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Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

The Ninth Daleel

Madh’hab As-sahaabiy

Its meaning:

Al-Madh’hab linguistically means: At-Tareeq (the way/path).

In the Istilaah (terminological convention) of the scholars of Usool it means: The path that the Mujtahid follows (or treads) in the Istinbaat (deduction) of the Ahkaam Ash-Shar’iyah from its Adillah At-Tafseeliyah (detailed evidences).

It is used to describe the host of Ahkaam that the Mujtahid deduced like the Madh’hab of Ash-Shaafi’iy, the Madh’hab of Abu Haneefah, the Madh’hab Al-Maalikiy, the Madh’hab Al-Hanbaliy and the Madh’hab of Ibn Hazm amongst others.

The Sahaabiy in the view of the majority of the ‘Ulamaa of Usool is: The one who witnessed the Nabi (saw), believed in him and accompanied him for a period long enough for the word Saahib (companion) to be attributed to him in accordance to custom. So for example this would include the four rightly guided Khulafaa’, Abdullah Ibn Mas’oud, Abdullah Ibn ‘Abbaas and other Sahaabah who believed in him (saw), supported him, heard from him and were guided by his guidance (Radiy Allahu ‘Anhum Jamee’an).

Consequently, the meaning of Madh’hab As-Sahaabiy is:

It is the host of Ahkaam that the Sahaabiy deduced where he passed verdicts with these Ahkaam and judged in accordance to them. Some of the transmitters from the Taabi’een and the Taabi’ At-Taabi’een were concerned with such narrations and recording them whilst some recorded them alongside the Sunan of the Messenger of Allah (saw).

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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