The Best and Safest Stance a Muslim Should Take with Regards to Madh-habs

Islamic Online University

Bachelor of Arts in Islamic Studies

Fiqh 101 Assignment

Question: Madh-habs are basically characterized by differences of opinions more than they are characterized by uniformity and agreement and this is why we should not follow any madh-hab. Write a short essay in which you state the following:

1. Do you agree with the above statement or not

2. Definition of Madh-habs

3. Main reasons for the differences

4. The best and safest stance a Muslim should take with regards to Madh-habs

Answer:

Definition of Madh-hab

Madh-hab is the outcomes of the great imams' ijtihads, done at rulings or matters that are not specified in Quran or further explained in hadits. Just as what Ad-Dasuqi said on his hasyiah for Asy-Syarhul Kabir: “Madzhab Malik is a phrase to express all the law derived from ijtihad that becomes Imam Malik's opinion”¹

Main reasons for the differences

On Fatawa al-Lajnah ad-Daimah 5/28-29 No.3897 : The difference opinion of the madh-habs is the result of the differences on the imams knowledge and understanding². Difference knowledge is in the knowledge of hadits. Some Imams’ access to hadits was limited, while Imam Malik did not face this problem. Sometimes, the hadits even reached the Imams together with the cause, which of course will result to a better conclusions compared to if it did not come together with the cause.

The understanding could be different starting from the way the shahabah interpreted what Rasulullah did, some may think of it as ibadaah, some just consider it as mubah. In addition, in Arabic, a word can also have more than one meaning. Sometimes it is also different in the way it is taken, literally or figuratively. In addition, the mujtahids the Imams also had different approach on deducing the shariah.³

Madh-habs are basically characterized by differences of opinions more than they are characterized by uniformity and agreement?

Actually the statement is incorrect, the truth is, the Imams agreed on the principle of religion with the only difference lies on the sanad. Ibnu Taimiyah said: “The Aqidah of Imam Syafi’i and other scholars like Imam Abu Hanifah, (Imam) Malik, Ats-Tsaury, Al-Auzaa’i, Ibnu Mubarok, Ahmad Bin Hambal, Ishaq Bin Rohawaih, is the same aqidah with the masyaikh like Fudhail Bin ‘Iyaadh, Abu Sulaiman Ad-Daaraani, Sahl Bin Abdullah At-Tasturi. The truth is there’s no difference and contradiction between them in ushuluddin (aqidah). And their aqidah is of the shahabat and tabi’in, which is prescribed in Qur’an and Sunnah”⁴

The madh-habs differences are only in secondary juristic issues. In fact, Shaykh Muħammad Zāhid Al-Kawtharī maintains the great imams are basically agreed on at least two-thirds of the issues⁵.

So why is madh-hab characterized by differences of opinions become the truth nowadays? Indeed the ones that differ are the ones that have been altered from their (the Imams') sayings, from amongst those of the later generations (muta'akhirin) who ascribe to their madh-habs⁶.

The innovators from a madh-hab, will alter the teaching of the madh-habs to his follower. Ibnu Taimiyyah said: “And the majority of ahlulbid’ah ascribed to the imams what the imams didn't say. When they were asked to bring the evidence, their lies will be concealed⁷”. They leave the Imams’ teaching if it’s not match their desire, and teach what is suitable for them, and even add some new thoughts as they please. Imagine if ahlul bidah twisted teachings were blindly followed, and the later generations did some innovations as well. Of course each madh-habs would then differ vastly from each other.

We Should Not Follow Any Madh-Hab?

Syaikh Shalih Al-Fauzan said: “If a person has the ability to know the ruling from its proof, and to deduce the ruling from its proof, then it is not permitted for him to cling to a madh-hab. Rather, it is upon him to take the ruling from the evidence - if he has the ability to do so. For one who cannot, and this is the predominant case amongst the people, especially in these latter times. There is no harm in adopting one of the four madh-habs and making taqleed of one of them.⁸

So the statement is incorrect, Muslim should follow one madh-hab. If we deduce directly from the proof/evidence (Quran and Sunnah) by ourselves with lack of proper knowledge, we will go astray.

The Best and Safest Stance a Muslim Should Take With Regards To Madh-Habs

It is impossible for any madh-hab to be 100% correct, since the imams are not divinely guided like Rasulullah. Imam Malik confirmed this: “I am only human who could be right and could also be wrong, anyone should be critical on my ijtihads. If it is in accordance with Quran and Sunnah, then take it, if it's not, leave it.”⁹. How do we know which of the ijtihad is correct and which is the wrong one? How do we know which one to follow and which one to leave?

We should not lose our focus that the reason we adhere to any madh-hab is only to help us interpret the Quran and Sunnah. We take the imams' ijtihad, only because we are unable to do ijtihad by ourselves. So the best and safest stance for the Muslims is just as suggested by Syaikh Utsaimin, to study the madh-hab in the country they reside¹⁰.

Ibnu Taimiyyah said in Fatawa Al-Mishriyah : “If one follow certain imams, like Abu Hanifah, Malik, Syafii or Ahmad, then he sees in some matters another madh-hab is stronger and he follow that other madh-hab, this is a good thing, his religion won't be flawed. He is even in the truth and is more loved by Allah and Rasul compared to the one who is ta'ashub to other than Rasul.”¹¹ As soon as one understands the fiqh of madh-hab is his country, once he is knowledgeable enough, he should then observe the difference, and return it to the Quran and Sunnah to conclude which one is closest to the truth.

A Muslim should avoid blind taqleed and ta'ashub which could lead him to reject the truth. Imam Syafii said : “Whoever is taqleed to someone in ruling something as halal or haram, while there have been shahih hadits contradicting it, and taqleed block him from implementing sunnah, then he had taken that someone he is taqleed to as Rabb other than Allah. Ruling haram all that is halal by Allah, and ruling halal all that is haram by Allah. Innalillahi wa inna ilaihi raaji'uun”¹² We should keep in mind, that the only human we should blind follow is Rasulullah, where we take, and not further question any of his words. As for the madh-hab of the imams, is only as wasilah for us to understand the sharia.

Bibliography

Abbasi, Muhammad Ied. "Mengapa Memilih Syaikh Al-Albani?" MoslemsunnahWordpress.com. N.p., 7 Oct. 2009. Web. 05 Dec. 2013.

<http://moslemsunnah.wordpress.com/2009/10/07/mengapa-memilih-syaikh-al-albani/>.

Ahmad, Shoayb. The Development Of Islamic Jurisprudence (Fiqh) And Reasons For Juristic Disagreements Among Schools Of Law. Diss. University Of South Africa, 2005. Pretoria: UP, 2005. UNISA Institutional Repository. Web. 5 Dec. 2013. <http://uir.unisa.ac.za/bitstream/handle/10500/1520/dissertation.pdf>.

Al-Makki, Muhammad Sulthan Al-Ma'shumi. Haruskah Setiap Muslim Bermadzhab. [Hal Al-Muslim Mulzim bittibaa’ Mazhab mu’iin min al-Mazaahib Al-Arba’ah] 2nd ed. Jakarta Timur : Griya Ilmu, 2013. Print.

"Apakah Harus Berpegang Kepada Mazhab? Bagaimana Menyikapi Perbedaan Madzhab?" Salam Dakwah. N.p., 17 Oct. 2013. Web. 5 Dec. 2013. <http://salamdakwah.com/baca-pertanyaan/kegunaan-mazhab.html>.

"Guidelines Concerning Following Madhabs." IslamicAwakening.com. Trans. Abu Aaliyah. N.p., n.d. Web. 5 Dec. 2013. <http://www.islamicawakening.com/viewarticle.php?articleID=160>.

"Nasihat Para Imam Madzhab." Assalafiyyah. N.p., 3 July 2011. Web. 5 Dec. 2013. <http://abuyahya8211.wordpress.com/2011/07/03/nasehat-para-imam-mahzab/>.

Nur Baits, Ammi. "Haruskah Kita Bermadzhab?" Konsultasi Kesehatan Dan Tanya Jawab Pendidikan Islam. N.p., 10 Jan. 2013. Web. 5 Dec. 2013. <http://www.konsultasisyariah.com/haruskah-kita-bermadzhab/>.

"Prinsip-prinsip Imam Asy-Syafii Dalam Beragama." Blog Abu Umamah. N.p., 24 Mar. 2011. Web. 5 Dec. 2013. <http://abangdani.wordpress.com/2011/03/24/prinsip-prinsip-imam-asy-syafii-dalam-beragama-muqoddimah/>.

Taimiyyah, Ibnu. "A Principle Concerning Unity and Splitting - the Reason for This, and Their Resultant Effects." SunnahOnline.com. N.p., n.d. Web. 4 Dec. 2013. <http://sunnahonline.com/library/beliefs-and-methodology/78-a-principle-concerning-unity-and-splitting-the-reason-for-this-and-their-resultant-effects>.

Tuasikal, M. Abduh, M.Sc. "Kuasai Fikih Madzhab Syafi'i." RumayshoCom. N.p., 9 Feb. 2012. Web. 5 Dec. 2013. <http://rumaysho.com/faedah-ilmu/4239-kuasai-fikih-madzhab-syafii.html>.

1 Ammi Nur Baits, "Haruskah Kita Bermadzhab?," 10 Jan 2013, Konsultasi Kesehatan Dan Tanya Jawab Pendidikan Islam, 5 Dec. 2013

2 "Prinsip-prinsip Imam Asy-Syafii Dalam Beragama." Blog Abu Umamah. N.p., 24 Mar. 2011. Web. 5 Dec. 2013.

3 Shoayb Ahmad. The Development Of Islamic Jurisprudence (Fiqh) And Reasons For Juristic Disagreements Among Schools Of Law. Diss. University Of South Africa, 2005. Pretoria: UP, 2005. UNISA Institutional Repository. Web. 5 Dec. 2013 : 113-119

4 "Prinsip-prinsip Imam Asy-Syafii Dalam Beragama." Blog Abu Umamah. N.p., 24 Mar. 2011. Web. 5 Dec. 2013.

5 Shoayb Ahmad, 112*

6 Ibnu Taimiyyah. "A Principle Concerning Unity and Splitting - the Reason for This, and Their Resultant Effects." SunnahOnline.com. N.p., n.d. Web. 4 Dec. 2013.

7 "Prinsip-prinsip Imam Asy-Syafii Dalam Beragama." Blog Abu Umamah. N.p., 24 Mar. 2011. Web. 5 Dec. 2013.

8 M. Abduh Tuasikal M.Sc. "Kuasai Fikih Madzhab Syafi'i." Rumaysho.Com. N.p., 9 Feb. 2012. Web. 5 Dec. 2013.

9 "Nasihat Para Imam Madzhab." ASSALAFIYYAH. N.p., 3 July 2011. Web. 5 Dec. 2013.

10 Tuasikal, M. Abduh, M.Sc. "Kuasai Fikih Madzhab Syafi'i." RumayshoCom. N.p., 9 Feb. 2012. Web. 5 Dec. 2013.

11 27*

12 46*