Al-Hamdulillahi Rabbil Alameen Wassalaatu wassalaam Ala Rasool Allah Wala Alihi Wa Sahbihi Ajmayeen.
"And Hold firmly to the rope of Allah all together & do not become divided…"
(Sura Imran: 103)
The Main reason for disunity among Muslim Umma is because of the various sects we have as well as the various schools of thoughts amongst the Muslim Umma, you may call it Madhab, Maslaq, Musallah.
Normally if you ask any Muslim! Which is the most authentic book on Islam? Everyone will say The Holy Qur’an, further if you ask which the next source of knowledge in Islam they will reply Hadith or the Sunna. There is no difference of opinion. Again if you ask further which Hadith should a Muslim follow the reply will be Sahih Hadith.
But when a Muslim is asked what is he or to which Maslaq he belongs to? Most of the Indians they say that they are Hanafi & some will say Shafi. If you go outside India & ask the question the reply will be Hambali or Maliki.
Now if you ask them that why are you a Hanafi? Why aren’t you a Shafi? They will reply-because my parents were Hanafi, my Father & Mother are Hanafis’ so I am also a Hanafi. Then if we further ask them what if your father was a Shafi? The reply will be I too might be a Shafi. Then if you ask them what if your parents were Non-Muslims. Then they will think!!
Now if you ask them that since your parents were Non-Muslims you will also be a Non-Muslim then if you die in that state will Allah (swt) forgive you?
They will reply-If Allah (swt) guides me may be I would have become a Muslim. But Allah (swt) says in the Qur’an
“And those who strive for Us-We will surely guide them to our way”.
Sura Ankabut: 69. The criterion is you should strive.
Now coming to the main point-the question arises here that which school of thought is correct? Hanafi or Shafi? The reply will be all the four schools of thought are on truth. Hanafi, Shafi, Maliki, Hambali all four are on truth/correct.
Now again the question arises that according to Hanafi Maslaq if a man is in Wudu & if accidentally he touches a women or a women touches him (His wife, Mother, Sister or Daughter) does he go outside the state of Wudu or is he yet in the state of Wudu. (The Wudu breaks or not), so the Hanafi will reply that in the Hanafi Maslaq the Wudu doesn’t break. Let’s go the next question that in the Shafi Maslaq does the Wudu break or not, the reply will be yes the Wudu breaks. Now we ask him the question! Can both the answers be simultaneously correct that one Muslims Wudu breaks when he accidentally or intentionally touches a Women & another’s Muslims Wudu doesn’t break when he touches a women. To know who is correct you should have the right knowledge of Qur’an & Hadith. But the question is simple, can both be simultaneous correct? The answer is no.
For example if a teacher teaches you that 2+2 is not equal to 4 & another teacher teaches you that 2+2=4. Can both the teachers be simultaneous correct. The answer is no. All those who have passed basics of standard 4th can give the answer. Everyone knows that 2+2=4.
But if we ask a slightly difficult question that 375x625=1000525. One teacher says that & another teacher says 375x625 is not equal to 1000525. Can both be correct? The answer is no. you don’t have to be a mathematician. Even if you don’t know the right answer you will say both cannot be correct. But if we ask you which is correct & who is correct then you may have to take a calculator & calculate.
Similarly if we ask you which Maslaq is correct whether it is Shafi or Hanafi you will say both cannot be simultaneously correct. But which Maslaq is correct then the answer is we have to check up with the Qur’an. When we read the Qur’an in Sura Maida, Ch.5, V-6. O you who believe! When you intend to offer Salaah wash your face & your hands & arms up to the elbow rub your head with water, wash your feet up to the ankle & if you are in ceremonial impurity then you have to have a bath (Ghusl), or if you are ill or on a journey or when you come back from the call of nature or if you are in contact with women (touch a women) & if you don’t find water, take clean sand & rub it in your face & your hands (tayyamum). So based on this verse of the Qur’an which says ‘If you touch a women’ (Arabic word is Laamas-coming from word Masah). Now if you refer Arabic dictionary the word Masah has got two meanings, one is physical touch & another is sexual touch.
So Imam Abu Hanifa (May Allah’s Mercy be on him) took the meaning that if you sexually touch a woman then doing Ghusl becomes compulsory. He took the meaning as sexual touch. Therefore he said physically if you touch a woman the Wudu doesn’t break.
Imam Shafi (May Allah’s Mercy be on him) took the meaning as physical touch. Since Masah has got two meanings & anyone can be right!
So according to hanafi Maslaq sexual touch breaks a Wudu, physical touch doesn’t break a Wudu.
And according to Shafi Maslaq even physical touch of a woman breaks the Wudu.
Now to check which is correct we have to find in the second source that is Sahih Hadith.
But before when we refer Hadith if we look up in other verse of the Qur’an in Sura Imran, Ch.3, V-47, the word Masah is even present there. It speaks about the story of Maryam (pbuh), when Archangel Gabriel comes & gives her the message that you shall have a son. The reply given by Maryam (pbuh) was “how shall I have a son when no man has touched me?” so the same root word Masah is present there. It is understood that Hazrath Maryam (pbuh) referred to as sexual touch not physical touch. Because physically if someone touches a woman she needn’t have a child.
Now further if we refer Sahih Hadith of Abu Dawood Volume No.1, book of Salaah, Ch.70, Hadith No.179. Narrated By 'Aisha:
The Prophet (may peace be upon him) kissed one of his wives and went out for saying prayer He did not perform ablution. 'Urwah said: I said to her: Who is she except you! Thereupon she laughed.
(Classified as Sahih by Sheikh Nasiruddin Albani)
This indicated that the Wudu doesn’t break by physical touch.
Further if you read Sahih Al-Bukhari, Volume No.1, Book of Salat, Hadith No.519.
Narrated By Abu Salama : 'Aisha the wife of the Prophet said,
"I used to sleep in front of Allah's Apostle and my legs were opposite his Qibla and in prostration he pushed my legs and I withdrew then and when he stood, I stretched them.' 'Aisha added, "In those days the houses were without lights."
This Hadith too proves that only by physical touch will not break the Wudu.
Now if we analyse the opinion of Abu Hanifa (May Allah Be pleased with him) was correct in this matter. Because his opinion is matching with the Qur’an & Sahih Hadith. Someone may say that do you mean to say that Imam Shafi (May Allah be pleased with him) was wrong. Prophet (pbuh) said if anyone gives the opinion (after doing research) & if he is correct he gets two rewards & if anyone is wrong he gets one reward.
We have to realise at the time of Imam Shafi, Imam Abu Hanifa…the hadiths weren’t compiled at the time of these great ayyumma. The compilation of the Hadith started before & completed later. So may be this Hadith of Abu Dawood, Volume No.1, book of Salaah, Ch.70, Hadith No.179 as well as the Hadith of Sahih Al-Bukhari, Volume No.1, Book of Salat, Hadith No.519 didn’t reach Imam Shafi (rh). So he took one of the two options that is physical touch or sexual touch. Not that he wasn’t intelligent but may be the Hadith didn’t reach him.
Let us analyse another question that, in the salaah of Fajr, Maghrib & Isha (Loud Salaah). After the Imam completes the recitation of Sura Fathiha, according to Hanafi Maslaq should the people behind an Imam say Ameen loudly or not? According to Hanafi school of thought you shouldn’t say Ameen loudly after the Imam completes Sura Fathiha. But according to Imam Shafi (May Allah’s mercy be on him) should the Muqtadi (people behind an Imam) say Ameen loudly or not? According to Shafi Maslaq the followers should say Ameen loudly.
So it is very clear that in the Hanafi Maslaq the people behind the Imam shouldn’t say Ameen loudly & in the Shafi Maslaq the people should say Ameen loudly.
Now who’s right? Both cannot be right. To know the answer we have to refer Qur’an & Sahih Hadith. We don’t find in the Qur’an regarding this matter so we have to refer to the next source that is Sahih Hadith.
In Sahih Bukhari, Volume No.1, Book Of Adaan, Ch.111, Hadith No. 780.
Prophet (pbuh) said:
"Say ameen loudly after Sura Fathiha & if the Ameen coincides with the ameen of Angels then all the past sins will be forgiven."
The next Hadith Sahih Bukhari, Volume No.1, Book Of Adaan, Ch.112, Hadith No. 781. if the ameen of any of you coincides with the ameen of any one of the Angels then all your past sins will be forgiven.
Volume No.1, Book Of Adaan, Ch.113, Hadith No. 782
Prophet (pbuh) said:
"After the Imam says Ghairil Maghdoobi Alaihim walagdwalin say ameen & if your ameen & if the Ameen coincides with the ameen of Angels then all the past sins will be forgiven."
There are many hadiths in the Sahih Muslim including Volume no.1, Book of Salaah, Ch.116, Hadith No. 811 to 816 which clarifies that we should say Ameen loudly.
Now who’s correct? The Hanafi Maslaq or the Shafi Maslaq? The Shafi Maslaq. Beacause this particular teaching of Imam Shafi matches with the Qur’an & Sahih Hadith.
The first question-does the Wudu break or not when a man accidentally touches a woman or woman touches a man.
1) "When a hadeeth is found to be saheeh, then that is my madhhab. (Ref: " Ibn 'Aabideen in al-Haashiyah (1/63), and in his essay Rasm al-Muftee (1/4 from the Compilation of the Essays of Ibn 'Aabideen), Shaykh Saalih al-Fulaanee in Eeqaaz al-Himam (p. 62) and others. Ibn 'Aabideen quoted from Sharh al-Hidaayah by Ibn al-Shahnah al-Kabeer, the teacher of Ibn al-Humaam)
2) "It is not permitted for anyone to accept our views if they do not know from where we got them." [Ref: Ibn 'Abdul Barr in Al-Intiqaa' fee Fadaa.il ath-Thalaathah al-A'immah al-Fuqahaa' (p. 145), Ibn al-Qayyim in I'laam al-Muwaqqi'een (2/309), Ibn 'Aabideen in his Footnotes on Al-Bahr ar-Raa.iq (6/293) and in Rasm al-Muftee (pp. 29,32) and Sha'raanee in Al-Meezaan (1/55) with the second narration. The last narration was collected by 'Abbaas ad-Dawri in At- Taareekh by Ibn Ma'een (6/77/1) with a saheeh sanad on the authority of Zafar, the student of Imaam Abu Haneefah.)
In one narration, "It is prohibited for someone who does not know my evidence to give verdicts on the basis of my words."
Another narration adds, "... for we are mortals: we say one thing one day, and take it back the next day."
In another narration, "Woe to you, O Ya'qoob [His student]! Do not write down everything you hear from me, for it happens that I hold one opinion today and reject it tomorrow, or hold one opinion tomorrow and reject it the day after tomorrow."
[REf:"Our belief, as well as that of every researcher into Imaam Abu Haneefah (radhi-yAllaahu 'anhu), is that, had he lived until the recording of the Sharee'ah, and the journeys of the Preservers of Hadeeth to the various cities and frontiers in order to collect and acquire it, he would have accepted it and ignored all the analogies he had employed. The amount of qiyaas in his Madhhab would have been just as little as that in other Madhhabs, but since the evidences of the Sharee'ah had been scattered with the Successors and their successors, and had not been collected in his lifetime, it was necessary that there be a lot of qiyaas in his Madhhab compared to that of other imaams. The later scholars then made their journeys to find and collect ahaadeeth from the various cities and towns and wrote them down; hence, some ahaadeeth of the Sharee'ah explained others. This is the reason behind the large amount of qiyaas in his Madhhab, whereas there was little of it in other Madhhabs."
3) "When I say something contradicting the Book of Allaah the Exalted or what is narrated from the Messenger (sal-Allaahu 'alayhe wa sallam), then ignore my saying." [ REf:Al-Fulaanee in Eeqaaz al-Himam (p. 50), tracing it to Imaam Muhammad and then saying, "This does not apply to the mujtahid, for he is not bound to their views anyway, but it applies to the muqallid."
Imam Shafayee (Rah)
As for Imaam Shaafi'ee, the quotations from him are most numerous and beautiful, and his followers were the best in sticking to them:
1. "The sunnahs of the Messenger of Allaah (sal-Allaahu 'alayhe wa sallam) reach, as well as escape from, every one of us. So whenever I voice my opinion, or formulate a principle, where something contrary to my view exists on the authority of the Messenger of Allaah (sal-Allaahu 'alayhe wa sallam), then the correct view is what the Messenger of Allaah (sal-Allaahu 'alayhe wa sallam) has said, and it is my view."
2. "The Muslims are unanimously agreed that if a sunnah of the Messenger of Allaah (sal-Allaahu 'alayhe wa sallam) is made clear to someone, it is not permitted33 for him to leave it for the saying of anyone else."
3. "If you find in my writings something different to the Sunnah of the Messenger of Allaah (sal-Allaahu 'alayhe wa sallam), then speak on the basis of the Sunnah of the Messenger of Allaah (sal-Allaahu 'alayhe wa sallam), and leave what I have said."
In one narration: "... then follow it (the Sunnah), and do not look sideways at anyone else's saying."
4. "When a hadeeth is found to be saheeh, then that is my madhhab."
All the four imams said similar words. But i am not quoting all these references lest it will become a book.
May Allah guide us to the straight path.
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