Query Regarding Taqleed

[mohtashims]

Assalamualaikum,

I happen to have a query regarding "Taqleed" after various posts of mine on sunniforum.com and listening to debates.

The below thread

http://www.sunniforum.com/forum/show...632#post794632

was answered by Mufti saheb, however it is now closed, hence I opened this thread to seek guidance on this subject.

I know various scholars across the centuries post the era of the 4 Mahahib's Imams that we Hanafis consider as from "Ahle Sunnah Wal Jamah" yet these scholars chose rulings in matter of fiqh different than what their mazhab propogates.

To list a few...

1. ibn Taymiyyah r.e.h.
2. ibn Hajr Asqalani r.e.h
3. The students of Imam Abu Hanifa r.e.h Imam Muhammed and Imam Yusuf
4. Allama Abdul Hayy Lakhnawi r.a
5. Allama Anwar Shah Kashmiri r.a

When these scholars differed on issues and went against their mazhabs shouldn't they be classified as "Ghair Mukallids". If not please explain me why in detail?

Also, does our stance on Taqleed compels a layman to follow one mazhab, however gives liberty to the Aalims(some or all) that graduate from Deoband or elsewhere to opt for rullings which are not confined to a particular mazhab so they can follow what they feel more appropriate?

[Jadeed]

Those people were mujtahidin in some respect so they ruled on what they felt was true via the lens of the usool of the mad'hab that they were affiliated to.

This is an issue... how?

[abdulwahhab]

I don't know why you've listed Imam Muhammad and Imam Abu Yusuf رحمهما الله since their rulings are considered part of the madhhab.

[mohtashims]

Those people were mujtahidin in some respect so they ruled on what they felt was true via the lens of the usool of the mad'hab that they were affiliated to.

This is an issue... how?

If your above quote was to be true then why would ibn Taymiyah state.

And whatever I take from the Madhab of Ahmed[bin Hanbal] is upon my maarifah, I do not do his taqleed. [Ai'laam Al Muwaqi'een of ibn Qayyim Vol 2 Pg 241/242]

Was he correct or are you correct or did I miss-understood something?

also, your statement gives me a sense that we(Hanafis) don't mind any scholar who claims to be at some level to do ijtehaad (which can be very large in number as there is no strict defination around the classification of being a mujtahid) it is absolutely fine for him to deviate from his mazhab in matters of fiqh (as I understand that taqleed is only permissible in the matters of fiqh).

Also, your claim that they used the same usool of thier mazhab. Can you give any example. If not can you list some usool that they would have stuck to inline with their mazhab and gave a different ruling than the Imams ?

I don't know why you've listed Imam Muhammad and Imam Abu Yusuf رحمهما الله since their rulings are considered part of the madhhab.

The reason I mention them is that they differed from the rulings of hanafi mazhab which was the stance of Imam Abu Hanifa r.e.h. If you read the O.P it has a link to which Mufti Saheb has answered where he says that the mazhab says something and Anwar Shah Kashmiri chose to differ from the mazhab, why can't we say the same in case of Imam Muhammad and Imam Abu Yusuf رحمهما الله ?

[ImamGhazzaali]

Some argue that the students of Imam al-A'dham were not absolute Mujtahids, while some state they are.

Those who agreed they were absolute Mujtahids, some of them were Zahid al-Kawthari, 'Abd al-Hayy al-Laknawi, Amir Badshah etc,.

They generally agreed with the principles of usul, fiqh and the methodology of their teacher. However, they differed in them as well and the results of the rulings derived from them.

One should note that they were no less in rank and scholarship than the other 3 madhhaahib's Imams (Shafi'i, Malik ibn Anas, Ahmad) and others.

As for us, laymen, who have no right to call such Imams or even Ibn Taymiyyah, 'Abd al-Hayy al-Laknawi and others as 'ghayr muqallids'. The scholars know better about the deen than us, thus they have arrived at where they have.

These scholars had attained the status of scholarship and rightly so, to differ with their school on some issues. You'll notice this even today.

We must remember to respect the scholars, even if they are not of the same view as ours because in reality, who are we to criticize them in their scholarship? We clearly lack in it and if one is arrogant enough to criticize them despite having no sound knowledge of the sciences of Islam, then he [as a laymen] does not know his role in the deen and is lacking some manners.

Wallahu a'lam.

[Jadeed]

If your above quote was to be true then why would ibn Taymiyah state.

And whatever I take from the Madhab of Ahmed[bin Hanbal] is upon my maarifah, I do not do his taqleed. [Ai'laam Al Muwaqi'een of ibn Qayyim Vol 2 Pg 241/242]

Was he correct or are you correct or did I miss-understood something?

No, he was a mujtahid, so he could understand the rulings of Imam Ahmad and the proofs thereof and decide whether to adhere to that opinion or not.

Also, your claim that they used the same usool of thier mazhab. Can you give any example. If not can you list some usool that they would have stuck to inline with their mazhab and gave a different ruling than the Imams ?

Everyone sees things differently. To some people, some rulings appear stronger, even if viewed through the same usool.

[SASLAMS]

in reality there were thousands of mujtahideen but they did not stand out as much as the ones we know. a perfect example is in hadhramaut yemen. I Tarim it is mentioned that there were about 40 tribes, each tribe had their own mujtahid Imaam & after he died there was another. so you had about 40 madhabs or so, all of whom were on sunnah though & would still stick to the shafi' madhab when in public gatherings. when Imaam Muhajir arived some of the schools decided to follow his fatawa only & took baya', some tribes disagreed & stuck to their own tribes. its mentioned that at the jamia masjid for jumuah the first two saff were only ocupied by mufties.

later on in history only the shafi' madhab prevailed but there were still a number of scholars who could do their own ijtihad. one of them Imaam haddad. once on hajj he was asked by a Maccan as to what madhab did he follow, being a blind man he said we are from hadharmaut & the madhab of our people & our shuyukh is that of Imaam Ash Shafii'. those present & knew his rank asked him. why didnt you say that you follow quraan & sunnah because you are able to do ijtihad. the imaam said if I had said that the man would have laughed & disrepected me because its not common for a great scholar to be blind. the imaam was protecting the man from insulting a scholar.

so there may be others but we wouldnt know them all. & they have the right to go out of their madhahib & make their own ijtihad or they may stick to the madhab they started off in. a good example of this is that of Imaams Nawawi & ibn Hambal RAH, both of whom were students of the shafi' madhab, one whent off & was the head of a new madhab & the other chose to work on & revise the current madhab.