النص المفهرس

FIQH AL-IMAM
Taglid in General
The faculty of taglid is inherently existent in us. If we had refrained
From the taglid of our parents and teachers, then today we would be
deprived of even the basic and preliminary needs of humanity. By
nature, man is endowed with the ability to imitate and follow others.
If this was not the case, we would not have been able to learn our
mother tongue. If we had refused to accept unquestioningly (without
demanding proof) every command, beck, and call of our teachers,
we would have been ignorant of even the alphabet of the languages
we speak, let alone the study and writing of books in those languages.
Our whole life-every facet of it: eating, drinking, wearing garments,
walking, earning, and so forth-is connected with this very concept
of taglid. Our intellectual and cultural development is the result of
taglid of our parents, teachers, and others.
If the technical terminology of every branch of knowledge were not
acquired on the basis of taglid (i.e. without questioning the authority
of that terminology), then proficiency in such knowledge could not
have been attained. If the meanings of words and their idiomatic
Lisages were not acquired through taglid of linguists and the norms
of our linguistic discourses, we would not become conversant in any
language.
Sometimes man learns the harmful effect of poison as well as the
remedial effects of medicines by virtue of taglid. In war, if an army
does not accept unquestioningly every order of its commander, victory
may not be attained. If the various agencies of government do not obey
the laws promulgated by the law makers, then law and order cannot
be maintained in the land. In short, the progress and perfection of
our physical, spiritual, intellectual, academic, moral and social life is
firmly rooted in taglid-to accept and obey professional authority.
The Necessity of Taqlid
There are two types of wujub [the compulsory nature of something]
in jurisprudence: wujub bi'l-dhat and wujub bi'l-ghayr.
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Taglid
Wwwjub bi 'I-dhat means "compulsory in itself"-in other words,
acts ordered or prohibited by Islamic law due to something in their
Intrinsic nature, like the command of prayer and the prohibition of
polytheism.
Wujub bi 'I-ghayr means "compulsory due to an external factor"-in
other words, acts that are not compulsory or prohibited in themselves,
Inn constitute the basis for other actions that are specifically com-
manded or prohibited in the Qur'an and hadiths; or let us say that
Auch acts which take on the obligatory nature of the actions that they
form the basis of.
An example of this is the writing of the Holy Qur'an and hadiths.
The Messenger of Allah # is reported by 'Abdullah ibn 'Umar + as
maying, "We are a nation that neither writes nor calculates" (Sahib
al-Bukhari, Muslim). This hadith, by way of implication (since it was
sind concerning the observation of the moon), negates the transcribing
of the Qur'an and hadiths. However, it has been found necessary to
record the Qur'an and hadith in writing to preserve their authentic-
ity and make both more widely available. Therefore, such writing is
not considered to be in conflict with the above hadith, and no one
questions the necessity of such writing nor does anybody demand
proof for it.
"The preservation of the Qur'an and hadith is an act categorically
commanded (thus wujub bi 'I-dhat) and emphasized by Shari'a.
Experience tells us that such preservation is not normally possible
without recording the Qur'an and hadith in writing. It is for this rea-
son that the writing of the Qur'an and hadith has also been decreed
as wajib. Consensus of the entire Umma [Muslim Community]
regarding the recording of the Qur'an and hadith in writing has been
reported through the ages in an unbroken chain of transmission. The
need for this recording is thus classified as wujub bi 'I-ghayr. In exactly
the same way, taglid or "following someone in matters of Islamic law,"
is also decreed as essential or wajib, falling within the classifications of
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FIQH AL-IMAM
wujub bi T-ghayr. We find ample evidence for the necessity of taglid
in light of the above explanation.
Taglid is especially important in this age in which the vast major-
ity of Muslims are ignorant of basic Islamic sciences. Thus, without
taglid, following the clear and definite commandments of the Shari'a
would be virtually impossible. For those who have not acquired even
a basic knowledge of the sources of Shari'a and methods of deriving
rulings [ijtihad] from the sacred texts, taglid becomes both essential
and compulsory.
Evidence from Hadiths
Aswad ibn Yazid narrates:
Mu'adh came to us in Yemen as a teacher (or as a leader). We asked him
concerning a person who had died leaving [as his heirs] a daughter and
sister. He decreed half the estate for the daughter and half for the sister
(Sabih al-Bukhari 2:297).
This was during the lifetime of the Messenger &. From this hadith a
number of points are established:
(1) Taqlid was in practice during the time of the Messenger of Allah
5. The questioner (in the hadith) did not demand proof or a basis
for the decree. He accepted the ruling, relying on the integrity, piety,
and righteousness of Mu'adh . This is a precise example of taglid
in practice.
(2) The Messenger # did not criticize the people of his time who
followed Mu'adh %, nor did the Messenger 4 have any objection
on the issue.
(3) This hadith furnishes proof for the validity of taglid shakhsi or
"following one particular person in the affairs of Islamic law." The
Messenger of Allah 4s had appointed Mu adh de to provide religious
instruction to the people of Yemen. It is evident that the Messenger
of Allah # granted the people of Yemen the right and permission to
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Taglid
refer to Mu'adh % in all affairs of the Din [religion]. The permissibility
and validity of taglid is therefore evident from this, especially because
of its prevalence in the glorious time of the Messenger 8.
Evils of Discarding Taglid
It is well known that many, if not a vast majority of people in this
uge, do not model their lives after the example of Allah's Messenger
4%. As a result they are governed by selfishness, corrupt motives, lust,
Insincerity, mischief, strife, anarchy, and opposition to the consensus
of the rightly-guided scholars. This inevitably leads to the subjection
of the Din to human desires. The hadiths on fitan [strife, trials, and
tribulations] have forewarned us of the rise of these corrupt traits in
man, and the scholars of this Din have been aware of this problem.
'The absence of taglid shakhsi will cause great harm and corruption
in the Din. One of the destructive evils which will raise its ugly head
in the absence of taglid shakbsi is the appearance of self-appointed
wijtahids. Some people will consider themselves to be capable of
inferring religious rulings, and embark on the process of juristic
(s/iar i] analogical reasoning [qiyas]. They will consider themselves
to be of equal or greater rank than the illustrious mujtahids of the
carly ages of Islam.
For example, the previous mujtahids have reliably stated that many
laws are based on particular causes [ mu'allal] and not definite causes.
Citing this, some modernists might claim that even the command of
wudu for prayer is based on a particular cause [mu'allal]. According
to them, this command could have been for the early Arabs, whose
occupation of tending animals exposed them constantly to impurities,
which could have called for ritual purification in the form of wudu'.
They might claim, on this basis, that since people of the present time
live in conditions of greater hygiene, wudu' is no longer necessary
for prayer. [From the opening chapters of Taglid and Ijtihad by Shaykh
Masihullah Jalalabadi]
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FIQH AL-IMAM
2. TAQLID: FOLLOWING AN IMAM IN THE MATTERS OF SHARI'A
Question
Some people say that taglid [following the school of an Imam] is
unlawful in Shari'a. They insist that a true Muslim should only
follow the Holy Qur'an and Sunna, and they say it is equivalent to
shirk [polytheism] to follow an Imam in the matters of Shari'a. They
also claim that the Hanafi, Shafi'i, Maliki and Hanbali schools were
formed some two hundred years after the Messenger's as death, and
therefore, these schools are a reprehensible innovation [bid'a], Some
also stress that a Muslim should seek guidance directly from the
Qur'an and Sunna and no intervention of an Imam is needed to prac-
tice upon the Shari'a. Please explain how far this view is correct.
Answer of Mufti Tagi 'Uthmani
This view is based on certain misunderstandings arising from unneces-
sary treatment of the complicated issues involved. The full clarification
of this mistaken view requires a detailed article. However, I will try
to explain the basic points as briefly as possible.
It is true that obedience, in its true sense, belongs to Allah & alone.
We do not obey anyone other than Him. This is the logical require-
ment of the doctrine of tawhid [belief in the oneness of Allah ].
The obedience of the Messenger of Allah % has been ordered upon
us, only because he is the Messenger of Allah who conveyed to us the
divine commandments, otherwise he has no divine status deserving
our obedience. By obeying and acting according to the teachings of
the Messenger , we obtain the pleasure of Allah%.
However, the crux of the matter is that the interpretation of the
Qur'an and the Sunna is not a simple one. It requires an intensive
and extensive study of the sacred sources of Shari'a, which cannot
be undertaken by a person unqualified in the field. If every Muslim
was obligated ro consult the Holy Qur'an and Sunna on each and
every problem arising before him, it would burden him with a
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wponsibility that would be almost impossible to fulfill. This is
because the derivation of the rules of Shari'a from the Qur'an and
Sunna requires a thorough knowledge of the Arabic language and
all the relevant sciences-a combination which every person is not
known to have. The only solution to this problem is that a few people
should equip themselves with the required knowledge of Shari'a and
others should ask them about the rulings in their day-to-day affairs.
This is exactly what Allah > has ordained for the Muslims in the
following words:
"Of every troop of them, a party only should go forth, that they [who
are left behind] may get instructions in religion, and chat they may warn
their people when they return to them, so that they may beware [of evil]"
(al-Qur'an 9:122).
This verse of the Holy Qur'an indicates in clear terms that a group
of Muslims should devote themselves to acquiring the knowledge
ol Shari'a and all others should consult them for their rulings. Now,
il a person asks a reliable scholar ['alim] about the juridical [shar'i]
ruling in a specific matter and acts upon his advice, can any reason-
able person accuse him of committing shirk on the ground that he
has followed the advice of a human being instead of the Qur'an and
Sunna? Certainly not.
The reason is obvious, because he has not abandoned obedience
to Allah and His Messenger , Rather, he is in search of a way to
obey them. However, being unaware of the shar'i commands, he has
consulted a scholar in order to know what he is required to do by
Allah. He has not taken that scholar as the subject of his obedience,
but rather as an interpreter of the divine commands. Nobody can
accuse him of committing shirk.
This is taglid in essence: a person who is not able to understand
the Holy Qur'an and Sunna, and so consults a Muslim jurist, often
termed an Imam, and acts according to his interpretation of the
Shari'a. The person never considers the Imam worthy of obedience,
but seeks his guidance in order to know the requirements of Shari'a
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FIQH AL-IMAM
due to not having direct access to the Holy Qur'an and Sunna or not
having adequate knowledge for deriving the rules of Shari'a from these
sources. This behavior is called taqlid of that jurist or Imam, Thus,
how can it be said that taglid is equivalent to shirk?
The qualified Muslim jurists or Imams, who have devoted their
lives to ijtihad, have collected the rules of Shari'a according to their
respective interpretations of its sources in an almost codified form.
This collection of the rules of Shari'a according to the interpretation
of a particular jurist is called the madhhab or "school" of that jurist.
Thus, the school of an Imam is not something parallel to the Shari'a
or something alien to it. In fact, it is a particular interpretation of the
Shari'a and a collection of the major shar'i rules derived from the Holy
Qur'an and Sunna by a reliable jurist, and arranged subject-wise for
the convenience of the followers of the Shari'a. So, the one who fol-
lows a particular school actually follows the Holy Qur'an and Sunna
according to the interpretation of a particular reliable jurist, whom
he or she believes to be the most trustworthy and most well-versed
in the matters of Shari'a.
As for the differences in the schools, they have emerged through the
different possible interpretations of the rules mentioned in or derived
from the Holy Qur'an and Sunna. In order to understand this point
properly, it will be relevant to know that the rules mentioned in the
Holy Qur'an and Sunna are of two different types.
The first type of rules are those which are stated in these sacred
sources in such clear words that they allow only one interpretation.
No other interpretation is possible thereof, such as the obligation of
prayer, zakat, fasting and pilgrimage; and the prohibition of pork and
adultery. With regard to this set of rules, no difference of opinion
has ever taken place. All the schools of jurists are unanimous in their
interpretation; hence there is no room for ijtihad or taqlid in these
matters. Also, since everyone can easily understand them from the
Holy Qur'an and Sunna, there is no need for consulting an Imam
or jurist.
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Taglid
On the other hand, there are some rules of Shari'a derived from
the Holy Qur'an and Sunna where any of the following situations
may arise;
(1)."The wording used in the sacred sources may allow more than one
Interpretation. For example, while mentioning the duration of the
waiting period ['idda] for a divorced woman, the Holy Qur'an has
used the following expression:
"And divorced women shall wait [as regards their marriage] for three
periods of quru" (2 :228).
The word guru used in the above verse has two meanings. It stands
both for the "period of menstruation" and the "period of cleanliness"
[i.c. tubr]. Both meanings are possible in the verse and each of them
has different legal consequences.
The question that requires jurisprudential efforts here is: "Which
of the two meanings is intended here?" While answering the ques-
tion, the juridical opinions may naturally differ, as is the case. Imam
Shafi'i interprets the word guru' as the "period of cleanliness," while
Imam Abu Hanifa interprets it as the "period of menstruation." Both
of them have a number of reasons in support of their respective views,
and neither can be completely rejected. This example highlights one
of the causes for differences of opinion among different schools.
(4) Sometimes disparity appears between two hadiths of Allah's
Messenger 4%, and a jurist has to reconcile them or prefer one of them
over the other. In this case also, the view points of the jurists may
differ from one another. For example, there are two sets of traditions
lound in the books of hadiths narrating different behaviors of the
Messenger # while bowing [ruku'] in prayer, The first set of hadiths
mentions that he used to raise his hands before bowing, while the
other hadiths mention that he did not raise his hands except at the
beginning of prayer. The jurists, while accepting that both ways are
correct, have expressed different views regarding the question: "Which
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FIQH AL-IMAM
of the two ways is more preferable?" Thus, situations like these also
cause differences of opinion between various schools.
(3) There are many issues which are not specifically addressed in the
Holy Qur'an and Sunna. The solution to these issues is sought either
through analogy or through examples, found in the sacred sources,
that have an indirect bearing on the subject. Here again, the jurists
may have different approaches to extracting the required solution
from the Holy Qur'an and Sunna.
Such are the basic causes of differences of opinion between the
schools. These differences are in no way a defect in Shari'a, rather
they are a source of flexibility composing a vast field of academic
research governed by the principles of Shari'a and settled by means
of the Holy Qur'an and Sunna for all time to come.
A Muslim jurist who has all the necessary qualifications for ijtihad
is supposed to attempt his utmost to extract the actual meaning of the
Qur'an and Sunna. If he does this to the best of his ability and with
sincerity, he will be rewarded for accomplishing his duty, and nobody
can accuse him of disregarding the Shari'a, even though his view may
seem to be weaker when compared to others. This is a natural and
logical circumstance, certain to be found in every legal system.
The established laws in every legal framework do not cover every
minute detail and possible situation. Also, these laws are often open
to more than one interpretation, and different courts of law, while
attempting to understand them, often disagree about their meanings.
One court may interpret the law in a particular way while another
court may understand it in quite a different sense. Thus, nobody can
say that the jurists have disrespected the laws of Islam by arriving at
different opinions. And since every court of law intends to apply the
established law to the best of its ability, its duty towards the Lawmaker
(Allah ) will be discharged, and its jurists will be rewarded for it.
For example, if one of the courts mentioned earlier were a high
court, all the lower courts and the people living under its authority
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Taglid
would be bound to follow judgements made by the high court, even
though their personal opinion might not conform to the opinion of
the high court. In such a case, if the lower courts follow the decision
of the high court, nobody can say that they are not following the
Juw or that they take the high court to be a legislator of the law. This
Is because, in actual fact, the lower courts are following the decision
of the high court as a trustworthy interpreter of the law, and not as
a legislator.
In exactly the same way, the school of a Muslim jurist provides
nothing more than a reliable interpretation of the Shari'a. Another
qualified jurist may disagree regarding the interpretation of that jurist,
Inat neither can he be accused of disregarding the laws of Shari'a, nor
win anyone accuse the followers of a particular school of following
something other than the Shari'a or of committing shirk. The reason
for this is that these Muslims are following the school as a trustworthy
Interpretation of Shari'a.
The next question which may arise here is: "What should a person
do with regard to these different schools, and which one of them
should he follow?" The answer to this question is very simple. All
of these schools have been sincere in their efforts to infer the true
meaning of the Shari'a; therefore they are all equally valid. A person
should follow the school of any of the recognized Imams whom he
believes to be most knowledgeable and most pious.
Although the Muslim jurists who have undertaken the exer-
cise of ijtihad have been many in number, the schools of the four
Imams- Imam Abu Hanifa, Imam Malik, Imam Shafi'i and Imam
Ahmad-are found to be more comprehensive, well-arranged, and
well-preserved up to the present day. The Muslim Umma as a whole
has taken these four Imams as having the most reliable interpreta-
tions of Shari'a.
The four schools are known as the Hanafi, Shafi'i, Maliki, and
Hanbali schools. The rest of the schools [madhhabs] are either not
comprehensive enough, in the sense that they do not contain all
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FIQH AL-IMAM
aspects of Shari'a, or have not been preserved in a reliable form.
For this reason, the majority of the Muslim Umma belongs to one
of these four schools. If a person adopts a school of Islamic law as
an interpretation of the Shari'a, his obligation to follow the Shari'a
stands fulfilled.
This is the true picture of the term taglid with reference to the
jurisprudential schools. I hope this explanation will be sufficient to
show that taglid has nothing to do with shirk or "ascribing partners to
Allah," but is in fact a simple and easy way of following the Shari'a.
3. FOLLOWING ONE PARTICULAR IMAM
IN EVERY JURISTIC ISSUE
Question
It is generally believed by Sunni Muslims that each one of the four
schools (Hanafi, Shafi'i, Maliki and Hanbali)-all being possible
interpretations of the Shari'a-are correct and none of them can be
held as something in contradiction with the Shari'a. But at the same
time, we can see that the followers of the Hanafi school do not depart
from the Hanafi view and do not adopt the Shafi i or Maliki view
in juristic matters. Rather, they deem it impermissible to follow the
view of another jurist in any particular issue. How can this approach
be reconciled with the belief that all the four schools are considered
correct? It would seem that if they are all correct then there should be
no harm in the Hanafis following Shafi'i, Maliki, or Hanbali views
in some matters.
Answer of Mufti Taqi 'Uthmani
It is true that all the four schools are on the truth, and following any
one of them is permissible in order to follow the Shari'a. However, a
nonprofessional who lacks the ability to compare between the argu-
ments of each school cannot pick and mix between different views to
satisfy his personal desires. The reason for this approach is twofold.
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Taglid
Allah & has empathically ordered in a number of verses of the
Holy Qur'an to follow the guidance of the Shari'a, and has made it
strictly prohibited for one to follow one's desires vis-à-vis the rules of
the Shari'a. The Muslim jurists, when interpreting the sources of the
Shari'a, attempt never to satisfy their personal desires. They attempt
jo inake their best effort to discover the spirit of Shari'a, and they
base their opinions on the force of evidence and not merely on the
search for convenience. They do not choose an interpretation on the
basis of its suitability to their personal fancies; they choose it only on
the basis of the strength of the evidence before them.
Now, if someone who has not studied Islamic law is allowed to
choose any juristic view without consulting the arguments pertaining
to those views, he will be at liberty to select only those views which
seem to be more fulfilling to his personal requirements. This attitude
will lead him to follow his own desires and not the guidance-a practice
totally condemned in the Holy Qur'an.
For example, Imam Abu Hanifa is of the opinion that bleeding
from any part of the body breaks the wudu', while Imam Shafi'i
believes that bleeding does not break the wudu'. On the other hand,
Imam Shafi'i says that if a man touches a woman, his wudu stands
broken and he is obligated to make fresh wudu'before offering prayer,
while Imam Abu Hanifa insists that merely touching a woman does
not break the wudu'
How can the practice of "pick-and-mix" be allowed? A layman may
well choose the Hanafi opinion in the matter of touching a woman
and the Shafi'i view in the matter of bleeding. Consequently, he will
deem his wudu' unbroken even when experiencing both situations
together (i.e. he has bled and happened to touch a women) even
though his wudu' stands broken now according to both Hanafi and
Shafi'i opinions.
Similarly, according to the Shafi'i view, a traveller can combine
the two prayers of Zuhr and 'Asr. However, at the same time, if a
Traveller makes up his mind to stay in a town for four days, he is no
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FIQH AL-IMAM
longer regarded as a traveller in the Shafi'i view. Hence, he cannot
avail himself of the concession of shortening the prayers [gasr] nor
of combining two prayers. On the other hand, the period of travel,
according to the Hanafi view, is fourteen days, and a person can
continue to shorten his prayers as long as he does not resolve to stay
in a town for more than fourteen days.
A traveler who has entered a city to stay there for five days, can-
not combine two prayers, according to both Imam Shafi'i and Imam
Abu Hanifa. "This is because, by staying for five days, he cannot use
the two concessions of gasr and of combining two prayers according
to Imam Shafi'i, and because combining two prayers is not allowed
according to Imam Abu Hanifa. Nevertheless, the approach of "pick
and mix" still leads some people to adopt the Shafi'i view in the
matter of combining prayers and the Hanafi view in the matter of
the period of journey.
Ir is evident from these examples that the selection of different views
in different cases is not based on the force of arguments leading to
them, but on the facility provided by each. Obviously this practice
is tantamount to following one's desires, which is totally prohibited
by the Holy Quran. If such an attitude is permitted, it will render
the Shari'a a plaything in the hands of the ignorant, and no rule of
Shari'a will remain immune to distortion. This is why the practice
of "pick-and-mix" has been condemned by all the renowned scholars
of Shari'a. Imam Ibn Taymiya, the famous hadith scholar and jurist,
says in his Fatawa:
Some people follow at one time an Imam who holds marriage invalid,
and at another time they follow an Imam who holds it valid. They do
so only to serve their individual purpose and satisfy their desires. Such
a practice is impermissible according to the consensus of all the Imams
(Fatawa Ibn Taymiya 2: 285-286).
This was the basic cause for the policy adopted by the later jurists, who
made it necessary for the common people to adopt a particular school
in its totality. If one prefers the madhbab of Imam Abu Hanifa, then
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Taglid
one should adopt it in all matters and with all its details. However, if
one prefers another madhhab one should adopt that one in full. One
should not pick and mix between the different views of the schools
for one's own benefit.
The benefit of the validity of the madhhabs, according to the jurists,
is that a person can elect to follow any one of them. But once a person
bus adopted a particular madhbab, then he should not follow any
other madbhab in any matter, whether it be to seek convenience or
w satisfy his personal choices, both of which are based on his desires
md not on the force of argument. Thus, the policy of "allegiance to
a particular school" was a preventive measure adopted by the jurists
to preclude anarchy in the matter of the Shari'a.
However, this policy is meant for those who cannot carry out
ntibad themselves or cannot evaluate the arguments advanced by all
the madbhabs in support of their views. For such people, the best
approach is ro follow one particular school as a credible interpreta-
vion of the Shari'a.
Nevertheless, those equipped with the necessary qualifications of
(juibad need not follow a particular school [madhhab]. They can derive
the rules of Shari'a directly from the original sources. Similarly, those
who are not fully qualified for the exercise of deriving rulings lijtihad),
but are so well-versed in the Islamic disciplines that they can evaluate
the different juristic views on purely academic grounds (i.e. without
being motivated by their personal desires), are not forbidden from
preferring one school over the other in a particular matter. There
are many Hanafi jurists who, despite their allegiance to Imam Abu
Hanifa, have adopted the view of some other jurist in some juristic
issues. Nevertheless, they are considered Hanafis.
This partial departure from the view of Imam Abu Hanifa could
be based on either of the following grounds: sometimes jurists, after
an honest and comprehensive study of the relevant material, come
to the conclusion that the view of another Imam is stronger. Jurists
may also find that the view of Imam Abu Hanifa, although based
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FIQH AL-IMAM
on analogy, does not conform to an authentic hadith, which is usu-
ally due to its not having been conveyed to the Imam; otherwise he
most probably would have adopted a view in conformance with that
hadith also.
Another case in which jurists have departed from the view of their
Imam is when they have felt it a necessity for the collective good of the
Umma. These jurists would follow another Imam not in pursuance of
their personal desires, but to meet the collective needs of the Umma
and in view of the changed circumstances prevailing in their time.
These examples are sufficient to show that the followers of a par-
ticular school do not take their school as a substitute for the Shari'a or
as its sole version to the exclusion of every other madhhab, Followers
of a madhhab do not give any madhhab a higher place than it actually
deserves within the framework of Shari'a.
Before parting with this question, I would like to clarify another
point which is extremely important in this context. Some people who
have no systematic knowledge of Islamic disciplines often become
deluded by their superficial knowledge based on self-study (in many
cases, it being only through the translation of the Holy Qur'an and
hadiths). Following this kind of cursory study, they assume them-
selves to be masters of Islamic learning and begin criticizing the
former Muslim jurists. This attitude is based on ignorance and has
no justification.
The extraction of juridical rules from the Holy Qur'an and Sunna
is a very meticulous process that cannot be carried out on the basis of
sketchy study. While studying a particular juristic subject, one has to
collect all the relevant material from the Qur'an and hadiths found in
the various chapters and books and undertake a combined study of
the scattered material. One must examine the veracity of the relevant
hadiths in light of the well-established principles of the science of
hadith [usul al-hadith]. One must study the historical background of
the relevant verses and traditions. In short, one has to first resolve a
number of complicated issues involved. This whole exercise requires
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Taglid
very intensive and extensive knowledge which is seldom found in
the contemporary scholars who have specialized themselves in the
mujeet, let alone the common people who have no direct access to
the original sources of Shari'a.
The conclusion of the above discussion is that since all the four
chools are based on solid grounds, it is permissible for a competent
wholar to adopt another school's juristic view, if he has the required
knowledge and ability to understand the merits of each madhbab on
vliv basis of adequate academic research, without being indulged in
pursuing his personal desires. The people who do not fulfill these
conditions should not dare to do so, because it could lead to anarchy
w the matter of Shari'a.
19

2
Imam A'zam Abu Hanifa and Hadith
THE YEAR 80 A.H. witnessed the birth of a great personality-one
who engaged himself in the study of the religious sciences under the
grear scholars of his time; one who proceeded to process and codify
this knowledge, especially in the field of jurisprudence [figh], for
the benefit of the Umma of Muhammad . This person was none
other than Abu Hanifa Nu'man ibn Thabit of Kufa. The intelligence,
wisdom, prudence, piety, devotion, generosity, and good conduct he
exemplified made him unique in his time. He attained a very high
gratus in the various fields of sacred knowledge ['ilm] and was given
the title al-Imam al-A'zam or "the Greatest Imam."
Since, this book pertains in particular to the Hanafi school of figh,
it was only fitting that this chapter on the founder of the Hanafi
school follow the chapter on taglid. We recount here the life of this
purcar personality, who is renowned all over the world for his services
to Islam and who is accepted by consensus of this Umma's scholars as
a reliable interpreter of the sacred texts. His school of figh [madhhab]
has continued to be adopted and followed by the vast majority of
the People of the Sunna and Community [ Ahl al-Sunna wa'I-Jama'a]
to this day.
Unfortunately, there are some who have considered themselves at
liberty to raise objections to the Imam and slander him. They attempt
to lower his status and show him to be deficient in the field of hadith.
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FIQH AL-IMAM
However, anyone who studies the pages of history objectively will
surely be impressed by his scholarship in the various fields of Islamic
learning, especially his insight in hadith-the knowledge of which
is indispensable for any jurist, let alone for someone regarded as "al-
Imam al-A'zam."
An entire biography of the great Imam is beyond the scope of this
work, so this chapter will focus mainly on a few aspects of his life:
that of his position as a Follower [tabii], the most knowledgeable
person of his time, and a narrator and hadith master [hafiz]. Only
the statements of scholars of hadith [muhaddithin], prominent jurists
(fugaha'], elucidators of the Qur'an [mufassirin], and other religious
experts will be presented in this regard. May Allah allow an authentic
picture to emerge of the Imam's true position and scholarship in the
fields of sacred learning, especially in the field of hadith.
IMAM ABU HANIFA: A FOLLOWER | TABI7]
According to the majority of hadith scholars, a tabi'i or "Follower" is
someone who met a Companion of the Messenger # or merely saw
one while in the state of faith [iman]. It is not necessary for him to
have remained in his company or to have narrated from him. Hafiz ibn
Hajar al-'Asqalani has stated this definition to be the most preferred
one (I'la' al-sunan 19:306). 'Allama 'Iraqi, Ibn al-Salah, Nawawi, and
Hakim, among others, also agree on this definition.
According to this widely accepted opinion, Imam Abu Hanifa is
considered to be a tabi i, and this has been confirmed by many biogra-
phers and historians. This is a unique position held by him, since the
same cannot be said regarding the other great Imams, Shafi'i, Malik,
and Ahmad ibn Hanbal (may Allah be pleased with them all).
'Allama Dhahabi writes in his Tadbkirat al-huffaz that Abu Hanifa
was born in 80 A.H. He saw Anas ibn Malik & more than once (every
time Anas visited Kufa). Hafiz 'Abd al-Ghani al-Maqdisi states:
Abu Hanifa saw Anas (Tadhkinti al-Rashid 427).
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Imam Abu Hanifa
İbn Hajar al-Makki writes:
is true, as Dhahabi has stated, that Abu Hanifa saw Anas ibn Malik de
when he was young (al-Khayrat al-hisan).
Khib al-Baghdadi confirms in his Tarikh al-Baghdad:
Alu Hanifa saw Anas ibn Malik : (Tadbkirat al-Rashid 281).
I unza al-Sahami states:
I heard Daraquini say, "Abu Hanifa did not meet any Companion of the
Messenger % except Anas ibn Malik ." (Tabyid al-sahifa 502).
Therefore, as many scholars have confirmed, Imam Abu Hanifa was
most certainly a tabi'i.
IMAM ABU HANIFA NARRATED FROM THE COMPANIONS
Imam 'Abd al-Qadir al-Misri stares:
The Companions from who, Abu Hanifa related [hadiths] were Abdullah
ibn Unays, 'Abdullah ibn Jaz'a al-Zabidi, Anas ibn Malik, Jabir ibn
Abdillah, Ma'qil ibn Yasar, Wathila ibn al-Asqa', and 'A'isha bint'l-Ajrad
b (al-Fawd'id al-ba biyya 42).
Abdullah ibn Ja'far al-Razi relates that Abu Yusuf said:
I heard Abu Hanifa say to us, "I performed Haj with my father in 93 A.H.
when I was 16 years old. There was a teacher [shaykhi] present with many
people around him, and I asked my father who it was. He informed me
that it was a Companion of the Messenger of Allah # known as 'Abdullah
ibn al-Harith ibn Jaz'a. 'What does he possess [that makes the people
gather around him]?' I enquired from my father. He replied, "Hadiths he
has heard from the Messenger . Hence, I requested my father to take
me closer so I could listen [to him]. He led me through the masses until
I was close enough to listen. I heard him report that the Messenger
said, "Whoever acquires an understanding of the religion of Allah, Allah
suffices him in his matters of concern and provides him with sustenance
from sources which he could not expect."
The great Maliki scholar Abu 'Umar Ibn 'Abd al-Barr, has also related
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FIQH AL-IMAM
the same incident (al-Jawahir al-midi'a 1:273). Allama Khwarizmi
states:
Among the merits and virtues that are not shared by anyone after him
was that Abu Hanifa narrated [directly] from the Companions of the
Messenger 43. Scholars are agreed upon this fact, although there is some
dispute concerning the exact number of Companions (Jami' al-masanid
1:22).
The above statements make it clear that not only did Imam Abu Hanifa
see some of the Companions, he also narrated from them.
IMAM ABU HANIFA: MOST LEARNED PERSON OF HIS TIME
Hafiz al-Sam'ani writes:
Imam Abu Hanifa engaged himself in the acquisition of knowledge and
exerted himself until he achieved what others did not. Once he visited
Mansur [the Abbasid caliph] and found 'Isa ibn Musa with him. 'Isa said
to Mansur, "This is the scholar of the world today" ( al-Ansab 247).
Makki ibn Ibrahim once remembered Imam Abu Hanifa and said,
He was the greatest scholar of his time (I'ld' al-sunan 18:308).
Makki ibn Ibrahim was the Shaykh of Imam Bukhari through whom
Imam Bukhari has transmitted most of his narrations whose chains
reach the Messenger of Allah # through only three transmitters
[thulathiyyat]. 'Abdullah ibn al-Mubarak relates:
I entered Kufa and enquired from the scholars as to who was the most
learned person in the city? They told me it was Abu Hanifa, Then I
enquired from them as to who was the most devout worshipper and
the one most occupied in acquiring sacred knowledge? Again they told
me it was Abu Hanifa. Every good characteristic I enquired about, they
answered, "We do not know of anyone who that characteristic could be
attributed to except Abu Hanifa" (al-Mizan 58).
Muhammad ibn al-Bishr said,
I would visit Abu Hanifa and Sufyan al-Thawri. When visiting Sufyan
24