FOLLOWING A MADHHAB: INNOVATION OR OBLIGATION? pdf

Following A Madhhab: Innovation or Obligation? A collection of articles by:

• Mufti Muhammed Taqi Usmani
• Shaykh Abdal Hakim Murad
• Shaykh Nuh Ha Mim Keller
• Shaykh Murabtal Haaj
• Dr. G. F. Haddad
• Dr. S. Kose

FOLLOWING A MADHHAB: INNOVATION OR OBLIGATION?

From the Book

People would seek fatwa from ‘ulama’ since the earliest of times in matters which they were in need of, because the majority of people are not able to derive the rulings of the Shari‘ah from their original sources.

Thus, it would be necessary for them to refer to those who have knowledge of these rulings. This is what Allah (Glorified and Exalted is He) ordered in His noble saying: “So ask the people of remembrance if you do not know.” (16:43)

And as longas a mufti is trusted in his knowledge and his piety, they would not demand evidence for what he said – and thisis the technical meaning of taqlid, since they defined it as: “Acting on the opinion of another without knowing hisevidence or demanding proof.”

However, in the best of generations, they would not restrict themselves to taking fatwa from a single scholar, such that they would not permit seeking fatwa from another scholar, although when individuals had a particular affinity with a scholar of a certain land, their reliance on him would be greater than others,

so by virtue of that affinity, they would refer to that scholar in all matters or most of them.Of this is what al-Bukhari transmitted from ‘Ikrimah that the people of Madinah would ask Ibn ‘Abbas:

“Is it permissible for a woman [that is a pilgrim], when she is menstruating, to set off for her hometown after the Tawafal-Ziyarah and omit the Tawaf al-Wida‘?” Ibn ‘Abbas answered them by [saying] that it is permissible for her to setoff and omit the Tawaf al-Wida‘.

They said to him: “We will not adopt your opinion, and leave the opinion of Zayd.”In the transmission of al-Isma‘ili: “We do not care, whether you have issued us a fatwa or you have not issued us afatwa. Zayd ibn Thabit says: ‘She does not set off.’”

In the transmission of al-Tayalisi: “We will not follow you, Ibn‘Abbas, when you oppose Zayd.” This is because they had greater confidence in Zayd ibn Thabit.

Later, Zayd ibnThabit retracted from his opinion when he came to know of the hadith of Safiyyah, as transmitted by Muslim fromTawus: “I was with Ibn ‘Abbas when Zayd ibn Thabit said to him: ‘You issue fatwa that a menstruating woman departs before having her final meeting with the House?’

 Ibn ‘Abbas said: ‘At the least, ask so-and-so Ansari woman:Did the Prophet (Allah bless him and grant him peace) command her?’”

He said: “Subsequently, Zayd ibn Thabitreturned to Ibn ‘Abbas, laughing, and saying: ‘I do not believe but that you told the truth!’”

When Zayd ibn Thabit(Allah be pleased with him) retracted, the people of Madinah were content that it is permissible for her to set off[before performing the Tawaf al-Wida‘].