Archive for September, 2012

Ahlul Hadeeth’s Approach To The Laws Of Islaam

Posted in Hadith Studies with tags , , , , , , on September 30, 2012 by TheAuthenticBase

Shaykh Mashhoor states:

“If Ahlul Hadeeth do not find anything within the revelatory sources of the Quraan and sunnah, they then take the statements of the companions. Anything they find in the Quraan they make the sunnah a judge on it, and anything found in the sunnah, they make the understanding of the Salaf judge on it.

If they do not find anything (in the Quraan or sunnah), they then take into consideration the statements of the companions.

According to Alhul Hadeeth, the companions’ statements in regards to creed (‘aqeedah) have more authority than the companions’ statements in regards to fiqh. The companions statements in regards to fiqh are of different levels as their ijmaa’ is not like the issues wherein there was difference of opinion.

And issues from them which became widespread are not like issues which emerged from just one of them and did not become widespread.”

[Taken from “The Madhhan Of Ahlul Hadeeth” by Shaykh AMshhoor, p. 60]

The Causes Behind Ahlul Ra’y Coming To Surface

Posted in Hadith Studies with tags , , , on September 20, 2012 by TheAuthenticBase

Shaykh Mashhoor stated:

“New things and circumstances emerged which led to the fissure between the madhhab of Ahlul Hadeeth and the madhhab of the jurists.

We said in Madeenah for example there remained inherited actions which were present during the time of the revelation, contrary to what was present in al-‘Iraaq wherein there was no inherited action.

‘Iraaq was conquered during the time of ‘Umar and therein people found things which were distant from the revelation and it was difficult to find a text which concurred with their dealings, customs and mustajadaat (acquisitions), thus Ra’y (opinion) overcame those lands.”

The shaykh says elsewhere in his book:

“Those who carry the Sharee’ah are of two types: Ahl Ar-Riwaayah and Ahl Ad-Diraayah, the former are the muhaddithoon (scholars of hadeeth) while the latter refers to the jurists (scholars of fiqh).

In the first and second generations, both Ahl Ar-Riwaayah and Ahl Ad-Diraayah were combined, and we mentioned that the view to follow Ra’y (opinion) and rulings on a newly important issue was well-known among Ahl Al-Hijaaz and Koofah.

However, the people of Koofah and ‘Iraaq inherited strange new matters as opposed to the people of Madeenah, hence there was juridical vastness in ‘Iraaq and this did not occur in Madeenah due to their lack of a need for that there.

Then later, this became a manhaj which they (the people of ‘Iraaq) adhered to especially after the Mu’tazilah mixed with Al Ar-Ra’y (the people of opinion), as most of the Mu’tazilah are Hanafee in their fiqh madhhan of the subsidiary matters.”

[Taken from “The Madhhab Of Ahlul Hadeeth” by Shaykh Mashhoor, p. 38]

The View Of Aboo Haneefah On Hypothetical Fiqh Issues

Posted in Hadith Studies, Methodology Of The Salaf with tags , , , , , , on September 10, 2012 by TheAuthenticBase

Aboo Haneefah would even derive verdicts for incidents that had not yet taken place during his time, a practise that the scholars before him disliked. They deemed it to be a waste of time because it occupied people’s time with matters in which there was no benefit.
Aboo Haneefah on the other hand, saw things in a different light: he felt that the job of the mujtahid is to prepare people to accept a ruling in fiqh, for though a matter might not occur during the life of the mujtahid, it might occur afterwards.

Al-Khateeb Al-Baghdaadee relates an issue which clearly shows Imaam Aboo Haneefah’s view in this issue:

When Qataadah came to Koofa, Aboo Haneefah met him and said, “What do you say about a man who leaves his wife for so many years that his wife supposes him to be dead, She  (then) marries another, but her first husband then returns to her. What do you say regarding her dowry?

In answer to this question, Qataadah said, “Woe unto you! Has this matter occurred?

Aboo Haneefah said, “No.”

He said, “Then why do you ask e about that which has not occurred?

Aboo Haneefah replied, “Indeed we are preparing for the problem before it arrives, and when it does arrive, we know its ins and outs.

Hence, his school came to be known as the “supposers”, or the school of those who hypothesized occurrences, saying, “Suppose that such and such were to happen or suppose that such and such occurred.

Through deductions and the study of hypothetical issues, the number of issues in the fiqh of Imaam Aboo Haneefah are indeed many. The author of “Al-‘Inaayah Sharh Al-Hidaayah” estimated those issues to approximately 1,270,000!

Because of his many deductions, some spiteful critics have said, “He is the most ignorant of people regarding what has occurred, and the most knowledgeable regarding that which has not occurred.

[Taken from “The Sunnah And Its Role In Islamic Legislation” Pp.490-492]