MY QUESTION TO ASKIMAM.ORG

Fatwa # 17929 from Malaysia
Date: Thursday, May 14th 2009
Category: Jurisprudence and Rulings (Fiqh)
Title: What your opinion about boycott?

Question: What your opinion about boycott?

Answer:-

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh

Boycotting can be of different types. The two common types of boycotting are economic boycotting and social boycotting.

In economic boycotting, a group of people decide to boycott certain shops or products to show their economic and political power. This is permissible and has proven to be effective.

In social boycotting, a group of people decide to boycott a person or a group of people to express their displeasure with them. This type of boycotting is also permissible, but it is restricted by the following hadīth:
حدثنا عبد الله بن يوسف أخبرنا مالك عن ابن شهاب عن عطاء بن يزيد الليثي عن أبي أيوب الأنصاري أن رسول الله صلى الله عليه و سلم قال لا يحل لرجل أن يهجر أخاه فوق ثلاث ليال يلتقيان فيعرض هذا ويعرض هذا وخيرهما الذي يبدأ بالسلام (صحيح البخاري، باب الهجرة)
The Prophet صلى الله عليه وسلم said, "It is not permissible for a person to leave his brother for more than three nights [such that] they meet, but each of them turns away from the other. The better of them is the one who makes salām first. (Bukhārī)

However, if it is expected that boycotting the person for a longer period of time will bring about a positive change in the person, then to socially boycott the person for even more than three days with this intention is permissible [i]. This can be seen in the hadīth where the Prophet صلى الله عليه وسلم ordered the Muslims to not speak to the three Sahābah who did not go to Tabūk (see Sahīh al-Bukhārī, "The Chapter of K'ab ibn Mālik," for the detailed story). This social boycott lasted for a total of 50 days.

[i]
(فتاوى محمودية، كتاب الحظر والإباحة، باب المعاشرة والأخلاق، الفصل الرابع: 18/509-511؛ فاروقية)
And Allah knows best
Wassalamu Alaikum
Ml. Abrar Mirza,Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim DesaiDarul Iftaa, Madrassah In'aamiyyah

http://www.askimam.org/fatwa/fatwa.php?askid=15a7a2833c38b8ab595d1db22ccf91ee

KISAH SAHABAT

Penerimaan jawatan khalifah demi untuk kebaikan agama.

Telah dikeluarkan oleh Ibnu Rahawiah, Al-Adani,Al-Baghowi dan Ibnu Khuzaimah daripada Rafi’ katanya:”tatkala umat Islam melantik Abu Bakar ra. Sebagai khalifah, aku telah berkata:”ketika aku mengetahui bahawa Abu Bakar ra. Telah dilantik sebagai khalifah aku terkenang bahawa beliau adalah sahabatku yang telah menyuruhku agar aku tidak menerima jawatan sebagai amir walaupun untuk dua orang. Aku bertolak ke madinah dan sampai di sana. Aku pun menampilkan diriku di hadapan Abu Bakar ra. Dan bertanya kepadanya:”Ya Abu Bakar! Adakah kamu masih mengenaliku?” jawab Abu Bakar ra. :”ya”

Akupun berkata:”Adakah kamu mengingati sesuatu yang pernah kamu ucapkan kepadaku?(iaitu) Agar aku jangan menjadi amir walaupun untuk dua orang dan tetapi sebaliknya kamu telah menjawat jawatan amir untuk umat.”

Abu Bakar berkata:”sesungguhnya Rasulullah saw telah wafat dan ramai manusia yang masih baru memeluk Islam. Oleh itu aku takut sekiranya mereka akan kembali ke agama asal mereka (murtad) dan bertelingkah di antara satu sama lain. Oleh kerana itu, aku menjawat jawatan khalifah ini walaupun aku tidak suka memegangnya.”Abu Bakar berterusan menerangkan tentang kelemahannya sehingga aku menerima alasannya itu.

(Sebagaimana dalam Al-Kanz dengan rujukan hayatus sahabah)

Hari ini manusia berlumba-lumba menjawat jawatan sebagai ketua itu,ketua ini kerana hanya ingin mahsyur,inginkan sesuatu keperluan daripadanya tanpa memikirkan tanggungjawab dan persoalan yang mereka akan jawab diakhirat kelak. Seorang yang tidak berkebolehan untuk menjadi ketua pun ingin supaya mereka menjadi ketua. Sedangkan seorang sahabat yang kita tahu begitu tinggi darjatnya di sisi Allah pun begitu sedih dan takut apabila menerima jawatan sebagai ketua

 

Larangan  mengangkat seseorang yang meminta atau berambisi menduduki suatu jabatan.

Dari Abu Musa Al-Asy’ary ra. Berkata:”saya bersama dua orang saudara sepupu datang kepada Nabi saw., kemudian salah seorang diantara keduanya itu berkata:”wahai Rasulullah, berilah kami suatu jabatan pada sebagian apa yang telah Allah ‘azza wajalla kuasakan terhadap tuan.” Dan yang lain juga berkata seperti itu. Kemudian beliau bersabda: “Demi Allah, aku tidak akan mengangkat seseorang dalam suatu jabatan yang yang mana ia memintanya, atau seseorang yang sangat ambisi pada jabatan itu”(riwayat Bukhari dan Muslim)

 

 

The Taqleed of the lay person

In the context of Taqleed a "lay person" is defined as one who knows little

regarding the Arabic language, and about Islam in general - even though they may be

intelligent in other fields of knowledge. Proficiency to read Arabic titles concerning the

Qur'an and Sunnah but devoid of any formal Islamic studies with a qualified instructor

would also place a person within the ambit of laity. In addition, students who have taken

formal courses in Islamic sciences but have failed to develop acumen would also fall

within this classification. The above mentioned are under an obligation to practice

Taqleed. They must follow a specific Imam and Mujtahid because they simply do not

have the ability to refer to the Qur'an and Sunnah directly nor can they differentiate

between what is apparently contradictory and give scholarly preference to one opinion

over the other. Shaykh Khatib of Baghdad wrote:

"As for those who should apply Taqleed it is the lay person who does not know

the methods of extracting Islamic rules. It is permissible for such a person to follow one

specific Imam and act upon his Fatwas. This is so because he does not possess the tools

for Ijtihad so his duty is to follow, just as a blind person must follow someone who is able

to see for determining the direction of the Qiblah." 

The Muqallid (follower) on this level cannot get caught up in discussions of

proofs to see which Imam's view is stronger. His duty is merely to appoint one Mujtahid

and follow his opinions in all matters. This is because he is not academically capable of

making judgments of that kind. So much so that even if this person finds a Hadith which

apparently contradicts the opinion of his appointed Imam, he should not resort to

following the Hadith, but rather adhere to his Imam's opinion. He should assume that he

has not understood the meaning or context of the Hadith appropriately or he should have

no doubt that his Imam has a stronger proof than the Hadith in question, which he may

not be aware of.

This might seem to be a ludicrous proposition, explaining away the Hadith and act

upon the opinion of his Imam. The truth is that at this level of Taqleed no other

alternative exists. Freedom to practice upon any Hadith one sees, completely regardless of

the fact that Ahadith literature is spread over several hundred thousand Ahadith contained

in over more than three hundred compilations, would lead to a distortion of the Shari'ah

and result in chaos and confusion, because understanding how to extract rules from the

Qur'an and Sunnah is so vast an enterprise that even if one spent a lifetime endeavoring to

achieve this, it would not be possible to claim expertise. Many times, an apparent

meaning is understood from a certain Hadith but after careful examination of the

principles of the Qur'an and Sunnah, and other equally authentic Ahadith a totally

different meaning emerges. Acting upon the apparent meaning of a Hadith will give

rise to as many differing interpretations of a Hadith as there are intellects. I myself have

witnessed many people who have studied the Qur'an and Sunnah and (without the aid of a

scholar or a school) have made outrageous conclusions which are far removed from the

truth. A friend very keen to study books on Hadith believed adamantly that although he

was a follower of Imam Abu Hanifa, he would not hesitate to leave his school of thought

if he found any Hadith, which contradicted it. Based on this belief, he informed someone,

in my presence, that a person's wudu or ablution is not broken unless one actually hears

wind passing or smells it. I understood immediately from where this misconception arose.

It is true that such a Hadith exists in Tirmidhi. The full Hadith narrated by Imam Tirmidhi

reads:

"Abu Hurairah RA narrated that the Prophet sallalahu alaihi wa sallam said: "Wudu does

not break unless there is a sound or smell."

Imam Tirmidhi then narrated another Hadith, which is very similar to the one above:

"If anyone of you is sitting in the mosque and feels air between his buttocks, he should not

leave unless he hears a sound or smells something."

My friend assumed that wudu did not break, according to this narration, unless

there was evidence of a sound or a smell. The truth is quite far from it. All the scholars

unanimously agree that this Hadith concerns only those people who are habitually

suspicious of their wudu breaking 'without a valid reason. The Prophet sallalahu alaihi wa

sallam informed that they would need more than their suspicions to confirm the invalidity

of their wudu. This is elucidated in other narrations such as the one in Abu Dawood:

"If anyone of you are in the mosque and feels some movement in his buttocks and then

starts to doubt whether he has broken his wudu or not, should not leave unless he smells

an odour or hears a sound."

Abu Dawood himself has further narrated from Abdullah ibn Zubair RA that the

Prophet sallalahu alaihi wa sallam explained this to person who was continuously suspicious

of his wudu. Only a person who is qualified and an expert in Hadith can reach this

conclusion. Acting upon reading one Hadith from one book would only lead to

misconceptions and errors such as the one committed by the person in question. What is

alarming is that he had been acting upon the apparent meaning of the Hadith for a long

time. He did not know how many prayers he had offered without wudu.

Likewise, if the concession to leave an Imam's opinion for the sake of a Hadith is

granted, the following Hadith narrated in Tirmidhi would appear to go against the

collective (Jumhoor) Fatawa of the Imams.

"Ibn Abbas RA narrated that the Prophet sallalahu alaihi wa sallam combined the

afternoon prayer (Zuhr) with the late afternoon prayer (Asr) and the evening prayer

(Maghrib) with the night prayer ('lsha) in Madinah even though there was no rain or fear

present. Ibn Abbas RA was asked to explain this action and said that the Prophet sallalahu

alaihi wa sallam did not wish any burden to fall on his community."

The initial impressions one gains from this Hadith is the permissibility to combine

Zuhr with Asr and Maghrib with Isha even without being a traveler, in fear or excessive

rain. All the scholars, including the people who claim to follow Hadith literally, see the

Hadith as meaning an apparent combining of the prayers in question. The Prophet sallalahu

alaihi wa sallam offered Zuhr when it was almost time for Asr and then Maghrib when it

was almost time for 'Isha. This interpretation would be in line with all other principles and

proofs from the Qur'an and Sunnah, whereas the first and apparent meaning would not.

These are two examples from many, where a person who is not qualified can very easily

mislead himself and others into interpreting texts incorrectly. For this reason Scholars

have declared that a non-scholar who is not capable of understanding Hadith should learn

from a person who has expertise in the field. The Taqleed of an Imam or Mujtahid is

made when there is an apparent contradiction in the Qur'an and Sunnah. If there is a

difference of opinion between Imam Abu Hanifa and Imam Shaf'iee, proofs exist for both

sides. In instances where there exist discordant proofs for two sides, the person who

cannot judge which one of the two scholars, argument is stronger should follow a specific

Imam and Mujtahid.

If one adopts Imam Abu Hanifa to be as one's Imam and finds a Hadith which

apparently supports Imam Shaf'iee opinion, he should not leave Imam Abu Hanifa's

opinion because there must be a stronger reason (according to the Hanafi view) for Imam

Abu Hanifa (or Mujtahids within the Hanafi school) to leave the Hadith. None can

conclude that the Hanafi view is against the Hadith. This is all the more apparent in a

scenario where the follower does not have the academic qualifications to judge which

proof is stronger, even if this follower finds a Hadith which contradicts his Imam, he

should not forsake his Imam's opinion but rather assume that he has not understood the

meaning of the Hadith in its appropriate context. The principle of this approach is very

simple. A person who is in need of legal advice goes to a reputable lawyer and attorney.

He does not resort to researching the books of law independently. If he approaches a legal

expert whose reputation is flawless and about whom he knows that he would not mislead

him - and finds that there is an apparent contradiction in the law and what he is advising,

he should still listen to the attorney and act upon his advice. He should still give his

attorney the benefit of the doubt and assume that the law may be interpreted in a way,

which is different to his own understanding. This approach is necessary (and accepted) because everyone knows that understanding the law requires tremendous expertise and

acumen. This expertise is all the more necessary where the law is deduced from the

Qur'an and the Sunnah and extrapolated to the full corpus of the Shari'ah, which covers

the whole ambit of human existence. Scholars have indicated that the lay person should

not resort to understanding the Quran and Sunnah directly, but rather consult scholars and

jurists. This has been promoted to the extent that if a lay person is given a Fatwa which

turns out to be wrong, the liability will be with the one who gave the Fatwa and not on the

one who sought and applied it, but if a lay person decides to consult the texts himself and

assumes an incorrect interpretation and acts upon it, he will not be freed from blame for

his mistake since it was not his responsibility to search for an answer independently.

For example, cupping while fasting does not invalidate a person's fast. If a lay

person asks a Mufti if cupping breaks his fast and the Mufti, for whatever reason, replies

in the affirmative, then the burden of the lay person eating and drinking for the remainder

of the day will fall on the Mufti and not on the lay person. The author of Al-Hidayah, a

renowned book on Hanafi law, said that the lay person would have to make up the fast but

there will be no additional penalty on him. The author of Hidayah explained this by

saying that the Fatwa is a legal proof for the lay person, but if this same lay person read in

Abu Dawood and Tirmidhi that the Prophet sallalahu alaihi wa sallam passed by a person

who was cupping his blood while fasting and said:

"Both the one cupping the one cupped have invalidated their fast." 98

He decided that his fast had broken and started to eat and drink, then according to Imam

Abu Yusuf, he would have to make up the fast and be responsible for the penalty of

fasting sixty days consecutively. Abu Yusuf explained: "The lay person must follow the

scholar and the jurist since he is not able to reach a correct conclusion by reading the

Hadith."

To summarise, the first level of Taqleed is for the lay person who should follow

the opinion of his Imam.

book of the legal status of following a madhab by mufti taqi usmani.

TAQLEED

Taqleed

By 
Faqeehul Ummah 
Hazrat Mufti Mahmood Hasan Gangohi Sahib 
Rahmatullahi Alaihe

PUBLISHERS NOTE:

Some unacquainted people regard Taqleed as apostasy and they spread an atmosphere of malice and controversy amongst the Muslims and especially in the youngsters. Some Non Muqallid go as far as writing about it as polytheism. Hence, after one of our Deeni brothers read it out from a book in English and drew our attention towards it, a desire grew in my heart to make our youngsters aware of the significance of Taqleed in the Shari'ah. So that they do not become a prey to misunderstanding, divergence and confusion and so that they do not have a misconception regarding our Imams, that they had adopted a path which was detached from the Qur'aan and Ahadeeth. When in reality, after understanding the objective and the meaning of the Qur'aan and Sunnah, they simplified it into the form of Fiqha and Masa'il and then they offered it to the Ummah, which is in actual fact obeying the Qur'aan and Sunnah. For this reason, the Ummah owes a debt of gratitude to them, (May Allah reward them with the best of all rewards).

Therefore, concerning this, I found that the answers of Faqeehul-Ummah, Hazarat Sheikh, Sayyidi wa Murshidi, Mufti Mahmood Hasan, Gangohi rahmatullahi alaihe in Fatawa-e-Mahmoodia Vol.1, regarding the significance of Taqleed in the  Shari'ah, to be sufficient and adequate.

I brought it to the attention of respected Molvi Mohammad Asad rahmatullahi alaihe, to render the English translation. Maasha-Allah, he translated it into English in a very short period of time with great care and effort. May Allah bless him with barakah in his knowledge and deeds and may he accept this current composition and make it beneficial for us and a treasure for us in the hereafter, Aameen. 
 

(Mufti) Moosa bin Ahmad Badat (sahib) 
Batley, U.K/ 
26, Safar 1420 A.H               

QUESTION:

What is the significance of Taqleed in Shari'ah and if Taqleed is important then why is the Taqleed of an individual considered so important? What is the harm in following one particular Imam for a certain mas’alah then following another Imam regarding something else? Why do the Ulama prevent this, even when the masaalik of all the four Imams are accepted?

ANSWER:

The original source of guidance is the Qur'aan but generally it is the fundamental principles and Masa'il which are integrate precepts, stated in the Qur'aan. It was the duty of the Prophet (Sallaho Alaihe Wassallam) to explain in full the details and particulars: 'To make clear the issues that were sent to the people.'

(Bayanul-Qur'aan)

EXAMPLE NO.1:

It is stated in the Qur'aan: 'Establish Salaah.' The full details concerning Salaah are related to us by the Prophet (Sallaho Alaihe Wassallam) for instance, how many Rakaats there are in each Salaah? after which rakaat should qa'dah be performed? In which Rakaat is only Surah Fatiha read and in which rakaat is an additional Surah read? In which salaah is qira'at done loudly and when is it done quietly? etc. It is difficult to understand all this directly from the Qur'aan.

EXAMPLE NO. 2:

It is stated in the Qur'aan: ‘Pay Zakaah.' All the details on how the Zakaah is calculated on silver, gold, goats, cows, camels etc. have been found in the Ahadeeth. The Qur'aan has not mentioned anything in regard to this.

EXAMPLE NO.3:

It is stated in the Qur'aan: 'And pilgrimage to the house is a duty unto Allah for mankind, for those who can.' The details on how Tawaaf should be done and how many rounds there are in one tawaaf, the Masa'il of Arafat, Mina, Muzdalifah and Rami etc, have all been explained by the prophet (Sallaho Alaihe Wassallam).

To understand the Qur'aan, it is firstly important to acquire the intelligence of Ahadeeth. It is impossible to understand the Qur'aan whilst neglecting Ahadeeth. The Ummah has been commanded to derive guidance from the Qur'aan under the explained instructions of the Prophet (Sallaho Alaihe Wassallam). In this respect, the obedience of the Prophet (Sallaho Alaihe Wassallam) means the obedience of Allah:

 'Whoever so obeys the Prophet ? has indeed obeyed Allah.'

(Bayanul-Qur'aan)

 Therefore it is mentioned in the Ahadeeth 'Perform salaah in the manner that you have seen me perform.'

(Bukhari Sharif Vol.2 pg.1076).

The Prophet (Sallaho Alaihe Wassallam) did not say, pray the way you understand from the Qur'aan.

DIFFERENT TYPES OF AHADEETH:

Some things were mentioned verbally by the Prophet (Sallaho Alaihe Wassallam) himself, they are called ‘Hadith-e-Qawli'. Some things were shown practically, which are known as ‘Hadith-e-Fe'Ii' and there are those things which were done in front of the Prophet (Sallaho Alaihe Wassallam) or were brought to his attention but he did not reject or deny them, instead he preferred to remain silent, which supports their confirmation. This is called 'Taqreer'. These three types of Ahadeeth are a source of guidance for the Ummah.

QIYAS:

There are also some things which the Prophet (Sallaho Alaihe Wassallam) was asked. He answered, then he set a question for the same person, knowing that the answer was quiet apparent and that he would know it. After the person replied, the Prophet (Sallaho Alaihe Wassallam) explained that the question you asked falls under the same ruling as this.

EXAMPLE:

Somebody inquired that since Hajj is due upon my mother, would it be sufficient if I were to perform it on her behalf ? The Prophet (Sallaho Alaihe Wassallam) replied in the affirmative. Then he asked the same person that if she took a loan from somebody and you paid it off, would it be acceptable or not ? He replied that yes it would be acceptable.  The Prophet (Sallaho Alaihe Wassallam) then said that paying off the loan of Allah would more readily be acceptable.

It has been narrated from Hazarat Abdullah ibn Abbas (Sallaho Alaihe Wassallam) that a woman came to the Prophet (Sallaho Alaihe Wassallam) (and said): "My mother vowed to go for Hajj, but she died before she could go. Therefore can I perform Hajj on her behalf?" The Prophet (Sallaho Alaihe Wassallam) replied, "Yes you can perform Hajj on her behalf. Tell me, “If your mother had debts, would you have paid them off?"  She answered, "Yes" The Prophet (Sallaho Alaihe Wassallam) said, "Fulfill Allah's right, for Allah is more worthy that his right be fulfilled."

Bukhari Sharif Volume 2 pg.1088

In Shari'ah this is known as Qiyas, Ijtihad, Istinbaat and I'tibaar. Teachings of this nature are substantiated from the Prophet (Sallaho Alaihe Wassallam). Its conditions and details can be found in the books of Usool. It is needed when a Mas’alah cannot be clearly understood from the Qur'aan and Ahadeeth.

The Prophet (Sallaho Alaihe Wassallam) sent Hazarat Mu'aaz ibn Jabal (Sallaho Alaihe Wassallam)as a Qadhi to Yemen. He gave him a lot of counselling and went a long way with him to bid him farewell. He also asked him "According to which law will you make your judgements?" He replied, "According to the Qur'aan." The Prophet (Sallaho Alaihe Wassallam)  then inquired. "What if you do not find it in the Qur'aan?" He answered, "Then according to the Sunnah of Rasoolullah ?" Then he asked, "What will you do if you do not find it in the Sunnah either?" He replied, "I will do Ijtihad." The Prophet (Sallaho Alaihe Wassallam)  showed signs of happiness and was in full support of this decision and he thanked Allah for this selection.

When the Prophet (Sallaho Alaihe Wassallam)  decided to send Hazarat Mu'aaz (Sallaho Alaihe Wassallam) to Yemen, he asked him, "How will you make a ruling when a case is brought to you?" He replied, "I will rule according to the Qur'aan. "The Prophet (Sallaho Alaihe Wassallam)  then inquired, "What, if you do not find it in the Qur'aan?" He answered, "Then according to the Sunnah of Rasoolullah (Sallaho Alaihe Wassallam) , He then asked, "What will you do if you do not find it in either the Sunnah of Rasoolullah (Sallaho Alaihe Wassallam)  or in the kitabullah?" Hazarat Mu 'aaz (Sallaho Alaihe Wassallam) said, "I will do, Ijtihad by my opinion and will not leave any deficiency in it." The Prophet (Sallaho Alaihe Wassallam)  then struck his hand on the chest of Hazarat Mu'aaz (Sallaho Alaihe Wassallam) and said, "All praise is for Allah who gave the Rasool of Rasoolullah (Sallaho Alaihe Wassallam)  the ability of that with which the Rasool of Allah (Sallaho Alaihe Wassallam) is pleased with."

IJTIHAAD:

When a mas'alah cannot be clearly found in the Qur'aan and Ahadeeth, the analogies and evidences have to be considered to find out its decree. This is known as Ijtihad and Qiyas, as can be understood from the afore mentioned. If this is agreed upon, it is called Ijma'a. That is why the Ulama of Usool have written that Qiyas does not establish the decree, but it just makes it evident.

A ruling which existed in the Qur'aan or Ahadeeth, but was not quite apparent for the common people to understand, a Mujtahid having done Qiyas on its analogies or by analysing evidently, implicitly or by way of necessity, would make it evident. Imam Bukhari rahmatullahi alaihe has compiled a specific chapter regarding this.

TAQLEED:

Whoever does not have the capability of Ijtihad, following a Mujtahid becomes compulsory for him. This is known as Taqleed.

This is why Hazarat Mu'aaz (Sallaho Alaihe Wassallam) was sent as a Qadhi, so that the Masa'il and rulings he derives from the Qur'aan, Ahadeeth and Ijtihad would be implemented. Following these three would in fact mean obeying the Prophet (Sallaho Alaihe Wassallam).

It has been narrated from Hazarat Abu Hurraira (Sallaho Alaihe Wassallam) that the Prophet (Sallaho Alaihe Wassallam) said "Whoever obeyed me has indeed obeyed Allah and whoever disobeyed me has indeed disobeyed Allah," or he said, "Whoever obeyed the Ameer has indeed obeyed me and whoever disobeyed the Ameer has indeed disobeyed me."

THE TYPES OF MASA'IL:

There are two different types of masa'il. Firstly, those that have been mentioned in the `Nas` (Qur'aan or Ahadeeth). Secondly, those which have not been mentioned in the Qur'aan or Ahadeeth.

There are two forms of the first type. The first form is that the Nas will only be ruling in the positive or only in the negative. The second form is that there are two types of Nas regarding the same Mas’alah. In some we need a ruling in the positive and in others in the negative. For example, from some we find out about Ameen-bil-Jahr and from some we find out about Ameen-bis-sir. Some inform us about Raf'ul-yadaayn, whilst others tell us about Tark-ul-raf'a.

There is also two types of these Masa'il as well. One is when historic evidence or other circumstances indicate that one Nas has preference over the other. The other type is, when it is not known which Nas has preference over the other and which comes first and which comes second. In total these are of four types;

FIRST:

Those Masa'il which only have one type of Nas. No Qiyas or Ijtihad will be done, neither will there be Taqleed of anybody. Instead the Nas will be acted upon.

SECOND:

 Those masa'il which have two types of Nas and it is also known which comes first and which comes second. Generally, the first one will be abrogated, while the second one will be acted upon. There is no need for Qiyas, Ijtihad or Taqleed in this type either.

THIRD:

Those masa'il where there are two types of Nas and it is not known which comes first and which comes second.

FOURTH:

Those masa'il regarding which there is no Nas at all.

These last two types will be under one of the two situations. Either a person is acting upon it or he is not acting upon it and wondering around freely. Well, there is no permission for this. 'What does man think that he will be left in vain? 'So do you think that we have created you for play?' This is not the case, you have to obey our commands in every aspect. Well, what is he then going to act upon? In the third type, which Nas does he act upon? If he acts upon one, the other gets left out. He cannot appoint a Nas on his own behalf. He does not have the knowledge of which Nas came first and which second, so that he could cancel the first and act upon the second. In the fourth type, there is no Nas at all. So without knowledge what is he going to act upon?

Allah says in the Qur'aan, 'Do not act upon anything without knowledge and research.' This leaves no choice but to do Ijtihad. It is necessary in the third type because one of the Nas has to be appointed to be acted upon, and in the fourth type because the ruling has to be found.

This is also quite obvious that not everybody has the capability and capacity to do Ijtihad and Istinbaat. This verse of the Qur'aan makes this clear as well. Allah says: 'If they had referred it to the Messenger and to those who have authority amongst them, the proper investigators would have known it from them (direct).'

Anybody can claim to make a decision, regardless of its being right or wrong, but only he will be called a Mustanbit and Mujtahid, whose Istinbaat is in accordance to the shari'ah. If it is not, then he will be known as a Muqallid. Hence it is important for a Mujtahid to do Ijtihad in these two types and as for the Muqallid, it is important for him to do Taqleed. Even if the Mujtahid makes an error, he will not be deprived of reward and if his Ijtihad is correct then he will be entitled to double reward. Likewise it has come in Bukhari Sharif Vol 2 pg.1092

A DOUBT:

Why is the Taqleed of the four Imams (Imam Abu Haneefah, Imam Shaf'ae, Imam Maalik and Imam Ahmad bin Hanbal rahmatullahi alaihim) done, even though there were many Mujtahideen amongst the Sahaba (RA), Tabi'een and the Tab'i-Tabi'een? What is the harm in doing Taqleed of anybody else, especially those Sahabah whose virtues have been mentioned profusely in many Ahadeeth.

ANSWER:

The answer to this is that indeed the Sahabah (RA) have a higher status than the four Imams. The reason for doing Taqleed of the four Imams is not because they are thought to be greater than the Sahabah (RA), but when doing Taqleed it is important to acknowledge the masa'il in which Taqleed is done.

Today, there are vast amounts of details and explanations present about the masa'il, compiled and collected in the Mazahib of the four Imams, from Kita-but-Taharah to Kitabul-Fra'idh, including Ibadah, Dealings etc. In short each and every Mas’alah in all the fields and spheres has been collected. These type of detailed and compiled Mazahib cannot be found from the Sahabah, Tabi'een or the Tab'i-Tabi'een. So if one was to do Taqleed of anybody apart from the four Imams, then how would he do it? This is why Taqleed of the four Imams alone, has been chosen.

Allah bestowed upon the four Imams the knowledge of the Qur'aan and Ahadeeth in depths and the complete skills of Istinbaat to this extent that they had access to all the Ahadeeth of the Prophet (Sallaho Alaihe Wassallam), which proliferated throughout the world by the Sahabah (RA). It is possible that there might have been a narration that one of them knew about but the other did not, but there could not possibly be a narration that none of them knew about.

Hazarat Shah Waliullah Muhadith Dehivi rahmatullahi alaihe has written in Sharhul- Mu'at-ta, (page 6) about the spreading and circulation of Ahadeeth and about Madina Tayiba, being the headquarters of knowledge. He writes:

'These four Imams are such that their knowledge has encompassed the whole world and those four Imams are Imam Abu Haneefah (rahmatullahi alaihim), Imam Shaf'ae (rahmatullahi alaihim), Imam Maalik (rahmatullahi alaihim) and Imam Ahmad bin Hanbal (rahmatullahi alaihim)'.

QUESTION:

Why is it important to do Taqleed of only one Imam? What harm is there in following one Imam for one mas'alah, then another Imam for some other mas'alah, the way it was in the time of the Sahabah and the Tabi'een. They were not dependent on one individual in following the whole Mazhab?

ANSWER:

In the time of the Sahabah, virtue and prosperity had the upper hand and generally there was no part in deen for fulfilling personal desires. That is why when someone inquired about a Mas’alah, he asked with a good intention and he would act upon it as well, regardless of whether he liked it or not.

In later times, this was not the case. Instead, people started having the urge to ask one mas'alah from a certain Alim and if the answer was against their desires, they would walk off to another Alim in search of ease. Still not content with this, they were stricken with a growing concern about how they could find a way out in every Mas’alah which would satisfy them. It is apparent that this can not be the motive for the search of truth.

Sometimes this can cause a lot of damage. For example, a person made wudhu then touched his wife. Somebody following the Mazhab of Imam Shafi'ee (rahmatullahi alaihe) said to him "Repeat your wudhu because touching your wife breaks the wud-hu." He replies, "I do Taqleed of Imam Abu Hanifa (rahmatullahi alaihe) and wudhu does not break in his opinion of this situation." Then this person vomits. Somebody following the Mazhab of Imam Abu Hanifa (rahmatullahi alaihe)says to him, 'Repeat your wudhu because vomit breaks the wudhu in the opinion of Imam Abu Hanifa (rahmatullahi alaihe)." He replies,  "I am following the Mazhab of Imam Shafi'ee (rahmatullahi alaihe) and in his view, wudhu does not break by vomiting." Now, this persons salaah is not valid in accordance with the Mazhab of Imam Abu Hanifa (rahmatullahi alaihe) or Imam Shafi'ee (rahmatullahi alaihe) This is known as Talfeeq which is void and not permissible, by unanimous decision.

Following in this manner is in actual fact doing Taqleed of neither of the Imams. Instead it is fulfilling personal desires, which is forbidden in the Shari'ah. It leads a person astray and away from the path of Allah. Allah says in the Qur'aan, ‘And do not follow your personal desires, for they will lead you astray from the path of Allah.'

(Bayanul-Qur’aan)

This is why it is important to do Taqleed of only one Imaam. The Qur'aan has associated obedience with repentance, ‘And follow the path of he who turns towards me,'

(Bayanul-Qur’aan)

On this basis, any individual who had strong presumption about Imam Abu Hanifa (rahmatullahi alaihe), that he was repentant correct and that his Ijtihad was in accordance with the Qur'aan and Ahadeeth, he chose to do his Taqleed. Anybody who had the same thought regarding Imam Sha-fi'ee (rahmatullahi alaihe), Imam Malik (rahmatullahi alaihe) or about Imam Ahmad (rahmatullahi alaihe), he started doing his Taqleed. Now, this is incorrect to leave one's own Imam whenever a person feels and start following a different Mazhab, because without permission of the Shari'ah it becomes Talfeeq and fulfilment of personal desires. In result of which a person is lead astray.

Hence, Molana Mohammad Hussain Sahib has written in his compilation Ishaa'atus-Sunnah Vol 11 No.2 pg.53. After opposing Taqleed for a very long period of time and then becoming affected with bitter experience for not doing Taqleed, he writes, "We found out from 25 years of experience that those people who abstain from entire Mujtahids and Taqleed, they end up saying farewell to Islam. Some become Christians whilst others end up without any Mazhab at all. Rebellion and disobedience of the Shari 'ah is a petty result of this freedom."

(Sabeelur-Rashaad pg.12)

This is why those learned Ulama who have deep insight of the Qur'aan and countless treasures of the traditions of the Prophet (Sallaho Alaihe Wassallam) and the Sahabah, in front of their eyes. Whose hearts are enriched with the fear of Allah and whose lives are enlightened with the lamp of the Sunnah of the Prophet (Sallaho Alaihe Wassallam), still choose to do Taqleed, despite having these qualities and virtues.

It would not be an exaggeration if it was said that these Ulama reached such a status only through following the Prophet (Sallaho Alaihe Wassallam) and doing Taqleed of the pious servants of Deen and the great Mujtahideen.

WAS SHAH WALIULLAH A MUQALLID?

QUESTION:

What do the Ulama and the Muftis say about the following Mas’alah. Was Shah Waliullah a Muqallid or not? If he was a Muqallid then what was his Maslak? Here some people say he was not a Muqallid. Please give reference from some authentic source.

ANSWER:

Hazarat Shah Waliullah Sahib (rahmatullahi alaihe) was enriched with the treasures of a vast amount of knowledge, deep concerns, high morals, righteous behaviour, purified mind, cleansed heart, strong connection and true saintliness. Whenever any doubts arised, instantly it was solved through Nabawi Ruhanyat as if all the traditions were in front of him. He was well aware of the Mazahib and had full experience of the Imams of Ijtihad regarding the principles of Istinbaat and the derivation of masa' il. He was well versed in the science of collaboration between two traditions and was a Hafiz of Naasikh and Mansookh etc.

Considering all this, he did not have the need to do Taqleed but the Prophet (Sallaho Alaihe Wassallam) compelled him to do so. There were other thing as well apart from Taqleed which he was forced to do against the urge of his nature. Hence he writes.

(Fuyuzul-Haramain pg.65)

He passed away in 1176 A.H. and it was the same year that he taught Bukhari Sharif for the last time. He wrote the Sanad out for Molvi Cheraagh Sahib with his pen, which still exists in Khudaa Baksh Library in Patnaa along with the Bukhari Sharif itself. On the Sanad he wrote 'Hanafi' with his name. It has also got Hazarat Shah Rafi-ud-deen's certification on it, to prove that it was written by his father, along with Shah Alam's stamp of confirmation as well. From this we can tell that he stayed a Hanafi till the end. Nobody has the authority to say that he became a Ghair Muqallid.

Of course he used to collect them according to his capability and discuss the strength and weakness of the proofs, which might have left doubts in some people.

WHAT SHOULD A MUQALLID DO IF 
THERE IS A HADITH CONTRADICTING THE SAYING OF AN IMAM?

QUESTION:

What do the Ulama and the Muftis say about this mas'alah. If in the opinion of Imam A'zam (rahmatullahi alaihe) something is regarded as unlawful and there is a Sahih Hadith contradicting Imam Sahibs (rahmatullahi alaihe) opinion. The narrators are approximately more than four in number and they are all reliable. They all narrate exactly the same proof from the Prophet (Sallaho Alaihe Wassallam) and the Hadith is also in Bukhari Sharif. So in this situation what do you say about an individual who rejects Imam Sahibs opinion and follows the Hadith?

ANSWER:

It can be possible that there is a Hadith in Bukhari Sharif against the mas'alah stated by Imam A'zam (rahmatullahi alaihe), but this can never be possible that Imam Sahib (rahmatullahi alaihe) has stated a Mas’alah without any evidence. At least think about this that even in the view of Imam Sahib, it is not permissible to do Qiyas when there is a Sahih Hadith in existence. Then saying that Imam Sahibs opinion is merely just a Qiyas, which is against the Hadith, is completely incorrect and against the principles of Imam Sahib and it is also slanderous.

An opinion is decided upon, first by finding out the cause of a certain masalah (Illah) which can be found in the Nas. So that those Masa'il which have no Nas, but have the same cause, can be ruled the same as the ones which have a Nas. The benefit of this is that the decree of the Nas becomes more general. Imam Bukhari rahmatullahi alaihe has also confirmed this in his Bukhari Sha-rif.

Hence, in whichever mas'alah there is already a Nas, the Qiyas and opinion of Imam A'zam rahmatullahi alaihe has no part to play. Instead the Nas will be acted upon. Some short sighted people just pick up one Hadith and start saying that Imam A'zam's rahmatullahi alaih's certain opinion is against this Hadith. This is because of their ignorance or enmity.

Sahih Bukhari, collectively has been given preference, but that does not mean that each and every Hadith of Bukhari Sharif has priority over each and every Hadith of the other books of Ahadeeth. It can be possible that some Ahadeeth in other books have been given preference over Bukhari Sharif, upon which Imam A'zam's rahmatullahi alaihe opinion is based. Sheikh ibn Hamaam rahmatullahi alaihe has discussed this in Fath-hul-Qa deer.

It has been stated in Umdatul-Qari Sharhul-Bukhari Vol 8 pg.51:

Imam Bukhari's rahmatullahi alaihe claim, that all the Ahadeeth are Sahih, is not worth attention because definite evidence is needed to make an entire claim.

Therefore, declaring that Imam A'zam's rahmatullahi alaihe view is against Hadith and merely is an opinion, is itself a declaration without any evidence. It contradicts the evidence itself, which originates from lack of knowledge or enmity.

TAQLEED FOR A MUHAQIQ ALIM AND 
CHANGING FROM ONE MAZHAB TO 
ANOTHER

QUESTION NO. 1:

 What is the meaning of Taqleed in the terminology of the Fuqahaa ?

ANSWER NO. 1:

A person who can be trusted that his ruling will be in accordance with the evidence. Accepting his word and not asking him for proof is Taqleed, (Likewise it has been mentioned in Aqdul-Jayyid)

QUESTION NO. 2:

In reality, is it accepted by the Ulama that a person who is a Mujtahid himself cannot do Taqleed of anybody else, with the understanding of, "What is Taqleed? Taqleed is the action of a person who doesn't know the evidence of the action."

ANSWER NO. 2:

The preferred ruling is that, it is permissible for a Mujtahid to do Taqleed of another Mujtahid because Ijtihad is fractional. (Likewise is has been explained in Shami)

QUESTION NO. 3:

If a person does not hold the status of a Mujtahid, but he is an AIim of the Qur'aan and Sunnah and not only does he have deep knowledge of Sunnan-e-Nabawia, but he also understands the detailed fiqhi masa'il of the different Mazahib and knows which should be given preference. What is the ruling of his doing Taqleed of the Imams of the different Mazahib?

Is it important for him to stay connected with one Mazhab all the time and under no circumstances can he follow a different Mazhab, even though it may be regarding the same mas’alah? Or is it alright to take all the evidence of the different Mazahib into consideration and then act upon the one that is more closer to Qur'aan and Ahadeeth.

ANSWER NO.3:

When he is not capable of doing Ijtihad although he might have deep knowledge, it is still important for him to do Taqleed of an individual. It is not right for him to follow another mazhab on the basis of his own opinion. Talfeeq is Bil-Ijma'a void and not permissible. (Likewise it has been stated in Dur-rul-Mukhtar)

Whilst being deprived of Ijtihad, making a statement about a mas’ala that it is in accordance with the Qur'aan and Sunnah, is beyond his status.

QUESTION NO.4:

For instance, if somebody has started to follow one Mazhab, can he totally or partly follow another Mazhab later on or does he always have to stay with the first Mazhab?

ANSWER NO.4:

If the trust, on the basis of which a person starts to do Taqleed of an Imam, starts to expire from one Imam, due to vast knowledge and deep understanding, then it is permissible to change Imam’s totally and not partly. Or else, Talfeeq will come into existence which is not permissible. (Likewise it has been stated in Hamwee)

QUESTION NO.5:

'A person who does not have any knowledge of Qur'aan and Sunnah, he is one of the common folk. What is the ruling for such a person to move from one Mazhab to another Mazhab ?

ANSWER NO.5:

This is not permitted. It is fulfilling the desires and it becomes a play. Aqdul-]ayyid, Insaaf, Sabeelur-Rashaad, AI-Iqtisaad, Intisaarul-Haq, Tayseer and At-Taqreer wat-Tahbeer, have all stated the detailed evidence regard-ing this issue.

IS IT AGAINST TAQLEED FOR A HANAFI TO FOLLOW SOMEBODY ELSE 'S VIEW?

QUESTION:

What is the definition of Taqleed? Will a person still remain a Hanafi if he acts upon Imam Abu Yusuf’s rahmatullahi alaihe view or Imam Zufar's rahmatullahi alaihe. Also will he still remain a Hanafi if he acts upon the opinion of Imam Shafi'ee rahmatullahi alaihe or Imam Malik rahmatullahi alaihe at the time of need (for example the mas'alah of Mafqood)?

ANSWER:

For a Non Mujtahid to follow a Mujtahid, trusting him that he has the proof and evidence for it and he does not ask him for the evidence, is known as Taqleed.

The principle of Imam A' zam rahmatullahi alaihe which his students have described in de-tails and from which other masa'il are derived, whether these masa'il are directly from Imam Sahib rahmatullahi alaihe or not, a person who adopts them remains a 'Hanafi'. The views of Imam Sahibs students are in actual fact Imam Sahibs views, regardless of whether they are directly or indirectly from Imam Sahib. Therefore, acting upon them on special occasions does not expel an individual from Hanafiyah.

Sometimes, because of changes in occurrences and incidents, the ruling changed in a way that the scholars of the later era understood that if Imam Sahib rahmatullahi alaihe was still alive today, he would have made a certain ruling in a particular mas'alah. Therefore, they decided upon that ruling, regardless of whether that was the view of Imam Shafi'ee rahmatullahi alaihe or an opinion of any other Imam.

These type of changes, like the excellence of Hajj, nafl and Sadaqah etc., can be found in the time of Imam Sahib rahmatullahi alaihe himself. Hence, this does not cause any changes in Hanafiyah. Details can be found in Uqood Rasmul Mufti Ii Ibn Abideen.

http://www.central-mosque.com/fiqh/sig_taqleed.htm

WOMAN

WOMAN'S HAIR

Imaam Muslim, Imaam Tirmidhi and others have narrated the Hadith of Umme Salma (Radhiallahu-anha) wherein she asked Nabi (Sallallahu alayhi wasallam).

"I make the plaits of my hair tight. Should I loosen it at the time of taking ghusl from Janaabat (impurity)?" Nabi (Sallallahu alayhi wasallam) replied: "No, it is sufficient that

you pour water over your head thrice, then pour water over your body". [Tirmidhi pg 29]. This Hadith indicates that it is sufficient that water reaches the roots of the hair.It is

not necessary to loosen the plaits and wet all the hair.This is the ruling of the Ulema as well.

N.B. From the above Hadith we learn that women at the time of Nabi (Sallallahu alayhi wasallam) used to keep long hair and plait it. The incident of Hadhrat Ayesha

(Radhiallahu-anha) appears in Bukhari Sharif (pg 45) that when she was in Ihraam she used to loosen her hair which indicates that she used to plait it (when not in Ihraam).

Many other incidents also prove the above. This is also from where the law of keeping long hair and of plaiting it is derived. Women have been prohibited from shaving their

heads. [Nisaai and Mishkaat pg 384]. Even at the time of Haj and Umrah the ruling is that a little bit of hair be cut. It is not permissible to shave it. Also, we learn from the hadith

in Bukhari, the woman who imitates a man is accursed, and it is permissible for men to lengthen their hair up to the shoulders and below it also. Thus, if a woman cuts her

hair up to the shoulders or below it, it, will amount to her imitating men. This is prohibited and an accursed action. Therefore, it has been mentioned in the books of fiqh that

if a woman cuts her hair she will be sinful and worthy of curse.

[Durre Mukhtar with Shami Vol 5 pg 288]

Nowadays, women cut their hair for the sake of fashion and in order to imitate non-Muslim women. It is in imitating these women, that this practice has become common

amongst Muslim women also. Therefore it is completely forbidden. It is mentioned in a Hadith:

"Whosoever imitated a nation will be from amongst them".

[Abu Dawood pg 559]

It is of paramount importance that women save themselves from imitating men as well as non-Muslim women, as learnt from the Ahaadith. Nabi (Sallallahu alayhi wasallam)

has cursed those women who don men's clothing as well as those men who wear women's clothing. Hadhrat Ayesha (Radhiallahu-anha) was once asked to rule regarding a

certain lady who wore shoes (like that of men). She replied that Nabi (Sallallahu alayhi wasallam) has cursed that woman who imitates men. [Abu Dawood pg 566]

The above makes it abundantly clear that it is forbidden for women to cut their hair, to wear clothes like that of males, to wear shoes like that of men and to behave like men.

[Dhari aur Ambiyaa ki Sunnate pg 96]

Masala:

It is permissible for an old woman who is a widow, and who does not need to beautify herself due to old age, to shorten her hair a little. There is scope for it. The action (of

cutting the hair) of the blessed wives of Nabi (Sallallahu alayhi wasallam) will be analyzed as above. However, it should he remembered that it is only permissible in the

above mentioned instance. To do so specially because of fashion, is completely impermissible. Allaah Ta'aala is aware of the deceit within the heart.

[Dhari aur Ambiyaa ki Sunnate pg 97]

Regarding the Hadith in Muslim Sharif in which it is stated that the blessed wives of Nabi (Sallallahu alayhi wasallam) used to cut their hair, the commentators of Muslim

Sharif, Qadhi Ayaaz(RA) and others explain the very same meaning as above (i.e. it is permissible for an old widowed woman who does not beautify herself). Qadhi Ayaaz

writes that the Arab women used to tie plaits. The blessed wives of Nabi (Sallallahu alayhi wasallam) did so after his demise as they stopped beautifying themselves, hence

no longer needing to lengthen their hair. Imaam Nawawi(RA) states that this is the only reason. This action cannot even be imagined during the lifetime of Nabi (Sallallahu

alayhi wasallam).

[Muslim Sharif with the commentary of Imaam Nawawi pg 148 Vol

AYAT DARI"SYAIR SKARF"

Ayat Dari “syair skarf”

 

“Muhammad Rasulullah salallahu alaihi wasallam pemimpin bagi dua alam, manusia dan jin,

 

Dan Dua Pembeza Antara Arab dan Ajam.

 

Maka tulislah segala yang kamu mahukan dari peribadinya daripada kemuliaan(melainkan ketuhanan),

 

Dan kamu boleh tuliskan kepada sifatnya yang mulia sebanyak kebesaran yang kamu mahukan.

 

Maka sesungguhnya kelebihan Rasulullah bukanlah baginya,

 

Had yang seseorang yang berkata dapat ucapkan dengan lidahnya yang insani.

 

Maka had yang penghujung ilmu kami berkenaan-nya adalah ia seorang manusia,

 

Bahawa baginda adalah makhluk Allah termulia dari mereka semua.

 

Ya Allah kurniakan salam dan keselamatan selama-lamanya dan berkekalan,

 

Ke atas kekasih-Mu sebaik-baik makhluk dari mereka semua.

 

Dan orang yang membantu rasul Allah,

 

Jika singa-singa menemui mereka di dalam khemah-khemah mereka, mereka akan bersedih dengan serius.”

Hazrat Khadijah RA.

Hazrat Aisyah ra. Telah menyatakan: Tatkala Nabi saw. bercakap tentang Khadijah ra. Baginda akan memujinya dan pada satu hari apabila baginda melakukannya, daku menjadi sangat cemburu akannya hingga daku berkata,”mengapakah kamu cakap banyak sangat tentang seorang perempuan yang penjuru-penjuru mulutnya sudah merah(disebabkan oleh kehilangan gigi kulitnya telah bertukar menjadi merah dan zahir kelihatan) sedangkan Allah telah member kamu yang lebih baik(daku sendiri),”

Baginda menjawab,”Allah tidak memberi daku yang lebih baik daripadanya(dalam erti perkataan lain bahawa kamu tidaklah lebih baik daripadanya) kerana beliau tampil ke hadapan untuk beriman kepada daku tatkala orang lain menolak daku dan bersaksi pada satu peringkat apabila orang lain menafikan apa yang daku bawa. Beliau menyediakan daku dengan bantuan kewangan pada masa orang lain menahan tangan-tangan mereka (iaitu tiada seorang pun menunjukkan simpati kepada daku oleh kerana selepas perisytiharan sebagai nabi, orang ramai telah menjadi jahat). Dan Allah Taala juga telah menganugerahkan daku dengan anak-anak bersamanya, manakala daku tidak mempunyai anak dengan isteri-isteri yang lain.”(musnad ahmad)