Conflicts with different schools of thought Fatwa No: 88391
- Fatwa Date:22-8-2004
I hope that you all are fine by the Grace of ALLAH. I have few questions that are confusing me. Question 1) I want to inquire why Muslims divided themselves in to different schools of thought and moreover they don't respect each other's opinions. I pray like the Ahl Hadith, but I go to the mosque near my home which follows Hanafi school of thought. Both groups insist I pray like they do and Ahl Hadith say that I should pray before them. In Ramadan I used to pray Taraweeh behind a Hanafi imam and so I used to pray Witr like them too, I mean I prayed three Rak'ah with two Tashahhud otherwise I pray three Rak'ah with one Tashahhud. Help me if I am right or wrong, because I believe one should follow the imam and the mosque near one's home has more right. Moreover, I don't want to identify with any group because I don't want to leave the name ALLAH has chosen for me and that is "MUSLIM"
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Islamic Fiqh passed through different stages one of which was the appearance of the schools of thought in the beginning of the second Hijrah year. In this era, the outstanding scholars like Abu Hanifa, Malik, Al-Shafii, Ahmad and others appeared, but the most famous ones are those mentioned above. They became well-known and other scholars joined their schools.
The schools of thought are not divisions of Islam, nor are they a new Islamic jurisprudence. But they are methodologies of understanding the Shariah and patterns of interpreting its texts and deducting rulings from its principles, which are the Book of Allah, the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam), the consensus of scholars and the analogy.
The difference of Fiqh among these schools is not the result of following one's desires or of being fanatic.
The reasons for the differences are various. A scholar may fail to find the evidence for a given Fiqh question, so he does his best to find a ruling to it, but is not successful (gives a wrong ruling). The Prophet (Sallallahu Alaihi wa Sallam) said: "If the ruler makes Ijtihad (does his best to find the appropriate ruling on a given matter on which there is no answer in the Book of Allah, the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and analogy) and makes a mistake, he gets one reward". On the other hands you may find another scholar whom the evidence from the Sunnah has reached concerning this particular matter and such evidence was not known to the first scholar. So this second scholar gives a ruling based on the evidence, and it will be in accordance with the truth (a correct ruling) different from the first scholar.
It might also be that the reason of the difference is the understanding of the meaning of the evidence, whether a verse or a Hadith. For instance, the scholars differed about their understanding of the word 'Quru' in the verse (Al-Baqarah 2:228) whether it means period of menses or purity since the both meanings are known in Arabic language.
There are other reasons of difference which were mentioned by Sheikh Al-Islam Ibn Taymiyah in his famous dissertation: 'Raf Al-Malam Ann Al-A'immati Al-A'laam.'
In addition to this, the four imams used to forbid their followers from imitating them in every matter, rather they used to order them to follow the evidence of the Book and the Sunnah. However, fanaticism and stagnation appeared among the people who came after them.
Moreover, these imams used to respect each other's opinion, following the guidance of the companions, may Allah be pleased with them.
In the battle of Khandakh, the Prophet (Sallallahu Alaihi wa Sallam) ordered the companions: "No one amongst you should pray Asr except in Bani Quraida". What he meant was that they should hasten and speed up to fight the Jews there.
The time of Asr was over while some of the companions were still on their way there. So they differed about whether they should pray Asr then as its time was over, or to delay it until they arrived at Bani Quraidah even though the time of Asr expired, as a sign of obedience to the Prophet (Sallallahu Alaihi wa Sallam). Some of them said that they had to pray Asr on time and the Prophet (Sallallahu Alaihi wa Sallam) did not want them to delay it but to speed up, and others said that they would not pray it until they arrived at Bani Quraidah even if they prayed it after its time expired. Despite this, the Prophet (Sallallahu Alaihi wa Sallam) did not rebuke any of them as each group of them acted according to what they understood him (Sallallahu Alaihi wa Sallam). They did not reprimand each other as well, but were as Allah described them: " Those who are with him [the Prophet (Sallallahu Alaihi wa Sallam)] are severe against disbelievers, and merciful among themselves." (Al-Fath 48:29)
The great scholars after the companions behaved likewise. Some of them are of the view that kissing one's wife and eating the meat of a camel invalidates Wudu, but some others are of the opinion that it does not invalidate Wudu. Despite this fact, they used to pray behind each other. They differed about other Fiqh matters, but we have not heard that they defamed or slandered each other, although each of them acted according to his own Ijtihad.
No one is required to abide by a given school of thought. But what one is required to abide by, is the Book of Allah and the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam). And when there is evidence, one has to follow it, and it is not permissible to abandon the evidence and follow the saying of anyone whoever he might be.
Al-Shafi, Rahimahu Allah, said: "There is a consensus of all the Muslims that whoever the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam) has reached, it is not permissible for him to leave it and follow the saying of any other person."
So, one should not leave the Book of Allah and the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam) and follow a saying of any other person. And there is no excuse in the sight of Allah for anybody who follows a saying (of anybody) while knowing that the evidence is contrary to it. Anyway, the difference among the four imams in matters pertaining to Fiqh is not a division in religion.
As regards, Witr prayer, whether the questioner is correct or not, our view is that you are correct, Insha Allah, in following your imam. Praying Witr in three consecutive Rak'ahs is something on which many Ahadith of the Prophet (Sallallahu Alaihi wa Sallam) were reported. However, other Ahadith disliked preferring three consecutive Rak'ahs as it resembles Maghrib prayers. The scholars after studying both Ahadith said that it is disliked to pray Witr with two Tashahhuds, as in this case it resembles Maghrib, and the Hadith that meant that it is permissible to pray Witr in 3 consecutive Rak'ahs said that this is with one Tashahhud.
Anyway the matter should be taken at ease in this issue, Insha Allah. Brothers should not be divided and scattered about it. A person who prays behind the Imam, he/she should follow the Imam, whether he prayed three consecutive Rak'ahs with one Tashahhud or with two Tashahhuds or prayed two and Said salaam, and then prayed one Rak'ah.
With regard to what is preferred, praying in the nearest mosque or one farther-away, the scholars have two different opinions. And according to Hanbali school of thought there are two narrations.
Ibn Qudama said in Al-Mughni: "There are two narrations regarding going to the nearest or a distant mosque. One opinion is to go to the more distant mosque as this takes many steps with the intent to get the reward, so the good deeds will be multiplied. The second opinion is to target the nearest mosque that is in the neighborhood of a person, so it is more appropriate to pray in it as the neighbor has more right in the gift and the good of the person neighboring him than a person who is far from him."
It is not obligatory on you in Shariah to affiliate with one group and it is not desirable for you to adhere to any group. What is required of you, though, is to submit yourself to Allah and to worship Him according to His Book and the Sunnah of His Prophet (Sallallahu Alaihi wa Sallam) according to the understanding of the righteous predecessors of this Ummah, the companions and those who follow them exactly in faith.
We do not know of any scholar who gave a Fatwa that one must follow a specific group, and none of the people of knowledge said that it is desirable to do so.
Allah knows best.