Madhab two opinions from scholars
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's
Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Now-a-days a program name Aalim-Online is broadcasting from Geo,in
which two Ulemas are coming for answering the question raised by the caller. I
amzingly surprized after seeing the today`s program, that there were always two
answer from one question accordiance to Fiqah Hanfia and the Jafaria like:-
Q) Can a women perform Haj without Mahram.
A) Hanafi says YES while othe says NO
Q) Can we pay the Zakat for construction purpose of
A) Hanafi says NO & NEVER while other says YES.
What should I do can I change my Fiqah?
(There
may be some grammatical and spelling errors in the above statement. The forum
does not change anything from questions, comments and statements received from
our readers for circulation in confidentiality.)
Answer:
Madhab two opinions from scholars
In the
name of Allah, We praise Him, seek His help and ask for His forgiveness.
Whoever Allah guides none can misguide, and whoever He allows to fall astray,
none can guide them aright. We bear witness that there is no one (no idol, no
person, no grave, no prophet, no imam,
no dai, nobody!) worthy of worship
but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant
and the seal of His Messengers.
My
beloved and dear Brother in Islam, you are absolutely right that when one hears
two opinions from two different scholars on any matter, one will obviously get
surprised and confused!
The
scholars of Jurisprudence or ‘Islamic Fiqh’ have based their opinion according
to their understanding of the Quran and Sunnah; and when two scholars give two
different opinions without clarifying or declaring the particular Aayah or
Hadith; it indeed may give rise to confusion and misunderstanding.
We, as
believers, must realize and understand that our duty is not to follow an
opinion because it has originated by a Hanafi school of thought or because it
has originated from a Jaffariyah school of thought, etc. Our duty as believers is to follow the Quran
and Sunnah, period; and accept whichever opinion in our knowledge, is closest
to the guidance of the Quran and Sunnah.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 59: O ye who believe! Obey Allah, and obey the Messenger, and those
charged with authority among you. If
ye differ in anything among yourselves refer it to Allah and His Messenger,
if ye do believe in Allah and the Last Day: that is best and most suitable for
final determination.
My dear
and beloved brother, the guidance of Allah and His Messenger (saws) in the way
of life called ‘Al-Islam’ is absolutely vast as it comprehends every single
aspect on one’s life. The Quran itself
was revealed over a period of 23 years, and the Messenger of Allah (saws)
implemented and taught the Quran to the believers and thus established his
(saws) Sunnah over the same period.
One must
appreciate and understand that it is the beauty and the vastness of the deen,
that in the matters of Jurisprudence or Fiqh, there are situations where more
than one way may be legal and permissible for the Messenger of Allah (saws)
over the period of 23 years may have done an act or deed in more than one way;
thus allowing the vastness in the deen.
Let me
quote you two very very simple examples to explain:
The
guidance of the Messenger of Allah (saws) to the believers when urinating is to
sit down and relieve oneself; but there are authentically recorded hadiths
where it states that the Messenger of Allah (saws) urinated standing! Now if one tries to analyze these two hadiths
without looking at the situation and conditions, it may seem contradictory to
each other.
Similarly,
the Messenger of Allah (saws) guided the believers to pray the five prayers at
their five different appointed times; but there are several authentic hadiths
where the Messenger of Allah (saws) combined the dhuhr and asr prayers, and the
magrib and isha prayers! Again, if one
tries to analyze these two hadiths without studying the situation and
conditions, one may conclude that they are contradictory to each other!
Thus,
when a scholar of a school of thought gives his opinion and bases his opinion
on one of the hadiths without clarifying the other; and the other gives his
opinion on the second hadith without clarifying the first; it would obviously
give rise to a confusion; whereas there is a possibility that both might be
right in following the Sunnah of the Messenger of Allah (saws).
Thus,
rather than getting involved in separation and confusion because of the names
of the scholars or the schools of thought they wish to propagate, it is our duty as true believers in Allah and
the Last Day, to study each opinion
given by the scholar, and judge which opinion is closest to the guidance of
Allah and His Messenger (saws).
Allah Says in the Holy Quran Chapter 21 Surah Anbiyaa verses 78-79:
78 And remember (Prophets) Dawood and Sulaimaan, when they gave
judgment in the matter of the field into which the sheep of certain people had
strayed by night: We did witness their judgment.
79 To Sulaimaan We inspired the (right) understanding of the matter: to
each (of them) We gave Judgment and Knowledge;
If one
sees and studies the above Aayahs of Surah Anbiyaa, one will realize that even
Prophets of the stature of Prophet Dawood (a.s.) and Prophet Sulaimaan (a.s.)
differed on a matter; and Allah Subhanah declares that He inspired Prophet
Sulaimaan (a.s.) to the right understanding of the matter! It is not to say that Prophet Dawood (a.s.)
was wrong in his judgment, but just that Prophet Sulaimaan’s (a.s.) judgment was
better than Prophet Dawood’s (a.s.), although both could have been legal,
permissible and correct, for Allah Declares that to both of them He bestowed
Judgment and Knowledge.
Thus, my
beloved brother, one should appreciate the vastness and beauty of the deen of
Islam, and not allow the Shaytaan to bring about confusion and dissension in
the deen and its unity, simply because one scholar has a different opinion from
the other, because it may be that in his understanding and knowledge he has
given more weight to one Aayah or one Hadith over the other.
Q) Can
a women perform Haj without Mahram.
Q) Can
we pay the Zakat for construction purpose of
We are
not sure whether you want us to address these two questions of Jurisprudence
where there is indeed a difference of opinion amongst the scholars. If you want us to clarify these issues and
give you the opinions of the various scholars and why they think it is
permissible or impermissible, we would be honored to do so. We would give you the various opinions,
including the one we think in our humble knowledge is closest to the Quran and
Sunnah; and then you would be required to use your best judgment according to
your knowledge of the Quran and Sunnah and accept one amongst the opinions
which in your opinion is closest to the guidance of Allah and His Messenger
(saws).
And
because your intention and mission is to follow the Quran and Sunnah, it is
expected that the Merciful Lord will accept your striving and your efforts in
searching and following the Truth to the best of your ability.
Thus my
dear and beloved brother, we as believers in Allah and the Last Day, should not
be party to the people who are ever ready to break or shake the Unity of the
Ummah because of their small differences in the matters of Jurisprudence; but
rather we should be of those who respect and appreciate the works and opinions
of all the great scholars of Islam, and choose the opinion which we think is
closest to the guidance of the Quran and the Sunnah; if indeed our mission is
to follow Allah and His Messenger (saws).
If one
trusts, obeys, and follows the guidance and commands of
Allah and His Messenger (saws), he can
be assured of never ever being misled;
but if one believes, obeys and
follows any other guidance, other than
that of Allah and His Messenger (saws),
he can be assured of being led astray.
Whatever
written of Truth and benefit is only due to Allah’s Assistance and Guidance,
and whatever of error is of me. Allah
Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan
