Alhamdullilahi Rabbil A’lamin, Wasalatu Wasalam Ala Rasoolillahil Karim,
1. Im interested in the statement that madhabs were enforced due to partisanship and not due to scholarly foresight or decision, can i gain further information to read up??
Allaah the Mighty and Majestic said,
“And do not be like the ones who became divided and differed after the clear proofs had come to them. And those will have a great punishment.” (Soorah Ale-Imran:105)
Such obstinance understanding of the madhabs and this staunchness led to further problems with the madhabs, in that there were more extreme and grave differences. This lead to some serious consequences and the following can only but show the fruits and affects of taqlid and blind following.
For example Yaqut Hamawi whilst writing his description and notes about the area of Rayy, he says first the hanafis and shafis joined forces and expelled and refuted the shia, thereafter he adds, “Then the hanafis and the shafis began fighting, the shafis despite being less in number would always be victorious to the extent that the hanafis of ar-Rustaq would come to aid their fellow hanafis but to no avail. In the end only those from amongst the hanafis and shafis were saved who hid their madhab and turned their houses into places of shelter and if they had not done this then no one would have been saved.” (Mu’ajam al-Buldan 3/117 and Dhuhr al-Islam 1/80)
Likewise and similarly he writes about Isbahan, “During this era and the time before around Isbahan and the surrounding areas due to the bigotry and partisanship of the shafis and hanafis, discord and dissension spread. A battle between them waged for 8 continuous days, when one would overpower the other they would destroy and demolish their houses and burn them and in doing so they would not feel any remorse or sorrow and this calamity befell a large group of people.” (Mu’ajam al-Buldan 1/209, al-Kamil 11/319, Dhuhr al-Islam 1/80)
Allamah Ibn Athir said concerning the events of 323H, The status of the Hanabillah grew, so wherever they saw fermented alcohol they would spill it and wherever they saw a singer they would hit him and also brake the musical instrument. If they would see a man with a woman or children they would ask him who they were? If he replied correctly they would let him go and if not they would severely beat both of them and declare her to be a fahishah and then hand her over to the government officers.
In the end Badr al-Kharshani made a public disorder announcement in Baghdad and said no two hanbalis can get together nor should anyone debate or quarrel with them and the Imams should recite Bismillah loudly. This then fulled the situation even more and if the hanbalis found a shafi they would severely beat him, rendering him unconscious.” (al-Kamil 8/307-308 and Dhuhr al-Islam 1/79-80).
Allamah Ibn Athir also wrote concerning the events of 447H, he says? “The shafis and the hanbalis had severe standoffs and argumentations in Baghdad under the leadership of Abu Ali bin Fura and Ibn Tamimi both hanbalis. The hanbalis began to severely warn against reciting Bismillaah loudly in the prayer, from reciting the qunoot in the fajr prayer and the secondary Adnan. At one masjid they prohibited the imam from reciting Bismillaah loudly in the prayer. So the imam bought the Quran to them and told them to erase the words of Bismillaah from the Quran so that he does not have recite it loudly.” (al-Kamil 9/614)
And in the events leading upto 475H he wrote that the Shaikh Sharif Abul Qasim al-Bakri al-Maghribi came to Baghdad and he was an Asha’ari Shafi. He delivered lectures in Madrassah Nizamiyyah and he said whilst addressing the Hanabillah whilst reciting the ayah (Soorah al-Baqarah:102), “Sulaiman (Alayhis Salam) did not commit kufr but shaytan did and by Allaah I do not say (Imam) Ahmad committed kufr but his followers are kafirs!!!” (Siyar A’laam an-Nabula 18/562, al-Kamil 10/134)
In the same Madrassah of Nizamiyyah when the son of Shaikh Abdul Karim Abul Qasim al-Qushairi, Abu Nasr came to Baghdad in 469H he delivered lectures and admonitions in the Madrassah. He was Asha’ari and hence had a vehement difference with the Hanbalis. So this dissention and extreme animosity between the two became so propelled and violent that a group of them died in the fighting and killing that pursue. (Wafyat al-A’yan 3/208, Dhail Tabaqat al-Hanabillah 1/19-21, Siyar al-A’lam an-Nabula 18/319)
And when Imam Ibn Jarir at-Tabari died the Hanabillah refused and stopped him from being buried in the graveyard of the Muslims!!! So he had to be buried during the darkness of the night. (al-Bidayah Wan-Nihayah11/146, Zuhr al-Islam 2/40)
Shaikh Muhammad bin Muhammad, who was a Shafi also came to the Madrasaah Nizamiyyah and started to deliver lectures and sermons. One day he started to have bad stomach pains and then eventually died. Then a whole group of people in the gathering also died. Later it was reveled that the Hanabillah had poisoned the food. (al-Kamil 11/376), Mir’atul Janan 3/382)
Allamah Ibn Athir writes, “In the year 317H a major tribulation took place, Imam Abu Bakr al-Marwazi al-Hanbali and his student and the other people disagreed and differed with regards to the explanation and tafsir of the statement of Allah, “it is expected that your Lord will resurrect you to a praised station.” (Soorah al-Isra:79). So they differed so much with each other that they started fighting and killing one another, that a large number of people were killed on both sides.” (al-Bidayah Wan-Nihayah 11/162, al-Kamil 8/213)
And in Egypt which was known as the hub and home of the shafis and they considered it to be their homeland because Imam Shafi migrated there. When the ruler at the time died, they said this was punishment for him because he had allowed jurists and judges of the other madhabs to issue edicts and verdicts. (Tabaqat Shafiyyah 1/174, The laste Indian Hanafi Scholar Shaikh Abul Hasan Ali Nadwi also cited this in his book. Tarikh Dawat Wa Azimat 2/34)
Muhammad bin Musa who died in the year 506H, was a Hanafi and the Qadhi of Damascus. He would say, “If I was the ruler I would take jizyah from the Shafis.” (al-Jauhar al-Mudhiyyah 2/136 and Meezan ul-Ei’tidaal 4/52)
And the jizyah is like a tax the Muslim government takes from the non Muslims residing in the Muslim lands and here a Hanafi Qadhi is saying if he was in authority or power he would take this tax from the Shafi Muslims. What does this say about Muhammad bin Musa’s opinion about the Shafis when the jizyah is taken from the disbeleivers?
And some of them went on further to say, it was impermissible for Hanafis and Shafis to get married. Hence Shaikh Safkardi Hanafi said, “It is not possible (or appropriate) for a Hanafi to wed his daughter to a person who is upon the Shafi madhab however a Hanafi man can marry a Shafi girl.” (Fatawa al-Bazaziyyah 4/112 printed on the margins of al-Hidayah and also refer to al-Bahr ur-Raiq 2/51).
And here Shaikh Safkardi Hanafi likened the situation to a Muslim man marrying a woman of the book and we also know a Muslim woman cannot marry a man from amogst the people of the book. Also note that he falls short of actually declaring it unlawful.
Also the hanafis, namely the hanafi jurist Abu Laith as-Samarqandi would say praying behind the Shafis is only permissible if the Shafi is not staunch or bigoted and he does not say concerning his Imam that he is inshallah a believer, that he does not majorly change the direction of Qiblah, if he does wudu if anything liquid is discharged other than his privates, if he has done wudu from a container that has 2 qullas of water and has impurities in it and that he does not raise his hands whilst going into ruku and rising from it. (Fatawa an-Nawazil pg.48-49, similar ideads have also been cited in Qadhi Khan 1/43, Radd al-Mukhtar 1/563-564, Fatawa Alamghiri with Qadhi Khan 1/84, Fatawa Tatarkhaniyyah 1/652 and also Fath ul-Qadir 1/313)
The Shafis during their eras were also vehemently ferocious against the Hanafis and would also prohibit and declare it to be unlawful to pray behind the Hanafis just on the basis of differences in Fiqh. For example if the hanafi imam touched his wife whilst being in a state of wudu or if he did not pray in a clam manner. Imam Nawawi went onto say praying behind them under such circumstances was impermissible according to Shaikh Ibn Qaffal and this was also the position of the majority (of the scholars of the shafis) and this is what is correct.
He goes onto say Shaikh Abu Ishaq Isfaraini said that a Shafi should never pray behind a hanafi, also they say if a Hanafi did wudu according to Shafi way then according to the majority (of the shafi) scholars praying behind such an Imam is correct. Shaikh Ibn Qaffal said his prayer is incorrect. Etc. Also statements of this kind have been cited from Shaikh al-Awdani and Shaikh al-Halimi who were from the major Shafi scholars. (The details of which can be seen in Sharh al-Muhazab of Imam Nawawi 1/203 and 4/289)
The Hanbalis and Shafis argued and debated on issues of belief and this reached such heights that it was said by the Hanbalis, “Whoever is not a Hanbali is not a muslim.” (Siyar A’lam an-Nabula 18/508, Dhail Tabaqat al-Hanabillah 1/52)
The Hanbalis would say on the minbar, “I have been a Hanbali all of my life and so if I die I advise you, oh people become Hanbalis.” (Dhail Tabaqat al-Hanabillah 1/53 and Tabaqat ash-shafiyyah 3/117)
The results of such fighting and argumentation led to the likes of Imam Juwaini writing his book agasint the Hanafi madhab ie his Mugith al-Khalq. He wrote numerous accounts of examples and incidences of partisanship and extreme bigotry which cannot be understood even in light of history.
Then Imam Ghazali followed suit and any remaining scope or possibilities he fulfilled and completed, thereby authoring his ‘al-Makhul’. Thereafter he presented it to his teacher Imam Juwaini, who after seeing it said, “You have buried me alive, you should have at least waited after my death.” (al-Munthazam 9/169)
This shows the level of differences and disagreements that occurred between the madhabs and the level and extent this was rampant throughtout the Muslim Kindom. This also the reason why Imam Juwaini said all the Muslims should do taqlid of Imam Shafi (refer to Imam Juwainis Mugith al-Khalq) and this is why Zahid al-Kawthari, the arch Hanafi in his ta’assub and bigoted staunchness wrote a book refuting Imams Juwaini’s book.
In thr western Muslim Kingdom like Spain the Maliki Madhab was widespread and we have already mentioned in Part 1 how the Muslims of the area behaved with Imam Baqi Ibn Mukhlad. The Mailiks were not innocent of the shenanigans of the fight of the Madhabs.
One head of the Malikis frabricated a hadith and attributed it to Abdullah Ibn Masood (RadhiAllahu Anhu) that he allegedly said he prayed behind all of the 4 Khaliphs and none of them raised their hands except for the first time!!! When it is known that Abdullab Ibn Masood (RadhiAllahu Anhu) died in 32H and hence therefore could not have prayed behind Ali (RadhiAllahu Anhu) and all of the years behind Uthman (RadhiAllahu Anhu)!!! Is this not extreme partisanship and staunch bigotry. (For for more details refer to Tartib al-Madarik 3/143, Lisaan al-Mizaan 1/458, Dhail al-La’ie pg.180)
The affair continued and they said if a Hanafi became a Shafi his testimony or him being a witness will not be accepted. (Refer to Durr al-Mukhtar, the Chapter of Testimony).
In its explanation they said, “The individual who changes his madhab without a reason will be punished and the reason for this is the sin in his testimony being rejected. This is because it is not permissible for a lay person to change his madhab to a different one and the Hanafi and Shafi madhab are agreed upon this. It has also been mentioned if someone (ie a Hanafi) was to change his madhab to become a Shafi in order to get married, then we fear that if he was to die his iman would leave him.” (Radd al-Mukhtar 7/147, also refer to Fatawa Alamghiri 2/169 and Durr al-Mukhtar with Radd al-Mukhtar 4/80)
The famous explainer of Hidayah, Amir Khatib al-Itqani who died in the year 758H. He mentions that in the year 747H he went to Damascus and one day the people were gathered to pray the Maghrib Salah and so they prayed. He says the Imam whilst going into ruku and whilst rising from it raised his hands, so I repeated my prayer and I said to the Imam. “Are you a Maliki or Shafi?” He replied that he was a Shafi.
So I said to him what harm was there if you did not do Raf ul-Yadain ie raise your hands so that the prayer of the congregation would not be null and void because when you raised your hands our prayers became null and void. (Taliqat as-Suniyyah Ala Fawaid al-Bahiyyah pg.50)
Although Shaikh Abdul Hayy Lucknowi did rebuke Amir al-Itqani for this horrendous opinion but in reality the hanafis over later years realised the Sunnah was overwhelming and have since had a more placid attitude. However this was not an isolated opinion as many other Hanafi scholars of that era, later and before also held similar opinions.
By the two who are in need of the Mercy of his Lord, may Allah forgive us
Abu Hibban & Abu Khuzaimah Ansaari
Rajab 1435 / May 2014