The Evolution Of Fiqh by Bilal Philips

Because of the care which the great Imaams took in warning their Students away from blind initation, those early scholars never hesitated to reject what the Imaams taught when new Hadeeths became available. Abu Yoosuf and Muhammad ibn al-Hasan differed from their teacher Abu Haneefah in about one third of the rulings of their Madh-hab,213 and similarly, al-Muzanee and the others differed from their teacher rash-Shaafi’ee on many rulings.

The above mentioned quotations were only a few of the many sayings of the Four Imaams and their students in which they demanded strict adherence to the Hadeeths and prohibited the blind imitation of their opinions, may Allaah be pleased with them. Their statements are perfectly clear and leave no room for misinterpretation or apologetic explanations. Therefore, whoever adheres to the Sunnah, even if he finds himself in conflict with some of the opinions of the Imaam of his Madh-hab will not be opposed to the spirit of that Madh-habs simultaneously with a firm grip “on the rope of Allaah”. Conversely, to discard certain reliable Hadeeths simply because they contradict some of the opinions of the Imaams, is to be in total opposition to the position taken by the Imaams themselves. Moreover, the rejection of reliable Hadeeths is in opposition to Allaah and His messenger214 as is evident in Allaah’s statement in the Qur’aan to His Prophet (s.w.),

For example, Imaam Muhammad ibn al-Hasan in his narration of Imaam Maalik’s book, al-Muwatta, contradicted his teacher Imaam Abu Haneefah in about 20 different rulings. Among them was the following case in which Imaam Muhammad said, “Abu Haneefah did not feel that there was any ordained Salaah (prayer) for Istisqaa, 216 but in my opinion, the Imaam should lead the people in two units of Salaah, (for Istisqaa) make a Du’aa217 and reverse his cloak,”218 Another example is that of the inheritance of the grandfather if the father of the dead person is also dead. Abu Yoosuf and Muhammad both rejected Abu Haneefah’s position and joined the position of the other three Imaams, giving the grandfather a sixth of the inheritance which would have gone to the father were he alive.

‘Isaam Ibn Yoosuf al-Balakhee, who was a student of Imaam Muhammad ibn al-Hasan and a close follower of Abu Yoosuf, used to make a lot of rulings which differed from those of Abu Haneefah and his two companions, because the latter were not aware of certain evidence which later became available to him.219 For example, he used to raise his hands before and after Rukoo’ (bowing in Salaah),220as described in authentic Hadeeths by host of Sahaabah, even though the three main Imaams of his Madh-hab ruled otherwise.

Allaah also went on to warn those who reject the Sunnah of His Prophet (s.w.), saying,

Nevertheless, the prohibition of Taqleed does not mean that everyone must return to the sources before doing anything and it does not mean that all the work of the earlier scholars should be rejected or neglected, for that would be impractical and in most cases impossible. It does, however, mean that those who have sufficient knowledge of the various branches of Islamic sciences should not hesitate to took at the sources as well as the opinions of all the scholars, regardless of their Madh-hab. A scholar should be openminded in his search for knowledge otherwise his rulings are likely to be biased and sectarian. Let us not forget that even in searching through the sources he is obliged to rely on the great works of the earlier scholars in one way or another. In Fiqh, totally independent thought is impossible and efforts to achieve it undesirable, as it tends to lead to deviation and heresy. On any particular issue the true scholar is likely to either follow a ruling of one or another of the early scholars, or deduce his ruling from one of their deductions. In so dong, he will be following one of the early Imaams directly or indirectly. However, this form of following is not to be considered Taqleed, (blind rigid imitation), which we have shown was forbidden categorically by the Imaams. This form is called Ittibaa’ wherein reliable Hadeeths take precedence over all opinions, or as both Abu Haneefah and ash-Shaafi’ee said, “If the Hadeeth is found to be Saheeh, it is my Madh-hab”.

It is obvious that the great majority of Muslims will not be able to return to the sources, due to their lack of knowledge, and they will therefore be obliged to apply Ittibaa’ to the degree of their ability. Many can achieve an awareness of the relevant Hadeeths by asking questions concerning the basis for rulings given to them and reading the books of Hadeeth. No true scholar should be offended by such questions if politely worded. Similarly, if the masses are forced to seek answers from books, they should try to choose books, which mention explanations and proofs along with the various rulings, and books, which are not biased, or sectarian. If such books are not readily available, then they may still avoid Taqleed by not restricting themselves to the books of one Madh-hab. As long as they are prepared to follow the Sunnah, whenever it is presented to them, regardless of which Madh-hab it may be found in, they are in effect practicing Ittibaa’, not Taqleed.

1. Most Muslims are unaware of the fact that blind following of a Madh-hab (Taqleed is diametrically opposed to the position and teachings of the founders of the Madh-habs.

2. All of the Imaams and their students were on record as being opposed to the blind following of their opinions. Instead they repeatedly emphasized the importance of referring to the primary sources, the Qur’aan and the Sunnah, as the basis of legal rulings.

3. The Imaams and their students continuously emphasized the fact that their rulings were subject to error.

4. Authentic Hadeeths were given precedence by the Imaams over their own opinions. On the basis of authentic Hadeeths not available to the Imaams, their students later overruled several rulings previously made by the Imaams.

5. Giving preference to the opinion of a Madh-hab over an authentic Hadeeth borders on Shirk since preference contravenes the allegiance owed to Allaah and His chosed messenger.

6. All Muslims are repaired to follow with reason (Ittibaa’) the rulings of the early scholars in order to preserve the pristine purity of Islaam as revealed to the Prophet (s.w.) and conveyed to his companions.