What is your comment on what "Shaykh Ali Haydar" said that fiqh was not taken solely from the Hanafi madhhab?
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The questioner : My master, regarding the Turks, they are on the Hanafi madhhab.
The Shaykh: Of course.
The questioner : In the "Majallat al-Ahkam al-Adliyyah" (Journal of Civil Law)...
The Shaykh: Correct.
The questioner : ... the scholar "Ali Haydar" says that the rulings were not taken from the Hanafi madhhab alone, but most of them were derived from the Hanafi madhhab, and some from the other madhahib that they preferred from the Hanbali, Shafi'i, and Maliki madhahib.
The Shaykh : Yes, may Allah bless you.
The questioner : ... the Hanafi madhhab.
The Shaykh : How?
The questioner : Most of it is taken from the Hanafi madhhab, but they were not against the other madhahib!
The Shaykh : You have understood some things and missed others; you are talking about the Majallah.
The questioner : The Majallah, yes.
The Shaykh : The rulings of the Majallah are rulings on contracts, marriage, divorce, and the like.
The questioner : Transactions.
The Shaykh : Transactions, you expressed it well. I know this about this Majallah, but is Islam only transactions? Of course not. They were forced to take some rulings from the other madhahib against their will!
The questioner : What I am telling you is: they were not fanatical about the Hanafi school.
The Shaykh : Yes, but in their worship, in their prayer, in their fasting, in their Hajj, in everything, they are Hanafis one hundred percent. I know this fact, and I said at the beginning of the session that some jurists, when we spoke about divorce with the phrase "three times" — may Allah have mercy on you — we said that twenty years ago they were forced to abandon the view that divorce with the phrase "three times" is three; because they noticed that this brings calamities and problems between spouses, so they adopted the madhhab of Ibn Taymiyyah, not the madhhab of one of the four madhahib. The four madhahib agree that if a man says to his wife: "You are divorced three times," she is divorced from him with a major final divorce, and this was the practice for many long centuries. In the modern and recent era, they adopted the opinion of Ibn Taymiyyah, who struggled in the path of Allah, and convinced the scholars and issued fatwas to the general people that this is considered one divorce. He has very strong words; he says that the one who says to his wife: "You are divorced three times" is like a man who has a right of three dinars over another man — for example —. This man who owes three dinars says, "Here are the three dinars," but in reality he gives him only one dinar. The action is one, the phrase is three. He says to him: "Take these three dinars." What did he give him? He gave him one dinar. In practice, one; in phrase, three!
And an example, perhaps clearer: instead of saying: "Subhan Allah, Subhan Allah" and prolonging it a little, he is in a hurry: "Subhan Allah thirty-three times." What do you record for him?
The questioner : Once.
The Shaykh : You record it for him once. Thirty-three is idle talk. So the divorcer's saying: "You are divorced three times" is legally idle; why? We mentioned to you previously:[Al-Baqarah 2:229]; meaning: in every divorce, retention with kindness or release with kindness.
The important thing — may Allah bless you — is that the Majallah took some rulings out of necessity, not out of faith, just as they did in the recent time; they took the fatwa of Ibn Taymiyyah out of necessity to solve the problems of spouses who divorce with one word: "Go, you are divorced." Whenever a Shaykh permits it, a Shaykh forbids it, and so on from these ignorances.
I know some judges in the Sharia courts in our Damascus who used to oppose me because I issue fatwas based on the Sunnah, while in the Sharia court he issues fatwas that divorce with three is considered three. And I issue fatwas based on the Sunnah, so he opposed me. After a period, he returned to the fatwa that we used to issue; why? Out of faith that this is the Sunnah? No, to solve people's problems. So the Majallah that you are praising took some rulings out of necessity, not out of faith that this is the correct one; and therefore we want from the Muslims...
Another questioner : By preference (istihsan).
The Shaykh : Yes?
Another questioner : By preference (istihsan).
The Shaykh : What is the status of this istihsan in the grammar of the jurists? Imam al-Shafi'i says: "Whoever does istihsan has legislated." He strikes it like this rule that exists with the Hanafis. He says:[Ash-Shuraa 42:21].
So the conclusion — Professor — is that religious adherence to a specific madhhab was a calamity for the Muslims. And perhaps you know that in the Umayyad Mosque in our Damascus, there are four mihrabs, and these are the effects of madhhab adherence. The Hanafi imam, in the time of the Turks, was the first. In the time of the President of the Syrian Republic, "Shaykh Taj al-Husayni," who is the father of "Shaykh Badr al-Din," he ordered that the Shafi'i be brought forward; because his madhhab is the Shafi'i; these are fanaticisms!
I experienced it when the imam was Hanafi; in Ramadan, he would be the imam for the Witr prayer, and most people would pray behind him. Shafi'i people would make a row for themselves, the mosque is large as you know. At the time the Hanafi imam was praying the Witr here, a Shafi'i imam stood up to pray the Witr at the same time. The situation reversed in the time of "Shaykh Taj"; the first imam became Shafi'i, and he consequently would pray the Witr, and all people were with him except the few fanatics of the Hanafi madhhab... Imam, Allah says in the clear Qur'an:[Ar-Rum 30:31-32]; therefore we call for the Muslim's goal to always and forever be following the Book and the Sunnah. If he is a scholar, he takes from the Book and the Sunnah as a head; and if he is not a scholar, he asks the people of knowledge as in the previous verse: [An-Nahl 16:43], without being fanatical about a person, whether from the living or the dead. This was our righteous Salaf, and this is how we walk in their footsteps, and they used to say:
"And all good is in following those who came before *** And all evil is in innovating those who came after"
And all guidance comes to us from our Prophet Muhammad (peace and blessings be upon him), and praise be to Allah, Lord of the worlds.
...
The Shaykh : He said:.
The Shaykh: Of course.
The questioner : In the "Majallat al-Ahkam al-Adliyyah" (Journal of Civil Law)...
The Shaykh: Correct.
The questioner : ... the scholar "Ali Haydar" says that the rulings were not taken from the Hanafi madhhab alone, but most of them were derived from the Hanafi madhhab, and some from the other madhahib that they preferred from the Hanbali, Shafi'i, and Maliki madhahib.
The Shaykh : Yes, may Allah bless you.
The questioner : ... the Hanafi madhhab.
The Shaykh : How?
The questioner : Most of it is taken from the Hanafi madhhab, but they were not against the other madhahib!
The Shaykh : You have understood some things and missed others; you are talking about the Majallah.
The questioner : The Majallah, yes.
The Shaykh : The rulings of the Majallah are rulings on contracts, marriage, divorce, and the like.
The questioner : Transactions.
The Shaykh : Transactions, you expressed it well. I know this about this Majallah, but is Islam only transactions? Of course not. They were forced to take some rulings from the other madhahib against their will!
The questioner : What I am telling you is: they were not fanatical about the Hanafi school.
The Shaykh : Yes, but in their worship, in their prayer, in their fasting, in their Hajj, in everything, they are Hanafis one hundred percent. I know this fact, and I said at the beginning of the session that some jurists, when we spoke about divorce with the phrase "three times" — may Allah have mercy on you — we said that twenty years ago they were forced to abandon the view that divorce with the phrase "three times" is three; because they noticed that this brings calamities and problems between spouses, so they adopted the madhhab of Ibn Taymiyyah, not the madhhab of one of the four madhahib. The four madhahib agree that if a man says to his wife: "You are divorced three times," she is divorced from him with a major final divorce, and this was the practice for many long centuries. In the modern and recent era, they adopted the opinion of Ibn Taymiyyah, who struggled in the path of Allah, and convinced the scholars and issued fatwas to the general people that this is considered one divorce. He has very strong words; he says that the one who says to his wife: "You are divorced three times" is like a man who has a right of three dinars over another man — for example —. This man who owes three dinars says, "Here are the three dinars," but in reality he gives him only one dinar. The action is one, the phrase is three. He says to him: "Take these three dinars." What did he give him? He gave him one dinar. In practice, one; in phrase, three!
And an example, perhaps clearer: instead of saying: "Subhan Allah, Subhan Allah" and prolonging it a little, he is in a hurry: "Subhan Allah thirty-three times." What do you record for him?
The questioner : Once.
The Shaykh : You record it for him once. Thirty-three is idle talk. So the divorcer's saying: "You are divorced three times" is legally idle; why? We mentioned to you previously:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍThe important thing — may Allah bless you — is that the Majallah took some rulings out of necessity, not out of faith, just as they did in the recent time; they took the fatwa of Ibn Taymiyyah out of necessity to solve the problems of spouses who divorce with one word: "Go, you are divorced." Whenever a Shaykh permits it, a Shaykh forbids it, and so on from these ignorances.
I know some judges in the Sharia courts in our Damascus who used to oppose me because I issue fatwas based on the Sunnah, while in the Sharia court he issues fatwas that divorce with three is considered three. And I issue fatwas based on the Sunnah, so he opposed me. After a period, he returned to the fatwa that we used to issue; why? Out of faith that this is the Sunnah? No, to solve people's problems. So the Majallah that you are praising took some rulings out of necessity, not out of faith that this is the correct one; and therefore we want from the Muslims...
Another questioner : By preference (istihsan).
The Shaykh : Yes?
Another questioner : By preference (istihsan).
The Shaykh : What is the status of this istihsan in the grammar of the jurists? Imam al-Shafi'i says: "Whoever does istihsan has legislated." He strikes it like this rule that exists with the Hanafis. He says:
Or have they other deities who have ordained for them a religion to which Allah has not consented?
أَمْ لَهُمْ شُرَكَاءُ شَرَعُوا لَهُمْ مِنَ الدِّينِ مَا لَمْ يَأْذَنْ بِهِ اللَّهُSo the conclusion — Professor — is that religious adherence to a specific madhhab was a calamity for the Muslims. And perhaps you know that in the Umayyad Mosque in our Damascus, there are four mihrabs, and these are the effects of madhhab adherence. The Hanafi imam, in the time of the Turks, was the first. In the time of the President of the Syrian Republic, "Shaykh Taj al-Husayni," who is the father of "Shaykh Badr al-Din," he ordered that the Shafi'i be brought forward; because his madhhab is the Shafi'i; these are fanaticisms!
I experienced it when the imam was Hanafi; in Ramadan, he would be the imam for the Witr prayer, and most people would pray behind him. Shafi'i people would make a row for themselves, the mosque is large as you know. At the time the Hanafi imam was praying the Witr here, a Shafi'i imam stood up to pray the Witr at the same time. The situation reversed in the time of "Shaykh Taj"; the first imam became Shafi'i, and he consequently would pray the Witr, and all people were with him except the few fanatics of the Hanafi madhhab... Imam, Allah says in the clear Qur'an:
and do not be of those who associate others with Allah (32) [Or] of those who have divided their religion and become sects, every faction rejoicing in what it has.
وَلَا تَكُونُوا مِنَ الْمُشْرِكِينَ * مِنَ الَّذِينَ فَرَّقُوا دِينَهُمْ وَكَانُوا شِيَعًا كُلُّ حِزْبٍ بِمَا لَدَيْهِمْ فَرِحُونَSo ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ"And all good is in following those who came before *** And all evil is in innovating those who came after"
And all guidance comes to us from our Prophet Muhammad (peace and blessings be upon him), and praise be to Allah, Lord of the worlds.
...
The Shaykh : He said:
A few righteous people among many people, those who disobey them are more than those who obey them
ناس قليلون صالحون بين ناس كثيرين ، مَن يعصيهم أكثر ممَّن يطيعهم
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.