What is the Shaykh's opinion on the rulings in the book *Al-Muhalla* by Ibn Hazm?
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The questioner: A final question, O our master.
The Shaykh: Grant us your support.
The questioner: May Allah bless you. The term *Mawla* has many meanings, as you know. What is your opinion on the rulings in *Al-Muhalla* by Imam Ibn Hazm?
The Shaykh: Imam Ibn Hazm is a name that fits its bearer; he is truly an Imam. However, there are two things one should avoid: first, his harshness in his pen when refuting his opponents; second, his extreme rigidity in adhering to the apparent meaning of texts. I mentioned a third point, which may be the last: he is a *Jahmi* who denies the attributes, claiming that the divine names are names without meanings. If a reader reads his books while being cautious of these matters, he will benefit greatly from his knowledge, for he is an Imam who exercises independent legal reasoning and does not follow anyone in the religion of Allah.
The questioner: Did he not follow Dawud al-Zahiri?
The Shaykh: No, he is not a follower of a specific school. If Imam al-Muzani followed Imam al-Shafi'i, then Ibn Hazm would be a follower. If Imams Muhammad ibn al-Hasan al-Shaybani and Abu Yusuf al-Qadi followed Imam Abu Hanifah al-Nu'man ibn Thabit, then he would also be a follower. Yet Imams Abu Yusuf and al-Shaybani contradicted Imam Abu Hanifah, as Ibn 'Abidin states in his marginal notes, in two-thirds of the school's rulings. Can one who contradicts his Imam in two-thirds of his positions be called a follower? I find that Muhammad ibn al-Hasan al-Shaybani is frequently mentioned in *Al-Muwatta*, which is the *Muwatta* of Imam Malik. However, it is through his transmission. Imam Malik's *Muwatta* was transmitted by many scholars. The most famous and widely circulated version in our land today is the transmission of Yahya ibn Yahya al-Laythi from Malik. As for Imam Muhammad's *Muwatta*, unfortunately, it is not widely circulated except among the followers of Abu Hanifah, particularly in India and Pakistan, because he was a student of Imam Abu Hanifah and they predominantly follow the Hanafi school. Therefore, the book *Al-Muwatta* of Imam Muhammad al-Shaybani became popular among them. This is because, first, it is from the transmission of Imam Muhammad, and second, here lies the benefit of this *Muwatta*: scholars of all schools and inclinations should acquire this book because it contains knowledge. It cites hadiths through the path of Malik, saying: "Malik said: So-and-so narrated to me," and so on. Ibn al-Shaybani says: "We adopt this, and all our scholars say so." Sometimes he says: "We adopt this, contrary to Abu Hanifah." Therefore, this book is beneficial and indicates that Imam Muhammad, though a student of Abu Hanifah, is not a mere follower.
Likewise, Ibn Hazm is not a mere follower, but he adopted the school of Dawud al-Zahiri in its rigidity regarding the apparent meaning of texts. However, I say this word of fairness to Ibn Hazm and to clarify the truth: adhering to the apparent meaning of texts is the position of all scholars. Otherwise, we would have suffered what befell the scholars of *kalam*, with the Mu'tazilah at their head, who engaged in figurative interpretation. Those who interpreted the texts in creed, and those who interpreted the texts in jurisprudence and rulings.
The questioner: You have taken up your time, and may Allah reward you. We have benefited greatly from you. May Allah reward you.
The Shaykh : Welcome.
The Shaykh: Grant us your support.
The questioner: May Allah bless you. The term *Mawla* has many meanings, as you know. What is your opinion on the rulings in *Al-Muhalla* by Imam Ibn Hazm?
The Shaykh: Imam Ibn Hazm is a name that fits its bearer; he is truly an Imam. However, there are two things one should avoid: first, his harshness in his pen when refuting his opponents; second, his extreme rigidity in adhering to the apparent meaning of texts. I mentioned a third point, which may be the last: he is a *Jahmi* who denies the attributes, claiming that the divine names are names without meanings. If a reader reads his books while being cautious of these matters, he will benefit greatly from his knowledge, for he is an Imam who exercises independent legal reasoning and does not follow anyone in the religion of Allah.
The questioner: Did he not follow Dawud al-Zahiri?
The Shaykh: No, he is not a follower of a specific school. If Imam al-Muzani followed Imam al-Shafi'i, then Ibn Hazm would be a follower. If Imams Muhammad ibn al-Hasan al-Shaybani and Abu Yusuf al-Qadi followed Imam Abu Hanifah al-Nu'man ibn Thabit, then he would also be a follower. Yet Imams Abu Yusuf and al-Shaybani contradicted Imam Abu Hanifah, as Ibn 'Abidin states in his marginal notes, in two-thirds of the school's rulings. Can one who contradicts his Imam in two-thirds of his positions be called a follower? I find that Muhammad ibn al-Hasan al-Shaybani is frequently mentioned in *Al-Muwatta*, which is the *Muwatta* of Imam Malik. However, it is through his transmission. Imam Malik's *Muwatta* was transmitted by many scholars. The most famous and widely circulated version in our land today is the transmission of Yahya ibn Yahya al-Laythi from Malik. As for Imam Muhammad's *Muwatta*, unfortunately, it is not widely circulated except among the followers of Abu Hanifah, particularly in India and Pakistan, because he was a student of Imam Abu Hanifah and they predominantly follow the Hanafi school. Therefore, the book *Al-Muwatta* of Imam Muhammad al-Shaybani became popular among them. This is because, first, it is from the transmission of Imam Muhammad, and second, here lies the benefit of this *Muwatta*: scholars of all schools and inclinations should acquire this book because it contains knowledge. It cites hadiths through the path of Malik, saying: "Malik said: So-and-so narrated to me," and so on. Ibn al-Shaybani says: "We adopt this, and all our scholars say so." Sometimes he says: "We adopt this, contrary to Abu Hanifah." Therefore, this book is beneficial and indicates that Imam Muhammad, though a student of Abu Hanifah, is not a mere follower.
Likewise, Ibn Hazm is not a mere follower, but he adopted the school of Dawud al-Zahiri in its rigidity regarding the apparent meaning of texts. However, I say this word of fairness to Ibn Hazm and to clarify the truth: adhering to the apparent meaning of texts is the position of all scholars. Otherwise, we would have suffered what befell the scholars of *kalam*, with the Mu'tazilah at their head, who engaged in figurative interpretation. Those who interpreted the texts in creed, and those who interpreted the texts in jurisprudence and rulings.
The questioner: You have taken up your time, and may Allah reward you. We have benefited greatly from you. May Allah reward you.
The Shaykh : Welcome.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
