Choosing Between the Madhahibs

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Hatem al-Haj

Channel: Hatem al-Haj

Episode Notes

Episode Transcript

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We

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are not to remake and this

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is very important to understand this. So what we do is

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we looked at the tradition,

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we look at the form of backup because they are at the center of the Islamic legal tradition.

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And then

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for those who are competent and capable, for the ordinary person, it just picked one scholar, but it does not have to be a particular matter, it could be a scholar. And they just make that leap. Because they have no they don't have the faculty to make their own books, they have even the habit of choosing between the different positions, which is dependent that they have not an independent, that's the app, which most of the competent people, the competent people know do now. Nowadays, if you're competent to which they have your family, most likely competent of the pendant, it's not independent, as the hell it is that it's the Act, the dependent that is the habit, the habit of

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choosing from the different bits, the halves of the earlier scholars,

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because we're not about to remake, we're not about to reform Islam in the sense of re formation, to remake the reconstruct

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revival is restoration. It is not reformation.

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So

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cuz then, when you approach any issue,

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don't approach it like your opponent like you, you are starting from scratch. Because that is dangerous and reckless. We're not starting from scratch, we're thinking the positions of the great scholars

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at the center of this is the former position of the former.

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And then those who are competent to they can choose from the form of the position that seems to be strongest.

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You know,

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as far as the text of Revelation is concerned, and also, to a lesser extent, to a secondary except the primary hero. Basically, factor here is the text of Revelation, but the secondary factors suitability and appropriateness for current circumstances.

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So, in this way,

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then, very rarely do we ever need to depart from the position of the form of

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sometimes we'd like, you know, most of the Federal committees in the Muslim world now they depart from the for

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the former position of the former Vanek concerning the three composite the force, the threefold composite divorce, the four composite divorce,

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which is why if you are following you are

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political party.

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That is, so

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it shows the surge of

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democracy, credit to the physician that

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instigated this investigated this in his executive capacity as the

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not as a change of ruling because armor cannot change the rolling. And there are hobbies that it used to count as one during the battle. The prophet SAW them certainly the former that they do have the reputations of those reports of this way of thinking, our

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way of thinking to the former opposition of the former that they will not

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be sort of standard for answers. Yeah, what I'm trying to say is because I'm not getting into the details of this yet, but we'll get to this when we talk about the course.

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Well, Fred says the subcommittee's in sort of the laws and modern laws in most of the Muslim countries, particularly LVR

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Countries particularly the ones that are familiar with their loss, Egypt, Syria, Jordan, both the countries for instance, in addition in Saudi Arabia,

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their mother in law's

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position concerning this,

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how many of these colors who would agree with me on other issues that disagree the took that position

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here is this is a departure from the former position of the farmers. However, that departure from the fourth position from the former position

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has been adopted by modern laws and many scholars for the following reasons one,

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there is some substantiation

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Otherwise, there is no substantiation then there would not be then certainly that would be

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sort of like an insult to the to the Sharia to there is substantiation and the substantiation provided years reported by Muslim and others the

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divorce used to count as one of the three the three four composite divorce has to be counted as one during the profit and go back and then a homer seven and that sort of detail kind of come up and after

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that the people are making his concern their mother where they shouldn't have

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sort of shown that abrasion. So let us force it upon the three divorces count and guess three, so, he provided some substantive second, this was the position

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whether those who

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disagree, they still recognize his capacity

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as a scholar, so this is a position

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substantiated.

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And then there is this need for it,

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this need for it. And it is not a position that has been completely abandoned by the home.

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You

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come in, and you will find that there have been scholars in the past that supported this position. So substantiated, it is upheld by the balance the position of almost any mountain substantiated from the revelation from the why there is a need to take it.

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And here the need is quite obvious, because if you if you count to the three,

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four composite divorce as as three divorces, most of the women and the Arab and Muslim world will be out of industry.

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There is no doubt.

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And so the so the need is quite obvious. And so it meets those criteria.

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Without this, we don't,

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we don't do basically the part from the position of the four events. Without having these strict criteria. We don't depart from the agreement of the four events. We're not claiming that the agreement of the four events is a consensus. Otherwise, we would have not been able to depart even if there is a need, even if there is anything. If we're saying it's a consensus, we can, you know, depart for we're not saying it's a consensus. Some of the scholars in the past said that there's a consensus, we do not hold this position because the consensus cannot be diluted down to the agreement of for scholars, regardless of court for schools, regardless of their centricity to the

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Islamic law or in the Islamic law, their central place in the Islamic law, but still consensus is what the prophet, you know, men to which is the agreement of all of the scholars of his own at one point of time, on one particular issue.

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But because of the importance of, you know, not sort of the importance of consistency, the importance of integrity of the law, we do need to uphold the position of the four M's, what you can do is within the foreign environment

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Some people tend to become too strict and in whatever there's particular school sales, then that's the end of the world. But what you can do is within the positions of the 14 maps, there is a lot of good good room for maneuvering, so that you could choose the position that seems to be more deformity with the regulation

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and suitable for the times that is within the last

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four schools. Now, when we're talking about fundamentals we're not talking about for people decided for us what our religion is, we're talking about for schools, 1000s of scholars, in all disciplines in all fields, transgenerational can in all disciplines and fields, basically constructing the traditionally the legal tradition for us, the cities are not for the for individuals, now, but anytime self had for these students, they were for the scholars sitting naked, you know, with him, when they deliberated on various issues and the

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issues that was concerning various issues, they would discuss them, they would debate them back and forth, and then they would try to, after they have found, so we're not talking about the singular efforts of force individuals, you know, calling the shots for us or basically making the decision for us concerning the Guardian, we're talking about 1000s of

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the most eminent scholars across the generations across different fields and different disciplines have a stamp acknowledge that this hurts, but within the four schools, you have this rule, you have this flexibility.

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And we limit ourselves to the four schools unless

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there is one there is a need for a particular position of another sanity mountain that was also substantiated by the revelation and never abandon.

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So when we talk about women serving, the,

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the problem I have with and I'm not talking about any particular incident or any particular person, but the problem I have with many preachers or many teachers in this lab, because I, I will judge over them that they have, they may also have problems with me, but Hi, certainly based on my own thinking, I have a problem with you know, doing it from scratch, it is basically when you when you say that this is the position because the proofs are such and such and then you ignore the whole tradition, you say that these are the positions and this these are the positions of the scholars, these are the positions of them, these are the positions of them stand at the mouths of these

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positions, this one seems to be

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in this way, when you say this, can when you say this,

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you will familiarize the people with a disagreement. Here you're saying that that correct position is that the woman will have to serve her husband.

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If you say this and then you have a period that

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there is no other valid position.

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How do you meet a bar on the Day of Judgment if you basically consider the form of position of the form of

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an invalid position that map and not not only that it is not a stronger position, it is not worth mentioning.

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So it is very important that we're not doing this from scratch. So please though, first thing you do go to the forum as I understand what the said about various issues, do you know that the the

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congregation of God that is made after selected

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to forever after the fog of prayers,

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people make congregation of god

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this is this, there are you know, the hafeez dislike this and very ironically it is kind of peaceful.

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But traditionally You know, it is people the month after this like this and rightfully so because it does not have

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it has not been reported for

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The preference or sentiment of the companions,

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somebody has like a like a very good price on this issue where he showed that people have made this into an obligation where that has no roots whatsoever in the

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practice of the Prophet sallallahu Sallam and his companions. But because so so that hanafy is are the ones who dislike this the three hour method, you will find the three hour metab approver approver.

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If you say that this is like a reprehensible bit of iron robot, and then you start to act very angry.

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And someone goes and reads the shaft for us in America, and Cambodians are all fine with it and the approval and the approval of the legitimacy of it. How can we have a discussion? How can you have a have is that you're telling your followers, that the person who does this, he has no

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legitimacy whatsoever has, has not even he's just like making things up

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on the go, and that will

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breed certain resentment, hatred, intolerance, between us to that we're not going to be but if I say that this is the position of the forum, as I am concerning this matter, inside with that form an orthodox position of the canopies, not the practice of the contemporary, the former orthodox position, as far as I know, although there is also some disagreement with

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canopy forests are boxy, over disliking this. But if you say that this is what I

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choose, because I don't find that to be, I don't find anywhere in the practice of the Prophet sallallahu Sallam or Sahaba, that the the, the despotic congregation is, then

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that is reasonable that that, so you go to the form of a hab, and then you say that these are the positions. But this is what I choose, because it appears to be stronger to me, based on my understanding of the revelation, that is when you're competent enough to do this.

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If you're not, then you're an economy that already you just follow your toddler ears cutters, and don't bother with technology, who are weighing down on more than one position or the other.

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This is how we should all talk to each other.

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So that there is there's more tolerance between us. And when there is like a position that is outside of the formal environment, then you wait until there is a momentum. As a student of knowledge yourself, you don't uphold the position that's outside of the formal vibe. And you run around and just be forceful and preaching it until there is a momentum, certainly in this three, four composite divorce, there is sufficient momentum, if you don't consider the mother in laws, which are based on trivia, and taken from the Sharia of countries like Egypt, Syria, Jordan, and Saudi Arabia, and many other Muslim countries. If you don't consider this to be enough momentum,

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then then I don't know what could be a momentum. But this there is momentum here so that you could as a student advantage, support this and preach it.

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not condemn the other position, because he can condemn the position of the former side, but support in that region and as a legitimate position that is suitable for the times and the needed to uphold

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any questions about this issue, how you approach things, you go from the former backup, and when you make a choice.

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You don't circumvent all the tradition and you go right up to the philosophical rd or the disagreement between the Sahaba or the Quran and this sort of this the, you know, you go through the form of government and then you choose from their positions. What seems to be most consistent was the revelation and you don't go outside of the form of happiness, there is a momentum with, you know, like, a body of big body of scholars that have the position of the mouth substantiated by the revelation needed and was never abandoned. Yes.

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Generally,

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if there is a consensus that we don't think beyond the consensus, we can think beyond the contents because the oma cannot agree on a misguidance.

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The oma does not agree on the misguidance. What is important is to verify that there was actually consensus here is the trick, because many times scholars report that consensus when there is actually none, when there is actually no consensus, but once we have verified that there is a true consensus, and we cannot

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disprove the will there is no one ever that says otherwise, is that in this case, we don't tend to be on by consensus, we have to accept it.

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But there is no consensus on an issue that the can handle and you know, Allah subhanaw taala protected his Deen there is no consensus on any issue that puts the young man in hardship or inherit, there is not and if you look at all of the

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rulings that put the lower part of the oma or individuals within the own inherit or hardship, you will find that this consensus, even if it was reported, is not a bona fide consensus.

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So it is just like doing our diligent work and looking for the correct position is important.