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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]

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The View Of The Majority Of Scholars On Hypothetical Fiqh Issues

Posted in Methodology Of The Salaf with tags , , , , , , , on August 30, 2012 by TheAuthenticBase

1) If Zayd Ibn Thaabit (ra) would be asked regarding an issue, he would first ask, “Has it occurred?” And if they answered no, he would say, “Then leave it until it occurs.

2) ‘Abdul Maalik Ibn Mirwaan asked Ibn Shihaab about a matter and the latter asked, “Did this happen O leader of the believers?

He said, “No.

So Shihaab answered, “Then leave it, for when it comes to pass, Allaah will give us a way out.

3) On one occasion when Imaam Maalik was ased about an issue he gave the answer to his students, but when one of his students said, “Suppose that it occurred in this way.

Imaam Maalik became very angry and said, “Are you one of the ‘Supposers’? Did you come here from Iraaq?

4) Ash-Sha’bee said, “Nothing was more hated to me than ‘suppose’.”

5) Imaam Maalik once said, “People used to give verdicts only for what they heard and knew, and the talk that is prevalent among people today did not exist.

By this, he was referring to the many hypothetical issues that were being discussed.

Indulging In Hypothetical Fiqh Issues, By Shaykh Mashhoor

Posted in Hadith Studies, Methodology Of The Salaf with tags , , , , , , , on August 20, 2012 by TheAuthenticBase

Shaykh Mashhoor states:

“Ahlul Hadeeth dislike doubts and hypothetical issues and matters which have not yet occurred… The Madhhab of Ahlul Hadeeth is to worship Allaah, not a Madhhab of imaginary issues which is closer to philosophy.

It is relayed from Zayd Ibn Thaabit, Mu’aadh Ibn Jabal and other Companions that if they were asked about issues which had not yet occurred, they would respond saying: “Leave the issue until it actually happens.

This was due to their dislike of Ra’y and Qiyaas. There is no need for doubtful matters, hypothetical scenarios and imaginary circumstances and possibilities.

For example, look at the Hawaashee (marginal notes) of some Shaafi’ee jurists to Tuhfatul Muhtaaj, for they mention possibilities which are impossible to arise! To the extent that I even found in some marginal notes to Tuhfatul Muhtaaj wherein they say:

“If a man’s penis is split into different parts and a part of it commits unlawful sexual intercourse, and another part did not and another part did something else – what should be the Hadd punishment of the man?”

What is this?! All of this is imaginary which is impossible to actually occur!

The Madhhab of Ahlul Hadeeth is that they dislike indulging in Ra’y and they seek knowledge for practical intents as a methodology in life with which to worship Allaah.”

[Taken from “The Madhhab Of Ahlul Hadeeth” p.78]