Answered By Shaykh Omar Subedar
Question:
As-salaamu 'alaikum wa rahmatullahi wa barakaatuhu, I hope that this query finds you in the best state of health and imaan. I apologize for the length of this submission!
This is an area where many young people who have developed a religious inclination are struggling with today. People genuinely want to observe what is correct in the religion however many a times they tread down a path which they are ill equipped to explore.
The issue of following a math’habis one that has been debatable for quite some time now amongst students attending high school, college and university in particular. This only becomes an issue once they have been told to follow the Qur’an and Sunna and not the word of man. As appealing as these words may seem, they are extremely impractical for one who has absolutely no knowledge of Islamic jurisprudence. Ironically those who rigorously make this assertion do nothing but follow the words of man when it comes to dealing with issues related to Islamic law; whether it is following the rulings of Sh. Ibn Baaz or Sh. Salih Uthaymeen or the hadëth classifications of Sh. Albani.
The recommendation of following a school of fiqh really depends on the level of knowledge one possesses of the field. If one is capable of exercising ijtihäd (independent reasoning), there is no need for him to follow any math’hab; rather he will follow whatever he is able to deduce from the sources of the Shari’ah (sacred law) which are primarily the;
‘Ikrama reported, “The people of Madina asked Ibn ‘Abbäs رضى الله عنهما [about the ruling on] a woman who performs [the obligatory] tawäfand then gets her menses [while she is still in Makka; would she be obliged to perform the ‘farewell tawäfbefore leaving?]. Ibn ‘Abbäs رضى الله عنهما explained, “She may depart [from Makka without performing the ‘farewell tawäf’].”
[Subsequently] they expressed, “We will not adopt your verdict and discard the verdict of Zaid [ibn Thäbitرضى الله عنه who is of the view that she will have to wait until her menses are over and then perform the ‘farewell tawäf’ before departing from Makka].”
Ibn ‘Abbäs رضى الله عنهما then suggested, “When you go [back] to Madina, just ask about it.” [Bukhäri: 1758]
Zaid ibn Thäbit رضى الله عنه was a companion of the Prophet صلى الله عليه وسلم and the resident scholar of Madina. When Ibn ‘Abbäs رضى الله عنهما, being the cousin of the Prophet صلى الله عليه وسلم and a scholar of the highest calibre, witnessed the attitude and conduct the people of Madina on this occasion he did not reprimand them for adhering to the views of their local scholar and label them as ‘blind followers’. Rather he condoned their actions and suggested that they look further into the matter. There are other narrations that state that Zaid ibn Thäbit رضى الله عنه later withdrew his verdict and adopted Ibn ‘Abbäs’s رضى الله عنهما verdict on the issue. Even then Ibn ‘Abbäs رضى الله عنهما did not reproach the locals of Madina. Hence when it comes to adopting a math’hab it is recommended to adopt the math’hab of your local scholar as he would have more insight into the conditions, circumstances and affairs of the community than anyone else.
When it comes to disagreeing with a ruling found in one’s math’hab and inclining to the ruling of another, one should sincerely ask himself why he disagrees. If his disagreement is based on a thorough study of the principles exercised (which are never stated in any book that is prepared for the general public) and the evidence used by the scholars of each math’hab then there is no trouble in adopting the view of the other math’hab and discarding his own as this clearly signifies that he is a scholar of a high degree and deep insight. If on the other hand his disagreement is based on his personal convenience and what is more appealing to his desires then this disagreement is baseless and reprehensible. This is because he is clearly giving priority to his personal contentment over the contentment of Allah in this scenario. Regarding such conduct Allah has said, “Have you seen the one who takes as his god his own desire? Then would you be responsible for him? Or do you think that most of them hear or reason? They are not except like livestock. Rather, they are [even] more astray in [their] way.” [25: 43-44] Hence the line should be drawn from the onset of this practice.
In conclusion when a person is not versed in the field of Islamic Jurisprudence he really has no choice but to adopt the guidance of those who are experts in this field. Choosing one math’hab over the other is really not the cause of discord in the community; rather intolerance of other people’s views is. Here in Toronto there are countless examples of people adhering to various math’habs who congregate in one Masjid behind a particular Imam with absolute ease simply because they exercise tolerance and do not debate over issues they lack expertise in. Remember, adopting a math’hab does not imply that one is adhering to a sect of Islam and forgetting that he is primarily a Muslim. Adopting a math’hab denotes that one is adhering to a particular school of Islamic Law and nothing more. This is no different than adhering to a particular form of Qur’änic recitation amongst the 10 authentic forms that exist today. The majority of the Muslim nation today blindly adheres to the recitation of Imam Hafs who is the student of Imam ‘Aasim. A small portion has adopted the recitation of Imam Warsh who is the student of Imam Näfe’. There are intonation and textual variations in each type of recitation. Surprisingly no one makes an issue out of this and claims that we are ‘blindly following an Imam’ or dividing the ummah even though this area of our religion is far more important than Islamic law because Islamic law is derived from it. A sect is defined by the doctrine it conforms to, and the doctrine of each of the four Imams was one and the same.
The myth of not being able to research the lifestyles of the four Imams and not being able to have the tools required to analyze each Imam’s work is one that is laughable indeed. There are countless books on each Imam’s biography and many of their personal works are still published and in circulation today. A book that I would personally recommend for beginners in this field on the biographies of the four Imams is one that has been written by the famous scholar Abu Zahra which can be found in the following link; http://www.islamicbookstore.com/b6806.html
If one would really want to gain access to the tools required to become an Islamic jurist and analyze the works of our predecessors, he should endeavour to become an Islamic scholar and get enrolled in a reputable Islamic seminary as soon as possible.
Finally in order to give you a glimpse of how Islamic rulings are formed; an issue that is studied at a basic level when taking on the principles of Fiqh is determining the meaning of قُرُوٓءٍ۬ in Sura Al Baqara verse 228. In this verse Allah declares;
The Hanafi View
The Hanafi scholars assert that the word قُرُوٓءٍ here means hayźh. Thus the meaning of the verse is; when a woman is divorced she must undergo a waiting period (iddah) of three menstrual cycles. The reason why قُرُوٓء here means hayźh is because it is preceded by the number three. The number three in Arabic is khäs (a word that specifically refers to a particular entity or object). The ruling on khäs words is that it is mandatory to act upon their implications. Hence when interpreting قُرُوٓء as hayźh the number three will be acted upon in a complete and absolute fashion. This is because when a woman is divorced during her tuhr (a period when her husband is supposed to divorce her if he really needs to because divorcing her during her menses is reprehensible in Islam) she will be able to subsequently experience three complete menses, which will serve as her waiting period following the divorce. If on the other hand قُرُوٓءٍ were to be interpreted as tuhr, the number three would be difficult to act upon. The reason being that the tuhr in which she is divorced will serve as one of the three periods, which will be incomplete because the divorce is not given the very second her menses ceases. The remaining two will be after the subsequent menses. Hence in essence her waiting period will only be two complete periods of tuhr and a portion of a third. This clearly is not in conformity with Allah’s directive.
The Shäfi’ë View
The Shäfi’ë scholars contest that قُرُوٓءٍ in this verse means tuhr. This is because the word three that precedes it is in its feminine form and according to the rules of Arabic the numbered object that follows it must be presented in the opposite gender. Among the two meanings the word قُرُوٓءٍ bears, hayźh is feminine and tuhr is masculine. Therefore tuhr will be the meaning that is used in this verse.
This is merely a synopsis of the issue at hand. In reality the arguments and evidence provided by both groups are far more detailed and technical, as those are aware who have studied this field.
In conclusion according to the Hanafi scholars a woman’s waiting period (iddah) will finish once her third menses is completed following the divorce whereas the Shäfi’ë scholars state that her waiting period will finish once her third menses begins. It is based on this difference that rulings vary in both math’habs pertaining to the point when a divorced woman is allowed to remarry, when her husband is allowed to marry her sister or a fourth woman if he wishes, how long he has to support her and provide for her, when he is allowed to withdraw his divorce and resume the marriage, whether she will be entitled to her ex’s estate if he passes away during this period etc.
And Allah Knows Best
Question:
As-salaamu 'alaikum wa rahmatullahi wa barakaatuhu, I hope that this query finds you in the best state of health and imaan. I apologize for the length of this submission!
- Is it recommended to follow a school of fiqh?
- And if so, how does one choose a school of fiqh for oneself? I have heard that one should select a madh'hab (not limited to) based on one's community and personal inclination. However, in considering these things, are we not compromising the need for the madh'hab to appeal to our intellect and instead becoming a blind follower?
- Can one disagree with one's madh'hab and follow the teachings of another? Let's consider a scenario: I am a Hanbali in regards to practically all aspects of my life-salah, food etc,- but when it comes to my views on dress, if I feel that the Hanafi view is more convincing than the Hanbali one from studying ahadith and tafsir with the various 'ulema. Would it be permissible for me to wear hijab as interpreted by the Hanafi madhab? Then where does one draw the line? From what I understand, we can't be flip-flopping from madh'hab to madh'hab.
- Lastly, there are some practicing Muslims who believe that selecting a madh'hab is not good because there's the issue of becoming a "blind follower," and creating division in the Ummah. The argument is that since today's people can never fully research the lifestyles of the four teachers; thus, how can they even believe in a madh'hab without really being given the tools to effectively analyze what they might/should follow? They would end up following the interpretation of their shuyukh on the interpretation of the four teachers. Secondly, such people claim that they only follow the Qur'an and Sunnah and that by choosing a madh'hab, they would be following the interpretations of others. Lastly, they fear that by selecting a madh'hab and then affiliating oneself with that school by claiming that one is Hanafi/Mailiki/Hanbali/Shafi'ie Muslims, one is forgetting our roots that we are all first and foremost Muslim. What can be said in regards to this thinking?
This is an area where many young people who have developed a religious inclination are struggling with today. People genuinely want to observe what is correct in the religion however many a times they tread down a path which they are ill equipped to explore.
The issue of following a math’habis one that has been debatable for quite some time now amongst students attending high school, college and university in particular. This only becomes an issue once they have been told to follow the Qur’an and Sunna and not the word of man. As appealing as these words may seem, they are extremely impractical for one who has absolutely no knowledge of Islamic jurisprudence. Ironically those who rigorously make this assertion do nothing but follow the words of man when it comes to dealing with issues related to Islamic law; whether it is following the rulings of Sh. Ibn Baaz or Sh. Salih Uthaymeen or the hadëth classifications of Sh. Albani.
The recommendation of following a school of fiqh really depends on the level of knowledge one possesses of the field. If one is capable of exercising ijtihäd (independent reasoning), there is no need for him to follow any math’hab; rather he will follow whatever he is able to deduce from the sources of the Shari’ah (sacred law) which are primarily the;
- Qur’än
- Hadëth
- Ijmä’ (consensus)
- Qiyäs (analogy)
- He is proficient in the Arabic language to a degree where he is able to distinguish between texts that are detailed and concise, their literal meanings and metaphors, their general contexts and specific, the restricted context and the unrestricted, the explicit texts and the ambiguous etc.This is because both the Qur’än and the hadëth are originally in the Arabic language and one can never grasp their true implications through a translation as is the case with a text of any kind.
- He is able to distinguish between the abrogated verses of the Qur’än from the unabrogated ones.
- He has thorough knowledge of the statements, actions and sanctions of the Prophet صلى الله عليه وسلم and the level of their authenticity.
- He is acquainted with rulings that scholars of previous generations have formed a consensus on.
- He is well versed with the rules and criterion for exercising analogy.
- He is aware of the objectives of the Shari’ah (sacred law)
- He has sound understanding, a clean intention and conforms to the creed of the Prophet صلى الله عليه وسلم and his companions.
- Al Mujtahidōn fi Al Shar’ These are people who are proficient in all the aforementioned areas.
- Al Mujtahidōn Al Muntasibōn These are people who follow the principles laid out by their Imam however they differ with him in rulings formed based on these principles.
- Al Mujtahidōn fi Al Math’hab These are people who follow all the principles and rulings of their Imam however they exercise ijtihäd in areas that have not been tackled by him.
- Al Murajjihōn These are people who are unable to exercise ijtihäd in issues that have not been dealt with by scholars of the past nor are they aware of their rulings however they are able to give preference to one opinion over the other among the many opinions that exist pertaining to a particular matter in their math’hab.
- Al Mumayizōn These are people who are able to grade the views of scholars in their math’hab as being correct, strong, weak etc.
- Al Muhäfithōn These are people who are versed in recognizing which view is strong, weak, authentic etc. in the math’hab however they are unable to grade and classify the views themselves.
- Al Muqallidōn These are people who are incapable of doing any of the above (which are at least 99.5% of the ummah today).
‘Ikrama reported, “The people of Madina asked Ibn ‘Abbäs رضى الله عنهما [about the ruling on] a woman who performs [the obligatory] tawäfand then gets her menses [while she is still in Makka; would she be obliged to perform the ‘farewell tawäfbefore leaving?]. Ibn ‘Abbäs رضى الله عنهما explained, “She may depart [from Makka without performing the ‘farewell tawäf’].”
[Subsequently] they expressed, “We will not adopt your verdict and discard the verdict of Zaid [ibn Thäbitرضى الله عنه who is of the view that she will have to wait until her menses are over and then perform the ‘farewell tawäf’ before departing from Makka].”
Ibn ‘Abbäs رضى الله عنهما then suggested, “When you go [back] to Madina, just ask about it.” [Bukhäri: 1758]
Zaid ibn Thäbit رضى الله عنه was a companion of the Prophet صلى الله عليه وسلم and the resident scholar of Madina. When Ibn ‘Abbäs رضى الله عنهما, being the cousin of the Prophet صلى الله عليه وسلم and a scholar of the highest calibre, witnessed the attitude and conduct the people of Madina on this occasion he did not reprimand them for adhering to the views of their local scholar and label them as ‘blind followers’. Rather he condoned their actions and suggested that they look further into the matter. There are other narrations that state that Zaid ibn Thäbit رضى الله عنه later withdrew his verdict and adopted Ibn ‘Abbäs’s رضى الله عنهما verdict on the issue. Even then Ibn ‘Abbäs رضى الله عنهما did not reproach the locals of Madina. Hence when it comes to adopting a math’hab it is recommended to adopt the math’hab of your local scholar as he would have more insight into the conditions, circumstances and affairs of the community than anyone else.
When it comes to disagreeing with a ruling found in one’s math’hab and inclining to the ruling of another, one should sincerely ask himself why he disagrees. If his disagreement is based on a thorough study of the principles exercised (which are never stated in any book that is prepared for the general public) and the evidence used by the scholars of each math’hab then there is no trouble in adopting the view of the other math’hab and discarding his own as this clearly signifies that he is a scholar of a high degree and deep insight. If on the other hand his disagreement is based on his personal convenience and what is more appealing to his desires then this disagreement is baseless and reprehensible. This is because he is clearly giving priority to his personal contentment over the contentment of Allah in this scenario. Regarding such conduct Allah has said, “Have you seen the one who takes as his god his own desire? Then would you be responsible for him? Or do you think that most of them hear or reason? They are not except like livestock. Rather, they are [even] more astray in [their] way.” [25: 43-44] Hence the line should be drawn from the onset of this practice.
In conclusion when a person is not versed in the field of Islamic Jurisprudence he really has no choice but to adopt the guidance of those who are experts in this field. Choosing one math’hab over the other is really not the cause of discord in the community; rather intolerance of other people’s views is. Here in Toronto there are countless examples of people adhering to various math’habs who congregate in one Masjid behind a particular Imam with absolute ease simply because they exercise tolerance and do not debate over issues they lack expertise in. Remember, adopting a math’hab does not imply that one is adhering to a sect of Islam and forgetting that he is primarily a Muslim. Adopting a math’hab denotes that one is adhering to a particular school of Islamic Law and nothing more. This is no different than adhering to a particular form of Qur’änic recitation amongst the 10 authentic forms that exist today. The majority of the Muslim nation today blindly adheres to the recitation of Imam Hafs who is the student of Imam ‘Aasim. A small portion has adopted the recitation of Imam Warsh who is the student of Imam Näfe’. There are intonation and textual variations in each type of recitation. Surprisingly no one makes an issue out of this and claims that we are ‘blindly following an Imam’ or dividing the ummah even though this area of our religion is far more important than Islamic law because Islamic law is derived from it. A sect is defined by the doctrine it conforms to, and the doctrine of each of the four Imams was one and the same.
The myth of not being able to research the lifestyles of the four Imams and not being able to have the tools required to analyze each Imam’s work is one that is laughable indeed. There are countless books on each Imam’s biography and many of their personal works are still published and in circulation today. A book that I would personally recommend for beginners in this field on the biographies of the four Imams is one that has been written by the famous scholar Abu Zahra which can be found in the following link; http://www.islamicbookstore.com/b6806.html
If one would really want to gain access to the tools required to become an Islamic jurist and analyze the works of our predecessors, he should endeavour to become an Islamic scholar and get enrolled in a reputable Islamic seminary as soon as possible.
Finally in order to give you a glimpse of how Islamic rulings are formed; an issue that is studied at a basic level when taking on the principles of Fiqh is determining the meaning of قُرُوٓءٍ۬ in Sura Al Baqara verse 228. In this verse Allah declares;
وَٱلۡمُطَلَّقَـٰتُ يَتَرَبَّصۡنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوٓءٍ۬ۚ
Divorced women shall remain in waiting for three menstrual cycles/periods of purity
This word is the plural of قرء which means;- Menses (hayźh)
- The period when a woman is free of her menses (tuhr)
The Hanafi View
The Hanafi scholars assert that the word قُرُوٓءٍ here means hayźh. Thus the meaning of the verse is; when a woman is divorced she must undergo a waiting period (iddah) of three menstrual cycles. The reason why قُرُوٓء here means hayźh is because it is preceded by the number three. The number three in Arabic is khäs (a word that specifically refers to a particular entity or object). The ruling on khäs words is that it is mandatory to act upon their implications. Hence when interpreting قُرُوٓء as hayźh the number three will be acted upon in a complete and absolute fashion. This is because when a woman is divorced during her tuhr (a period when her husband is supposed to divorce her if he really needs to because divorcing her during her menses is reprehensible in Islam) she will be able to subsequently experience three complete menses, which will serve as her waiting period following the divorce. If on the other hand قُرُوٓءٍ were to be interpreted as tuhr, the number three would be difficult to act upon. The reason being that the tuhr in which she is divorced will serve as one of the three periods, which will be incomplete because the divorce is not given the very second her menses ceases. The remaining two will be after the subsequent menses. Hence in essence her waiting period will only be two complete periods of tuhr and a portion of a third. This clearly is not in conformity with Allah’s directive.
The Shäfi’ë View
The Shäfi’ë scholars contest that قُرُوٓءٍ in this verse means tuhr. This is because the word three that precedes it is in its feminine form and according to the rules of Arabic the numbered object that follows it must be presented in the opposite gender. Among the two meanings the word قُرُوٓءٍ bears, hayźh is feminine and tuhr is masculine. Therefore tuhr will be the meaning that is used in this verse.
This is merely a synopsis of the issue at hand. In reality the arguments and evidence provided by both groups are far more detailed and technical, as those are aware who have studied this field.
In conclusion according to the Hanafi scholars a woman’s waiting period (iddah) will finish once her third menses is completed following the divorce whereas the Shäfi’ë scholars state that her waiting period will finish once her third menses begins. It is based on this difference that rulings vary in both math’habs pertaining to the point when a divorced woman is allowed to remarry, when her husband is allowed to marry her sister or a fourth woman if he wishes, how long he has to support her and provide for her, when he is allowed to withdraw his divorce and resume the marriage, whether she will be entitled to her ex’s estate if he passes away during this period etc.
And Allah Knows Best
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