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TAQLEED- I am a Hanafi and would like clarification on the following and Taqleed of the four great Imams.

Answered as per Hanafi Fiqh by Askimam.org

1st-I need to know if there is any authentic Hadith from RASULLULAH(SAW) that his Ummah will have to follow one of the great Imams-although they were not even born in the time of the demise of RASULLULAH(SAW). 2ND-Some Hanafi Ulamma have the tendency of over stressing this Mathab and neglect the other Mathab’s. Bu doing this a person would believe that for example Imam Shafi was NOT (Authu-Billah) a Muslim by making Calamari Halaal to consume. These simple issues are causing major concern especially amongst the youth and my fear is that my children are exposed to thoughts that make great people seem insignificant in the eyes of Ulammah that promote ‘thier’ school of thought. This in no way makes us ‘Salafi’ but this is reality that faces the Ummah – please comment – Jazakallah-Khair

Answer

Indeed obedience in its true sense belongs only to Allah which is the requirement of Tauheed. Even the obedience of the Prophet (S.A.W.) has only been prescribed for us because of him being the messenger of Allah conveying the divine commandments to us. It is therefore required of us that we follow the Qur?an, being the direct commandment of Allah and the Sunnah being the indirect form of commandments.

But the interpretation of the Qur?an and Sunnah require an intensive and extensive study which is not an easy job and cannot be undertaken by every layman. It will be virtually impossible for him to consult the Qur?an and Sunnah in each and every problem arising before him due to his lack of knowledge with regards to the relevant material required for inferring the rules of Shari?ah from the Qur?an and Sunnah.

The only solution to this problem is that a group of people should acquire this knowledge and others should consult them in their day to day affaires as the Almighty Allah mentions in the Holy Qur?an: ?And the believers should not proceed all together. So, why does a party from each faction among them not proceed, so that they may acquire sound understanding on Deen, and so that they may admonish their people when they return to them, so that they may take precaution?? (Surah Taubah, Verse 122)

Now if a person asks an authentic ?Aalim regarding a specific ruling of the Shari?ah, it would not be said that he has taken that particular ?Aalim to be the subject of his obedience; rather, being ignorant of the commandments of Allah and his Messenger (S.A.W.), he has consulted that ?Aalim in order to know what is required of him to do to carry out the commandments of Allah. This is what Taqleed means.

The qualified Muslim jurists or Imams have thoroughly studied the Qur?an and Sunnah and devoted their lives for this very purpose. They collected the rules of Shari?ah according to their respective interpretations of the Shari?ah. This collection is called the ?Math-hab? of that jurist. Thus the Math-hab of an Imam is nothing different to the Shari?ah; in fact it is the interpretation of Shari?ah and a collection of the rules of Shari?ah arranged in subject form for convenience sake. Therefore following a Math-hab of a particular Imam or jurist is in actual fact following the Shari?ah through the interpretation of an authentic jurist who he believes to be the most knowledgeable in the matters of Shari?ah.

As for the differences of the Mathaahib (Math-habs), it has emerged through the different possible interpretations of the rules inferred from the Qur?an and Sunnah. The cause of this difference can be when either of the following situations arises:

1. The expression used in the two Holy sources, Qur?an and Sunnah, may permit more than one interpretation and jurists may differ in interpreting that expression. One jurist, after making adequate research would prefer one interpretation while the other jurists may prefer the other interpretation.
2. Sometimes two traditions of the Prophet (S.A.W.) seem to contradict apparently. In this case also the jurists, after reconciling these traditions prefer some over the others and this may also lead to the viewpoints of the jurists differing.

3. There are some issues that are not mentioned in the Qur?an and Sunnah. The solution to this problem is sought through Qiyaas (analogy) or some kind of expression found in the Qur?an or Sunnah that indirectly refers to that particular issue. Here also the jurist may differ in their approaches to inferring the correct solution from the Qur?an and Sunnah.

In the abovementioned situation, a jurist who has the necessary qualifications of Ijtihaad (Independent judgment in a legal or a theological question based on the interpretation and application of the four Sources) will be discharging his duty by exerting the best of his efforts to discover the actual intention of the Qur?an and Sunnah. Another jurist may disagree with his interpretation but he can never accuse him of violating the Shari?ah nor can he accuse the followers of that particular Imam to be following something other than Shari?ah.

There are four Math-habs which are well arranged and well preserved till today and are taken to be the most reliable in the interpretation of the Shari?ah. These are Hanafi, Shafi?i, Maliki and Hanbali. By following one of these Math-habs in the matters of interpretation of the Shari?ah, one will be discharging his obligation of following the Shari?ah. (Contemporary Fataawaa, Page 215-220)

One question that arises here is that why one is obliged to follow only one of the four Math-habs when all of them are correct?

The answer to this question is that if people are left free to follow any Math-hab at given moment and situation then this will undoubtedly lead to people making their desires subject of obedience which is Haraam as mentioned in the Holy Qur?an:

?Did thou see him, who took his vile desires for his deity, and in spite of all the comprehension, Allah misguided him and sealed off his ear and his heart, and set a veil over his eye? Now After Allah, who will guide him? Will you then not take heed?? (Surah Jaathiyah, Verse 23)

?Have thou seen that person who took his lust for his deity? So, will thou stand surety for him?? (Surah Furqaan, Verse 43)

If one faces a situation that is in his favour then he follow one Math-hab and if another situation arises that is going against him then he will switch his Math-hab and follow a different one as it suits him. In this way Deen will become a mock. Therefore it will be necessary to choose one Math-hab and follow the commandments of Shari?ah as interpreted by the Imam of that Math-hab. (Jawaahirul Fiqh, Vol. 1, Page 151)

and Allah Ta’ala Knows Best

Mufti Muhammad Ashraf
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