Day: April 7, 2010

On Adhering To A Madhab – Follow Up…

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Salam

As mentioned previously here is a follow up to the post regarding the adherence to a particular school of law (madhab).  Some people mistakenly think that there are no statements from scholars of the madhahib in support of adherence to one madhab.  The quotes provided below are from the works of scholars where this view is cited. Readers should note that difference of opinion exists on this point, the intention however is to point out the statements of scholars in support of this view.

Hanafi Madhab

Imam Ibn Abidin said in notes to Bahr al-Raiq (6/289):

“Imam Abul Hasan al-Khatib said in Kitab al-Fatwa: A Mufti [who issues a legal verdict according to a madhab] if he gives a legal verdict regarding a matter according to the madhab of an Imam, then he cannot make taqlid of other than him and give legal verdict in opposition to him.”

Maliki Madhab

Al-Zarkashi said in Bahr al-Muhit (8/374):

“Ibn al-Munir took the balanced view and said:  The evidence necessitates the adherence to a particular school after the period of the four Imams and not before them.  The difference is that people before the four Imams did not record their madhabs…”

Al-Nafrawi said in Fawakih al-Dawani (2/357):

“Consensus of the Muslims today has formed regarding the necessity of following one of the four Imams: Abu Hanifah, Malik, al-Shafi and Ahmad bin Hanbal (Allah be pleased with them all)…And we have mentioned previously the necessity of following one of the Imams, and that it is for the one incapable of performing ijtihad.”

Shaykh Illish said in Fath al-Aliyy al-Malik (1/90):

“It is reported from the jurist Abu Abdullah al-Sanusi that he said:  As for the scholar who has not reached the rank of ijtihad, and the absolute common person, it necessary for both of them to make taqlid of a mujtahid…and the correct view is that it is necessary from them both to adhere to a specific madhab from the madhabs of the mujtahid scholars.”

Shafi Scholars

Jalal al-Mahalli said in his commentary on the Jam al-Jawami (2/440):

“The more correct view is that it is necessary for the common person and other than him who has not reached the level of ijtihad to adhere to a specific madhab from the madhabs of the mujtahid scholars.”

Ibn Hajar al-Haytami was questioned in his Fatawa (4/305):

“He was asked (Allah most High have mercy on him) Is it necessary after the codifying of the madhabs to adhere to one of them, and may he switch from the one he adheres to?
He answered with his words:  That which is cited in Ziyadat al-Rawda from the scholars of the school (ashab) is the necessity of this, and that he not do this [switch madhab] due to desire nor due to that which he found his forefathers upon.”

Hanbali Madhab

Al-Mardawi said in Al-Insaf (11/194):

“He said in Al-Riayah al-Kubra:  It is necessary for every muqallid to adhere to a specific madhab according to the well known view, and that he not make taqlid of other than its scholars.”

Ibn Najjar al-Futuhi said in Sharh Kawkab al-Munir (p.627):

“It is said:  Rather it is necessary to adhere to a madhab.  In al-Riayah he said:  This is the well known view, and that he not make taqlid of other than its scholars.”

Categories: Fiqh