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Hakimul Ummat Hadrat Ashraf Ali Thanowi Translation: M.

Abdul Basit
19, Flora Garden Romford, Essex London RM6 4BG Uk

Contents 1. Legal status of Ijtihad (psychoanalyse) and Taqleed ( conform) 2. Legal status of reasoning and Taqleed (conform) 3. Muhaddith and Mujtaheed ( scholar of Hadith and jurist) 4. Capability of Ijtihad (psychoanalyse) 5. Permissibility of individual Taqleed and its meaning 6. Nowadays individual Taqleed is necessary and why? 7. Corruptions by leaving individual Taqleed 8. Reality of Ijma (unanimous) 9. Some people will not do Ijtihad nor they will follow any jurist 10.They will not do Ijtihad nor they will act on external meaning of Hadith 11. Pre conditions are wajib too 12. Why maz-habs are limited in four 13. Why did you choose Hanafi maz-hab? 14. Anywhere you go, you still Hanafi, why? 15. Quran rejects Qias (analogy) 16. Quran rejects Taqleed (conform) 17. Taqleed opposite to Hadith 18. Qias condemned by salaf (predecessors) 19. No imam said, follow me 20. Following is bidat (innovation) 21. Individual adherence is bidat (innovation) 22. There was no maz-hab before Imams 23. Why can not we do Ijtihad? 24. Understanding Quran and Hadith are easy, then why follow maz-hab? 25. Taqleed (conform) against Hadith 26. Follow sahaba, not Imam 27. Following of the clear matters in the Quran 28. Some masalas are against Hadith 29. Why maz-habs are limited in four?

30. Claiming Ijma on four maz-hab 31. Following an unknown person 32. Hanafis majority proofs are weak 33. Imam Abu Hanifa was not a Mujtaheed 34. Imam Abu Hanifa was a Murjia 35. Instead of Muhammadi why do you call yourself a Hanafi? 36. Why follow sometime Imam Abu Yusuf and sometime Imam Muhammad? 37. Chains of narration do not reach to Imam Abu Hanifa 38. Jurists are divided in some cases and quite in some cases 39. Extremism in maz-hab 40. Exaggeration in Ijtihad 41. Meaning of Ahle Sunnat Wal Jamat 42. Some masala regarding salah 43. Time of zohr 44. Wodu does not break by touching private part 45. Wodu does not break by touching a woman 46. Masah (wiping) one fourth of head 47. Bismillah not pre condition for wodu 48. Bismillah should not be read audibly in salah 49. No qirat behind Imam 50. Raising hands only in first takbir 51. Placing hands below navel 52. Sitting posture in salah 53. Standing up straight in 1st and 3rd rakat 54. Fajar sunnat after sunrise 55. Witr is three rakat, no salam after two rakat 56. No qunoot in fajar salah 57. Some praiseworthy notes about imam Abu Hanifa 58. Imam Abu Hanifas some illustrious teachers 59. Some illustrious students 60. Some profound personalities who praised Imam Abu Hanifa 61. Chronology of four Imams 62. Authors of six authentic Hadith books

BISMILLAHIR RAHMANIR RAHIM 1st object Legal status of Ijtihad and Taqleed ( Psychoanalyse and conform)

1st Hadith
Narrated by Tariq that due to an obligatory bath, someone did not performe salah. He came to prophet (s.a.w) and related the incident. Prophet (s.a.w) told him you did the right thing. Thereafter another person came with a similar problem but he added I performed Tayammum1 and read salah. Prophet (s.a.w) told him you did the right thing too. (Nasaee page 293 kitabut taharat)
This Hadith it is clearly providing evidence for the permissibility of Ijtihad and Qias. (Psychoanalyse and analogy) Because if they knew the ruling, there was no need for them to ask the prophet (s.a.w) after the task has been done. In the initial stage they carried out the task according to their won Ijtihad and Qias and informed prophet (s.a.w) thereafter. Prophet (s.a.w) accepted both of their actions. It is well accepted principle that any action which is not rejected by prophet (s.a.w) is an Islamic law. Especially in the case of affirmative evidence, it is a sharee rule. Thus it is proven that in the time of prophet (s.a.w) sahaba (r.a) did Qias. And He (s.a.w) approved it. So there is no doubt about the permissibility of Qias. To tell both you did the right thing means both has received the reward. It does not mean that everyone has the choice either do tyammum or not, or read salah or not.

Dry ablution.

2nd Hadith
Hadrat Amar ibnul AAS (r.a) says: in the expedition of Zat-as-Salasil I had a wet dream in a cold night. I thought if I take a bath, I would die. So I did tayammum and led the salah. My companions reported the story to prophet (s.a.w). Prophet (s.a.w) asked me, O Amar, in the state of impurity you led the salah? I informed him what was obstacle for me to take a bath and all due respect I reminded him that Allah says do not kill yourselves. Verily Allah is most kind. Hearing that prophet (s.a.w) smiled and did not say anything.
( Abu Dawood page 293 kitabul hudud) This Hadith is clearly indicating the permissibility of Ijtihad and Qias. Because Hadrat Amar Ibnul Aas (r.a) has expressed his reason and prophet (s.a.w) accepted it.

3rd Hadith
Reported by Hadrat Abu Saeed (r.a) that, two persons performed salah by making tayammum due to non access of water. But water became available before the salah time expires. So, one person repeated the salah by making Wodu while the other person did not. They asked Hadrat prophet (s.a.w) regarding this matter. Prophet (s.a.w) said to the person who did not repeat the salah, you followed the Sunnah and first salah is sufficient for you. Regarding other person he said, you received the full reward. (I.e for the both salah you will get rewarded.)(Nasaee page 75)
It is evident that both sahabahs on this occasion acted upon Qias. Hadrat prophet (s.a.w) did not charge anyone. Obviously one persons Qias was right while the others was wrong. It is Mujtaheedeens (jurists) principle that some time he will be right and some time he will be wrong. That is why Hadrat prophet (s.a.w) did not charge anyone. Therefore permissibility of Qias is established. Together, all these Hadithes are proving the permissibility of Qias. Where there is clear verse or Hadith is not available, sahaba kiram (r.a) used to do Ijtihad (psychoanalyse) with the permission of Nabi kareem (s.a.w)

4th Hadith
Narrated by Aswad Bin Yazid that, Hadrat Muaz Bin Jabal (r.a) came to us as a teacher and a governor. We asked him about someone who passed away and left behind a daughter and a sister as his heirs. Hadrat Muaz (r.a) ordered that half for the daughter and half for the sister. Rasulullah (s.a.w) was alive at that time. (This Hadith is narrated by Bukhari and Abu Dawood. Words are taken from Bukhari
page 379 kitabul faraiz) From this Hadith, it is evident, that taqleed (follow someone, without asking him proof with such a confidence that his interpretations will be according to Quran and Hadith) was existing in the time of Hadrat prophet (s.a.w). Questioner did not ask him for proof, and he accepted the judgement, bear in mind that Hadrat Muaz (r.a) has an authoritys status in religion. This is called Taqleed. Hadrat Muaz (r.a) was sent by prophet (s.a.w) himself. There is no narration reported against this verdict. Neither any rejection, nor any objection been narrated from prophet ( about it. Therefore, it is materialized that allowable of Taqleed in the life time of Hadrat prophet (s.a.w) without any discard were grounded.

5th Hadith
Hadrat Salim (r.a) narrated that Hadrat ibn Umar (r.a) was asked about a person who has a debt to pay on a specific time. But the lender cuts some money if the borrower pays earlier. Hadrat ibn Umar (r.a) did not like this arrangement. (Muatta Imam Malik page 23)
In this particular case, no sound Hadith been reported. It is ibn Umars Qias. Questioner did not ask him for proof. To accept this judgement is Taqleed, and not to provide proofs by ibn Umar (r.a) is allowing the Taqleed. Thus the action of Hadrat ibn Umar (r.a) confirms the permissibility of Qias and Taqleed respectively.

6th Hadith
Reported by Hadrat Imam Malik (r.a) that he received a news from Hadrat Umar(r.a) that somebody borrowed some grain from another person on a condition that he must pay him back in a different city. Umar (r.a) disapproved it. (Muatta Malik page 34)
In this case also, no sound Hadith been reported. The answer was given from Qias. Reference was not provided in the answer. Questioner even did not ask for it. Without proof he accepted the answer. This is Taqleed. Therefore both are legalized by the action of Hadrat Umar (r.a) too.

7th Hadith
Narrated by Sulaiman bin Yasar that Hadrat Abu Ayub Ansari (r.a) was coming to perform Hajj. On the way to Makkah, in the jungle he lost his camel. After completing Hajj he came to Umar (r.a) and related the whole story. Umar (r.a) says now do as the other umrah performers do. Thereafter open your umrah cloths. Next year come for Hajj, and do Qurbanee with whatever means you will have.(Muatta Imam Malik page 131 kitabul hajj)
From this Hadith it is known that those sahabahs who could not do Ijtihad, they used to follow the other Mujtahideen (Jurists) sahabah. Hadrat Abu Ayub Ansari is a sahabi as well. But he did not ask Umar (r.a) for proof. Now listen to Tabieens (who met sahaba) narrations regarding Taqleed.

8th Hadith
Narrated by Ubaid bin Abu Saleh, he says that I sold some barley to people of Dar-e-Nakhla with a fixed price and with specific time. Then I decided to set off for Kufa. So these people asked me to drop the price down basis on cash payment. I asked Hadrat Zaid bin Thabit (r.a) about this dealing. He replied, I do not grant permission for you. Neither I allow you to consume anything from it nor feed the others. (Muatta Imam Malik page 33)
In this incident too, Hadrat Zaid bin Abu Saleh did not ask proof to Hadrat Zaid bin Thabit (r.a). This is Taqleed. Among sahabahs and Tabieens such a narrations are so huge, even in the blessed era of Hadrat Prophet (s.a.w) between sahabas or between sahaba and Tabieen this type of asking and answering are so many, that it is difficult to confine them.

2nd object

Legal status of reasoning and Taqleed

Outline a ruling by doing Ijtihad (psychoanalyse) is valid. Similarly, act upon the wanting of Hadith by using Ijtihad is applicable as well. Considering technical meanings and leaving out the literal meanings are not against Hadith or rejection of Hadith. In case of many possibilities give preference for one meaning is legitimate. This kind of Ijtihad is permissible, as well as Taqleed too.

1st Hadith
Narrated by ibn Umar (r.a) that on the day of AHZAB Rasulullah (s.a.w) told sahabah until you reach BANU QURAIZAH no one should perform Asr salah. But, the time of Asr was due before they were reached there. So disagreement took place among them. Some say we will not read Asr salah until we get there and others say no, we will read salah. Because Rasulullah (s.a.w) meant that you travel so fast, so you can reach in BANU QURAIZAH before Asr salah. Later on when this story was related to prophet (s.a.w) neither he accused anyone nor punishment issued for anybody too. (Bukhari 2nd volume page 591)
In this incident, some sahabah used the power of Ijtihad by looking at the theme of Hadith and performed salah, which is of course, one of the possibilities. But prophet (s.a.w) did not accuse them, why did you act against the literal meaning of Hadith? In the same token, he did not offend the others as refrainers of Hadith.

2nd Hadith
Hadrat Anas (r.a) reported that somebody had an affair with a slave girl. Prophet (s.a.w) ordered Ali (r.a) to execute that person. Ali (r.a) came and found him in the well cooling his body. Ali (r.a) commanded him to come out. He spread his hand; Ali (r.a) took him out of the well. His condition was

despicable. So Ali (r.a) did not punish him. He informed Hadrat prophet (s.a.w) about it. Rasulullah (s.a.w) welcomed Alis (r.a) decision. In another narration it says, that prophet (s.a.w) said what an on-lookers can witness, you can not sight from far. (Muslim page 136 kitabul hudud)
In this incident prophet (s.a.w)s order was specific and clear. But Hadrat Ali (r.a) forwarded it on circumstances. That is why he did not punish him. Prophet (s.a.w) not only accepted the decision, rather welcomed it, despite being contrary to literal meaning of Hadith. From this, it is known that, activation of Hadith according to circumstances is not opposite to Hadith, though it goes against the literal meanings of Hadith.

3rd Hadith
Narrated by Hadrat Anas (r.a) that, once Muaz (r.a) was sitting behind Nabi (s.a.w) on a conveyance. Hadrat prophet (s.a.w) called him three times and each time he answered. Then prophet (s.a.w) said to him whoever with conviction proclaims that there is none worthy of worship but Allah and Muhammad is the messenger of Allah. Jahannam is haram for him. Muaz (r.a) asked prophet (s.a.w) can I pass the message to others, they will be excited. Prophet (s.a.w) said NO. They will rely on it only. When Hadrat Muaz was approaching death, fear of sin he disclosed the message. (I.e. concealing religious knowledge is haram) (Bukhari and Muslim.Mishkat page 6)
Look, this Hadith literally means not to pass the message. But Hadrat Muaz (r.a) with a power of Ijtihad located it on probability of specific time limit. Later stage he disclosed it. From this, it is proven that sahabah never used to consider working out reasons and deriving rulings from Hadithes are objectionable. Otherwise it is obvious that they should consider them as subjective worship and no debate would have had taken place among themselves.

4th Hadith
Abu Abdur Rahman Salami narrated that Ali (r.a) read out his sermon. It was consisting that Ali (r.a) says one slave girl committed adultery. Prophet (s.a.w) ordered me to lash her. When I came to her, Id seen that she had just given birth. If I lash her, Im afraid she would die. I told prophet (s.a.w) about it. He said, you have done a good thing. Leave her now, Let her get better.(Muslim,
Abu Dawood, Tirmizipage 136 kitabul hudud)

Ali (r.a) through his power of Ijtihad looking at the other common evidences postponed it on postnatal borne. Despite being there was no restriction in the Hadith. Prophet (s.a.w) welcomed the decision. It is an example for those people who says Sura Fatiha should not be read behind Imam, they refer the Hadith LA SALATA ILLA BI FATIHATIL KITAB (no salah without Sura Fatihah) on Munfarid (who reads salah alone) because of the other Hadith which narrated by Sufyan quoted in Abu Dawood. (It will appear at the end of the book.) So it is incorrect to label them as discarder of Hadith.

5th Hadith
Narrated by Hadrat Saad bin Ubadah that he asked Hadrat Prophet (s.a.w) if somebody finds another person sleeping with his wife, should he kill him? Prophet (s.a.w) said NO. Saad says why not he should be killed? By the being of that, who sent you with a true religion, first of all I will finish him with my sword on the spot. Rasulullah (s.a.w) said to the audience; listen to your leader, what is he saying? (Muslim, Abu Dawood, Mishkat 2nd volume page 401)
External thinker would say (Allah forbid) that, this sahaba rejected the Hadith. No, never; otherwise prophet (s.a.w) would have scolded him instead of praising him by using honourable word syeed (leader). Because, in other Hadith, it is forbidden to call a Munafiq (hypocrite) as syeed. Without doubt being a Muslim rejecter of Hadith will be a worse Munafiq. If it is the case, then why prophet (s.a.w) called him a syeed? In fact he thought that if you want to save yourself from qisas (counter death), then do not kill him. Rather bring witness. Otherwise, killing that man will be unlawful. So he meant that I would be killed in Qisas. Because, in the court I will not have any witness. But I do not care, I will never spare him. So in this situation killing itself is lawful. Thus it is not rejection or denial of Hadith. If a Mujtaheed with power of Ijtihad takes delicate meaning of Hadith and avoid literal meaning---- then it is correct to act upon it. And will not be regarded as rejection of Hadith.

6th Hadith
Ibn Abbas (r.a) narrated that there is no significance for pilgrims to stop in Mahsur (A place). Because, it was a stopover for prophet (s.a.w). (Bukhari,
Muslim and Tirmizi page 131) An act which is occurred from prophet (s.a.w) is a proof as Sunnah. That is why Ibn Umar (r.a) opined --it is a Sunnah. On the contrary, another well respected Sahabi with his own Ijtihad is saying that it is not a Sunnah. By chance prophet (s.a.w) stopped over there. From


this, it is known that Sahaba never used to consider this kind of Ijtihad as opposite to Hadith. According to Hanafi school the Hadith reported about reading sura Fatiha in Janazah, is not an objective Sunnah. Coincidently, as Thana and Dua, prophet (s.a.w) read it out. Similarly, to stand in the middle of corpse was not intentionally; rather it was by chance for a different reason. Thus Hanafi scholars can not be reproached.

7th Hadith
Reported by Abdullah that Asma Binte Umays (Abu Bakars wife) gave him a bath when he passed away. Then she asked Muhajireen Sahabah (emigrants) who were present there I am fasting and it is a very cold day, do I have to bath? They replied NO. (Muatta Malik page 228)
It is stated in the Hadith with imperative form that bathing oneself is obligatory (wajib) after giving bath to a dead body. But Muhjireen sahabah referred it as non obligatory ritual. If someone unable to carry out any wajib action, he may perform tyammum instead. But sahabah did not order her to do so. And they did not consider it is against Hadith too.

3rd object Muhaddith and Mujtaheed (Scholar of Hadith and Jurist)

An individual, who does not have qualification for Ijtihad (psychoanalyse), may not do Ijtihad. Somebody may be well qualified in Hadith, but it is possible that he may not be a Mujtaheed (jurist). Because collections of Hadith do not qualify a person as Mujtaheed (jurist).

1st Hadith
Narrated by Ibn Abbas (r.a) that, in the time of Hadrat Prophet (s.a.w) someone was injured. Then he had a wet-dream too. His companions instructed him for bathing. He took bath and died. When Rasulullah (s.a.w) heard the news, he said they killed him, may Allah kill them. Why did they not

ask? It was sufficient for him to do tayammum, put a bandage and rub over it. And wash rest of the body. (Abu Dawood page 293 kitbut taharat)
His companions with their own logic assumed that the ruling from the verse of the Quran WA IN KUNTUM JUNUBAN FATTAH HARU (clean yourselves if you are unlean) is common between fit and excused persons. Another verse WA IN KUNTUM MARDA (if you are sick) is definite with minor impurities only. Basis of this ground they issued the fatawa. Rasulullah (s.a.w) did not reject this fatawa because of the Ijtihad; he rejected the fatawa because these people were not qualified to issue a fatawa.

2nd Hadith
Hadrat Adi ibn Hatim (r.a) narrated when the verse revealed WA KULU WASH RABU HATTA YTABY ANA LAKUM UL KHAYTUL ABYADU MINAL KHAYTIL ASWADI (and eat and drink, until the white thread of dawn appear to you distinct from its black thread2) I put one white thread and one black thread under my pillow. Some portion of the night I could not make out any differences. In the morning I told prophet (s.a.w) about it. He replied your pillow is so massive that day and night were squeezed under your pillow.(Reported in five books of Hadith, Mishkat page 42)
This Sahabi was not qualified in Ijtihad. Despite being his mother tongue is Arabic, he could not understand the meaning of Quran. Out of joke Prophet (s.a.w) rejected his mistake.

3rd Hadith
Ata ibn Yasar reported that someone asked Hadrat Abdullah ibn Amar ibn Aas that somebody before intercourse gave three talaq (divorce) to his wife. Ata replied, a virgin gets only one talaq. Abdulla said what you know about fatawa? With one talaq she can gets baeen (severed). By receiving three talaq, until she gets married to someone else, can not marry the first husband.
(Muatta Malik page 314)

Sura Baqara verse 187


Hadrat Ata (r.a) is a great scholar and a Muhaddith. Regardless of his calibre Hadrat Abdulla did not consider his Fatawa as trustworthy, only because of lacking Ijtihad. By using the words INNA MA ANTA QASS pointing out that, he is not a Mujtaheed. In brief, reporting of Hadith and a Mujtaheed are two different things. Now, listen to the evidence which provides information that, a person may be well-qualified in Hadith but does not necessarily mean he can be a Mujtaheed too.

4th Hadith
Hadrat ibn Masud (r.a) narrated that Rasulullah (s.a.w) said May Allah freshen that person who listen to my Hadith, memorise it, preserve it and convey it to others. Because, some reporters are not profound in the field as conveyed. (Reported by Shafee and Baihaqi in Mudakkal.and reported by Ahmad. Tirmizi,
Abu Dawood, Ibn Majah and Darami by Zaid ibn Thabith.Mishkat page 28) In this Hadith it is apparent that some Muhaddith or Hafiz ul Hadith (well-qualified in Hadith) may not have deep understanding or they have less understanding on the subject.

Analysis: Essence of Ijtihad

Now listen to the Hadithes which will open up the door for power of Ijtihad.

1st Hadith
Reported by ibn Masud (r.a) that Rasulullah (s.a.w) said Quran was revealed on seven qirats (recitation style). Every verse has an inner and outer dimension. I.e. for inner dimension require deep understanding and for outer Arabic knowledge. (Sharhus Sunnah, Mishkat page 27)

2nd Hadith
Urwa ibn Zubayr (r.a) narrated that I asked Hadrat Ayesha (r.a) regarding this verse Innas safa wal Marwata( Safa and Marwa are among the symbols of

Allah. So if those who visit the house of Allah in the season or other times, should compass them round, it is no sin in them.3) It seems that, if someone does not do tawaf of Safa and Marwa he is not a sinner. (Taking literal meaning, the external thinker will consider such meaning). Hadrat Ayesha (r.a) said, nephew, you made a great mistake. If this verse meant what you thinking, then the sentence would have been LA JUNAHA ALAIHI ALLA YATTUWFA BIHIMA. (I.e. there will be no sin if someone does not do tawaf). Zuhri said, I informed Abu Bakar ibn Abdur Rahman about it. He said I did not know this knowledge before. (Malik, Bukhari, Muslim, Abu Dawood, Tirmizi, and Nasaee. Mishkat
page 41)

3rd Hadith
Hadrat Ibn Masud (r.a) reported regarding the virtues of Sahaba, that they were the best among entire ummah, their hearts were cleanest, knowledge were deepest and life were simple. (Razin, Mishkat page 24)

4th Hadith
Narrated by Abi Juhaifah that I asked Ali (r.a) that, there are some texts in your possession which are not included in the Quran. By the being of that who gave life to a morsel and created souls, I do not have any sort of knowledge like this, replied Ali. But of course Allah has bestowed upon me with unique understanding of Quran, added Ali.
(Bukhari, Tirmizi and Nasaee Mishkat page 403)

5th Hadith Narrated by Zaid bin Thabith (r.a) that, in the time of Ahle Yamamah Hadrat Abu Bakar (r.a) sent somebody to call for me. On reaching there, I found Hadrat Umar (r.a) waiting for me. Abu Bakar (r.a) told me, Umar (r.a) suggested him that in the battle of Yamamah a lot of Hafiz e Quran (Quran

Sura Baqara verse 158


memorisers) had been martyred. If it carrys on like this, I fear, a huge portion of Quran will be lost. So he is asking me to compile the Quran. I (Abu Bakar) told Umar (r.a) the task prophet (s.a.w) did not do how I can undertake such a mission? By Allah this is an outstanding work, persevered Umar. Until my heart was gladdened like him (Bukhari and Tirmizi Mishkat page 88)

Some points are note worthy from above mentioned five Hadithes. 1. In the Quran and Hadith some meanings are clear while others are concealed and complex. These secrecies are causes and rules. They are called treasures of the Quran. First Hadith is the proof regarding Quran. One ahead of it, which is also narrated by ibn Masud (r.a), is the proof for Hadith. Considering external meanings student is more profound than the teacher is does not make sense. That is why it is clear both are focusing on inner meanings of Hadith. 2. Depth of understanding the Quran and Hadith vary, according to intellectual standard. Some could not go beyond the external meaning while others can reach inner dimension of treasure. Second Hadith is indicating on it. Clue in the verse is not so hard, but Urwa (r.a) could not understand it, whereas Ayesha (r.a) comprehends it. It was a very delicate matter that is why Abu Bakar bin Abdur Rahman showed gratitude to Urwa after hearing this and designated it as ilm (knowledge). 3. Every two persons have some differences. Dissimilarities of understanding in every occasion do not categorize the comprehended man more virtuous. Then what makes him more virtuous? Definitely, it is some special degrees, which is third Hadith pointing out. 4. This special degree can not be achieved by academic qualifications. Rather it is a gifted rank. Fifth Hadith representing on this issue. In the initial stage Abu Bakar (r.a) looking at the external meaning of Hadith, bear in mind the wicked effect of bidah (innovation) was confused about usefulness of compiling Quran. When hidden cause was exposed in his heart and wickedness of bidah removed, protection of religious obligation became top priority, now his heart was satisfied. Through research it appears that, the above mentioned Hadithes are pointing out a lot of other things as well. Fear of length, we just discussed one Hadith for one object only. Because, our aim is to show the special degree which mentioned in the Hadith is achieved through power of Ijtihad.


So the outcome from these Hadithes: Ijtihad is talented, power of understanding for special knowledge, and god gifted of course. The scholar attains contentment by using this power widely. Because, in this position he becomes aware of hidden causes, complex meanings, and ethics of rulings. Other people can not even reach there. Sometimes this contentment changes the view. In this case he gives up the first one. This power is captioned in different

understanding, Fiqh, Opinion, analyse, psychoanalyse and contentment etc.

places of Quran and Hadith as

4th object Permissibility of individual Taqleed (conformity) and its meaning

1st Hadith
Hadrat Huzaifa (r.a) narrated that prophet (s.a.w) said, I do not know how long I am going to live with you. Follow these two persons after me and gestured towards Abu Bakar and Umar.(Tirmizi)
In Hadith, the word MIM BADEE (after me) is indicating their time of caliphate. Otherwise, without caliphate both of them were present in front of him. So prophet (s.a.w) meant, as a caliph follow them. Obviously, caliph will be one at a time. Follow Abu Bakar when he is a caliph and follow Umar when he is in the office. Each one should be followed for a specific time. He (s.a.w) never ordered to ask proof from them too. It is not a common practice to seek proof for every Masala. This is individual Taqleed. Key point of individual Taqleed is, when someone needs to ask a Masala, he should turn to a scholar with confidence and act upon it with his instruction. Here we are not talking about its requisites. It will be discussed soon. The aim here is only to discuss its permissibility and acceptance according to Sunnah. So it is proven by the grace of Allah (s.w.t) in the aforementioned Hadith quoted just now, though for a specific period.


2nd Hadith Narrated by Aswad bin Yazid................

This is a same Hadith which we related in the 1st object, Hadith no 4. By this Hadith Taqleed materialized as Sunnat. Similarly, it proves the individual Taqleed as well. When Rasulullah (s.a.w) sent Muaz (r.a) to Yemen as a preacher, then definitely he allowed Yemenites to turn to Muaz in every matter. This is individual Taqleed.

3rd Hadith
Summary of this long Hadith is: Narrated by Huzail bin Shurahbil that Hadrat Abu Musa (r.a) was asked a Masala. Same Masala was asked to Hadrat Ibn Masud (r.a) and informed him about Abu Musas opinion as well. But Ibn Masud gave a different Fatawa. Hearing this Abu Musa said, since this learned scholar is living with you, do not ask me a Fatawa. (Bukhari, Abu Dawood and
Tirmizi Mishkat page 379) Everybody understands the statement of Abu Musa since this learned scholar is living with you, do not ask me a Fatawa. What he meant? He meant, if someone needs to ask a Masala, he should turn to Ibn Masud with confidence and act upon it. This is individual Taqleed.

5th Object Nowadays individual Taqleed is necessary and why?

To categorize anything as wajib (necessary) are two kinds A. If unique emphasise was given in the Quran and Hadith. e.g.: Salah, fasting etc. These kinds of necessities are called objective necessity. B. Particularly no emphasis was given for the matter. But those things which were given emphasized in the Quran and Hadith can not be achieved normally without acquiring this matter. Like, to collect Quran and Hadith and write them down in the form of book,


nowhere in the Sharia any stress has been given. In fact, Hadith goes against the obligation of writings.

4th Hadith
Ibn Umar (r.a) reported that, Rasulullah (s.a.w) said, we are an illiterate nation. Do not know calculating and writings. (Bukhari, Muslim, Mishkat page 166)
Hadith is clear on subject. In general terms, if writings are not wajib (obligatory), then how come writing something special (Quran) will be wajib? However, protect and safeguard Quran and Hadith is significant. From experience it is verified that, without writing them in paper, naturally it would have been impossible to protect them. That is why; writing Quran and Hadith is signified as necessary (wajib). Since then, unified resolution is been carried on in entire Ummah regarding this necessity. This kind of necessity is called effective necessity. When it is said that, individual Taqleed is necessary, it means effective necessity. Not objective necessity. That is why, specific verse or Hadith regarding Taqleed by mentioning name is not available. Despite writing Quran and Hadith were discouragious, but still it is considered as wajib without a question. Aurther more, it is not regarded as opposite to Hadith. Similarly, individual Taqleed is wajib, but does not require a proof from Quran and Hadith. On this topic there are two issues to be discussed. 1. Pointing out those objects that dilemma will occur, if individual Taqleed is not followed nowadays. 2. Necessity of these objects. The objects in first issue as follow: A. Sincere Intention for knowledge and deed has to be only for religion. B. Top priority should be given on religion over the desires. I.e. Desires should follow the religion, not the other way around. C. Safeguard oneself from any suspicious act, which is harmful for religion. D. Not to go against rightly guided predecessors unanimous decisions. E. Do not exceed the boundary of religion.

It is proven by experience that, if individual Taqleed is not followed, mischief erupts. Nowadays most characters are corrupted and people comply religion with own purpose. Related Hadithes are demonstrating all information about it. This is known to the scholars. Anyway, if individual Taqleed is not followed three dilemmas will occur.

1. Details: corruptions by leaving individual Taqleed

Some people will consider themselves as Mujtaheed (jurist). They will bring all those Hadithes, which allows the permissibility of Ijtihad and say, Ijtihaad is not specified with only one group. We are educated, translation of Quran and Mishkat we read also or we heard it from so and so Ulama and understood it. Then why should not be our Ijtihad accepted? When Ijtihad will be common for everyone, just imagine how much alterations and changes will take place! For example, possibly someone will say, predecessors Mujtahideen took in to account those rulings, which ones are linked up with causes. Thought like this is reasonable and sound. Similarly, rulings about wudu, I would say, it is connected to a cause. Reason for this is that: Arab people, most of the time used to graze their camels and goats in the field, their hands get dirty with excretions and the same hands touches the face. So, they were ordered to make wudu, that these places must be cleaned. On that ground, those places are washable in wudu, which are usually unwrapped. We have a bath every day; stay in the secure homes with luxury, whole body is clean at all times. So wudu is not wajib on us. Without wudu salah will be valid. Actually, which order is linked up with which reason and which one is not, exclusively understood by the outstanding knowledgeable Imams. Now interfere against it, merely a wrong idea. Or someone might say, in marriage, witnesses are not necessary. It will be needed only where there is possibility of dispute. Otherwise in absence of such a fear you do not need witnesses. So without witness marriage is valid. Even it is possible, someone might take into consideration that, ruling will be in order, despite scholars unanimously taken it off. Like Muta (marriage for a fixed period), he will claim that, it is valid. Taking these three examples under consideration, guess how much one has to go against unanimous decisions, taken by predecessors. It is abandoning the D object out of five.

Reality of Ijma (unanimity)

Ethics of Ijma is that, entire scholars of the time should unify in one decision. If someone stays away from this unity, he will be regarded that, possibly he does not have correct evidence and will be excused from wrong. Rulings of above mentioned three examples

are similar. Only disagreement in Muta, but because of non reliability towards authentic evidence it is not regarded as harmful for Ijma. Normally, non participation in Ijma is not harmful for Ijma precisely. Otherwise it will be very difficult to verify the channels of authenticity about Quran. It is proven in Hadithes of Bukhari that, according to Ali (r.a) recitation of called off ayat (mansukh) must be included in the Quran. Hadrat Abu Darda (r.a) in sura Lail WA MA KHALA QAZ ZAKARA WAL UNSA the word WAMA KHALAQA and Ibn Masud (r.a) AUZU BILLA and BISMILLA used to consider excluded from Quran, although it is lasted for a short period of time. But segment must be included and non segment must be excluded; is an established fact over the ages. Everyone believes that, Quran is protected at all times. These people were wrong in providing evidence. No one among predecessors or successors considered it is harmful for Ijma. Instead they were regarded as excused.

2. Some people will not do Ijtihad, neither they will follow any mujtaheed
Second dilemma is: some people will think Ijtihad is not permissible at all. So they themselves will not do Ijtihad, neither they will follow anybodys Ijtihad too. Only they will take external meaning of Hadith and act upon it. One downfall here is, those rulings, which ones are silent in the text (Quran and Hadith), they will not do any Ijtihad about it. Because, they do not consider it is lawful to do Ijtihad. So they will rather observe silence and commit wrong actions. Obviously, it is abandoning E from above mentioned five. These kinds of rulings are so many that, it is impossible to enumerate. It will be apparent by looking at the Fatawas. Another thing is that, some Hadithes are definitely cannot be acted upon it by taking external meanings only. For example:

Hadith: Reported in Muslim that, Rasulullah (s.a.w) read Zuhar and Asr together. Magrib and Isha together without fear or travelling (Mishkat 240)
Without excuse, it is not permissible to read two salah together. It is clear in the Hadith. Thus, interpretation is needed for Hadith by using power of Ijtihad. Otherwise violation of D will commence.


3. They will not do Ijtihad themselves, nor they will act on external meaning of Hadith
Third dilemma will happen, they will not do Ijtihad themselves, nor will they act on external meaning of Hadith as well. In fact, in difficult matters, they will follow non limited Imams. Sometimes one Mujtaheed will be followed, and sometimes other Mujtaheed. In some occasions, it will go against Ijma. For example, according to Imam Abu Hanifa wudu will be broken by taking out blood. In this instance, this person will say, I follow Imam Shafee. So wudu is not broken. Later on, same person touched a woman with desire of sex, as per Imam Shafee wudu is broken. But now he will say, I am Imam Abu Hanifas follower. This means, his wudu is not broken. Thus, without a fresh wudu he read salah. Unanimously, his wudu is broken although reason is different. That is why, as stated by all, this salah is not valid. Subsequently, it is the violation of D in above mentioned rules. Even though in some cases it will not go against as much as Ijma is concerned, but in several matters, he will follow the one, which suits his desires. So eventually, if one Imams opinion does not meet his wanting, then he will look for another Imam. His Ilm (knowledge) and Amal (actions) will not be for the sake of Allah. Apparently, it will be opposed of A in fives. By leaving out individual Taqleed these five phenomenons will be affected. A. Sincere Intention for knowledge and deed has to be only for religion. B. Top priority should be given on religion over the desires. I.e. desires should follow the religion, not the other way around. C. Safeguard oneself from any suspicious act, which is harmful for religion. D. Not to go against rightly guided predecessors unanimous decisions. E. Do not exceed the boundary of religion. First issue is proved. Now second issue, i.e. these five matters are objective necessity. It is proven by the Hadith.

1st Hadith:
Hadrat Umar (r.a) reported to have said that, Rasulullah (s.a.w) said the reward for deeds depends entirely on intentions, and everyone is paid in accordance with the nature of his intention. Whoever migrate for the sake of

Allah, he will be rewarded according to it and if migrates for the worldly affairs (to earn it or for a woman to marry her) he will get what he desired for.
(Bukhari and Muslim, Mishkat page 3) In this Hadith, first phenomenon i.e. obligation for sincerity of intention is apparent. Look, migration carries such a significant weight that in other Hadith it is reported that previous one year sins are forgiven. But when worldly affairs penetrated, everything become useless. Prophet (s.a.w) jeopardized about it. Obviously, it is for the leaving out of a wajib action.

2nd Hadith:
Hadrat Abu Huraira (r.a) reported that, Rasulullah (s.a.w) said, If someone learns such an Ilm (knowledge) that Allahs favour can be achieved through it. But he uses it for the worldly gains. On the day of judgement, he will never smell the fragrance of jannah. (Ahmad, Abu Dawood, Ibn Majah and Mishkat page 26)
How severe warning about those people who ask Fatawa to acquire some worldly benefit! However, this Hadith is also proving the necessity of no 1.

3rd Hadith:
Reported by Abdulla ibn Amar ibn AAs that Rasulullah (s.a.w) said, none of you will be a proper Muslim, until your desires follow my teachings. (Mishkat page 23)
This Hadith is proof for the second object.

4th Hadith:
A long Hadith reported by Hadrat Numan bin Bashir (r.a) that, Rasulullah (s.a.w) said, suspicions lead you to commit forbidden actions. (Bukhari and
Muslim Mishkat page 233) Form this Hadith it is known that, if something is doubtful, then stay away from it. Scholars famous saying: the object leads you to haram. It is haram also.

5th Hadith:
Reported by Atia Sadee that, Rasulullah (s.a.w) said, A person will not be included among pious people, until he stays away from such a thing, which is not suspicious in nature, but resemble to it. (Tirmizi, Ibn Maja, Mishkat page 234)

According to Quran Taqwa (piety) is wajib (obligatory). In this Hadith piety is connected to stay away from such a suspicious thing, which leads to commit sin. So, it is became wajib to stay away from suspicious thing. It is proving B on subject.

6th Hadith:
Reported by Abu Malik Ashari (r.a) that, Rasulullah (s.a.w) said, Allah has saved you from three catastrophes: 1. Your prophet will not curse you that, all of you may destroy. 2. Falsehood will not over power all rightly guided people. 3. You will not unify in a wrong decision.(Abu Dawood 363)

7th Hadith:
Narrated by Hadrat Muaz bin Jabal (r.a) that Rasulullah (s.a.w) said, verily Satan is a wolf for men. He catches the goat which one is lost from herd and stayed far away in the corner. Save yourselves from different sects and Link up with a group of common Islamic scholars. (Ahmad,Mishkat page 23)

8th Hadith:
Reported by Abu Zar (r.a) that Rasulullah (s.a.w) said, If someone separated himself one span from rightly guided group, he pulled out an Islamic chain from his neck. (Ahmad, Abu Dawood, Mishkat page 23)
Above mentioned three Hadithes are proving that, if Ummat E Muhammadi become united in a decision or mutual resolution take place among them, it will not lead them to astray. Rather, contrary to it will be astray or off the tracks. Allah says FAMA ZA BADAL HAQQE ILLAD DALAL. Stress has been put forward towards collective decision and warnings were


given for separatists. Thus, oppose of Ijma is non permissible and leading to astray. So it is wajib (necessary) to act upon required Ijmas entity. This is the proof for no 4 object.

9th Hadith:
Hadrat ibn Abbas (r.a) reported that, Hadrat Ali (r.a) asked Hadrat Umar (r.a) O, leader of believers, you are aware of it that, prophet (s.a.w) said three persons are free from obligations: 1. Immature, till he become an adult. 2. A sleeping person, until he woken up.

A mad person, until he become sane.

(Abu Dawood page 136) This matter is so obvious that, it does not need any evidence. Moreover, this Hadith is indicating that, except those persons who are free from obligation, everyone else is responsible. No one is allowed to exceed the boundary of Sharia. Allah has affirmed it in the Quran AFA HASIBTUM ANNAMA KHALAQNAKUM ABASAN in another place AA YAHSABUL INSANU AY YUTRAKA SUDA. So fifth object also been proven. Necessities for these five objects were the establishment of second issue. With a grace of Allah (s.w.t) both issues are proved. So, individual Taqleed is materialized. In brief, individual Taqleed is a pre condition for wajib, and of course requirements are essential for necessity.


Pre conditions are wajib too

This rule is so well known that, it does not need any explanations. Out of consent one Hadith is prescribed.

Narrated by Aqaba bin Amir that, I heard from Rasulullah (s.a.w), if someone left the archery after learning it, he is none of us. Or he says he is a sinner.
(Muslim, Mishkat page 228) It is clear that, archery is not an objective worship in Islam. But it is a pre requisite for the time being to establish Allahs religion. That is why; warning was uttered against given up archery. It is an example for the necessity of time. Now two misconceptions can arise from above discussions. 1. It is proven from preceding pages that common people get misled if individual Taqleed is not followed. So it should be wajib for common people. Why this Fatawa is given for everyone else? Answer: common people are focused when rules are made to prevent corruption. Considering them, rules are applied. Scholars say if something is doubtful for common people; it is Makruh (dislike) for elite class. Regarding this, following Hadith is presented:

Hadith: Reported by Jabir (r.a) that Umar (r.a) came to prophet (s.a.w) and asked him, we hear some discussion from Jews and it sound good. Could you grant us to write down some of them? Prophet (s.a.w) said would you like to be confused in your religion like Jews and Christians? (Ahmad,
Mishkat 22) Since it was a strong possibility for common people to be misguided, that is why prophet (s.a.w) prohibited it for everyone. Staunch and dedicated personality like Umar, was not even granted the permission. From this, it is clear that, if there is a fear for wide spread mischief, then elite people also come under prohibition in a

condition that, it is not an obligatory action in religion. So this misconception is removed.

Another Hadith: Reported by Shaqiq that, on every Thursdays, Hadrat Abdullah ibn Masud (r.a) used to give us advice. One of us begged him, our heart desires that, may you preach us every day. He says I do not like that, you feel bored. That is why sometimes I stop. Like prophet (s.a.w), fear of boring used to take a break. (Bukhari, Muslim and Mishkat page 25)
It is evident that everybody in the gathering can never feel bored. Aspiration in the question is pointing out towards it. Keeping in mind the majority people, he played equal role for everyone and said, it was the habit of prophet (s.a.w). So this rule is proved by the action of prophet (s.a.w). Lot of rules are based on this kind of narrations. So this misconception is removed also. 2. Second misconception, in fact, it is nothing. Necessity of five objects definitely proved by the Hadith. But dilemma on five objects by leaving out individual Taqleed linked up with the experience and occurrence; not in the Hadith itself. So, if one part proved in the Hadith while the other one is not, then how content will be established? Answer: what happened here, in sharia every matter happens like this. For example, someone is 20 or 25 years old. According to all scholars and sound persons, salah is obligatory upon him. If proof has to be asked about it, everyone will say according to Quran and Hadith salah is obligatory on him. But Quran and Hadith say mature person is obliged to read salah. Now whether this person is mature or not; it is not stated in the Quran or Hadith. It has to be determined through experience and research. No one says, one portion is not proven by Quran and Hadith, so obligation of salah is not applicable on that person. Actually, Quran and Hadith describe only overall rules, not the particular once. Certainty of matter comes to an existence through observation. When any matter appears in the Quran and Hadith, it is regarded as proven by Quran and Hadith. This discussion will remove above mentioned misconception. Furthermore, it is established that, this is an effective necessity not the objective necessity. Thus with a grace of Allah (s.w.t) no doubt is left and without a speck of dust necessity of individual Taqleed is been proved.


Why maz-habs are limited in four

There has been a lot of Mujtahideen (jurists) in the pages of history. Why Maz-habs are restricted in four? Moreover, why did you follow the Maz-hab of Imam Abu Hanifa?
Answer: it is proven that, Individual Taqleed is important and to accept different opinions, causes misconduct. That is why, it is important to follow such a Maz-hab, which rules and regulations are compiled in a manner that, latest answers are available either comprehensively or partially. So, one does not have to turn to other views in need. It is Allahs favour that, this unique excellence earned by four maz-habs only. Thus, one of the four maz-habs has to be selected. By choosing fifth maz-hab, same problem will arise that; attention will reverse to four maz-habs, if the answers are not available in fifth. So heart will carry on pedalling, until it fell in to the dilemma aforementioned. This is the reason, to restrict the maz-habs in four. On this basis, majority scholars conducted their deeds from ages. Some scholars added, AHLE SUNNAT WAL JAMAT is unanimously restricted in four maz-habs.

Why choose Hanafi maz-hab?

Second question, why did you choose Hanafi maz-hab? Answer: Imam Abu Hanifas maz-hab is spread, where we are based in. Scholars and books are available. If we choose other maz-hab, it would be difficult for us to derive rulings. Through research and practice scholars become so expert in their own maz-hab, that they can not go depth in the other maz-hab as that much, although reading of the books are easy. It is apparent to a scholar.


Anywhere you go, you still Hanafi, why?

Where there all maz-habs are spread, why are you still Hanafi over there? Answer: Because of above mentioned vital importance, we were following Hanafi maz-hab all along. Now switch to other maz-hab, will be abandonment of individual Taqleed. Consequences are spoken already. Furthermore, there should be a reason for leaving one maz-hab and take another. The person wants to switch the maz-hab; he should be qualified to make preferences. If he does not have the ability of Ijtihad, he would not know the reason of preferences, even if he understands a bit. it will open up a door for common people who like to follow the desires and abandon individual Taqleed. If anything, which leads common people to do mischief, elites are prevented from that. That is why scholars prohibit switching the maz-hab. If someone accepted Islam today or someone leaves non maz-hab and decided to follow a maz-hab, why should he follow Hanafi maz-hab? Answer: If this person in a place, where Hanafi maz-hab is spread, it is preferable for him to follow Hanafi maz-hab. But if he is in a place, where all maz-habs are active, in this instance he can not obliged to follow Hanafi maz-hab. Rather he has an equal choice, whichever mazhab his heart desires, he should follow and continue to follow the same maz-hab. If a specific muqallid (follower of maz-hab) goes to a place, where there is no scholar available for his own maz-hab and he himself not an Alim (knowledgeable), it is necessary for such a person, to ask the ulama, which maz-hab should he follow? But it is a rare case. Insha Allah our objective has been fulfilled in this chapter.


6th object Answers to some misconceptions

1st Misconception

Quran rejects the Qias (analogy)

In the following verse of Quran Allah condemned Qias (analogy) and logic. INNAZ ZANNA LA YUGNI MINAL HAQQI SHAYA. I. e. Assuming do not help to find out the truth. Analogies themselves say, Qias is mere assuming. Answer: First of all, Assume means not common assuming. Other wise, this verse will contradict the Hadithes, which are in favour of Qias. Secondly, majority Hadithes are khabar e Ahad (I. e. only one narrator in the chains of narrations). Khabar e Ahad provides, only assuming power. Some Mutawatir (huge number of narrators) hadithes require interpretations. Now, to accept one interpretation, is imaginary. Therefore, (may Allah forgive) to act upon Hadithes, will be non permissible. Thus, assume does not mean common assuming. In fact, in the verse assume means absolute determination. Another place Allah says: WA KALU MA HIA ILLA HAYATU NAD DUNYA NA MUTU WA NAHYA WA MA YUHLIKUNA ILLAD DAHAR.WA MA LAHUM BI ZALIKA MIN ILMIN IN HUM ILLA YAZU NOON. Translation: and non believers say we have only worldly life. Some of us die and some of us are born. Only time destroy us. Yet, they do not have any proof. They just assuming. Definitely, non believers belief that, time is the doer; is not based on assuming, actually, it is their claim without a proof. Allah described it, as assuming. Similarly, in the first verse assume means without proof.


2nd Misconception

Verse in the Quran rejects Taqleed

Hereunder this verse of the holy Quran condemned Taqleed too. WA IZA KILA LAHU MUT TABIU MA ANZALAL LAHU KALU BAL NATTABIU MA WAJADNA ALAIHI ABA ANA AWA LAO KANA ABA A HUM LA YA KILUNA SHAY AW WALA YAH TADUN. Translation: When these non believers were asked to follow those rules, which Allah has revealed. They say no, we will follow the way, which is followed by our forefathers. Allah (as denial of their claim) saying, will they follow their forefathers in every steps? Neither their forefathers understood the religion, nor were they guided. It is known, that despite being availability of Quran and Hadith following the path of forefathers is incorrect. In another verse: FA IN TANA ZA TUM FI SHAYIN FARUD DUHU ILAL LAHI WAR RASUL. When disagreements take place among you, turn to Allah and His Rasul(s.a.w). Translation of this verse is pointing out that taqleed of non believers and subject matter taqleed, which one we are speaking about, are two different things. There are two reasons have been described for condemning non believers tqleed: 1. They used to reject the Quran and say, we do not believe it, and we follow our forefathers. 2. Their forefathers were illiterate in religious knowledge. The Taqleed we are speaking about, these two reasons do not exists. Not a single Muqalleed (follower of maz-hab) say, I do not believe in Verse or Hadith. Moreover, everyone say my religion is Quran and Hadith. But I am an ignorant or illiterate person, unable to do Ijtihad. I have a good faith in so and so scholar or Imam that he has a deep understanding of Quran and Hadith. According to me whatever he understood, it is correct and preferable. Thus, I am following the Hadith by accepting his interpretations. That is why scholars say, Qias beautify the rules not establishes the rules. Sometime, it appears in details and sometime in short. But purpose is same. In fact, no Muqalleed (follower of maz-hab) rejects Quran or Hadith. The followed person is not an illiterate person. Rather, his intelligence and guidance is well-known. Because these two reasons do not exist here, so verse does not condemn this


kind of Taqleed. Even it can not mean common Taqleed too; other wise it will contradict the Hadithes, which ones are in favour of Taqleed.

3rd Misconception

Qias opposite to Hadith

In the Hadith it appears, applying logic in religion, is a blameworthy act. Logic, other word is Qias. So Qias is not permissible. Answer: Logic does not mean common logic. Other wise, it will contradict the Hadithes which approve the permissibility of Qias. It means those opinions, which ones are not based on Quran and Hadith. Only based on guess. Like in this Hadith:

Hadith: Hadrat Ali (r.a) reported that, if religion was based on logic, then wiping socks from underneath would have been more logical than wiping it on top. But I saw Rasulullah (s.a.w) wiped it on top. (Abu Dawood page 291)
Contrary to it, logic of Mujtahideen (jurists) based on Quran and Hadith. It is proven by the sayings and actions of Sahaba.

4th Misconception

Qias condemned by Salaf (predecessors)

In condemnation of Qias, some predecessors remark AWWALU MAN QASA IBLIS, I. e. first person, who did Qias was Satan. Therefore Qias is haram. Answer: by the word Qias does not mean common Qias. Otherwise, it will contradict the Hadithes which in favour of Qias. The Qias, which occurred by Satan, that he denied the conclusive evidence by Qias, without a doubt this kind of Qias is haram. In fact, it is a kufar. Adversely, the Qias of Mujtahideen, it is to enlighten the meaning of Quran and Hadith.


5th misconception

No imams said, follow me

Mujtahideen (jurists) Imams said, without a proof it is unlawful to act upon our statements. So the person you love to follow, he himself rejects to be followed. Answer: In this statement, Mujtahideen (jurists) did not address those people, who have the qualification to do Ijtihad. Other wise, their statement will be against those Hadithes, which allows the Ijtihad. (In object 1). Secondly, it will be against their own actions and other reports as well. Nowhere it is related that, jurist must provide every answers along with proofs. Even the fatawa books they wrote, they did not comply with such a proofs. Like Jame e Sagir etc. It is obvious that, answer whether it is in writing or verbally, main aim is to act upon it. So this action itself is a Taqleed. In HIDAYA AWALAIN etc is reported from Imam Abu Yusuf that, if somebody takes out blood while fasting, and he is aware of this Hadith AFTARAL HAJIMA WAL MAHJUM (blood sucker and sucked both has broke the fast), basis of this Hadith, he thought that, his fast is broken and ate intentionally, then compensation (kaffara) will be obligatory on him. Following quotation Imam Abu Yusuf provided as proof: LI ANNA ALAL AMI AL IQTIDA BIL FUQAHA LI ADAMIL IHTIDA FI HAQQIHI AY MARIFATIL AHADIS (Hidaya page 206).

Translation: It is obligatory for common people to follow the scholars. Because, they are not enlightened with the meaning of Hadith.
Only this statement is enough to prove that, jurists addressee are not those people who do not have the power of Ijtihad. In fact, they meant those people, who are capable of doing Ijtihad. By contemplating in the statement, it become clear that the word, until proof is pointing out towards those people who can understand the proof. Those people, who unaware of proof, they can listen but will not enjoy it. So the person who do not understand the proof, it is improper to force him for understanding. It is logically and religiously unacceptable. Therefore, it is clear that, this address is only for those people, who are Mujtaheed (scholar).


6th misconception

Taqleed is bidat (innovation)

There was no Taqleed In the time of Rasulullah (s.a.w), the sahaba and tabeen. That is why; it is bidat (innovation). Answer: It has been described in the 1st object that, in those era Taqleed was well-spread. If you say, it was not like todays norm. Then answer is: when these norms are included in wider aspect of sharia, then how come it will be bidat? (Detail in the 5th object). Other wise, writings of Quran and Hadith will be bidat. In the initial stage, Hadrat Abu Bakar Siddiq (r.a) had a same doubt about collecting of Quran. Later on, it was removed through enlightening (noor) of his heart. (See 3rd object, 5th Hadith). Same settings here too.

7th misconception

Individual Taqleed is bidat

Nowhere in the Quran and Hadith is found, the necessity of individual Taqleed. So it is bidat. Answer: in the 5th object we stated meaning of necessity, evidences from Hadith and related doubt and answers.

8th misconception

There was no maz-hab before Imams

If Taqleed is wajib, then how come predecessors, before Imams (Abu Hanifa, shafee etc) were unaware of it? Answer: Because, it is an effective wajib, it regulates on urgency. It is connected with need. Predecessors were not bound to this obligation, because of their noble character, clean

hearts, moral excellence and piety. That is why; individual Taqleed was not wajib on them. Rather, it was permissible for them. This is the interpretation for those books, which contains the non permissibility of Taqleed. I .e .Taqleed is connected with misconduct. When corruption erupts in the society, Taqleed become wajib. Other wise, not. Nowadays corruption everywhere, so it is became wajib. This kind of wajib varies time to time. Unlike the objective wajib, they do not change in any circumstances. Once Hadrat prophet (s.a.w) prohibited the sahaba to recluse and be in lonely. Then again he said, very soon time is coming when loneliness will be wajib. From this, it is evident that, something may be not wajib even permissible in particular time, but later on change of circumstances it becames wajib. Similarly, individual Taqleed might not be wajib in previous time, but became wajib later. It is not an unusual thing.

9th misconception

Why can not we do Ijtihad?

Ijtihad is not prophet hood, which is finished. We can do Ijtihad too. As a mujtaheed, we do not have to follow anyone else. Answer: Logically and as well as religiously it is not impossible to possess the power of ijtihad. But ages has passed, this power has been vanished. It is very easy to examine. Take such a fiqh (Islamic jurisprudence) book, where no prove is been provided. Get 100 questions from different chapters. Prove it through the light of Quran and Hadith along with your rules. Now, compare your answer with Mujthideens answers and their evidences. Your label of understanding and their rank of thoughtfulness will be so clear, that in future you will never take the name of Ijtihad again. It is proven to foresight people that, after the 4th century this power has been disappeared. For instance, the profound memorising ability Allah has bestowed the earlier muhadditheen (scholars of Hadith); nowadays it is not familiar with anybody. Memorising ability is not prophet hood; but finished. Similarly power of Ijtihad is not prophet hood but finished too. Power means, the special degree of Ijtihad, which was granted to the eminent jurists. They used to derive rulings for common contemporary issues and lay down the principles. Give preference to one matter by comparing the evidences or derive rulings from set principles, is not objectionable. But can not call it Ijtihad and the person can not be titled as Mujtaheed (jurist).


Moreover, nowadays there is no fear for Allah and no care is being found in the hearts. Even presumably, if someone has the above mentioned quality, then it is to open up the door for every tom, dick and harry to do whatever they want to do in religion.

10th misconception

Understanding Quran and Hadith are easy, then why follow Maz-hab?
Quran and Hadith are very easy. Allah says in the Quran WALA QAD YASSAR NAL QURANA LIZ ZIKRI FA HAL MIN MUDDAKIR I.e. and we have indeed made the Quran easy to understand.(Qamar, Ayat 17). Furthermore nowadays translations are available everywhere. Not hard for anybody to understand. Then, why should follow Taqleed? Better to do amal (act) by looking at the books. Answer: The Hadithes which are written in third object, 1st Hadith is indicating that, in the Quran, some meanings are clear on subject and some are complex and hidden. Above mentioned verse is indicating towards clear meanings of Quran. Ijtihad is needed for the complex and hidden meanings. Overall going through in the 3 rd object, one will realize how much deep understanding is required to know the complex and hidden meanings of Quran. 11th misconception

Taqleed against Hadith

It is stated in the Hadith AD DINU YUSRUN I e religion is easy. Because of restrictions Taqleed is difficult. So it is against religion. Answer: Religion is easy; it does not mean that, heart must not feel any difficulties. Otherwise, what will be the meaning of verse WA INNA HA LA KABIRATUN ILLA ALAL KHA SHI EEN it is indeed hard, except to those who are humble. (2:45). It is against practical custom too. Is it not hard to fast in summer? Is it not difficult to make Wudu in cold days? Is it not challenging to get up from deep sleep for salah? In fact, there is no decree has been issued in religion, which goes against human nature. In other verse Allah says LA YU KALLIFUL LAHU NAFSAN ILLA USAHA. I.e. on no soul Allah place a burden greater than it can bear.( Baqara, ayat 286) So in this point of view individual Taqleed is easy. That is why it is not against religion. Beside this, in the 5th object individual Taqleed has been proved separately, so no scope for such a question.

12th misconception

Follow sahaba, not Imams

If Taqleed has to be followed, then follow the sahabas like Abu Bakar, Umar etc. Why four Imams? Answer: It is stated in the 5th object that, for Taqleed is required an established Maz-hab. unfortunately, none of the sahabas Maz-hab is existing. Moreover, through four imams following of sahabas are carrying on.

13th misconception

Following the clear matters in the Quran

Those matters, which are clearly described in the Quran and Hadith, is it necessary to follow maz-hab in these matters? Answer: These types of matters are three kinds: 1. Ayats (verse) or Hadithes are conflicting. 2. Ayats or Hadithes are not conflicting, but meanings comprises of different possibilities. So depending on various views, some meanings are more preferable than others. 3. No contradictions in anyway, and one meaning are obtainable only. To remove conflict in the first category, a jurist must do Ijtihad and non jurist should follow the rules (Taqleed). Second category is called assuming evidences, to accept one meaning from various possibilities require Ijtihad and Taqleed. Third category called affirmed evidences. Here we do not allow Ijtihad or any taqleed too.


14th misconception

Some masalas are against Hadith

Some Masalas are against Hadith, why Taqleed is followed there? Answer: if these three objects are found in a masala, then it can be classified as opposite to Hadith. These three objects are: 1. The meaning of the masala is correct. 2. Aware of its references. 3. Sufficient knowledge for reasoning. If any one of these objects does not exist, then it will be wrong to say opposite of Hadith. For example, Imam Abu Hanifas famous opinion, salatul istisqa (salah for rain) is not sunnat. It seems that, this opinion is against Hadith, because salatul istesqa is proven by the Hadith. So statement of Imam Abu Hanifa means, salatul istisqa is not an emphasized sunnat. Since prophet (s.a.w) in a plain field sometime read salah for rain and some time just made a dua without salah. Bukharis this Hadith may present in this regard:

Hadith: Reported by Anas (r.a) that, while prophet (s.a.w) was giving sermon on Friday, somebody stood up and requested, O prophet of Allah, all horses and goats are dying. Please, make dua to Allah for rain. Prophet (s.a.w) raised his hands and made dua. (1st volume page 127)
There is hardly any masala goes against Hadith. All masala based on Hadith. If any is found, right away Imam changes his fatawa. Lot of evidences like this in the fiqh books can be retrieved. (Summarized)


15th Misconception

Why maz-habs are limited in four?

Lots of jurists have passed in history, then why maz-habs defined in four? Answer: in the 5th object we stated that others maz-habs are not recorded. So, sorry. 16th Misconception

Claiming ijma on four maz-habs

Some people claim, Ijma (unanimousity) on four maz-habs. In every century some scholars are found against Maz-hab. Answer: Probably, aim by Ijma is majority ummats opinions. This kind of Ijma is assuming ijma. To prove this claim, assuming evidence is enough. Oppositions demand was not considered as important over the ages. Detail were discussed in 5 th object that, all disagreements are not harmful for Ijma. Beside that, reason is proved separately in 5th object, so even if there is no ijma, no harm.

17th Misconception

Following an unknown person

If individual taqleed is necessary, then a known person must be followed. Other wise common people, who do not even know Imam Abu Hanifa, they will be in error. Because without knowing a person, adherence can not be perfected. Answer: Knowing is common between wider aspect and abridged characteristic. Those people who do not know Imam Abu Hanifa in detail, but they have a brief recognition about him. They follow a local Alim (scholar) in a sense that, this Alim is an adherent of a functioning maz-hab locally. Like obey Amirul muminin (leader of Muslims) is wajib, when he is in power. It is also depend on his recognition, but hundreds of people follow him without knowing him personally. Main object is to conform, not disagreement; and it can be achieved by overall recognition. Similarly, purpose of individual Taqleed is to stop sign of corruption and desire worshiping.


18th Misconception

Hanafis majority proofs are weak

Those Hadithes are provided by Hanafi maz-hab as references, majority of them are weak. Some of them are non provable. Contrary to this, other maz-hab have stronger and preferred Hadithes. Why acting upon non preferred one and leaving the stronger one aside? Answer: first of all, to say majority proofs are weak is not acceptable. Lot of proofs are taken from six authentic Hadith books (siha sitta). By going through in references, subsequently it become evident that, the Hadithes are taken from other books are authentic according to standards of muhadditheen (scholar of Hadith). Because, it is not necessary that, all authentic Hadithes would be in sihah sitta (six authentic Hadith books) only, or other way around, I. e. only siha sitta contain sahih Hadithes. It is known to scholars. The rules classify the Hadithes as weak and strong, are imaginary. In some cases, muhadditheen are divided too. Main point here is to confirm, whether the narrator is sound or not. Obviously, this rule is also imaginary. When these rules are imaginary, is it necessary for everybody to grade them as proof? If a scholar formulate a different rule and put them in action, why will it be rejected? But it is possible that, a Muhaddith may not consider it as proof, while a jurist will go for it. Secondly, Hadithes are not weak in its nature. Weakness occurs because of narrator. Probably, a Hadith reached to a jurist by authentic chains and later on, a weak narrator came in. So later weakness can not harm the former authenticity. If question arises, what about succeeding followers proofs, then the answer will be, a follower provides the proof willingly. His proof is his jurist. Beside that, when a jurist had considered this Hadith as proof and proof depend on authenticity, it means; jurist has certified this Hadith already. Scholars say AL MUJTAHIDU IZAS TADALLA BE HADITHIN KANA TASHI HAN LAHU MINHU (when a jurist takes a Hadith as proof, it is like; he himself is the authority for that Hadiths authenticity). Even chain of narration is unknown. Like TALIKAT E BUKHARI, so this Hadith will be authentic to a follower. Therefore, it is correct to present this hadith as proof. Thirdly, invalid proof does not invalidate the content. Because it is possible, this content is proven by other authentic evidences. Like Qias (analogy). So any weak Hadith or non provable evidence does not annul the subject matter. If it is proven that, there is no valid evidence or it is goes against clear Hadith, then answer we gave briefly in 14th misconception and inshallah in object 9, we will speak in detail.

19th Misconception

Imam Abu Hanifa (may Allah forbid) was not a Mujtaheed

If following of maz-hab is necessary then, follow a proper Mujtaheed (jurist). Imam Abu Hanifa was not a Jurist. A jurist requires vast knowledge of Hadith. According to some historian Imam Abu Hanifa knew only 17 Hadith. Some say he is a weak narrator. Therefore we can not rely on his masalas neither his narrations will be reliable. Answer: The historian, who made this comment about Imam Abu Hanifa, he himself wrote in the same book concerning Imam Abu Hanifa, he is a great jurist in Hadith; scholars regarded his maz-hab trustworthy and reliable in analysis and acceptance. According to complainer, a jurist must have vast knowledge of Hadith, yes, it is. View of this historian, Imam Abu Hanifa is a jurist. So obviously, he is a Muhaddith (scholar of Hadith) too. Thus, whatever he wrote, it is against his own research. May be, it is his mistake or some other writers or transcribers mistake. Or may be, this comment was made for someone else, mistakenly he quoted it by Imam Abu Hanifas name. The word it has been said pointing out towards this weakness. Furthermore, this comment is against logic and facts. If interpretation is not done here, then this comment will be void. If someone reads Imam Muhammads MUATTA, KITABUL HAJJ, KITABUL ATHAR, SEEOR E KABIR, and Imam Abu Yusufs KITABUL KHIRAJ, MUSANNAF E ABI SHAIBA, MUSNNAF E ABDUR RAZZAQ, DAR E QUTNI, BAIHAQI and books of TAHAVI, and counts, all narrations of Imam Abu Hanifa, then he will realize, how grave this lie is! According to some scholar of Hadith, like IBN HAJAR ASQALANI in one narration, Imam Abu Hanifa, is from TAB E TABEEN (second generation from sahaba) and other scholars view, like KHATIB BUGDADI, DAR E QUTNI, IBNUL JAUZI, NAWAWI, ZAHABI, WALIUD DEEN IRAQI, IBN HAJAR MAKKI, SUYUTI and one narration of IBN HAJAR ASQALANI, Imam Abu Hanifa is from among TABEEN (who met sahaba). The person who was so closer to prophet (s.a.w), and the era was filled with widespread religious knowledge, common sense does not agree that, this person knows only 17 Hadithes! Yet, historian himself clarified that, if any historical fact goes against obvious common sense, it will be rejected. So this misconception is removed that, Imam Abu Hanifa is not a jurist. Other thing he is a weak narrator-----Zahabi in TAZKIRATUL HUFFAZ related that, Ibn Mueens quoted regarding Imam Abu Hanifa, nothing wrong with Imam Abu Hanifa and he is not in err. Ibn Mueen, who is such a great critics, remark like this, it is equal to Ibn Hajar etcs remark as trustworthy.


Ibn Abdul Barr says, Ali ibn Madani reported:


Above mentioned all narrators reported from Imam Abu Hanifa and all of them were trustworthy. There was no speck of doubt about them. Shubas opinion about him was very good. Yahiya ibn Mueen said, our people exceeded the limit about Imam Abu Hanifa and his companions. Somebody asked him, Does Abu Hanifa narrate fake Hadith? He replied, NO. After such a great predecessors declarations, there should not be any wickedness about Imam Abu Hanifa. (All this informations are taken from moulana Abdul Hay Lacknowis UMDATUR REWAYAH) 20th Misconception

Imam Abu Hanifa was a Murjia

In GUNIA, companions of Abu Hanifa are branded among Murjia sect. So Hanafies are erroneous people. Answer: I do not have GUNIA at the moment. Other wise, I would have gone through and checked it out. Right now, I can quote a statement from SHARHE MUAFIQ, where all erroneous groups are listed. Among them, one sectarian leader called GASSAN KUFI, he used to describe himself as a Murjia and connected to Imam Abu Hanifa. In fact, it was a blame on Imam Abu Hanifa. His aim was, to spread his ideology by using Imam Abu Hanifas name. Allamah Amadi said despite that, everyone considered Imam Abu Hanifa and his companions are from MURJIA AHLE SUNNST WAL JAMAT. Most probably, in the previous days Mutazilas used to brand anybody, who oppose them in the matter of fate, as Murjia. Or may be, because Imam Abu Hanifa opined, Iman is the conviction of heart. It does not increase or decrease. that is why rumour spread that, Imam Abu Hanifa is a Murjia. In fact, it is not the case. From above mentioned statement, some answers are derived:

1. Gassan spread rumour about Imam Abu Hanifa to gain his evil target. 2. Out of jealousy Mutazila branded ahle sunnat as murjia and Imam Abu Hanifa was included there. 3. A misconception took place regarding Imam Abu Hanifas explanation of Iman. So interpretation needed for GUNIAs statement, or may be something wrong in reporting this statement. Because Murjias ideology is condemned and it is written in Imam Abu Hanifas book. Then how can he be a Murjia?

21st Misconception

Instead of Muhammadi why do you call yourself a Hanafi?

Instead of attributing yourself to prophet (s.a.w) and saying MUHAMMADI, why do you call HANAFI? Is it not a sin and shirk? Answer: HANAFI means, who follows the maz-hab of Imam Abu Hanifa.

Hadith: Reported by Irbaz bin Saria that, Rasulullah (s.a.w) said, follow my way of life and the life style of rightly guided caliphs. (Ahmad, Abu Dawood, Tirmizi and Ibn
Majah. Mishkat page 22) Look, in this Hadith prophet (s.a.w) attributed and referred the religious conducts to rightly guided caliphs. It means, religious matters can be attributed to a non prophet depending on circumstances. Thus, if someone attributed maz-hab to Imam Abu Hanifa, what sin is it? What shirk did he commit? Maz-hab is a religious way, which Imam Abu Hanifa did interpretation. Someone following him in a sense that, Imam Abu Hanifas interpretation is most preferable to him. If he was attributing Imam Abu Hanifa (May Allah forgives) as an owner of the rules, then definitely it would have been shirk. In this sense, it is not permissible to attribute towards prophet (s.a.w) too. Allah says WA YAKU NAD DINU KUL LUHU LILLAH, I. e. all religion belong to Allah. Is there any Muslim who will attribute Islam to a non prophet or beside Allah to someone else? When distinction needed between Christianity and Islam, then it is said, Muhammadi and when aim is to point out towards one Muhammadi route, then it is said, Hanafi etc. This time to say Muhammadi is earning the earned one. Circumstances are different. Without Muhammadi no one is Hanafi.


22nd Misconception

Why sometime Imam Abu Yusuf and sometime Imam Muhammad?

Sometime you follow Imam Abu Yusuf and sometime Imam Muhammad, even sometime other Imams too. So you are not following a particular person. Then where is individual Taqleed? Answer: In root principles both (Imam Abu Yusuf and Muhammad) are followers of Imam Abu Hanifa. Only in some minor cases, they opposed Imam Abu Hanifa, but rules are derived from him. According to RASMUL MUFTI, there is no harm to follow them in these cases. It does not mean, giving up individual Taqleed. Because, following a person is nothing but rules. Regarding other Imams, it happens in extreme cases. It is acceptable in sharia. The corruption occurs by abandoning Individual Taqleed; does not turn out here. Object of individual Taqleed, is to stop corruption and it is still exist here.

23rd Misconception

Chains of narration do not reach to Imam

From followers to Imam, Chain of narration is unknown. So it is improper to follow a statement, whose chain of narration is unknown. Answer: Chain of narration is required for a strange report, not for those reports, whose narrators are enormous. For the same reason, chain of narration was not considered important for Quran. Similarly, these statements reach to Imam in enormous ways. Because, when these statements were delivered from Imam, substantial amount of people were engage to pass it on to each other. So naming them is not important; important is: these reports trustworthy. Or in some cases may be not, but it is sufficient to act upon them.


24th Misconception

Jurists are divided in some cases and quite in some cases

In some cases, jurists reports are conflicting and in some contemporary matters, their rulings are unavailable. In the first case, one can not make up his mind what to do, and in the second one, permitting the Ijtihad, which is eventually open up the door for corruption. Answer: Firstly, the critical cases, who may lead to corruption because of differences of opinions, they are steady and answerable. In these extreme cases, jurists has given the opinion as preferable and non preferable. So there is no doubt arises here. Where there is both sides are equal, although it is a rare case, but principle for all maz-habs are same, so there is no fear for corruption. Regarding contemporary matters, ruling will be derived from the particular maz-habs principles and it is carrying on till now.

25th Misconception

Extremism in maz-hab
Some extremists regard, individual Taqleed as Fard or Wajib (compulsory, necessary) and objective worship. Even more. They avoid rules of Quran and Hadith. Indeed, it is a misleading act. If any act which mislead people, unanimously it is prohibited in Islamic Sharia. So Individual Taqleed should be forbidden. Answer: This rule will be applicable only on those actions, which are not necessary in Sharia. Like the Hadith we described in 5th object, where Hadrat Umar (r.a) ask to write down some Jewish folk. If corruption occurs in essential object of sharia, then necessary steps must be taken to prevent the corruptions and rectify the wrong doers. Not to stop the essential rituals. Quran was the cause for some peoples misconduct, but for that ground, preaching of Quran was not even abandoned for a day. Thus, individual Taqleed, which is an essential sharee act, if any err take place, then set it right, not abandon it. In fact, in this booklet, different place some way or other we tried to prevent this kind of extremism. Separately, we will discuss this matter in 7th object insha Allah. Finally, here are the answers of 25 misconceptions only. Insha Allah some way or other these ones will be enough for the other misconceptions also. Or else, Scholars are available everywhere, turn to them.

7th object Exaggeration in Ijtihad

Denial of Ijtihad is blameworthy, similarly exaggeration and extremism is condemned too. Taqleed is not carried out as Mujtaheed is the founder of shariat, it is adhered in a sense that, Mujtaheed is a clarifier of shariat and explainer of inner dimension of Allah and his prophets (s.a.w) goal. Until any obstacle crop up, it should be followed. If any matter, a profound, outstanding and moderate scholar with his own research or an individual, who derived it from a cautious Alim that, his heart agrees on the other side that, it is more preferable; then attention should be drawn towards non preferable side, whether is it possible to act upon it according to sharee rules. If it is possible in this situation, where fear of corruption and disunity will occur; it is better to act on non preferable masala. Proof is this Hadith.

Hadith: Hadrath Ayesha (r.a) reported that, prophet (s.a.w) said, didnt you know that when your tribe Quraish built the Kaba, they reduced it from Ibrahimi foundation. I said to him build it with that foundation, O prophet of Allah. Prophet (s.a.w) said if Qraishs time was not so nearer to Kufar, (Idol worshiping) I would have done it.
(Bukhari, Muslim, Tirmizi, Nasaee, Malik 368) I. e. misunderstanding will take place among people. They will say, look, destroyed the Kaba! That is why, stayed away. Despite, it was a preferable act to lay the foundation on Ibrahimi structure, but in the other side also, was acceptable to leave it in the present shape; though it is a non preferable action. Prophet (s.a.w) chose non preferable side fear of misunderstanding. When there was no more such a fear, Hadrat Abdullah ibn Zubayr (r.a) basis of this Hadith, built the Kaba on Ibrahimi structure, but later on Hajjaj ibn yusuf did not keep it in this form. Any way, Hadith is a proof on the subject matter.


2nd Hadith: Narrated by Ibn Masud (r.a) that, he performed four rakat fard salah on journey. Someone asked him, you questioned Hadrat Uthman (r.a) why does he read four rakat instead of two; and you yourself read four rakat? He replied, opposing is the cause of wickedness. (Abu dawood page 239)
It is evident from this Hadith that, even though desirable act to Ibn Masud (r.a) reading two rakat, but to avoid disagreement, he read four. Although it is non preferable to him. It means, he used to consider it is permissible also. These Hadithes are verifying the Hadith that, if non preferable side is permissible then, it is better to act upon it. If there is no scope to act on non preferable side, or act on it seems not permissible, and without Qias there is no other evidences are available, while clear Hadithes are available in preferable side; then, without any hesitation, it is wajib to act on Hadith. No way to follow Taqleed. Because basis of religion is Quran and Hadith, and main object by Taqleed is, to act upon Quran and Hadith with ease. When there is no match between two, actions will be carried out on Quran and Hadith. Insist on Taqleed on this situation, is condemned by Quran, Hadith and sayings of scholars.

Hadith: Reported by Adi ibn Hatim that, once I came to prophet (s.a.w) while he was reciting this verse (ITTA KHAZU AH BARAHUM WA RUH BANAHUM ARBAMAM MIN DUNILLAHI) I.e. previous people (Ahle kitab) made their scholars and saints as god beside Allah. Prophet (s.a.w) said they never used to worship them, but they used to accept and reject orders according to their scholars and saints versions. (Tirmizi page 59 kitabut tafseer)
Certainly, their versions used to be against Allahs book. knowing the fact, they used to prefer it, over the book of Allah. Obviously, it is a blameworthy act in the eyes of Quran and Hadith. Contrary to it, predecessors and scholars had the tradition that, if any statement appears to be against Quran or Hadith, immediately they should abandon it. Hadith hereunder is indicating regarding the issue:

Hadith: Reported by Numailah Ansary that, someone asked Hadrat Ibn Umar (r.a) about tortoise. He recited the verse KUL LA AJIDU FIMA UHIA ILYYA MUHARRAMAN ALA TA IEMIN YAT AMHU. I.e. I find not in the message received by me by inspiration any (meat) forbidden to be eaten by one who wishes to eat it. (6:145). He tried to explain the reason. Meanwhile, an old

person said, I heard from Abu Huraira (r.a) that, Rasulullah (s.a.w) said, tortoise is from impure. Ibn Umar (r.a) said, if this is Rasulullas (s.a.w) statement, then it is the final ruling. (Abu Dawood page 404)
Abandoning the previous opinion after clarifications, is Hanafi scholars constant principle. But for that reason, give up maz-hab and use indecent language about scholars is unacceptable. Because it is possible that, this Hadith did not reach to Mujtaheed or by a weak narration he received it, even likely for some legitimate reason, he did not consider this hadith is fruitful on the matter. So he is excused. It is a condemnable act also, to blame Mujtaheeds profound knowledge, that he did not get touch with Hadith. Some great knowledgeable sahabah also did not get some Hadithes for some time. Like this Hadith.

Hadith: Reported by Ubaid ibn Umair (r.a) that, Abu Musa asked permission to Umar (r.a). In reply to this, Umar (r.a) said, this saying of prophet (s.a.w) is left hidden from me. I wasted my times in the market places. (Bukhari 2nd volume
page 1092) Look, in the Hadith till this time, Umar (r.a) was unaware of this Hadith. But no one branded him as deficient in knowledge. Mujtaheeds situation is same also. It is haram to blame him. Similarly, a follower of maz-hab, who still following the Mujtaheed in a sense that, Mujtaheed is not against Hadith, and he himself does not understand the reasons of Mujtaheeds stand in details. This kind of follower can not be blamed, because he is adhering the sharee rules. In the same time, it is not permissible for this follower to blame other person who left maz-hab, because of above mentioned reason. Scholars say, in following maz-hab, impression should be, own maz-hab is correct with a possibility of wrong and regarding other maz-hab wrong with a possibility of right. Where there is possibility of righteousness in every maz-hab, it will be improper to brand somebody, as an astray, transgressor or innovator. How it will be acceptable to choose evil way of Jealousy, envy, grudge, fight, backbite, swear and curse which is of course haram?


Meaning of Ahle Sunnat Wal Jamat

The person whose view is A. against creed (aqaid) or B. contradict against unanimity (Ijma) or C. He holds evil opinion about predecessors. He is out of Ahle Sunnat Wal Jamat. Ahle Sunnat Wal Jamat are those people, whose creeds (Aqaid) are the way of Sahaba. Above mentioned three things are contrary to the creed of Sahaba. So definitely, this person is not among Ahle Sunnat Wal Jamat. He is from Ahle Bidat (innovator), and desire worshipers. Similarly, the person who goes beyond the limit in following maz-hab, that he starts to over look the Quran and Hadith, he also in mistaken. As much as possible, better to stay away from both groups and excuse yourself from fightings.

Some masalas
Here we are going to write some proofs from Hadith regarding salah so, it may become clear that, Hanafi followers are the adherent of Hadith too. For two reasons we are discussing the matter. 1. Too much tittle- tattle going on about it.


2. Scruple may arise, or it may promote that, salah is the most virtuous worship and day to day happening ibadah, and yet, Hanafi maz-hab right opposite to Hadith in terms of salah. How far this maz-hab will be reliable! These two misconceptions will be removed. We do not claim that, there is no Hadith on the other side; in fact, it is not important to claim that, other sides Hadithes are non preferable, or there is no possibilities in the proofs. For assuming matters, assuming proofs are enough. These kinds of possibilities are not harmful for assuming. Our aim is to proof that, we are not baseless. So, fellow may eradicate from doubt and questioners may stop from indecent languages. If asked, why you dont act on other sides Hadithes, reply will be, then there will be no Hadith follower left in the world. These masail with proofs hereunder:

1st masala

Time of zohr

Reported by Hadrat Abu Zarr (r.a) that, we were in a journey with Rasulullah (s.a.w), Muazzin intends to call out Azaan. Prophet (s.a.w) said, let it get bit cool. Again Muazzin tried, prophet (s.a.w) said let it get bit cool. For a third time when Muazzin attempted, prophet (s.a.w) said, let it get bit cool, until the shadow became parallel to the hill. Then Prophet (s.a.w) said, intensity of heat is from smoke of hell fire. (Bukhari volume 1 page 87)
When hills shadow will be parallel, obviously other objects shadow will be more than one length. So Hadith is clear on the subject. If Azaan call out at that time, definitely, by the time salah finishes, standard shadow will exceed from one length. So it is proven that, after one length time of zohr still remain intact.


2nd masala

Wodu does not break by touching private part

Hadrat Tualaq ibn Adi narrated that, someone asked prophet (s.a.w), after wodu, if someone touches his private parts, does his wodu break? It is a part of human body said the prophet. (Nothing will happen by touching it)
( Reported in Abu dawwod, Tirmizi, Nasaaee, and ibn Majah something to this effect. Misakat volume 1 page 33) Hadith is clearly proving the subject.

3rd masala

Wodu does not break by touching a woman

Reported by Aysha (r.a) that, Rasulullah (s.a.w) used to kiss some of his wives and without performing a fresh wodu he should read salah.
(Reported in Abu Dawood, Tirmizi, Nasaee and ibn Majah. Mishkat volume 1 page 33)

Another Hadith: Reported by Aysha(r.a) that, I used to sleep facing across prophet ( My legs should face towards his salah. When he goes to sajdah (prostration), he used to push my body, so I should squeeze my legs. When he stands up, I should spread my legs again. Hadrat Aysha says, those days there used to be no lamp in the house.
(Bukhari and Muslim. Mishkat page 66)


It is clear Kissing in the first Hadith and touching in the second Hadith are not breakers of wodu. 4th masala

Masah one fourth of head

By wiping one fourth of head, obligation is discharged. But sunnat is to wipe the whole head.

Narrated by Hadrat Mugira ibn Shuba (r.a) that, prophet (s.a.w) performed wodu and wiped front part of his head.
( Muslim, Mishkat volume 1 page 38) From this Hadith it is apparent that, prophet (s.a.w) did not wipe the whole head. Only front portion of head he wiped. Word used in the Hadith is MASAH means rolling. If hand is kept on head for rolling, then one fourth of the head automatically comes underneath of hand. That is why, obligation will be discharged by wiping one fourth of head.

5th msalah

Bismillah not pre condition for wodu

If Bismilla is not read in the wodu, wodu will be intact with a lesser virtue.

Reported by Abu Huraira (r.a) that, I heard from Rasulullah (s.a.w) saying, the person who takes Allahs name in the beginning of wodu, his whole body becomes clean, and if he does not take Allahs name I. e. does not say BISMILLAH then, only parts of wodu become clean. (Reported in Zereen page 287)
Unified opinion is that, in the wodu, only parts of wodu are obligatory to wash not the whole body. If obligatory parts are washed without BISMILLA then the wodu is done.


6th masala

BISMILLA should not be read audibly in salah

Reported by Anas (r.a) that, I read salah behind prophet (s.a.w), Abu Bakar (r.a), Umar (r.a) and Uthman (r.a), everyone used to starts with ALHAMDU LILLAH without Bismillah. Neither in the beginning nor at the end. (Reported in
Muslim volume 1 page 172) From this Hadith it is apparent that, BISMILLAH never used to be read audibly in the beginning of ALHAMADU LILLAH, not even in the qirat too.

7th masala

No qirat behind Imam

Neither ALHAMDU LILLAH, nor SURAH should be read behind Imam, irrespective of silent and audible salah.

Abu Musa Ashari and Abu Huraira (r.a) narrated that, Rasulullah (s.a.w) said, When Imam reads, you observe silence.
(Muslim volume 1 page 174 and Abu Dawood, Nasaee, Ibn Majah) In this Hadith, there is no restriction between mute and audible salah. Even no restriction between Qirat and Alhamdu lillah. More precisely, salah is common and Qirat is common too. So it is clear on subject. The Hadith LA SALATA LI MAL LAM YAQ RA BE FATIHATIL KITAB ( salah is not accepted without Alhamdu lillah) is specific for alone reader only (munfarid), not for that person, who reads salah behind Imam. Following Hadith is supporting the statement:


Narrated by Abu Naeem Wahab ibn Kisan that, he heard from Jabir bin Abdullah sahabi saying, If someone reads even a single rakat without Alhamdu lillah, his salah is not correct, except he reads alone.
( Reported in Tirmizi, this Hadith is hasan and authentic, volume 1 page 44) Clearly this Hadith is supporting the object. Another answer is like this that, (LA SALATA to end) in this Hadith, Qirat is common between literal and technical meanings. I. e. reading oneself or Imams reading is sufficient for him. Another Hadith may be presented as support too.

Reported by Jabir (r.a) that, Rasulullah (s.a.w) said, Whoever has an Imam, Imams Qirat is sufficient for him. (Ibn Majah page 61)
This Hadith is clearly providing evidence on the subject. To avoid contradiction between narrations, Qirat will be common concerning technical and literal terms. It is found in the following Hadith that, to avoid conflict, Hadrat Kaab (r.a) regarded, Salah is common and Hadrat Abu Huraira (r.a) accepted his interpretation. Briefly Hadith is here:

Hadrat Abu Huraira (r.a) came to TUR Mountain and met Hadrat Kaab (r.a). Their conversations were like this: Kaab: Accepted time is on Friday, last hour of the day, just before sun set. Abu Hurairah: Did not you notice what I said, prophet (s.a.w) said, that time was found by a believer while he was performing salah and yet it was not a salah time. Kaab: Did not you hear from prophet (s.a.w) said, if someone waits for the second salah, after performing first one. He is in the salah until other salah comes. Abu Huraira : Indeed, it is like that. Kaab: Same situation here too.
(Nasaee volume 1 page 211)

Do not read anything behind me, except Alhamdu lillah. Because if anyone does not read it, his salah is not correct.
This Hadith does not apply on Muqtadee (who reads salah behind imam). Because, sura Fatiha has the excellence that, whole salah exist on reciting it. This recitation can be technical as well, because of its excellence. To read anything else beside sura Fatiha, is for the beatification of salah. But no parts are specified except sura Fatiha. So, subject matter is providing the permissibility, and same time logically denying the negation. The word ANSITU in the first Hadith, an order, indicating of non recitation of Qirat. According to rule, if contradiction occurs between dos and donts; donts are activated and dos will be abandoned. Thus, there is no more misconception about this masala.

8th masala

Raising hands only in first Takbir

Hands should be raised, only first time (Takbir e Tahrima).

Reported by Alqama that, Hadrat Abdullah ibn Masud (r.a) said, Should not I teach you prophets (s.a.w) salah? Then he performed salah, and only first time (takbir e Tahrima) raised hands.
( Reported in Tirmizi, volume 1 page 36. this Hadith is Hasan and further imam Tirmizi said, in this subject there is other Hadith reported from Bara (r.a)

Narrated by Bara (r.a) that, when prophet (s.a.w) used to start his salah, he should raise his hands up to the ears. After that, he never used to do.( reported
in Abu dawood page 116)


Both hadithes are clearly focusing on subject.

9th masala

Saying AMEEN silently

In audible salah, AMEEN should be recited silently as well.

Reported by Alqama ibn Waeel from his father that, Rasulullah (s.a.w.) after reading GHAIRIL MAGDUBI ALAIHIM WA LAD DALLIN, then with silent voice he used to read AMEEN. ( Tirmizi vol 1 page 35 )
Quoted in Aynee that, this hadith is narrated in Imam Ahmad, Abu Dawood Tayalisy and Abu Yala Musily in their books (Masanid) and Tabrani in his Majam, Dar Qutni in his Sunan, and Hakim in his Mustadrak with the word WA AKHFA BIHA SOUTHA HU i.e. with silent voice said AMEEN. Hakim reported in his book kitabul Qirat with a word KHAFD( Silent). Further more, Hakim stated about this Hadith despite authentic narration, Bukhari and Muslim did not relate this hadith. Those questions were raised by Imam Tirmizi regarding this Hadith, Allama Aynee gave all the answers.

10th masala

Placing hands below navel

Folding the hands below the navel in standing- up position.

Abi Juhaifa narrated that, Hadrat Ali (r.a) said, Sunnat method is to place the hands below the navel in salah.


Another Hadith: Abu Huraira (r.a) reported, Fold hands below the navel in salah.
(Both Hadithes are reported in Abu Dawood VL 1 page 117)

Another Hadith:
Abi Juhaifa narrated that Hadrat Ali (r.a) said, Sunnat method is to place the hands below the navel in salah.( Zareen page 216) same Hadith reported in different

11th masala

Sitting posture in salah

Last sitting, should be similar to the first sitting.

Narrated by Hadrat Aysha (r.a) that, prophet (s.a.w) used to read ATTAHIATU in every two rakat, he should spread his left leg, while right one used to be upright. (Muslim volume 1 page 194)
This Hadith is relating prophets (s.a.w) habitual sitting posture in salah. It consists of both qaidas sitting position and the word FI KULLI RAK ATAIN (in every two rakat) made the subject clear.

Another Hadith:
Wail ibn Hajar reported, I came to Madina and decided to see the prophets (s.a.w) salah. When he sat down for Tashah- hud (attahiatu), he flattens the left leg and placed the left hand on the left thigh, at the same time, his right leg

was up-right position. ( Reported in Tirmizi page 40. Imam Tirmizi said, this Hadith is
hasan and sahih and majority scholars are acting upon it) Every action automatically does not become noteworthy. Circumstances make it significant. Here for a sahabi to watch prophets (s.a.w) salah with concentration, obviously he might have saw many salahs and relates it with great importance made the matter more significant. If there were any differences between two Qaidas then in this point he should have expressed it. Because silence is cause of mistake. So it is clear that both sitting position were similar.

Another Hadith:
Son of Hadrat Abdullah ibn Umar narrating from his father (Abdulla ibn Umar) that, sunnat in the salah to keep the leg up-right while toes must face the qiblah and sit on left leg. (Nasaee volume 1 page 173)

12th masala

Standing up straight in 1st and 3rd rakat

Narrated by Abu Huraira (r.a) that, prophet (s.a.w) used to stand up in the salah leaning on his toes. Imam Tirmizi said scholars are acting on this Hadith.(Tirmizi page 39)


13th masala

Reading Fajar sunnat, after sunrise

In fajar congregation, if someone did not read his sunnat, then it should be read after sunrise.

Abu Huraira (r.a) reported that, prophet (s.a.w) said, if someone did not read two rakat fajar sunnat, he must read it after sunrise.(Tirmizi volume 1 page 59)

14th masala

Witr is three rakat, no salam after two rakat

Witr is three rakat, no salam after two rakat, but must sit after two rakat. Before ruku qunoot must be read and raised hands by saying ALLAHU AKBAR before qunoot too.

Reported by Ubai ibn Kaab that, Rasulullah (s.a.w) used to read in 1st rakat of witr SABBI HISMA RABBIKAL ALA and in second rakat KUL YA AYU HAL KAFIROON and in third rakat KUL HUALLAHU AHAD. He never used to make salam except at the end.

Another Hadith:
Saied ibn Hisham reported that Hadrat Aysha (r.a) narrated that, Rasulullah (s.a.w) never used to make salam in second rakat of witr.
(Both Hadithes are reported in Nasaaee VL 1 page 248) Summary for both Hdithes are: Rasulullah (s.a.w) used to read three rakat in witr. Never used to make salam at the end of second rakat. Only in third rakat he should make salam.


Hadrat Ayesha (r.a) reported that, Rasulullah (s.a.w) used to read ATTAHITU in every two rakat. (Muslim vl 1 page 194)
This Hadith was discussed in masala 11.

Baihaqi and others reported from ibn Umar and ibn Masud (r.a) regarding raising hands by saying Allah Akbar in qunoot.
(Umdatur Riaya,by Moulana Abdul Hai page 99) Required masalas is proven from above mentioned Hadithes. Narration of Muslim by using the word every two rakat made it more evident in witr salah. 15th masala

No qunoot in fajar salah

Reported by Abu Malik Ashjaee that, I asked my father, you read salah behind prophet (s.a.w), Abu Bakar (r.a), Umar (r.a) and Uthman (r.a). Five years here in kufa behind Ali (r.a) as well. Did they used to read qunoot? (I. e: in fajar salah. Because this Hadith came in this subject). He replied, son, it is a bidat (innovation) (reported in Tirmizi, Nasaee and ibn majah. Mishkat vl 1 page 106)
Clear proof. we wrote these fifteen masaslas as an example. Similarly, with a grace of Allah Hanafis other masalas are not against Hadith. It becomes evident by reading the books. (Started in middle of ten days and completed in last ten days of Ramadan 1331 A H 1910 AD)


Some praiseworthy notes about Imam Abu Hanifa

Allamah ibn Hajar makky reported that, Rasulullah (s.a.w) said, the beauty of the

world will vanish in year 150 A H. Commentator Shamsud Din Kirdary said, this Hadith
was meant for Imam Abu Hanifa. Because he passed away in the very same year. Imam Abu Hanifas father Thabit took him to the presence of Hadrat Ali (r.a) in his young days. Ali (r.a) prayed for him. Ibn Hajar said, according to Imam Zahabi it is correct that, Imam Abu Hanifa in his childhood met Hadrat Anas (r.a). He was so matured that, he himself said, I saw Hadrat Anas (r.a) many times. He used to use red dye. Khatib wrote in his book the history of Bagdad that, Hadrat Imam Abu Hanifa met Hadrat Anas (r.a). Shaikh Wali uddin said, Imam Abu Hanifas reporting from sahaba does not reach the label of accuracy, but he was honoured with meeting Hadrat Anas (r.a). if elevated position of Tabee, does not require reporting from sahabi, then he is a Tabeee. He will be an illustrious personality as described in the verse WAL LAZINAT TABAU HUM BI IHSAN. I.e. the vanguard of Islam ---the first of those who forsook (their homes) and those who gave them aid, and (also) those who follow them in (all) good deed,---well-pleased is Allah with them. (9:100) If reporting is a condition, then he is not. Though, he will have the privilege among KHAIRUL KURUN virtuous era as described in the Hadith. Imam Tabari Shafee said, when Imam Abu Hanifas father Thabit passed away, his mother married to Hadrat Imam Jafar Sadiq and imam Abu Hanifa was looked after by Imam Jafar Sadiq. So, he is spiritually connected to prophet (s.a.w).

Imam Abu Hanifas some illustrious teachers

1. Hammad bin Sulaiman 2. Salmah bin Kuhail 3. Simak bin Harb 4. Abdullah bin Dinar 5. Ata bin Abi Ribah 6. Ata bin Saib 7. Ikramah Moula ibn Abbas 8. Nafe moula ibn Umar 9. Alkama ibn Mursid 10. Muhammad ibn saib 11. Muhammad bin Muslim Shihab Zuhri 12. Hisham bin Urwa

13. Qatada 14. Amar bin Dinar 15. Abdur Rahman bin Harmuz

Hafiz Al- Mazi wrote in TAHZIBUL KAMAL that it reaches to 4000.

Some illustrious students

1. Abdullah ibn Mubarak 2. Abdulla ibn Yazid Maqri 3. Abdur Razzaq ibn Hummam 4. Abdul Aziz ibn Abi Rawad 5. Abdulla ibn Yazid Al-Qarshi 6. Imam Abu Yusuf 7. Imam Muhammad 8. Imam Zafar 9. Hasan dawood Taee 10. Waqee 11. Hifs bin Gias 12. Hammad bin Abi Hanifa Allamah Suyuti and Mulla Ali Qari wrote, detail about Imam Abu Hanifas teachers and students. According to Hadith, a man is recognised by his friends. So, followers and followed also is a kind of recognition. That is why we added them up.

Some illustrious personalities who praised Imam Abu Hanifa 1. 2. 3. 4. 5.

Imam Malik Imam Shafee Imam Ahmad bin Hambal Yahya bin Mueen Ali ibnul Madani


6. Shuba 7. Abdullah ibn Mubarak 8. Abu Dawood ibn Juraij 9. Yazid ibn Harun 10. Sufyaan 11. Shaddad ibn Halim 12. Makki ibn Ibrahim 13. Yahya ibn Said Qatan 14. Asad ibn Amar 15. Abdul Aziz ibn Rawad 16. Suyuti 17. Ibn Hajar Makki 18. Zahabi 19. Ibn Khalkan Yafee 20. Ibn Hajar Askalani 21. Nawawi 22. Gazali ibn Abd Maliki 23. Yusuf ibn Abdul ha Hambali 24. Khtib Abdullah Juwaini 25. Author of Qamus Dumairi 26. Abdul Wahab Sharani Tahavi 27. Sibt ibnul Jauzi and others.

Some praiseworthy words used for Imam Abu Hanifa

Brilliant, Jurist, Imam, God-fearing, Dynamic, Devotee, Highest rank, Disregarded from world, Seeker of jurisprudence, Reliable, Authority, Most knowledgeable, Profound jurist, Preserver of sunan and athar, Thoughtful decision maker, Devotee in worship, Intense cry in the night, most intelligent, Sharp, Generous, Wealthy, Lover of cleanliness, Most sincere, Most reserved, Continue in humility, Miracle possessor, Worshiper, Ascetic, etc. Allamh suyuti reported from Khatib that, Imam Abu Hanifa himself said, if I find a Hadith then do not go for any other thing. In sahabas statements, I choose one over


the other and I debate with Tabeen. According to Khatib Kharzami, Hadrat Imam Abu Hanifa set up about 80,000 masalas. Death: After going through so much of oppressions and difficulties when sign of death appeared; he dedicated himself in sajdah and passed away. (Year 150 AH, 729 A D) Imam Abu Hanifas greatness is established by so strong references. What other doubt can arise? This is the criterion as a religious leader and a guide for the others. It is our topic.

Chronology of four Imams NAME









Translated by M.Abdul basit London 31.01.2009