Okay the scholars state that the laypeople can take a ruling without understanding the reasoning behind it ........

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Shehzad Sattar
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Okay the scholars state that the laypeople can take a ruling without understanding the reasoning behind it ........

Postby Shehzad Sattar » Sun Nov 06, 2016 10:57 pm

QUESTION

2. Okay the scholars state that the laypeople can take a ruling without understanding the reasoning behind it from a reputable scholar, isn’t that similar to what the madhabs have done, i.e. the pious predecessors with their methodologies have derived rulings for all thinkable and unthinkable topic areas?

ANSWER

I think there seems to be an incorrect understanding with regards to this discussion. We say a normal lay or average person can ask Ahlul ilm or a scholar pertaining to any issue which the lay person then goes and acts upon. With regards to this the scholars have differed whether this is taqlid or not. Some have classed this as ittibaa and they use the ayah which states ask the people of knowledge if you do not know.

This is more accurate as this what the earlier Muslims did and no one used the word Taqlid and hence this is the reason you will not find the usage of this word in the first three generation. That a single one said to another go and do taqlid of so and so in all of their affairs.

It could be argued the normal lay person does not need to know the reasoning behind the legal edict but this does not in anyway or form suggest the scholar does not provide evidence. It would be sufficient alone if he said Allaah says or The Messenger of Allaah (ﷺ) said…

This no longer remains taqlid, in this situation it is not necessary the for lay person to understand the intricacies of the evidence i.e. the Asbab an-Nuzool, Qate ud-Dalalah Aam, Khaas Raje Wal-Marjoo etc; but what suffices and what is important is that he knows and comprehends there is evidence from Allaah’s Book or the Sunnah.

The madhabs evolved in different ways, each vary different from the next. What is also important to note these madhabs were not formulated during the eras of the Imams but years later, in fact 3 to 4 centuries later.

The Imams themselves would derive rulings from the Book and the Sunnah and this is an undeniable fact. However, in the same instance these Imams applied their own individual ijtihad. In doing so they also applied and formulated some of their own principles and rules, each differing from the next.

Therefore they based their rulings on some of these principles and rules. So now with all of these different rules and principles they differed with each other and so it is very possible they also made mistakes. So due to these principles and rules their understanding and attempting to reconcile the ahadeeth may have led them to err and make mistakes in their rulings. Numerous examples can be highlighted here and this would lengthen the discussion.

The main point is that the Imams; as great and revered they were in terms of their knowledge and comprehension, were at the end of the day humans and made errors. We have not been obligated to follow their mistakes or errors.

Some of the principles they differed over include, did the statement of a companion constitute evidence (Refer to al-Ahkam 4/210 of al-Amadi, Kashf ul-Asrar 2/100-10 of Nasafi, Minhaj al-Wasool (3/143 of Baidhawi)

An example of this is the difference in how long a woman can remain pregnant for (i.e. the child remains in the mother’s womb). For example Imam Abu Hanifah said a woman can remain pregnant only for 2 years and they use the narration of Aishah (RadhiAllahu Anha) in which she said the child only remains in the womb for 2 years (refer to Hidayah 2/32)

When Imams, Malik, Shafi and Ahmad ibn Hanbal said this can last till 4 years. Walid ibn Muslim mentions that he narrated to Malik that Jamilah bint Sa’ad narrates from A’ishah (Radhi Allahu Anha), “A woman does not exceed 2 years of pregnancy.” Imam Malik said Subhanallah, who says this? The wife of Muhammad bin Ejlan remained in her mother’s womb for 4 years. Shafi said Muhammad bin Ejlan remained 4 years in his mother’s womb. Ahmad said the women of Banu Ejlan would remain pregnant for 4 years.” (al-Mughni 8/84-85 of Ibn Qudamah). And there are numerous examples.

The most comprehensive point in rebutting and expanding on this point is that if all the madhabs took from the Quran and Sunnah, why are there so many differences amongst them in these issues and we know this is a clear reality.

We will not go into the different usools the madhabs formulated for themselves and then differed with each other based on their understanding of the texts. The main problem here is that we accept the Imams took from the Book and the Sunnah, but what is obligated upon us i.e. the normal lay Muslims.

Then in later years their respective students modified the rulings of their respective teachers, and then they presented their own fiqh with the modifications. Then their students did the same and this continued over the years.

Some of the scholars preserved the rulings of the imams so for example in the Hanafi madhab you might have three opinions i.e. one of Imam Abu Hanifah, one of Shaikh Muhammad Shaybani and another of Qadhi Abu Yusuf; but the questions are…. what is the actual ruling and whose ruling was it and what evidence did they use.

Therefore it is possible the madhabs in their own way derived the necessary rulings for a whole host of issues based on their formulated principles. So firstly they differed with each other.

Secondly who exactly made these principles and rules.

Thirdly when we say the madhabs did this i.e. formulated or derived the rulings, yet again what is exactly meant by this? Is this not following a way other than the Book and Sunnah even though they may have used the same sources for their extraction and interpretation.

Fourthly what does an individual do when he knows their madhab is going against the authentic hadeeth. This indeed is a burning question!!!

With regards to the rulings from the Judge or Qadhis perspective the judgements of Qadhi Abu Yusuf are given more precedence over the verdicts of Imam Abu Haneefah because Qadhi Abu Yusuf studied with him as well as others before him. (Refer to Rasm al-Mufti pg.35 and Radd al-Mukhtar 1/71)

Zahid al-Kawthari the defender of the Hanafi madhab in his brief summary in answer to a point raised by Imam Juwainee, essentially argued that the 4 Imams were not infallible or entirely certain with regards to the rulings. He said Imam Abu Haneefah remained silent and did not pass judgement on many issues. Imam Malik said regarding many issues that he did not know.

Imam Shafi has 2 conflicting statements regarding one issue and he often also said the authentic Hadeeth was his position. None of these realities take away the status or rank of these Imams and this is because none of the Imams had all of the knowledge pertaining to the deen. (Summarised from Zahid al-Kawthari al-Hanafi’s Ahqaq al-Haq pg.22)

It is well known and famous about Imam Malik that whenever he did not know the ruling on an issue or topic i.e. he was unable to derive a ruling he would say I don’t know, (la adri). The two well-known scholars of the west, Imam Ibn Abdul Barr and Allaamah Shatibi opined that if all of these instances were collated and compiled it would amount to a short treatise. (al-Muwafiqat 4/288).

So when we know and accept and even the staunchest of the muqallideen or muqallids; and there is no one more deserving of this title than Zahid al-Kawthari al-Hanafi, that even he admits and accepts that the Imams did not have all the knowledge and they would clearly say “I don’t know” and then centuries later we are hell bent in trying to prove and establish the 4 Imams had enough knowledge to derive all the rulings even today. This is especially so when the modern world has thrown us more challenges.

Another important angle or aspect to consider; and this is again another pivotal point, how many books did each of the 4 respected Imams leave. What books did Imam Abu Haneefah leave on Fiqh? Is Fiqh ul-Akbar or Fiqh ul-Absat really his books and if so were they on Aqidah or Fiqh. Imam Malik left his Muwatta but is this a book of Hadeeth or is this a book of Fiqh?

How many did Imam Shafi and Imam Ahmad bin Hanbal leave, can it be argued his book al-Musnad is a book of Fiqh or Hadeeth. How accurate and correct would it be to include the issues i.e. the ‘al-Masails’ his sons and students compiled by asking him questions as part of the Hanbali madhab.

We have already mentioned for example Imam Abu Haneefah’s students who differed with him extensively but can we classify and add the books of his students within the rulings of Imam Abu Haneefah or the Hanafi madhab. For example Imam Shaybani’s al-Jami as-Saghir, al-Kabir, Kitab al-Asal and many more.

Similarly Qadhi Abu Yusufs ‘al-Amwal’ and what do we say about his book ‘Ikhtilaf Abi Haneefah Wa Ibn Abi Layla’ can such a book highlighting Ibn Abi Layla’s differences with Imam Abu Haneefah be classed and included in the books of the Hanafi madhab.

Furthermore, these Imams were indeed illustrious and pivotal in the derivation of issues of Fiqh but this alone was not sufficient as other sciences were not completed or were still on the early stages of formulation or progressive for example the sciences of Hadeeth, the biographical notes and science of praise and criticism. So therefore it is possible not all rulings were entirely accurate at the time they were made or they were made on weak narrations etc.

In addition to this not all knowledge is just contained in Fiqh but rather also in other sciences and the Scholars and their students were possibly not proficient in all the sciences. This is what the late Deobandi Hanafi scholar Anwar Shah Kashmiri said, “Whoever thinks all the knowledge is contained within Fiqh and there is nothing outside of it, then he is far away from the truth.” (Faidh al-Bari 2/10).

So in light of this when we know there were many differences between the scholars and the scholars themselves admit to not knowing all the answers to some of the issues and when we know that not all the knowledge was contained just in Fiqh. How is it possible or feasible to hold on to a particular madhab or to say all the rulings contained within a madhab are correct and worthy to be followed.

Another interesting point here and it is to be noted very well, that when the madhab of Imam Abu Haneefah was formulated, which was the first madhab and this students who differed with him in numerous issues contributed to the madhab, then if this was the case why was there a need for other madhabs to be established.

In addition to the four main madhabs we also had the madhab of Imam Laith Ibn Sa’ad, Imam Awzai, Imam Sufyan at-Thawri and Imam Sufyan ibn Uyaynah, why were all of these madhabs formulated if they are also doing the same thing is deriving and establishing rulings from the book and Sunnah.

We have also previously mentioned what does a madhab actually entail, whose madhab is a madhab? Let’s take the Hanafi madhab for example. The rulings that we have in the Hanafi madhab, whose rulings are they exactly?

The people claim they are following the Hanafi madhab however the rulings and their derivation was not carried out by a single person say for instance only Imam Abu Haneefah but Imam Shaybani, Qadhi Abu Yusuf and Shaikh Zafar also contributed, in fact the common understanding is that a committee of 40 scholars was set up and they all collectively contributed towards the formulation and derivation of the legal rulings and edicts.

Allamah Shami for instance says the Hanafi madhab issued a fatwa 17 times based on the statement and derivation of Shaikh Zafar in opposition to the statements, derivation and ijtihad of Imam Abu Haneefah, Imam Shaybani and Qadhi Abu Yusuf. (Refer to Shami 1/71)

Did not the Hanafi madhab abandon the established position of the madhab in certain issues, for example the issue of the lack of information of the lost husband in which the Hanafi madhab issued a ruling based on the Maliki madhab and at times the Hanafi madhab left their own madhab for the statement and ijtihad of Ibn Abi Layla.

It is also know that Imam Abu Haneefah very clearly said, “It is unlawful for anyone to give a fatwa based on my statement if they do not know my evidence.” (Meezan al-Kubra 1/58, Rasm al-Mufti 1/29,32)

Abu Laith Samarqandi Hanafi cites that Qadhi Abu Yusuf and Shaikh Zafar also said the same, i.e. “It is not halal for anyone to give a fatwa based on our statements if they do not know where we got this from (i.e. the evidence)” (Fatawa an-Nawazil pg.381)

The Imam himself, Abu Haneefah said, “It is unlawful for a person to issue a verdict based on my statement if he does not know my evidence.” (al-Mizaan al-Kubra 1/58 of Sha’arani) Therefore when the evidence becomes known, how is this taqlid???

For example Qadhi Abu Yusuf once bathed in such a bath area and led the Friday prayer, later he found out the well water was supplied from, had a dead mouse in it, upon this he said, “So we take the statement of our brothers from the people of Madinah that when the water is equal to 2 qullas it is not impure.” (Fatawa al-Bazaziyyah cited from Hujjatullah al-Balighah 1/159 of Shaikh Shah Waliullah Dehalwi)

Some of the eminent Hanafi personalities have differed with this. For example 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)

Allamah Tahawi Hanafi also discusses this and brings the statement of Shaikh Kamal who 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)

So even if an individual wanted to do Taqlid and the evidence came to him according to some of the statements and principles outlined above, he will still be sinful and liable for punishment. How fair and sane is this? Is this not pushing people away from following the Quran and the Sunnah.

This obligation of following the book and the Sunnah is a great obligation which has been ordained and commanded in the Quraan. It is also in the core aspect and root of a Muslim to follow the Quran and the Sunnah but here any such chances and options are severed by saying the people are sinning and are likely to be punished.

So it is not sufficient to rely alone on the derivation and interpretation of a madhab and this more so applicable for current day issues. This is why the Deobandi Hanafi scholar Muhammad Yusuf Binnouri said (about his Fiqh), “Without doubt with regards to the situations encountered and faced in the current day, they cannot be resolved and answered according to our old Fiqh.” (refer to the monthly journal Bayyinat vol.3 issue.35)

We guess the question here is, why is this just limited to the 4 madhabs and not to other scholars. This is essentially one of the main problems, derivation of Fiqh has been restricted and constricted to just 4 madhabs and then on top of that even those rulings are ambigious, as no one is sure whose ijtihad it is.

Imam Dhahabi 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 muta’assab (i.e. bigoted)” (Siyar A’lam an-Nabula 14/491)

We have already mentioned it is not possible for us to know all the evidence the Imams used to issue their verdicts, it’s not a case of understanding the evidences or trying to delve into them. It is however important to know there are appropriate evidences from the Quran and Sunnah to support such or any ijtihad.

The late Hanafi scholar, Muhamamd Hashim Sindhi said, “It is not established from a single person from amongst the Muqallideen who has claimed that our imams had evidence for every issue. Nor do they have an answer for the contradictory issues and we are not aware of this.” (Dhab Dhababat ad-Dirasaat 1/281)

As already also mentioned Muhammad Hussain Kawthari Hanafi (Zahid al-Kawthari) also said something similar in his own words in his book Ahqaq al-Haq. Dear readers does this not show us, based on the numerous statement quoted above that the Imams did not know or had all the evidences for all of their rulings and ijtihad?

So how fair would it be to say that they derived rulings from the Quran and Sunnah when some of the Imams themselves did not know or did not have all evidences for every ruling.

Another example of this is what relates from the well-known and famous student of Qadhi Abu Yusuf, i.e. Asaam bin Yusuf al-Balkhi. He would differ with Imam Abu Haneefah on a numerous issues. In the issue of Raf ul-Yadain i.e. the raising of the hands, not only did he differ with Abu Haneefah but also with Qadhi Abu Yusuf and adopted the way of the scholars of Hadeeth (i.e. raising the hands).

When he was asked as to why he differed with the position of Imam Abu Haneefah, he replied we don’t have the depth of knowledge and great insight Imam Abu Haneefah had but we do not have the courage to issue verdicts and adopt positions based on a statement which we do not know the evidence for. (Refer to Iqaaz al-Humam pg.51-52, al-Bahr ur-Raiq 6/293 and Hujjatullah al-Balighah 1/178, Refer also to Fawaid al-Bahiyyah of Lucknowi)

This lead to certain scholars, Imam Ghazali being one of them, to opine that Shaikh Muhammad Shaybani and Qadhi Abu Yusuf differed with Imam Abu Haneefah in 2/3 of his fatwas and rulings i.e. ijtihad. Then the later scholars of the same madhab differed with these rulings of the madhab and the earlier Imams.

Hence when they would issue fatwas or verdicts they would say the fatwa is based on the statement of so and so i.e. other scholars within the madhab or they would say the fatwa of such and such or so and so has precedence or acceptance in the madhab.

It is apparent these changes, within the madhab would and could only come about based on the evidence the later scholars would present. So when there are such strong and powerful inter differences within a madhab and these differences and complications are accentuated between madhabs and then they have own their inter differences, what guarantee is there with regards to the accuracy and preciseness of the legal rulings and fatawa being disseminated from a madhab or the different madhabs, or being derived accurately from the Quran and Sunnah.

Therefore why not take the safer and more accurate – tried and tested method of just asking the people of knowledge who will give you and evidence and you just follow that. If and when something different comes then accept and change according to the evidence. This method is fool proof and this was the method employed during the first three blessed generations.

Shaikh Izz ud deen Ibn Abdus Salam said, “There is great amazement at the blind following (Muqallid) jurists (fuqaha) who know the weak sources of their imams which they cannot 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)

Allamah Muhammad Hayat Sindhi who was declared to be a Hanafi according to the Muqallideen Ahnaf, he said, “You will see the Muqallideen that they will read the books of Hadeeth, consult them and also deliver lessons on them and this is not that they want to act upon them but only to learn about the evidences of their imam and to explain away the ahadeeth which oppose their Imam. And in doing these ta’weel at they go beyond bounds and exaggerate and when they even fall short in this or are unable to keep this up they say our imam knows more than us.” (Tuhfatul An’aam pg.16) and Allamah Fulani also cites this about the Muqallideen in his masterpiece Iqaz al-Humam pg.71)

We know all of the above restricts and prohibits a person from following and acting upon the Sunnah and therefore we should have the utmost fervour and zealousness to act upon the hadeeth.

Shaikh Sha’arani said, “Some of the muqallideen said to me if we come across a hadeeth from Bukhari or Muslim that our Imam never used or acted upon then we also will not act upon them. This is ignorance of the Shariah and the first person who will free himself from these people will be their Imam.” (al-Mizan al-Kubra 1/10)

It is such thoughts that have led the Muslims to be chained endlessly in the shackles of taqlid. Some of the scholars knew who the truth was with (i.e. in other madhabs) but because they were forced and obligated to follow their own madhab, this eventually led them to rejecting the truth.

For example the eminent Deobandi Hanafi Scholar Mahmood al-Hasan said about the issue of 2 departing parties of a transaction that, “The truth and the precdented opinion in this issue is with Imam Shafi but because we are muqallids, the taqlid of our Imam, Abu Haneefah is obligatory upon us.” (Taqrir Tirmidhi pg.39)

So we ask, is this not denying and rejecting the truth knowingly; when an individual himself admits and knows what the truth is. The truth is that the later day muqallids are also aware of what the truth is. However they are chained and restricted by these shackles and in this era they cause confusion and attempt to deny taqlid shaksi whereas in reality this is what they really believe in.

Else how is it possible for a scholar who knows the truth but yet he still continues to deny and reject the truth and traverses in his blind taqlid of his Imam. It must also be said, the scholars who derived rulings did so based on the general need and not due to the principles and rules of a madhab. They all had their specific principles and if this is the case then this what the non muqallideen and non-madhabi scholars have done and still do.

For example Shaikh Shihab ud deen Hanafi said, “Every single one of them had their own unique principles (Usool) in which they differed and opposed the principles of Abu Haneefah.” (an-Naf’e Kabir pg.99)

So this shows even though most of the scholars of that era had their own usool and made their own ijtihad, it does not indicate they concurred and secondly how is this even an argument for taqlid and madhabs.

On the contrary this shows their open mindedness with regards to ijtihad. Lastly, since they had their own usools and therefore by default their ijtihad was independent. So it would be safe to say this is totally different to what is being propagated today.

However how about all the occasions in which the scholars within the same madhab differed with the official verdict of the madhab after they did their ijtihad or derivations. It is very strange here that all the differences, contradictions and oppositions within the madhabs have been overlooked and overshadowed.

So let’s look at another example of how the scholars derived these rulings and what principles they had. It is well known and there is Ijma that the most authentic book after the book of Allaah is The Sahih of Imam al-Bukhari and then the Sahih of Imam Muslim.

So when we know a hadeeth is in these books it is taken and readily accepted. We also know the hadeeth is from the Messenger of Allaah (ﷺ) and this is a well-known, established and an agreed upon principle. All the scholars of Islam and the scholars of usool are agreed the ahadeeth of the Sahihain have precedence and acceptance.

However the ninth century hanafi scholar Allamah Ibn Humam and his student Ibn Amir al-Haj differed with this principle and understanding and said the readiness to accept was incorrect. (Refer to their Fath ul-Qadir 1/317-318, 3/183 and at-Taqrir at-Tahrir Fi Sharh Kitab at-Tahrir 3/30).

The later day hanafis from the likes of Shaikh Abdul Haq Hanafi Dehlawi also expounded on this in there eras and said that such principles and concepts are good for the hanafi madhab as well as the other madhabs. He explained this is because it readily prohibits and halts the acceptance of hadeeth which contradicts and oppose the hanafi madhab. (Refer to Sharh Safar as-Sa’adat pg.15)

Allamah Jaza’airi (in his Taujeeh an-Nazar pg.120) has severely refuted and reprimanded this idea and said it was from whims and desires and that accepting the narrations from the sahihain is a well-established principles which is solid and only those with desires reject this.

The latter day Hanafi Scholar, Shaikh Abdul Hayy Lucknowi has also rebuked the hanafi elders and said accepting narrations from the Sahihain is the way of the Muhaditheen and in fact there is ijma upon this. Only Ibn Humam and Ibn Amir al-Haj and their followers have opposed this. (al-Ajwabah al-Fadhilah pg.56). However these corrections are overlooked and ignored.

So the point here is, how would it be possible to derive the rules and issue fatwa fairly and accurately to the best of the mujtahids ability when this is the affair and situation of the principles and usool. Surely the fatawa would have been biased and void of authentic texts and in the bigger picture how reliable would the fatawa be. In addition to this we would be expected to follow this forever until the rest of our lives as being muqallids we don’t have the choice to ask, let alone question.

Why are these opinions and positions not mentioned within the madhab. So we should be fair and mention alongside with the scholars deriving rulings within a madhab then at the same time they have also differed and at times severely at that. A prime example of this is the swearing to the Messenger of Allaah (ﷺ) and we have cited this in question no.4

By the two who are in need of the Mercy of his Lord
May Allah forgive us. Ameen

Abu Hibban & Abu Khuzaimah Ansaari
Shaban 1435 / June 2014

Source & PDF: http://www.salafiri.com/the-evil-conseq ... -complete/
The Prophet ﷺ said:

“Make things easy and do not make things difficult. Give glad tidings and do not repel people..”

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AbuKhuzaimahAnsari
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Re: Okay the scholars state that the laypeople can take a ruling without understanding the reasoning behind it ........

Postby AbuKhuzaimahAnsari » Sat Nov 12, 2016 12:51 pm

Imam Ibn Qayyim said,
"Knowledge is a realisation of the guidance with its PROOF; that and blind following are not equal." (Qasidah nuniyyah)

Imam Shafi said,
"It is not permissible for anyone to ever say about anything that it is halal or haram except upon ilm. this ilm is what is related in the book or the sunnah or ijma or qiyas. (al-Risalah p.39)

Imam Shatibi said,
"The muqallid is not a scholar." (al-Muwafiqat 4:293)

Imam Fulanai said,
"So these ahadith and reports clearly show that the word knowledge refers only to what is in Allahs book and in the sunnah of the Messenger Sallalahu Alayhi Wasallam, the ijma and what is gained by Qiyas upon these sources, when a text cannot be found, in the view of those who hold that. It does not refer to what the blind followers and people of bigotry regard as knowledge, as they restrict knowledge to refer to that which is written in books of the opinions of the madhabs, even though some of them clash with the Prophetic ahadith." (Iqaz al-Humam Ulil Absar p.25)

NOTE
let the muqallid get excited by the reading the word Qiyas which was often interchanged with the understanding of Ijtihad, refer to Imam shafi's al-Risalah
.

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