| The Legislated Following and the Blind Following
Shaikh Sulaymaan Ibn Naasir al-'Ulwaan
Translated by brother Abu Sumayyah.
All praise is due to Allah, the Lord of the worlds. And to what
follows…
Some of the brothers have asked the question:
What is the ruling concerning two who differ in a fiqh matter? Is
it the right of every individual to take the words of the imaam
of his madhhab (school of thought), or should they research the
matter and look into the evidences? Inform us of the ruling and
may Allah reward you greatly.
So I answered them:
If there isn't any clear evidence in a matter and the ruling of
a matter is based on ijtihaad1,
then it is on the Muslim to follow the one whom he thinks is the
most knowledgable and pious from the people, and there is no blame
on him if he does that. As for the matter where there is evidence,
then it is not allowed for a Muslim to take the words of his imaam
if those words go against the evidence. Instead, it is on him to
leave the words of his imaam, whoever he may be, if the evidence
has reached him, and this is obligatory on the entire creation.
For the words of the scholars are in need of evidence and not vice
a versa. Indeed the words of the scholars help to understand the
texts and explain the matters and so forth.
As for the words of the scholars being an authority over the words
of Allah and His Messenger, then none of the scholars have ever
stated this. Instead this goes against the Quran and the Sunnah
and the consensus of the Muslims, since Allah has commanded us to
follow His Book and to obey His Messenger in many places in the
Quran. Allah has said,
..and obey Allah and the Messenger so that you may receive mercy.[3:132]
And Allah said, Say! Obey Allah and obey the Messenger.[24:84]
And Allah said, Let those who contradict his orders beware lest
a trial or a painful punishment befall them.[24:63]
And Allah said, O you who believe! Obey Allah and His Messenger,
and do not turn away from him while you are able to hear. And do
not be like those who say: "We have heard," but they do
not hear. Verily! The worst of living creatures in the sight of
Allah are the deaf and the dumb, those who do not understand.[8:20]
Verily the scholars (may Allah's mercy be upon them), used to advise
their students not to blindly follow. Instead they made it binding
on them to take the evidence since this is what is obligatory and
a must for all the Muslims. So if the evidence reaches someone then
he must follow that evidence and leave whatever opposes that evidence.
Allah has said, Follow what has been sent down unto you from
your Lord, and do not follow any protectors besides Him. Little
do you remember.[8:21]
And Allah even bore witness to the guidance of the one who obeys
His Messenger, as is mentioned in Surah an-Noor:
And if you obey him you will be guided.[24:54]
So whoever leaves the evidences for the words of Abu Haneefah or
Maalik or Ash-Shaafi'e or Ahmad, then he has gone against a principle
that the Muslims have all gathered upon. Imaam A-Shaafi'e (may Allah's
mercy be upon him), has stated, "The Muslims have all agreed
that if a sunnah of the Prophet 's has reached someone, it is not
befitting that he leave it for the saying of anyone." And Imaam
Maalik (may Allah's mercy be upon him), said, "There is no
one after the Prophet , except that their words may be accepted
or rejected."
So, as for those who are fanatics in following the imaam of the
particualar madhhab, then this goes against the guidance of the
predecessors, and is in opposition to what the imaams of those madhhabs
were upon. Since they were all agreed upon the dispraise of blind
following and fanatacism. Verily, it is obligatory on the Muslim
to go with the evidence, whether it be with the Maalikee school,
or the Hanafee school, or the Shafi'ee school, or the Hanbalee school,
or the Dhaahiree2 school,
or any other school. As Allah did not confine the truth to any of
these schools, since the scholars of these schools were men, who
were capable of being correct and also making mistakes. They were
not infallible from mistakes and errors.
Imaam A-Shafi'ee (may Allah's mercy be upon him) said, "There
is no one among us who has not had a sunnah of Allah's Messenger
elude him or have one slip his mind; so no matter what rulings I
have made or fundamental principles I have proposed, there will
be in them things contrary to rulings of Allah's Messenger. Therefore,
the correct ruling is according to what Allah's Messenger said,
and that is my ruling."
Verily, the scholars (may Allah have mercy on all of them) have
disputed on many matters in the religion. From the rulings concerning
purification, prayer, zakah, fasting, Hajj, selling, divorce, dhihaar3,
and other things. While none of these scholars, who were firm in
knowledge, ever said that it was allowed for every individual to
take from where he pleases, concerning the different schools, without
looking into the evidence, the exception being the blind follower
who is not able to research into the evidences.
If it was permitted for every Muslim to follow his desires and
pick and choose from all these different opinions and sayings, then
the religion would be made up of these various schools of thought,
and the Book and the Sunnah would be of little benefit. And we seek
refuge with Allah from this!
So I say that which all the Muslims have agreed upon, that it is
obligatory to take all matters of dispute back to the Book and the
Sunnah, according to the understanding of the scholars of the early
generation; looking into their words, and into their reasonings
behind certain decisions on matters after looking into the evidences.
For example the scholars have disputed on the matters of what nullifies
your purification. Like eating camel meat, touching a woman without
sexual contact, and things that exit the body from other than the
two private areas. For some have said that these things that exit,
nullify your purification and at the same time are impure. Verily,
every imaam had a saying about these matters.
Concerning the eating of camel meat, Maalik, Abu Haneefah, and
Ash-Shaafi'ee, were of the opinion that it does not nullify your
purification. But, on the other hand, Imaam Ahmad (may Allah's mercy
be upon him) was of the opinion that it did. And this was also what
Ibn Hazm preferred.
The correct opinion concerning this, is the madhhab of Imaam Ahmad,
since there are two authentic hadeeths from the Prophet that prove
that the eating of camel meat nullify your purification. One of
them is the hadeeth of Jaabir bin Samurah in Saheeh Muslim, and
the other is the hadeeth of Al-Baraa collected by Abu Dawood and
At-Tirmidhee, and others.
As for the touching of the woman or embracing or similar to this,
then Imaam Ash-Shafi'ee was of the opinion that touching a woman
nullifies your purification whether it is with passion or not. And
Abu Haneefah was of the opinion that unconditional touching does
not nullify your purification. And Maalik and Ahmad in one narration
were of the opinion that it does not nullify your purification except
with passion.
So, for the one who examines the various evidences in this matter
will find that the Hanafee school is the closest to the correct
opinion. And in one narration, this opinion is also accredited to
Imam Ahmad and is also the preference of Shaikh ul-Islaam Ibn Taymiah.
Since there has not reached us any evidence that is authoratative
in proving that touching nullifies the purification whether with
passion or without. So in the absence of evidence, we return to
the origin which is that the purification is not nullified. And
the madhhab of Abu Haneefah is more clear on this issue than the
other schools, since it has been narrated to us that the Prophet
kissed his wives, left to the prayer, and he did not make wudu (ritual
ablution). While, at the same time, it is not narrated to us in
the hadiths that it was with or without passion. Even though there
is some problem with the authenticity of this hadith. Verily it
was narrated by Abu Dawood, At-Tirmidhee, and Ibn Maajah, by the
way of Wakee', on the authority of Aa'mash, on the authority of
Hubayb bin abee Thaabit, on the authority of Urwah, on the authority
of Aaisha, but there is defficiency in it. As Hubayb did not hear
from Urwah. But there are other hadiths that are authentic concerning
this matter. And Allah knows best.
As for the things that exit from the body like blood and other
things, then the madhhab of Imaam Ahmad says that these things nullify
your purification. But the madhhab of Imaam Ash-Shafi'ee says that
any of these absolutely do not nullify your purification. And this
is the correct opinion, which is also supported by Imaam Maalik
and in one narration from Imaam Ahmad. And this is the conclusion
that Ibn Taymiah and many others came to. Since there is no evidence,
that anything which exits from your body, other than the two private
areas, nullifies your purification.
So these examples that I gave, are to show that the truth is not
limited to a specific scholar, group, or school of thought. Verily,
the Muslim is not commanded to follow and stick to a specific school
of thought. Instead, he should seek out the truth, as every school
of thought is correct in some things, and mistaken in others.
As the school of the Hanbalees are correct in many of the rulings
in the matters of this religion. likewise the Shaafi'ees, the Maalikees,
and the Hanafees (are also right in many rulings). While, at the
same time, Imaam Ibn Hazm was alone in some of his opinions which
actually are the correct opinion. Many of the scholars differed
due to the availability of the evidences, distinguishing between
the authentic and the weak, between the things that abrogate and
are abrogated, and between the unconditional (mutlaq) and the qualified
(muqayyad). So the one who is in the right follows the one who has
the truth with him without being biased. Likewise he opposes the
mistakes without slandering or defaming someones person, or putting
him at a low level. Since these scholars were striving to reach
the correct opinion (mujtahidoon), and whether they were correct
or incorrect, they will be rewarded either way.
So, after this, it is not obligatory on anyone to follow one of
these scholars. And whoever thinks this has strayed far away from
the correct path. Verily, it is not obligatory to follow anyone
except the Messenger of Allah, since his saying is all truth and
he does not speak from his own desire.
As for any others from the scholars and the imaams of the various
schools of thought, then we don't take from their words except what
agrees with the truth. And this is a serious matter that none deem
important except the one who wishes to be guided and save his soul
from falling into evil. How many are the ones who claim to have
knowledge and are busy writing, except that they are fanatics headed
for destruction, and blind followers. They are angered by those
who go against their particular imaam but are not angered by those
who go against the Book of Allah or the sunnah of the Messenger
of Allah .
So the correct one is he who makes the Book of Allah and the sunnah
of His Messenger the ruling over all sayings. Even if those who
disagree, disagree with him and accuse him of heresy. Indeed, it
has become a common practice of those who blindly follow and are
fanatics, to label those who differ with them as heretics and astray.
And this is the status of every liar, and the one who is a deviant
from the truth and the straight path since when he is unable to
provide the proof and the evidence he resorts to these types of
tactics. Verily, there is evidence in the Book of Allah and the
sunnah of the Prophet , that the truth will have many enemies fighting
against it, trying to prevent it from being manifest. They come
with various molds that support their intellects, and satisfy their
desires. For the person on the truth, he should put all his efforts
into it so as not to be shaken away from this truth that he is on.
He should call others to this truth and Allah will provide him with
help and support. And he will remain victorious as long as he is
trying to give victory to the religion and the truth, with full
sincerity to Allah and their will not cease to be aid from Allah
as long as he stays on this way.
Allah has said, As for those who strive hard in Us (Our cause),
We will surely guide them to Our paths. And verily, Allah is with
the Muhsinun (good doers).[29:69]
Also Allah has said, O you who believe! If you help (in the
cause of) Allah, He will help you, and make your foothold firm.[47:7]
And whoever Allah helps then that is indeed enough against the
evil of His enemies. But the help will not come until there are
first two things: Sincerity to Allah in both sayings and actions
in accordance with the guidance of the Prophet Muhammad . So if
these two conditions are met then nothing can oppose him, even if
they were to all come together from the east and the west. Allah
has said, If Allah helps you, none can overcome you; and if He
forsakes you, who is there after Him that can help you? And in Allah
(Alone) let believers put their trust.[3:160]
And all praise is due to Allah. W'al hamdu lillah rabbil aalameen…
[1] Ijtihaad: The reasoning process by which Islamic
laws are deduced after thorough research. [^]
[2] Dhaahiree: A school of thought founded by Daawood
ibn'Alee, who took an independent path of reasoning based on the
obvious and literal meanings (Dhaahir) of the texts of the Quran
and the sunnah.[^]
[3]Adh-Dhihaar: The saying of a husband to his
wife, "you are, to me, like the back of my mother" eg.
'unlawful for me to approach.'[^]
Source: http://www.iisca.org/
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