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Fatwa #39027 August 2000Pakistan

Is it possible for one of the 4 Imams to be incorrect in their Ijitihad?Does anyone of our time have the intellect or knowledge to challenge any ijtihad they have made?

Answer

There is a stark difference between the rulings of The A'imma-e-Mujtahideen%0D%0Aand a fatwa. The A'imma-e-Mujtahideen i.e. Imam Abu Hanifa, Imam Shaafi,%0D%0AImam Ahmad ibn Hambal, and Imam Maalik (Rahmatullaahi Alaihim) were all%0D%0AMujtahids. Their knowledge in the tafsir of the Noble Qur%E3n and Ahaadith of%0D%0ARasulullah (Sallallaaahu %C1layhi Wasallam) was so vast that they had the%0D%0Aability to independently arrive at a decision on any one issue. Hence the%0D%0Adifference of opinion among the Imams are differences stemming from%0D%0AMujtahideen and their different Principles of Ijtihaad. On the other hand,%0D%0Athe %DAlama of Azhar, Deoband, etc. are not Mujtahideen. They are very far%0D%0Aaway from the shores of Ijtihaad.%0D%0A%0D%0AJalaaluddeen Suyuti (Rahmatullaahi Alaihi), a great and renowned scholar who%0D%0Ahas contributed in almost every field, viz. Tafseer, Hadith, Usul%0D%0A(Principles of) Tafseer, Usul-ul-Hadith (Principles of Hadith), Fiqh,%0D%0APrinciples of Fiqh, etc. was not accepted as a Mujtahid by his%0D%0Acontemporaries. The %DAlama of today do not qualify to be Mujtahids, hence%0D%0Athey are followers of their respective Imams. Their differences of opinion%0D%0Ado not stem from differences of opinion in the "Principles of Ijtihaad".%0D%0AThey are rightly Muqallideen (followers) of their respective Imams. The%0D%0Adifferences of opinion may be categorised as:%0D%0A%0D%0Ai) following a different Mazhab; or%0D%0Aii) following the same Mazhab, with variational differences, e.g.%0D%0Amisinterpretation of the Imam's view.%0D%0A%0D%0AIn the first case the difference among the %DAlama is in fact the difference%0D%0Aof opinion among the A'imma-e-Mujtahideen and, therefore unobjectionable.%0D%0AEvery individual should follow the opinion of the Imam he follows.%0D%0A%0D%0AIn the second case if the differences are due to misinterpretation or%0D%0Aignorance of the Imam's principles or opinion then it will be objectionable.%0D%0ASuch views cannot be tolerated as the views of the different Imams. The%0D%0Aviews of the different Imams stem from their Ijtihaad whereas the views of%0D%0Athe %DAlama ought to stem from the principles set out by their Imams.%0D%0ATherefore the differences among the %DAlama are very far from the differences%0D%0Aof the Imams.%0D%0A%0D%0AReverting to your first question, the %DAlama of Azhar are not Mujtahideen,%0D%0Aand as a result they are not in a position to be Imams. Furthermore, a%0D%0Anon-Aalim may follow a learned Muqallid of his Mazhab as a guide in order to%0D%0Amake proper Taqleed of his respective Imam.%0D%0A%0D%0AWhen following a learned Muqallid, it is important to know his source of%0D%0Aknowledge. It should be noted that the source of education has an influence%0D%0Aon an individual's future and direction in life.%0D%0A%0D%0AThe Aalim must also be firmly adhering to and practising on the Noble Qur%E3n%0D%0Aand the Sunnah of Rasulullah (Sallallaaahu %C1layhi Wasallam) i.e. The%0D%0AShari%E1h.%0D%0A%0D%0AOne should avoid following the Azhari Ulama in the belief of making their%0D%0ATaqleed.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0A
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