Binding fiqh = when there is consensus in a matter therein.
Fiqh is not a third form of reference, after Qur'an and Sunnah. It is merely the name given to the activity of approaching the Qur'an and Sunnah in a methodical manner.
To question iv - There are today scholars in different fields outside the realm of the fiqh schools. This has presented a problem in reconciling opinion as sometimes the better understanding is with those external scholars and the some people from the traditional approaches dismiss them. Generally it is accepted as a certain school's opinion when the officials of that school publish a ruling, as opposed to (mufti) individuals from a given madhab providing a ruling. That would be classed as a scholars opinion rather than the schools opinion.
I have read half of it and will continue reading soon ..
I had n still have the same questions wandering in my mind, lets see If I can find the answers through this thread. And thanx to all who r tryin through sources to provide answers, props to u all :k:
As for the Question of Fiqh being in practise before the imams, then its true.
For example, Imam Abu Hanifa is closely related to Ibn Masud r.a. when it comes to his jurispudence.
Back before that, Makkans used to follow the verdicts of Ibn Abbas r.a., and Medinians used to follow the verdicts of Zayd ibn Thabit r.a. Even if both verdicts contradicted each other (or so it appeared) they were told to follow the Fuqaha that they always have been following (So Makkans would always follow Ibn Abbas r.a., and people of Medina would follow Zayd ibn Thabit r.a.) and when a matter got more serious, it would be taken to the most respected scholar of THAT time, for example ibn Masud r.a. and the verdict of a more knowledgable and respected Fuqaha would override that of the less knowlegdeable one.
So we see this trend in existence since the time of the Sahaba, and its only natural that it occurs, to deal with everyday life. And to keep ourselves in God's path, we must follow one and not let the nafs lead our desires to pick and choose.
just as 4 imams or ahle hadees imam...can differ into aspecific problem.....
but...but...but.....
cannot ever we think that 13 SC judges give a bias or wrong decision...they may vary...but we cannot blame on the purity of honurable judges....
the same thing happened....
justice Buttar(brother of dr Amna Buttar)
justice syed ashad
justice faqeer khokhar
said that ... refence should not be set aside while 10 judges said that ..it should set aside...
but these 3 or other 10 ..cannot be blammed ..for anything..justice Buttar ..is very famous and honest judge of SC....
while discusiing Fiqah..its interesting to note that out of 4 imams of fiqah..only 1 is Tabai ....and that is Imam Abu hanifa....
only 1 imam out of 4 has a unique chance to get education from 9 onurable members of ahle bait...and that is Abu Hanifa...
Imam Jaffar sadiq
Imam Baqir
3 grandsons of Imam Hussain
3 granson of Imam Hassan
2 granson of Abbas...
Hafiz al-Sam’ani writes:
Imam AbuHanifa engaged himself in the acquisition of knowledge and exerted himself until he achieved what others did not. Once he visited Mansur [the Abbasid caliph] and found ‘Isa ibn Musa with him. ‘Isa said to Mansur, “This is the scholar of the world today” (al-Ansab 247).
Makki ibn Ibrahim once remembered Imam AbuHanifa and said:
He was the greatest scholar of his time (I’la’ al-sunan 18:308).
Makki ibn Ibrahim was the Shaykh of Imam Bukhari through whom Imam Bukhari has transmitted most of his narrations whose chains reach the Messenger of Allah صلى الله عليه وسلم through only three transmitters thulathiyyat]. ‘Abdullah ibn al-Mubarak relates:
I entered Kufa and enquired from the scholars as to who was the most learned person in the city? They told me it was AbuHanifa. Then I enquired from that as to who was the most devout worshipper and the one most occupied in acquiring sacred knowledge? Again they told me it was AbuHanifa. Every good characteristic I enquired about, they answered, “We do not know of anyone who that characteristic could be attributed to except AbuHanifa” (al-Mizan 58).
Muhammad ibn al-Bishr said,
I would visit AbuHanifa and Sufyan al-Thawri. When visiting Sufyan he would ask me where I had come from. I would inform him from AbuHanifa and he would remark, “You have just come from the greatest jurist in the world.”
Imam Shafi’i reports that Imam Malik was asked if he had met AbuHanifa? His reply was:
Yes, I have seen a person who, if he says he could turn this pillar into gold, would be able to provide evidence for it (Tabyid al-sahifa 16).
Imam Shafi’i himself once said:
People are dependent on AbuHanifa in the field of jurisprudence (Tahdhib al-Tahdhib 10:450).
‘Allama Sha’rani writes:
Imam Shafi’i happened to visit AbuHanifa’s grave during the time of Fajr. He performed the prayer without reciting qunut [a special du’a’] and remarked, “How could I recite qunut in the presence of this Imam when it was his opinion not to recite it” (al-Mizan).
Imam AbuHanifa’s opinion was to recite the* qunut* for forty days in Fajr at the time of calamities only.
When the news of Imam Abu Hanif’a death reached Shu’ba, he exclaimed: “Truly to Allah we belong and truly to Him we shall return” Inna lillahi wa inna ilayhi raji’un]. He then said,
The light of sacred knowledge has been extinguished from Kufa. They will never find anyone like him again (al-Khayrat al-hisan 71).
Imam Dhahabi writes:
Logic, debate, and wisdom acquired from the forbearers were not, by Allah, the areas of learning pursued by the Companions and Followers tabi’in]; Imam Awza’I, Thawri, Malik, and AbuHanifa. Their fields of study were the Qur’an and hadiths (Tadhkirat al-huffaz 192).
Hence, this establishes that it was the science of Qur’an and hadith that Imam AbuHanifa excelled in, and not just other subjects.
Fiqh or Islamic jurisprudence is a subject matter which requires immense knowledge base and ability to fairly discuss issues and conerns that reflect justice par Islamic laws as they apply to everyday or exceptional cases.
one website of information is www.karamah.org
Esq and Dr. Azizah Alhibri is the most well respected female Labanse lawyer.
her Fiqh knowledge is as authentic as it gets.
people must work on their personal knowledge about Fiqh as practiving Muslims and Musalimahs.
there is a very nice lecture by www.AlMaghrib.org
on the The Purification Act - Fiqh of Worship in NYC, on Nov 9-11 and 160 18
please if you like, enroll for the series at AlMaghrib website,
best,
Dushwari
^^ actually salafi scholars will trust on most from these schlars....
Imam Ibne Tamiyya
Imam Ibne jauzi
Imam zahabi
Imam ibne hazm
Ibne Baaz
etc...etc
though they praise the 4 imams ..speciallyImam Abu hanifa....but unfortunatley...they dont give such importance to him ..in jurisprudence which this unparallel man desreves...
Its is interesting to note that...there are 1,15,000 sahabas which are muhadiseen.....which give atleast one hadees of prophe(pbuh)....
but surprisingly ..there are .....only 110 fuqhas among all the tens of thousans of sahabas......
and out of 110....there are only 7 or 8 sahabas which are considered as the ...Imam ul Fuqhas ....
they are
* ali
* umar
*abdullah ibne masood
* muaz bin jabbal
*abdullah ibne umar
* aisha
*abdullah ibne abbas..
all above 7 ..are considered as "authentic" in any fiqah issues./...people used to to solve fiqah problems from them........
Imam Abu Hanifa chief teacher was Imam Shaibi...one of the greatest scholar of quran and fiqah..and all great historians reported trhat..Imam Shaibi was Tabai...but sahabas used to sit with respect in front of him...to gain knowledge of fiqah.......in front of Tabai..it is said that Imam Shaibi ...learnt ahadees from 500 sahabas.....
In damasqus....many great and older age ansari and qureshi sahabas ..used to sit ..in front of a young..beautiful ...man...with great respcet ..as they are sitting in front of a very graet scholar....the teacher was very young ...but sahabas in front ofhim were very experienced...very pious ..having many virtues and merits.....but they used to sit in front of that young man...who was master in knowledge of fiqah...
the name of this young man was Muaz Bin jabal Ansari.....the governor of Yemen nominated by prophet(pbuh) and is considred as the founder of fiqah..when prophet(pbuh)asked questions from him..as discussed above...
some people usually wahabi or salafi claim that ...Imam abu Hanifa ..only knew 17 ahadees....
just to tell all these people....thye greatest scholar of hadees...Imam Bukhari...have written in his book that...i visited the Hijaaz ...4 or 5 times...for hadees collection...Syria..3 times....but to Kufa ...i dont kow the exact figure ...i visited kufa infinite times......
and no need to tell..that Kufa ..was a home city of Nauman BIn Sabit ....which latter known as Abu Hanifa....
there is a cionflict between the date of Abu hanifa birth...some claim 61 hijri..and some as 80 hijri....
but al great scholars unanimosuly quoted this famous incident ...as quoted by the grandson of Abu Hanifa ...himself in his book that....
when the father 0f abu hanifa ...whose name was Sabit was born....during 37 or 38 hijri in Kufa...sabit father ....or grandfather of Abu hnifa...brorught this child to Hazrat Ali(ra) ..and Hazrat Ali(ra) gave the sabit this dua that...may you and your offsprings excel in knowledge.....all people were surprised as ali gave the lttle baby...the dua conceerning his next generation.....he might say that ..give sabit and his father knowledge ..but ali said that ..give sabit and his next generations..with gift of knowledge ....
and all great schoalrs throughout 1400 years quoted that incident and and written taht...Imam Abu hanifa ..super knowledge was a blessing f Ali's dua....
Imam Abu Hanifa grandson also written that...our granfather knowledge was just the gift of Ali' dua...
it is said hat Imam Abu Hanifa...for 45 years....completed the Fajr namaz with the wuzu of namaz isha.....!!!!
it is reported that...all great scholars and fuqhas ..were unamisously consider him..the greatst faqeeh of all times.....
He refused to take the seat of Chief justice ..Qazil ul qaza from Mansoor Calipf of Abbassaid..he put abu Hanifa in jail..but he not bowed down..abu hanifa ordered his greatest student Imam Abu yousaf to take the seat of CJ..and gave this logic that atleast you will give justice to people.....
today ..all those judges who dont retire and take oath on PCO ..in AYUB..ZIA...YAYAHA..and MUsharraf period actaully do the taqleed of imam abu hanifa wonderful istadlal..or logic...that atleast the remaimg judges ..though not take oath on 1973 constitution of pakistan ...but PCO...but they give justice as given by CJ Ifthikhar Muhammad Chaudry.....
when Imam abu hanifa died in Baghdad ....due to poison given by the Mansoor..all baghdad came on sttreets shouting and crying...and millions of people gathred to attend his funeral prayer...Mansoor himseld wept for his wrong deed with Abu Hanifa....
throughout in the islamic history of 1400 years..abu hanifa ...followers were and are greatest in numbers..may be in billions.....
specially ..Pakistan..India..Bangla Desh..malysia..Indonesia..Afghanistan....Iraq...Iran...Syria ..etc etc....most of mulims are abu hanifa followers....
saudai follows ahmed bin hanbal......egyptians follow imam shafi..and morrocco..i think..imam malik.....
abu hanifa was the only persian origin imam....out of all 4.....and there are various ahadees of prophet (pbuh) which give basahart of a ersian origin scholar..and all scholars agreed that ..these ahadees are pointing towards abu hanifa.....
very few people know that....one of the greatest scholar of islamic history ...and writter of the master pieces like....
Al mamoon
Seerat ul nabi(pbuh)
Al farooq
Al ghazali
was Allam Shibli Naumani....of Azam garh (UP) ..india
the word naumani..actually he added later ...due to the name ..Nauman bin sabit(abu hanifa)...nauman ...from naumani.....he was a great lover of abu hanifa....
and his master piece book.....
Al nauman ..is considered as the best on this great imam..just as his great book Al Farooq is considered as the best book on umar ..in 1400 years...