Is It Possible to Have One Fiqh

[Abba]

Is it possible to have one Fiqh at least theoratically?

I am a physician and the Medical Science has devised Guidelines for practicing physicians who do not have time to go thru huge pages of research published every day.

These Guidelines are based on Evidence or Opinion.
Each Guuideline if followed by evidence on which it is based,then evidence is graded as strong/weak/very weak
At places where direct evidene in not available it is written that this is the Opinion of majority of authorities.

This is quite similar to science of Fiqh.

Why can't major Ulema of all 4 Fiqh,gather together and analyze the evidence in favour of their Fatawa and come up with one Fiqh.I do agree that at some situations evidence reaching a unanimous decision will not be possible but this cannot be the case in everything.

[Shaykhs-Pir Sahib]

as salamu alaykum

as you should know, medical science varies slightly from country to country. the guidelines that are perhaps used in the UK (the NICE) are not necessarily the same as the ones used in the US, again varying with other countries in Europe also. yes, the evidence is the same everywhere - as in fiqh, but the application may be different. also, from my experience, guidelines are there to guide - not necessarily to stick to rigidly, and each physician must use his or her knowledge in that field as well. even in medical science, there are situations where two or three things have clear evidence, yet one country or even hospital may adopt one method, another hospital another - and no-one criticises each other - because the decisions are made based on local needs, resources and efficiency.

unforunately, the salafi's have attempted what you say, and while the ummah was content with four great schools, what we have now are millions of sects within the salafi school, all in-fighting - differing on matters of fiqh.

it is not possible to come up with one fiqh - because each imam has so much evidence in their favour, one cannot disregard them entirely.

also, when asked to produce one fiqh for all the lands by the khalifa of his time, Imam Malik outright refused, recogising that differences of opinion are a mercy as long we all agree to disagree and not condemn the differences (so long as the differences are based on evidence and are within shari'a).

and really, differences of opinion are a mercy. it would be tremendously hard for this ummah for everyone to stick to one fiqh. i will give you an example that Shaykh Hamza gave. in the west, people are generally fond of pets, specifically dogs. in the maliki school, the sweat, saliva of the dog is NOT najas. doesn't this provide some ease for the followers or even blind people who need guide dogs?, even though the opinion is sound, it differs from the 3 other schools. you will never get ulama from all four schools agreeing on one fiqh. so lets stick four, and not attempt one leading to thousands - as has happened.

[tazkiyyah]

SUbhanallah.
If you look at medical science...It keeps changing its views every few days.
Yesterday rofecoxib was a wonder drug...for pain relief. Today it is hazardous and implicated in Ischaemic cardiac type problems.

yesterday..HRT was wonderful..Today everyone is questioning the more neoplastic associations.

If we were to follow in the way of an empirical science based approachto fiqh we would put our hands by our sides in prayer on monday..then the next monday the latest evidence based fiqh would say...OHO Guys...put them on your chest etc!

The madhabs are filtered evidence based fiqh..solidifed over centuries...

Stick to them insha'allah

[Abba]

Ok,medical science changes every day WHY? bcoz the evidence it is based upon changes ,when on gets new evidence one puts new guidelines,This is not the case in Fiqh,Quran and Sunnah and Hadeeth are there,we do not expect any new evidence to emerge.

OK i agree that guidelines differ from place to place ,coz of economic reasons or bcoz of resources available or there are gray areas,but,by and large people everywhere agree on strength or weakness of evidence that is basis or guidelines.

in the maliki school, the sweat, saliva of the dog is NOT najas. doesn't this provide some ease for the followers or even blind people who need guide dogs?,

Now also regarding the dogs to be kept for blind people Fiqh can gives "Rukhsa" for special circumstances,one need not have more than one Fiqh to get such "Rukhsa"

[tazkiyyah]

Have you read reasons for the differences of the ulema
by mawlana zakariyya khadnalwi

www.alrashad.com

[Sunni_Student786]

Bro Abba,

The VAST majority of differences in fiqh are due to differences in their methodology for derivation of law from the primary sources. Each madhab has it own set of derivational principles/methodology, hence the reason for the differences. Derivational principles/methodologies can only be devised by Mujtahid Mutlaqs. Since there have really been no Mujtahid Mutlaqs for at least 800 years, the Ulema coming after them had to simply follow the derivational principles/methodologies that were developed by Muhtahid Mutlaqs. The only way that you could have only "One Fiqh" would be to disregard 3 of the four methodologies for the derivation of law from the primary sources that we have inherited (which are to be found in the 4 madhabs, madhabs being a codification of the rulings derived after the careful application of the derivational principles established by the Mujtahid Mutlaq by scholars trained in the application of that methodology.).

But please bear in mind that in the early days of Islam after the time of the Prophet (peace be upon) there were MANY valid methodologies for the derivation of law from the primary texts. But because those Mujtahid Mutlaqs, or their students, did not continue to produce Ulema who were conversant with the application of the derivational methodology that they developed, those derviational methodologies (which were codified in the form of a body of scholars conversant with the methodology, called a "madhab") fell out of use and it became impermissible to be follow them.
The only derivational methodologies for which a body of scholars continue to exist till this day that are conversant with the methodology and have been authorized to implement and instruct other in it, are those of Imam Abu Hanifa, Imam Malik, Imam Ash-Shafi, and Imam Ahmad ibn Hanbal (may Allah have mercy on them all).

Please read the above carefully and you'll see why there can't just be "one fiqh"

[tazkiyyah]

If i may be allowed to be honest.The real problems are not caused by madhabs.
I have seen malikis and shafis and hanafis etc sit together without arguing and generally chill with each other.

What we need is to unite the hearts.
These r just schools of fiqh...its not important the names.

the hearts must be one
ukhuwwa

This is what the title should be...is it possible to have united hearts?

[Mossy]

Let's be honest, even salafi and madhabi scholars don't argue all that much, or certainly not like the lay peeps do.

There won't be one fiqh until the coming of Imam Mahdi as there is simply no reconciling the different axiomatic bases as there is no rule to measure them against in the absence of wahy and directed ilham.

Actually, we do have one fiqh - the mass of positions promulgated by the four madhabs. It's a very broad one, mash'Allah

[Omar HH]

No Imam Mahdi has his own madhab for his own time from what i've understood - he will not create one "super-madhab"

The madhabs will continue, except some may or may not become extinct (such as the Thawri and Dhariri schools, etc.)

[Mossy]

Yeah, but his positions will the ones that will be followed according to his own usul - ie he certainly has haqq. So to speak. The reason we have all these methodologies is that we honestly don't know which one is "right" (of course, all could be).

His fiqh will be in line with the Shariah absolutely, right?

Then again, it goes when he goes..