The Majlis Archive

General Fiqh The Majlis Vol 21 No 10, p.3

I came across a passage in a book in which the author says that those equipped with the qualifications of Ijtihad need not follow a particular School

Question

I came across a passage in a book in which the author says that those equipped with the qualifications of Ijtihad need not follow a particular School (Math-hab). They may derive the rules directly from the original sources (Qur'aan and Sunnah). He also says: "Similarly, those who are not fully qualified for the exercise of deriving rules, but are so well versed in Islamic disciplines that they can evaluate on different juristic views on purely academic grounds are not forbidden from preferring one school over another in a particular matter." Is the view expressed in this passage right?

Answer

The author appears to be a moron, hence the display of jahaalat. The claim made in the passage is baseless. There is no Mujtahid in this age nor is there any Aalim who occupies the rank of even the fourth grade Ulama of former times. The one who made the claim dwells in massive deception.

The Fuqaha of the Hanafi Math-hab who had issued Fatwa in conflict with Imaam Abu Hanifah's fatwa on certain issues did so on the basis of the Usool formulated by Imaam Abu Hanifah (rahmatullah alayh). Furthermore, they were FUQAHA in the truest sense of the term. They were not like the crank 'scholars' of our age.

In this era an Aalim who is truly great and pious will be a staunch Muqallid of his Math-hab. He will not adopt the baseless advice proffered by the miscreant. Great Ulama such as Hadhrat Thaanvi, Hadhrat Gangohi, Allaamah Anwar Kashmiri and innumerable other outstanding luminaries of Islamic Knowledge who devoted their entire lives to teaching Hadith, Fiqah and Tafseer, remained staunch Muqallideen. There is no alternative to making Taqleed to one of the four Math-habs of the Ahlus Sunnah Wal Jama'ah. All ideologis beyond the confines of the Four Math-bas are dhalaal (deviation).

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