[slideshare] fiqh-course (august 2014-batch) -adab-following-madzhab- #5 -(10-sept-2014)

““INTRODUCTION TO THE INTRODUCTION TO THE STUDY OF STUDY OF FIQH FIQH ””

Intermediate Level Islamic course in English for AdultsIntermediate Level Islamic course in English for Adultsconducted by Ustaz Zhulkeflee Hj Ismailconducted by Ustaz Zhulkeflee Hj Ismail

IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.

All Rights Reserved © Zhulkeflee Hj Ismail (2014))

And say: O Lord! Increase for me my knowledge

Using text & curriculum he has developed especially for Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. Muslim converts and young Adult English-speaking Muslims.

““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)”

UPDATED – 10 SeptemberUPDATED – 10 September-2014 -2014

AUGUST 2014 - INTAKEAUGUST 2014 - INTAKE

LESSON # 5 – LESSON # 5 –

ADAB IN FOLLOWINGADAB IN FOLLOWING A MADZHAB A MADZHAB

““O you who have attained to faith! Pay heed unto Allah, and pay O you who have attained to faith! Pay heed unto Allah, and pay

heed unto the Messenger and heed unto the Messenger and unto those from among you who have unto those from among you who have

been entrusted with authority (ULIL-AMRI-MIN-KUM)been entrusted with authority (ULIL-AMRI-MIN-KUM);”.;”.

((Qur’an: An-Nisa’: 4: 59Qur’an: An-Nisa’: 4: 59))

All Rights Reserved© Zhulkeflee Hj Ismail (2014)

““... Ask from those who possess the Message (az-Zikr : ... Ask from those who possess the Message (az-Zikr :

the remembrance) in matters which you do not know.“the remembrance) in matters which you do not know.“

((Qur’an: al-Nahlu: 16: 43Qur’an: al-Nahlu: 16: 43))


“ “With all this, it is not desirable that all of the With all this, it is not desirable that all of the

believers take the field [in time of war]. From within believers take the field [in time of war]. From within

every group in their midst, some shall refrain from every group in their midst, some shall refrain from

going forth to war, and shall devote themselves going forth to war, and shall devote themselves

[instead] to acquiring a deeper knowledge of the Faith [instead] to acquiring a deeper knowledge of the Faith

((LIYA-TAFAQ-QAHU-FID-DEENLIYA-TAFAQ-QAHU-FID-DEEN). and [thus be able to] ). and [thus be able to]

teach their home-coming brethren, so that these [too] teach their home-coming brethren, so that these [too]

might guard themselves against evil.”might guard themselves against evil.”

((Qur’an: Taubah: 9: 122Qur’an: Taubah: 9: 122))


““Allah will raise up, to (suitable) ranks (and degrees), those Allah will raise up, to (suitable) ranks (and degrees), those

of you who believe and who have been granted Knowledge : of you who believe and who have been granted Knowledge :

and Allah is well-acquainted with all that ye do.“and Allah is well-acquainted with all that ye do.“

((Qur’an: Mujadilah: 58: 11Qur’an: Mujadilah: 58: 11))


“ “(Honour) My successors, may Allah s.w.t. be Merciful towards (Honour) My successors, may Allah s.w.t. be Merciful towards

them!.” He was asked: “Who are your successors O Messenger them!.” He was asked: “Who are your successors O Messenger

of Allah?” And he said: “They are those who revive my Sunnah of Allah?” And he said: “They are those who revive my Sunnah

and teach them to the servants of Allah.”and teach them to the servants of Allah.”

((Hadith of the Prophet s.a.wHadith of the Prophet s.a.w.).)


““(‘Ali ibn Abi Talib r.a. said) “I asked: ‘O Messenger of Allah! (What are (‘Ali ibn Abi Talib r.a. said) “I asked: ‘O Messenger of Allah! (What are

we to do when) matters come before us wherewith there is no (explicit) we to do when) matters come before us wherewith there is no (explicit)

indication regarding them in the Qur’an nor in the Sunnah from you indication regarding them in the Qur’an nor in the Sunnah from you

regarding them (regarding its ruling)?’regarding them (regarding its ruling)?’

(The Prophet s.a.w.) he said: “You are to gather together the learned (The Prophet s.a.w.) he said: “You are to gather together the learned

((‘ulama‘ulama) amongst them” – or he may have said “The worshippers ) amongst them” – or he may have said “The worshippers

((‘abideen ‘abideen ) from amongst the Believers” – “Convene with them ) from amongst the Believers” – “Convene with them shurashura

(mutual consultations to derive a collective decision) in regard to (mutual consultations to derive a collective decision) in regard to

religious rulings. Do not decide based upon (idea or knowledge of) only religious rulings. Do not decide based upon (idea or knowledge of) only

one (singular) person’s thought.”one (singular) person’s thought.”((Hadith reported by Ibnu Abdil BarrHadith reported by Ibnu Abdil Barr))


““And whoever (And whoever (YU-SHAA-QIQYU-SHAA-QIQ) opposes the Messenger after ) opposes the Messenger after

guidance has become clear to him and follows other than guidance has become clear to him and follows other than

the way of the believers - We will give him what he has the way of the believers - We will give him what he has

taken and drive him into Hell, and evil it is as a taken and drive him into Hell, and evil it is as a

destination.”destination.”

((Qur’an: An-Nisa’: 4: 115)Qur’an: An-Nisa’: 4: 115)


““Thus have We made of you an Ummah justly balanced Thus have We made of you an Ummah justly balanced

that ye might be witnesses over the nations and the that ye might be witnesses over the nations and the

Messenger a witness over yourselves.”Messenger a witness over yourselves.”

((Qur’an: Baqarah: 2: 143Qur’an: Baqarah: 2: 143))


““My ummah (community) will never agree My ummah (community) will never agree

upon matters which are erroneous”upon matters which are erroneous”

((Hadith reported by Tirmidzi, Abu Dawud, Ibn Majah & DaruqutniHadith reported by Tirmidzi, Abu Dawud, Ibn Majah & Daruqutni))


"Verily Allah does not remove knowledge from the (hearts of Verily Allah does not remove knowledge from the (hearts of

the) people, rather he takes away knowledge by taking away the) people, rather he takes away knowledge by taking away

its people (the true scholars – its people (the true scholars – ‘ULAMA‘ULAMA), until there are no more ), until there are no more

scholars, the people then take leaders that are ignorant, and scholars, the people then take leaders that are ignorant, and

when they are asked, and give when they are asked, and give fatwas fatwas – religious rulings, (they – religious rulings, (they

give) without knowledge, so they misguide and are misguided.“give) without knowledge, so they misguide and are misguided.“

((Hadith reported by Ashaab as-Sunnan from Ibnu ‘Umar r.aHadith reported by Ashaab as-Sunnan from Ibnu ‘Umar r.a.).)


““When a trust (When a trust (AMANAHAMANAH)is neglected, )is neglected,

then wait for the time (of its destruction).” then wait for the time (of its destruction).”

Somebody ask: Somebody ask:

‘‘How shall this be neglected O Messenger of Allah?’ How shall this be neglected O Messenger of Allah?’

He the replied: “When a matter (affair) is given over, He the replied: “When a matter (affair) is given over,

not to its rightful (legitimate) person (not to its rightful (legitimate) person (AHLIHAAHLIHA), ),

then wait for its time (of destruction).”then wait for its time (of destruction).”

((Hadith reported by BukharyHadith reported by Bukhary) )


““If ye differ in anything among yourselves, If ye differ in anything among yourselves, refer it to Allah and refer it to Allah and

His MessengerHis Messenger ** if ye do believe in Allah and the Last Day: that if ye do believe in Allah and the Last Day: that

is best, and most suitable for final determination.”is best, and most suitable for final determination.”



IMPORTANT CLARIFICATIONIMPORTANT CLARIFICATION

* * This This , (, (refer it to Allah and His Messenger refer it to Allah and His Messenger **)) is actually addressed is actually addressed

specifically to the Islamic scholars and jurists (specifically to the Islamic scholars and jurists (mujtahidmujtahid), who are ), who are

competent to refer back to these two primary sources – not just competent to refer back to these two primary sources – not just

any one as what certain group may seem to think.any one as what certain group may seem to think.

The general Muslims must rely upon those jurists and scholars The general Muslims must rely upon those jurists and scholars

((mujtahidmujtahid of a of a madzhabmadzhab) decisions by ) decisions by TaqlidTaqlid. .

Differences of opinions amongst Differences of opinions amongst madzaahibmadzaahib termed termed

““khilafiyyahkhilafiyyah ” are to be respected with Adab which is expected of ” are to be respected with Adab which is expected of

Muslim students towards all our Islamic teachers and scholars Muslim students towards all our Islamic teachers and scholars

((ulama’ulama’.).)


From “Qa-la-da” – to adorn with a necklace;

to entrust authority to someone; to follow, imitate, etc.


In Islamic legal theory, the scholars define “In Islamic legal theory, the scholars define “TAQLIDTAQLID” ” asas : :

“ “Accepting the view of someone (who is a qualified jurist – termed : Accepting the view of someone (who is a qualified jurist – termed :

FAQIHFAQIH / / MUJTAHIDMUJTAHID) without a proof” ) without a proof”

((qabuu-lu qaw-lil-ghayr min ghay-ri -Hujjah).”qabuu-lu qaw-lil-ghayr min ghay-ri -Hujjah).”11

1 – Imam al-Ghazalie r.h.m. Al-Mustasfå min ‘Ilm al-Usul (Cairo: Maktabah al-Tijariyyah, 1356), 2:387.


Those who are not qualified scholars (termed ‘Those who are not qualified scholars (termed ‘FAQIHFAQIH’ - one ’ - one

who are competent to do “who are competent to do “IJTIHADIJTIHAD “ “ also called also called

““MUJTAHIDMUJTAHID”) , are ”) , are the ordinary Muslim (still technically the ordinary Muslim (still technically

regarded as a “regarded as a “MUQOLLIDMUQOLLID” ) , it is obligatory to “” ) , it is obligatory to “TAQLIDTAQLID” to ” to

opinions of a opinions of a MUJTAHIDMUJTAHID..


From “Ja-ha-da” – to strive; effort;

exertion, endeavour, labour, etc.


In Islamic legal theory, scholastic method referred to as “In Islamic legal theory, scholastic method referred to as “IJTIHADIJTIHAD” ”

means simplymeans simply,, ‘ ‘exertionexertion’,’,

Religiously speaking, it refers to a competent jurist (Religiously speaking, it refers to a competent jurist (FAQIHFAQIH) )

““expending every possible effort to examineexpending every possible effort to examine” ” the textual evidences, the textual evidences,

so as to arrive at a ruling of the Sacred Law. so as to arrive at a ruling of the Sacred Law.


The point here is that “The point here is that “IJTIHADIJTIHAD is not just one of scholarly is not just one of scholarly

exertion, but of exhaustion.exertion, but of exhaustion.” ” Fathoming the intent of the Fathoming the intent of the

Lawgiver, and inferring new rulings from the primary sources Lawgiver, and inferring new rulings from the primary sources

extensively - so as to reach a sound legal conclusion - is indeed a extensively - so as to reach a sound legal conclusion - is indeed a

most arduous and demanding task not for just any or everyone.most arduous and demanding task not for just any or everyone.


In Islamic legal theory, such a scholar is called “In Islamic legal theory, such a scholar is called “MUJTAHIDMUJTAHID” ”

– and has many levels, those of the highest category, whose – and has many levels, those of the highest category, whose

juristic methods and decisions are widely followed termed – juristic methods and decisions are widely followed termed –

““MUJTAHID MUTLAQ MUJTAHID MUTLAQ ” – became as a school of jurisprudence ” – became as a school of jurisprudence

called “called “MADZHABMADZHAB” or “” or “MADZAAHIBMADZAAHIB”(plural).”(plural).


The well-known The well-known MADZAAHIBMADZAAHIB that survived are : that survived are :

[1] [1] JA’FARIJA’FARI – Imam Ja’far ibn Muhammad as-Sodiq – Imam Ja’far ibn Muhammad as-Sodiq

[2] [2] HANAFIHANAFI – Imam Abu Hanifah Nu’man ibn Tsabit – Imam Abu Hanifah Nu’man ibn Tsabit

[3] [3] MALIKIMALIKI – Imam Malik bin Anas – Imam Malik bin Anas

[4] [4] SHAFI-’IESHAFI-’IE – Imam Muhammad Idris as-Shafi-’ie – Imam Muhammad Idris as-Shafi-’ie

[5] [5] HANBALIHANBALI – Imam Ahmad bin Hanbal – Imam Ahmad bin Hanbal


Imam al-Qurtubi rhm. says: “No difference exists among the Imam al-Qurtubi rhm. says: “No difference exists among the

scholars that, the laymen are to perform scholars that, the laymen are to perform taqlidtaqlid of their scholars of their scholars

((MUJJTAHIDMUJJTAHID)).” .” **

Ibn Qudamah explicitly states: “As far as Ibn Qudamah explicitly states: “As far as taqlidtaqlid in the details of in the details of

the Sacred Law (the Sacred Law (FURU‘FURU‘) is ) is concerned, it is allowed by consensus concerned, it is allowed by consensus

((IJMAIJMA’’).”).”++

* Al-Jami‘ li Ahkam al-Qur’an (Beirut: Dar al-Kutub al-‘Ilmiyyah),

+ Al-Rawdatu’l-Nazir wa Jannat al-Manazir (Riyadh: Maktabah al-Rushd),


Contemporary scholar, Contemporary scholar, Imam al-Shanqiti Imam al-Shanqiti rhm.wrote: rhm.wrote:

“ “The prescribed The prescribed taqlid, taqlid, which none of the Muslims contest, is the which none of the Muslims contest, is the

layman’s performing layman’s performing taqlidtaqlid of a scholar qualified to issue of a scholar qualified to issue fatwafatwa on on

various matters. This type of various matters. This type of taqlidtaqlid was in vogue during the time of the was in vogue during the time of the

Prophet, peace be upon him, and there was no contention about it. The Prophet, peace be upon him, and there was no contention about it. The

layman asked whosoever he wished from the Companions of the layman asked whosoever he wished from the Companions of the

Prophet, may Allah be pleased with them, about the ruling for a given Prophet, may Allah be pleased with them, about the ruling for a given

case. Whenever a case. Whenever a fatwa fatwa was given, he simply complied with it.” was given, he simply complied with it.” **

* Adwa’ al-Bayån, 7:318


“What are the requirement and necessary qualification for a Mujtahid ?”


– literally means “an effort or an exercise to arrive at

one’s own judgement” – technically it is used in regards

to “the exertion by a (MUJTAHID) qualified Islamic scholar

in (ISTINBAT) extracting legal rulings from the primary

sources.”

IJTIHADIJTIHAD


Knowledgeable about the religion of Islam, the Sunnah (Ways or

traditions of the Prophet s.a.a.w.), Fiqh (Jurisprudence) and Usul-al-

Fiqh (Principles of Jurisprudence) especially:

[A] He must be so very well versed in the study of Qur’an, that he must

know its sciences, the reason why and when the verses and chapters

of the Qur’an were revealed (ASBAA-BUN-NUZUL), the eloquence, the

commentaries etc.;

REQUIREMENTREQUIREMENT


[B] He must be well versed in the study of the traditions of the

Prophet Muhammad s.a.a.w. That is, he must know the

distinction between authentic Hadith from the spurious and the

various other technical categories of Ahadith – viz. Mutawwatir,

Shahih, Hasan, Dho’if, Maudhu’ etc.;



[C] He must know the principles of IJMA’ (scholarly consensus)

very well;

[D] He must know the injunctions of QIYAS (jurisdistic analogy).



Apart from his qualification, he must posses good Islamic character

apart from academic excellence. Among the moral qualities are:

(a) He must be a good Muslim. That he must not be a nominal

Muslim; rather, must be a practising one.

OTHER IMPORTANT CRITERIAOTHER IMPORTANT CRITERIA




(b) He must be very pious and law-abiding to all the injunctions of

the Holy Qur’an.





(c) He must not be influenced by any heretical influences.





(d) He must be just, reliable, trustworthy and pure from iniquitous

practices.



– – These were those who did These were those who did ijtihadijtihad in the matter of in the matter of Shari’ahShari’ah

amongst the companions of the Prophet till the third century amongst the companions of the Prophet till the third century

of Islam.of Islam.

AL-MUJTAHID FI - AL-SHARI-’AHAL-MUJTAHID FI - AL-SHARI-’AH

(reference from “Shariah: The Islamic Law” by Abdur Rahman I. Doi)


– – these are those who did these are those who did ijtihadijtihad after the companion ( after the companion (SahabiSahabi)) era era

and later found schools of jurisprudence. There are today 5 main and later found schools of jurisprudence. There are today 5 main

surviving schools of Jurisprudence, viz. Ja’fari, Maliki, Hanafi, surviving schools of Jurisprudence, viz. Ja’fari, Maliki, Hanafi,

Shafi’ie and HanbaliShafi’ie and Hanbali

AL-MUJTAHID FI - AL-MADZHABAL-MUJTAHID FI - AL-MADZHAB



– – these are those who follow them (these are those who follow them (mujtahid fi-al-Madzhab mujtahid fi-al-Madzhab ) i.e. the ) i.e. the

present day present day mujtahidunmujtahidun who give Fatwa (or Juristic opinions) on who give Fatwa (or Juristic opinions) on

religious matters when required.religious matters when required.

AL-MUJTAHID FI - AL-MASAA-ILAL-MUJTAHID FI - AL-MASAA-IL



AL-QUR’ANAL-QUR’AN The Revealed Book

AS-SUNNAHAS-SUNNAH The Way of the Prophet

IJMA’IJMA’ Consensus

QIYASQIYAS Analogous deduction

Generally, these four are known by many Muslims as the sources by which Islamic rulings are derived. The primary sources being “Kitabullah wa Sunnati Rosuulihi”.

What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....




Istidlal and IstishabIstidlal and Istishab

deduction by logic and reasoning; and relying on presumption; deduction by logic and reasoning; and relying on presumption;

continuation of a rule for a certain situation in a circumstance continuation of a rule for a certain situation in a circumstance

where it is not known whether or not the original situation still where it is not known whether or not the original situation still

existsexists




IstihsanIstihsan

preference

Maslahah al-mursalahMaslahah al-mursalah

for public interest




al-‘Urfal-‘Urf

Customs or norms

Sadd-uz-zara-’iSadd-uz-zara-’i

“closing the door of mischief”




‘‘Amal ahl-al-madinahAmal ahl-al-madinah

“practices of the people of Madinah”

Ash-shar’u manqablanaAsh-shar’u manqablana

the path traversed by those before us – i.e. the jurists (mujtahidun)




‘‘Madzhab Sahaabiy Madzhab Sahaabiy

opinions of Companions of the Prophet


“The learned and wise among Muslims must use constant vigilance in

detecting erroneous usage in language which impinges upon semantic

change in major key elements and creates general confusion and error in

the understanding of Islam and of its worldview.”

Prof. Syed Muhammad Naquib Al-Attas


““TaqlidTaqlid is is haramharam (forbidden)” (forbidden)”

““Following Following MadzhabMadzhab is is Bid’ahBid’ah (innovation) ! ” (innovation) ! ”

““I want to follow only the I want to follow only the MadzhabMadzhab of the Prophet s.a.w. ! ” of the Prophet s.a.w. ! ”

““Don’t follow Don’t follow MadzhabMadzhab, we must all follow only the Qur’an , we must all follow only the Qur’an

and Sunnah ! ”and Sunnah ! ”

““There is no priesthood in Islam, so why must we obey the There is no priesthood in Islam, so why must we obey the

‘ulama’. After all each one of us can now easily access the ‘ulama’. After all each one of us can now easily access the

Qur’an and Ahadith ! ” etc.Qur’an and Ahadith ! ” etc.

Some people carelessly argues:Some people carelessly argues:

Allow me to respond and clarify..Allow me to respond and clarify..


TaqlidTaqlid is in fact “ is in fact “wajibwajib” (obligatory) for every Muslim who are non-” (obligatory) for every Muslim who are non-

MujtahidMujtahid. .

This has been the consensus (This has been the consensus (ijma’ijma’ ) of Islamic scholars since the ) of Islamic scholars since the

Prophet’s time – to follow those who are the learned, and the Qur’anic Prophet’s time – to follow those who are the learned, and the Qur’anic

basis are many viz:basis are many viz:

““Is Is TaqlidTaqlid haramharam (forbidden)” ? (forbidden)” ? #1



MujtahidMujtahid. .





““ask of those who possess the Message, ask of those who possess the Message,

in matters which you do not know.” in matters which you do not know.”

((Qur’an: An-Nahlu: 16:43Qur’an: An-Nahlu: 16:43))



MujtahidMujtahid. .







MujtahidMujtahid. .





““Allah will raise up, to (suitable) ranks (and degrees), those of Allah will raise up, to (suitable) ranks (and degrees), those of

you who believe and who have been granted Knowledge”you who believe and who have been granted Knowledge”

((Qur’an: Mujadilah: 58: 11Qur’an: Mujadilah: 58: 11))



MujtahidMujtahid. .







MujtahidMujtahid. .





““O ye who believe! Obey Allah and obey the Messenger O ye who believe! Obey Allah and obey the Messenger

and those charged with authority among you”and those charged with authority among you”



Study in the lives of the Study in the lives of the Khulafa’ RashidunKhulafa’ Rashidun, Ibn Mas’ud, Mu’adz, Ibn , Ibn Mas’ud, Mu’adz, Ibn

‘Abbas, Ibn ‘Umar, A’ishah, Umm Salamah, etc. show that they not only ‘Abbas, Ibn ‘Umar, A’ishah, Umm Salamah, etc. show that they not only

convey convey AhadithAhadith, but also give “, but also give “iftahiftah” religious rulings on certain matters.” religious rulings on certain matters.

This is where This is where MadzhabMadzhab has its beginnings – i.e. during the Prophet’s has its beginnings – i.e. during the Prophet’s

time – “time – “Madzhab SahabyMadzhab Sahaby”” (juristic opinions of the Companions). And (juristic opinions of the Companions). And

the Prophet s.a.w. knew and even sanctioned this practice.the Prophet s.a.w. knew and even sanctioned this practice.



Some scholars advocate “it-tiba’ “ i.e. “following ” by also

understanding the basis (dalil) for a decision. This is to prevent

laziness and cult-like blind adherence (ta’assub) merely to

personalities and charisma.

Howbeit, this “it-tiba’ “ is still regarded as “Taqlid ” because the

person (muttabi’) still has to rely upon whatever the scholars have

presented, for he (who obviously is not mujtahid) has no competency

to adequately assess the basis from its sources independently.



His knowing of the basis is not compulsory, but only encouraged as a

learning process i.e. as encouragement to aspire to upgrade himself

towards becoming knowledgeable of the Deen; as well as for him to

appreciate and learn the methodology.

It is only in matters of AQEEDAH (Belief) or in matters that outwardly

opposes known principles and teachings of Islam, that “Taqlid “ (in the

sense of following blindly) is Haram (forbidden) i.e. for those who can

think and can verify.



Some erroneously assumed that this reliance upon the authority whose

competency can be generally ascertained to be forbidden, while they

conveniently forget that this itself is in fact complying to Allah’s

commandment:


““... Ask from those who possess the Message (az-Zikr : the ... Ask from those who possess the Message (az-Zikr : the

remembrance) in matters which you do not know.“remembrance) in matters which you do not know.“

((Qur’an: al-Nahlu: 16: 43Qur’an: al-Nahlu: 16: 43))WaAllaahu a’lamWaAllaahu a’lam


If by “Bid’ah “ we mean strictly to refer to any “ innovation” i.e.

“something which has not been done by the Prophet s.a.a.w. himself ” -

then yes, of course it is “Bid’ah “.

This was because there was no necessity for the Prophet s.a.a.w. to be

following any one else’s opinion on religious matter.

““Is following Is following MadzhabMadzhab a a Bid’ahBid’ah (innovation) ? ” (innovation) ? ” # 2


Yet, amongst the Companions of the Prophet, there are those whom he

specifically pointed out to be referred by others, because these were

acknowledged by him as competent scholars and teachers in the

Prophet’s absence.

So if by “madzhab “ we mean “school of thoughts in matters of juristic,

Qur’anic interpretations”, then this is clearly already advocated by the

Prophet s.a.w. himself during his life-time.



So, if some practices occur which is known to the Prophet s.a.w. and

he consented (by not forbidding it) then, technically it is to be

regarded as a Sunnah (Taqririyya).

So, here in fact is the argument supports that following “madzhab ” is

not a “Bid’ah ” but rather is actually a “Sunnah ” . It baffles us that

this point has be avoided or ignored by the so-called ‘advocates’

calling for the returning to the “Qur’an and As-Sunnah” who callously

ruled that “following a Madzhab is “Bid’ah”?!



As to the concern of varieties of views amongst the Madzaahib, yes,

there were already “ikhtilaaf ” (differences) in the opinions even

among the companions themselves, although few, but it was wisely

tolerated by the Prophet s.a.w. himself. We should take the lesson

that, the Prophet’s toleration was in fact to teach us how we are

supposed to regard differences of opinions with Adab, amongst the

learned.

These differences are even regarded as a mercy.

WaAllaahu a’lam.



Although the slogan “Let’s go back to Al-Qur’an and As-Sunnah” may

be correct and in vogue, yet it is a general statement which must be

read with a caveat – i.e. “only for those knowledgeable and who truly

are competent to do so” – which therefore is not a licence for just

everyone.

The general Muslims are required to refer to Islamic jurists and

scholars whose opinions, explicitly or implicitly as a rule, must be

founded upon the Qur’an and As-Sunnah.

“ “Why must we follow Why must we follow MadzhabMadzhab when we can go when we can go to the Qur’an and Ahadith ourselves ? ”to the Qur’an and Ahadith ourselves ? ”

# 3


So the obvious response to the above is crucially with a question –

“Are you a ‘Mujtahid’? “

The claim of one’s ability to “going back to Al-Qur’an and Ahadith”

must first be ascertained and verified . Without which one still has to

rely upon those who can.

And all “Madzaahib” are in fact a body or collegiate of competent

Islamic scholars whose task are to refer matters to the Qur’an and As-

Sunnah.


# 3


Today those whose advocacy is : “We do not follow any Madzhab”

are spewing a contradiction because they are in fact setting up a new

“Madzhab” i.e. technically it is still “a madzhab of those who reject

traditional Madzhab”, except that they may not even be learned

themselves.

Thus, it is a misguidance of the misguided. May Allah safeguard us all

from every kinds of misguidance.

WaAllaahu a’lam.


# 3


No! Madzaahib in Islam is not the same as ‘denomination’ or

‘sects’ as in Christianity because:

[1] Muslim scholars of every Madzhab adhere to similar principles –

Al-Qur’an, As-Sunnah, Ijma’, Qiyas, etc. – they differ only in some

few secondary matters of interpretations, but are generally in

agreement in most fundamental issues.

“ “Would not following Would not following MadzhabMadzhab a form of sectarianism a form of sectarianism like the denominations of the Christian churches ? ”like the denominations of the Christian churches ? ”

# 4


No! Madzaahib in Islam is not the same as ‘denomination’ or ‘sects’

as in Christianity because:

[2] Whereas in Christianity, ‘denominations’ amongst them differ in

regard to fundamentals and primary sources viz. the Bible, their

dogmas, their rites , etc.


# 4


No! Madzaahib in Islam is not the same as ‘denomination’ or ‘sects’

as in Christianity because:

[3] All Muslims are to aspire to become ‘Ulama (scholars) to some

degree, and they can re-check whatever opinions with other scholars

- whereas in Christianity, most of their Church cleric has almost an

exclusive authority, and are unquestionably followed by the ordinary

congregation.


# 4

WaAllaahu a’lamWaAllaahu a’lamAll Rights Reserved© Zhulkeflee Hj Ismail (2014)

Everyone should begin following only one Madzhab first.

It is not only following the final juristic decision, but also to learn the

principles, methods and approaches to its juristic interpretation.

“ “Must we follow only one Madzhab? Can we not move Must we follow only one Madzhab? Can we not move to the opinion of other Madzaahib ?”to the opinion of other Madzaahib ?”

# 5


Because, there are differences in the methodological preferences used

between Madzaahib – viz. what is stressed strictly (‘azeemah); what

can be given dispensation (rukhshah); etc. therefore, changing or

mixing opinions of Madzaahib before knowing each of the basis, is

forbidden as it can lead to confusion for novice.

This is to prevent ‘hybrid’ opinion which strictly speaking is neither of

this madzhab nor of that – termed ‘talfiq’.


# 5


However, for those advanced in following a Madzhab, are known to

adopt views or juristic opinions from other Madzaahib after

comparing the basis used, as well as to consider which opinions can

offer the best solution to an issue at hand (but avoiding the error of

‘talfiq’) .

Yet even so, they do not have to declare, nor is it necessary to regard

themselves to have changed Madzhab.

WaAllaahu a’lam


# 5


MAIN RIVER SOURCE

DISTRIBUTARIESDISTRIBUTARIES


All distributaries emanate from the main river source.All distributaries emanate from the main river source.

The nearer it is to the source, the purer will be the water.The nearer it is to the source, the purer will be the water.

None of the distributaries alone can claim to represent the None of the distributaries alone can claim to represent the

entire main river, yet as long as they are connected to the entire main river, yet as long as they are connected to the

main source, they are all part of the river system (no main source, they are all part of the river system (no

doubt).doubt).


It may even merge into one another. Or some may It may even merge into one another. Or some may

completely disappear from the earth’s surface. Or pure completely disappear from the earth’s surface. Or pure

water from the sky may be added to it.water from the sky may be added to it.

Each of these distributaries could also be affected by the Each of these distributaries could also be affected by the

soil upon which it flows through, or impurities may have soil upon which it flows through, or impurities may have

been thrown into them, or other pollutants inadvertently been thrown into them, or other pollutants inadvertently

introduced as when irrigation or dam have to be introduced as when irrigation or dam have to be

constructed etc..constructed etc..All Rights Reserved© Zhulkeflee Hj Ismail (2014)

Thus, the concern is for users of each distributary to be

cautious when drinking from it, lest they may consume

something harmful - although yet one has to still drink

from it - or else die from thirst.


To deprive anyone from the available water that they

already can access to, with the excuse that it has become

polluted, is foolish; just as long as the stream they are

drinking from still contain the water which is from the main

source. Our concern is only that they should be mindful ,

not to totally forbid them of their distributary they are

upon.All Rights Reserved© Zhulkeflee Hj Ismail (2014)

Similarly foolish is to argue “my distributary is better

than your distributary” when both actually possess

life-sustaining water (H₂O).


Those who have collected for themselves clean water may

share them with others – but, it would be sheer arrogance

to ‘incite’ common people who have always relied upon

these distributaries for their sustenance, to abandon

benefitting from the abundant flow of these streams, for

the sake of ‘small insignificant cisterns and tanks’ being

offered.


It is equally foolish, nay irresponsible, to confuse – or

rather to “scare and confound”- the common people

whose need for water does not necessarily require him to

be expert chemists themselves – only for them to heed

whatever advice of the medical experts amongst them as

well as from the “water authority”.

WaAllaahu a’lamWaAllaahu a’lam..All Rights Reserved© Zhulkeflee Hj Ismail (2014)

REMEMBER THIS IMPORTANT COMMANDREMEMBER THIS IMPORTANT COMMAND

““O ye who believe! if you are conscious of and fear Allah O ye who believe! if you are conscious of and fear Allah

((TAQWATAQWA), He will grant you a criterion (), He will grant you a criterion (FURQANFURQAN-to judge -to judge

between right and wrong), remove from you (all) evil (that may between right and wrong), remove from you (all) evil (that may

afflict) you, and forgive you: for Allah is the Lord of grace afflict) you, and forgive you: for Allah is the Lord of grace

unbounded.”unbounded.”

((Qur’an: Anfaal: 8: 29Qur’an: Anfaal: 8: 29))All Rights Reserved© Zhulkeflee Hj Ismail (2014)

IMPORTANT DU’AIMPORTANT DU’A

ALLAA-HUM-MA – ARI-NAL-HAQ-QA - HAQ-QANALLAA-HUM-MA – ARI-NAL-HAQ-QA - HAQ-QANWAR- ZUQ-NAT - TI-BAA- ’AWAR- ZUQ-NAT - TI-BAA- ’A

WA-ARI-NAL – BAA-TWILA – BAA-TWI-LAANWA-ARI-NAL – BAA-TWILA – BAA-TWI-LAANWAR-ZUQ-NAJ – TI –NAA - BAHWAR-ZUQ-NAJ – TI –NAA - BAH

““O Allah! Make us see the Truth to be true O Allah! Make us see the Truth to be true and grant us ability to follow it.and grant us ability to follow it.And make us see Falsehood to be false And make us see Falsehood to be false and grant us the ability to reject it.”and grant us the ability to reject it.”


All welcome to visit my web-blog:All welcome to visit my web-blog:

http://an-naseehah.blogspot.com/http://an-naseehah.blogspot.com/

http://introductiontotauhid.blogspot.com/http://introductiontotauhid.blogspot.com/

http://oyoubelievers.blogspot.com/http://oyoubelievers.blogspot.com/

http://al-amthaal.blogspot.com/http://al-amthaal.blogspot.com/

http://zhulkeflee-archive.blogspot.com/ http://zhulkeflee-archive.blogspot.com/

http://criteriaforaholybook-quran.blogspot.com/http://criteriaforaholybook-quran.blogspot.com/

http://with-the-truthful.blogspot.com/ http://with-the-truthful.blogspot.com/

http ://muqaddam-nurul.blogspot.com/http ://muqaddam-nurul.blogspot.com/


To love your Prophet s.a.a.w.

To love the Household of the Prophet s.a.a.w.

Teach them to recite Al-Qur’an.

[slideshare] fiqh-course (august 2014-batch) -adab-following-madzhab- #5 -(10-sept-2014)

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