Taqleed and Salafism.

[Abu_Tamim]

This thread is dedicated to correcting the translation of the book, "Taqleed and Salafism" by Jami'at al-'Ulama, Gauteng. As the correction proceeds page by page, I intend to put it up here so that everyone can assess it and benefit from it. When it is complete, then I intend to send it to the Jami'at to do as they think best.

[Abu_Tamim]

Title page:
TAQLEED AND SALAFIS/PSEUDOSALAFISM
REVISED AND EXPANDED
JAMI’AT AL-‘ULAMA, GAUTENG.
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Title: Taqlid and Pseudosalafism/Salafis.
Compiled by: Jami’a Masihiyya Ashrafiyya.
Edited by: Jami’at al-‘Ulama, Gauteng.
Edition: 2nd Ramadan 1430 AH/September 2009.
Publisher: Jami’at al-‘Ulama, Gauteng.
P.O. Box 264, De Deur, 1884, South Africa.
Fax: 0027 16 590 2280
Email: ulama@thejamiat.co.za
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Foreword…………………….5
Chapter 1: Taqleed, Ijtihad and the Fuqaha’…………..8
What is Taqleed…………8
The blind following of the rejectors of Taqleed……9
Taqleed during the Prophet’s(saw) era…….10
Following a particular Imam or Madhhab……..12
Why is it necessary to follow an Imam or Madhhab…14
Why is Taqleed confined to the four madhhabs………..17
Why we follow the Hanafi maslak………..18
Is Taqleed prohibited by the Qur’an………….18
The accusation of muqallids rejecting hadith……….20
The Statement: ‘The Qur’an and Hadith are before us. We can refer directly to them.’………………..25
What is Quwwat-e-Ijtihadiyya?................29
The question of the Mujtahid Imams prohibiting their taqleed………32
The mistake of judging the ahadith of the fuqaha’ on the criteria of the muhaddithin……….34
Chapter 2 A brief selection of the praises showered by the Imams of the Ummah on Imam Abu Hanifa(rah)………………….37
Chapter 3 The Hanafi evidence for certain contentious masa’il……43
Zuhr Salah after the shadow of objects exceeds their original length………….43
The feet in Qiyam…………….45
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Raf’ al-Yadain only at the beginning of Salah………..47
Joining hands below the navel………….47
Surah Fatiha should not be recited by the Follower……47
Reading Amin softly…………….49
How to sit in the last sitting (Qa’da Aakhira)………….49
Sajdah of women……………..51
Raising hands in dua’ after Fard prayer…………51
No superogatory prayer after Fard of ‘Asr……………55
Two cycles of prayer before Fard of Maghrib is neither Sunna nor mustahabb……55
Istiwa ‘al al-‘Arsh – Where is Allah Ta’ala……….56
Tawassul/Waseela and Shirk………….61
A Conversation on Taqleed……………………..64
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Once Hadrat Bahlul passed by a scholar who was quarreling with someone. Bahlul (rah) said, “If this person had gnosis (ma’rifa) of Allah, he would not have wasted his time quarreling with an ignoramus.”
Life is short and temporary. Its goal is divine pleasure (attained) through obedience to Allah (swt) and Muhammad (saw), His beloved Messenger. Keeping this very short stay in a temporary abode in mind, people who have realised the purpose of their existence are continuously in pursuit of the closeness of Allah. As much as a scholar blessed with gnosis hates being drawn into arguments and prefers the worship of his beloved Allah, sometimes circumstances dictate that he come to the defense of the True Faith against the falsities of the people of falsehood.
Among the people of falsehood in these times are the modernist Salafis who have nothing better to do in life that to criticise the authentic schools of fiqh (madhahib/masalik) and vilify their followers. They have appointed as their leaders (Imams) their own whims and fancies and have left no stone unturned in their effort to waylay the faith of the unwary and innocent followers of the Madhahib in general and the Hanafiyya in particular.
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As a matter of fact, these modernist scholars with their shallow understanding of the Qur’an and Sunna and their rigidly blind following of Ibn Taymiyya are currently engaged in an all out effort to rob people of their practice of the Qur’an and Hadith in the most elaborately beautiful way outlined by the four schools ( Madhahib al-Arba’ah) viz the Hanafi, Shafi’i, Maliki and Hanbali maslaks. So, it has become obligatory for the scholars of truth ( ‘Ulama-e-Haqq) to expose the evil of these peddlers of the abandonment of taqleed.
Ignorance and arrogance have become major hurdles for the anti-taqleed propagandists. As a result they refuse to leave their obtuse understanding of the Shari’ah and accept it as understood and practised by the four schools over the last 14 centuries. This document is therefore not directed to the votaries of the abandonment of taqleed. It is for the safety and strength of those who have the wonderful path of taqleed to follow.
This monograph is mostly a condensation of a lengthy treatise on Taqlid and Ijtihad by the reviver* of his time, Hakim al-Ummah, Mawlana ‘Ashraf ‘Ali Thanwi (rah). Hadrat named his book, “ Al Iqtisad fi’t Taqleed wa’l Ijtihad”. Because this compilation and translation is primarily a condensed form of Mawlana Thanwi’s book, we have omitted references to page numbers from the original work. Apart from Hakim al-Ummah’s work, some quotes have also been taken from other reliable and authoritative works, references of which have been given in the footnotes.
*Imam Abu Dawud has narrated a hadith that Allah will certainly, at the turn of every century, raise for the upliftment of this Ummah, a person who will revive the teachings of the Deen (mujaddid).
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This compilation is almost purely narration (naql) i.e. it consists almost entirely of quotations, extracts and excerpts. We have minimized the use of our own words because of two reasons. Firstly, what is collected here is not our personal opinion. Secondly, the statements of our elders and senior scholars obviate the need for our comments. Considering their knowledge (‘ilm) and God-wariness (taqwa), their understanding and commentary of the Shari’ah far outweigh what we can produce. After all, we are only ‘blind followers’ (muqallideen). Although we have relied on quotations, we have amended some texts to facilitate comprehension and/or for brevity.
Books and theses on Taqleed are numerous. This document however is intended to be a textbook on this subject. It is only in educating ourselves in the basics of this religious requirement that we can thwart the menace of Salafism. Allah is the giver of Guidance and He is the best of Helpers.
Wa Salam.
Jami’ah Masihiyya Ashrafiyya,
6th of Ramadan al-Mubarak, 1428/ 18th September 2007 CE.
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[Abu_Tamim]

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CHAPTER 1: Taqleed, Ijtihad and the Fuqaha’.
What is Taqleed?
Taqleed means to accept someone’s statement on the basis of a favorable opinion about him in the confidence that he speaks on the basis of proof without asking him for it (the evidence).
The objective of Taqleed is ease in following the Qur’an and Hadith.
The rejectors of taqleed whose flag is shakily held by the group that calls itself the Salafiyyoon/Salafiyyah insolently dub taqleed as “blind following”.
‘Blind’ bears the following connotations*:
Without foresight, discernment, intellectual perception or adequate information
Not governed by purpose or reason
Reckless
The very nature of taqleed demands discernment, intellectual perception and adequate information because developing a favorable opinion that a certain Mujtahid Imam is qualified in the Islamic sciences and worthy of being followed is dependent on these factors. Taqleed can, therefore, never be blind following in this sense.
*Reader’s digest Oxford complete word-finder.
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The objective and purpose of taqleed have been clarified earlier. The accusation of taqleed being blind following in the sense of not being governed by reason or purpose is therefore palpably false.
When the Muqallid(Follower or person who makes taqleed) follows an Imam or Madhhab he understands it to be a trustworthy guide and the safest course to obedience to the commands of Allah (swt) and the teachings or Sunna of the Messenger (saw). He concedes his lack of competence in understanding the Qur’an and hadith. Resorting to a self-study of the Book and the Hadith and forming his own opinion is akin to bartering away his faith. He thus opts for the safest and surest way to the obedience and pleasure of Allah and his Messenger (saw) which is Taqleed. Is this being reckless? Is this blind following? May Allah save us from the deception of Satan and the evil schemes of the Nafs. Amin.
When none of the connotations of ‘blind’ portray the true (meaning of) taqleed, the usage of this word in relation to the same is crass ignorance or malicious obstinacy. May Allah save us from the evils of the tongue and the Nafs.
The taqleed of taqleed-rejectors:
As far as the taqleed rejectors are concerned, it should be understood that according to their own principle (of taqleed being haram) it is impossible for them to practise on the hadith. This is because practising on hadith is only possible through taqleed of the scholars in the issue of the traditions being rigorously authenticated (sahih), weak (da’if), imperative for following (wajib al-‘amal), Mustahab (allowed) or impermissible.
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And it is obvious that this is strict taqleed in the laws of the Shari’ah. Doubtless, the question of a hadith being incumbent for practice or vice versa or disallowed for practice or vice versa is an issue pertaining to ahkaam. It is for this reason that the jurists discuss the various laws governing the Sunna – its acceptance, rejection, employment, relaxation and the rules pertaining to the narrators – in Fiqh and Usul al-Fiqh; these issues being elements of Ahkaam (Laws).
When the rejectors reject taqleed then what gives them the right to make taqleed of the hadith scholars in these issues and on what basis do they declare the views and juristic reasoning of the traditionists in the field of hadith classification to be a conclusive evidence in the Shari’ah?
3. Taqlid during the Prophet’s (saw) era:
3.1 Narrated Al-Aswad bin Yazid: Mu'adh bin Jabal came to us in Yemen as a teacher and a governor, and we (the people of Yemen) asked him about (the distribution of the property of ) a man who had died leaving a daughter and a sister. Mu'adh gave the daughter one-half of the property and gave the sister the other half. Bukhari, Kitab al-Fara'id, Volume 8, Book 80, Number 726.
The version in Abu Dawood adds, "This was in the Prophet's (saw) lifetime."
We learn from this hadith that taqleed was in vogue during the blessed era of the Prophet (saw). The questioner did not ask for proof.

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He accepted the fatwa of Hadrat Mu’adh purely on the basis of the latter’s integrity. This is taqleed. Then there is no evidence of the Prophet (saw) disagreeing with the fatwa or its implementation. Nor for that matter is any difference or rejection recorded. Thus, permissibility of taqleed and its freely open practice during the Messenger’s (saw) lifetime is established.
3.2. Yahya related to me from Malik that Yahya ibn Sa'eed said that Sulayman ibn Yasar told him that Abu Ayyub al-Ansari once set off to do hajj and then, when he reached an-Naziya, on the road to Makka, his riding beasts strayed. He reached Umar ibn al-Khattab on the day of sacrifice and told him what had happened and Umar said, "Do what someone doing Umra would do, and then you can leave ihram, and then when the hajj next comes upon you, do it and sacrifice whatever animal is easy for you."
Muwatta’ Malik, Hajj, chapter 20, hadith 162.
From this hadith we learn that those Companions who could not make Ijtihad would make taqleed of the Mujtahideen Sahaba. Hadrat Abu Ayyub was also a Companion and he did not ask Hadrat ‘Umar for evidence of his fatwa.
3.3 Incidents of this nature among the Companions and even during the blessed era of Allah’s Messenger (saw) and fataawa without references and proofs among the Sahaba or among the Tabi’un and Companions have been documented with such abundance that it is a difficult task to compile them all. Those who are versed in hadith literature are well aware of this.
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4. Following a particular Imam or School:
4.1 Hadrat Hudhayfa (ra) narrated that the Prophet (saw) said: “ I don’t know how long I will be with you people. Therefore, follow these two after me.” The Messenger (saw) indicated Abu Bakr (ra) and ‘Umar (ra).
Jame’ Tirmidhi, Musnad Ahmed(5/399), “Fadha’il As-Sahaba” (479), Tahawi in “Sharh Al-Mushkil” (1233), Ibn Hibbaan (6902), Ibn Sa’d (2/334).
Also Imam Tirmidhi narrated, "Hudhaifa (ra) said: The Prophet (saw) said, “Follow those after me: Abu Bakr and Umar.”
Jame' Tirmidhi, Al Manaaqib, hadith 3662.
The meaning of “after me” is; during their Caliphate. So, the order is to follow them during their respective terms of Caliphate. Obviously, the Caliph is a single person. The conclusion is to follow Hadrat Abu Bakr (ra) and Hadrat ‘Umar (ra) during their Caliphates.
So, the Prophet (saw) instructed that one particular person be followed for a specific time. Nowhere did he say that proof for Ahkaam should also be enquired. Nor was it a standard practice for ascertaining the proof for every mas’ala. This is nothing but following an Imam or Madhhab.
4.2 see 3.1

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Just as taqleed being Sunna is proven from this hadith as mentioned in 3.1, similarly this hadith confirms Taqleed of an Imam or Madhhab. The reason being that when the Prophet (saw) sent Hadrat Mu’adh to Yemen to teach the commandments of the religion he most assuredly gave permission to the Yemenis to refer to him in all their affairs. This is taqleed of an Imam.

4.3 Narrated Hudhayl bin Shurahbeel: Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas'ud, he will tell you the same." Ibn Mas'ud was asked and was told of Abu Musa's verdict. Ibn Mas'ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we came to Abu Musa and informed him of Ibn Mas'ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."
Bukhari, Kitab al-Fara'id, Volume 8, Book 80, Number 728, Abu Dawud, Tirmidhi. (This is Bukhari's version)

Anyone can understand from the statement of Abu Musa (ra), “ As long as he is among you, do not refer to me” that he instructed them to take all their questions to him (Ibn Mas’ud). And this is taqleed of an Imam; to refer all of one’s queries, due to some determining factor to one scholar and act according to his ruling.

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Why is it necessary to follow an Imam or a School of Law?
5.1 It needs to be kept in mind that the necessity of something (in the Islamic Shari’ah) is established in one of the following ways:
The Qur’an or Hadith lay special emphasis on some act e.g. Prayer, Fasting, etc. This kind of compulsion is called Wujub bi al-Zaat.
The act itself is not emphasised; but it is not possible to perform those deeds that have been emphasised in the Sources without resorting to this particular act. In that case, this act will be considered as compulsory. This is the purport of the scholars’ words: “The foundation of a Wajib is also Wajib.” For e.g. considering the writing of the Qur’an and hadith. Nowhere is this directly emphasised in the Shari’ah. Rather, the following hadith clearly proves the non-compulsion of writing. From Ibn ‘Umar (ra) that the Messenger (saw) of Allah said: “We are an unlettered nation, we do not write or calculate. The month is such-and-such or such-and-such – meaning sometimes it is twenty-nine and sometimes it is thirty.” (Bukhaari, 1814; Muslim, 1080)

The hadith itself indicates its meaning. So, when writing itself is not compulsory then how can writing something in particular be wajib?
But preserving the Qur’an and hadith is emphasised. And this is not possible without resorting to writing and printing. Thus, these are regarded as necessary. Accordingly, there is an implied agreement in the entire Muslim Nation for the past 14 centuries on its incumbency. This is called Wujub bi’l ghayr.
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After understanding the types of Wujub (Shari’ compulsion) and their nature, now know that when it is said that following a single Imam or school is necessary then it means Wujub bi’l ghayr and not Wujub bi’l dhaat. So there is no need to bring proof from the Qur’an and narrations which specifically mention this (kind of) taqleed by name. Despite the clear message of the earlier hadith that writing is not compulsory it has nonetheless been considered essential. Further this is not viewed as contradictory to the tradition. Similar is the case of following a single Imam or school (taqleed shakhsi) where there is no need to produce evidence from the sources (Nass).
Yes, there is a need for proving two premises, viz.:
The disadvantages of not following an Imam or school of law in the present state of the Ummah.
The religious compulsion of these factors.
The following religious necessities will be adversely affected in the absence of following a school:
Sincerity of intention, viz that the purpose of religious knowledge (‘ilm) and ‘amal (deeds) be only the Deen.
Deen be the determinant (in everything that is done)
Abstaining from acts harmful to one’s faith.
Abstaining from opposing the consensus (ijma’) of the people of truth (Ahl al-Haqq).
Abstaining from crossing the limits of the Divine Law.
The above (matters) being compulsory in themselves (wajib bi’l dhaat) are clearly proven from the Prophetic narrations.

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Experience has shown that those who renounce taqleed of an Imam or School (often) fall victims to insincerity and following their nafs. They harm their religion, oppose Consensus and transgress the divine limits. (Examples are too numerous to quote for a small work and only one who is blind to reality will contradict this. A single example is cited for those who are in search of the truth)
Eg. A man made minor ablution (wudu’). Then he cut himself and his ablution became invalid according to the Hanafiyya. So he said, ‘I adopt the fatwa of Imam Shafi’ who does not consider wudu’ to break after bleeding from a cut.’ Then he touches a woman with passion which according to Imam Shafi’s school nullifies his ablution. Here he uses the fatwa of Abu Hanifa which says that his ablution is still intact. He prays without renewing his minor ablution. Now his prayer is void according to all Imams in view of the wudu’ being broken by consensus, irrespective of the nullifying factor. (He has flirted with the schools in following his nafsani desires and breaking the consensus. So while he believes that his prayer is in order, it is actually null and void)
The reason for this corruption (that ensues on leaving taqleed) is that corruption (spiritual) and base motives have settled in the dispositions of most men nowadays. This is clear and has been prophesied in the narrations on trials (Fitan). The people of knowledge and narrations are aware of this.
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WHY IS TAQLEED CONFINED TO THE 4 SCHOOLS?
6.1 It was proven earlier that following an Imam is a must. Also picking and choosing opinions from different Imams is fraught with harm. So it is imperative to follow an Imam, the principles and particulars of which are compiled and codified in such a manner that solutions to all juristic queries are (easily) available. Then there will be no need to refer to other views. By divine design, this quality is to be found only in the 4 schools, Hanafi, Shafi’, Maliki and Hanbali. Adopting one of these 4 is imperative as opting for a 5th will results in the same problems and flirting with different schools in the desire to remain unfettered (from the religion). Hence, taqleed has been confined to the 4 schools for centuries, this being the practice of the majority (jamhoor) of scholars. Some have even recorded consensus that the Ahl al-Sunna wa’l Jam’ah is confined to these 4 schools.
6.2 Codification of the Mujtahid’s school is compulsory for taqleed. Taqleed (direct) of the Companions (Sahaba) is difficult because none of these schools are compiled or codified. However, we follow the Companions through the 4 Imams.
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WHY WE FOLLOW THE HANAFI SCHOOL:

7.1 We live in an area where the Hanafi school is prevalent. Scholars and books of this school are freely found. Had we chosen another school then it would have been difficult to ascertain the laws applicable to daily use. This is because scholars do not possess the same depth of understanding and insight into another school as they do in their own. Because of their study and engrossment in the study and teaching of their school, they cannot achieve the same expertise in another school. This, even though the study of the books of other schools is possible. This is a point known to the people of knowledge (Ahl ‘Ilm)
7.2 The factors in choosing a school for those who embrace Islam or who are guided by Allah after plodding the path of Salafism and misguidance to taqleed and Sunnah are:
1. Presence of reliable and knowledgeable scholars who are accessible for reference for one’s daily juristic issues.
2. Adequate literature on the school.

8. The doubt: IS TAQLEED PROHIBITED BY THE QUR’AN?

8.1 A query: The Qur’an censures blind following in the verse, “When it is said to the disbelievers: ‘Follow the laws revealed by Allah, they answer………This shows that it is evil to follow the ways of one’s predecessors when we have the Qur’an and hadith. Also, it is stated in another verse that when you have a dispute refer it to Allah and his Messenger. So, we should not refer to an Imam/Mujtahid.
ANSWER: The mere translation of the verse shows that the taqlid of the disbelievers has no affinity with the taqlid under discussion. The following of the disbelievers has been condemned for two reasons:
They would reject the Verses and Commandments saying, ‘We do not accept it. We would rather prefer following our predecessors.’ Secondly their elders lacking understanding of the religion and guidance. These two factors are non-existent in the taqleed under discussion. The followers of the schools do not reject the Verses and Narrations. Rather, the muqallid says, ‘Our religion (Deen) is the Qur’an and hadith. However being ignorant (lacking knowledge/competence) in legal reasoning (ijtihad) and extraction of rules (istinbat), I have a good opinion of the certain scholar who was thoroughly versed in the words and meanings of the verses and narrations. Thus I consider his opinions based on the Qur’an and hadith to be the most correct and strongest. I am therefore, acting on the sources under his guidance.’
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In short, no follower rejects the Qur’an and narrations. And the Imam he chose does not lack guidance or knowledge as is proven through reliable, continuous transmission from generation to generation (tawatur). Because both reasons for censure are absent here, the taqlid under discussion be beyond the ambit of this verse. And how could following the schools be the purport of the verse? Then the verse would be in clear contradiction to those traditions that establish the validity of taqleed.
9. REFUTING THE ALLEGATION THAT THE MUQALLIDIN REJECT OR DISCARD AHADITH:
9.1 Just as it is permissible to deduce Islamic laws through legal reasoning, similarly it is also permissible to subject a narration to rationale and to act in accordance with that rationale. This might entail specifying the sphere of the command (Ahkam) or placing it in one of several possibilities or restricting a general rule or acting on the inner meaning rather than the obvious meaning. This is not in conflict with the narrations nor does it amount to rejecting it. Such ijtihad is permissible and taqleed of such ijtihad too.
9.2 Imam Bukhari narrates in his Sahih from Ibn ‘Umar (ra) that the Messenger of Allah (saws) said to the Companions after the battle of Ahzab: ‘None of you should offer ‘Asr before reaching Bani Qurayda.’ ‘Asr came while some companions were still on the way. They were split on the issue.
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Some said that they would offer prayer because this was not the purport of what the Prophet (saw) said – rather, he was emphasizing speed and haste in reaching there before ‘Asr. This incident was brought to the Prophet’s notice. He did not reprimand or criticize anyone. During this incident, some understood the actual meaning by their quwwat-e-ijtihadiyya ( power to reason legally). The meaning that they understood was one of two possibilities and they performed the prayer. Huzur (saw) did not reprimand them saying, ‘Why did you discard the obvious meaning?’ Nor did he declare them to be rejectors of hadith.
9.3 To object to any masa’la saying that it is in conflict to the narrations depends on 3 things:
1. The meaning and purport of the juristic issue is properly understood by the objector.
2. Its evidence is known.
3. The Imam’s procedure of inference is known.
If any of these factors remain obscure to the objector, then his judgement will be erroneous. Eg. Imam Abu Hanifa’s statement that Salah al-Istisqa’ is not Sunna is well-known. The apparent meaning of this opinion seems to be in conflict with the narrations because it is mentioned there that he performed Istisqa’. But the meaning of the statement of the Imam is that it is not Sunna al-Muakkada. Accordingly, once the Prophet (saw) performed prayer and made dua’ for rain and on other occasions he just made dua’ without performing this prayer. So, we find the following narration in Bukhari,
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“Anas(ra) narrated that the Messenger of Allah (saw) was delivering the sermon on the day of Jumua’ when a man stood up and said, ‘O Messenger of Allah! Horses and goats have perished. Make dua’ to Allah for rain.’ The Prophet of Allah stretched out his hands and made supplication.
The purport of the saying of Imam Abu Hanifa is further revealed by the following text of Hidaya, ‘We (Ahnaf) say that he (saw) did it on one occasion and omitted it on another. Therefore, it is not Sunna.’ ‘Awwalayn.
Once the correct meaning is understood, the question of opposition is dispelled. Similar is the case when the proof is obscure. For e.g. many ahadith are reported for one mas’ala. Now by merely looking at one of the narrations it will be wrong to aver that a Mujtahid has opposed the narration. The Mujtahid has drawn a ruling from the other hadith and presented a valid interpretation for this one. An example of this is the question of reciting Fatiha behind the Imam (Qira’h Fatiha Khalf al-Imam). The traditions in this regard differ.
Sometimes a single narration holds scope for several varying possibilities. The Mujtahid understands a certain possibility (within that hadith) to be stronger on the basis of his (power of) legal reasoning. He then makes an inference. This too is not in conflict with the hadith. An example of this is that it is reported that if a person passes in front of you while you are in prayer then you should ward him off. One meaning is that the literal meaning applies. The other possibility, taking into account other principles and rules is that this hadith is by way of warning and a deterrent for passing in front of a Musalli.

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for sparing the time.

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If a Mujtahid prefers the second possibility then it cannot be argued that he has discarded the hadith. In fact his practice is precisely in keeping with the hadith.
Similarly if the procedure of inference is obscure then too the judgment of conflict will be erroneous. For e.g. Imam Abu Hanifa says that the period of breastfeeding extends till 2 ½ years. The proof which is the Qur’anic verse, “Its carrying and weaning…” is well-known but its popular explanation is exceptionally faulty. In ‘Madaarik’ the tafseer of “hamluhu” is reported from the Imam as “bil akuf” (with hands). By this explanation all objections are dispelled. The meaning of the ayat then is that after birth, the maximum period of the baby being carried around in the arms and its weaning is 30 months. There is no problem with this exegesis and the view of the Imam is easily substantiated.
In conclusion, judging a juristic issue to be in conflict with the traditions is the prerogative of a person who is well-versed in the traditions and also possesses keen insight with strong perception. A scholar with one attribute but not the other is not capable to proclaiming that the juristic decision is in violation of the narrations.

It is proven in hadith (refer 10.3) that one does not qualify for being a Mujtahid just by being a Hafiz of Hadith. The unbiased reader can understand from this that when a traditionist can be ignorant to the details and procedure of inference then how can the illiterate of today fathom all the various ways which a Mujtahid employs in his deduction of issues. Indeed it is the most audacious stupidity to call the Muqallid a discarder or rejecter of traditions. May Allah reform their condition.
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In this regard whenever experts have found any statement in conflict with a Shari’ proof they have omitted the statement at once. Examples of this are the issues of the prohibition of consuming even a small quantity of an intoxicant and farming on a profit-share basis (muzara’at). It is clear in the books of the Hanafis that in these two issues the view of Imam Abu Hanifa is discarded. The number of such discarded views probably does not even reach ten. In this regard, this lowly servant (Hakim al-Ummah) made an investigation and besides five or six issues in which I had some reservations, not a single answer was found to be against the narrations. I even recorded the various ways in which the juristic answers correspond to the traditions in a treatise. Unfortunately the work was lost.

Even then, it is unlawful to revile a Mujtahid because his error is unintentional. It is a juristic (ijtihadi) mistake and he will be rewarded for this too as is in the narrations.
This we have said according to our knowledge. Otherwise it is quite possible that Imam Abu Hanifa had access to a narration that we are unaware of.

9.4 Ibn Taymiyya says in Raf’ al-Malaam ani’l ‘Aimmah al-‘Alaam that the forms of inferences from the traditions and Qur’anic verses are so many that no Mujtahid can be attacked for his inference. This book is worth a read. (Al-Ifaadat al-Yawmiyya)

9.5 Even if we were to assume that some narrations did not reach Imam Abu Hanifa we find Muhammad, Abu Yusuf, Zufar ibn Hudayl, Ibn al-Mubarak, Hasan ibn Ziyad and other eminent students of Imam Abu Hanifa living in the era of the hadith compilation.

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Following them came Imam Tahaawi, Karkhi, Haakim (author of Kaafi), ‘Abd al-Baqi ibn Qani’, Mustaghri, Ibn al-Sharqi, Zayla’i and other memorizers and critics of traditions among the Hanafis who flourished during the age of perfection of the standards of examining the narrations of the Prophet (saw). They were completely aware of the rigorously authenticated (sahih), weak (da’if), well-known (mashhur) and single-chained (aahad) narrations.Thus they omitted any analogical deduction of Imam Abu Hanifa that they perceived to be in conflict with the traditions.

Jurists of the caliber of Imam Muhammad ibn Hasan, Abu Yusuf, Zufar and Hasan differed (with the Imam) in a significant portion of his school. The Hanafi school of Law is based on the collective statements of Imam Abu Hanifa and these students and associates. (Muqaddima ‘Ila al-Sunan, Fawaaid-u-Shatta)

10. The objection: The Qur’an and traditions are before us. We can refer directly to them.

10.1 He who does not possess Quwwat-e-Ijtihadiyya (see no.11) has no right to resort to ijtihad.

10.2 Hadrat ‘Adiyy ibn Hatim (ra) narrated that when the verse, “And eat and drink…” was revealed he took a white thread and a black thread and kept it. During the night he looked at it but the two threads were not distinguishable from each other. In the morning he informed the Prophet (saw) who replied, “Your pillow is exceptionally large for the white and black threads (which actually imply the dawn light and darkness of the night) to be under it.”

Notwithstanding the fact that this noble Companion was an Arab who spoke Arabic he erred in understanding the purport of the Qur’anic verse because of not possessing the ability of ijtihad. The Prophet (saw) brought this to his notice in a humorous way. In other traditions he did not voice his disapproval of Ijtihaad from certain Companions. This shows that the Companion in question did not possess the ability for ijtihad and so the Prophet (saw) did not credit him for his opinion and perception.

10.3 Hadrat Ibn Mas’ud(ra) narrated that the Prophet (saw) said, “May Allah keep that person happy and prosperous who listens to my traditions, retains it and passes it on to others. Indeed how many of those who pass on knowledge are not versed in it themselves and often a man passes on knowledge to one who understands it better than the one who delivered it.
Imam Shafi’, Bayhaqi in al-Madhkal, Ahmad, Tirmidhi, Abu Dawood, Ibn Majah and Darimi who narrated this from Hadrat Zayd ibn Thabit (ra).

There is clarity in this hadith that some memorizers of hadith may not understand the meanings of the narrations or possess (deep) understanding of it.

10.4 A simple, straightforward test of this matter is to take a 100 bylaws at random from a book of Islamic jurisprudence in which the source evidences are not mentioned and trace their sources in the Qur’an and hadith.

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Furthermore the principles governing the bylaws should be proven from the sources or indications of the Qur’an and narrations or with sound rational arguments. Then will one understand the limits of one’s own intelligence and the worth of the Faqih’s understanding. Allah willing, this will become evident and in the future no one will venture to make preposterous claims.

10.5 ‘Abdullah ibn Mubarak (rah) said, “Were it not that Allah rescued me with Abu Hanifa and Sufyan, I would have been just like the others.”
In other words, Allah saved him through Imam Abu Hanifa and Imam Sufyan Thawri from the perplexity and confusion in which a narrator is embroiled in when seeing conflicting and opposing narrations. The Imams would show him how the two (seemingly opposing traditions) are reconciled or which one enjoys first preference, thus explaining the meanings of the two to him.

Indeed this was the case with many narrators who were rescued by none other than the Fuqaha-e-Muhadditheen, those who were experts in both narration and reasoning (diraayat).

Qadi Iyad narrated the following in Tadreeb al-Madaarik under the biography of ‘Abdullah ibn Wahb Qurayshi Misri, the student of Imam Malik (rah) – v3, pp. 231/6:
Yusuf ibn ‘Adiyy said, “I found some people to be jurists, not traditionists and some to be traditionists and not jurists. Only ‘Abdullah ibn Wahb did I find to be a jurist, traditionist and ascetic.”

Ibn Wahb said, “Had Allah not rescued me through Malik and Layth, I would have gone astray.” He was asked, “How is that?” He answered, “I immersed myself in narrations and became perplexed. I would present my doubts to Malik and Layth who would tell me which tradition to take and which to leave (due to unreliability, abrogation or some other factor). End of Qadi Iyad’s note.

Hafiz Ibn ‘Abd al-Barr also documented this in Intiqa’ with a similar text. Our Shaykh, the research scholar (Muhaqqiq) al-Kawthari annotated it with the following words:
“Ibn ‘Asaakir’s text with his chain upto Ibn Wahb is: ‘Had it not been for Malik ibn Anas and Layth ibn Sa’ad, I would have perished. I was under the impression that everything narrated from the Prophet (saw) had to be carried out.’ In one narration he says, ‘I would have gone astray.’ i.e. in view of the conflict between the traditions which happens to many narrators who are strangers to Islamic jurisprudence and cannot distinguish between a tradition that enjoys practical status from one that is the opposite.”
There are 2 kinds of hadith. While both are authentic, it is not necessary that practical expression is given to all narrations just on the basis of their authenticity. Some lack the ability to distinguish between these two types and it is not within everyone’s understanding to differentiate between the ones’ for practical use and the ones’ which are not.
For instance, it comes in the narrations that one who consumes liquor for the fourth time should be killed (Mishkat). This view is not held by any scholar.
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This tradition is abrogated as it is reliably reported that a person was brought to the Prophet (saw) after having consumed liquor for the fourth time but he was not put to death. (Mirqat al-Mafatih)

10.6 Qadi Bishr ibn Walid said, “We would be with Sufyan ibn ‘Uyayna when a problematic juristic issue would come to us. He would ask, ‘Is there anyone from the companions of Abu Hanifa here?’ My name would be taken. He would say to me, ‘Answer.’ I would then answer. Then he would remark, ‘Safety in Deen is to refer to the fuqaha’.’”

11. What is Quwwat-e-Ijtihadiyya?

11.1 Now hear the traditions from which the meaning of Quwwat-e-Ijtihadiyya will become clear.

a. ‘Abdullah ibn Mas’ud narrated that the Messenger of Allah (saw) said, “The Qur’an was revealed in seven readings. Every verse has an apparent meaning and an inner meaning. And for every horizon is a view.” Mishkat al-Masabih from Sharh al-Sunna.
In other words, the apparent meaning of the verse can be understood through the Arabic language and the hidden meaning through intellectual and reasoning powers adorned with the fear of Allah.

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b. Narrated 'Urwa: I asked 'Aisha : "How do you interpret the statement of Allah,. : Verily! (the mountains) As-Safa and Al-Marwa are among the symbols of Allah, and whoever performs the Hajj to the Ka'ba or performs 'Umra, it is not harmful for him to perform Tawaf between them (Safa and Marwa.) (2.158). By Allah! (it is evident from this revelation) there is no harm if one does not perform Tawaf between Safa and Marwa." 'Aisha said, "O, my nephew! Your interpretation is not true. Had this interpretation of yours been correct, the statement of Allah should have been, 'It is not harmful for him if he does not perform Tawaf between them.'
The Shaykhayn, Muwatta’ Malik, Abu Dawood, Tirmidhi and Nasaa’i.

c. Speaking on the virtues of the Companions, Hadrat Ibn Mas’ud said, “They are the most virtuous of the entire Muslim nation, their hearts are pure, possessed of the most profound knowledge they were (yet) very open and informal. “
Razin.

d. Hadrat Ibn Juhayfa narrated, “I asked `Ali (ra): Do you have some knowledge that is not in the Qur’an?” He answered, “I swear by that Being who split the seed and created life, we do not have any (extra) knowledge except for a distinct perception in (understanding) the Qur’an which Allah gives to whoever he pleases.”
Sahih al-Bukhari, Sunan Tirmidhi and Sunan Nasaa’i.

e. Hadrat Zayd ibn Thabit narrated, “During the battle with the people of Yamama, Abu Bakr sent someone to call me.
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