[Slideshare] fiqh-course(sept-2012-batch)-#5-adab followgmadzhab(20-oct-2012)

IN THE NAME OF ALLAH,
MOST COMPASSIONATE,
MOST MERCIFUL. “INTRODUCTION TO THE
STUDY OF FIQH ”
Intermediate Level Islamic course in English for Adults
conducted by Ustaz Zhulkeflee Hj Ismail

LESSON # 5 –

ADAB IN FOLLOWING
A MADZHAB
And say: O Lord! Increase for me my knowledge

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

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

All Rights Reserved © Zhulkeflee Hj Ismail (2012)
) UPDATED – 18 OCTOBER 2012

“O ye who believe! Obey Allah and obey the
Messenger and those charged with authority
from among you (ulil-’amri min-kum).”

(Qur’an: An-Nisa’: 4: 59)

All Rights Reserved© Zhulkeflee Hj Ismail (2012)

“... Ask from those who possess the Message
(az-Zikr : the remembrance) in matters which
you do not know.“

(Qur’an: al-Nahlu: 16: 43)


“Nor should the Believers all go forth together:
if a contingent from every expedition remained
behind, they could devote themselves to studies
in religion (faqih fid-deen) and admonish the
people when they return to them ― that thus
they (may learn) to guard themselves

(against evil).”

(Qur’an: Taubah: 9: 122)


“Allah will raise up, to (suitable) ranks (and degrees), those
of you who believe and who have been granted Knowledge :
and Allah is well-acquainted with all that ye do.“

(Qur’an: Mujadilah: 58: 11)


“(Honour) My successors, may Allah s.w.t. be Merciful towards
them!.” He was asked: “Who are your successors O Messenger
of Allah?” And he said: “They are those who revive my Sunnah
and teaches them to the servants of Allah.”

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


“(‘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) indication regarding them in the Qur’an nor in the Sunnah
from you regarding them (regarding its ruling)?’
(The Prophet s.a.w.) he said: “You are to gather together the learned
(‘ulama) amongst them” – or he may have said “The worshippers
(‘abideen ) from amongst the Believers” – “Convene with them shura
(mutual consultations to derive a collective decision) in regard to
religious rulings. Do not decide based upon (idea or knowledge of) only
one (singular) person’s thought.”
(Hadith reported by Ibnu Abdil Barr)


“If anyone contends with the Messenger even after

guidance has been plainly conveyed to him, and follows

a path other than that becoming to men to Faith, We
shall leave him in the path he has chosen, and land him in
Hell, what an evil refuge.”



“Thus have We made of you an Ummah justly balanced
that ye might be witnesses over the nations and the
Messenger a witness over yourselves.”

(Qur’an: Baqarah: 2: 143)


“My ummah (community) will never agree

upon matters which are erroneous”

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


"Verily Allah does not remove knowledge from the (hearts of
the) people, rather he takes away knowledge by taking away
its people (the true scholars – ‘ULAMA), until there are no more
scholars, the people then take leaders that are ignorant, and
when they are asked, and give fatwas – religious rulings, (they
give) without knowledge, so they misguide and are misguided.“

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


“When a trust (AMANAH)is neglected,

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

Somebody ask:

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

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

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

then wait for its time (of destruction).”

(Hadith reported by Bukhary)


“If ye differ in anything among yourselves, refer it to Allah and
His Messenger * if ye do believe in Allah and the Last Day: that
is best, and most suitable for final determination.”



IMPORTANT CLARIFICATION

* This , (refer it to Allah and His Messenger *) is especially
referring to the Islamic scholars and jurists (mujtahid), who are
competent to refer back to these two primary sources – not just
any one.

 The general Muslims must rely upon those jurists and scholars
(mujtahid of a madzhab) decisions by Taqlid.

 Differences of opinions amongst madzaahib termed
“khilafiyyah ” are to be respected with Adab which is expected of
Muslim students towards all our Islamic teachers and scholars
(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 “ TAQLID” as :

“Accepting the view of someone (who is a qualified jurist – termed :
FAQIH / MUJTAHID) without a proof”

(qabuu-lu qaw-lil-ghayr min ghay-ri -Hujjah).”1

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 ‘ FAQIH’ - one
who are competent to do “IJTIHAD “ also called
“MUJTAHID”) , are the ordinary Muslim (still technically
regarded as a “MUQOLLID” ) , it is obligatory to “TAQLID” to
opinions of a MUJTAHID.


From “Ja-ha-da” – to strive; effort;
exertion, endeavour, labour, etc.


 In Islamic legal theory, scholastic method referred to as “ IJTIHAD”
means simply, ‘exertion’,

 Religiously speaking, it refers to a competent jurist ( FAQIH)
“expending every possible effort to examine” the textual evidences,
so as to arrive at a ruling of the Sacred Law.


 The point here is that “IJTIHAD is not just one of scholarly
exertion, but of exhaustion.” Fathoming the intent of the
Lawgiver, and inferring new rulings from the primary sources
extensively - so as to reach a sound legal conclusion - is indeed a
most arduous and demanding task not for just any or everyone.


 In Islamic legal theory, such a scholar is called “ MUJTAHID”
– and has many levels, those of the highest category, whose
juristic methods and decisions are widely followed termed –
“MUJTAHID MUTLAQ ” – became as a school of jurisprudence
called “MADZHAB” or “MADZAAHIB”(plural).


 The well-known MADZAAHIB that survived are :
[1] JA’FARI – Imam Ja’far ibn Muhammad as-Sodiq
[2] HANAFI – Imam Abu Hanifah Nu’man ibn Tsabit
[3] MALIKI – Imam Malik bin Anas
[4] SHAFI-’IE – Imam Muhammad Idris as-Shafi-’ie
[5] HANBALI – Imam Ahmad bin Hanbal


 Imam al-Qurtubi rhm. says: “No difference exists among the
scholars that, the laymen are to perform taqlid of their scholars
(MUJJTAHID).” *

 Ibn Qudamah explicitly states: “As far as taqlid in the details of
the Sacred Law (FURU‘) is concerned, it is allowed by consensus
(IJMA’).”+

* 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, Imam al-Shanqiti rhm.wrote:

“The prescribed taqlid, which none of the Muslims contest, is the
layman’s performing taqlid of a scholar qualified to issue fatwa on
various matters. This type of taqlid was in vogue during the time of the
Prophet, peace be upon him, and there was no contention about it. The
layman asked whosoever he wished from the Companions of the
Prophet, may Allah be pleased with them, about the ruling for a given

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

* Adwa’ al-Bayån, 7:318


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


IJTIHAD

– 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.”


REQUIREMENT
 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 (Asbab-al-Nuzul), the
eloquence, the commentaries etc.;


REQUIREMENT
[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.;


REQUIREMENT
[C] He must know the principles of Ijma’ (scholarly consensus)
very well;

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


OTHER IMPORTANT CRITERIA
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.



 (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.


AL-MUJTAHID FI - AL-SHARI-’AH

– These were those who did ijtihad in the matter of Shari’ah
amongst the companions of the Prophet till the third century
of Islam.

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


AL-MUJTAHID FI - AL-MADZHAB
– these are those who did ijtihad after the companion (Sahabi) era
and later found schools of jurisprudence. There are today 5 main
surviving schools of Jurisprudence, viz. Ja’fari, Maliki, Hanafi,
Shafi’ie and Hanbali



AL-MUJTAHID FI - AL-MASAA-IL

– these are those who follow them (mujtahid fi-al-Madzhab ) i.e. the
present day mujtahidun who give Fatwa (or Juristic opinions) on
religious matters when required.



AL-QUR’AN The Revealed Book

AS-SUNNAH The Way of the Prophet

IJMA’ Consensus

QIYAS 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 Istishab

deduction by logic and reasoning; and relying on presumption;
continuation of a rule for a certain situation in a circumstance
where it is not known whether or not the original situation still
exists

Rosuulihi”.
there are more ....


Istihsan

preference

Maslahah al-mursalah

for public interest

Rosuulihi”.
there are more ....


al-‘Urf
Customs or norms

Sadd-uz-zara-’i

“closing the door of mischief”

Rosuulihi”.
there are more ....


‘Amal ahl-al-madinah

“practices of the people of Madinah”

Ash-shar’u manqablana
the path traversed by those before us – i.e. the jurists (mujtahidun)

Rosuulihi”.
there are more ....


‘Madzhab Sahaabiy

opinions of Companions of the Prophet

Rosuulihi”.
there are more ....


“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


Some people carelessly argues:
 “Taqlid is haram (forbidden)”
 “Following Madzhab is Bid’ah (innovation) ! ”
 “I want to follow only the Madzhab of the Prophet s.a.w. ! ”
 “Don’t follow Madzhab, we must all follow only the Qur’an
and Sunnah ! ”
 “There is no priesthood in Islam, so why must we obey the
‘ulama’. After all each one of us can now easily access the
Allow me to respond and clarify..
Qur’an and Ahadith ! ” etc.


“Is Taqlid haram (forbidden)” ? #1

 Taqlid is in fact “wajib” (obligatory) for every Muslim who are non-
Mujtahid.
 This has been the consensus (ijma’ ) of Islamic scholars since the
Prophet’s time – to follow those who are the learned, and the Qur’anic
basis are many viz:



Mujtahid.
basis are many viz:

“ask of those who possess the Message,
in matters which you do not know.”
(Qur’an: An-Nahlu: 16:43)



Mujtahid.
basis are many viz:

“Allah will raise up, to (suitable) ranks (and degrees), those of
you who believe and who have been granted Knowledge”
(Qur’an: Mujadilah: 58: 11)



Mujtahid.
basis are many viz:

“O ye who believe! Obey Allah and obey the Messenger
and those charged with authority among you”



 Study in the lives of the Khulafa’ Rashidun, Ibn Mas’ud, Mu’adz, Ibn
‘Abbas, Ibn ‘Umar, A’ishah, Umm Salamah, etc. show that they not only
convey Ahadith, but also give “iftah” religious rulings on certain
matters.

 This is where Madzhab has its beginnings – i.e. during the Prophet’s
time – “Madzhab Sahaby” (juristic opinions of the Companions). And
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 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
remembrance) in matters which you do not know.“

(Qur’an: al-Nahlu: 16: 43)

WaAllaahu a’lam

“Is following Madzhab a Bid’ah (innovation) ? ” #2
 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.


 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). Here, then the argument in fact
supports that following “madzhab ” is not a “Bid’ah ” but rather is
actually a “Sunnah ”.


 As to the concern of varieties of views, yes, there were already
“ikhtilaaf ” (differences) in the opinions amongst the companions
themselves, although few, but it was wisely tolerated by the Prophet
s.a.w. himself even during that period, 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.


“Why must we follow Madzhab when we can go #3
to the Qur’an and Ahadith ourselves ? ”
 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.


 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.


 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.


“Would not following Madzhab a form of sectarianism #4
like the denominations of the Christian churches ? ”
 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.


 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.


 No! Madzaahib in Islam is not the same as ‘denomination’ or ‘sects’
as in Christianity because:

[3] All Muslims is 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
excusive authority, and are unquestionably followed by the ordinary
congregation.

WaAllaahu a’lam


“Must we follow only one Madzhab? Can we not move #5
to the opinion of other Madzaahib ?”
 Every one 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.


 Because, there are difference 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’.


 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


DISTRIBUTARIES

MAIN RIVER SOURCE


 All distributaries emanates from the main river source.
 The nearer it is to the source, the purer will be the water.
 None of the distributaries alone can claim to represent the
entire main river, yet as long as they are connected to the
main source, they are all part of the river system (no
doubt).


 It may even merge into one another. Or some may
completely disappear from the earth’s surface. Or pure
water from the sky may be added to it.
 Each distributaries could also be affected by the soil upon
which it flows through, or impurities may have been
thrown into them, or other pollutants inadvertently
introduced as when irrigation or dam have to be
constructed etc..

 Thus, the concern is for users of each distributaries to be
cautious when drinking from it, lest it may be harmful,
although one has to still drink from it- or else die from thirst.


 To deprive any one 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.


 Similarly foolish is to argue “my distributaries is better
than your distributaries” when both actually possesses
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 advises of the medical experts amongst them as
well as from the “water authority”.

WaAllaahu a’lam.


REMEMBER THIS IMPORTANT COMMAND

“O ye who believe! if you are conscious of and fear Allah
(TAQWA), He will grant you a criterion (FURQAN-to judge
between right and wrong), remove from you (all) evil (that may
afflict) you, and forgive you: for Allah is the Lord of grace
unbounded.”
(Qur’an: Anfaal: 8: 29)


IMPORTANT DU’A

ALLAA-HUM-MA – ARI-NAL-HAQ-QA - HAQ-QAN
WAR- ZUQ-NAT - TI-BAA- ’A
WA-ARI-NAL – BAA-TWILA – BAA-TWI-LAAN
WAR-ZUQ-NAJ – TI –NAA - BAH

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


All welcome to visit my web-blog:

http://an-naseehah.blogspot.com/
http://introductiontotauhid.blogspot.com/
http://oyoubelievers.blogspot.com/
http://al-amthaal.blogspot.com/
http://zhulkeflee-archive.blogspot.com/
http://criteriaforaholybook-quran.blogspot.com/
http://with-the-truthful.blogspot.com/
http ://muqaddam-nurul.blogspot.com/


[Slideshare] fiqh-course(sept-2012-batch)-#5-adab followgmadzhab(20-oct-2012)

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