Why we Hanafees still insist in praying the Witr 3 rakah like the Magrib if Nabi SAW has prohibited to do so?

The Deen of Islam is very diverse and it accommodates for every nation/people. The Ahaadith of Nabi [sallallaahu alayhi wasallam] are so many, that it is difficult for every person to be well aware of each and every Hadith at one given moment. There are so many Ahaadith that ‘apparently’ contradict one another. It requires great expertise for one to be capable to have complete cognisance of every Hadith and its exact purport. Allah has blessed the Ummah with four great scholars who were capable to fulfil these extremely difficult tasks. These four Imaams, viz. Imaam Abu Hanifa [ra], Imaam Maalik [ra], Imaam al-Shaafi’ee [ra] and Imaam Ahmad [ra] have deduced their respective rulings keeping the above in mind. They have actually favoured the Ummah by removing this strenous task from our shoulders.

It will be highly unjust for us to come in this belated age, open a book of Hadith, take out one Hadith and discard all the other Ahaadith on the respective topic and question the authority of the Imaam on his juristic deduction pertaining to that particular Mas-ala. The very issue in question is a perfect example regarding the above. There are other Ahaadith that mention Witr to be like Maghrib. Ibn Abbaas [radhiallaahu anhu] mentioned that ‘Witr is similar to Maghrib Salaat.’ (Muatta of Muhammad). Al-Muhaddith Zafar Ahmad verified this Hadith as Hasan [sound]. (I’elaa-us-sunan Hadith1676). There are many Ahaadith to this effect. (Ibid vol.6)

Imaams of Fiqh have understood each Hadith in its proper perspective and based their rulings accordingly. Therefore, Imaam Abu Hanifa ruled that the Hadith prohibiting Witr resemble Maghrib means; in the third Rakaat of Maghrib only Surah Faatiha is recited, so Witr should not be like that. Together with Surah Faatiha, one should recite a Surah, make Takbeer and recite Qunoot also. If Witr is read in Jamaat, then its third Rakaat should not resemble the third Rakaat of Maghrib Salaat. In Maghrib, the Qiraat is recited softly, and in Witr it is audible.

The Hadith that mentions Witr resembling Maghrib will mean both Witr and Maghrib consists of 3 Rakaats each and the salaam is made at the end of the third Rakaat. In this manner, he reconciled between both Ahaadith and by abiding by his ruling we will be practicing on both the Ahaadith. Therefore, the safest method of practicing Deen will be to hand over all our Deeni matters to one of the 4 Imaams of Fiqh and follow him in every aspect. It will be very inappropriate, rather misleading and confusion for one to pick a Hadith from a Hadith book and begin questioning the authority of the Imaams.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai