Answering the Book - Refutation of Those Who Do Not Follow The Four Schools

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Answering the Book - Refutation of Those Who Do Not Follow The Four Schools

Postby AbuKhuzaimahAnsari » Wed Mar 29, 2017 1:39 am

Answering the Book
Refutation of Those Who Do Not Follow The Four Schools
& that Taqlid of them is Guidance

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Answering the Book - Refutation of Those Who Do Not Follow The Four Schools and that Taqlid of them is Guidance

The Truth and Guidance is Not Restricted To the Four Madhabs - Whoever Says this has Lied!


The following is a series of short succinct points of clarification and answers to the book allegedly attributed to Hafiz Ibn Rajab (795H) 'al-Radd 'ala mann ittiba ghair madhahib al-arb'a' - Refutation Of Those Who Follow Other Than The Four Schools.

Shaikh Badi al-Din Shah al-Rashidi Al-Sindhi (1416H) answers some of their points when they say

"We truly believe the these four Imams are the inheritors of the Prophet"

Shaikh Badi al-Din Sindhi answered this by saying

"This assertion is not entirely accurate because there were numerous Imams during and before their times who were all inheritors of the Prophet, Mujtahid Mutlaqs and people who guided and directed the Muslims."

The muqallidin also say

"The Muslim who does Taqlid or Ittiba of one of the four imams, then without a doubt he will be from amongst the people of truth-Ahl Al-Haq, the people of guidance and Ahl al-sunnah wal jama'ah."

Shaikh Badi al-Din answered and said

"How does a muqallid know he is upon the Haq (truth) or falsehood because he will be unaware and unacquainted with the evidence in the first place. Rather Allah said, "And most of them follow not except assumption, indeed, assumption avails not against the truth at all. Indeed, Allah is knowing of what they do." (Yunus:36),

Secondly: there is a clear difference between Taqlid and Ittiba and therefore confusing the two is confusing the discussion and contention.

Thirdly: There are many Imams and not just 4, so why is their Taqlid (ie of the 4 Imams) acceptable and considered to be the truth when the Taqlid of other than the four imams is understood to be futile and rejected?

Fourthly: as the statements of Shaikh Al-Islam and Hafiz Dhahabi have preceded which elucidate, it is not the Madhab of Ahl Al-Sunnah to restrict the truth to the four Madhabs.

So one naturally asks, which Ahl Al-Sunnah's madhab are you referring to."

Tanqid al-Sadid p.348
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Re: Answering the Book - Refutation Of Those Who Follow Other Than The Four Schools

Postby AbuKhuzaimahAnsari » Thu Mar 30, 2017 2:02 am

Answering the Book - Refutation of Those Who Do Not Follow The Four Schools and that Taqlid of them is Guidance

The Validity of the Notion of Only Accepting the Four Madhabs


The notion of accepting just the four Madhabs and anything besides them is incorrect and not upon guidance, is something that is alien according to the practise of the pious ancestors. Such notions dictate and conclude anything outside the 4 Madhabs is wrong and therefore we can extrapolate and say anything not known or practised amongst the companions and the earlier pious ancestors is also refuted and rejected.

This said, it is well known the salaf differed over many affairs and this was also the case amongst the companions, the successors and their successors and even the Imams of the Din. It is also often suggested and ardently pushed, eyes shut, that accepting and following ANY legal edict is considered to be correct.

This is however an incorrect assertion and something Hafiz Ibn Abd al-Barr has refuted, wherein he goes onto say,

"This madhab (ie the notion above) is weak according to a whole group (jama'ah) of people of knowledge and the vast majority of jurists and people of intelligence have rejected this notion." (Jam'e Bayan al-Ilm wa Fadlihi 2:78)

Hafiz Ibn Abd al-Barr also cites examples of such instances where the companions differed. One such issue was the permissibility of praying in a single garment which lead Umar RadiAllahu Anhu being firm with the companions and telling them not to differ. (cf. Jam'e Bayan Al-Ilm 2:84).

Another huge problem with the idea of everything within the four Madhab is correct and thus a person is obligated to follow them is the desecrating the concept of error or mistake within the Madhabs. Another angle that is often used to manoeuvre around the "wide, expansive and all tolerant" fiqh approach is again adopting the understanding that everyone is correct. Whereas the pious ancestors were categoric in accepting and emphasising the ideas and the concept of the enormous possibility of something being correct or wrong.

Imam Malik and Imam Laith Ibn Sa'd said,

"The differences between the companions of the Messenger of Allah salallahu alayhi wasallam is not as the general people say, that their is wide expansive tolerance, when rather this is not the case because they are either right or wrong in them." (Jam'e Bayan al-Ilm 2:81)

So when we know the companions differed and there are many example of this, yet they spend time with the Messenger of Allah Sallalahu Alayhi wasallam and other companions and they still differed; then how about the notion, the one who does not follow one of the four Madhabs is to be refuted!!! Surely they differed and some of them were right and some of them were wrong!!!
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Re: Answering the Book - Refutation Of Those Who Follow Other Than The Four Schools

Postby AbuKhuzaimahAnsari » Thu Mar 30, 2017 9:40 pm

Answering the Book - Refutation of Those Who Do Not Follow The Four Schools and that Taqlid of them is Guidance

Are The Fours Madhabs Always Upon the Truth? - A False Representation and the Severe Inter Madhab Strife


The most obvious assumption such a book leads to is that all four madhabs are upon the truth and anyone upon other than the 4 madhabs are not upon guidance, whether this is the actual case or not is open for discussion and debate. However what is a factual, as the pages of history evidently dictate is the infighting, discord and epic argumentation between the madhabs which went to extreme levels.

we have cited this else where and for the benefit of the readers we shall i recite them no matter how archaic the readers might think they are

Asbag ibn Khalil who was an extremely bigoted Maliki and severely engrossed in madhabi partisanship would warn Qaasim bin Asbag not to listen to Hadeeth from Baqee Ibn Mukhlad.

He would also say that it would be more beneficial for a pig to be placed on his bier than Musannaf Ibn Abee Shaybah be placed in it. The reason for this was because the Musannaf of Ibn Shaybah contained narrations that rendered some Maliki (and Hanafi) views and juristic decisions to be futile, null and void. (Siyar al-A’laam an-Nabula (13/302) al-Ei’tisaam (2/348)

Haafidh Ibn Katheer and Imaam Dhahabee also mention the trial and tribulation that befell Haafidh Abdul Ghanee al-Maqdisee. In and around 595H again The grand masjid in Damascus known as Jaam’e Amawee had 4 Musallahs, one for each Madhab. Haafidh Abdul Ghanee al-Maqdisee would deliver his lectures at the Hanbalee Musallah on the issue of Asmaa Was Sifaat of Allaah and Aqeedah in general.

Some of the followers of the other madhabs like Qadhee Ibn at-Turkee and Dhiyaa ud deen Khateeb ad-Daula’ee could not fathom this because they differed with him on Aqeedah as well as Fiqh as they were from different madhabs. In light of this they went to the see the ruler at the time who was Saarim ud deen Barghash.

A debate on the issues of Aqeedah was organised and Haafidh Abdul Ghanee al-Maqdisee debated all of them ferociously. No doubt the opposers were followers of the other madhabs and were Asharee in Aqeedah.

When Haafidh Abdul Ghanee al-Maqdisee defeated them and the Asharees and followers of the other madhabs pushed Ameer Saarim ud deen Barghash further who in the end expelled and forced Haafidh Abdul Ghanee al-Maqdisee into exile. The people were ordered to destroy the Minbar of the Hanbalis, their books and literature were thrown out and on the same day there was no Dhuhr prayer for the Hanbalis.

Likewise and similarly they were banned and prohibited from teaching in Jaam’e Amwaee and a lot of discord and dissention occurred as a result of this argumentative and quarrelsome period. (Refer to al-Bidaayah Wan-Nihaayah (13/218) and Siyar al-A’laam an-Nabula (21/463)

Some historians mention Haafidh Dhiyaa al-Maqdisi, the author of the book of Hadeeth known as al-Mukhtarah was once going through and reading Imaam Uqailee’s adh-Dhu’afah to the public in Mosul, which is in present day Iraq. The people of Mosul captured Dhiyaa al-Maqdisi and put him in jail and wanted to eventually kill him.

The reason for this was because Imaam Uqailee’s adh-Dhu’afah had some statements disparaging the integrity of Imaam Abu Haneefah. Such was the case that whilst in jail the executioner was about to kill Dhiyaa al-Maqdisi when at the last minute he was told to stop. Later it transpired that Haafidh Barnee had ripped the pages in question disparaging Imaam Abu Hanfeeah from Imaam Uqailee’s book and therefore in this Haafidh Dhiyaa al-Maqdisi was spared.

Ahmad Ibn Dawood was the Chief Justice of his era ie the Qadhee tul-Qadhaa. Ahmad Ibn Dawood was well known for his animosity against Imaam Ahmad Ibn Hanbal in being the chief proponent and opposition to Imaam Ahmad on the issue of the creation of the Quraan. Imaam Ahmad had to suffer greatly at the injustice and partisanship of Ahmad Ibn Dawud who was a mutazilee Jahmee yet a Hanafi in jurisprudence.

He has spearheaded a vehement onslaught on the Aqeedah of Ahlus Sunnah Wal Jama’ah regarding the creation of the Quraan and negation of the Sifaat. Yet he was a Hanafi, later historians and islamic intellectual authors have cited Ahmad Ibn Dawud was a staunch bigoted Hanafi and further opposed Imaam Ahmad Ibn Hanbal due to his jurisprudence and Imaam Ahmad’s firm stance on taking ahadeeth over opinion and staunch partisanship madhabism.

Shaikh Ibn Humaam, the well known Hanafi jurist said,

“Abul Yasr said it is impermissible for a Hanafi to pray behind a Shafiee and the reason for this is due to what Makhool an-Nasafee wrote in his book ‘ash-Sha’aa’a’ that raising the hands whilst going into ruku and rising from it invalidates the prayer because this is an excessive action. Qadhee Khan only allows its permissibility on the condition that the Shafiee is not staunch bigot and that he does not doubt his eemaan.(Refer to Ibn Humaams Fath ul-Qadeer (1/31)

We ask is this not imposing and scaremongering the people in saying that that prayer is not valid behind a Shafiee, who in their right mind would want to be a Shafiee or even contemplate being one, knowing very well any prayer behind him would be invalid. Is this not a type of enforcing a madhab on the people by instilling the fear of consequence and reprimand? Of course it is.

On the other end of the spectrum Imaam al-Haramain al-Juwainee who was a Shafiee would vehemently oppose and talk about imam Abu Haneefah and he would say if the prayer which Abu Haneefah held to be permissible was ever shown to a normal person he would never accept it. Whereas the prayer is a pillar of the deen and as their Aqeedah with regards to the prayer is null and void this clarifies and makes the futility of their madhab manifest. (Refer to Mugeeth al-Khalq (pg.59)

So now who would want to be a Hanafi when the Imaam of the Haram, Imaam al-Juwainee is effectively saying the prayer of the hanafis is invalid and because this is the case their belief regarding the prayer which is a pillar of the deen is defective, it in turn leads to the notion of the whole hanafi madhab being futile!!! Is this not partisanship being imposed and propagated as the only right way and also being enforced on the people as to show only the Shafiees prayer correctly.

Imaam Bukhaari’s Saheeh al-Bukhaari is the most authentic book after the book of Allaah in fact numerous scholars of Hadeeth have cited and mentioned unanimous agreement ie Ijmaa that all of the Hadeeth in Bukhaari are all authentic.

Despite this, look at what a staunch and bigoted Hanafi by the name of Abu Yoosuf bin Moosaa bin Muhammad bin Abee Takeen al-Maltee and then Halabee famously said,

“Whoever looks at (ie reads) Bukhaari has become a zindeeq (ie a heretic)” (Ambaa al-Ghamr Ba Ambaa al-Umar (4/448).

Is this also not scaring the people from reading Bukhaari? Who would want to become a zindeeq ie heretic? No one. This is enforcing partisanship in reversing the understanding ie the one who looks at the prophets hadeeth is a zindeeq therefore remain a Hanafi!!!

From the later scholars Mulla Ali Qari Hanafi cited what the author of Kaidaani said that the 10th haram or unlawful thing to do in the prayer like the Ahlul Hadeeth do is the moving and pointing of the finger. This is the practise of those who follow the Hadeeth. (Cited by Shaikh Rasheed Ridha in his introduction to the al-Mughni (1/20).

Is this not enforcing a madhab based on partisanship and sheer neglect and disregard of scholarly foresight and differences. How unfair and unjust is it to say following any of the madhabs is correct yet at the same instance we have such confrontational bigoted statements that indicate that only one madhab is actually really correct according to them.

Shaikh Abdul Hayy Lucknowi 1307H mentions another a reason of bigoted partisanship was fabrication of Hadeeth to promote ones madhab. He mentions about Mamoon al-Harawi, who was Hanafi) fabricated a Hadeeth which allegedly mentioned the invalidation of the prayer of the individual who raised his (before and after ruku) and reciting Fatihah behind the Imaam. He also fabricated ahadeeth in the censure and disparagement of Imaam Shaafi’ee and in praise and veneration of Imam Abu Haneefah. (Refer to at-Tawaam al-Mar’ashah (pg.67)

The well known and hugely followed Hanafi madhab was enforced and spread via the state and in this regard also imposed on the masses. The government of that time was mutazili and Jahmi in belief and manifested itself at the state level in around after the second century. The state was under the rulership of Mamoon Rashid who began is rulership around 198H but manifested and propagated his mutazili and Jahmi beliefs around 212H.

This mutazili and jahmi government lasted and ruled for approximately 40 years and during this period it’s heads and leaders worked emphatically and vigorously to spread their beliefs and madhab in terms of Aqeedah.

Allaah the Mighty and Majestic said,

“And do not be like the ones who became divided and differed after the clear proofs had come to them. And those will have a great punishment.” (Soorah Ale-Imran:105)

Such obstinance understanding of the madhabs and this staunchness led to further problems with the madhabs, in that there were more extreme and grave differences. This lead to some serious consequences and the following can only but show the fruits and affects of taqlid and blind following.

For example Yaqut Hamawi whilst writing his description and notes about the area of Rayy, he says first the hanafis and shafis joined forces and expelled and refuted the shia, thereafter he adds,

“Then the hanafis and the shafis began fighting, the shafis despite being less in number would always be victorious to the extent that the hanafis of ar-Rustaq would come to aid their fellow hanafis but to no avail. In the end only those from amongst the hanafis and shafis were saved who hid their madhab and turned their houses into places of shelter and if they had not done this then no one would have been saved.” (Mu’ajam al-Buldan 3/117 and Dhuhr al-Islam 1/80)

Likewise and similarly he writes about Isbahan,

“During this era and the time before around Isbahan and the surrounding areas due to the bigotry and partisanship of the shafis and hanafis, discord and dissension spread. A battle between them waged for 8 continuous days, when one would overpower the other they would destroy and demolish their houses and burn them and in doing so they would not feel any remorse or sorrow and this calamity befell a large group of people.” (Mu’ajam al-Buldan 1/209, al-Kamil 11/319, Dhuhr al-Islam 1/80)

Allamah Ibn Athir said concerning the events of 323H,

“The status of the Hanabillah grew, so wherever they saw fermented alcohol they would spill it and wherever they saw a singer they woulkd hit him and also brake the musical instrument. If they would see a man with a woman or children they would ask him who they were? If he replied correctly they would let him go and if not they would severely beat both of them and declare her to be a fahishah and then hand her over to the government officers. In the end Badr al-Kharshani made a public disorder announcement in Baghdad and said no two hanbalis can get together nor should anyone debate or quarrel with them and the Imams should recite Bismillah loudly. This then fulled the situation even more and if the hanbalis found a shafi they would severely beat him, rendering him unconscious.” (al-Kamil 8/307-308 and Dhuhr al-Islam 1/79-80).

Allamah Ibn Athir also wrote concerning the events of 447H, he says?

“The shafis and the hanbalis had severe standoffs and argumentations in Baghdad under the leadership of Abu Ali bin Fura and Ibn Tamimi both hanbalis. The hanbalis began to severely warn against reciting Bismillaah loudly in the prayer, from reciting the qunoot in the fajr prayer and the secondary Adnan. At one masjid they prohibited the imam from reciting Bismillaah loudly in the prayer. So the imam bought the Quran to them and told them to erase the words of Bismillaah from the Quran so that he does not have recite it loudly.” (al-Kamil 9/614)

And in the events leading upto 475H he wrote that the Shaikh Sharif Abul Qasim al-Bakri al-Maghribi came to Baghdad and he was an Asha’ari Shafi. He delivered lectures in Madrassah Nizamiyyah and he said whilst addressing the Hanabillah whilst reciting the ayah (Soorah al-Baqarah:102),

“Sulaiman (Alayhis Salam) did not commit kufr but shaytan did and by Allaah I do not say (Imam) Ahmad committed kufr but his followers are kafirs!!!” (Siyar A’laam an-Nabula 18/562, al-Kamil 10/134)

In the same Madrassah of Nizamiyyah when the son of Shaikh Abdul Karim Abul Qasim al-Qushairi, Abu Nasr came to Baghdad in 469H he delivered lectures and admonitions in the Madrassah. He was Asha’ari and hence had a vehement difference with the Hanbalis. So this dissention and extreme animosity between the two became so propelled and violent that a group of them died in the fighting and killing that pursue. (Wafyat al-A’yan 3/208, Dhail Tabaqat al-Hanabillah 1/19-21, Siyar al-A’lam an-Nabula 18/319)

And when Imam Ibn Jarir at-Tabari died the Hanabillah refused and stopped him from being buring in the graveyard of the Muslims!!! So he had to be buried during the darkness of the night. (al-Bidayah Wan-Nihayah11/146, Zuhr al-Islam 2/40)

Shaikh Muhammad bin Muhammad, who was a Shafi also came to the Madrasaah Nizamiyyah and started to deliver lectures and sermons. One day he started to have bad stomach pains and then eventually died. Then a whole group of people in the gathering also died. Later it was reveled that the Hanabillah had poisoned the food. (al-Kamil 11/376), Mir’atul Janan 3/382)

Allamah Ibn Athir writes,

“In the year 317H a major tribulation took place, Imam Abu Bakr al-Marwazi al-Hanbali and his student and the other people disagreed and differed with regards to the explanation and tafsir of the statement of Allah, “it is expected that your Lord will resurrect you to a praised station.” (Soorah al-Isra:79). So they differed so much with each other that they started fighting and killing one another, that a large number of people were killed on both sides.” (al-Bidayah Wan-Nihayah 11/162, al-Kamil 8/213)

And in Egypt which was known as the hub and home of the shafis and they considered it to be their homeland because Imam Shafi migrated there. When the ruler at the time died, they said this was punishment for him because he had allowed jurists and judges of the other madhabs to issue edicts and verdicts. (Tabaqat Shafiyyah 1/174, The laste Indian Hanafi Scholar Shaikh Abul Hasan Ali Nadwi also cited this in his book. Tarikh Dawat Wa Azimat 2/34)

Muhammad bin Musa who died in the year 506H, was a Hanafi and the Qadhi of Damascus. He would say,

“If I was the ruler I would take jizyah from the Shafis.” (al-Jauhar al-Mudhiyyah 2/136 and Meezan ul-Ei’tidaal 4/52)

And the jizyah is like a tax the Muslim government takes from the non Muslims residing in the Muslim lands and here a Hanafi Qadhi is saying if he was in authority or power he would take this tax from the Shafi Muslims. What does this say about Muhammad bin Musa’s opinion about the Shafis when the jizyah is taken from the disbeleivers?

And some of them went on further to say, it was impermissible for Hanafis and Shafis to get married. Hence Shaikh Safkardi Hanafi said,

“It is not possible (or appropriate) for a Hanafi to wed his daughter to a person who is upon the Shafi madhab however a Hanafi man can marry a Shafi girl.” (Fatawa al-Bazaziyyah 4/112 printed on the margins of al-Hidayah and also refer to al-Bahr ur-Raiq 2/51).

And here Shaikh Safkardi Hanafi likened the situation to a Muslim man marrying a woman of the book and we also know a Muslim woman cannot marry a man from amogst the people of the book. Also note that he falls short of actually declaring it unlawful.

Also the hanafis, namely the hanafi jurist Abu Laith as-Samarqandi would say praying behind the Shafis is only permissible if the Shafi is not staunch or bigoted and he does not say concerning his Imam that he is inshallah a believer, that he does not majorly change the direction of Qiblah, if he does wudu if anything liquid is discharged other than his privates, if he has done wudu from a container that has 2 qullas of water and has impurities in it and that he does not raise his hands whilst going into ruku and rising from it. (Fatawa an-Nawazil pg.48-49, similar ideads have also been cited in Qadhi Khan 1/43, Radd al-Mukhtar 1/563-564, Fatawa Alamghiri with Qadhi Khan 1/84, Fatawa Tatarkhaniyyah 1/652 and also Fath ul-Qadir 1/313)

The Shafis during their eras were also vehemently ferocious against the Hanafis and would also prohibit and declare it to be unlawful to pray behind the Hanafis just on the basis of differences in Fiqh. For example if the hanafi imam touched his wife whilst being in a state of wudu or if he did not pray in a clam manner. Imam Nawawi went onto say praying behind them under such circumstances was impermissible according to Shaikh Ibn Qaffal and this was also the position of the majority (of the scholars of the shafis) and this is what is correct.

He goes onto say Shaikh Abu Ishaq Isfaraini said that a Shafi should never pray behind a hanafi, also they say if a Hanafi did wudu according to Shafi way then according to the majority (of the shafi) scholars praying behind such an Imam is correct. Shaikh Ibn Qaffal said his prayer is incorrect. Etc. Also statements of this kind have been cited from Shaikh al-Awdani and Shaikh al-Halimi who were from the major Shafi scholars. (The details of which can be seen in Sharh al-Muhazab of Imam Nawawi 1/203 and 4/289)

The Hanbalis and Shafis argued and debated on issues of belief and this reached such heights that it was said by the Hanbalis,

“Whoever is not a Hanbali is not a muslim.” (Siyar A’lam an-Nabula 18/508, Dhail Tabaqat al-Hanabillah 1/52)

The Hanbalis would say on the minbar,

“I have been a Hanbali all of my life and so if I die I advise you, oh people become Hanbalis.” (Dhail Tabaqat al-Hanabillah 1/53 and Tabaqat ash-shafiyyah 3/117)

The results of such fighting and argumentation led to the likes of Imam Juwaini writing his book agasint the Hanafi madhab ie his Mugith al-Khalq. He wrote numerous accounts of examples and incidences of partisanship and extreme bigotry which cannot be understood even in light of history.

Then Imam Ghazali followed suit and any remaining scope or possibilities he fulfilled and completed, thereby authoring his ‘al-Makhul’. Thereafter he presented it to his teacher Imam Juwaini, who after seeing it said, “You have buried me alive, you should have at least waited after my death.” (al-Munthazam 9/169)

This shows the level of differences and disagreements that occurred between the madhabs and the level and extent this was rampant throughtout the Muslim Kindom. This also the reason why Imam Juwaini said all the Muslims should do taqlid of Imam Shafi (refer to Imam Juwainis Mugith al-Khalq) and this is why Zahid al-Kawthari, the arch Hanafi in his ta’assub and bigoted staunchness wrote a book refuting Imams Juwaini’s book.

In the western Muslim Kingdom like Spain the Maliki Madhab was widespread and we have already mentioned in Part 1 how the Muslims of the area behaved with Imam Baqi Ibn Mukhlad. The Mailiks were not innocent of the shenanigans of the fight of the Madhabs.

One head of the Malikis frabricated a hadith and attributed it to Abdullah Ibn Masood (RadhiAllahu Anhu) that he allegedly said he prayed behind all of the 4 Khaliphs and none of them raised their hands except for the first time!!! When it is known that Abdullab Ibn Masood (RadhiAllahu Anhu) died in 32H and hence therefore could not have prayed behind Ali (RadhiAllahu Anhu) and all of the years behind Uthman (RadhiAllahu Anhu)!!! Is this not extreme partisanship and staunch bigotry. (For for more details refer to Tartib al-Madarik 3/143, Lisaan al-Mizaan 1/458, Dhail al-La’ie pg.180)

The affair continued and they said if a Hanafi became a Shafi his testimony or him being a witness will not be accepted. (Refer to Durr al-Mukhtar, the Chapter of Testimony).

In its explanation they said,

“The individual who changes his madhab without a reason will be punished and the reason for this is the sin in his testimony being rejected. This is because it is not permissible for a lay person to change his madhab to a different one and the Hanafi and Shafi madhab are agreed upon this. It has also been mentioned if someone (ie a Hanafi) was to change his madhab to become a Shafi in order to get married, then we fear that if he was to die his iman would leave him.” (Radd al-Mukhtar 7/147, also refer to Fatawa Alamghiri 2/169 and Durr al-Mukhtar with Radd al-Mukhtar 4/80)

The famous explainer of Hidayah, Amir Khatib al-Itqani who died in the year 758H. He mentions that in the year 747H he went to Damascus and one day the people were gathered to pray the Maghrib Salah and so they prayed. He says the Imam whilst going into ruku and whilst rising from it raised his hands, so I repeated my prayer and I said to the Imam. “Are you a Maliki or Shafi?” He replied that he was a Shafi.

So I said to him what harm was there if you did not do Raf ul-Yadain ie raise your hands so that the prayer of the congregation would not be null and void because when you raised your hands our prayers became null and void. (Taliqat as-Suniyyah Ala Fawaid al-Bahiyyah pg.50)

Although Shaikh Abdul Hayy Lucknowi did rebuke Amir al-Itqani for this horrendous opinion but in reality the hanafis over later years realised the Sunnah was overwhelming and have since had a more placid attitude. However this was not an isolated opinion as many other Hanafi scholars of that era, later and before also held similar opinions.

For example the author of Khulasatul Kaidani mentions, if someone does Raf ul-Yadain, says Bismillah loudly in the prayer, says Amin loudly in the prayer and points his finger in the tashahud, then all of these affairs are from those which are haram ie unlawful (ie invalidate the prayer.). (Khulasatul Kaidani pg.15-16).

It must also be noted on the title page of Khulasatul Kaidani it says,

“How do you know how to pray if you do not know Khulasatul Kaidani.”

Similarly others have said raising the hands ie Raf ul-Yadain is makruh in the prayer ie is it prohibitively disliked (refer to Radd ul-Mukhtar 1/654 and at-Tatarkhaniyyah 1/562).

Other said it is makruh tahrimi and according to the Hanafi principles this means it is haram, ie it is haram to do raise your hands in the prayer ie Raf ul-Yadain whilst going and rising from ruku. (Refer to Badai as-Sanai 1/548 and Sharh al-Muniyyah pg.347 and Faidh al-Bari 2/257)

During the time of Shaikh Abu Hafs Kabeer the well known Hanafi scholar, a Hanafi man prayed behind someone and recited the Fatihah (in opposition to the hanafi madhab) behind the imam and he also raised his hands ie Raf ul-Yadain. When Shaikh Abu Hafs found out he went and complained to the ruler of the time, who in turn ruled for the Hanafi man to be publicly lashed.

Some people feeling sympathy for the Hanafi man approached Shaikh Abu Hafs and intervened and plead on his behalf. The Hanafi man eventually repented and hence was spared the publish lashing. (at-Tatarkhaniyyah 5/145)

Raising the hands was also the reason why the hanafis had animosity and hatred for Imam Bukhari. Imam Dhahabi mentions when Imam Bukhari began teaching the people, they would come to him and say the takbir for the iqamah once and also raise their hands ie Raf ul-Yadain according to the way of Ahlul Hadeeth. One of the Hanafi jurists Hareeth bin Abee al-Warqa thought this was causing discord and dissension in the community and hence began to oppose Imam Bukhari. (For more details refer to Siyar A’lam an-Nabula 12/465)

Then we have Isa bin Abu Bakr bin Ayub who died in the year 624H, he was considered to be a scholar and prolific orator, he was also the ruler of Damascus for 8 years. Shaikh Mulla Ali Qari Hanafi said about him that he was of virtuous faith and a blessing upon the deen. Isa bin Abu Bakr was also responsible for writing a refutation of Imam Khatib al-Baghdadi and he falsely attempted to prove that Imam Ibn al-Jawzi was a Hanafi.

It is said about him that he was so staunch and bigoted that his father said to him one day, “How have you adopted and accepted the madhab of Abu Haneefah when all of your family are Shafis. He replied, “Do you not wish that at least one member of your family becomes a Muslim!!!!” (al-Fawaid al-Bahiyyah pg.152) of Shaikh Abdul Hayy Lucknowi)

And how about the scholar of the sub continent, Muhiy ud deen Muhammad bin Muhammad who died in the year 789H who was a staunch and bigoted Hanafi. It has been said about him that when he went on Hajj, he would do an umrah daily and finish the recitation of the whole Quran on a daily basis. However he would shun, criticise and abuse Imam Shafi and he would consider this to be a form of worship. (Shudhrat udh-Dhahab 6/310)

All of these disgareements, quarrelling, argumentation, bigotry, staunchness, animosity and enmity all in the name of madhabs and blindly following them. It is these traits that led to the 4 separate musallahs in the first house of Allaah ie Ka’aba. Dear Muslims how is it conceivable that based on our pristine and beautiful religion about which the people of the book would envy us led to such sects and factions in the first house of Allaah whilst making the most important aspect of worship ie the prayer.

There are also other differences in which they have shown extreme bigotry and scare monging tactics and thereby strongly refuting and rebuking the opinions of the other madhabs.

For instance the one Hanafi elder and scholar, ie Shaikh Abdullah Balkhi said,

“Whoever recites Fatihah behind the Imam, force soil into his mouth, and if not then break his teeth.” He also issued an edict that the one who recites fatihah behind the Imam then his is a fasiq and someone who does something haram. (Refer to Darr al-Mukhtar 1/544 and Fath ul-Qadeer 1/240)

What impression and understanding does this give to the hanafi muqallid with regards to the other madhabs and people who believe one must recite fatihah behind the Imam, how comfortable would they feel if they prayed in their masjid!!!

Also what do we do about the positions of the other Imams and madhabs like for example Imams Shafi, Ibn Mubarak, Ishaq ibn Rahawaihah, Awzai, Abu Thawr, Bukhari and many others who heled the opinion that Fatihah should be recited behind the Imam. Are they worthy of soil being put in their mouths, their teeth being broken and fire put into their mouths??? Subhanallah, The Imams Bukhari and Baihaqi even wrote books on this topic obligating the reciting Fatihah behind the Imam.

Unfortunately this is the result of blind bigoted partisanship and such opinions lead to this level of sectarianism which ultimately lead to discord, chaos and dissention in the Ummah and the end goal of all of this is that a Muslim is prohibited and restricted from following and obeying the Book and the Sunnah. May Allaah keep us upon the Quran and Hadeeth. Ameen.

The well known historian and traveller of Spain ie Andalus Ibn Jubair who died in the year 614H. In the year 579H he travelled to Makkah and said, “From the Imams of Ahlus Sunnah (meaning some people were not from Ahlus Sunnah) the Shafis would pray first and they were the followers of the Abasid Imams and their place was at Muqam Karim, thereafter the Malikis would pray. However at the time of Maghrib due to the constraints of time all of them would pray with their own perspective Imams all at the same time (ie 4 imams all leading the Maghrib prayer.)

This was very difficult as each individual would be very attentive to the sound and voice of their own mu’adhain and Imam. This is because they would hear 4 takbirs from the 4 Imams and the worshippers would get very confused and lost. Sometimes they would do ruku and sujud according to the takbirs of the hanafis, malikis, shafis and hanbalis and sometimes their own imam and sometimes they would say the Salam at the end according to another imams salutation etc.” (End of Ibn Jubairs words) (Rihlah Ibn Jubair 78)

Dear readers can you imagine what confusion and disorientation there would have been whilst trying to pray in such an atmosphere. In our daily lives it becomes difficult enough based on the background noise can you imagine what the atmosphere would have been like. What can be more of an example of partisanship and bigotry than this in the house of Allaah, this is what sectarianism and madhabism always eventually leads to and this is also the situation in our times.

What is even more disturbing and worrying can you imagine what level of Khushu, Khudhu and concentration some of these worshippers must have had when they were praying in such an atmosphere, knowing very well the prayer would be the first thing to be judged on the day of judgement.

In part of this series in relation to question no.4 where the questioner asks about hundreds and thousands of scholars refining and correcting a madhab from within. Indeed then this is nothing but a fallacy as most often the scholars continued to defend their madhab irrespective of the positions.

For example the issue of 4 imams leading prayers in a single masjid, an emiment Hanafi scholar Shaikh Mulla Ali Qari said in defence of this,

“If there is an Imam for every madhab like there is in our time, then it is better to pray behind the Imam of your Madhab (only) whther he prays earlier or later. This is because the general Muslims and the majority of the believers from the Harmain, Quds, Misr and Sham have adopted and preferred this way and no attention is paid to those who oppose this.” (Radd al-Mukhtar 1/564) and Allamah Shami even goes onto give evidence for the permissibility of numerous jamahs in the Haram. (Radd al-Mukhtar 1/553)

And we have not even began to talk about the current day issues of bigotry and staunchness and if this was the case we would run into volumes. There have been cases of severe physical abuse upon people who changed from hanafis to Ahlul Hadeeth, masjids being destroyed and burnt, scholars being shot and injured, houses being burnt and destroyed.

Masjids banning the Ahlul Hadeeth, washing the places where an Ahlul Hadeeth prayed Salah, breaking the Ahlul Hadeeths fingers whilst they supplicated with them in the tashahud etc.

In Egypt an Imam did not recite the Bismillah loudly so someone during the prayer said your prayer is Baatil, so repeat your prayer. So the prayer was started again. Similarly the Shafis once prayed the fajr prayer behind the Hanafis and Malikis on jumuah and then they repeated the prayer only because the Hanafi imam did not recite Soorah Sajdah in the prayer. (Refer to the monthly journal al-Furqan April issue no.44 pg.55, 1994)

Likewise Allamah Rashid Ridha mentions that,

“A Hanafi from Afghanistan heard that a man whilst praying recited the Fatihah behind the Imam, so a person punched him so hard in this chest or stomach that he fell down in sheer agony, pain and nearly died from it. I have also been informed that someone broke a persons finger just because he was moving it during tashahud. In the last century the people of Tarbulus were engrossed in so much partisanship and sectarianism to such an extreme level that some of the Shafis went to the main mufti and asked him to divide the masjid into 2 halves one for us and one for the Hanafis because their jurists (ie the Hanafi faqihs) consider us to be Ahludh-Dhimmah. The issue of a Hanafi man marrying a Shafi woman also arose. Some argued that he cannot marry her because the Shafi woman says I am believer inshallah therefore she doubts her imam and others said he can marry her by reasoning and say she can be understood to be from the people of Dhimmah.” (End of his words) (Refer to Muqaddimah al-Mughni 1/18)

The late indian Hanafi scholar, Sayyid Abul Hasan Ali Nadwi has also cited the breaking of the finger whilst moving it during Tashahud by some the afghani tribes and he concludes the people only did this because this what they were taught ie that Khulasatul Kaidani teaches that is haram to move the finger in tashahud. (When The Waves of Iman Came pg.213-214 in the footnotes.)

Shaikh Sha’arani said,

“Most of the Muqallideen have very evil thoughts about the other Imams. It has been relayed to us that the Hanafis and Shafis of Wara Nahr abandon fasting in the month of Ramadhan so that they maintain their energy whilst refuting each others evidences and proofs.” (Meezan al-Kubra 1/43)

This way of bigoted staunchness was not the way of the salaf, they still had mutual respect for each other and differing opinions. There are numerous examples from during the times of the companions who despite differences would still respect, listen and pray behind each other. Likewise and similarly if they saw or found someone from amongst their companions they would advise them by giving them evidences from the Quran and Sunnah.

So, despite the claim the refutation of those who do not follow the 4 madhabs, where is the refutation of some of the grave and misguided notions as cited above!!!
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Re: Answering the Book - Refutation Of Those Who Follow Other Than The Four Schools

Postby AbuKhuzaimahAnsari » Sun Apr 02, 2017 6:03 pm

Answering the Book - Refutation of Those Who Do Not Follow The Four Schools and that Taqlid of them is Guidance


Was it The Norm to Only Follow the Four Madhabs in the 7th and 8th Century
& The Existence of Other Madhabs

Let us look at why this is an shadh position (i.e Refutation of Those Who Do Not Follow The Four Schools) we will see in light of the statements and understanding of the scholars who were around the time of Hafiz Ibn Rajab who died in the year 795 after the Hijra.

Hafiz Ibn Rajab allegedly says in the opening pages that he authored the book in answer to someone's rebuke to. He says,

"Someone's rebuke has reached me: a rebuke for my censuring people today who affiliate with the school of Imam Ahmad or another famous Imam, yet depart from their school in issues..." (Hafiz Ibn Rajab, Al-Radd 'ala man Ittiba ghayr al-madhahib al-arba ? (Refutation of Those Who Do Not Follow The Four Schools) trans. Musa Furber (?: Islamosaic, 2003/2012/2015) p.1)

(**The dates of the translated publication are somewhat confusing, where the copyright is cited as 2003, 2012 but the translators introduction is dated 30th June 2015 in Abu Dhabi)

It is interesting to note how Hafiz Ibn Rajab did not restrict such affiliations to just the four Imams as the passage above shows but yet it is strange how the title of the book suggests and is restricted only to the four Madhabs!!! This is from amongst many reasons why some researchers have failed to accept this as Hafiz Ibn Rajab's book. Some researchers accepted it to be his treatise with great difficulty but rejected the title. This will be discussed later In Sha Allah.

Musa Furber, in his short biography of Hafiz Ibn Rajab cites al-Subki as one of his teachers, ie Shaikh Taqi al-Din. (Refutation of Those Who Do Not Follow The Four Schools, p.vIII)

However Shaikh Taqi al-Din al-Subki's son, Shaikh Taj al-Din Subki (771H) who died just 24 years before Hafiz Ibn Rajab and was therefore from his era, he said,

“It is unacceptable to Allah, the forcing of people to accept one madhab and the associated partisanship (tahazzub) in the subsidiary issues of the Din and nothing pushes this fervour and zealously except partisanship and jealousy. If Abu Haneefah, Shafi, Malik and Ahmad were alive they would severely censure these people and they would dissassociate themselves from them.” (Mu’eed an-Na’am Wa Mubeed an-Naqam pg.76)

The later Hanafi scholars way after the time of Hafiz Ibn Rajab, even differed with the view of "only the four madhab" approach and they said if a muqallid Qadhi (judge) issues a verdict in opposition to the fatwa of the imam of the madhab, it is unworthy to be acted upon. Similarly when the Qadhi issues a verdict based on a weak statement of the madhab it will still not be worthy to be acted upon, so therefore how is it correct to act upon a statement of another madhab. (Refer to Durr ul-Mukhtar with Radd al-Mukhtar 1/76)

Others however on the other hand have shown some leniency and said if the Qadhi is a Mujtahid then his verdict which opposes the madhab can be acted upon based on ijtihad. (Refer to Durr al-Mukhtar 1/85 and 5/404)

This shows the later scholars themselves differed with this even after the era of Hafiz Ibn Rajab and we have already shown the same from Hafiz Ibn Rajab's era already, as for the time before, let's not even go there!!!

Shaikh Kamal ud Din Hanafi said that an individual referring to another madhab based on evidence and ijtihad is sinful and worthy to be reprimanded, then how about the individual who refers to another madhab without evidence or ijtihad, then he will be more worthy of sin and punishment. (Refer to Tahawi 2/417)

Imam Dhahabi (748H), another contemporary of Hafiz Ibn Rajab extorts some beneficial points, his profound words are,

“Oh Muqallid and oh you who think ijtihad has finished and there is no Mujtahid now! Then there is no benefit in your learning and studying the principles of Fiqh as learning the principles of Fiqh only benefits the Mujtahid. When an individual knows the principles of Fiqh and he still abstains from freeing himself from the shackles of taqlid, he does not achieve anything. Rather by studying it further he pushes himself into more difficulty and establishes proofs against himself.. ” (cited by Suyuti in Ar-Radd Ala Min Akhlad Ilal Ardh pg.153)

He also further expounded on this and said,

“A person who only follows one specific madhab is the one who is deficient of firm knowledge, just as the situation was with most of the scholars of our times who are mutassab (ie bigoted)” (Siyar A’lam an-Nabula 14/491)

Shaikh Izz ud deen Ibn Abdus Salam (660H) said,

“There is great amazement at the blind following (Muqallid) jurists (fuqaha) who know the weak sources of their imams which they can not clarify or rectify, yet they are still adamant and continue to do taqlid of their Imams and they abandon and leave the position which is supported by the Quran and Sunnah. In doing so they formulate and concoct major false interpretations in defence and in promotion of their Imams.” (Qawaid al-Ahkam 2/135, also cited by Shah Waliullah in his Hujatullah 1/155, in his Ittihaf pg.110 and in his Iqd al-Jeed, Suyuti in his ar-Radd Min Akhlad pg.140, and Allamah Fulani in Iqaz al-Humam pg.108)

Imam Ibn Salah (643H) the author of Muqaddimah Uloom al-Hadith) says in summary

“When a lay person seeks a fatwa or asks concerning an issue from a scholar, he should emphasis on the answer and say was this the ruling of the Nabi (Sallalahu Alayhi Wasallam). If the mufti says yes, he can act on the fatwa and nothing more is required from in terms of him being a lay person. However if the mufti says this is my opinion, or the opinion of Malik, Qasim, Abu Haneefah, Abu Yusuf, Shafi, Ahmad or Dawood Zahiri, or if he says it is the statement of a companion or tabi, or if he just remains silent, then it is haram to take the fatwa. Unless it specifies it is from the Nabi Sallalahu Alayhi Wasallam), thereafter it becomes obligatory to take this and it is also obligatory for him to say to you to go and ask other scholars.”(Kitab al-Fatwa pg.280 of Ibn Salah)

This shows even before Hafiz Ibn Rajab's time the people and the scholars had an understanding beyond the four Madhabs and followed the methodology of referring back to the evidences, even if it was outside of the four Madhabs.

Imam Suyuti (911H), who was over a 100 years after the time of Hafiz Ibn Rajab, he also alludes to the existence of other Madhabs in the fifth century ie up to the 600H. So what changed so dramatically in 150 years or so until the time of Hafiz Ibn Rajab? Imam Suyuti said,

“Numerous mujtahids have passed through the various eras in addition to the numerous mujtahids after the time of the tabieen. There were 10 madhabs that were prevalent. So in addition to the four madhabs we have the Madhab Sufyan ath-Thawri, Madhab Awzai, Madhab Laith ibn Sa’ad, Madhab Ishaq ibn Rahawaihah, Madhab Ibn Jarir and the Madhab of Dawud. However after thr 5th century due to the lack of fervour, motivation and rejuvenation these other madhabs dimished.” (al-Hawi Lil-Fatawa 2/156 of Imam Suyuti)

However Shaikh ul-Islam Ibn Taymiyyah (728H) has further expanded on this and asserted the other madhabs did exist, he said,

“Imam Sufyan ath-Thawri who was an Imam of the people of Iraq and according to most of the scholars was greater in rank that the scholars of his era like Ibn Abi Layla, Hasan bin Saleh and Abu Haneefah. His madhab is present today in Khurasan. Likewise the madhab of Imams Ishaq ibn Rahawaihah and Dawud (adh-Dhahiri) is also prevalent today, in fact in the east and the west you will find that most of the followers are of the Dawudi madhab.” (al-Fatawa al-Kubra 2/374, it is also cited in his Majmu Fatawa)

Also remember, Imam Ibn Taymiyyah died in 728H and he is saying that you will find people upon other madhabs, so this shows the people were not confined to these madhabs even in the 8th century of Islam, precisely during the era of Hafiz Ibn Rajab.

Some people have even mentioned the different lands who were on different madhabs just before the time of Hafiz Ibn Rajab. For example Mas’ud bin Shaybah Sindhi, who was a staunch author and from amongtst 7th century hanafi scholars mentioned most of the people of Rauzrawar, Yazjard, Juzbazkan (central asia) and some of the people Hamdan are upon the madhab of of Thawri. (Muqaddimah Kitab at-Ta’lim pg.331)

The student of Shaikh Balqaini asked him what prohibits Shaikh Taqi ud deen as-Subki from doing ijtihad (and here it means of the Mustaqil or mutlaq type) whereas he has the capability and knowledge. The student also thought that Shaikh Balqaini was also of the same level and so whatever answers he gives I will also assume that to be his own reasons also.

However Shaikh Balqaini remained silent. So the student himself said, may be he thought it was inappropriate and this ijtihad was restricted to the 4 madhabs and those who left these 4 madhabs and performed ijtihad, they would not achieve anything because the people would abandon and not take Fatawa from them and at the same instance label them to be innovators. Then Shaikh Balqaini smiled upon my clarification and agreed with me. (Refer to Shaikh Shah Waliullahs al-Insaf Fee Bayan Sabab al-Ikhtilaf pg.60-61)

In summary dear readers we find, the scholars did not restrict the people only to the four madhabs and this was from scholars during the time of Hafiz Ibn Rajab, slightly before and well after. This also shows the existence of other madhabs during the same era in the different lands. There were other mitigating factors why scholars resorted to sicking to one of the well known madhabs as the student of Baqilaini highlighted.

What must be added here, there is no legislated evidence in the Quran or Sunnah whatsoever that restricts a Muslim to only one of the four madhabs, this is huge milestone from restricting a Muslim to only one madhab.

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