Nov 27, 2012

Taqlid Talfiq and Mixing Mazhab

Link Sharing
have to read 
from the source
click the link
================


Taqlid, Talfiq and Mixing Mazhab
===========================================

Taqlid

Taqlid means following the legal opinions of a scholar without gaining knowledge of the detailed evidences for those opinions, (See Imam Ghazali’s Al-Mustasfā, p.579). The non-scholar is compelled to do this as he is unable to encompass the evidences to assert his own view on any particular detailed issue related to the Dīn. Such reliance upon a group of highly-trained individuals is seen in every aspect of human life from such mundane things as when we wish to build an extension to our homes to seeking medical treatment; we unquestioningly defer to the experts. A sick person never tries to diagnose himself, let alone be bold enough to prescribe the course of medicine he needs to take using his own knowledge. Rather he sits humbly in front of the doctor and accepts everything he tells him and prescribes him. Similarly, one can innumerate hundreds of worldly matters in which we readily recognise that it is only right and necessary that we and others rely and submit to experts of that subject or field.

The Details @ islambrowser


Concept of Taqlid تَقْليد 
or Following a Mazhab
Speech by Mufti Abdur Rahman ibn Yusuf
Can be followed @ hanafifiqh (owned by hanafifiqh) or islambrowser


Talfiq

This is where talfiq comes into the picture. Talfiq is to join between the positions of more than one school so that the resulting amalgam would be unacceptable according to all mujtahids. For example, someone who bleeds and decides to follow the Shafi'i school on wudu cannot follow the Hanafi school in prayer by not reciting the fatiha behind the imam, since both schools would say that his prayer was invalid. A muqallid who does talfiq in this manner has not absolved himself of his responsibility before Allah because there is no mujtahid who would look at his action and say that he had done what Allah asked of him.

With this in mind, Imam Ibn Hajar al-Haytami's (whose word, along with Imam Muhammad al-Ramli's, constitutes the final word in terms of fatwa in the Shafi'i school) definition of talfiq makes perfect sense. He said: "Whoever makes taqleed of an Imam in an issue must follow the requirements of his madhab on that issue and everything else that is related to it." (I'atu'l-talibin, 4.219). Since wudu and salat are related (wudu is a condition for the prayer), one must follow the same school on both. Since zakat, fasting, pilgrimage and prayer are not related to each other, one can validly follow a different school in each one.

The Details @ spa.qibla.com

Apa itu Talfiq ? 
Adakah dibenarkan ?
What is Talfiq ? Is it allowed ?
Maulana Asri Yusoff


In terminology this is known as Talfiq

What is the necessity of making Taqlid of only one Imaam? One should be allowed to follow any of the four Imaams in the different Masa'il as was the method in the time of the Sahaaba and Tabi`in. Mazhab was not confined to a single Imam. Why must such concessions not be allowed in our times? In the time of the Sahaaba, which was the best of times, there was no ulterior motives regarding religious questions. A question was asked to know the correct method and to practice on it. It was not asked for one's convinience as in later times. For example, A person with Wudhu touched his wife which according to the Shafi Mazhab nullifies Wudhu: Now when he is told to make Wudhu, he replies: "I make Taqlid of Imaam Abu Hanifah and it is not a breaker of Wudhu according to his Mazhab, therefore my Salaat will be valid." Now this person vomits, which according to Hanafi Mazhab, breaks Wudhu. He is now told to make Wudhu. He replies: 'I make Taqlid of Imam Shafi`i; it is not a nullifier of Wudhu, therefore my Salaat is valid'. If this person (who has on the one hand, touched his spouse, and on the other hand, vomited) has to perform his Salaat with such a Wudhu, it would neither be correct by Imaam Abu Hanifah nor by Imam Shafi`i. In terminology this is known as Talfiq which is agreed upon unanimously to be void and not permitted. This is not Taqlid but following one's passions and desires for one's personal convenience which lead one astray. The necessity of following a Mazhab, Imam or Mujtahid is that one would not fall into the temptations of following one's own desires. The Holy Qurãn states: 'And do not follow desires. You would be led astray from the path of Allah." Thus the need of following only one Imam

The Details @ IslamBrowser


Proof for the unlawfulness of Talfiq ?

The proof for the unlawfulness of talfiq is clear. The person who is piecing together two sayings is either a mujtahid whose ijtihad led him to this position, or he is not a mujtahid, but only a follower. In the terminology of the scholars of usul (principles of jurisprudence), a follower is anyone who is not a mujtahid in rulings [s. of Islamic law] even if he reaches a high level of knowledge and fiqh.

The Details @ qa.sunnipath.com


Is it considered talfiq

بسم الله الرحمن الرحيم

Question:

It is widely accepted that only the Hanafi school of thought allow for the payment of zakah by money. So is it considered talfiq if a person following the Shafi’i Madhab pays his zakat ul fitrah by money ?
County: Singapore

Answer:

In his al-Fatawa al-Fiqhiyyah al-Kubra, Kitab al-Zakah v. 2, p. 37,

سئل نفع الله به عن شافعي قلد الحنفي في مسألة في الزكاة وهي جواز إعطاء البضاعة عن النقد وجواز الاقتصار على صنف أو صنفين مع وجود الأصناف فهل يجوز له ذلك أم لا وفي أي كتاب هو ؟ فأجاب بقوله نعم يجوز له ذلك كما صرحوا به في المختصرات فضلا عن المطولات . اه بحروفه

“[Ibn Hajar] was asked regarding a Shafi’i who follows the Hanafis on an issue related to zakah, like giving commodities as cash and limiting the distribution to one or two categories while others are available. Is that permissible or not and from which book? He replied, ‘Yes, it is permissible for him to do that as stated [by our authorities] in the summarized works as well as in the reference works.”

And Allah knows best.

Shafiifiqh.com Fatwa Dept.


Will abandoning absolute 
Taqleed lead to Following of Desires ?
 
The most widely cited argument in favor of Taqleed is that if the people were left free to choose from the opinions of various scholars they would seek conveniences in every matter of the Deen, which is just like following one's desires. This is definitely blameworthy, but would a person also be blameworthy if he chooses an opinion due to stronger proofs?
 
Surely not, because the actual adherence is to the Qur'aan and the Sunnah - and the Ijtihad, which is based on stronger proofs is more worthy to be followed. The choice is between an Ijtihad based on an opinion and opinion based on an authentic hadeeth. In this case, leaving acting upon the hadeeth because it does not confirm with the opinion of the Madhhab is highly blameworthy. A pro-Deobandi consortium from South Africa has published an article giving examples of how abandoning of Taqleed leads to following of desires, as quoted below:

From, The Sharee'ah Role of Taqleed,

In the time of the Sahabah, which was the best of times, there was no ulterior motive regarding religious questions. A question was asked to know the correct method and to practice on it. It was not asked for one's convenience as in later times. For example, a person with wudhu touches his wife, which according to the Shafa'ee Madhhab nullifies wudhu. Now when he is told to make wudhu, he replies, " I make Taqleed of Imam Abu Hanifa and I am not a breaker of Wudhu according to his madhhab, therefore my Salaat (prayer) will be valid."

Now this person vomits, which according to Hanafi madhhab, breaks Wudhu. He is now told to make Wudhu. He replies,  " I make Taqleed of Imam Shafa'ee; it is not a nullifier of Wudhu, therefore, my Salaat is valid. If this person (who on one hand, touches his spouse and on the other hand, vomits) has to perform his Salaat with such a Wudhu, it would neither be correct according to Imam Abu Haneefah nor according to Imam Shafa'ee. In terminology, this is known as Talfiq, which is agreed upon unanimously to be void and not permitted. This is not Taqleed but following one's passions and desires for one's personal convenience which lead one astray. The necessity of following a Madhhab, Imam or Mujtahid is that one would not fall into the temptations of following one's own desires. The Holy Qur'aan states,  "And do not follow desires. You would be led astray from the path of Allah. Thus, the need of following only one Imam.

In response to this, we say that following a particular Madhhab will never curb the following of desires because the person, who wants to follow his desires, will do so even if he was forbidden. For example, a person following the Hanafi Madhhab commits adultery even though his Madhhab forbids him. The discussion is about the one, who wishes to follow his Deen and finds his madhhab at odds with authentic ahadeeth or with a stronger Ijtihadi position. Should he follow the truth that is apparent to him or should be blindly stick to his madhhab? Shaikh Saleh bin Fawzan al-Fawzan (hafidahullah) explains this in the following words,

So leaving one madhhab for another madhhab in order to follow an evidence is a good act, rather it is obligatory because following the evidence is obligatory. However, taking from one madhhab at one time and another madhhab at others seeking to follow one's desires and concession is not allowed meaning, he takes what pleases his desires from the sayings of the people of knowledge, even though it was against the evidence, and he leaves what displeases his desires, even though the proof verifies it  This is following desires and protection is sought from Allah (alone). So, shifting from one madhhab to another madhhab with the aim of following one's desires, seeking the easiest (stance), and concession is not allowed. As for shifting from one madhhab to another madhhab in order to follow the Daleel (evidence), and escaping from the baseless or incorrect opinion, then such is encouraged and required from the Muslim, and Allah knows best
 [Muntaqa min Fatawa Shaikh Saleh ibn Fawzan al-Fawzan (vol.5 / Fatawa no. 484)] 
 
Copied from qsep.com


Under no conditions 
is the practice of "Talfeeq" permissible

The Taqleed of an individual and new issues

Arguments have been advanced that Taqleed of an individual impedes solutions to modern developments. The answer to such a contention is that modern issues, which demand Ijtihad, should be delegated to an expert scholar - whose Taqleed is very different from that of the lay person. such an expert scholar would be able to sift the principles of earlier Mujtahids and resolve new problems based on the same. This type of Ijtihad has been prevalent in all ages even with the concept and practice of the Taqleed of an individual. Moreover, scholars of one school may unite upon solutions to new problems, which arise. Where there is a severe need for an immediate national or social problem, scholars are given leeway and hence, they can resort to the Fatwa from another school.

This is the reason why, in the Hanafi school, scholars have resorted to following the opinion of Imam Malik in issues like accepting wages and salaries for teaching the Quran, making legal provisions for divorce for a wife whose husband is lost or whose husband is impotent. This has been elaborated by Maulana Ashraf Ali Thanvi in his work Al-Hilyatul Najizah lil Hilayatul 'Ajiza. If there is a social need for Muslims to find latitude in a certain issue, an expert scholar may go to any of the four Madhabs to find a solution. Under no conditions is the practice of "Talfeeq" permissible, which is to use the Fatwa offered by one Imam and following another Imam in the same unit of ibaadah.

Individuals are advised to seek the advice of expert scholars through a council. Taqleed of an individual, in reality, has never rendered the community incapable of resolving new issues: rather it has constantly been in a state of flux and development addressing new issues for more than a millennium. [146] It is interesting to note that some contemporary orientalists have made the same allegation. [147]

The Details @ siratalmustaqim



Can I follow one of these easier positions 
within the Shafi'i madhab 
without having to resort to talfiq of the relied upon 
position of the Hanafi madhab

5. The answer is, it is feasible to follow the Shafi'i school in the modern world. So in the end, there is no need to perform talfiq [i.e., to follow another school temporarily] as a matter of rukhsa if you find that by following the strongest opinion of the school in fact turns out not to give you much hardship or that you are able to carry out your worship. If not, then it would be a personal decision on your part to take the rukhsa by following a less reliable opinion of the school. If all else fails, talfiq is the remaining option. However, talfiq in itself is not an 'easy' option since you have to learn the qawa'id and shurut of the other school and it takes time to be familiar with its rulings and to be comfortable with it in order that you may do the 'amal with ease. Indeed, according to the Mufti of the Shafi'is in Madina, Imam al-Kurdi (1194 H / 1780) (may Allah be pleased with him!), it is preferable [awla] to follow a less reliable opinion in our school than to follow another school. (Bughyat al-Mustarshidin, 10). If you are still up to it though, I suggest talfiqing the Maliki school instead of the Hanafi or the Hanbali school (this is only a mere suggestion since this is the standard or quoted talfiq position of our school in this issue (such as the talfiq of the Shafi'is with the Hanafis in the issue of wudu' during Hajj), and also, the Maliki position is the most lenient in this issue). There is a catch though: if you happen to believe and know that our arguments and position is stronger, then you cannot effectively perform talfiq!

May this letter facilitate (tashil) you in removing (izala) the doubts and problems (ishkal) you had regarding Najasa Mughallaza so that you may now find it easy to remove this impurity.
Read The Details @ livingislam

*******

Download



Thanks for coming

Thanks for coming
Terima kasih sudi hadir

Tajuk - Title