After seeing the overall
contributions to the progressive enrichment and unifying character of Fiqh in
the Muslim world, and seeing that the early generations exhibited a certain
liberalness in their thinking (i.e. they were not restricted, they expressed
their ideas freely, sometimes even opposing the Caliph and suffering), the reality
is that in time this free approach became closed and rigid and the Muslim Ummah
suffered as scholarship closed in itself, Ijtihad was banned, and people went
into blind following. What this then produced was four schools of law, all of
which people were told were correct, and regardless of whom you followed you
were on the right path.
The schools of Fiqh became a source of division among the Ummah, instead of being a source of added information as it was in
the early days and it is important for us at the end of it all to be able to
handle those initial questions that we began with:- The question with regards
to the Madhhab – Whether we should abandon them all together, take one and follow it, or create our own Madhhab.
Some people have stated
that the idea of functioning without a Madhhab is itself a Madhhab. The fact of
the matter is that functioning without a specified Madhhab is indeed a Madhhab but
what we propose is that it was the original Madhhab, and the approach of
the founders of the Schools of Islamic law.
The arguments which people commonly use to justify the differences are through quoting these so called Hadiths of
the Prophet: “My companions are like stars, if you follow any one
of them you will be rightly guided” and the “Differences among
my Ummah are a mercy from Allah” and other similar narrations. The
reality is that these narrations are between outright fabrications and
extremely weak hadiths that can’t be used as evidences.
Fundamentally, the very
idea that differences can be a mercy contradicts the Qur’an texts. The Qur’an
prohibits excessive disagreements and argumentation. Allah says in (8:46):
This is a description of
the situation today.
In (11:118):
Allah indicates his
mercy is with those who don’t dispute.
However, disagreement is something unavoidable as interpretation is always going to breed some
differences. But how does one handle them? Does one label a person he disagrees with a
deviant, isolate them, and try to get people to follow the norm? No. If a
person brings an opinion based on evidence, then his evidence is just as valid
as those who came after him.
We cannot remove
all differences. The best of generations, the companions, differed. Reality is
differences will exist, the question is what we do with these differences. If
we allow the differences to split our ranks we suffer the consequence, but if
we allow effort to be made to bring parties together and resolve
differences then that’s what we will see.We shouldn’t allow our differences to drive wedges between our hearts.
The basic position we should take is that differences are resolvable and we should sit down and try to as much as possible. If we end up with two strongly supported opinions by Hadiths then we can say you have two options. But the Imams held that the Madhhabs were not infallible and people were free to what they considered authentic. The attitude of many people who are locked into a Madhhab is that they find it unacceptable that people would not consistently follow all the opinions held by any given Maddhab andwhat they have done is develop a series of labels for people who don’t conform with their norm. This is the greatest challenge people involved in having a new look at Fiqh and its development without being bogged down and trapped in the Madhhab quagmire have.
The basic position we should take is that differences are resolvable and we should sit down and try to as much as possible. If we end up with two strongly supported opinions by Hadiths then we can say you have two options. But the Imams held that the Madhhabs were not infallible and people were free to what they considered authentic. The attitude of many people who are locked into a Madhhab is that they find it unacceptable that people would not consistently follow all the opinions held by any given Maddhab andwhat they have done is develop a series of labels for people who don’t conform with their norm.
There are two main terms
used to describe anyone who opposes the standard approach to Madhhab:
1) Wahhabi – This is taken
from Muhammed ibn AbdulWahhab, a scholar from the 18th century
who led a movement of revival; calling people back to the Qur’an and Sunnah as
it was originally understood, attacking seeking intercession from the dead,
building structure over graves, etc. He appeared heretical because those practices had become so widespread. Those who opposed what people followed came to be
known as innovators, although they were merely revivers.
2) Ahlul Hadeeth – This term
was originally used for scholars like Imam Bukhari, Muslim, etc. but in later
generations it came to mean one who deviated from the way of Madhhabs.
The fact of the matter is that both these movements had a major impact in reviving Ijtihad, thinking, and people stepping out of the confines of the Madhhab and taking opinions and ideas from the other schools based on evidence. This is really what we have to come to in the end.
One has to be tolerant of other positions and willing to hear the arguments of the other side.
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