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Questions on Taqleed, etc

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum

Dearest Mufti Saheb

I am sorry – you have not answered one bit of my question

Jazakallah-Khair

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

1st-I need to know if there is any authentic Hadith from RASOOLULLAH (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 RASOOLULLAH (SAW).

2ND-Some Hanafi Ulamaa 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 Ulamaa that promote ‘their’ school of thought. This in no way makes us ‘Salafi’ but this is reality that faces the Ummah – please comment – Jazakallah-Khair


Answer:

 

                  

 

 

  1. The reason for following a Math-hab of a particular Imam (although no explicit text is found regarding it in the Qur’an and Sunnah) was mentioned in the first answer.
  1. As mentioned in the first answer, an Imam of a particular Math-hab has no right to accuse the other Imam of violating the Shari’ah, because each of them has interpreted the Shari’ah according to his sound understanding of its sources.  In the same way, no ‘Aalim being the follower of a Math-hab has the right to consider the other Math-habs or its Ulamaa and its other followers to be against the Shari’ah nor does he have a right to make it seem insignificant.

Every individual has the right to follow the Math-hab of that Imam who he/she feels is more knowledgeable and pious, and one should follow that Math-hab in each and every issue that arises before him without switching Math-habs.  (The reason for this was mentioned in the first answer). 

It would be completely wrong for an ‘Aalim to stress on his Math-hab while making the other Math-habs look insignificant.  The views and interpretations of every Imam should be respected by the others.

An ‘Aalim does not always stress on his Math-hab with intention of neglecting the other Math-habs, because in the Hanafi Math-hab itself there are many instances wherein the views and the interpretations of the other Imams are given preference to.  (But only those Ulamaa who have reached the stage of Ijtihaad have the right to take rulings from the other Math-habs after fully analyzing the situation, if no other solution is found for the problem within the Math-hab itself).

An ‘Aalim usually stresses on his Math-hab in order to prevent those who switch Math-habs every now and then just to fulfil their desires (which is Haraam).

For example, many followers of the Hanafi Math-hab eat calamari which is stated to be impermissible according to Imam Abu Hanifah.  In order to justify this, they base their argument on it being Halaal according to Imam Shafi’ee.  Indeed Imam Shafi’ee has taken calamari to be Halaal after studying and interpreting the ruling regarding this issue in light of Qur’an and Sunnah to the best of his knowledge, and no one has the right to accuse him of violating the Shari’ah, but a Hanafi should follow the view of Imam Abu Hanifah in this case also as he would do so in every other issue.  A Hanafi who follows Imam Shafi’ee in his ruling on calamari would be in actual fact following him just to fulfil his desires.      

 

And Allah Ta’ala knows best

Qasim bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

17 August 2004

30 Jumaadul Ukhraa 1425

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