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Questions regarding revisionist versions of the Madhabs today
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02-08-2012, 11:05 PM
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u2ZQGC6b
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If anybody can correct me if I've misunderstood the passage above, Imam al-Ghazali appears to focus more on the fact that the process of adopting a madhab involves believing that it is the best, and that all its rulings are correct, rather than elaborating on the reason why one should adopt it in the first place i.e. preventing the non-Mujtahid from collecting concessions - a reason that most likely can be taken for granted when the fuqaha ruled on the necessity of Taqleed Shaksi, at the least amongst the Shafi'is, since the view of its Ashaab is clear as stated by Imam an-Nawawi:
"The second [opinion] and Abu al-Hasan Ilkiya was assured of it is it is necessary for him [i.e. the layperson to adhere to a specific madhhab] - and this applies to all who have not reached the level of ijtihad from the jurists and the scholars of the remaining sciences -
so that one does not collect the concessions of the madhhabs
; as distinguished from the first period, when the madhhabs were not codified, so [it was not possible] to collect their concessions. Based on this, it is necessary for him to select a madhhab he will do taqlid of in everything.
He cannot adopt a madhhab based on whim, nor based on what he found his father upon
[i.e. but must investigate which madhhab he feels is the most superior]. This is the viewpoint of the Ashaab."
And:
“Its reason is that if it were permissible to adhere to any madhhab one wished, it would lead to collecting the concessions of the madhhabs, in accordance with one’s desires, and opting between legalisation and illegalisation, obligation and permission, and this will lead to relinquishing the noose of moral responsibility (taklif); as distinguished from the early period, because [at that time] there were no refined madhhabs that encompassed the rulings of [all] outcomes. Based on this, it is necessary for him to make effort in opting for one madhhab he will adhere to specifically.” (al-Majmu‘ Sharh al-Muhadhdhab, 1:55)
He also states that the most correct opinion according to al-Qaffal is that a layperson does have a madhhab and he cannot go against it. (Sharh al-Muhadhdhab 1:93)
In his fatawa, Haythami re-affirms the position of the Ashaab, before going on to mention his own and Imam Nawawi's preference:
"He [Haythami] was asked: Is it obligatory after the codification of madhhabs to stick to one of them? And can one transfer from what he stuck to? He replied: That which is transmitted in Ziyadat al-Rawdah [by al-Nawawi] from the Ashab [the major early mujtahideen scholars of the madhhab] is the obligation of that."
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