Knowledge International University

Final Assignment

Course Name: Fiqh 1 Course Code: FQH 1 Instructor: Shaykh Sajid Umar

Student Details Name: Hassan Basarally Student ID: 1120020 Batch:

Assignment Question: Identify the historical incident which marked the period in which the doors for Ijtihaad were shut, discuss the rationale (2 reasons) used by the scholars of that time to close the doors and give two examples of the evil consequences of Mathhab factionalism. (Maximum 1200 Words) Answer: Ijtihaad is a valid and important method to arrive at an Islamic ruling. Ijtihaad linguistically means 1 to expend efforts in order to reach some difficult matter. In the Shariah, it is arriving at a ruling when faced with new circumstances. The doors of Ijtihaad were shut during the fragmentation of the Abbasid Dynasty. Scholars at that time sought to stop Ijtihaad because it was felt that all possible matters were raised and dealt with and people who were not Scholars started to make Ijtihaad and give Fataawa. Taqleed or Mathhab factionalism started to appear and with it people started to give precedence of the Mathhab over the Sunnah and disunity amongst the Muslims increased. Toward the end of the Abbasid Dynasty two situations occurred which resulted in the shutting of Ijtihaad and the emergence of Taqleed. Firstly, the state was decentralised. Wazeers had much
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Salih Al Uthaymeen, Al Usool Min Ilmil Usool

power and promoted their political agendas and opposed to the development of Fiqh. Many Wazeers were from various sects, for example the Raafidah, so they promoted the Fiqh and Aqeedah of these groups. At this point of time the Abbasid rule was limited to present day Iraq which was the birthplace of the Shia and Khawarij, also there was the move to re-establish Persian power. So in short the competing interests each had different motives and agendas and encouraged Fiqh to suit 2 political aims. The second situation was the actual break-up of the state into autonomous areas. These mini-states implemented different Matha'aib based on the numerous sects emerging at that time. As such, proper Ijtihaad which involved knowledge of the Shariah texts, strength or weakness of Hadith, abrogation of verses in the Quran, what issues had Ijmaa and knowledge of the Arabic language gave way to Ijtihaad Mathhabi. Ijtihaad Mathhabi was deduction of rulings based only on the principles of a particular Mathhab. It must be noted however, that shutting of Ijtihaad was never complete; it was done by the majority of the Scholars while there were always individuals who called for the proper use of Ijtihaad and abandonment of Taqleed. Examples can be found in every era, for example Ibn Taymiyah (d. 1328 CE) and Al Albaani (d. 1999 CE), and this will continue until the Day of Judgement. Two reasons why Scholars started to limit Ijtihaad was that Ijtihaad Mathhabi made Scholars think that no need for further Ijtihaad and the fear that unqualified people were making Ijtihaad. Ijtihaad Mathhabi resulted in the moving away from true Ijtihaad. The great use of speculative Fiqh resulted in many hypothetical questions being answered so many Scholars felt that the religion was covered when the Fiqh was codified and collected. Also most of the work on Fiqh was on revision of previous opinions of the Mathhab so in essence no new evidences were taken into consideration. The Mathhab factionalism meant that people would promote their Mathaaib even if it was incorrect so Ijtihaad was limited. The other reason for the limiting of Ijtihaad is that of the proliferation of unqualified individuals making Ijtihaad. At that point of time, many different ideologies developed and people started making Ijtihaad to suit their agendas. As a result, much confusion occurred in the masses and spurious Fatawaa spread. The Scholars at that time needed to restrict Ijtihaad as much as possible to prevent corruption of the religion.
2 Dr.Tariq Abdul Haleem, History of the Islamic State.

Taqleed linguistically is placing something around the neck which encircles the neck. In the Shariah, it means following someones sayings as a proof or Mathhab factionalism. It leads to two dangerous situations. The first is the Mathhab is given precedence to authentic proofs and the second is that Mathhab factionalism causes disunity in Islam. Rulings in the Shariah are based upon knowledge and Taqleed is contrary to knowledge. It is compulsory for the Muslim to refer all matters of disagreement back to Allah and His Messenger. Allah says: Say: "Obey Allah and obey the Messenger, but if you turn away, he (Messenger Muhammad) is only responsible for the duty placed on him (i.e. to convey Allah's Message) and you for that placed on you. If you obey him, you shall be on the right guidance. The Messenger's duty is only to convey (the message) in a clear way (i.e. to preach in a plain way)." So by blindly following the opinions of a person is in fact a way to Kufr as this elevates an individual to the level of the Messenger and displaces the Sunnah as a source of the Shariah. This is termed Shirk Fee Tawheed Al Ittiba; it is Shirk in the Oneness of Following, as following is only due to Allah and His Messenger. In addition, Taqleed shows that the Messenger did not bring a complete religion if a scholar has to add to it. Shaykh Muhammad Sultan al-Masoomee alKhajnadee wrote So he who believes that it is obligatory upon the people to follow a particular 3 person from these Imaams, then he has given him the status of the Prophet and that is Kufr. The blind following of a Mathhab is not the practice of the Sahabah as they changed their Fataawa when knowledge came to them. Neither is it from the Imams of Fiqh. Abu Haneefah said If a 4 Hadith is found to be Saheeh, it is my Mathhab. Even the students of the Imams did not do Taqleed. They differed when stronger evidence came and practiced Tasheeh; shifting out weak statements from the stronger ones when they compiled Fiqh.

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The Blind Following of the Madhhabs Ibn Al Abideen, Al Hashiyah.

Taqleed promotes division amongst the Muslims. Unity is a Usool in the religion. Muhammad ibn Abdul Wahhab wrote Allah has commanded unity (Al Ijtimaa) in the religion and has 5 prohibited separation (Tafarruq) therein. Allah says: And hold fast, all of you together, to the Rope of Allah (i.e. this Quran), and be not divided among yourselves. It is natural to disagree but impermissible to do so in Aqeedah, Ibaadah or the rulings of Islam without evidence. Unity in Islam is upon the Quran and Sunnah so the Muslim must take his religion from there not Taqleed. Yahya related from Malik that he heard that the Messenger of Allah said, "I have left two things with you. As long as you hold fast to them, you will not go astray. They are 6 the Book of Allah and the Sunnah of His Prophet." Therefore the splitting according to Mathhab is against Islam itself and cannot be condoned. Islam calls to unity upon knowledge and is incompatible with Taqleed.

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Shaykh Muhammad ibn Abdul Wahhab, Usool As Sittah Muwatta Imam Malik