What is your comment on what Shaykh Ali Haydar said: that fiqh (Islamic jurisprudence) must be taken only from the Hanafi madhhab (school of jurisprudence)?

The questioner : As for the Turks, they follow the Hanafi madhhab (school of jurisprudence).

The Shaykh : Of course.

The questioner : In the Majallat al-Ahkam al-Adliyyah (Code of Civil Law)...

The Shaykh : Correct.

The questioner : ... the scholar Ali Haydar says that the rulings were not taken from the Hanafi madhhab (school of jurisprudence) alone, but most of them were taken from the Hanafi madhhab (school of jurisprudence) and some from other madhahib (schools of jurisprudence)...

The Shaykh : Yes, may Allah reward you...

The questioner : ... the Hanafi madhhab (school of jurisprudence).

The Shaykh : How?

The questioner : Most of them were taken from the Hanafi madhhab (school of jurisprudence), but they were not against the other madhahib (schools of jurisprudence)!

The Shaykh : You have learned something and missed other things. You are talking about the Majallah (Code of Civil Law).

The questioner : The Majallah, yes.

The Shaykh : The rulings of the Majallah regarding contracts, marriage, divorce, and the like.

The questioner : Transactions.

The Shaykh : Transactions. You expressed it well. Transactions. I know this about the Majallah, but is Islam only transactions? Of course not. They were forced to take some rulings from the other madhahib (schools of jurisprudence) against their will!

The questioner : ... .

The Shaykh : Yes, but in their acts of worship, in their prayer, in their fasting, in their Hajj (major pilgrimage), in everything, they are one hundred percent Hanafis. I know this fact, and I said at the beginning of the session that 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 ruling that divorce with the phrase "three times" counts as three, because they noticed that this causes calamities and problems for couples. So they adopted the position of Ibn Taymiyyah, which is not one of the four madhahib (schools of jurisprudence). The four madhahib (schools of jurisprudence) 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 centuries. In the modern era, they adopted the opinion of Ibn Taymiyyah, who struggled in the path of Allah and persuaded scholars and issued fatwas (scholarly legal rulings) for the general public that this counts as one divorce. He has very strong words, saying that the one who says to his wife, "You are divorced three times," is like a man who has a right of three dinars against another. He says to the man who owes him three dinars, "Here are three dinars," but in reality, he gives him only one dinar. The action is one, the phrase is three. He says, "Take these three dinars." What did he give him? He gave him one dinar. In practice, it is one; in words, it is three. And an example, perhaps clearer: instead of saying "Subhan Allah" (Glory be to Allah) and prolonging it a little, but he is in a hurry, so he says "Subhan Allah" thirty-three times. What is recorded for him?

The questioner : Once.

The Shaykh : Once. Thirty-three is idle talk. So the statement of the divorcer, "You are divorced three times," is legally idle. Why? We mentioned to you previously , meaning in every divorce, either retention with kindness or release with generosity. The point is, may Allah reward you, the Majallah took some rulings out of necessity, not out of faith, just as they did in the recent past when they took the fatwa (scholarly legal ruling) of Ibn Taymiyyah out of necessity to solve the problems of husbands who divorce with one word, "My soul is divorced," and then the Shaykh (scholar) releases her, the Shaykh (scholar) forbids her, 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 (scholarly legal rulings) based on the Sunnah (the Prophet's way), while he, in the Sharia court, issues a fatwa (scholarly legal ruling) that divorce with three counts as three. And I issue my fatwa (scholarly legal ruling) based on the Sunnah (the Prophet's way). He used to oppose me. After a while, he returned to adopting the fatwa (scholarly legal ruling) that we issue. Why? Out of faith that this is the Sunnah (the Prophet's way)? No, to solve the problems of people. So the Majallah that you mentioned took some rulings out of necessity, not out of faith that this is the correct one. And therefore, we want Muslims to...
Another questioner: Out of juristic preference (istihsan).

The Shaykh : Yes?
Another questioner: Out of juristic preference (istihsan).

The Shaykh : This juristic preference (istihsan), where does it stand in the grammar of the jurists? Imam al-Shafi'i says "Whoever exercises juristic preference (istihsan) has legislated". He strikes it hard. This principle exists among the Hanafis, and he says . So the conclusion, Professor, is that religious practice through following a specific madhhab (school of jurisprudence) was a calamity for the Muslims. And perhaps you know that in the Umayyad Mosque in our Damascus, there are four mihrabs (prayer niches), and these are the effects of following specific madhahib (schools of jurisprudence). The Hanafi imam used to be there; there was a group of Turks, and he 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 (school of jurisprudence) is Shafi'i. These are tribal loyalties. I experienced this when the imam was Hanafi; in Ramadan, he would be the imam for the witr (the odd-numbered night prayer), and most people would pray behind him. Shafi'is would make a row for themselves; the mosque is large, as you know. At the time the Hanafi imam was praying witr (the odd-numbered night prayer), there was a Shafi'i imam praying witr (the odd-numbered night prayer) at the same time. The situation reversed in the time of Shaykh Taj; the first imam became Shafi'i, and consequently, he would pray witr (the odd-numbered night prayer) with all the people except a few who were loyal to the Hanafi madhhab (school of jurisprudence)... Imam. Allah says in the clear Qur'an . Therefore, we call for the Muslim's goal to always and forever be following the Book and the Sunnah (the Prophet's way). If he is a scholar, he takes from the Book and the Sunnah (the Prophet's way). And if he is not a scholar, he asks the people of knowledge, as in the previous verse , without being loyal to a person, whether living or dead. This was the way of our righteous predecessors (the Salaf), and this is how we walk in their footsteps. And it was said long ago: "And all good is in following those who came before *** And all evil is in the innovation of 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 : ... .