Indexed OCR Text

fah al-Imam
KEY PROOFS IN HANAFI FIQH
On Taqlid and the Hanafi Interpretation
of the Prophetic Statement
"Pray as you have observed me pray"
(Sahih al-Bukhari)
ABDUR-RAHMAN IBN YUSUF
White Thread Press

In the name of Allah,
Most Gracious Most Merciful.
All praise be to Allah, Lord of the
Worlds, and peace and blessings be upon
His Messenger Muhammad, the
Mercy of the Worlds.

Figh al-Imam
Key Proofs in Hanafi Fiqh
On Taglid
and the Hanafi Interpretation
of the Prophetic Statement
"Pray as you have observed me pray"
(Sahih al-Bukhari)
Foreword by
SHAYKH YUSUF MOTALA
ABDUR-RAHMAN IBN YUSUF
white Thread Press
SANTA BARBARA . CALIFORNIA

@ Abdur-Rahman ibn Yusuf Mangera 2003
First Edition January 1996
Second Revised and Extended Edition September 1996
Third Revised Edition First Printing June 2003
Second Printing May 2004 with indexes added
Third Printing September 2007
All rights reserved. Aside from fair use, meaning a few pages or less for non-profit
educational purposes, review, or scholarly citation, no part of this publication may
be reproduced, stored in a retrieval system, or transmitted in any form or by any
means, electronic, mechanical, photocopying, recording, or otherwise, without the
prior permission of the copyright ownen
ISBN 978-0-9728358-0-0
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Library of Congress Cataloging-in-Publication Data
Ibn Yusuf, Abdur-Rahman, 1974-
Figh al-Imam : key proofs in Hanafi figh on taglid and the Hanafi
interpretation of the prophetic statement "pray as you have observed me pray
(Sabih al-Bukhari)" / by Abdur-Rahman Ibn Yusuf ; foreword by Shaykh
Yusuf Morala .- 3rd rev. ed., 2nd print.
p. cm.
Includes index.
ISBN 0-9728358-0-6 (pbk. : alk. paper)
1. Islamic law-Sources. 2. Hanafites. I. Title.
KBP295.1236 2004
340.5'9-dczz
2004007912
@ Printed and bound in the United States of America on premium acid-free paper

før Pusuf & Pusuf
My father Pisu Mangent &
Mỹ thạch Pust Motala

Contents
FOREWORD
XI
INTRODUCTION
XIII
PART ONE
1, LIQUID: FOLLOWING A SCHOOL IN ISLAMIC LAW
3
What is Taglid?
3
Definition of Taglid
3
Taglid in General
4
The Necessity of Taglid
4
Evidence from Hadiths
6
Evils of Discarding Taglid
7
Taglid: Following an Imam in the Matters of Shari'a
8
Following one Particular Imam in Every Juristic Issue
14
2. IMAM A'ZAM ABU HANIFA AND HADITH
21
Imam Abu Hanifa: A Follower | Tabii]
22
Imam Abu Hanifa Narrated from the Companions
23
Imam Abu Hanifa: Most Learned Person of his Time
24
Imam Abu Hanifa: A Hadith Master [Hafiz]
26
27
Imam Abu Hanifa: An Authority and Critic of Hadith
Conclusion
30
3. ABDULLAH IBN MAS'UD 4%
33
The Companions of Allah's Messenger
Hadiths on the Virtues of 'Abdullah ibn Mas'ud 4p
Knowledge of the Qur'an
33
35
36
Other Hadiths Regarding 'Abdullah ibn Mas'ud ..
Other Statements
38
39
Conclusion
40
VII

FIQH AL-IMAM
4. THE TRUE POSITION ACCORDING TO ALLAH
41
PART TWO
1. THE DISTANCE TO BE KEPT BETWEEN THE FEET
45
The Various Opinions
The Hadith on Joining the Feer
48
Other Points to be Considered
52
Conclusion
52
2. THE POSITION OF THE HANDS IN PRAYER
55
The Various Opinions
$6
The First Difference of Opinion
56
The Second Difference of Opinion
$6
The Hadiths on This Issue
57
The First Version
57
The Second Version
59
Other Narrations
$9
Evidence of the Hanafis
61
Other Evidences for the Hanafi Opinion
62
Conclusion
63
3. RECITING BEHIND THE IMAM
65
The Various Opinions
65
The Holy Qur'an on This Issue
67
The Hadiths on This Issue
72
The Companions and Followers on This Issue
75
Other Reasons for not Reciting Behind the Imam
78
80
Analyzing the Seemingly Contradictory Hadiths
Conclusion
86
4. THE ISSUE OF AMIN- EXPLAINED
87
The Various Opinions
88
The Qur'an on This Issue
89
The Hadiths on This Issue
90
The Companions and Followers on This Issue
93
Other Reasons for Saying Amin Silently
93
Analyzing the Seemingly Contradictory Hadiths
93
A General Explanation and Conclusion
94
46
VIII

Contents
5. RAISING THE HANDS FOR RUKU
97
The Various Opinions
Some History Regarding the Issue
The Differences Found in the Narrations
Another Complication
I02
98
98
100
The Hadiths on Raising the Hands
103
Weakness of Abdullah ibn 'Umar's & Narrations
103
The Hadiths on not Raising the Hands
104
The Hadiths of Abdullah ibn Mas'ud
104
The Hadiths of Abdullah ibn 'Umar&
105
The Hadiths of Jabir ibn Samura 4%
106
The Hadiths of Abdullah ibn 'Abbas
108
The Hadiths of Bara' ibn 'Azib
108
The Companions and Followers on This Issue
109
Other Reasons for not Raising the Hands
Conclusion
115
6. SITTING IN PRAYER: TAWARRUK OR IFTIRASH?
117
The Various Opinions
117
The Hadiths on Iftirash
118
The Hadiths on Tawarruk
121
Conclusion
123
7. THE SUNNA PRAYER OF FAJR
125
The Various Opinions
126
Importance of the Sunna Prayer of Fajr
127
The Companions and Followers on This Issue
127
Other Reasons for the Hanafi Opinion
130
One More Point to Remember
131
8. How MANY RAK'ATS IN WITRE
133
The Various Opinions
134
The Hadiths on This Issue
135
The Companions and Followers on This Issue
139
How Many Salams in the Wirr Prayer?
141
Some Confusing Narrations
144
Is One Rak'a Sufficient for Witr?
148
A Final Question
150
Conclusion
151
IX

FIQH AL-IMAM
9. PRAYER AFTER 'ASR
ES3
The Various Opinions
IS3
Analyzing the Seemingly Contradictory Hadiths
1$4
An Exclusive Practice of the Messenger
160
The Hadiths Prohibiting Prayer After Asr
161
Conclusion
163
10. PRAYER DURING THE FRIDAY SERMON
165
The Qur'an on This Issue
166
The Hadiths on This Issue
167
The Companions and Followers on This Issue
169
Analyzing the Seemingly Contradictory Hadiths
171
Conclusion
177
IT. THE NUMBER OF RAK'ATS IN TARAWIH
179
Opinions of the Scholars
180
Tarawib During the First Generations
180
Absence of Authentic Narrations
182
The Hadiths on This Issue
184
The Opinions of Various Jurists and Scholars
189
Other Important Points to be Noted
191
Analyzing the Narrations Concerning Eight Rak'ans
Conclusion
199
12. COMBINING TWO PRAYERS
201
The Various Opinions
202
The Qur'an on This Issue
203
The Hadiths on This Issue
204
The Hadiths on Combining Prayers
206
Conclusion
209
GLOSSARY
211
BIBLIOGRAPHY
217
INDEX OF PERSONS
221
SUBJECT INDEX
226
ABOUT THE AUTHOR
192
235
x

Foreword
In the name of Allah Most High.
My dear Abdur-Rahman (may Allah protect you).
In accordance with the Sunna, I send you greetings of peace,
It has been a great source of pleasure to learn of the publication of the
new edition of Figh al-Imam. May Allah accept the book and grant
it the honor of acceptance among the elect and laity.
If every worshipper studies this book once, he will experience a
transformation in his prayer. Since he has until now been performing
his prayer according to legal rulings [fatawa]; whereas after studying
this book, he would increase in his conviction, that the way he
stands, recites, bows, prostrates, and sits in the prayer is indeed in one
hundred percent emulation of the Mercy of the Worlds, Muhammad,
the Messenger of Allah $. He will sense a special kind of contentment
and happiness.
May Allah grant us the ability to emulate the Messenger #8 in all
our acts of worship and practice. May He maintain in us the love of
the Messenger & and grant us death in that state.
[SHAYKH] YUSUF [MOTALA]
Senior Hadith Teacher and Rector
Darul Uloom al-Arabiyya al-Islamiyya
Holcombe, Bury, UK
May 6, 2003 | Rabi' al-Awwal 4, 1424
XI

Introduction
Many Muslims nowadays are often confused by the appearance of
variations in the way other Muslims pray. New Muslims who are
unaware of the fact that there are four traditional schools of Islamic
jurisprudence are especially liable to become confused as to why one of
their fellow Muslims says "amin" silently after reciting Surat al-Fatiha,
while another Muslim brother, three rows back, utters "amin" aloud.
A curious worshipper might also wonder why some Muslims raise
their hands before going into ruku [bowing], and others leave their
arms and hands hanging to their sides.
Regardless of which method a person follows in his prayer, observ-
ing these types of differences can be quite confusing for one who
is unaware of the different methods of prayer. This confusion, if
increased or prolonged, can lead a person to begin criticizing all
methods of prayer, not to mention his or her own way of praying.
To add to this confusion, there are some people who officiously go
about informing other worshippers that their method of prayer is
wrong, and that the Messenger of Allah # never used to pray that
way. They also regularly condemn anyone who follows a position
other than their own.
So what are the reasons for the differences observed in the prayer?
Are some of these methods incorrect and a deviation from the
sacred teachings of Islam? Is there room for such differences in the
way Muslims worship? Furthermore, if all the positions of the four
traditional schools of Islamic law or madhhabs are valid, then is there
one that is more superior to the others or are they all the same in the
sight of Allah ?
XIII

FIQH AL-IMAM
Gradual Changes in the Prophetic Example
The prayer went through various changes throughout the life of the
Messenger . For instance, in the early days of Islam, it was permis-
sible to speak in prayer. It was also permissible to move about while
praying. The hands were raised at nearly every posture, including when
coming up from the first prostration [sajda]. Likewise, in fasting, a
person had to begin his fast from the time he fell asleep, even if that
happened to be just after sunset. One can find many examples of
changes and transformations that took place in the various rituals of
Islamic worship over the twenty-three years of prophethood.
Therefore, one possible source of why some narrations on prayer
seem to apparently conflict with one another, is the gradual transfor-
mation of the salar that took place during the lifetime of the Messenger
of Allah #. The presence of these apparently conflicting narrations is
thus one of the reasons why there are scholarly differences of opinion
today on prayer and other aspects of worship. It was the work of the
mujtahid Imams to sift through these apparent contradictions and to
select those narrations which would help to understand and formulate
the Sunna in a systematic way.
Some scholars state that it is due to Allah's love for His Messenger
that He kept alive the various actions and postures he performed
throughout his life-in the form of four madhhabs or schools of
jurisprudence-the Hanafi, Maliki, Shafi'i and Hanbali schools.
One of the main intentions in the preparation of this book was to
provide for all access to evidences of the Hanafi prayer in the English
language: It was hoped that this would facilitate a deeper understand-
ing of the Hanafi position regarding the method of prayer, and also
engender greater confidence in those positions, especially for those
who follow the Hanafi school. By gaining insight into the strength
of evidences and the sound methodology through which a school
derives its rulings, a person can feel more confident in his following
of that school.
XIV

Introduction
This book, while highlighting some of the differences of opinion
between the various schools regarding certain aspects of salat, primar-
ily focuses on presenting the prominent opinions of the Hanafi school
on those issues. By the grace of Allah , much of the confusion that
people had concerning such issues (either through seeing others pray
differently or from being influenced by those who do not follow one
of the four traditional schools of jurisprudence) has been removed by
earlier editions of this book and other similar publications.
The Legality of the Four Schools
It must be remembered that the intent of this work has not been to,
in any way, discredit the opinions of any of the other three traditional
schools of jurisprudence (Maliki, Shafi'i and Hanbali). Each of the
four schools has its sources in the Qur'an and hadith, and they differ
only in the interpretation, application, and scholarly analysis of those
sources. Therefore, it is very possible that if one finds the arguments
and evidences presented in the works on Hanafi jurisprudence to
be strong and convincing, he may feel the same way when reading
literature from the other three schools. It is for this reason that the
great Imams had a deep and mutual respect for one another's legal
positions. Consequently, accepting as valid the opinions of all four
legal schools would become a cornerstone of Sunni jurisprudence.
However, the etiquette that was and is still observed by each of the
four schools is:
Our opinion is correct with the possibility of being incorrect, and their
opinion is incorrect with the possibility of being correct.
Hence, the scholars of one school do not criticize the scholars of
another school, but rather understand that each is following an
interpretation of the same sources of Shari'a (the Qur'an and hadith)
as propounded by their Imams-all of whom possessed the ability
to infer rulings directly from the Qur'an and the hadiths of the
Messenger . These four schools have been accepted century after
XV

FIQH AL-IMAM
century by the People of the Sunna and Community [Ahl al-Sunna
wa 'I-Jama'a]. Although there are those who do not follow a school of
jurisprudence and claim to rely only on the hadiths, what they are in
fact claiming is a place alongside the four Sunni Imams. These same
people also follow the interpretations of scholars they trust, which
is similar to following one of the four schools of Islamic jurispru-
dence. The difference however is that they replace the opinions of
the righteous Imams of earlier centuries with the opinions of scholars
of latter times.
It is important to note that when enumerating the opinions on the
various aspects of prayer in this book, only the names of those Imams
have been mentioned who hold the same opinion as the Hanafis on
a particular issue, since the main purpose of this book is to demon-
strate the strength of the Hanafi position and not of the other valid
schools of jurisprudence. Therefore, terms such as "group one" or
"group two" have been employed when referring to those conflicting
views. Also, whenever a consensus of the four Imams on an issue is
being discussed, the opinion that conflicts with the consensus would
be the opinion of those who do not follow one of the traditional
schools of jurisprudence.
The Format of This Book
This book covers twelve of the most important aspects of prayer in
which there are differences of opinion. Each chapter begins with an
introduction and thereafter mentions the various scholarly opinions
on the particular aspect of prayer being discussed. Evidences from
the Qur'an, hadiths, statements of the Companions, and logical rea-
soning, are then presented under their respective subheadings; and
finally, those hadiths which appear to contradict the Hanafi opinion
are analyzed and explained. The discussion is then summarized with
a conclusion.
Four chapters have been added to the beginning of the book. They
discuss the importance of taglid or "following a school in Islamic
XVI

Introduction
law,' the status of 'Abdullah ibn Mas'ud ; the position of Imam
Abu Hanifa as a Follower [tabi'i], scholar, and narrator of hadith;
and the question of which opinion is correct in the sight of Allah.
It is hoped that these chapters will provide further insight into the
methodology of the Hanafi school in particular and into traditional
scholarship in general.
Another important point to remember here is that it is sufficient
for a Muslim to rely on the legal opinions of any one of the four
schools of Islamic law without specifically knowing the evidence
behind their opinion, since taglid means to follow an Imam while
trusting that he has correctly interpreted the sacred texts to the best
of his ability. However, in view of the oft-repeated claim made by
those who do not practice taglid of a madhhab-that the traditional
schools of jurisprudence base their opinions and rulings on mere
conjecture and analogy rather than sound evidences-it was neces-
sary to compile the evidences of the Hanafi school. Presenting the
evidences and highlighting some of the methodology of the Hanafi
school will demonstrate to the layman how the school goes about
deriving rulings from the Qur'an, hadith and other sources of Shari'a
[Sacred Law].
The task of compiling, studying, analyzing, and inferring rulings
from the sacred sources is a difficult task to undertake and is certainly
not the job of a student of the sacred sciences, like the compiler of
this book. Such work has already been ably accomplished by the great
scholars of the past, like 'Allama Badr al-din al-'Ayni, Jamal al-Din
al-Zayla'i, Murtada al-Zabidi, Muhammad Nimawi, Zafar Ahmad
'Uchmani, and Anwar Shah Kashmiri, to mention a few from among
the renowned Hanafi scholars in this field. The Umma is greatly
indebted to these and other scholars for the studies they undertook
and the works they produced that are shining lamps in the darkness
of ignorance. "This is part of the true heritage of the Muslim Umma
in the form of traditional scholarship.
The first edition of this work was published approximately eight
XVII

FIQH AL-IMAM
years ago, in January 1996, while the author was in his fifth year of
study at the Darul Uloom al-Arabiyya al-Islamiyya in Bury, North
England. By the grace of Allah #8, it met with great approval and
acceptance; hence, a second edition (revised and extended) was
prepared and published in September of the same year along with
three extra chapters. The second edition was also quickly exhausted
off the shelves, after which it remained out of print for several years.
By the mercy and grace of Allah Most High, this third edition of
Figh al-Imam has been developed. Changes specific to this edition
are as follows:
(1) Each chapter has been thoroughly revised and many changes have
been made in language and sentence structure.
(2) The page layout and formatting of the chapters have been changed
to facilitate easier reading and comprehension.
(3) The transliteration of Arabic terms has been refined, as can be
observed from the title itself, originally published as "Fighul Imaam,"
now "Figh al-Imam."
(4) Several new scholarly points and arguments have been added
throughout the discussions in the various chapters.
(5) Many Arabic terms used in previous editions have been replaced
with their English equivalents, with the Arabic in brackets where
deemed necessary.
(6) The Chicago Manual of Style has been followed as closely as pos-
sible, though with some exceptions, in the presentation of this book.
For instance, common Arabic terms such as hadith, salam, madhhab,
and rak'a, have been pluralized in English simply by adding an "'s."
but in the case of rak'a, a "t" has also been inserted for clarity.
It would also be beneficial to mention at this point the primary
sources of reference for this work, Most of the discussions in this book
are based on the popular works of figh and Hadith, in Arabic and
XVIII

Introduction
Urdu, of prominent Hanafi scholars. The following works constitute
the primary source material for this book:
1. Ma'arif al-sunan [Knowledge of the Ways], a partial commentary
of Sunan al-Tirmidhi in Arabic, by the late Hanafi hadith scholar
"Allama Yusuf Binnori of Pakistan.
2. Darse Tirmidhi [Lessons on Tirmidhi], an explanation of the
chapters on worship [ 'ibadat] of Sunan al-Tirmidhi in Urdu by the
renowned contemporary scholar Mufti Taqi 'Uthmani.
3. Tanzim al-ashtar [Arrangement of the Scattered], a complete and
comprehensive (yet concise) Urdu commentary on the Mishkat al-
Masabih [Niche of the Lamps] by Maulana Abu '1-Hasan, a teacher
of hadith and other religious sciences in Bangladesh.
4. Fath al-Mulhim [Victory of the Inspirer], a three volume com-
mentary in Arabic of the first portion of Sahih Muslim by the great
exegete and hadith scholar Maulana Shabbir Ahmad 'Uthmani, which
was subsequently completed by Mufti Taqi 'Uthmani in a further five
volumes known as the Takmila [Completion].
5. Awjaz al-masalik [Most Concise of Paths], an expansive Arabic
commentary on the Muwatta [The Trodden Path] of Imam Malik
by the renowned Hadith scholar of the Indian subcontinent, Shaykh
Zakariyya Khandelwi.
6. Ikhtilafe Ummat owr Sirate Mustagim [Differences in the Umma
and the Straight Path], a work in Urdu by the late scholar of hadith,
figh and tasawwuf, Shaykh Yusuf Ludhyanwi of Pakistan.
7. Ashraf al-tawdih [The Most Noble Clarification], an explanation
in Urdu of the Mishkat al-Masabih [Niche of the Lamps] by Maulana
Nazir Ahmad, a senior teacher of hadith in Pakistan.
Other works consulted have been provided in the Bibliography.
The majority of hadiths and quoted texts in the books listed
XIX

FIQH AL-IMAM
above have been verified from their original sources by the compiler
of this book. Those that have not been verified (mainly due to the
unavailability of the original source texts to the compiler) have been
distinguished by a "U" in the reference.
Finally, in accordance with the hadith of the Messenger of Allah
, which states that "The one who is not grateful to people is not
grateful to Allah," I end this introduction by fulfilling the pleasant
task of expressing gratitude to all those who have assisted in anyway,
shape, or form throughout the various editions of this book. I wish
especially to thank my teachers, who were great channels of inspira-
tion, knowledge, and guidance for me, as well as my family, friends,
and colleagues, without whom this work would have proved very
difficult. Allah is well aware of their contributions, however insignifi-
cant they may have seemed. May Allah reward them all abundantly
in this world and the next, and accept this humble offering on behalf
of myself, my family, teachers, and friends. Amin.
ABDUR-RAHMAN IBN YUSUF MANGERA
May 11, 2003 | Rabi al-Awwal 9, 1424
XX

PART ONE
1. TAQLID
2. ABU HANIFA
3. "ABDULLAH IBN MAS'UD
4. THE TRUE POSITION

1
Taglid: Following a School in Islamic Law
THE MAIN OBJECTIVE of this book is to provide in-depth discussions
on those aspects of a Muslim's prayer which are subject to differences
of opinion in the four madhhabs or "schools of Islamic law," giving
special attention to the Hanafi opinion on each issue. However, since
even the concept of taqlid or "following a school in Islamic law" is
unfamiliar to many Muslims, a discussion on this subject is necessary
at the outset.
In this regard, taglid will be discussed under the following three
headings in this chapter: (1) What is Taglid; (2) Taglid: Following an
Imam in the Matters of Shari'a; (3) Following One Particular Imam
in Every Juristic Issue. This will hopefully remove any confusion
regarding the issue of taglid, and comfort those who seek clarifica-
tion on the subject.
1. WHAT IS TAQLID?
Definition of Taglid
Literal: Taglid is the verbal noun derived from the Arabic root q-d,
which means to place, gird, or adorn with a necklace.
Technical: The acceptance of another's statement without demanding
proof of evidence, on the belief that the statement is being made in
accordance with fact and proof.
3