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How does following various Scholars constitute following ones desires

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: 

  1. Could the respected Scholar please explain how following the verdicts of various Scholars constitutes following ones desires when the verdict is from the Sharia’ah and not ones desires?
  2. What is meant by Nabi sallahu alaihi wasalam chose, encouraged and advocated the easiest way, manner path etc. if there were options?

  3. Does the quoted Ayah and Hadith refer to following the verdicts of Scholars? or following one’s own analogy and outcome?

Bismillaah

A:  Despite the four madhab’s (Hanafi, Maaliki, Shaafi’ee and Hanbali) being based upon Quraan and the Sunnah, the four Imaams of fiqh are all unanimous upon the fact that it is impermissible for one to randomly choose from the four schools of thought the verdict of that Imaam which he deems correct. They regard this as “ittibaa-e-hawa” (following one’s desires). Perhaps you may get a clearer picture and a better understanding from the following example:

A person starts a business which he intends establishing. In the interest of the business, certain measures have to be instituted. However, according to majority of the Ulama instituting such measures are impermissible in Islam. Hence, the person goes around ‘fatwa shopping’ to see whether he can find a fatwa which suits him and which will allow him to make those changes in his business. Thus he comes across an Aalim who issues the verdict of permissibility in that particular issue. The person then opts for the isolated opinion and verdict of that Aalim and begins instituting the impermissible measures in his business. Any person with sound understanding and a sense of justice will accept that this is nothing but subjecting Deen to one’s passions and desires. This is not only confined to one’s business, instead it is applicable to all departments of Deen.

Following the Mubarak lifestyle of Rasulullah (Sallallahu Alaihi Wasallam) is the criteria for success. Hence, wherever a situation arose between two permissible things, Rasulullah (Sallallahu Alaihi Wasallam) always chose the easier path in order that his ummah may be able to easily follow him and adopt his Mubarak Sunnah (e.g. when making wudhu one has an option of using hot water or cold water. This is not viewed as a contradiction in any way).

The Aayat and Hadith are general. Just as it includes following one’s own analogy and outcome, it also includes using Deen and the verdicts of Ulama as a pretext for reaching to one’s personal interests and objectives. Rasulullah (Sallallahu Alaihi Wasallam) has foretold that before Qiyamah most people will be seen following their desires. Presently we find ourselves in that era, hence it is best that we do not adopt this approach.

Refer to a detailed article “What is wrong if one Refers to the Qur’an and Hadith Directly?” on our website:

http://ihyaauddeen.co.za/?series=taqleed-2&paged=3

http://ihyaauddeen.co.za/?series=taqleed-2&paged=4

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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