Madh-habs are basically characterized by differences of opinions more than they are characterized by uniformity and agreement and this is why we should not follow any madh-hab.Image

            Bismillah,

            The statement above which explains about Madh-habs are basically characterized by difference more than its uniformity, hence we should not follow any madh-habs, in my point a view, I partly agree but disagree in the other view.

First, we must know and truly understand about our study before I try to explain my opinion about that. What is a madh-habs? And why one madh-habs and the other madh-habs can be different each other. Madh-habs, literally means departure of destination, or something that become one’s goal regardless it is abstract or real. Everything that can be said as madh-hab if its way or path has a unique characteristic. But, In the side of fiqh’s scholars, madh-hab is a unique fiqh methodology that undertaken by a mujtahid jurist which is different form other jurist, who bring them to choose a laws of Islam ( in Furu’ problems ).[1]

Main Reason in differences of opinion between a madh-habs can be born from many factors. First, It is from differences in their knowledge and understanding, moreover, among of them who is correct in making ijtihad will get two rewards, while if they make a mistake will get one rewards. Second, sometimes among of the scholars can fall into error because some of them haven’t known about the hadith related to certain problems, but the other scholars have known about that. Because of that, Imam Malik said:

ما منا إلا رادٌ ومردود عليه إلا صاحب هذا القبر

“Everyone can be accepted and rejected in his opinion, except the owner of this grave (The prophet Muhammad shalallahu alaihi wassalam)[2]

Third, Sometimes the hadith has arrived scholars who happens to be wrong in making a decision, but He is lack of trust to the conveyor ( Rawi )  of that hadith, for example, a certain Imam said that this hadith is shahih, while the other Imam has a another view. Fourth, The Hadith had arrived to scholar but he didn’t know that the hadith had been replaced/erased (Naskh). Finally, maybe it is enough to explain in my writing, but actually there are still many reason about why madh-hab has a lot of differences in fiqh study which has been compiled in fiqh books.

In my conclusion, Relating to this topic I partly agree to statement above that explain us regardless madh-hab are characterized with its differences of opinion and we shouldn’t follow any madh-hab. First, if we simultaneously follow any madh-hab, it will be horrible things. There are example to explain this. In madh-hab syaifi’i, it is legal to marry without brideprice, in madh-hab hanafi, it is legal to marry without wali and in madh-hab maliki it is legal to marry without witness.[3] Ok, if we simultaneously mix all of opinion what will be happened in Islamic laws? It is very terrible to think about that. The things we have discussed above is well-known as talfiq. Muhammad Amin al-Kurdi said:

( الخامس ) عدم التلفيق بأن لايلفق في قضية واحدة ابتداء ولادوامابين قولين يتولدمنهماحقيقة لايقول بهاصاحبهما

( تنويرالقلوب , 397 )

“Fifth, It is not talfiq, which is mixing between two opinion in one qadliyah (problem), either from the beginning, middle, and so on. There are one amaliyyah (deed) will be appear and that is never said by no one.[4]

In the other my point of view, I disagree about we should not follow any madh-hab. If we don’t look at opinion in the other madh-hab, our knowledge is limited to my madh-hab only, and it will cause ourselves to be fanatic person. It is well-known as ta’ashub, we will suppose our opinion and our madh-hab is the best than the other opinion/madh-hab. All of this is caused by we don’t open to another opinion outside our view and we are be the blind people. From example, Muhammad ‘Alauddin from Hanafiyyah madh-hab and he was a famous person at that time, said:

فَلَعْنَةُ رَبِّنَا أَعْدَادَ رَمْلٍ عَلَى مَنْ رَدَّ قَوْلَ أَبِيْ حَنِيْفَةَ

“Our God’s curse is like amount of sand against those who reject the words of Abu Hanifa”[5]

It is dilemma things to Muslim community if they are faced problem like above, but what should we do to respond this issues? As Ahlussunnah Wal Jamaah, we should strictly follow the prophet Muhammad shalallahu alaihi wassalam in all of its hadith, Al-quran of course, and shahabah’s comprehension in understanding Islamic knowledge, their deals (ijma’) in Islamic laws also. There is an opinion that tells us it is not mandatory to follow madh-hab[6] because we are only required to follow Al-quran and sunnah. The opinion is not absolutely true, however actually it should be noted that following madh-hab is allowed as intermediary to seek knowledge in Islamic Laws because Islamic Laws is too wide like you dive into sea deeper, deeper, and deeper, no end. To finish my writing, the right principle related to this topic is we should follow the Qur’an and sunnah. When the Imam madh-habs words doesn’t disagree with both, then their words should be followed. Forcing someone to enter their madh-hab is forbidden. Allah said:

اتَّبِعُوا مَا أُنْزِلَ إِلَيْكُمْ مِنْ رَبِّكُمْ وَلَا تَتَّبِعُوا مِنْ دُونِهِ أَوْلِيَاءَ قَلِيلًا مَا تَذَكَّرُونَ

“Follow, [O mankind], what has been revealed to you from yout Lord and do not follow other than Him nay allies. Little do you remember” (Al-Araf: 3)[7]

Imam Abu Hanifah and Imam Asy-Syafi’I said:

إِذَا صَحَّ الحَدِيْثُ فَهُوَ مَذْهَبِي

“If the hadeeth is authentic, that is my opinion”[8]

Alhamdulillahilladzi bi ni’matihi tatimmush sholihaat, wa shallallahu ‘ala nabiyyina Muhammad wa ‘ala alihi wa shohbihi wa sallam.

 

[1] Al-Madkhal Ila Dirastil Madiris Wal Madzahibil Fiqhiyyah by Dr. Umar Sulaiman Al-Asyqar.

[2] Shifatu shalatin-Nabiy shalallahu ‘alaihi wassalam by syaikh Al-albaanya pg. 26 , footnote no.3

[3] Example is based on my experience in lecturer with my fiqh teacher in Indonesia.

[4] Tanwir al-Qulub, 397

[5] Ad-Durrul Mukhtar 1/48-49

[6] I’lamul Muwaq’in, 4/261-262

[7] http://quran.com/7

[8] Quoted from Shahih Fiqh Sunnah 1/39 pg 41

 

This is specially proposed to fulfill assignments in The Evolution of Fiqh (Islamic Law and the Madh-habs)

Deni Setiawan Abu Muhammad [ST 10031274]

Bandung, Indonesia