Keller wites:
The word madhhab…refers to a mujtahid’s choice in regard to a number of interpretive possibilities in deriving the rule of Allah from the primary texts of the Qur’an and hadith on a particular question.
We reply:
First of all, we will start our reply by quoting a saying most people don’t know:
Muaaz bin Jabal raziallahu anhu is reported to have said :
“Even if an Aalim is on the right path, don’t do his taqleed”
امّا العالم ان اهتدى فلا تقلّدوه دينكم
Jami’ bayanul ilm vol2,pp 111 and Imam DaraQutni said it is Sahih. Abdullah b. Mas’ood radhiAllah ‘anhu also explicitly stopped from taqleed, as narrated in a sahih narration by baihaqi in al sunan al kubra vol2 , page10. Another narration from him was narrated by Tibrani in his ” Al Kabeer ” and its narrators are the narrators of Al-Sahih, according to Al-Haithami in Majma’ Zawaid, page 180, vol 1. Here also he stops every body from taqleed. Let me assure you there is no single explicit saying of any sahabi which praises “taqlid”. Taqlid means blidly following a scholar without knowing what his verdict is based upon from the sources of Quraan and Sunnah. Asking a random scholar for a verdict and following him in that if he assures that his verdict is based upon the Quraan and Hadith, or if he mentions his evidences is not part of Taqleed.
The correct methodology in following the mazahib is to follow the evidence, not the particular Imam in everything he said. Of course people vary in their ability to do so, but following the evidence is the original principle and no one is burdended more than his capacity. As Ibn Taymiyyah said “Taqleed is haraam like meat of a dead animal. It only becomes halaal in case of necessity” (Sharah Nazm Al-Waraqaat by Al-’Uthaymeen). That was my argument that making it obligatory on the layman in all circumstances is wrong. Whenever a layman is able to see the evidence it is obligatory for him to follow it. When he is not able to, he can follow the most pious scholar he can get (which is ijtihaad from him), and follow his knowledge based opinion, which is not taqleed at all if that scholar mentions his evidence (Sharah Nazm Al-Waraqaat by Al-’Uthaymeen).
Secondly, the madhab is based not only on the “primary texts of the Qur’an and hadith”, but also on the “qiyaas” (anology, apparent or otherwise, between two cases). This is generally used when the particular cholar was unable to find direct evidence from Quraan and Sunnah and used an analogy which may and may not be correct. For example one madhab says that the buyer or the seller don’t have to leave the place where the agreed on the sale to confirm the deal (as was the practice of Sahabah, see Tirmizi). They base it on the qiyaas, that physical separation is not possible always, for example if they were in a boat. Hence they leave the correct evidence, when it is possible to follow it in favor of a remote possibility.
We give another example. The Hanafis, for example when doing Sujdah as-sahv say salam on the right side only and then repeat sujood and tashahhud and say salaam on both sides.And there is no evidence for first saying salaam only on the right side and then on both sides.
Keller:
In a larger sense, a madhhab represents the entire school of thought of a particular mujtahid Imam, such as Abu Hanifa , Malik, Shafi’i , or Ahmad –together with many first-rank scholars that came after each of these in their respective schools, who checked their evidences and refined and upgraded their work.
We reply:
It is well known that scholars who were students of these imams rejected many of their views because they found many hadiths which their teacher did not find. e.g.
1. Imam Abu Yousuf and Imam Muhammad (students of Imam Abu Hanifa ) opposed their own teacher in at least a third of his opinions (A’laam Al-Muwaqqa’in)
2. Similar is the opposition of Imam Muzani to Imam Sahfie .
If this is indeed a refinement of the works of the Imams, what stops us from opposing the Imams and following the evidence? Now compare this to the following excerpt from taqreer Al-Tirimzi by Shaiekh Mahmudul hasan deobandi. He did a long commentary all the way from ppp 48 to 49 on a single hadeth of sunan tirimzi. Imam Abu Haneefah and Imam Shafei disagreed about the issue of khyar ul mujlis based on this issue. After listing the evidences of the two sides he says:
“So the conclusion is that that the issue of khayar is from important issues and the majority opposed Abu Hanifa on this issue and many new and old scholars wrote treatises to reject his mazhab in this issue and Maulana Shah Wali ullah Dahlavi qudsirrahu preferred Sahfei’s mazhab in his ‘rasaail’ due to the evidences from Quraan and Sunnah and likewise our sheikh mudda zillahu (mahmoodul hasan deobandi) said that haq and insaaf (truth and justice) is that preference should be given to Shafei in this issue, and we are muqallids the taqleed of our Imam Abu Hanifa rahimahullah is wajib (mandatory) on us, and Allah knows best .”
(Taqreer e Tirimzi by sheikh mahmoodul hasan, pp 49, pub. Maktaba rahmania, Lahore .)
Did he not read: “It is not fit for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. Whosoever disobeys Allaah and His Messenger has indeed strayed in a plain manner.”
Al-Ahzaab 33:36.
NHM writes:
The mujtahid Imams were thus explainers, who operationalized the Qur’an and sunna …
We respond:
This is blasphemy! Quran and Sunnah was operational a century before the first of these 4 honorable Imams started seeking knowledge ( Imam Abu Hanifa was born in 80H and he did not start seeking knowledge before he was in his twenties). Allah says: “This Day have I perfected your Religion for you, completed My favour upon you and have chosen for you Islaam as your Religion.” Sooratul-Maa’idah 5:3
Keller writes:
…. so Muslims are of two types, those who can do this by themselves, and they are the mujtahid Imams; and those who must do so by means of another, that is, by following a mujtahid Imam, in accordance with Allah’s word in Surat al-Nahl,
” Ask those who recall, if you know not ” (Qur’an 16:43)
We respond:
On page 74, volume 2 of A’laam ul Moq’ieen , Imam Ibn Qayyim says:
“
CHAPTER: The Munaazara (discussion) that took place between the Muqallid and the person with proofs from Quraan and Sunnah (Sahib ul Hujjah):
The Muqallid said “we the nation of Muqallids is acting upon the Ayah “Ask the Ahl ul Dhikr if you know not!” (Nahl 43). Thus Allah has commanded those who have mo knowledge to ask those who are more knowledgeable than him, and this is the shar’i proof that we have for our saying (taqleed).
Then on page 89 of the same volume the Sahib ul Hujjah replies;
The 34th evidence is that what you have mentioned is itself an evidence and proof against you, because Allah has commanded to ask the Ahl-ul-Dhikr and Dhikr is only Quraan and Hadith, which is what Allah ordered the women of His Prophet sallallahualaihiwasallam to remember with his saying: “And remember (wadhkurna : i.e. do dhikr), that which is recited in your houses of the Verses of Allâh and AlHikmah (i.e Sunnah) (Al-Ahzab 33:34)”. So this is the Dhikr that Allah has asked us to follow and ordered the one who does not have knowledge to ask its ( i.e. Dhikr’s) people (Ahl). And this is the wajib which is compulsory upon all men to ask the Ulema about the Dhikr that he revealed to His Prophet sallallahualaihiwasallam so that they inform him of the Dhikr, and when they inform him of it he does not do any effort to disobey it.
And this was the condition of the Imams among the Ulema, they did not have any particularly appointed Imam which they followed in all that he said. And Abdullah bin Abbas radhiallahuanhu used to ask the Sahaba about what he sallallahualaihiwasallam said or did or his ways, he did not ask them about anything else (Ibn abbas radhiallahuanhu was young at the time of the Prophet’s sallallahualaihiwasallam death, hence our sheikh Moulana Muhammad Saleem said that he himself narrated very few hadiths himself and the rest he narrates from other sahabah radhiallahuanhum.) And likewise the Sahabah used to ask the Mothers of the believers, especially Aisha radhiallahuanha about his sallallahualaihiwasallam actions in his house, and likewise the tabi’een used to ask the Sahaba radhiallahuanhum about their Prophet sallallahualaihiwasallam only (faqat). And likewise the Imams of Fiqh, like Shafei said to Ahmed (rahimahumullah) “O Abu Abdullah! You are more knowledgeable of the Hadith than me. So when a hadith becomes Sahih (in your opinion) then inform me, so that I make it my mazhab, whether the narrators are of Syria or Kufa or Basra “. And there is none of the Ulema who used to ask only about the opinion (rai) of a man as it is or his mazhab and stuck to that and for his/its (depending upon how u look at the pronoun) sake left all that is against it.”
Keller writes:
While the call for a return to the Qur’an and sunna is an attractive slogan, in reality it is a great leap backward, a call to abandon centuries of detailed, case-by-case Islamic scholarship…
We reply:
This is blasphemous again. Al-Kamaal ibn Al-Hummaam was one of the foremost Hanafee scholars. He was author of various large works of Hanafee Fiqh mentions in at-Tahreer, a book about the basics of the fiqh of the Hanafees that, “Sticking to a particular madhhab is not obligatory in the correct view, since it has not been imposed as a duty, as nothing is obligatory except that which Allaah and His Messenger have obligated; neither Allaah nor His Messenger have made it obligatory for anyone to follow the madhhab of any man of the scholars, so that he follows him in his Deen in everything and leaves what comes from other than him. The best generations passed by without saying that it is binding to follow a
particular madhhab, whereas most of the blind-followers say, ‘I am a Hanafee’, ‘I am a Shaafi’ee’, whereas he knows nothing about the way of his Imaam, he does not become his follower just by saying that, in the same way as if he said, ‘I am a scholar ‘ or ‘I am a writer’, he does not become that just by saying it, while he is far away from the way of his Imaam. So how is it correct for him to claim allegiance (to a madhhab) due only to his abstract claims and meaningless saying?!”
Keller concludes:
The rhetoric of following the shari’a without following a particular madhhab is like a person going down to a car dealer to buy a car, but insisting it not be any known make–neither a Volkswagen nor Rolls-Royce nor Chevrolet–but rather “a car, pure and simple”.
We reply:
NHM ends his article by mentioning a sick example of comparing go-cart and Mercedes to “pure and simple” Quraan and Sunnah and Madhabs. We ask him, does Islam come in these brands, then why did the Prophet sallallahualaihiwasallam not tell us about them. The Mother of the Believers, ‘Aaishah – radiallaahu ‘anhaa – said : “Whoever says to you that Muhammad (Peace be upon him) kept secret anything sent down to him, has lied.” Reported by al-Bukhaaree, Muslim, al-Tirmizi and others.