Madinat al-Muslimeen Islamic Message Board
| Schools of law |
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| Tasnim |
| 12/29/01 at 01:22:17 |
| Salam, I'm a bit confused about the different schools of law. Wich do exist and where are the differences between them? Is it obligatory to join one? Aleikum assalam Tasnim |
| Re: Schools of law |
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| NewJehad |
| 12/29/01 at 06:29:52 |
| In Islam we only follow Allah. We find out what Allah wants of us from the Quran and Sunnah. Some verse like riba being harram, and jihad being farrad are clear and there is no disagreement about it. But some verses are not so clear, they can be open to interpretation. To keep the interpretations consestent ulimah produced rules which they call usul, as a guide to interpretate the verses. Some of the ulima who formulated these rules had tought others, their way of interpretating text over time came to be named after them. 4 sunni schools have survived. If you are not qulified to interpret the text on your own you have to follow some one who can. So you might follow the interpretation of that text by Ulimah of a school or some one of the present day. Most people prefer following schools. |
| Re: Schools of law |
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| se7en |
| 12/29/01 at 14:44:04 |
| as salaamu alaykum, We've had a little bit of a discussion on this before.. check out the threads [url=http://www.jannah.org/cgi-bin/yabb/YaBB.pl/YaBB.pl?board=madrasa&action=display&num=6058]here[/url] and [url=http://www.jannah.org/cgi-bin/yabb/YaBB.pl/YaBB.pl?board=madrasa&action=display&num=6060]here[/url]. :) Let us know your thoughts and if any of the above stuff doesn't make any sense :) wasalaam. |
| Re: Schools of law |
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| Tasnim |
| 12/30/01 at 02:32:26 |
| Dear 7, thanks you for the links. They were really usefull. but do you know a source where I can get more details? Thanks in advance Tasnim |
| Re: Schools of law |
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| assing |
| 12/31/01 at 12:34:03 |
| As salaamu alaykum, one of the best books available in English (if not the only like its kind) is the book "The evolution of fiqh" by Bilal Phillips [url]http://store.yahoo.com/islamicbookstore-com/b2445.html[/url] This should answer your questions about those schools such as how these schools of law started, how it developed and what is its relevance for muslim today especially those in the west. |
| NS |
| Re: Schools of law |
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| se7en |
| 01/02/02 at 03:40:47 |
| as salaamu alaykum, I've read the book brother Assing mentioned, I think it's good as an intro to the different schools, and to give you some background knowledge on their development and scholarship. Another book I've heard about, but have not read, is [url=http://store.yahoo.com/islamicbookstore-com/b6806.html]The Four Imams[/url] by Muhammad Abu Zahra. I hear it's *very* comprehensive and detailed. As for online resources.. hmm.. I don't know of any off hand that I would recommend. I'll look though :) take care! :) wasalaam |
| Re: Schools of law |
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| bhaloo |
| 01/02/02 at 09:53:40 |
| slm [quote] Another book I've heard about, but have not read, is The Four Imams by Muhammad Abu Zahra. I hear it's *very* comprehensive and detailed. [/quote] I ordered it last weekend, it should be coming here within a week, I'm looking forward to reading it, insha'Allah. |
| Re: Schools of law |
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| Marcie |
| 01/02/02 at 12:28:15 |
| As salamu alaykum I asked my hubby for that book as an Eid present for Eid Al Adha, so please let us know if it is good. As salamu alaykum Marcie |
| Re: Schools of law |
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| Tasnim |
| 01/03/02 at 03:48:22 |
| Assalam aleikum, thanks to all for your kind answers! Wassalam Tasnim |
| Re: Schools of law |
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| bhaloo |
| 01/12/02 at 12:28:14 |
| slm [quote] I asked my hubby for that book as an Eid present for Eid Al Adha, so please let us know if it is good. [/quote] Sorry I haven't had a chance to read the book, just skimmed it briefly, its in a very good print, and is pretty easy reading. A friend had asked me about the chapters in the book, and this was part of the email I had sent. The Four Imams by Muhammad Abu Zahra (I got it for about $42 from talkislam.com website) Malik ibn Anas - The life of malik ibn anas p.1 - Malik's great knowledge p.31 -Madina p.36 -A word about sects p.54 -Malik's fiqh p.66 -some of malik's students p.82 -the fundamental principles of malik's fiqh p.88 Abu Hanifa p.113 -the life and times of abu hanifa p.123 -the knowledge of abu hanifa and its sources p.156 -the age of abu hanifa p.176 -the opinions of abu hanifa 211 -the fiqh of abu hanifa p.228 Imam shafi p.257 -birth, lineage and life history p.261 -ash-shafii's knowledge and its sources p.273 -the times of ash-shafii p.287 -the opinions and fiqh of ash-shafii p.334 -the principles of ash-shafii p.359 Ahmad ibn Hanbal p.383 -the life of ahmad ibn hanbal p.391 - the erudition of ahmad ibn hanbal p.423 - ahmad's time and its effect on him p.436 - ibn hanbal's view p.446 - the hadiths and fiqh of ahmad p.458 - description of hanbali fiqh p.471 glossary 502. |
| NS |
| Re: Schools of law |
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| Anik |
| 01/14/02 at 01:32:38 |
| asalamu alaikum,, I find that people tend to see these four imam's views as the be all and end all of Islam... almost religious tenants... and they divide themselves as such... see, are there ways to research and find daleel on their opinions?... are other ulema not entitled to making up schools of law as well?... When I find something from another madhab that I like, people tell me, stick to only one, because its only the rght thing, so and so... But if they all follow the truth, and they are all right, why not go by what is right and what suits your understanding? For example, say I agree with Hanafi madhab on folding my arms fr standing in salah, but choose to make takbheer before ruku as in the (is it?) Shafi school, or pray a Shafi time and follow Imam Hanifa's opinion of marriage and so on, who's to say why its not right? If the Prophet SAW did it and so on, is it not right? Did he himself say follow only one madhab? Were these imams given any authroity to finalize Islamic law like this? Are their opinions all inter-related so that one point ties to another and thus madhabs cannot be broken into? Can they be wrong? Why should we blindly follow our madhab if we see a point that is valid for another one? I've heard people tell me we shouldn't pick and choose to make things easier. But hasn't Allah SWT given us the bounty of seeing the different RIGHT interpretations then? Is it wrong to question these four imams? Can someone start their own madhab if they run completely by Quran and Sunnah and hadith? Lots of questions on this from me :) Allah SWT forgive me Insha'Allah for being too inquisitive and if Ihave said anything wrong. aslaamu alaikum. abdullah,. |
| Re: Schools of law |
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| Tasnim |
| 01/14/02 at 01:54:40 |
| Salam aleikum, I myself prefer to follow my own way. Blind obidience and any kind of fanatism is not my thing.... Is it forbidden to accept some parts and deny other parts of the schools teachings? I hope not. Please correct me if I'm wrong! aleikum assalam Tasnim |
| Re: Schools of law |
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| se7en |
| 01/14/02 at 06:47:13 |
as salaamu alaykum wa rahmatAllah, This issue is really very complex. I think we need to look at both sides of the issue. On the one hand are those that agree with what Brother Abdullah has said - that no where in the teachings of the Qur'an or the sayings of Rasulullah [saw] are we taught to subscribe to a particular school of thought and follow it stringently. There is concern here that if a person *strigently* follows one school of thought, he/she will subscribe to its opinions no matter what - even if there are texts that show an opinion of a different school is more correct. Also here is the concern that the scholars of these schools of thought have turned into a sort of clergy. The clergy in the Christian tradition is a group of traditionally men that have the right to interpret the divine texts in the way they see fit, and their interpretation is acknowledged by the masses as authoritative and binding. Such is not our tradition; we have reverence for scholars and we have jurisprudential rulings, but what is authoritative is the textual evidence, and our own intellects do play a part in how we understand the deen. On the other hand, are those that say it is important (if not obligatory) to follow one particular school of thought. They call into question the danger of having unqualified people go to the Qur'an and the texts of Rasulullah [saw] and attempt to make interpretations without even basic knowledge of usul and fiqh. They also call into question the danger of picking and choosing from different madhabs, sort of 'shopping for fatawa' until you come to a combination that suits your passions, instead of abiding by what you think the soundest and most correct view is. For example; there is one opinion that says that a man can marry a woman without the consent of her wali; and there is another opinion that says a man can marry a woman without a public ceremony. Now if you combine these two 'legitimate' opinions, this means that a man can marry a woman in secret, without the consent of her family. Obviously, that's something wack and unacceptable, but *technically* it may seem okay. This is just an example of why some say it is important to follow one particular path or method. Because it's way too easy to lose sense of the spirit of the law if you play around with the letter of it. I don't want to get into a detailed discussion on this. I just wanted to mention that I think both sides have legitimate concerns about the other. wAllahu a'lam. wasalaamu alaykum wa rahmatAllah |
| Re: Schools of law |
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| eleanor |
| 01/14/02 at 07:01:39 |
| slm [quote] Allah SWT forgive me Insha'Allah for being too inquisitive.[/quote] Dear Brother Abdullah :) Please continue to be as inquisitive as you are! I don't think this is something that you need to ask Allah's forgiveness for, because it is the Sunnah to always seek more and more information and to continually educate and reeducate yourself! :) Mash Allah Brother, you always ask so many questions that I too would love the answers to, so if a question springs to mind, then ask it, because I am looking forward to the answer as eagerly as you :) Besides, it gives all our resident "experts" something to do... ;-D wasalaam eleanor 8-) |
| Re: Schools of law |
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| assing |
| 01/14/02 at 16:12:27 |
| As salaamu alaykum, this dicussion can indeed be a very long one as 7 alluded to. The pupose of writing this is not to give an answer to the questions posed for these are questions that cannot be answered in one post or one even one book, but rather this is something that takes years of studing (of which i am just a beginner) to a full understanding of this issue. However, there are some points that i would like to mention perhaps others may benifit by it, and Allah is the one who guides to that which is correct. One thing that we all can agree to is the obligation to follow the messenger salahu alayhi was salam and refering back to him whenever any differences occurs. Allah says "No, by your Lord they do not believe until they submit to your adjucation in all disputes between them, then they do not find within themselves any difficulty with your decisions and they completely submit" (4:65). Again, "Allah says When a matter has been decided by Allah and His Messenger, it does not behove a believer, man or woman, to have choice in their matter. One who disobeys Allah and His Messenger, he is indeed on a clearly wrong Path" (33:36). So having said this i would basically say when it comes to following a madhab there are two extreme opinions and one that is in the middle. The first one (which is the more commonly advocated of the two) is the opinion that says every muslim must follow and stick to a madhab {even if it contradicts the the quran and sunnah}. On the other hand there are those who say we must not follow any madhab and it is upon every individual to go to the quran and into the books of hadeeth themselves and derive rulings from there, which is almost impossible for the vast majority of muslims, for they don not have the materials muchless the ability to understand them. Then there are those who take the middle path who say yes it is permissible to follow a madhab but one should not make it an end in itself, i.e. it should be used as a means to arrive to the truth and not be treated as if the whole truth is within that madhab. This is why when SHAYKH SAALIH AL-FAWZAAN was asked: [u]Is it permissible for one who sticks to a particular madhhab in matters of worship, to turn away from it and stick to another madhhab whenever he wants? Or is it binding upon a Muslim to stick to just one madhhab until he dies? And is there a difference in how the Prayer should be performed between the four madhhabs or not? And what has been related from the Prophet sallallaahu alayhi wa sallam concerning how the Prayer should be prayed? The Shaykh, hafidhahullaah, responded: The issue of sticking to a madhhab has in it some detail. 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 madhhab. rather, it is upon him to take the ruling from the evidence - if he has the ability to do so. However, this is rare amongst the people, since this is a quality of the mujtahideen from the people of knowledge; those that have reaced the levels of ijtihaad. As for one who is not like that, then he cannot take the rulings directly from the evidences. And this is the predominant case amongst the people, especially in these latter times. So [in such a case] there is no harm in adopting one of the four madhhabs and making taqleed of one of them. However, he should not make blind taqleed such that he takes all that is in the madhhab; whether it is correct or incorrect. Rather, it is upon him to take from the madhhab that which - in his view - does not clearly oppose the evidence. As for those views in the madhhab which clearly oppose the evidence, then it is not permissible for the Muslim to take it. Rather it is upon him to adopt what is established by the proof, even if it is in another madhhab So his leaving the madhhab for another madhhab in order to follow the evidence is something good; this is a matter which is good - rather it is obligatory;since following the evidence is an madhhab in order to follow the evidence is something good; this is a matter which is good - rather it is obligatory;since following the evidence is an obligation. As for adopting one madhhab sometimes and another at other times, then this moving is from the angle of following ones desires and seeking concessions, and this is not permissible. Meaning, that whatever accords with ones whims and desires, from the sayings of the people of knowledge, is taken - even if it opposes the proof; and whatever opposes ones whims and desires is left - even if it has a proof. This is the following of whims and desires, and we seek refuge in Allaah [from that]. Thus, moving from one madhhab to another, due to following ones desires, or due to ease or seeking concession; then this is not permissible. As for moving from one madhhab to another due to following an evidence, or to flee from a saying that does not have a proof, or from an erroneous view - then this is a matter that is encouraged and sought from a Muslim. And Allaah knows best As for the issue concerning the differences between the four madhhabs in the Prayer, then the four madhhabs - and all praise is for Allaah - are in Prayer, then the four madhhabs - and all praise is for Allaah - are in agreement about most of the rulings concerning the Prayer, in general. Their differences are in some of the details of the Prayer. From [such differences] are, for example, that [one of them] may consider something to be prescribed, whilst another may not consider it to be prescribed; one may consider something to be obligatory, whilst another may consider it to be recommended; and so on. So the differences are in the details of the Prayer. But as for the rulings of the Prayer in general, then there is no difference - and all praise is for Allaah.[/u] Hence, many scholars who oppose the blind following of madhab recommend for the one who wants to be a student of knowledge that he actually studies and familiarize himself with at least one madhab as a means of organizing his studies, not to say that he accepts everything in that madhab even if it contradicts the quran and sunnah. This brings me to the the point sister Tasnim made which drew my attention [quote]I myself prefer to follow my own way.[/quote] The proper way to approach this issue would be to follow where the evidence lead to after striving ones best to reach to the truth and this is the most an individaul can do, as Allah says “So have taqwaa of Allaah as much as you are able.” [Sooratut-Taghaabun 54:16]. For example you have one scholar who gives fatwa based on his madhab or his personal opinion, then on the other hand you have one who gives his fatwa backs it up with a hadeeth or a statement/s from the salaf, who will you be more inclined to ask questions? So, in a nutshell it can be as simple as that: you see many differing views, you fear Allah to the best of your ability and you choose which seems closest tothe sunnah after weighing each view and the rest is with Allah, you have done what you can. One last point i would like to mention when faced with issues like these we should always go back to Allah in dua asking him to guide us to the truth wherein the people have differed as has been narrated of Aishah in saheeh Muslim where she said "before the prophet sallallaahu alayhi wa sallam began his tahajud he used to open the prayer by the following dua : "O Allaah, Lord of Jibraa'eel, Meekaa'eel and Israafeel, Creator of the heavens and the earth, Knower of all that is hidden and open! It is You that will judge between Your servants in those matters about which they used to differ. Guide me by Your Grace to the Truth concerning that about which they differed, for indeed You guide whomsoever You wish to a path that is straight" As i said this is a very detailed and i hope this little that i wrote would be of benefit and Allah knows best |
| NS |
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