Our School of Thought

Q: According to which school of thought do you reply our questions?

A: We are Hanafi and belong to the Deobandi School of thought.

Mufti Siraj Desai

Following a Different Math-hab

Q: Is it sinful to follow a wrong Math-hab? I was wrongly practising as Hanafi but now found I'm Shafi.

A: It is not a sin to follow a math-hab. In fact, it is an obligation, for without following a math-hab one cannot truly practice on the Laws of Islam. All four Math-habs are Haq or true, so whichever one you follow will lead you to Allah. For this reason, you were not wrong in practicing on the Hanafi math-hab, but if you were a Shaafi'ee then it is better that you revert to your original math-hab, provided you have an Aalim available who can teach you the Shaafi'ee math-hab.

Proofs for Taqleed (Following) a Math-hab

Q: Is it necessary to follow any one the Madhabs? If yes, what are the authenticated Hadheeth proofs?

A: Taqleed of one Alim or Imam can be proven from The Quran-e-Kareem, Ahadeeth of Rasoolullah (sallallahu alayhi wasallam), and practices of Sahaaba. We cite a few examples:

► Allah Ta'ala states in Surah Ambiyaa, verse 7: "And ask the People of the Book, if you have no knowledge" In this verse Allah Ta'ala commands those who have no knowledge of their Deen to ask those who are learned. This is exactly what taqleed is all about, the non-learned finding out from the learned.
► In Surah Luqman, Allah Ta'ala commands: "And follow the path of he who has turned to Me;" Further on in this treatise we will explain that a math-hab means a path or method of Fiqah. Indirectly, the above verse orders us to follow the 'math-hab' of people who made inaabat ilallah, i.e. turned to Allah in taqwa and good a'maal. Such virtue is not found more prominently in any besides the four great Imams of the past.
► In one hadith Rasoolullah (sallallahu alayhi wasallam) commanded: "Speak about the Quran (only) that which you know. As for that which you do not know, leave it to the Alim of the Quran." (Mishkaatul Masaabeeh) The Messenger of Allah also commanded: "And grab hold of the guidance of Ibni Mas'ud ". (Ibid) These statements are clear instructions to make taqleed of one Alim.
► When Hazrat Abdullah bin Abbas (radhiyallahu anhu) took up temporary residence in Makka, most of the Muslims there made his taqleed in all laws of Shariah, and even gave preference to his fatwas over those of other Sahaaba-e-Kiraam (radhiyallahu anhum) who were permanent residents of Makka Mukarrama. (Al-Hujjatullahil Baaligha)
► When Muslims of Madinah came to Makka for hajj and were faced with a problem regarding the hajj of a woman in her menses, they acted on the fatwa of their Mufti, Hazrat Zaid bin Thabit (radhiyallahu anhu). Meanwhile, the ruling issued by Hazrat Ibni Abbas on the same issue differed with the fatwa of Zaid bin Thaabit, yet the people of Madinah made taqleed of the latter. (Saheeh Al-Bukhari)

These few examples provide irrefutable evidence that taqleed-e-shakhsi, which is the following of one Alim or Imam, is an indispensable part of Shariah.
Ulema of the past two centuries are unanimous that taqleed of a math-hab is wajib, because without following a math-hab one cannot truly practice on one's religion.

Issued by:
Mufti Siraj Desai

Law Contradicting Qur'aan

Q: If we find some law of our madhab contradicting Quran (like the way of divorce as in Hanafi madhab) should we still follow it ignoring the Quran, or should we follow the word of Allah?

A: Firstly understand that the laws of the Madhab do not contradict the Qur'aan, but are taken from the Qur'aan and Sunnah. Our lack of understanding and in-depth Deeni knowledge makes it seem as if the Madhabs contradict the Qur'aan and Sunnah. This is a false notion.
Furthermore, we are not aware of any method of Talaaq in the Hanafi Madhab that contradicts the Qur'aan. Please elaborate.

Prepared by: Moulana Yusuf Laher
Checked and ratified by:
Mufti Siraj Desai

Hanafis, Shafis, Malikis, Hambalis

Q: We are Muslims ... not Hanafis, Bukharis, Malikis, Hambalis, or Shafis. Let us live according to the Quran.

A: Are you implying that a Hanafi or Shaafi'ee is not a Muslim? There is nothing further from the truth. Many of us are Hanafi Muslims, Shaafi'ee Muslims, etc. We follow one of these great Imams, who understood the Qur'aan and Sunnah, and laid out the laws of Islam for laymen like us. Following one of them IS following the Qur'aan and Sunnah. Where did they derive the laws that they formulated from? It is gross ignorance to believe that by following one of the Imams, one is not following the Qur'aan and Sunnah. In fact, there is the distinct danger of going completely astray by not following one of these illustrious Imams. Experience has proven that those who do not follow one of these great Imams become confused and misled. By living according to their teachings we are living according to Quran. May Allah Ta'aala guide us to His pleasure. Aameen.

Prepared by Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai, Darul-Uloom Abubakr, Malabar, Port Elizabeth, South Africa