TAQLEED AND FOLLOWING A MAZHAB
Question:
 Did not the Four Imams command others not to follow them when there are
 authentic Hadith which on the face of it appears to contradict their 
findings?
Answer:
“In
 substantiation of their claim they [the Salafis/modernists] present the
 well-known statements of the Fuqaha and Aimmah Mujtahideen of the 
Salaf-e-Saalihoon such as:
“
 When you find in my kitaab anything contradicting the Sunnah of 
Rasulullah (sallallahu alayhi wasallam) then say (i.e. command) the 
Sunnah of Rasulullah (sallallahu alayhi wasallam) and leave aside my 
statement.” (Imaam Shaafi)
“
 When the Hadith is established as authentic in opposition to my 
statement, then act according to the Hadith and abandon my statement.” 
(Imaam Shaafi)
“ When the authenticity of the Hadith is established, then that is my Math-hab.” 
Similar
 statements have been attributed to Imaam Abu Hanifah by Ibn Abdul Barr.
 Imaam Sha’raani too attributes similar statements to Imaam Abu Hanifah.
 In Raddul Mukhtaar, Allaamah Beeri narrating from Sharah Hidaayah of 
Ibn Shuhnah says:
“ When the Hadith is authentic then that is my Math-hab.” (Imaam Abu Hanifah)
The
 authenticity of these statements is not contested. However, neither do 
these salafis understand the meaning of these statements nor do their 
audiences. The audience being unschooled in the higher knowledge of the 
Shariah simply take in what is gorged out by the devious speakers of 
this sect. The salafis claim to be the followers of the Salaf. In their 
definition of the Salaf they quite rightly include the Fuqaha and Ulama 
of Quroon-e-Thalaathah (the first three glorious epochs of Islam)-the 
age of the Sahaabah, Taabieen and Tab-e-Taabieen. The Aimmah Mujtahideen
 which include the four illustrious Imaams of the Four Math-habs of the 
Ahlus Sunnah Wal Jama’ah are all part of the Salaf.
While
 these salafis seek to eke out unbridled rejection of Taqleed for every 
man in the street on the basis of the aforementioned statements 
attributed to the great Imaams, the great Ulama who follow these Aimmah 
Mujtahideen aver otherwise. Commenting on these statements, Imaam 
Nawawi (rahmatullah alayh) says:
“
 This which Imaam Shaafi has said does not mean that everyone who sees a
 Saheeh Hadith should say: ‘This is the Math-hab of Shaafi, thus 
practising on the zaahir (text/external or apparent meaning) of the 
Hadith.
This
 most certainly applies to only such a person who has the rank of 
Ijtihaad in the Math-hab. It is a condition that he overwhelmingly 
believes that Imaam Shaafi was unaware of this Hadith or he was unaware 
of its authenticity. And this is possible only after having made a 
research of all the books of Shaafi and similar other books of the 
Ashaab of Shaafi, those who take (knowledge) from him, and others 
similar to these (books). This is indeed a difficult condition (to 
fulfil). Few are there who measure up to this (standard).
What
 we have explained has been made conditional because Imaam Shaafi had 
abandoned acting on the zaahir (text) of many Ahadith which he saw and 
knew. However by him was established proof for criticism in the Hadith 
or its abrogation or its specific circumstance or its interpretation, 
etc. (hence he was constrained to leave aside the hadith).”
Shaikh Abu Amr (rahmatullah alayh) said:
“It
 is not easy to act according to the apparent (zaahir) text of what 
Imaam Shaafi said. It is not lawful for (even) every Faqeeh (qualified 
Aalim who has deep insight) to act independently with that which he 
opines to be proof from the Hadith.” (I’laaus Sunan, Vol. 2, page 225)
It also appears in I’laaus Sunan of Muhaddith Zafar Ahmad Uthmaani (rahmatullah alayh):
“Imaam
 Sha’raani has also narrated it (i.e. the statement ‘When the 
authenticity of a Hadith is established it is my Math-hab.’), 
attributing it to the four Imaams. It is not hidden (from understanding)
 that this is for the one who has the ability (insight and 
qualification) in the Nusoos and the knowledge of its clear laws and its
 abrogations.” (Volume 2, page 226)
Discussing this statement in his treatise, Shaikh Yusuf Bin Ismaail Nibhaani says:
“
 Verily, the statement: ‘When the Hadith has been authenticated, then it
 is my Math-hab’ has been narrated from each one of these four Imaams 
who were free from personal opinion. The audience to whom this statement
 (‘When the Hadith is Saheeh it is my Math-hab.’) was directed, is only
 his (the Imaam’s) Ashaab (the Fuqaha of his Math-hab) who were great 
and illustrious Aimmah fully qualified in the rational and narrational 
sciences (of the Deen). 
(And
 the statement is directed to) those who came after these illustrious 
Aimmah among the great Ulama of his Math-hab, those who were the Ahlut 
Tarjeeh (a high category of Ulama). All of them who were the Haafizeen 
of the Hadith of Rasulullah (sallallahu alayhi wasallam) were fully 
aware of the daleels (proofs) of all the Math-habs………These are the ones
 whom the Imaam (of the Math-hab) had directed his statement: ‘When the 
Hadith is Saheeh, it is my Math-hab.’….Verily, they (these great Fuqaha)
 are able to reconcile between the Hadith from which the Imaam had 
derived proof, and the (latest) Hadith which was established as 
authentic after the Imaam. They (these illustrious Fuqaha) can see which
 of the two Hadiths is more authentic, stronger and which of the two 
Hadiths is the later one so that the later one can be the Naasikh 
(abrogator) for the earlier one.” (Hujjatullah alal Aalameen)
It should now be crystal clear to every unbiased person possessing the least degree of Aql (intelligence) that the statement:
 ”When the Hadith is Saheeh it is my Math-hab.” ,
 is
 directed to an audience of illustrious Fuqaha who were masters and 
experts in Ijtihaad; who had embraced all sciences of the Shar’i Uloom; 
who were Muqallideen of their Imaams, who were Huffaz of Hadith; who 
were experts of both narrational and rational (Manqool and Uqool) 
branches of knowledge; -in short, who were Ulama and Fuqaha of the 
highest category, whose likes did not again appear on earth after them 
nor will appear again on earth until the Day of Qiyaamah because those 
illustrious Fuqaha were a Band of Muhaqqiqeen whom Allah Ta’ala had 
specially created to formulate and systematise the Shariah for posterity
 in such a manner that no mudhil (deviate who leads astray) can ever 
hope to escape with his baatil interpolations and nafsaaniyat.
While
 the illustrious Aimmah-e-Mujtahideen directed their command to their 
Students (Fuqaha and Ulama of the highest category), these half-baked 
and raw salafi deviates direct the Aimma’s statements to an audience of 
juhala-people who have yet to become adept in the basics of Tahaarat, 
Salaat, Saum, etc.
Even
 the greatest Aalim alive today cannot avail himself of the statement of
 the Aimmah-e-Mujtahideen, leave alone the myriads of half-baked Ulama. 
The masses cannot even be considered in this regard. Here in this 
context when we say ‘half-baked’ we are referring to even the present 
day Ulama-e-Haqq whose duty it is to safeguard the Shariah. Even these 
highly qualified Ulama of the present age are ‘half-baked’ and grossly 
under baked in relation to the giants and stars of the Shar’i Uloom who 
strode the Firmament of Islamic Knowledge and Piety during the 
Quroon-e-Thalathah.
The
 age for weighing the verdicts of the Aimmah-e-Mujtahideen against the 
Ahadith has long passed. It is downright silly and stupid for anyone in 
this age to run away with the puerile notion of having the ability to 
rectify, amend or refute any of the rulings of the Aimmah-e-Mujtahideen.
 Any such amendment to any of the rulings of the Aimmah-e-Arba-ah was 
affected many centuries ago-a thousand years ago-by their great Students
 and Ashaab. Indeed these deviate salafis are suffering from the disease
 of self-conceit and pride in their belief that ‘erroneous’ fataawa of 
the Aimmah had remained undetected for the past thousand years and that 
it was only now in this age that a deviate like Al-Baani acquired the 
‘honour’ to correct the ‘mistakes’ of the great Imaams of the Mathaahib.
It
 needs no deep wisdom to understand the reason for the Aimmah’s 
directive to their Ashaab/Students to review their rulings on the 
Standard of the Saheeh Hadith. The Shariah of Islam is the product of 
Wahi. It is not the product of anyone’s opinion, be he the greatest 
Faqeeh. In that early age of Islam the Shariah had not yet been fully 
codified in chapter form and systematically reduced to writing and all 
the Ahadith had not been compiled. The age of Hadith compilation came 
much later. 
It
 was therefore likely that an Imaam was not aware of all the Ahadith on
 a specific subject. He would issue his fatwa on the basis of all 
available Nusoos (Qur’aanic aayat and Ahadith). However, when later he 
was apprized of a Saheeh Hadith which contradicted his fatwa, he would 
immediately review his ruling and if the authenticity and other relevant
 aspects of the Hadith were established, he would revoke his fatwa and 
issue a new fatwa.
Similarly,
 if the Saheeh Hadith came to the attention of the Imaam’s Ashaab after 
the death of the Imaam or in his absence, they would adopt the same 
process of review and amend their Imaam’s ruling in obedience to his 
command to do so. Thus, the statement: “ When the Hadith is Saheeh, it 
is my Math-hab” , and similar other statements attributed to the 
Aimmah-e-Arba-ah, had their application during the age of Ijtihaad when 
the process of the formulation, codification and systematization of the 
Shariah was in progress. The authorities of the Shariah, viz., the 
Fuqaha-e-Mujtahideen, to whom the directive was issued by the Aimmah of 
the Mathaahib, had already given expression to this command.
Thus
 these statements have outlived their utility and are no longer 
applicable for the simple reason that all the Saheeh Ahadith have 
already been compiled 1250 years ago. Any reviewing which had to be 
done, was completed 1250 years ago. The statements of the Aimmah in this
 regard have only historical importance, and cannot be considered any 
longer for practical expression. It is indeed ludicrous to run away with
 the assumption that for 1200 years any errors of the Aimmah Arbah 
remained undetected and a man like Al-Baani of this age came to rectify 
such ‘errors’.”
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