[KukkoDrukko]

Assalam o alaykum,

Levels of Hanafi fuqaha and scholars.

1. Mujtahidin fil Shar'a – These are those who don't follow any other mujtahids and are the source of methods and principles to be followed by others.

These include the likes of Imam Abu Hanifah, Imam Malik ibn Ans, Imam Muhammad bin Idris Shaf'i, Imam Ahmad bin Hanbal [may Allah have mercy on them], etc.

2. Mujtahidin fil madhab – These are those who have the capability of deriving ruling (ijtihad) from the sources of Shari’a and even though they disagree with mujtahideen fil shara on certain matters but in principle (usool) they are in conformity with them.

These include the likes of Imam Abu Yusuf and Imam Muhammad bin Hassan al-Shaybani [may Allah have mercy on them].

3. Mujtahidin fil Masail – These are those who derive ruling (ijtihad) in those issues (masail) regarding which there is no report from mujtahideen of the school.

These are the likes of Imam Kashaf, Imam Tawahi, Shams al-Ai’ma Abul Hassan Karkhi, Shams al-Ai’ma Halawai, Shams al-Ai’ma Sarakhsi, Imam Bazdawi, Imam Qadi Khan [may Allah have mercy on them], etc.

4. Ashab Takhrij – This group does not have authority for ijtihad. They just clarify what are not clear in their school books based on other texts of their imams .They very rarely draw some rulings from the nas, when there is none.

Example of this level would be Imam Bazzazi, Imam Abu Bakr al- Jassas and Abu Abd Allah al-Jurjani [may Allah have mercy on them].

5. Ashab Tarjih - This group distinguishes between different narrations within the madhab and decide on those opinions which are better and more accurate than the others among the opinions and reports made in their school.

Example of these would be Imam Marghinani [author of Hidaya], Imam Abul Hassan Ahmad Qudoori, Muhaqqiq mutlaq Imam bin Humam [may Allah have mercy on them], etc.

6. Ashab Tamyiz - This level of muqallid scholars are able to distinguish between strong and weak opinions within the school as well as Zahir al-Riwayah and Nawadir.

They include the likes of Imam Abul Fadl Abdullah bin Mahmud [author of Mukhtar], Taaj al-Sharia Mahmud Mahbubi al-Bukhari [author of Wiqaya], Imam Muzaffaruddin Ahmad bin Ali [author of Majma al-Bahrain], Imam Abul Barakaat al-Nasafi [author of Kanz], as well as Imam ibn Nujaym al-Hanafi [may Allah have mercy on them all].

7. Simply Muqallids - These are those who simply memorized the majority of the hukms and problems and their solutions in their schools of thought.

Many faqihs after 800 A.H. are in this group such as 'Allamah Ibn `Abidin (may Allah have mercy on him).

Taken from Majuma al-Fatawa of 'Allamah Abd al-Hayy Lakhnawi and Usul al-Fiqh of Dr. Yusuf Ziya Kavakci.

[Adimonnna]

for the interesting info...

Are there any scholars from levels 1 - 6 today?

Or are all of the current-day scholars "simply Muqallids"?

[cheapphenonline]

Assalamu alaikum brothers,
I have heard/read from places that Imam Muhammad and Abu Yusuf were of the highest level of mujtahid but out of respect to Imam Abu Hanifa they followed the Hanafi madhab. I heard that if they wanted they could've made their own madhab. Is this true?

[theonsushv]

Very interesting!

[slimfifa]

Assalamu alaikum brothers,
I have heard/read from places that Imam Muhammad and Abu Yusuf were of the highest level of mujtahid but out of respect to Imam Abu Hanifa they followed the Hanafi madhab. I heard that if they wanted they could've made their own madhab. Is this true?

Ive heard the exact same thing.

[kertionderf]

Assalaamu 'alaykum,

A point to be noted is that the hanafi madhhab isn't centered around imam Abu Hanifah RA alone, but consisted of a shura of 40 mujtahid 'ulama whom imam Abu Hanifah consulted with before giving a fatwa on a ruling. A lot of opinions in the madhhab are those of imam Abu Yusuf and imam Muhammad, may Allah have mercy on them both.

JazakAllah for the interesting post br. khanbaba!

[Larisochka]

!

[idertedype]

Assalamu alaikum brothers,
I have heard/read from places that Imam Muhammad and Abu Yusuf were of the highest level of mujtahid but out of respect to Imam Abu Hanifa they followed the Hanafi madhab. I heard that if they wanted they could've made their own madhab. Is this true?

I have heard the same aswell and our Imam Sahib said that there's difference of opinion on the matter. If I remember correctly, Mufti Taqi Sahib (damaat barakatuhum) mentioned in his book on Taqleed that it si not permissible for a Mujtahid Mutlaq (1st catergory Mujtahid) to follow another Imam if he has the ability to form his own opinion on a matter. If this is true (I'll have to double check), then I would find it highly surprising that the Sahibayn (Allah have mercy on them) would follow the Usools of Imam Abu Hanifah (rahmatullahialayh) simply out of respect, especially considering the fact that they differed with him on so many furoo and rulings.

[raspirator]

Assalamu alaikum brothers,
I have heard/read from places that Imam Muhammad and Abu Yusuf were of the highest level of mujtahid but out of respect to Imam Abu Hanifa they followed the Hanafi madhab. I heard that if they wanted they could've made their own madhab. Is this true?

This is a horrible thing to say! The great scholars Abu Yusuf and Muhammad ash-Shaybaani WERE INDEED mujtahids al-Mutlaq (the highest level of scholar, #1 above). And yes, they very well could have started their own madhhabs (and technically they did). However, you are not doing justice to their immense sincerity when you say that they followed Abu Hanifah "out of respect" for him.

The truth is that they AGREED with Abu Hanifah. They didn't "follow him out of respect." Rather, in full sincerity, with the full conviction of their hearts, they actually agreed with the Usool of Abu Hanifah. And as a result, they were not following him at all. Rather, they were following their own ijtihad, which happened to be the same as Abu Hanifah's.

But note that when they disagreed with Abu Hanifah, they did not make taqleed of him. Rather, they followed their own ijtihad, which is what every mujtahid MUST do.

[DoctorBretonDen]

This is a horrible thing to say! The great scholars Abu Yusuf and Muhammad ash-Shaybaani WERE INDEED mujtahids al-Mutlaq (the highest level of scholar, #1 above). And yes, they very well could have started their own madhhabs (and technically they did). However, you are not doing justice to their immense sincerity when you say that they followed Abu Hanifah "out of respect" for him.

The truth is that they AGREED with Abu Hanifah. They didn't "follow him out of respect." Rather, in full sincerity, with the full conviction of their hearts, they actually agreed with the Usool of Abu Hanifah. And as a result, they were not following him at all. Rather, they were following their own ijtihad, which happened to be the same as Abu Hanifah's.

But note that when they disagreed with Abu Hanifah, they did not make taqleed of him. Rather, they followed their own ijtihad, which is what every mujtahid MUST do.

Very important point.

[Repwailia]

Assalam o alaykum,

Shafites' Classification:

Imam al-Nawawi, Imam Jalal al-Din al-Suyuti, Ibn Hajar al-Makki [may Allah have mercy on them] and other Shafi`i scholars classified the faqihs in the following manner:

1. Mujtahid al-Mutlaq:

a. Mustaqil: He is a mujtahid in Shari`a.The leaders of the four madhabs belong to this classisfication and are experts in their fields.

b. Muntasib: He is free in the madhab. He follows the methodology of his School, but is free in al-furu' ( detailed issues of fiqh).

They include the likes of Imam al-Qaffalal-Saghir, Imam al- Haramain, Imam Ghazzali, Imam Abu Ishaq al-Shirazi, Imam Abu Ali al-Marwazi [may Allah have mercy on them].

2. Mujtahid al-Muqayyad:

a. Mujtahid in madhhab: They make ijtihad only in their madhabs.

b. Mujtahid fi 'l-Fatwa: This group of mujtahids are those who give fatwa by preferring one of the opinions expressed in their madhab. Shafites do not come down to accept the other levels of scholars as faqihs.

Excerpts from Usul al-Fiqh of Dr. Yusuf Ziya Kavakci.

[dayclaccikere]

7. Simply Muqallids - These are those who simply memorized the majority of the hukms and problems and their solutions in their schools of thought.

Many faqihs after 800 A.H. are in this group such as Allamah Ibn `Abidin [may Allah have mercy on him].

Taken from Majuma al-Fatawa of Allamah Abdul Hay Lukhnawi [r.h] and Usul al-Fiqh of Dr. Yusuf Ziya Kavakci.

Interesting to see what other scholars have said about this division and in what category they have included the Ulama. Mawlana Anwar Shah Kashmiri (in Fayd al-Bari) considered Ibn Nujaym, Shah Abdul Aziz and Rashid Ahmad Gangohi a greater faqih than Ibn Abidin by the way.

واعلم أن ابن نُجَيْم أفقه عندي من الشَّامي لِمَا أرى فيه أن أمارات التفقُّه تَلُوح، والشَّامي مُعَاصِرٌ للشاه عبد العزيز رحمه الله تعالى، وهو أفقه أيضًا عندي من الشَّامي رحمه الله تعالى، وكذا شيخ مشايخنا رشيد أحمد الكَنْكُوهِي - قُدَّسَ سرُّه - أفقه عندي من الشَّامي

[Buyemae]

Interesting to see what other scholars have said about this division and in what category they have included the Ulama. Mawlana Anwar Shah Kashmiri (in Fayd al-Bari) considered Ibn Nujaym, Shah Abdul Aziz and Rashid Ahmad Gangohi a greater faqih than Ibn Abidin by the way.

واعلم أن ابن نُجَيْم أفقه عندي من الشَّامي لِمَا أرى فيه أن أمارات التفقُّه تَلُوح، والشَّامي مُعَاصِرٌ للشاه عبد العزيز رحمه الله تعالى، وهو أفقه أيضًا عندي من الشَّامي رحمه الله تعالى، وكذا شيخ مشايخنا رشيد أحمد الكَنْكُوهِي - قُدَّسَ سرُّه - أفقه عندي من الشَّامي

Who is Ibn Nujaym

and

What is Fayd al Bari about?

[BronUVT]

Who is Ibn Nujaym

and

What is Fayd al Bari about?

Ibn al-Nujaym is a great Hanafi faqih (d.970 AH) who wrote al-Bahr al-Ra'iq, a commentary on Kanz al-Daqa'iq.

Fayd al-Bari is Allamah al-Kashmiri's excellent commentary on Sahih al-Bukhari.

[illilmicy]

Excellent, excellent thread.

Jazakallahu Khair.

[Q0KmoR8K]

Assalam o alaykum,

Levels of Hanafi fuqaha and scholars.

1. Mujtahideen fil Shar'a – These are those who don't follow any other mujtahids and are the source of methods and principles to be followed by others.

These include the likes of Imam Abu Hanifa, Imam Malik ibn Ans, Imam Muhammad bin Idris Shafi, Imam Ahmad bin Hanbal [may Allah have mercy on them], etc.

2. Mujtahideen fil madhab – These are those who have the capability of deriving ruling (ijtihad) from the sources of Shari’a and even though they disagree with mujtahideen fil shara on certain matters but in principle (usool) they are in conformity with them.

These include the likes of Imam Abu Yusuf and Imam Muhammad bin Hassan al-Shaybani [may Allah have mercy on them].

3. Mujtahideen fil Masail – These are those who derive ruling (ijtihad) in those issues (masail) regarding which there is no report from mujtahideen of the school.

These are the likes of Imam Kashaf, Imam Tawahi, Shams al-Ai’ma Abul Hassan Karkhi, Shams al-Ai’ma Halawai, Shams al-Ai’ma Sarakhsi, Imam Bazdawi, Imam Qadi Khan [may Allah have mercy on them], etc.

4. Ashab Takhreej – This group does not have authority for ijtihad. They just clarify what are not clear in their school books based on other texts of their imams .They very rarely draw some rulings from the nas, when there is none.

Example of this level would be Imam Bazzazi, Imam Abu Bakr al- Jassas and Abu Abd Allah al-Jurjani [may Allah have mercy on them].

5. Ashab Tarjeeh - This group distinguishes between different narrations within the madhab and decide on those opinions which are better and more accurate than the others among the opinions and reports made in their school.

Example of these would be Imam Marghinani [author of Hidaya], Imam Abul Hassan Ahmad Qudoori, Muhaqqiq mutlaq Imam bin Humam [may Allah have mercy on them], etc.

6. Ashab Tamyiz - This level of muqallid scholars are able to distinguish between strong and weak opinions within the school as well as Zahir al-Riwayah and Nawadir.

They include the likes of Imam Abul Fadl Abdullah bin Mahmud [author of Mukhtar], Taaj al-Sharia Mahmud Mahbubi al-Bukhari [author of Wiqaya], Imam Muzaffaruddin Ahmad bin Ali [author of Majma al-Bahrain], Imam Abul Barakaat al-Nasafi [author of Kanz], as well as Imam ibn Nujaym al-Hanafi [may Allah have mercy on them all].

7. Simply Muqallids - These are those who simply memorized the majority of the hukms and problems and their solutions in their schools of thought.

Many faqihs after 800 A.H. are in this group such as Allamah Ibn `Abidin [may Allah have mercy on him].

Taken from Majuma al-Fatawa of Allamah Abdul Hay Lukhnawi [r.h] and Usul al-Fiqh of Dr. Yusuf Ziya Kavakci.

Dear Brother, Assalaamoalaikum.

Jazakallah for such worthwhile information.

Would it be possible to know what formal education one would need to reach each of the levels mentioned - broadly? Starting from scratch, of course.

Jazakallah khair for your effort.

Brotherly yours
farook

[JanetMorris]

Dear Brother, Assalaamoalaikum.

Jazakallah for such worthwhile information.

Would it be possible to know what formal education one would need to reach each of the levels mentioned - broadly? Starting from scratch, of course.

This is what I have came across regarding some of the requirements for a mujtahid.

1. Mujtahid must know Arabic either by the way of nature and birth or by the way of learning. Since the sources are in Arabic, it is a must to know Arabic to minimise the possibility of misinterpreting revelation on purely linguistic grounds.

2. Mujtahid must know the Qur'an, properly with all its possible contents including the knowledge of nasikh, mansukh, asbab al-nuzul and all allied sciences.

3. Knowledge of hadith, like wise, is a must together with its usul and assessment of narrators and of the text.

4. Knowledge of the positions of consensus (ijma) and views of the Companions, Followers and the great imams.

5. Knowledge of usul al-fiqh, science of juridical analogy (qiyas), its types and conditions.

6. Knowing the general objectives (maqasid) of the Shari'a. I am afraid I am not capable of answering about the other categories.

[meencegic]

This is what I have came across regarding some of the requirements for a mujtahid.



I am afraid I am not capable of answering about the other categories.

My dear Brother Khanbaba, Assalaamoalaikum.

Jazakallah khair for the information.

Brotherly yours
farook

[PristisoliTer]

Assalam o alaykum,

Al-Ifta'

A concept which may also be related to ijtihad is al-Ifta' (to give Fatwa). Fatwa is the Shar`i answer to a question related with an Islamic issue. The plural is Fatawa, the person asking the question is mustafti, and the one who gives Fatwa is mufti.

Mufti must, in reality, be a faqih at the level of ijtihad. So according to the Usul al-Fiqh, real muftis are mujtahids and naming muftis the persons who are not at the level of mujtahids is nothing, but allegorical way (majazi). Muftis, if they are not at the level of mujtahids, are just naqils (narrators/reporter).

Fatwas are given by:

1. Ijtihad.
2. Takhrij.
3. Reporting the view of mujtahids.

Each school of thought has its own way of dealing with the ifta institute with some requirements.

Hanafis have three types of sources:

1. Zahir al-Riwayah: Ijtihads and opinions of Imam Abu Hanifah, Imam Abu Yusuf and Imam Muhammad [may Allah have mercy on them]. This group is the strongest of its kind.

2. Nawadir: These are not as authentic as Zahir al-Riwayah.

3. Nawazil (al-Waqi`at, al-Fatawa): These are the opinions of imams other than Abu Hanifa, Abu Yusuf and Imam Muhammad.

Mufti in each case must mention the mujtahids name he is referring to and the name of the book he is basing his fatwa on. Of course, there are some rules and regulations to be followed by muftis when he is to select one opinion from several opinions available on the subject in his madhhab.The enormous amount of literature already available in this area will help the mufti in his Fatwa.

[Excerpts from Usul al-Fiqh of Dr. Yusuf Ziya Kavakci].

to be continued...

[prpaims]

Salam

There are some within the Hanafi's who differ about the above categories. I can't remember where I was reading it, it has something to do with Ibn Kamal Pasha who might have come up with the division or might have critiqued it, I don't have my books at hand so can't look to check up.

I do recall that Shaykh Abu Zahra in his work on Imam Abu Hanifah also critiques the division as towards the end of it (excluding those who make pure taqlid) there seems to be an overlap and not much of a difference in the definitions of each layer of ulema.

With regards to Imam Ibn Abidin al-Shami, Mawlana Sindhi in his Hashiyah on al-Quduri launches into him in his introduction which was quite surprising (and a little disturbing).

Ws