The Hanafis' view on the hadith: (There is no marriage except with a guardian), and the recitation of al-Fatihah in prayer.

The questioner: Regarding - also - the mention ofThe Shaykh : al-Ghazali, of course, we take this as a prompt response to the virtue ofThe Shaykh : Nasser regarding this book, he mentions - also - : preferring, of course, the Hanafis' view on the issue; so does the Hanafis actually have a valid argument in this field?

The Shaykh: They have no argument except their weakening of the hadith: , so this hadith, without a doubt, it is obligatory uponThe Shaykh : al-Ghazali and those like him who constantly drone on about benefiting from the specialists in every science; he should adhere to that droning he does with some of the youth, and he should recognize the specialization, virtue, and specific knowledge of the people of hadith in distinguishing the authentic from the weak, and not mix up the hadith scholars with the jurists; because this goes beyond what every sane, cultured person knows - and peace be upon you, and Allah's mercy and blessings -; because the specialists have advantages over others, so when the Hanafi scholars weaken a hadith, they base their weakening on defending their school of jurisprudence, and not by following the methods of authenticating or weakening hadiths, and by experience we know a very large difference between the people of hadith and the jurists regarding hadith.
And I give an easy example of that - if Allah wills -; for the view of the Hanafi scholars - as is known - is to say that reciting al-Fatihah in prayer is not a condition, but rather they say it is obligatory, and they are aware of the saying of - peace and blessings be upon him - : , they say this is an authentic hadith, but it is an ahad hadith, and it is not permissible for them, based on the science of principles - and this is in fact one of their anomalies - they say: It is not permissible to specify the mass-transmitted text with the ahad text, and they mean by the mass-transmitted text here the saying of - the Exalted - : And I do not want to discuss this issue from all its sides and aspects, but I want to drone on about their saying that the hadith: is an ahad hadith, so what is the value of the saying of these jurists, whatever their status in knowledge of jurisprudence and understanding of the texts of the Book and the Sunnah, when they speak about what is not their specialization and claim that the hadith: is an ahad hadith, and the Commander of the Believers in hadith; namely Imam Muhammad ibn Isma'il al-Bukhari, says at the beginning of his famous treatise known as "The Part on Recitation in Prayer": "The report has been mass-transmitted from the Prophet - peace and blessings be upon him - that he said: "?!
So do we take the saying of the Hanafis, whose books are filled with weak hadiths, and indeed contain a large section of fabricated hadiths, to the point that some of the Hanafi scholars themselves who are engaged in the science of hadith have denied them? So what do we say about these jurists when they say that hadith: , is an ahad hadith, and the Commander of the Believers in hadith says: "It has been mass-transmitted from the Prophet - peace and blessings be upon him -"?
And therefore we mention this man whom we are in the process of responding to, that it is necessary to refer to the specialists in every science, so his inclination to take the Hanafi view, which is based on rejecting the authentic hadith; this is an inclination from him away from the correct scientific method, which is that one must refer to the specialists in every science, but I know that the people of desires - in every age and in every land! - do not adhere to a scientific method, not only in hadith, but also not in jurisprudence, so you see this man sometimes Hanafi in school, sometimes Zahiri in inclination, sometimes like this, why? Because he does not adhere to a scientific method that obliges him to walk straight on a straight path, but rather he follows the method that many scholars have explicitly denied, including the Hanafi scholars in particular, who deny ta'lif (eclecticism), which is for a person to take from every school what suits him or agrees with his desire, so when he sees that in the Hanafi school there is leniency and facilitation for many of the marriages that occur in this present age, and especially in the lands of disbelief in Europe and America; many of the youth marry without the permission of the women's guardians; so he wants to facilitate these incidents by the easiest way and finds an exit for him in the school of Abu Hanifa in this issue, but in another issue he finds the Muslim youth, and indeed we have known from some of his writings that he himself does not hesitate to say: that he likes to listen to some of Umm Kulthum's songs!! So how does he justify or legitimize his deviation, let alone many of the Muslim youth who have been afflicted by listening to songs, he finds there a space that he does not find in the four schools of jurisprudence which he defends with heat in the wrong place - and against the Sunnah! - he finds an exit for himself and for those who follow their desires like him in the Zahiri school of Ibn Hazm al-Andalusi, so he does not seek the Sharia evidence that came to refine the souls, as He - the Exalted - said: . So it is no wonder that the scholars unanimously did not permit the Muslim to follow his desire in every issue, so he follows sometimes the Zahiri school, and sometimes the Hanafi school, so the verse of poetry that has slipped my mind applies to him, but some of you must remind me of it, and it is the saying of the poet:
"And I am but a part of Ghaziyyah, if she strays... I stray, and if..."
is an authentic hadith according to the scholars of hadith, and it does not harm that it was weakened by one who has no specialization in the knowledge of hadith, and I think that in the Noble Qur'an there is a verse that confirms the meaning of the hadith.

The questioner: .

The Shaykh: This or another, yes, so this is an expression of following desire.

The questioner : .

The Shaykh: . Yes.