[Examples of Differences of opinion]
[The Sahabah radiallahu anhum Have Earned the Pleasure of Allah]
[Why Do They Differ ? | The Seventy Two Sects]
[Which Madhab Did Rasulullah sallallahu alayhi wasallam follow ? | Muslim or Hanafi?]

Allah Subhânahu Wa Ta'âla says in the Qur'ân: "Certainly those who divide their religion and break up into sects, you have no concern with them." [Surah 6 Verse 159]

It is understood from this verse that creating divisions in the Deen of Allah is undoubtedly a most despicable act. The question is however, whether the four madhâhib (Hanafi, Mâliki, Shâfi'i and Hambali) are a result of such division that is dispicable in the eyes of Allah ?

A similar question was posed to Imâm Shâfi'i rahimahullah to which he replied that there is no harm in the differences that occur between the Fuqahâ (eg. Imâm Abu Hanifah, Imâm Mâlik etc. rahimahumullah) because difference of opinion (commonly referred to as ikhtilâf) is of two types viz.

1) that which is harâm,

2) that which is mubâh (permissible).

In substantiation of his claim, he says that Allah Ta'ala has condemned the creating of divisions in Deen saying: "Nor did the people of the scripture divide until after the clear proof came unto them." [Surah 98 Verse 4] Similarly, Allah Ta'âla has commanded: "And do not become like those who divided and differed after the clear proof came unto them." [Surah 3 Verse 105]

Imâm Shâfi'i rahimahullah thereafter continues to explain that Allah Ta'âla has in these verses condemned such differences that occur among a people after they had received divine guidance from Allah. This verse (verse 4 above) and others of the same nature, therefore refer to those who deny any of the fundamentals of Deen regarding which there are clear injunctions in the Qur'ân or Hadith eg. if somebody denies the oneness of Allah, the obligation of salâh, zakât etc. There are however matters regarding which there is no injunction in the Qur'ân and Hadith, or the injunction is not very clear (eg. whether the musallee should say âmeen aloud or softly. In such instances Muslims are commissioned to make ijtihâd (independent reasoning) provided they possess the necessary qualifications. Differences of opinion due to such ijtihâd is permissible.

We learn from the above that the four madhâhib are not a result of such division that has been condemned in the Qur'ân. The previous nations earned the wrath of Allah when they differed and divided because their differences were regarding the fundamentals of Deen. Thus Allah Ta'âla says, "after the clear guidance came unto them." [Surah 98 Verse 4]

If we similarly dispute any matter of fundamental importance regard- ing which there is an explicit injunction either in the Qur'ân or Hadith, we will fall under the same category because such disputing and differing in opinion would be "after the clear guidance". The differences between the four madhâhib are however not of this nature. They differ with each other only in such matters regarding which there is no textual proof in the Qur'ân and Hadith, or the text is such that it has two or more possible meanings.

In fact, such differences of opinion are not the handicraft of the madhâhib. Differences of this nature existed during the time of the Sahabah radiallahu anhum also. Sometimes they differed with each other in such matters even during the time of Rasulullah sallallahu alaihi wasallam. However, in such cases they always turned to Rasulullah sallallahu alaihi wasallam for guidance.

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Imâm Bukhâri rahimahullah has narrated on the authority of Hadrat Abdullah ibn Umar radiallahu anhuma that on the day of the battle of Ahzâb, Rasulullah sallallahu alaihi wasallam commanded the Sahabah radiallahu anhum not to perform the Asr salâh while enroute to Khayber. These Sahabah radiallahu anhum were still enroute to Khayber when the time for Asr salâh was drawing to its end. Thus they differed in opinion. Some felt that they should not perform the Asr salâh until they reached Khayber. Others however felt that this was not actually what Rasulullah sallallahu alaihi wasallam meant. He only meant that they should not delay in reaching Khayber. This incident was later reported to Rasulullah sallallahu alaihi wasallam and he did not reprimand any of the two groups.

There are many issues regarding which the Sahabah radiallahu anhum differed in their opinions. Some examples are:

• Hadrat Ali and Hadrat Abdullah ibn Mas'ood radiallahu anhuma were of the opinion that a man's wudhu is not nullified when he touches his private organ. Many other Sahabah radiallahu anhum agreed with them. Hadrat Ibn Umar radiallahu anhuma was however of the opinion that a man's wudhu is nullified when he touches his private organ. Some of the Sahabah radiallahu anhum agreed with him also.
  
• The Khulafâ-e-Arba'ah radiallahu anhum (4 Caliphs) were of the opinion that the musallee (person performing salâh) must read bismillah softly. On the contrary Hadrat Ibn Umar and Hadrat Ibn Abbâs radiallahu anhum felt that it should be read loudly.
  
• Hadrat Jâbir, Hadrat Anas and Hadrat Abu Hurairah radiallahu anhum used to raise their hands before the ruku' (just as one would do at the time of takbeer-e-tahreemah). Hadrat Ibn Mas'ood radiallahu anhu was not of the same opinion.

These are just some of the many issues regarding which the Sahabah radiallahu anhum differed among themselves. The books of Hadith and Fiqh are replete with such examples.

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While condemning the previous nations for disputing the oneness of Allah and the message of the prophets, Allah Ta'âla says: "They will always dispute, except those upon whom Allah has shown mercy ..." [Surah Hud Aayah 119]

This verse of the Qur'ân teaches us that those who have earned the mercy of Allah will never engage themselves in the type of disputes and divisions that have been condemned in this verse and many others. The Sahabah radiallahu anhum however have earned the mercy of Allah. Allah Ta'âla has Himself declared in the Qur'ân that He is pleased with them.

"Muhammed is the Rasool of Allah. And those with him are hard against the disbelievers and merciful among themselves. You see them making ruku' and sajdah seeking bounty from Allah and His pleasure ..." [Surah Fath, Aayah 29]

"And the first to lead the way; the Muhâjireen and the Ansâr, and those who follow them in goodness - Allah is pleased with them and they are pleased with Him ..." [Surah Tawbah, Aayah 100]

Now if the Sahabah radiallahu anhum had earned the pleasure of Allah and they had differences of opinion among themselves, we may deduce (from the afore-mentioned verses) that their differences are not dispicable in the eyes of Allah. Subsequently we may deduce that the differences that exist between the Madhâhib are not of the category that is referred to in Surah 98, Aayah 4 and Surah 6, Aayah 159.

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The Sahabah radiallahu anhum had passed on their knowledge to the Tâbi'een who in turn passed it on to the Tab'ut-Tâbi'een. The Imâms of the four madhâhib were Tâbi'een and Tab'ut-Tâbi'een. Their differences therefore have been, to a large extent, inherited from the Sahabah radiallahu anhum. Nevertheless there are many other reasons for their differences. Since the mention of all these reasons together with an example would make the discussion considerably technical and lengthy, I will therefore suffice with just one example:

Sometimes a single word in the Qur'ân or Hadith may have more than one possible meaning. For example, Allah Ta'âla says regarding the iddah of divorced women: "Women who are divorced shall wait, keeping themselves apart, for three quroos." [Surah Baqarah, Aayah 228]

Quroo is an Arabic word which could be translated as either haidh (menstrual period) or tuhr (non-menstrual period). Imâm Abu Hanifah rahimahullah chose the former (menstrual period) and therefore says that the divorced woman's iddah terminates with the expiry of the third menstrual period after divorce. Imâm Shâfi'i rahimahullah opted for the latter and thus says that her iddah terminates after the third non-menstrual period after divorce.

There are like this many other reasons for the prevailing differences among the madhâhib. Allâmah Ibn Taymiyyah rahimahullah has written a book entitled "Raf'ul Malâm 'anil Aimmatil A'lâm" (Lifting the Blame from the Distinguished Imâms). As the title suggests, he wrote this book in defence of the Aimmah-e-Mujtahideen. Many times we find the madhab of an Imâm in apparant contradiction of a Hadith. Allâmah Ibn Taymiyyah lists ten reasons why we cannot rebuke any Imâm if this does happen. In the introduction, he summarizes these ten in the following three reasons:

1. The Imâm is not convinced that Rasulullah sallallahu alaihi wasallam made this statement - perhaps he is not satisfied with the chain of narrators.
   
2. He is of the opinion that the particular Hadith has no relation to the topic under discussion.
   
3. He is of the opinion that the ruling mentioned in that particular Hadith has been abrogated.

Besides, it should be remembered that it is impossible for a single person to encompass all the sayings, actions, rulings etc. of Rasulullah sallallahu alaihi wasallam. It was not possible that every Sahabi was present in every lecture or majlis (gathering) of Rasulullah sallallahu alaihi wasallam. Thus Allâmah Ibn Taymiyyah writes: "The claim that a single person has encompassed (gathered) all the Ahâdith of Rasulullah sallallahu alaihi wasallam is impossible."

An in-depth study of the above reveals that there are definite and logical reasons for the differences that exist between the madhâhib. It is impossible that the entire ummah will unite on subsidiary issues. (They never differ in fundamental issues.)

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Rasulullah sallallahu alaihi wasallam said: "The Bani Isra'il were split into seventy two groups and most certainly my ummah will split into seventy three groups. All of them will be in the fire exept one!" The Sahabah radiallahu anhum asked: "Which is this group (that will be saved from the fire) ?" He replied: "That upon which I and my Sahabah are."

This Hadith implies that the Sahabah radiallahu anhum are not among the seventy two devious sects that will enter the fire. We may deduce from this that the four madhâhib are also not among these seventy two sects.

It is obvious from the preceeding discussion that the madhâhib did not exist during Rasulullah's sallallahu alaihi wasallam time. Rasulullah sallallahu alaihi wasallam therefore did not follow any madhab; he was thus niether Hanafi, Mâliki, Shâfi'i nor Hambali. Muslims however follow these madhâhib because differences in sub- sidiary matters (furoo'ât) was unavoidable. In such instances the common people who do not possess the qualifications for ijtihâd (independent reasoning) turned to the Fuqahâ-e-Mujtahideen because Allah Ta'âla has commanded in the Qur'ân: "Ask the people of knowledge if you do not know!" [Surah Ambiyâ, Aayah 7].

Initially there were more than four Madhâhib. However, besides these four madhâhib (Hanafi, Mâliki, Shâfi'i and Hambali), all the others ceased to exist after the death of their founders or shortly thereafter. This may be attributed to a few reasons some of which are:

1. The Imâms of these four madhâhib were more famous and acceptable among the people than the other Imâms.
   
2. Their students numbered much more in comparison to the students of the other Imâms.
   
3. Many students of the other Imâms turned to these four madhâhib after their Imâms passed away.
   
4. These four madhâhib were more thorough and profound compared to the others. They had tackled a great number of issues that were not answered by the others.
   
5. A greater effort was made to record their fatâwa (verdicts), usool (principles) etc. On the contrary, we do not know much of the other madhâhib in order to follow them eg. Imâm Bukhâri rahimahullah - not much is known of his madhab. If he was an independent mujtahid, we do not have much of his fatâwa and usool (principles observed when reaching a decision). Many of these have not been recorded in his famous collection of Hadith.

Similarly, Muslims adhere to any one of these four madhâhib i.e. they do not switch from madhab to madhab as they desire, because this would lead them to following their passions. They will always be on the look-out for the madhab with an easier solution to many of their problems. Allah Ta'âla has however commanded us not to follow our passions.

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Followers of all the madhâhib are unanimous in their beliefs and such matters regarding which there are explicit injunctions in the Qur'ân and sunnah. They therefore regard each other as Muslims. Just as no Hanafi calls a Shafi'i a kâfir and no Mâliki calls a Hambali a kâfir, they all take pride in calling themselves Muslim. Whenever any Hanafi, Shâfi'i etc. is required to answer any official document, he never hesitates in calling himself a Muslim. If a Hanafi or Hambali etc. is asked by a stranger regarding his religion, he will always answer that he is a Muslim and will never say that he is a Hanafi etc.

The term "Muslim" represents their belief and all Muslims are unanimous in matters related to aqâ'id (belief). The terms "Hanafi", "Hambali" etc. only denote the different schools they belong to regarding subsidiary matters.

There is thus no contradiction between the term Muslim and Hanafi, or Muslim and Mâliki etc.

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