someone else?

When distinction needed between Christianity and Islam, then it is said, Muhammadi and

when aim is to point out towards one Muhammadi route, then it is said, Hanafi etc. This

time to say Muhammadi is earning the earned one. Circumstances are different. Without

Muhammadi no one is Hanafi.


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22nd

Misconception

Why sometime Imam Abu Yusuf and sometime Imam Muhammad?

Sometime you follow Imam Abu Yusuf and sometime Imam Muhammad, even sometime

other Imams too. So you are not following a particular person. Then where is individual

Taqleed?

Answer: In root principles both (Imam Abu Yusuf and Muhammad) are followers of Imam

Abu Hanifa. Only in some minor cases, they opposed Imam Abu Hanifa, but rules are derived

from him. According to RASMUL MUFTI, there is no harm to follow them in these cases. It

does not mean, giving up individual Taqleed. Because, following a person is nothing but

rules.

Regarding other Imams, it happens in extreme cases. It is acceptable in sharia. The

corruption occurs by abandoning Individual Taqleed; does not turn out here. Object of

individual Taqleed, is to stop corruption and it is still exist here.

23rd

Misconception

Chains of narration do not reach to Imam

From followers to Imam, Chain of narration is unknown. So it is improper to follow a

statement, whose chain of narration is unknown.

Answer: Chain of narration is required for a strange report, not for those reports, whose

narrators are enormous. For the same reason, chain of narration was not considered

important for Quran. Similarly, these statements reach to Imam in enormous ways. Because,

when these statements were delivered from Imam, substantial amount of people were

engage to pass it on to each other. So naming them is not important; important is: these

reports trustworthy. Or in some cases may be not, but it is sufficient to act upon them.


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24th

Misconception

Jurists are divided in some cases and quite in some cases

In some cases, jurists reports are conflicting and in some contemporary matters, their

rulings are unavailable. In the first case, one can not make up his mind what to do, and in

the second one, permitting the Ijtihad, which is eventually open up the door for corruption.

Answer: Firstly, the critical cases, who may lead to corruption because of differences of

opinions, they are steady and answerable. In these extreme cases, jurists has given the

opinion as preferable and non preferable. So there is no doubt arises here. Where there is

both sides are equal, although it is a rare case, but principle for all maz-habs are same, so

there is no fear for corruption.

Regarding contemporary matters, ruling will be derived from the particular maz-habs

principles and it is carrying on ti

essence of taqleed/madhab by moulana ashraf ali thanvi (ra)

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