Taqlid

[Abba]

Assalamoalaikum!

I have question for my Sunni brothers.
Most of my friends are Hanafis.I pray in a Hanafi mosque.We agree with each other in almost all things except one......Taqlid.

Why is it necessary to do Taqlid for one Imam.Why i have to choose or restrict myself to one.Aren;t they all an asset of Islam.Why can't we take from all.

Now i know that salafis reject Taqlid BUT i find "Practically" they are no different,as they take everything from Ibn Taimiyyah.One salafi said to me that every human can make a mistake but Ibn Taimiyyah makes no mistake in matters of deen and i i said brother u r also like muqallids.

Plz tell me in light of Quran and Sunnah.
Wassalaam

[Mossy]

Well. Four major imams. Each one of these had his own "usul".

What's that? It's an axiomatic system that he postulated to derive an understanding of the Shariah.

Eg, what comes higher as an evidence - unclear ayat or a mutawatir hadith? Tradition or hadith? What happens if there's no precedent for the issue at hand?

So the differential between each school is that the basic system they use differs - different approachs for trying to search out the same Truth.

If you mix and match rulings, it could be that you'll come out with a final ruling/set of rulings that aren't valid under any systematic system of derivation. Eg a ahad hadith is used in the daleel of one, but rejected for another. Search for "talfiq" for more information on this.

Taqleed is not to a scholar - it's to a school. Within every school there are a mass of variant positions on the furu (branches). Different schools have different takes on what level of choice you have with regard to non-majority (but valid positions), again stemming from the different in their axiomatic bases.

I hope that helps a bit.

[Sadiq]

Assallamu aliakum..

Cant add much to what brother mossy has said, and there are many members here who can be of more help to you...

But the answer, follow the link, given by Mufti Taqi Uthmani, someone of great scholarly background, and one of the leading scholars of islam, he wrote the answer to a similar question on taqleed, which i hope clears some of the confusion which you face, which we all face, time to time...Its a very simple fatwa, answer to the question of taqleed.

There are many articles located on masud.co.uk, but this link below should clear some of your doubts.

If you have any questions, do post it, and members will be able to help you, insha-allah...

Taqleed or following an Imam in the matters of Shari‘ah

This is the quote which i always use and read, and something that should make this concept of taqleed a bit more clear for you...hmm...

"Another metaphor might be added to this, this time borrowed from astronomy. We might compare the Quranic verses and the hadiths to the stars. With the naked eye, we are unable to see many of them clearly; so we need a telescope. If we are foolish, or proud, we may try to build one ourselves. If we are sensible and modest, however, we will be happy to use one built for us by Imam al-Shafi'i or Ibn Hanbal, and refined, polished and improved by generations of great astronomers. A madhhab is, after all, nothing more than a piece of precision equipment enabling us to see Islam with the maximum clarity possible. If we use our own devices, our amateurish attempts will inevitably distort our vision." From the famous article/book written by Shaykh Abdul Hakim Murad, full article on masud.co.uk..

take care..

[faqir]

The following is some relevant Q&A from Mufti Taqi Uthmani on this issue:

http://www.victoryscent.co.uk/4madhabs_1.htm

The above outlines the opinion of the subcontinent based Hanafis.

[faqir]

Seeking Out Dispensations & Following Another School - From Sheikh Nuh Keller's Reliance of the Traveller


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Faraz Notes: The Hanafi texts mention basically the same ruling...



c6.3 (n Since it is permissible for a Muslim to follow any of the four Imams in any of his acts of
worship, comparison of their differences opens another context from discussing dispensation and
strictness, a context in which classical scholars familiar with various schools often use the term
"dispensation " to refer to the ruling of the school easiest on a particular legal question, and "strictness"
to refer to the ruling of the school that is most rigorous. Which school this is varies from question to
question. The following entry discusses how and when it is permissible for ordinary Muslims to use
dispensation in the sense of following easier rulings from a different school, while entry c6.5 discusses
the way of greater precaution (al-ahwat fi al-din) taken by those Muslims who purposely select the
strictest school of thought on each legal question because of its being more precautionary and closer to
godfearingness (taqwa).

c6.4 Scholars frequently acknowledge that the difference of the Imams is a mercy, and their unanimity
is a decisive proof, Sheikh `Umar Barakat, the commentator of 'Umdat al-salik, says:

"It is permissible to follow each of the four Imams (Allah be well pleased with them), and permissible
for anyone to follow one of them on a legal question, and follow a different one on another legal
question. It is not obligatory to follow one particular Imam on all legal questions" (Fayd al-llah al-Malik
(y27), 1.357).

This does not, however, imply that it is lawful to indiscriminately choose dispensations from each
school, or that there are no conditions for the above mentioned permissibility. Imam Nawawi was
asked for a formal legal opinion on whether pursuing dispensations in such a manner was permissible;

(Question "Is it permissible for someone of a particular school to follow a different school in
matters that will be of benefit to him, and to seek out dispensations?"

He answered (Allah be well pleased with him), "It is not permissible to seek out dispensations [A:
meaning it is unlawful, and the person who does is corrupt (fasiq)], and Allah knows best" (Fatawa al-
Imam al-Nawawi (y105),113).

But when forced by necessity or hardship to take such a dispensation (A: even retroactively as when one
has finished the action, and then makes the intention to have followed another Imam's school of thought
on the question), then there is nothing objectionable in it, provided that one's act of worship together
with its prerequisites is valid in at least one of the schools. One may not simply piece together (taliq)
constituent parts from various schools in a single act of worship, if none of the schools would consider
the act valid. An example is someone who performs an ablution that is minimally valid in the Shafi'i
school by wetting only a few hairs of his head in the ablution sequence, something not permitted by
Hanafis, and then prays behind an imam without himself reciting the Fatiha, something permitted by
Hanafis but not shafiis. His ablution, the necessary condition for his prayer is inadequate in the Hanafi
school and his performance of the prayer is inadequate school, with the result that neither considers his
prayer valid, and in fact it is not, Whoever follows a ruling mentioned in this volume from another
school must observe the conditions given at w14 and make sure his worship is valid in at least one
school, which for prayer can best be achieved by performing all recommended measures in the present
volume relating to purity, for example, e5,e11, and so on, as if obligatory.

c6.5 A second way to use differences between schools is to take the way of greater precaution by
following whoever is most rigorous on a given question. For example, when performing the purificatory
bath (ghusl), rinsing the mouth and nostrils with water is a nonobligatory, sunna measure according to
the Shafi'i school, but obligatory and necessary for the purificatory bath's validity according to Hanafis.
The way of greater precaution is for the Shafi'i to perform it as diligently as if it were obligatory, even
though omitting it is permitted by his school.

(`Abd al-Wahhab Sha'rani My brother, when you first hear of the two levels of this scale (n:
dispensation and strictness), beware of jumping to the conclusion that there is absolute free choice
between them, such that an individual may without restriction choose either dispensation or strictness in
any ruling he wishes. It does not befit a person able to perform the stricter ruling to stoop to taking a
dispensation permissible to him. (A: The more rigorous is always preferable in the Shafi'i school even
when the dispensation is permissible.) For as you know my brother, I do not say that the individual is
free to choose between taking the dispensation or taking the stricter ruling when he is able to perform
the stricter ruling obligatory for him. I take refuge in Allah from saying such a thing, which is like
making a game of religion. Of an absolute certainty, dispensation are only ofr someone unable to
perform the stricter ruling, for in such a case , the dispensation is the stricter ruling in relation to him.

Moreover, I hold that mere sincerely and honesty demand of anyone who follows a particular school
not to take a dispensation that the Imam of his school holds is permissible unless he is someone who
needs to; and that he must follow the stricter ruling of a different Imam when able to, since rulings
fundamentally refer back to the word of the Lawgiver, no one else; this being especially necessary when
the other Imam's evidence is stronger, as opposed to what some followers do.

We find among the dictums of the Sufis that one should not follows a position in Sacred Law for
which the evidence is weaker except when religiously more precautionary than the stronger position.
For example, the Shafi'i opinion that (n:a male's) ablution is nullified by touching a girl who is a child or
touching the nails or hair of a woman: though this position is considered weaker by them (n: than the
position given at e7.3),it is religiously more precautionary, so performing ablution for the above-
mentioned things is better (al-Mizan al-kubra (y1230,:10-11).

(A: Because more rigorous rulings necessarily meet the requirements of less rigorous ones (though
not vice versa), following more rigorous rulings from another school is unconditionally valied, unlike
following its dispensations. And Allah knows best.)

[faqir]

Asalamu alaykum,

For me, the following post summarises this issue perfectly.

From www.sunnipath.com



Objection to Following Another Madhhab Answered


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Objection: If a person is a Hanafi, then he should he should only follow his mazhab. he should not be taking things from the other mazhabs and mix it with his mazhab. Because then this person would be following his desires (Nafs) and not following his mazhab. As in the case of menstruation, A person is not allowed to recite the qura`n, except those verses which are presribed as (or read as duas), and a husband is not allowed to have intercouse with his wife.


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Walaikum assalam,

You are confusing two issues:

(a) Following another madhhab completely in a complete action, and

(b) mixing the positions of more than one madhhab within one action, in such a way that it is not independently valid in either one (talfiq).

The latter is impermissible and invalid according to the fuqaha. Ibn Abidin (imam of the late Hanafi school for fatwa) and Ibn Hajar al-Haytami (imam of the late Shafi`i school for fatwa) both transmit scholarly consensus (ijma`) regarding its impermissibility.

Following another madhhab completely in a complete action, however, is valid according to the majority of the scholars of usul & fiqh, on the condition that there not be a systematic seeking out of dispensations. This was confirmed by Ibn Abidin in his Hashiya, Tahtawi in his Hashiyat al-Durr, Abd al-Ghani al-Nabulsi in his Sharh al-Tariqa al-Muhammadiyya and in his treatise on ijtihad, taqlid and talfiq, and is the position adopted by the Syrian Hanafi scholars.

The scholars of the Indian Sub-continent generally do not allow this, except under exceptional circumstances, but not because it is per se invalid, but for practical reasons:

(a) In their millieu, it is not normally possible for one to find a qualified source or scholar from another school;

(b) To close the door to the systematic seeking of dispensations.

But, even Indo-Pak scholars who advocate this position admit, this is more an answer of prudence than a theoretical impermissibility. [As mentioned by several major Indian fuqaha in their works on the principles of fatwa.]

I wonder whether the position enunciated in the major texts of the school is not more suited to our situation in the West. People have a lot of difficult situations and challenges in their lives, and this makes things easy for them while remaining within the boundaries of sound sunni scholarship, instead of running to the modernists and salafies...

Sticking to One School

It is not religiously binding on the Muslim to stick to one school on all matters, without exception, as both al-Tahtawi and Ibn Abidin (Allah have mercy on them), the two leading late authorities for fatwa in the Hanafi school, both explain. Rather, there is nothing wrong with taking a dispensation if there is a need; what is impermissible is to make it a habit to seek out dispensations.

The Path of Taqwa

The path of taqwa, as the scholars and sufis explain, is to avoid taking dispensations unless there is genuine hardship in following one's own school. In fact, they say that those who have learned their own school should seek out the strictest positions from other school whenever reasonably possible, so that one's worship and practice is sound without argument.

May Allah grant us beneficial knowledge, and the success to act according to it, on the footsteps of the His Beloved (Allah bless him and give him peace), with the secret of sincerity, without which actions are but lifeless forms.

And Allah knows best.

Wassalam,

Faraz Rabbani.

[Abba]

Thanx all brothers for the answers.
It did help.
Maulana Taqi Uthmani is a very good scholar.I learned a lot from his writings on issue of leagl authority of Sunnah in Islamic Shariah.
However two thinhs are unclear:

1-What if i am Hanafi for example,and i pray in Hanafi way(this is exactly what happened to me) and then i find that all the 'available' evidence of Hadeeth suggests that Shafai way seems the way Prophet saw and his companions used to pray.Why am i still obliged to pray in Hanafi way,if in my heart i am convinced that Shafai way better represents the Sunnah of Prophet saw

2-Many qoutes just state that scholarly opinion without 'NUS'

[faqir]

Thanx all brothers for the answers.
It did help.
Maulana Taqi Uthmani is a very good scholar.I learned a lot from his writings on issue of leagl authority of Sunnah in Islamic Shariah.
However two thinhs are unclear:

1-What if i am Hanafi for example,and i pray in Hanafi way(this is exactly what happened to me) and then i find that all the 'available' evidence of Hadeeth suggests that Shafai way seems the way Prophet saw and his companions used to pray.Why am i still obliged to pray in Hanafi way,if in my heart i am convinced that Shafai way better represents the Sunnah of Prophet saw

2-Many qoutes just state that scholarly opinion without 'NUS'

Asalamu laaykum,

That is a good question.

However, what you have failed to realise is that in order to assess the strength of evidence you would need to have acquired the skills required of a Mujtahid. It is unlikely that you have reached this level and rather rely on a scholar's interpretation of what is or is not the strongest evidence.

For details on Ijtihad and its requirements consult the articles on www.masud.co.uk [in particular, I'd recommend Understanding the Four Madhabs by Sh. Abdal Hakim Murad]

The Mujtahid imam's and the Ulema that followed them in their respective madhahib all considered their position the strongest based on the available sacred texts. Each Madhab has its own proofs and counter proofs.

There is a consensus amongst the Ulema of Ahlus Sunnah wal Jamaah that all four Orthodox sunni Madhabs are valid, based on the sacred texts and legal for a muqallid to make taqlid upon.

If you pray as a hanafi and are interested in the proofs for your prayer I would advise you to get Fiqh al Imam and The Salah of a Believer in the Quran and Sunnah - both are available from www.alrashad.com

Wasalam.

[Abba]

U r right that it would be almost impossible for ordinary person like me to be a faqeeh over few days.But the situation arises when someone from another sect puts forward his case and appears stronger than Madhab one is following.

I have myself read the argument by some Ahnaaf that OK,Shafai or Maliki or eg Hanbali Maslik argument is stronger on this issue But bcoz we are Ahnaaf hence we will follow our maslik.

Its this argument that i have problem with.

[faqir]

Asalamu alaykum,

Mujtahids don't make Taqlid on an issue upon which they are capable of making ijtihad. I, therefore, find your claim difficult to believe. Perhaps you are referring to a muqallid who has not understood the proofs and counter proofs of his own madhab - had he done so he may not have said such a thing.

Anyway, here is an excerpt from the article I mentioned above http://www.masud.co.uk/ISLAM/ahm/newmadhh.htm:

In order to protect the Shariah from the danger of innovation and distortion, the great scholars of usul laid down rigorous conditions which must be fulfilled by anyone wishing to claim the right of ijtihad for himself.[43] These conditions include:

(a) mastery of the Arabic language, to minimise the possibility of misinterpreting Revelation on purely linguistic grounds;

(b) a profound knowledge of the Quran and Sunnah and the circumstances surrounding the revelation of each verse and hadith, together with a full knowledge of the Quranic and hadith commentaries, and a control of all the interpretative techniques discussed above;

(c) knowledge of the specialised disciplines of hadith, such as the assessment of narrators and of the matn [text];

(d) knowledge of the views of the Companions, Followers and the great imams, and of the positions and reasoning expounded in the textbooks of fiqh, combined with the knowledge of cases where a consensus (ijma) has been reached;

(e) knowledge of the science of juridical analogy (qiyas), its types and conditions;

(f) knowledge of ones own society and of public interest (maslahah);

(g) knowing the general objectives (maqasid) of the Shariah;

(h) a high degree of intelligence and personal piety, combined with the Islamic virtues of compassion, courtesy, and modesty.

A scholar who has fulfilled these conditions can be considered a mujtahid fil-shar, and is not obliged, or even permitted, to follow an existing authoritative madhhab.[44] This is what some of the Imams were saying when they forbade their great disciples from imitating them uncritically. But for the much greater number of scholars whose expertise has not reached such dizzying heights, it may be possible to become a mujtahid fi’l-madhhab, that is, a scholar who remains broadly convinced of the doctrines of his school, but is qualified to differ from received opinion within it.[45] There have been a number of examples of such men, for instance Imam al-Nawawi among the Shafi'is, Qadi Ibn Abd al-Barr among the Malikis, Ibn Abidin among the Hanafis, and Ibn Qudama among the Hanbalis. All of these scholars considered themselves followers of the fundamental interpretative principles of their own madhhabs, but are on record as having exercised their own gifts of scholarship and judgement in reaching many new verdicts within them.[46] It is to these experts that the Mujtahid Imams directed their advice concerning ijtihad, such as Imam al-Shafi'i's instruction that ‘if you find a hadith that contradicts my verdict, then follow the hadith’.[47] It is obvious that whatever some writers nowadays like to believe, such counsels were never intended for use by the Islamically-uneducated masses. Imam al-Shafi`i was not addressing a crowd of butchers, nightwatchman and donkey-drovers.

Please read through the whole article as it is extremely beneficial.

Once more I would say that the Hanafi Mujtahids are convinced that their method is based on the "strongest evidence". If there are any particular issues you have with Hanafi fiqh you could consult them or perhaps some of the shuyukh or other learned brothers on this forum could help with your query.

Wasalam.