Refutation of The Evolution of Fiqh of MR Bilal Phillips

REFUTATION
TO THE EVOLUTION OF
FIQH OF
MR BILAL PHILLIPS
Student of Shaykh-ul-Islam Muhammad Tahir al-

Qadri
Abu Maryam Ilyas Shareef
SIGNIFICANCE OF FIQH,
CLARITY OF CONCEPT
AND REFUTATION TO
ANTI-MADHAB
ACCUSATIONS
Dedications
All praises are for Allah and infinite blessings and peace upon
the beloved, final messenger who brought to humanity, for
humanity, guidance and Gnostics amongst other uncountable
blessings and mercy. The bestower is Allah alone yet His ways
are numerous. He sent prophets and messengers to mankind
as teachers and guides who in turn perfected their
companions into guides for their times. This chain will
continue from teachers to students until the end of times.
I dedicate this book to such a teacher, who attained from the

teachers before him linking him to the prophet in various
continuous chains.Thus, becoming the beacon of lights for the
seekers of guidance.
The fountain of knowledge inherited by him is too numerous

to be sustained in any short book. I will be forever indebted to
him for all his spiritual favours upon me. Anything that I
learnt was due to him either directly or indirectly through his
glorious words, voluminious writings and detailed research on
each and every topic which he fathomed. This book is nothing
but a gist of a small portion of his entirety. If it becomes
valuable to anyone reading it, it is the blessing of Allah and
the prophet flowing through the honorable Shaykh and the
short-comings are entirely mine.
May Allah join me with Shaykh-ul-Islam Muhammed Tahir al-

Qadri and his lovers in the hereafter just has HE has favoured
us by joining him in this world. Ameen!
I would like to thank Imam Mustafa Sammour: BA Islamic

Studies, Jordon, for proofing the Arabic text of the Quranic
verses, hadith and the narrations of scholars. May Allah
reward him abundantly.
INTRODUCTION
In the glorified name of Allahu ta’ala, the Most Merciful , the
Most Compassionate. Abundant peace and salutation on the
most Beloved and Honored amongst the creation , Hazrat
Muhammed ٍُّ‫طًٍ اهلل ػٍُٗ و ع‬ ,the Messenger, his Household,
his Companions and those who remained knit in the blessed
group which was given the glad-tidings to be saved by the
immense protection of Allah.
Islam is the deen of Allah for the guidance of humanity. It has

a huge element of mercy and kindness in it which in its very
nature eliminates rigidity, narrowed-ness and dogmatism.
The internal flexibility within the nature of Islamic principles
is what will propel the Deen of Islam on to the final days thus
making it practical for all times.
Allahu ta’ala has taught us in the Quran (1:5)
َُُِ‫ظِشَاؽَ اٌُّْغَِزم‬
ّ ٌ‫اِ٘ذَِٔب ا‬
Oh Allah! Guide us upon the straight path.
A little insight within this verse reveals a serious message. A

person who has already been given the straight path must also
make the same supplication. Why is it that if you are on the
straight path, it is incumbent for you to pray to be guided
upon the straight path? Walking on the straight path is one
thing and being firmly established upon the straight path
forever is another matter. Here the second thought is
intended. You must ask for Allah’s enabling guidance to guide
you, at all times, even if you are on the straight path. If Allah
does not guide you for a moment, that very moment you will
be misguided by the devil and your ego.
Humility and humbleness in the presence of Allah is a virtue

that surpasses all forms of honor. We are required to have
good view of all people. This does not mean that we do not
speak against the evils and the falsehood. We do not hate
people but we hate the bad deeds, the bad attitudes and
immorality. The responsibility to save the religion from bigots
and propagandists is foremost.
The Quran and the Sunna are theoratical teachings of Islam.

Only for the companions, the Sunna was a practical
demonstration by the prophet because they saw the prophet.
The other generations did not meet the prophet. For the later
generations up until the end of times each succeeding
generation will take the practical example of the Sunna from
the previous generation.
The concept that each generation teaches the next is the

success and superiority of Islam. Since no more revelations
are to be revealed Allah Ta’ala preserved the Quran and HE
guaranteed the companions of the Prophet His pleasure as a
sure sign of solid implementation of the prophetic discipline
and teachings. Through the Companions the Sunna was
protected. Then Allah ta’ala protected the Umma from going
astray. What purpose would be the preservation of the Quran
if the Umma as a whole goes astray? This is the point of utter
importance which feeble minds fail to appreciate. The
majority of the Muslims were always guided as a result of the
promise of Allah for the protection of the Quran. This is the
concept which the prophet taught to his Umma (nation). This
is explained by the hadith below.
Imam al-Tirmidhi reported in his Jami-us-Sahih,

hadith # 2167
ْ‫دذثٕب اثى ثىش ثٓ ٔبفغ اٌجظشٌ دذثين املؼزّش ثٓ عٍُّبْ دذثٕب عٍُّب‬
ٍُٗ‫ ؤْ سعىي اهلل طًٍ اهلل ػ‬: ‫املذين ػٓ ػجذ اٌٍمٗ ثٓ دَٕبس ػٓ اثٓ ػّش‬
ًٍ‫وعٍُ لبي إْ اهلل ال جيّغ ؤِيت ؤو لبي ؤِخ حمّذ طًٍ ا هلل ػٍُٗ وعٍُ ػ‬
‫ػالٌخ وَذ اهلل ِغ اجلّبػخ وِٓ شز شز إىل إٌبس‬
On the authority of Ibn Umar (Allah be pleased with him)
from the Prophet (Allah bless him and give him peace), who
said: "Verily Allah will not gather my Ummah (or he said
the Ummah of Muhammad) upon misguidance and
Allah's hand is over the group and whoever dissents
from them departs to Hell."
The rest of the hadiths on this concept will be explained in
the sub-heading The Division of Muslims because of
Madhabs or anti-Madhabs!!!
Those who accuse this Umma of misguidance are simply
those who did not inherit from the generations before it.
Their absurd claim of directly following the three blessed
generations totally flattens the integrity of the Umma and
actually proves the promise of protection of Allah’s Message
as ineffective. Guiding the people was the aim in preserving
the Quran. What is the purpose of the act when the aim is
lost?
Having explained the concept above I would like to explain

the reason for writing the book. I came across the book
“Evolution of Fiqh” by Mr Bilal Phillips. In it I saw a neat
compilation of historical facts yet I could not stop to venture
into the views of the author interjected at various sections
according to a pre-taste intellectually veiled. After going
through the book I saw the clever hands at work and decided
to write about the views being interjected so as to paint a
picture of comprehensive view rather than partial and
selective one. This book will out-line a brief study of many
related concepts before going in to direct refutation of the
cover-up which will be unveiled by the help of Allah.
What is Shariah?
Shariah is the straight path which comprises of the practical
laws and commandments. The Quran mentions Shariah in
these words (Quran 42:13).
َِِّٓ‫َششَعَ ٌَىُُ َِّٓ اٌذ‬

Path for You from the Deen!
And also in these words (Quran 45:18)
ٍ‫ثَُُّ َج َؼٍَْٕبنَ َػًٍَٰ َششَِؼَخ‬

Then we put you on the path.
What is Fiqh?
Fiqh is the understanding of the shariah. The Quran mentions
fiqh in these words. (Quran 9:122)
‫َوَِب وَب َْ اٌْ ُّ ِؤ ُِٕىَْ ٌَُِٕ ِفشُوا وَبفَّخً َفٍَىِال َٔ َفشَ ِِٓ وًُِّ ِفشِلَخٍ ِِّٕهُُِ ؿَبِئفَخٌ ٌََُِّزف ََّمهُىا‬
َْ‫فٍِ اٌذَِِّٓ وٌَُُِٕزِسُوا َل ِى َِهُُِ ِإرَا َس َجؼُىا إٌَُِِهُِِ ٌَؼٍََّهُُِ َذِزَسُو‬
It is not possible for all the Muslims to set out together. So,
why not a group from every section acquire the understanding
and insight of deen and warn their people when they return so
that they may guard themselves (against evil)?
The Quran mentions this deeper understanding in the verse

(4:83).
ِ‫خىِفِ َؤرَاػُىا ثِِٗ ۖ وٌََىِ سَدُّوُٖ إًٌَِ اٌشَّعُىي‬
َ ٌْ‫وَِإرَا جَبءَُُِ٘ َؤ ِِشْ َِّٓ اٌَْإِِِٓ َؤوِ ا‬
ُُِ‫وَإًٌَِٰ ؤُوٌٍِ اٌَْإ ِِشِ ِِٕهُُِ ٌَ َؼٍَُِّٗ اٌَّزََِٓ َغِزَٕجِـُىَُٔٗ ِِٕهُُِ ۖ وٌََىٌَِب فَؼًُِ اٌٍَِّٗ َػٍَُِى‬
‫وَ َسدَِّزُُٗ ٌَبرََّجؼِزُُُ اٌشَُِّـَبَْ إٌَِّب َلًٍٍُِب‬
When there comes to them any matter of peace or fear, they
spread it. Had they referred it to the Messenger or to those in
authority among them, those who can draw conclusion
would have known it. Were it not for the Grace and
Mercy of Allah unto you, all would have fallen into the
clutches of Satan except a few.
The Significance of Fiqh
In Sahih Bukhari , the book of Ilm
Chapter: َٓ‫ِٓ َشد اهلل ثٗ خريا َفمهٗ يف اٌذ‬
‫ ِٓ َشد‬:‫ مسؼذ إٌيب طًٍ اهلل ػٍُٗ وعٍُ َمىي‬:‫مسؼذ ِؼبوَخ خـُجب َمىي‬
‫ وٌٓ رضاي ٘زٖ األِخ‬،ٍ‫ وإمنب ؤٔب لبعُ واهلل َؼـ‬،َٓ‫اهلل ثٗ خريا َفمهٗ يف اٌذ‬
‫ دىت َإيت ؤِش اهلل‬،ُ‫ ال َؼشُ٘ ِٓ خبٌفه‬،‫لبئّخ ػًٍ ؤِش اهلل‬
The prophet said,” When Allah wants goodness for someone He

gives that person fiqh of deen. Only I am the distributor and
Allah gives to me. This Umma will keep on following Allah's
command and they will not be harmed by any one going
against them till Allah's order comes (Day of Judgment).
In the above hadith there are some important indications that

the goodness from Allah in kept in the Fiqh of Deen. (The
people of Fiqh are the Fuqaha who were always less in
number than the entire Muslim population). Even though the
Fuqaha are less, the entire Umma will benefit from them
because the prophet said that the Umma will stay upon the
command of Allah and due to the presence of this Fuqaha the
people who take the wrong path will never be able to harm
the Umma. The Prophet is the path through which Allah
grants favours upon this Umma because he is distributing the
favours (fazl and neymah) of Allah to all the people.
Sahih Muslim - Book – Qualities of the Hypocrites and

Commands concerning them - Hadith # 2775.
‫دذثٕب حمّذ ثٓ ؤيب ػّش املىٍ دذثٕب عفُبْ ػٓ ِٕظىس ػٓ جمب٘ذ ػٓ ؤيب‬
‫ِؼّش ػٓ اثٓ ِغؼىد لبي اجزّغ ػٕذ اٌجُذ ثالثخ ٔفش لششُبْ وثمفٍ ؤو‬
ُ‫ثمفُبْ ولششٍ لًٍُ فمٗ لٍىهبُ وثري شذُ ثـىهن‬
Ibn Masood said “there gathered near the House three persons
amongst whom two were from Quraish and one was a Thaqafi
or two were Thaqafis and one was a Quraishi” then Ibn Masood
said “ Qaleelun Fiqh-hu qulubihim wa kaseerun sha-h-mu
butuni-him” Their hearts had little Fiqh and their
bellies had lots of fat.
*The sahabi of the prophet is describing the characteristics of
the Munafiqeen as having little Fiqh.
Tirmidhi – the book of Manaqib
– Chapter the Manaqib of Ali Bin Abi Talib Hadith # 3715.
‫املششوني فمبٌىا َب سعىي اهلل خشج إٌُه ٔبط ِٓ ؤثٕبئٕب وإخىإٔب وؤسلبئٕب‬
‫وٌُظ هلُ فمٗ يف اٌذَٓ وإمنب خشجىا فشاسا ِٓ ؤِىإٌب وػُبػٕب فبسددُ٘ إٌُٕب‬
ُ‫لبي فئْ مل َىٓ هلُ فمٗ يف اٌذَٓ عٕفمهه‬
Non-believers came to the Holy Prophet and said “some of

our sons, brothers and slaves have run away from us with our
property and come to you and they don’t have Fiqh of Deen,
so return them to us.” The prophet replied , ‘fa il-lam yakun
fi-him fiqhun fid-deeni sa-nu-faqqihu-hum.’ If they don’t
have fiqh of deen soon we will make them Faqih.
Relationship between FIQH and the

Components of ISLAM
The deen of Islam is comprised of good advice and purity. It is
like a tree which Allahu Ta’ala has mentioned in the Quran.
(Quran 14:24, 25)
‫طٍُهَب ثَبِثذْ وََفشِ ُػهَب‬

ِ َ‫ج َشحٍ ؿَُِّجَخٍ ؤ‬
َ َ‫ػشَةَ اٌٍَّـُٗ ََِثًٍب َوٍَِّخً ؿَُِّجَ ًخ وَش‬
َ َ‫ؤٌََُِ َرشَ وَُِف‬
ِ‫فٍِ اٌغََّّبء‬.
ُُِ‫ؼشِةُ اٌٍَّـُٗ اٌَْإِِثَبيَ ٌٍَِّٕبطِ ٌَؼٍََّه‬

ِ ََ‫ُرؤِرٍِ ؤُ ُوٍَهَب وًَُّ ِدنيٍ ثِِئرِْْ سَّثِهَب ۖ و‬
َْ‫َوشُو‬
َّ ‫َزَز‬
A good word is like a good tree. Its root is firm and its
branches reach into sky. It gives fruit at all times by the
command of its Lord and Allah sets forth examples for the
people to take heed.
A seed is planted in the earth and the stem springs out of the
soil. The branches grow upon the stem and the fruits come on
the branch.
SEED STEM BRANCH FRUIT
Look at the sequence, if the sequence is changed in any way

the tree will not bear fruit. For example the branch cannot
come out of the seed or the fruit does not grow on the stem.
How does this tree relate to Islam?
The seed is the source from which the whole tree emerges.
The Quran and Sunna is the seed of Islam from which all the
teachings emerge. The stem is what is seen above the ground
and the DEEN emerges from the Quran and Sunna which is
the complete code of life and the total sum of Islamic
teaching. The shariah can be likened to the branches which
are numerous thus the shariah of each messenger was
different from the other. The Fiqh is the fruits of the Shariah
that is the interpretation of the Shariah.
QURAN & SUNNA DEEN SHARIAH FIQH
FIQH IS THE UNDERSTANDING OF THE ISLAM AND THE

FRUIT OF ITS TEACHING. IT IS THE SCIENCE WHICH
MAKES THE LAWS OF ISLAM PRACTICEABLE FOR THE
PEOPLE.
The Sources of FIQH
The Quran
- is the primary source of guidance for the extraction of Fiqh
Issues.
The final revelation revealed to the Holy Prophet Muhammed

( alaihi salam) the final prophet of Almighty Allah. The
speech of Allah in words and in meaning.
(Quran 2:2)
َ‫رٌَِٰهَ اٌْىِزَبةُ ٌَب سََِتَ ۖ فُِِٗ ۖ ُ٘ذّي ٌٍَُِّّّْزمِني‬

The Book in which there is no doubt. In it is guidance for the
one who is pious.
(Quran 2: 185)
ِ‫َش ِهشُ َسَِؼَبَْ اٌَّزٌِ ؤُٔضِيَ فُِِٗ اٌْ ُمشِآُْ ُ٘ذّي ٌٍَِّّٕبط‬
The month of Ramadhan in which the Quran was sent down
for the guidance of mankind.
The Sunna
The sunna is also a primary source of guidance for Fiqh issues.
The Sunna is the words, deeds and approval of the prophet.

The Quran says in ( 4:59)
ُُِ‫ََب ؤََُّهَب اٌَّزََِٓ إَُِٓىا ؤَؿُِؼُىا اٌٍَّـَٗ وَؤَؿُِؼُىا اٌشَّعُىيَ وَؤُوٌٍِ اٌَْإ ِِشِ ِِٕى‬
O believers, Obey Allah and obey the Messenger and the
authorities among you.
The Quran says in (4:80)
َٗ‫َِّٓ َُـِغِ اٌشَّعُىيَ َفمَذِ ؤَؿَبعَ اٌٍَّـ‬

Whoever obeys the Messenger indeed Obeys Allah.
The Companions
Can the companions of the prophet be a means of guidance
for the people?
َُُِ‫ظِشَاؽَ اٌُّْغَِزم‬
ّ ٌ‫اِ٘ذَِٔب ا‬
ihdi-nas siratal mustaqeem) Oh Allah! Guide us upon the
straight path.
In the above verse, Allah is teaching us a prayer for

continuous guidance which we say in every rakah in our 5
daily prayers.
ُِِ‫طشَاؽَ اٌَّزََِٓ ؤَِٔؼَ ِّذَ َػٍَُِه‬

ِ
siratal lazina anamta alayhim) The path of those upon
whom You bestowed your favours.
In verse 6, Allahu ta’ala explains the path of guidance as the

path of those who earned the favor of Allah. In other words
the path of guidance is no doubt the path of Quran and Sunna
but this is a theoretical path. Allahu ta’ala is showing us a
practical path of guidance and that path is the path of the
ones who have been already guided by Allahu ta’ala.
Who are these people who got the favor of Allah?
َ‫َوَِٓ َُـِغِ اٌٍَّـَٗ وَاٌشَّعُىيَ فَإُوٌَـٰئِهَ َِغَ اٌَّزََِٓ ؤَِٔؼََُ اٌٍَّـُٗ َػٍَُِهُِ َِّٓ إٌَّجُِِّني‬
‫ذنيَ ۚ َودَغَُٓ ؤُوٌَـٰئِهَ سَفُِمًب‬
ِ ٌِ‫َاٌشهَذَاءِ وَاٌظَّب‬
ُّ ‫وَاٌظِّذَِّ ِمنيَ و‬
anam Allahu alayhim min an-Nabiyeena wa-s
Siddiqeena wa-s Shuhadai wa-s Saleheena). Those who
obeyed Allah and the Messenger are with those who upon
whom is the favors of Allah. They are : the Prophets and the
Truthful and the Martyrs and the Pious.
According to this verse the favored are 4 distinct groups: the
prophets, the truthful, the martyrs and the pious. We are told
to walk in the path of these 4 groups as indicated in verse 6 of
Surah Fateha. An interesting point which must be understood
is that Allahu ta’ala is relating the path of guidance to the
personalities of Islam and not to abstract values- a concept
which misguided sects fail to comprehend.
ٍَِ‫وَاٌغَّبِثمُىَْ اٌْإَوٌَُّىَْ َِٓ اٌْ ُّهَب ِجشََِٓ وَاٌْإَٔظَبسِ وَاٌَّزََِٓ ارََّجؼُىُُ٘ ثِئِدِغَبٍْ سَّػ‬
‫جشٌِ رَذَِزهَب اٌْإَِٔهَبسُ خَبٌِذََِٓ فُِهَب‬
ِ َ‫اٌٍَّـُٗ ػَِٕهُُِ وَسَػُىا ػَُِٕٗ وَؤَػَذَّ ٌَهُُِ جََّٕبدٍ ر‬
ُُُِ‫ؤَثَذّا ۚ رٌَِٰهَ اٌْ َفىِصُ اٌْؼَظ‬
radi-Allahu anhum wa radu anhu) The first of those who
emigrated and the supporters and those who follow them in
goodness, Allah is pleased with them and they are pleased
with Him. He has prepared for them paradise beneath which
rivers flow, wherein they will abide forever. That is the great
success.
In this verse, Allahu ta’ala is not only announcing His

pleasure for the companions of the Prophet but also to those
who follow the companions. It is a clear text that companions
of the prophet is a source of guidance for the people
Through the import of the above verses it is understood that

the companions are the first and foremost group of people
who must be followed as a source of guidance. And whatever
they agreed upon is called the Ijma of the Companions. It
must be noted however that the scholars of Islam preferred
the decision of a single companion, therefore the significance
of Ijma is much more.
Qiyaas (deductive analogy)

To deduce ruling from similar situations through the analysis
of operative causes (illah).
While Qiyaas has been employed in Fiqh as a method of

deducing a legal decision, comparison of two things, in
general , has been a method employed by the Quran to impart
lessons for people of understanding. Comparing situations to
derive at a conclusion is one of the ways of Allah for guiding
humanity.
A Comparison to warn People of their Misguidance!
ُِِِ٘‫ََِثٍُهُُِ وََّثًَِ اٌَّزٌِ اعَِزىِلَذَ َٔبسّا َفٍََّّب ؤَػَبئذِ َِب َدىٌَِ ُٗ رَ َ٘تَ اٌٍَّـُٗ ثُِٕىس‬
َْ‫ظشُو‬
ِ ِ‫وََرشَ َوهُُِ فٍِ ُظٍَُّبدٍ ٌَّب َُج‬
The example {of misguidance} is like a person who lit a fire
and when it brightened the environment, Allah took away
their light and left them in total darkness so they cannot see.)
The hypocrites – dressed as Muslims were enjoying the

wordly benefits of Islam but as soon as they will die they will
be removed from all benefits of the next life.
ُِ‫جؼٍَُىَْ ؤَطَبِث َؼهُُِ فٍِ آرَأِه‬

ِ َ ْ‫َؤوِ وَظَُِّتٍ َِّٓ اٌغََّّبءِ فُِِٗ ُظٍَُّبدْ وَسَػِذْ وََثشِق‬
ََِٓ‫اٌظىَاػِكِ دَزَسَ اٌْ َّىِدِ ۚ وَاٌٍَّـُٗ ُِذُِؾٌ ثِبٌْىَبِفش‬
َّ َِّٓ
Or the example, is like the rain pouring from the sky where-
in are layers of darkness, thunder and lightening! They put
their fingers in their ears against the thunderclaps in dread of
death. But Allah has encompassed the disbelievers.
The “pouring rain” means the verses of the Quran which

has stories of history, warning of punishment and rays of
guidance. The dis-belivers do not want to hear the message
and do not pay heed to the warning.
‫ؼشِةَ ََِثًٍب َِّب َثؼُىػَخً فََّب َفىَِلهَب ۚ فَإََِّب اٌَّزََِٓ إَُِٓىا‬

ِ َ َْ‫ِْ اٌٍََّٗ ٌَب َغِزَذٍُِِ ؤ‬
َّ ‫إ‬
ٌٍَُّٗ‫فََُ ِؼٍَُّىَْ ؤََُّٔٗ اٌْذَكُّ ِِٓ سَّّثِهُِِ ۚ وََؤَِّب اٌَّزَِ َٓ َو َفشُوا فََُمُىٌُىَْ َِبرَا ؤَسَادَ ا‬
َ‫ِثهَـٰزَا ََِثًٍب ۚ َُؼًُِّ ثِِٗ وَثِريّا وََهِذٌِ ثِ ِٗ وَثِريّا ۚ َوَِب َُؼًُِّ ثِِٗ إٌَِّب اٌْفَب ِع ِمني‬
Indeed Allah is not reluctant to give examples, whether of a
mosquito or something more insignificant. The believers take
the example from their Lord while the non-believers mock
them through questions. Allah holds many astray and guides
many with these examples.
To pay heed to comparison and derive lesson from it is the

qualities of the guided ones while to treat the comparison as
useless and mockery is the qualities of the misguided.
A comparison for explaining multiplication of rewards
The Quran says in (2:261).
ٍِ‫َِّثًَُ اٌَّزََِٓ َُٕ ِفمُىَْ َؤ ِِىَاٌَهُُِ فٍِ عَجًُِِ اٌٍَّ ِٗ وََّثًَِ دَجَّخٍ ؤَٔجََزذِ عَجِغَ عََٕبثًَِ ف‬
ٍُُِْ‫وًُِّ عُُٕجٍَخٍ ِّبئَخُ دَجَّخٍ ۚ وَاٌٍَُّٗ َُؼَبػِفُ ٌَِّٓ َشَبءُ ۚ وَاٌٍَُّٗ وَاعِ ْغ َػ‬
The example of those who spend their wealth in the path of
Allah is the grain from which seven ears shoot forth. Each ear
bears a hundred grains. And Allah multiplies for whom He
likes. Allah is Infinite and All-knowing.
There are numerous examples given by Allah in the Quran.

Through the comparison of the example to the real situation
and with insight a wise believer will derive guidance.
The Mujtahideen within the Companions.
The Muhaddith Sahaba
Khatib Baghdadi in Al-Jami Al-Akhlaq, , Shaykh al-Islam
Muhammed Tahir al Qadri in Imam Abu Hanifa –Imam al-
Aimmah fil-Hadith pg 140. Ibn Salah in Muqadima Ibn Salah
on pg 305, 306.
Words of Ibn Salah is below.
‫ دذَث إٌيب ؤسثؼخ‬:‫ ؤٌُظ َمبي‬:ٌٗ ًُ‫ ؤٔٗ ل‬- ‫ ؤَؼب‬- ‫وسوَٕب ػٓ ؤيب صسػخ‬
ِٓ‫ و‬،‫ وِٓ لبي را لٍمً اهلل ؤُٔبثٗ ؟ ٘زا لىي اٌضٔبدلخ‬:‫آالف دذَث ؟ لبي‬
ِٓ ‫حيظٍ دذَث سعىي اهلل لجغ سعىي اهلل ػٓ ِبئخ ؤٌف وؤسثؼخ ػشش ؤٌفب‬
ِٕٗ ‫ ممٓ سوٌ ػٕٗ ومسغ‬،‫اٌظذبثخ‬
It was said to Abu Zara’ ,” Is it not that the prophet had
40 000 hadiths?” Abu Zara’ said,”One who said this may Allah
destroy him. This saying is from Zindiqs, Who can encompass
all the hadiths of the prophet, for when the prophet passed
away there were 114,000 companions who had narrated
hadiths from him and heard from him.
The Mufti Sahaba

Imam Jalaluddin Suyuti in Tadreeb Ar-Rawii in chapter 39,
Marifat As-sahaba Pg 678, 679 wrote quoting Ibn Hazm……
“Seven companions were specially appointed for Fatawa( legal

Rulings).” Umar, Ali, Ibn Masood, Ibn Umar, Ibn Abbas, Zaid
bin Thabit and Ayesha.
After giving their names Ibn Hazm said,’
It is possible that if each of their fatawas were collected it

would make up huge folder.” It means that these 7
companions gave most fatwa.
“There were 20 companions who followed them (the above 7

companions).” Then he gave their names.”
These gave fatawa less than the 7 companions above.
Then Ibn Hazm said, “
It is possible to collect each of their fatawa in small booklets.”
Ibn Hazm said, “
120 companions were those who gave very little fatwa.”
The Mujtahid Sahaba

Imam Dhahabi in his book Tazkirah al-Huffaz pg 24
narrates that Imam Shabii - a great Tabii says “knowledge was
taken from six companions: Umar, Ali, Ubay bin Kaab, Ibn
Masood, Zaid and Abi Musa.”
The companions which were Mujtahid were less in number
reaching up to 10 as mentioned by Shaykh-ul-Islam
Muhammed Tahir al-Qadri in his book Imam Abu Hanifa
Imam-ul-Aimmah fil hadith pg 145.
114 000 Muhaditheen 147 Mufti 6-10 Mujtahid
From the above, it can be very clearly known that to do

Ijtihaad directly from the Quran and Hadith is a highly
qualified task which everyone is not capable of doing, not
even the majority of companions.
Benefit
Those with keen insight can easily understand that the
companions of the prophet were divided into 3 categories: the
Muhaddithin, the Mufti and the Mujtahid. Within the
Muhaddithin there were 3 further categories: numerous
narrations, average narrations and few narrations. If a
companion narrates lots of hadith it does not mean that the
companion is also the most knowledgeable scholar. Take for
example Hazrat Abu Huraira. He narrated the most hadith
(5374 according to Baqi b. Makhalad- reported by M.M.Azami
in Studies in Hadith Methodology and Literature) but he was
not among the companions who were Mujtahids. This fact
must open the eyes of those Muslims who say that based on
the narrations that is available today, they think that they can
act as Mujtahid and can derive all the legal rulings directly
from the Quran and Hadith. This mentality was more
appropriate in the case of Abu Huraira who was a direct
student of the prophet. Having more hadith at your disposal
does not guarantee you that you have the most knowledge of
religion. If such is the case in regards to Abu Huraira than
where do the so-called scholars of today stand – those who
claim that there is no need to follow the mujtahid Imams.
Having the proper understanding about the actual meanings
and the application of the hadith together with all the
qualifications listed below can only equip a person with the
title and the right to being an absolute Mujtahid. All those
companions who did not possess such qualification among
the companions sought the help of the Mujtahid among the
companions to understand and follow the religion.
The Qualification of a Mujtahid

Strong Iman, Good Character and God-Fear.
Knowledge of the highest branches of Arabic.
Ilm of Quran and Ilm of Hadith.
The Zahir (apparent) meanings and the Khafi (hidden)
meanings.
Muhkamaat (clear, foundational) and Mutashabihaat
(figurative).
The Asbab al-Nuzul (the reasons and circumstances of
the revelation.)
Aam and Khaas (Universal application and Specific
application.)
Nasikh and Mansookh (laws of abrogation).
Muqayyad and Mutlaq (conditional and unconditional).
Meanings of Qiraat Sab’a (seven recitation) and Qiraat
Shaz (Isolated recitation).
The Three Generations
In Sahih Bukhari – Book Virtues of Companions
In Sahih Muslim- Book Virtues of Sahaba.
The prophet said,” Best amongst my Umma are those in my

period then those follow them then those who follow them.”
The Sahaba were with the prophet, then the taba-een were
with the companions and then the at-ba at-taba-een were
with the taba-een.
The knowledge that was available in these 3 generations laid

down the foundation of all the religious sciences that
emerged as a result of classification, documentation and
codification. The Umma owes a great deal to the work and
effort of these generations and the ones who inherited from
them in all the others generations.
Transmission of knowledge is of 2 kinds. The interpreted

knowledge of the Quran and Sunna and the original text of
the Quran and Sunna. As far as the Quran is concerned its
text is unaltered and will remain intact until the end of time.
As for the hadith of the prophet the Imams took great pains
in compiling the hadith from different places and preserving
the chain of transmission and verifying through these chains
what was authentic and what was not!
There wasn’t a single book compiled by any scholar who

claimed to include all the hadith of the prophet.
Imam Bukhari
The Jami-us-sahih of Imam Bukhari contains 9082 hadith
but without repetition it goes down to 2602. This number
does not include ahadith mauqufah and sayings of successors
as per Muhammad Mustafa Azami in his book -Studies in
Hadith Methodology and Literature ed. 1977.
Ibn al-Salah said in his Muqaddimah:
َّ‫ ِب ؤدخٍذ يف وزبيب اجلبِغ إال ِب طخ‬:‫فمذ سوَٕب ػٓ اٌجخبسٌ ؤٔٗ لبي‬
‫ورشوذ ِٓ اٌظذبح ملالي اٌـىي‬.
"We narrated from Bukhari that he said, 'I have not
included in the book al-Jami’ other than what is sahih
and I did not include other sahih hadiths for the fear
of making it too lengthy.”
Al-Dhahabi in Tadhkirat al-huffaz pg 556 said,
"Bukhari was heard saying,'I have memorized100 000

authentic hadith and 200 000 which are less than
authentic.”
It compels one to think whether all the hadith that Imam

Bukhari knew had reached us. Naturally it cannot be thought
so.
Imam Ahmad bin Hambal

Ibn al-Jawzi reports in al-Hass àla hifz al-ìlm pg 53
that Abu Zura said that Imam Ahmad had memorised
1,000,000 hadiths.
About 40 000 hadiths are written in his musnad. Can we
assume to have inherited all the hadith of the Imam Ahmad
bin Hambal? It would be foolish.
M.M.Azami, a brief handbook in the science of hadith

“studies in hadith methodology and literature” mentions the
list of books written by Imam Malik bin Anas, Imam Ahmad
bin Hambal, Imam Bukhari, Imam Muslim, Imam Abu Abdur
Rahman Ahmad An-Nasai, Imam Abu Dawood As-Sajistani,
Imam Muhammed bin Isa at-Tirmidhi, Imam Abu Abdullah
Muhammed Ibn Majah, Imam Abul Qasim al-Tabarani, Imam
al-Athir al-Jazari and others. He also mentions the books
which has been lost.
Some people greatly err in the understanding the difference

between the increased number of books in our times verses
the decrease in the original hadith which existed in the time
of 1st three generations.
Even if it is believed that all the hadith of our beloved prophet

was indeed recorded by the 1st three generations, can it be also
thought that we have received all those hadiths that existed in
those times?
Anyone of knowledge would easily understand that to

preserve knowledge from one generation to the next is not an
easy task. If it was that easy why would Allahu ta’ala take it
upon Himself to preserve the Quran? This point itself clarifies
the statement above. Some people are confused by availability
of Islamic literature today thinking that we have more
original information than the previous generations. This is
among the basic problems of not grasping the right attitude
and proper concept of the madhabs.
Differences in the Ummah!

The statement that only one madhab existed at the time of
Khulafa ar-Rashideen is inflated! The Muslims were under a
state leader and the public affairs were decided by the shura
consisting of eminent companions which was then enforced.
Does this mean that in the matters of personal affairs all were
following a particular method also?
Some superficial observers misquote the incident between

Ubayy ibn Ka`b and Ibn Masùd on the question of praying in
a single cloth: Mr Bilal Phillips writes on page 141.
Quote “‘Umar ibn al-Khattaab, the second Righteous Caliph,

got angry because of a dispute between the Sahaabee, ubayy
ibn Ka’b, and another Sahaabee, Ibn Mas’ood, over the
performance of Salaah in a single piece of cloth. Ubayy
considered in quite alright while Ibn Mas’ood felt that was so
only when cloth was scarce. ‘Umar angrily left his residence
and declared, “Have two of Allaah’s messenger’s companions
disagreed and they are among those whom the masses
watch closely and imitate? Ubayy is correct and Ibn
Mas’ood should desist! If I hear of anyone disputing about
this matter after this point, I will deal with him.” Unquote.
From the above example the intended message is that

difference of opinion is against the spirit of Islam. While
putting too much emphasis on justifying his own rigidity on
the topic the author unknowingly proved that even among
the companions of the prophet there were some companions
whom the rest of the companions watched closely and
imitated them. Recognizing someone’s authority in Islam
and following him is intact the essence of Taqleed.
In fact the explanation of the same incident by Hafiz Ibn

Hajar Asqalani in Fath al-Bari on vol 2 page 77 in the
explanation of the hadith of ……
Sahih Bukhari –Kitab as-salat hadith number 365 that
“Imam Àbd al-Razzaq in his musannaf said the man who

asked Ùmar, was Àbd Allah ibn Masùd. He mentions that
Ibn Masùd approached Ùmar due to his difference with
Ubayy who permitted prayer in a single garment in the sense
that it is not offensive (makruh), while Ibn Masùd held that
this was the case only at the time there was scarcity in
clothing, whereupon Ùmar went up to the pulpit and said:
"What is right is what Ubayy said, and Ibn Masùd certainly
did not fall short". Hazrat Umar’s decision did not declare
that Ubayy was right and Ibn Masood was wrong because he
is himself declaring that Ibn Masood was not wrong. But as a
Mujtahid amongst the sahaba himself he settled the matter
according to his own ijtihad.
This proves that the presence of two or more opinions on a

matter does not mean that one is true and the others are
wrong but that one opinion can be more weighty in evidence
while others can be less, comparably.
Another example of the acceptability of varied opinion is the

hadith of …..
Abu Dawood in his Sunan, the book of Taharah, hadith

#338.
Once two Companions could not find water in the desert to

do wudu’ before the prescribed prayer and did the ritual
ablution with sand (tayammum). However, when they came
across some water some while later within the time of the
same prayer, one of them did wudu’ and re-did the prayer
while the other did not. When they referred the matter to
God’s Messenger later, the Messenger responded to the one
who had not repeated the prayer: You acted in accordance
with the Sunna. Then, he turned to the other and said: For
you, there is double reward.
This hadith is very clear in meaning that the prophet himself

clarified that the two actions were contradictory yet both
were acceptable.
Imam Bukhari in his Sahih
Book of War-Expedition, hadith #4119.
Ibn Umar said, the prophet said on the day of Ahzaab: “No
one among you prays Àsr except at Banu Quraida”. They
encountered the time for Asr salat on the way, some said we
will not pray until we reach there (Banu Quraida) while some
said but we will pray Asr as it wasn’t meant from us that way
(it wasn’t prohibited). The matter was mentioned to the
prophet and he did not scold any of them.
This hadith again proves the concept that one group of

companions had the idea in mind that the asr salat can only
be prayed at Banu Quraida while the other group had the
opinion that the prophet meant to rush to Banu Quraida and
pray Asr there but there was no prohibition to pray if the salat
was at risk. The prophet approved the contradictory opinions
as neither of it was wrong.
The Emergence of Fiqh Madhahib

The mujtahids of absolute capacity were present in the time
of Companions and also in the later generations who could
derive the rulings directly from the Quran and Sunna. Today
we don’t have the complete documentation of all the rulings
of a particular Mujtahid among numerous mujtahids except
for the 4 Imams namely Imam Abu Hanifa Numan Bin Thabit,
Imam Malik bin Anas, Imam Muhammed Idris shafii and
Imam Ahmad bin Hambal.
There are different levels of Ijtihad performed by the scholars

according to their academic levels.
1. Mujtahid Mutlaq
They had numerous students who would learn from them and
there were those who themselves had reached the grade of
Ijtahid so that there were scholary discussions amongst them
to arrive at a ruling.
2. Mujtahid fil-Madhab
These were Mujtahids who used the usul (principles) of the
Mujtahid Mutlaq. They did not separate themselves from the
circle of their Imams and made their own Ijtihads but their
Ijtihads were included within the madhab of their Imams.
These students then classified and codified and further
explained the rulings so that scholar of lesser degree can
benefit from them.
3. Mujtahid fil-Masala
They did Ijtihad in novel situations according to the usul of
their Imams.
4. Ashab al-Takhrij
Those who would explain, unclear rules derived by mujtahids.
5. Arbab at-Tarjih
Those who preferred one of the several riwayas coming from
mujtahids. (narrations or opinions of the mujtahids as
narrated).
6. Muqallids
The common Muslim who were incapable of distinguishing
weak riwayas from genuine ones.
The Door of Ijtihad is Closed/Open.

The common muslim have been misled many a times by
people misquoting statements without explaining the full
application of the concept because of the notion that the
common muslims will blind follow anyways because they
don’t have access to the source of information. Such is the
technique employed by the separatist (those who deviated
from the main body of Muslims) and at the same time they
accuse the umma of blind-following the trusted authorities of
Islam, how ironic!
Anyone looking at the six grades mentioned above can easily

understand that the tool of ijtihad had always been employed
by the different grades of scholars at the time of need and the
umma will continue to employ ijtihad in future until the end
of time. What these scholars did not do was to claim absolute
Ijtihad independent from the 4 Mujtahid Imams? The are 2
main reasons for it.
1st reason
- For not claiming absolute ijtihad is of precaution, that if
the room was opened up for absolute ijtihad then
instead of 4 there would be infinite madhabs in
existence. And if Taqlid (being a Muqallid of Imams) is
thought to be haram (as some feeble minds claim) then
every common muslim is entitled to ijtihad which is
absurd and ignorance. The issue of Taqlid will be dealt at
a later stage.
2nd reason
- for not claiming absolute ijtihad is the fact that the
previous generations had the privilege of a rich content
of prophetic sayings from which they derived the rulings
while the later generations did not receive all but
reduced portions of it in the natural process of transfer.
Read the Paragragh on Imam Bukhari and
Imam Ahmad bin Hambal for full explanation.
The absolute Ijtihad was done by the contemporaries of the 4
Imams of Fiqh but as the time elapsed their fatwas which
were not documented became forgotten. The requirement of
absolute ijtihad was too strict which was not met by the many
later scholars. Not everyone became hafiz of hadith, let alone
the other rigorous conditions mentioned earlier for the
absolute ijtihad. The later scholars did not claim absolute
ijtihad due to the above 2 reasons because of the 4 sets of
usuls employed by the 4 imams were sufficient. The Ijtihad
where the scholars used the principles of their own madhabs
in novel situations was always practiced. This is the unbiased
explanation of the allegation that Ijtihad was abandoned by
the umma because it is an absolute lie - the accusers never
explained to their audience the different types of Ijtihad and
its requirements and the foolishness of their position is that
they expect every layman among the muslim to be a mujtahid.
Those who follow these types of so-called scholars must think
a million times as to whether these are even fit to be leaders
of the Muslims.
Taqlid
It is so unfortunate that Taqlid had been made to appear as

the opposite to Ijtihad. The truth of the matter is that there
are different levels of Taqlid and different level of Ijtihad
depending on the knowledge of the person concerned. All
those who did Ijtihad within the framework of the Madhab of
their Imam were also Muqallids in Usul (Principle) at the
same time. Those persons who are not capable of absolute
Ijtihad cannot in reality understand all the evidences of the
Absolute Mujtahid therefore it is naïve and ignorance to deny
the statements of the Imam. The deniers claim that it is
Haram to follow Imams without understanding their
evidences. What about those who reject the Imams without
understanding their (Imam’s) evidences. Isn’t this haram also?
Even if the evidences are placed in front of a common muslim
how is it possible that every person will understand the
evidence. For the deniers they claim that to mention the
statement that such and such proof is from the Quran and
Sunna is sufficient and this will not be called Taqlid. These
statements are meant to confuse the muslims only. The
muslims already have the trust, that the Imams have derieved
their rulings from the Quran and Sunna. Therefore I propose
with full responsibility that the rampant meaning of Taqlid
which are being flared to confuse the Muslims must be
removed. The definition that Taqlid is blind-following
an Imam is a conspiracy and a mis-statement ……
for the real meaning of Taqlid is to follow the
trust of an Authority (with or) without
understanding their proof.
Imam Shafii was not a common Muslim but a scholar of
the highest caliber but he used to say as reported by:
Ibn Qayyim al-Jawzi reported in ilaam ul

Muwaqqi'een 'an Rabb il 'Aalameen pg 482.
Imam Shafii said: such matters( relating to camels ) I say

in Taqlid of Umar, such matters (relating to sale of
animals) I say in Taqleed of Usman, such matters
(relating to inheritance) I say in Taqleed of Zaid and
from him we accepted many matters of faraid and in
another of his book he said: I say in Taqleed of Ata’a.
The deniers have used the word blind-following as it

has a highly negative implication while the thrust of the
issue is the trust in the caliber and scholarship of the
Imam.
Quranic Proof of Taqlid
It must be borne in the mind that Taqlid is not blind-
following any Tom and Harry but Taqlid is to trust the
authority of the Imam and then to follow him.
َْ‫فَبعِإٌَُىا ؤًََِ٘ اٌزِّ ْوشِ إِْ وُٕزُُِ ٌَب َر ِؼٍَُّى‬

Ask the people of remembrance if you do not know.
The people were denying the validity of the Prophets because

they were human beings therefore Allahu ta’ala directed them
towards the people who had evidence from their previous
revelations. The people of remembrance had the revelation as
proof but Allah did not say that ask for the proof and then
follow them if it is presented to you otherwise don’t. The fact
that the people of remembrance have the proof is enough
authority to be trusted. The verse is affirming the recognition
of the authority’s validity rather than the proof because
understanding the proof is not of everyone’s lot.
ِ‫خىِفِ َؤرَاػُىا ثِِٗ ۖ وٌََىِ سَدُّوُٖ إًٌَِ اٌشَّعُىي‬

َ ٌْ‫وَِإرَا جَبءَُُِ٘ َؤ ِِشْ َِّٓ اٌَْإِِِٓ َؤوِ ا‬
ِٗ‫وَإًٌَِٰ ؤُوٌٍِ اٌَْإ ِِشِ ِِٕهُُِ ٌَ َؼٍَُِّٗ اٌَّزََِٓ َغِزَٕجِـُىَُٔٗ ِِٕهُُِ ۖ وٌََىٌَِب فَؼًُِ اٌٍَّـ‬
‫َػٍَُِىُُِ وَ َسدَِّزُُٗ ٌَبرََّجؼِزُُُ اٌشَُِّـَبَْ إٌَِّب َلًٍٍُِب‬
When there comes to them any matter of peace or fear, they
spread it. Had they referred it to the Messenger or to those in
authority among them, those who can draw conclusion would
have known it. Were it not for the Grace and Mercy of Allah
unto you, all would have fallen into the clutches of Satan
except a few.
Referring your matters to the messenger and the ones in

authority is supported by the verse. They would draw
judgement from the same information from which you could
not. This shows that there is a level of scholarship required to
make legal judgements which everyone is not capable of.
Allahu ta’ala did not impose the presentation of evidence as a
requirement of accepting their judgements because of the
inability of every common Muslim in grasping the evidence.
Referring your issues to authorities is in fact being saved from
the attack of devil (the external devil and the internal devil –
the ego.)
The other important point that is revealed in the above verse

is that all those who received the news or information cannot
deduce the correct judgement, only the authorities bestowed
with the faculty of Investigation, analysis, wisdom and
scholarship will deduce the judgement from the same
information from which the common muslim could not.
Those who do not resort to the trusted authorities will only be
led to the clutches of devil because they refused the
authorities and made their ego and whimps the authority to
be followed. One who is under the influence of ones ego will
naturally be entrapped by the devil. May Allah forbid!
ِْ‫ََب ؤََُّهَب اٌَّزََِٓ إَُِٓىا ؤَؿُِؼُىا اٌٍَّـَٗ وَؤَؿُِؼُىا اٌشَّعُىيَ وَؤُوٌٍِ اٌَْإ ِِشِ ِِٕىُُِ ۖ فَئ‬
َِ‫رََٕبصَػِزُ ُِ فٍِ شٍَِ ٍء َفشُدُّوُٖ إًٌَِ اٌٍَّـِٗ وَاٌشَّعُىيِ إِْ وُٕزُُِ ُر ِؤ ُِٕىَْ ثِبٌٍَّـِٗ وَاٌَُْ ِى‬
‫اٌْأ ِخشِ ۖ رٌَِٰهَ خَُِشْ وََؤدِغَُٓ رَ ْإوًٍَِب‬
O ye who believe! Obey Allah, and obey the Messenger, and
those with authority among you. If ye differ in anything
among yourselves, refer it to Allah and His Messenger, if ye
do believe in Allah and the Last Day: That is best and most
suitable for end result.
There are many subtle meanings inside this verse yet many
superficial scholars use this same verse to deny the concept of
the authority of the ulul-amr (the ones in authority). The
obedience to Allah is unconditional and the obedience to the
prophet is also unconditional but the obedience to the ulil-
amr is not unconditional. Their obedience is conditional.
Using this partial meaning they deny the concept of following
the authorities. They say that the obedience of the ulil-amr
depends on the following of the correct interpretation of the
Quran and Sunna. This statement might look pleasant on the
outset but it is unfounded during deeper analysis.
The obedience to Allah is to follow the Quran and the

obedience to the prophet is to follow the Sunna. These 2 are
the criteria to the one who can deduce the meanings directly
from these 2 sources and these are the Mujtahideen Mutlaq as
we have mentioned before. If these were the only 2 sources
for every Muslim to follow then there was no need to mention
the ulul-amr. Why did Allah mention the ulul-amr? This
shows that the ulul-amr is another source of guidance. Their
separate mentioning shows that they have an authority in the
deen and their authority will be subjected to their
scholastic understanding of the 2 sources. They will
judge according to their interpretation of the Quran and
Sunna which everyone is not entitled to.
In the above verse Allahu ta’ala mentions the “conflict” in

which case the matter will be returned to Allah and His
Messenger. The question is who is the Quran talking about
that will contradict or have conlict with the ulul-amr? Can
they be common Muslims? Of-course not, how can they
contradict when they don’t have the scholarship to deduce
directly from the Quran and Sunna in the first place? The
ones who can contradict the ulul-amr will only be those who
themselves belong to the group of ulul-amr. From this
understanding the scholars of Islam deduced that a
Mujtahid Mutlaq must not do taqlid to another
Mujtahid Mutlaq since they themselves have the ability to
deduce directly from Quran and Sunna. The deniers have
wrongly interpreted this statement to ban taqlid of ulil-amr
by the common Muslims. This is ignorance on their part and a
proof of their inability to understand the proper concept and
application of Taqlid. To recap, the verse is positively
supporting taqlid of the ulil-amr by mentioning them
separately from obedience to Allah and Messenger. This
application is for the common Muslim. When the verse is
mentioning contradiction to ulul-amr it is prohibiting taqlid
to the ulul-amr by other ulil-amr who can derieve directly
from the Quran and Sunna. Allah is great! HE has included
wiseful application of His verses in different situations and
this is itself the miracle of the Quran.
The verses which the deniers were using to deny taqlid

actually supported the concept of taqlid in its proper
application and perspective.
Imam Abu Hanifa an-Numan Bin Thabit

Out of the 4 Imams, Imam Abu Hanifa is the only Imam who
is a Tabii, that is, he saw the sahaba of the prophet. The
companions that he met range from 4 to 22 according to the
research of different scholars as mentioned by Shaykh ul-
Islam Muhammed Tahir al-Qadri in his famous and historical
research called Imam Abu Hanifa Imam ul-Aimmah fil-Hadith
pg 286 to 293.
Because of his (Imam Abu Hanifa’s) contribution in the

classification of Fiqh he is considered to be the father of the
Fuqaha. Imam Shafii is considered to be the one who
classified the usul of fiqh.
Imam Dhahabi in Tazirah al-Huffaz pg 167
mentioned the saying of Imam Shafii.
‫ إٌبط يف اٌفمٗ ػُبي ػًٍ ؤثىي دُٕفخ‬:ً‫و لبي اٌشفؼ‬

Imam Shafii said, “All the people in Fiqh are the
children of Imam Abu Hanifa.”
Because of his defence of the correct Islamic ideology against

the deviant groups of his time they launched enormous
propaganda against Imam Abu Hanifa and history books are
sufficient proofs of this. Their slanders could have
disintegrated mountains yet Allah saved the Imam and his
fame grew more as a result.The adherents to his madhab grew
more and more against all forms of propaganda.
According to the hadith of Sahih Bukhari – Book of

Tafseer and Sahih Muslim – Book of excellence of
Companion.
Abu Huraira narrates “We were sitting with the Prophet
when the surah of Juma (verse number 3) was
revealed. “And among the later ones who have not yet
met them (present ones). A companion asked, “who are
these later ones?” The prophet did not answer until we
had asked 3 times. He put his hands on Salmaan the
Persian and said, “even if the faith was in the farthest
star, a man of Persia or He said the sons of Persia will
get it.” the words belong to sahih muslim.
In this hadith the person being mentioned and honored
cannot be a companion, like some might think that it is
talking about Salman Al-farsi. That person is one who is not
present in the gathering but will meet the companions later-
on, therefore he would be considered a Tabii. The reason why
the prophet put his blessed hands on Salman Al-farsi is that
the person in question has a link with Salman Al-farsi because
Hazrat Salman is from Persia. The prophet himself clarified
this point when he said “a man of Persia / sons of Persia
meaning the person would be from Persia or would be the
sons of Persian descent. Among the famous scholars of
Hadith and Fiqh only Imam al-Azam Abu Hanifa was from
Persia.
Imam Ibn Hajar Haythami‟s research in Al-khairaat

Al-Hisaan pg 12.
‫٘زا ؤطً طذُخ َؼزّذ ػٍُٗ ىف اٌجشبسح‬: ً‫لبي احلبفظ احملمك اجلالي اٌغُىؿ‬
ٌٗ ‫ثإىب دُٕفخ سمحٗ اهلل و يف فؼٍُخ اٌزبِخ‬
Imam Ibn Hajar Haythami after mentioning the hadith
from sahih Muslim, Shirazi, Abu Nuaym and Tabrani
wrote that Al-Hafiz al-Muhaqiq Imam Jalaluddin Suyuti
said ,”this is actually the gladtidings about Abu Hanifa
and in complete superiority for him.”
Some unfounded Objections on the Imam and their

refutation
Ahlul Ray (People of Opinion)

Those who could not understand the ijtihad of Imam Abu
Hanifa and those who had personal vendetta against him
called him by the name – ‘Ahlur- RaI” (those of opinion) This
name was also used by some other neutral scholars about the
Imam without the negative implication.
Ijtihad is the result of the Mujtahid’s understanding of the

proofs which is actually the educated opinion of the Mujtahid.
Aren’t all ijtihads opinions of the mujtahids? Such is the
baselessness of the objection.
This hadeeth has been reported in…
Sunan Tirmidhi – Kitab al-Ahkaam, hadith number

1327, Sunan Abu Dawood, Kitab al-Aqziyatu,
hadith number 3592.
The Prophet (sallallaahu àlayhi wa sallam) sent Muàadh

(radiyallaahu ànhu) to Yemen and asked him: "How will you
judge the cases?" He replied: "I will judge according to the
Book of Allaah". "But if you do not get anything there, what
will you do?” the Prophet (sallallaahu àlayhi wa sallam)
asked. He said: "I will refer to the sunnah of the Prophet
(sallallaahu àlayhi wa sallam)". "But if you do not get it even
there, what will you do?", the Prophet (sallallaahu àlayhi wa
sallam) asked again. He replied: "Ajtahidu RaYii- I will
exercise my judgment." Hearing this, the Prophet (sallallaahu
àlayhi wa sallam) patted Muàadh (radiyallaahu ànhu) on
the chest and said: "Praise is for Allaah who has made the
Messenger of Allah’s Messenger agree with what pleases
Allah’s Messenger."
According to this hadith, Hazrat Mu’aadh mentioned “RaYii”

– (my opinion) and this was approved by the prophet.
Therefore how can the opinion of a Mujtahid be a thing of
negative impact?
Hazrat Mu’aadh would judge from Quran, Hadith and then

his Opinion. Isn’t the same method used by Imam Abu
Hanifa? See pg 74 of Evolution of Fiqh by Bilal Phillips. He
mentioned that Imam Abu Hanifa used Ijitihad (Opinion) as
the 5th source of deduction of Islamic Matters. How can only
Imam Abu Hanifa be labelled as ‘Ahlul RaYi’ in the negative
sense? This shows the propaganda of the enemies of the
Imam to defame him.
The hadith below is narrated by Imam Nasai in his Sunan in
the Book Kitab’u A’daab-il Qadaati in the chapter Al-
hukm’u bi ttifaaqi ahlil ilmi. Imam Nasai has graded this
hadith as sahih (good good).
ِٗ ٍَُِ‫طًٍَّ اٌٍَُّٗ َػ‬

َ ُُُِّٗ‫فَئِْْ جَبءَ َؤ ِِشْ ٌَُِظَ فٍِ وِزَبةِ اٌٍَِّٗ َفٍَُْمْغِ ثَِّب لَؼًَ ثِِٗ َٔج‬
ٍَََُّ‫طًٍَّ اٌٍَُّٗ َػٍَُِِٗ وَع‬َ ُُُِّٗ‫وَ َعٍََُّ فَئِْْ جَبءَ َؤ ِِشْ ٌَُِظَ فٍِ وِزَبةِ اٌٍَِّٗ وٌََب لَؼًَ ثِِٗ َٔج‬
ِٗ ِ‫َفٍَُْمْغِ ثَِّب لَؼًَ ثِِٗ اٌظَّبٌِذُىَْ َفئِْْ جَبءَ ؤَ ِِشْ ٌَُِظَ فٍِ وِزَبةِ اٌٍَِّٗ وٌََب لَؼًَ ث‬
ٍِِّٔ‫طًٍَّ اٌٍَُّٗ َػٍَُِِٗ وَ َعٍََُّ وٌََب لَؼًَ ثِِٗ اٌظَّبٌِذُىَْ َفٍَُْجَِزهِذِ سَؤَُْٗ وٌََب َمُىيُ إ‬
َ ُُُِّٗ‫َٔج‬
ْ‫ذٍَبيَ ثَُِّْٓ وَاٌْذَشَا َ ثَُِّْٓ وَثََُِٓ رٌَِهَ ُؤُِىسْ ُِشِزَِجهَبد‬
َ ٌْ‫َؤخَبفُ وَإٍِِّٔ ؤَخَبفُ فَئَِّْ ا‬
ْ‫اٌشدَِِّٓ َ٘زَا اٌْذَذَِثُ جَُِّذ‬ َّ ‫ لَبيَ ؤَثُى ػَجِذ‬.َ‫فَذَعِ َِب َشَِجُهَ إًٌَِ َِب ٌَب َشَِجُه‬
ْ‫جَُِّذ‬
In the above hadith The Mujtahid Companion Abdullah bin

Masud said: If a thing (issue) is not in the Quran then one
judges with whatever has been decided in the Sunna. If a
thing is not in the Quran and in the sunna then one judges by
what has been decided by the pious (companions). If a thing is
not in the Quran, Sunna and the decisions of the pious then
one does Ijtihad with his Rai (opinion).
Note: according to the wrongly named salafis, the hadith of

Tirmidhi is not authentic because Imam Tirmidhi said that the
chain is not complete. I would like to point out that the hadith
in the Sunan of Imam Nasai which is Sahih is mentioning the
same subject of how to make a Jugement. According to the
science of Hadith a weak chain can be accepted if supported
by another chain which is stronger and they both deal with
the same subject matter. Such is the case above. Therefore
both the hadiths can be taken as evidence for the validity of
Opinion (Rai) in judgement (by a Mujtahid) in the absence of
evidence from Quran, Sunna and Ijma of the companions.
Rai (Opinion) is not necessarily opposite of Quran and Sunna
but it is the result of the deduction from Quran and Sunna by
the method of Qiyas. Those who did propaganda against the
Imam called themselves “ahlul hadith” or ones who base their
opinion on hadith. So they invented ahlul- ray for the Imam
as an opposite of ahlul-hadith. If they are intending that
Imam Abu Hanifa gave his opinion without the basis of Quran
and hadith then this is another lie. The extract below will
prove this point.
In Manaqib al-Imam al-A‟zam by Muwaffaq bin

Ahmad al-Makki al-Khawarzimi on page 168, Imam
Abu Zohra in Abu Hanifa on page 80 reports…
The incident when Imam Abu Hanifa met Imam Muhammed
Baqir when he said, ‘Are you that person who oppose the
religion and hadith of my grandfather (the prophet) with your
opinion.’ Imam Abu Hanifa said, ‘May Allah forbid’. Then
Imam Abu Hanifa asked Imam Baqir three questions to clarify
his position.
Imam Abu Hanifa asked, ‘Men are fragile (emotionally) or

women?’ Imam Baqir said, ‘women.’ How many share is for
women. Imam Baqir said, ‘for men is 2 shares and for women
is 1 share. Imam Abu Hanifa said,’ According to qiyas, women
who are fragile must be given two shares and men only one
but I ruled according to the saying of the prophet.’ Imam Abu
Hanifa asked,’ Is salat superior or fasting? Imam Baqir said,
‘Salat’. Imam Abu Hanifa said, ‘this is the saying of your
grandfather, if I changed the religion with my opinion then I
would rule that women complete their missed salat after
purification from menstruation and not complete their
missed obligatory fast since salat is superior.’ Imam Abu
Hanifa then asked, ‘Is urine more impure or sperm?’ Imam
Baqir said, ‘urine.’ Imam Abu Hanifa said, ‘if I used qiyas and
not the hadith I would rule that ghusl (shower) is needed
after urination and wudhu after ejaculation since urine is
more filthy, but I ruled that Ghusl is needed after ejaculation
and wudhoo (ablution) after urination.’ After hearing this
Imam Baqir stood up, embraced Imam Abu Hanifa, kissed his
face and treated him with respect and nobility.
This incident shows that the propaganda against Imam Abu
Hanifa (that he gave his opinion against hadith) was so
intensely spread by his enemies that even the most beloved
scholar of the time Imam Muhammed Baqir was influenced
by it until Imam Abu Hanifa himself clarified the matter.
Weak in hadith
The enemies of Imam Abu Hanifa spread lies about him that
he did not have enough knowledge of hadith so that the next
attack of them would be directed on his ijtihad. They did in-
fact accused him of basing most of his ijtihad on opinion.
Below are some facts which will shed light on this baseless
accusation.
Shaykh al-Islam Muhammed Tahir al-Qadri in Imam Abu

Hanifa Imam al-Aimmah fil hadith pg 572 writes ….
Imam Ibn Hajar Makki in Al-Khairaat Al-Hisaan fi

Manaqib An-Naomaan pg26
‫و لذ روش ِٕهُ االِبَ ؤثى دفض اٌىجري ؤسثؼخ آالف و لبي غريٖ ٌٗ ؤسثؼخ‬
‫آالف شُخ ِٓ اربثؼني‬
Imam Abu Hafs al-Kabeer has mentioned 4000 teachers of
Imam Abu Hanifa and he said apart from it (the 1st statement)
he (Imam Abu Hanifa) had 4000 teachers from the Taba-een.
The important point to be noted is that Imam Abu Hanifa was

the first person who classified the fiqh under separate
headings. From this it is understood that he must not have
studied Fiqh as a subject under these teachers because fiqh
was not compiled at the time. All the teachings of Islam were
in its original form of hadith of the prophet. Even if he
studied fiqh it was in the form of hadith therefore no matter
how anyone puts it Imam Abu Hanifa studied hadith from
these teachers.
Shaykh al-Islam Muhammed Tahir al-Qadri in Imam

Abu Hanifa Imam al-Aimmah fil hadith pg 578
writes…..Out of all the Teachers of Imam Abu Hanifa
125 were the narrators of kutub-e sitta.( 6 famous
books of hadith).
Shaykh al-Islam Muhammed Tahir al-Qadri in his
book called “Imam Al-Azam’s Students – Top Notch
Scholars of hadith (urdu)” pg 32…out of all the
narrators of kutub-e sitta (6 famous books) 125
narrators were the students of Abu Hanifa. Of these 69
narrators are Shuyuk (Teachers) of Imam Bukhari and
81 are Shuyuk of Imam Muslim. Imam Abu Hanifa
had 800 students who were masters of hadith.
The facts above reject the baseless accusations on the Imam
that he was weak in hadith. Infact he was the master of Fiqh
and Hadith.
Imam Al-Azam
The greatest Imam! Why do the objectors have to put the
meaning against the intended usage? In denial the objectors
use another technique to misuse correct statements in their
propaganda and they say that the greatest Imam is our
Prophet - who is the Imam of all the Prophets. While this is
true, the application has bad intention against the Imam (Abu
Hanifa).
Allahu ta’ala said in the Quran (9:128)
َ‫ٌَمَذِ جَبءَوُُِ سَعُىيٌ ِِّٓ ؤَٔفُغِىُُِ َػضَِضْ َػٍَُِِٗ َِب ػَِٕزُُِّ َدشَِضْ َػٍَُِىُُ ثِبٌْ ُّ ِؤ ِِٕني‬
ُُِْ‫سَءُوفْ َّسد‬
There had come to you a messenger from among you, it
grieves him that you are in pain, yearning for your benefit, to
the believers he is most kind and most merciful.
Allah said in the Quran (2:143)
ُُِْ‫إَِّْ اٌٍَّـَٗ ثِبٌَّٕبطِ ٌَشَءُوفْ َّسد‬

Surely Allah is most merciful to all people.
In both these verses Allahu ta’ala has used the word
“Raheem”. The first verse tells that the prophet is “Raheem”
and the other verse tells us that Allah is “Raheem”.
Is there a contradiction? No, because Allah is the Raheem in

absolute capacity, as no one made HIM Raheem while the
prophet is Raheem because of the bestowal of Allah. Prophet
is dependent on Allah for his attributes while Allah is
independent from all. This is the correct understanding of the
two verses.
The word Raheem is used in the Quran without the

explanation that I have given above but the Muslims are
expected to understand the meaning in the light of the
interpretation.
Why can’t we understand the word Imam al-Azam like-wise?

When used for Imam Abu Hanifa it means the Greatest Imam
of Islam who codified Fiqh for the umma while for the
prophet, it means the absolute Imam greater than all Imams
in every sense (leader of the entire creation).
Even Imam Dhahabi in Tazkirah al-Huffaz pg 167

mentions Imam Abu Hanifa as Imam Al-Azam.
The accusation unveils another attack to defame the greatest
Faqih of the Umma whose madhab Allahu ta’ala has kept
intact against all forms of propaganda.
The Division of Muslims because of Madhabs

or Anti-Madhabs!!
On Page 144 of Evolution of Fiqh ‘Disagreements among the
Sahaabah never led to disunity and division amongst them,
whereas, among later scholars of the Madh-hab, differences
evolved into disharmony among Muslims.”
The writer is accusing the madhabs for creating division.

I do not deny that there may be people who use religious
concepts to misuse or abuse religion to their personal benefit
but does that mean that the concept is wrong. Where is the
logic? Wrong concepts must be proven wrong from the Quran
and Hadith, not by the use or abuse of the people. Firstly,
they are accusing the Imams of making religious deductions
based on opinions then to prove that madhabs create division
they quote the stories of some fanatics. They must never use
anything apart from Quran and Hadith to prove their point
since it would be against their own philosophy.
The real cause of divisions in the umma is mentioned below,

not a mere accusation but, as related by the hadith of the
blessed Messenger.
Imam Ibn Maja, Book of Fitn, chapter 17, hadith #
3992, 3993.
The prophet said, “The Jews divided into 71 groups, one is in

paradise and 70 are in hell. The Christians divided into 72
groups, 71 are in hell and 1 is in paradise. By Allah in whose
hands is the soul of Muhammed, my nation will divide into 73
groups, one is in paradise and 72 are in hell. They asked him
who are they?”(those in the group that is saved). It is the
“Jama’at” (the group).”
Imam Abu Dawood in Sunan, Book of Sunna, hadith #

4597.
Muawiya stood amongst us and said the prophet

stood amongst us and said, “verily, before you from the
people of the Book, divided into 72 groups and verily,
this nation will divide into 73, 72 are in hell and one is
in paradise and It is the “Jama’at” (the group).”
Imam Ibn Majah, Kitab al-fitan, Chapter – As Sawad

Al-Aazam, Hadith # 3950
Hazrat Anas bin Malik reports that he heard the
prophet Say “My umma will not agree on error, when
you see contradiction (it is) necessary for you to be with
Sawaadil Azam”. (The biggest group).
Imam Tirmidhi, Kitab al-Iman, hadith # 2641.
Abdullah ibn Umar reports that the prophet said…
“Verily, Bani Israil divided into 72 groups and my

nation will divide into 73. All of them will be in the fire
except one group. They asked, “who is it Oh Messenger
of Allah. He said, “What I am and My Companions are
upon (sunna).” The Sunna of the Prophet and the
Jama’at of the Sahaba = Ahlus Sunna wa Jama’ah.
Imam al-Tirmidhi reported in his Jami-us-Sahih
hadith # 2167
- on the authority of Ibn Umar (Allah be pleased with him)
from the Prophet (Allah bless him and give him peace), who
said:
"Verily Allah will not gather my Ummah (or he said the
Ummah of Muhammad) upon error and Allah's hand is
over the group and whoever dissents from them departs
to Hell."
Imam Tirmidhi reports in Jami –us-Sunan, hadith #
2166.
Ibn Abbas reports that the messenger of Allah said,” the

hand of Allah is with the group.”
Imam al-Tirmidhi reported in his Jami-us-Sahih

hadith # 2165”
‫ػٍُىُ ثبجلّبػخ وإَبوُ واٌفشلخ فئْ اٌشُـبْ ِغ اٌىادذ و٘ى ِٓ االثٕني‬

ِٓ‫ؤثؼذ ِٓ ؤساد حبجىدخ اجلٕخ فٍُضَ ِٓ عشرٗ دغٕخ وعبئزٗ عُئزٗ فزٌه املؤ‬
To remain with the group is compulsory for you and beware
of separation (from the group) for devil is with the one and he
(devil) is away from the two. One who wishes for more share
of paradise it is obligatory (for to be in the Jamaat – the saved
group). One for whom good deed is pleasing and bad deed is
displeasing: is a Mumin (faithful).
This hadith explains the concept of Jama’at. Two is better

than one and devil is away from the more in number. The
saved group will be always more in number than the sects
which break away from the main group of Muslims.
Imam al-Tirmidhi in Sunan al-Tirmidhi: hadith # 2167

said:
"The explanation of al-Jama'ah according to the people of

knowledge: They are the people of fiqh, knowledge and
Hadith."
Imam Tirmidhi who is an Imam of Hadith says that the

Jama’at consists of the people of Fiqh and ilm and hadith.
Here he separated the fiqh as a science separate from ilm
(which is Quran) because he wants to explain that the fiqh is
inclusive of Quran and Hadith and is not something foreign.
The Jama’at must have all the three to be considered the
group being mentioned in the hadith above.
To accuse the madhabs for the division of the Muslim umma

is utter lie and a complete covering of suspicious agenda. The
division as foretold in the numerous hadith of the prophet is
not due to the matters of fiqh but the matters pertaining to
the belief (aqeeda) of the Muslims. According to the classical
authorities of Islam the first group that falls in this division is
the Khawarij. The Khawarij was not a division of fiqh but they
deviated from the companions on the bases of belief (aqeeda)
and they even accused Hazrat Ali of shirk. According to them
the 4th righteous caliph became a non-muslim and they even
fought against him. This is the real cause of division among
the umma. Even though the companions of the prophet were
divided on the issues of fiqh as in the case of Hazrat Ali and
Hazrat Ameer Muwawiya after the murder of Hazrat Usman,
the real cause of the misconception and instigations leading
to the clash of the Muslim armies were the conspiracies of the
Khawarij. They plotted in dividing the companions and
instilled misleading information on both sides.
In the entire history of the Islamic era there was no incident

of the Muslims fighting on issues of fiqh which led to the
bloodshed of the Muslims. On the other hand there were
numerous such groups which isolated from the majority,
main body of the umma. These groups accused the ‘sawad al-
azam’ of either shirk, bidah and haram just like the mentality
of the khawarij. They also thought it was permissible to shed
the Muslim blood based on this accusation. This was the real
reason for the division of the umma and not fiqh madhabs.
The madhabs always thought that each madhab of fiqh was
right in their deduction of the fiqh matters and the 4
prevaling madhabs were on the path of truth. If you consider
the other madhabs to be correct according to their usool
(principles) how would that create division? The evidence of
this leniency and acceptability among madhabs is also
established by the very question put forward by Mr.Bilal
Phillips and others deniers of madhabs that: how can a thing
be permissible and prohibited at the same time and both
these deductions to be correct? I will entertain this question
at the proper place later on, at present I am only making the
readers aware of the false propaganda that the madhabs
created division in the umma. There could be cases when the
fanatics of madhabs would have made unacceptable
statements about other madhabs due to the presence of
fanatics in each and every area of knowledge. But these were
insignificant and got brushed aside by the scholars of the
same madhabs whom they were fanatically favoring.
Imam Dhahabi in Tazirah al-Huffaz pg 167

mentioned the saying of Imam Shafii.
Isn’t this proof enough that the shafii scholars praised Imam
Abu Hanifa and Imam Shafii himself declared that all scholars
of fiqh were children of Imam Abu Hanifa?
Imam Ibn Hajar Makki in Khairaat al-Hisaan pg 5

says….
‫لٍذ ِبٌه وُف سؤَذ ؤة دُٕفخ فمبي سؤَذ سجال ٌى وٍّه يف اٌغبسَخ‬
ٗ‫ؤْ جيؼٍهب ر٘جب ٌمبَ حبجز‬
Imam Shafii said, ‘I asked Imam Malik about Imam Abu
Hanifa. Imam Malik declared the caliber of Imam Abu Hanifa
to Imam Shafii that if he claimed a pillar to be of gold he will
establish undeniable proof for it.’
This is the quality and superiority of his Ijtihad.
Why are these facts ignored and those who really created the
division and accused the whole Muslim umma of shirk and
bidah have become the claimants of the right path? The
Muslims must wake up in the face of these facts and realize
the innocence behind the masked face of neo-khawarij!!!
The Refutation of Wrong Allegations
1st Objection
Those who follow the Imams of Madhab in Fiqh are
accused of following the Imams without
understanding the evidence and the Quran ( surah
17: verse 36 is quoted as a proof).
The Quran says (17:36)
ًُُّ‫ظشَ وَاٌْ ُفؤَادَ و‬

َ َ‫وٌََب َرمْفُ َِب ٌَُِظَ ٌَهَ ثِِٗ ِػٍُْْ ۖ إَِّْ اٌغَّ ِّغَ وَاٌْج‬
‫ؤُوٌَـٰئِهَ وَب َْ ػَُِٕٗ َِغِئُىًٌب‬

Do not follow that of which you have no knowledge.
If you pay attention to the verses before and after verse 36 you
will come to know that Allahu ta’ala is mentioning the evils in
the society.
Verse 31 – َِّْ‫وٌََب َرمُْزٍُىا َؤوٌَِبدَوُُِ خَشَُِخَ ِإ ٍَِِبقٍ ۖ َّٔذُِٓ َٔشِصُُلهُُِ وَإََِّبوُُِ ۖ إ‬

‫لَِزٍَهُُِ وَبَْ خِـْئًب وَجِريّا‬
And do not kill your children for fear of poverty. We provide
for them and for you. Indeed, their killing is ever a great sin.
Verse 32 – ‫وٌََب َر ْمشَثُىا اٌضَِّٔب ۖ إَُِّٔٗ وَبَْ فَبدِشَخً وَعَبءَ عَجًٍُِب‬

Do not go near adultery. Indeed, it is ever an immorality and
is evil as a way.
Verse 33 – ‫َش َ اٌٍَّـُٗ إٌَِّب ثِبٌْذَكِّ ۖ وََِٓ لُزًَِ َِ ْظٍُىِّب‬

َّ ‫إٌ ْفظَ اٌَّزٍِ د‬
َّ ‫وٌََب َرمُْزٍُىا‬
‫غشِف فٍِّ اٌْمَزًِِ ۖ إَِّٔ ُٗ وَبَْ َِٕظُىسّا‬
ِ َُ ‫َفمَذِ َج َؼٍَْٕب ٌِىٌَُِِِّٗ ُعٍْـَبّٔب َفٍَب‬
Do not kill unjustly which Allah has forbidden, except by
right. And whoever is killed unjustly - We have given his heir
authority, but let him not exceed limits in [the matter of]
taking life. Indeed, he has been supported [by the law].
Verse 34 – ۖ ُٖ‫ُذ‬
َّ ‫وٌََب َر ْمشَثُىا َِبيَ اٌَُْزُُِِ إٌَِّب ثِبٌَّزٍِ ٍَِ٘ َؤدِغَُٓ دَزًَّٰ َِجٍُغَ ؤَش‬
‫ِْ اٌْ َؼهِذَ وَبَْ َِغِئُىًٌب‬
َّ ‫وََؤوِفُىا ثِبٌْ َؼهِذِ ۖ إ‬
Do not misuse orphan’s property except in the way that is
best, until he reaches maturity. And fulfill [every]
commitment. Indeed, the commitment is ever [that about
which one will be] questioned.
Verse 35 – ْ‫وََؤوِفُىا اٌْىًََُِ ِإرَا ِوٍْزُُِ وَصُِٔىا ثِبٌْمِغِـَبطِ اٌُّْغَِزمُُِِ ۖ رٌَِٰهَ خَُِش‬
‫وََؤدِغَُٓ رَ ْإوًٍَِب‬
Be honest in measure when you measure, and weigh with an
even balance. That is the best [way] and best in result.
Verse 36 - See the verse quoted above. Do not follow that of

which you have no knowledge; for every act of hearing, or of
seeing or of (feeling in) the heart will be enquired into (on the
Day of Reckoning).
Verse 37 – َ‫خشِقَ اٌْإَسِعَ وٌََٓ رَِجٍُغ‬

ِ َ‫وٌََب رَ ِّشِ فٍِ اٌْإَسِعِ َِ َشدّب ۖ إَِّٔهَ ٌَٓ ر‬
‫اٌْجِجَبيَ ؿُىًٌب‬
Do not walk arrogantly.Indeed, you will never tear the earth
[apart], and you will never reach the mountains in height.
Now consider verse 36 again and see that Allahu ta’ala is

telling the people not to follow. Follow whom? In the
footsteps of those who perpetrate these evils because
everyone does not understand the result of their actions.
Then Allahu ta’ala mentions that following these evils will
only get you in trouble because your ear, eyes and heart will
have to answer for the evils done.
Where in the verse does it say that you must not follow the
trusted authorities of Islam in their Ijtihad? They are mis-
quoting parts of the verses with wrong application to confuse
the Muslims.
2nd Objection
On page 57 Mr. Bilal Phillips writes….”because the
number of Sahaabah who settled there (Iraq) was
small, Hadeeths were not nearly as available there
as in Hijaaz.”
This statement is supposed to create the background for the

next attack that Imam Abu Hanifa did ijtihad in the absence
of hadith.
Shaykh ul-Islam Muhammed Tahir al-Qadri writes in

“Imam Abu Hanifa –Imam ul Aimmah fil- hadith” - pg
333, Imam IBn Nujaym in Al-Bahru Al-Raiq in vol 1 Pg
126 writes….
‫ٔضي اٌىىفخ ؤٌف و مخغّبئخ ِٓ اٌظذبثخ و ٔضي لشلُغب عزّبئخ‬

One thousand and five hundred of the Companions stayed in
Kufah and stayed six hundred in Qerqaysa.
Imam Asqalani in Hadi as-Sari (Muqaddima fath ul-
Bari Pg 479)
Shaykh al-Islam Muhammed Tahir al-Qadri in “Imam
Abu Hanifa Imam al-Aimmah fil hadith” - pg 349
writes…
‫لبي اٌجخبسي دخٍذ إىل اٌشبَ و ِظش واجلضَشح ِشرني وإىل اٌجظشح ؤسثغ‬
‫ِشاد و ؤلّذ ثبحلجبص عزخ ؤػىاَ وال ؤدظً وُ دخٍذ إىل اٌىىفخ‬
‫واٌجغذاد ِغ احملذثني‬
”Imam Bukhari said,’ I went to Sham, Misr and Jazirah

2 times, to Basra 4 times, stayed in Hijaz for 6 years
and went to Kufa and Baghdad uncountable times with
the Muhadditheen.”
Imam Bukhari was collecting hadith for compilation. He was
not compiling Fiqh. Why was he going to Kufa if there were
few hadith only? The statement of Imam Bukhari proves that
Kufa had the most hadith than most parts of the Islamic
world. Those who twist facts to suite their whimps – can they
ever be trusted as a scholar in Islam and what weight will
their writings carry?
3rd Objection
The Muslims believe that the madhabs are divinely
ordained. Mr Bilal Phillips writes on page 7”. At the
same time he may be informed that there are three
other canonical schools, and that all four schools
are divinely ordained and infallible.”
There isn’t a Muslim on the face of this planet who ever

claimed such a thing. The fact that the direct students of
the Imam contradicted their Imams on various matters
in arriving at a legal decision proves that they never
supposed it to be divine.
The Muslims follow the madhabs on the trust of the

scholarship of the Imam. Trusting someone isn’t
divinity. All the later scholars who came later in the
generations of Islamic history followed the Principles of
their Madhabs and belonged to one of the 6 grades of
people that follow the madhabs. Those who had attained
the level of Ijtihad, in fact did ijtihad according to the
same principles and those who could not, merely
followed the fatwa of their madhabs. The Imams of
hadith followed the madhabs like Imam Nasai, Imam
Abu Dawood, Imam Tirmidhi, Imam Ibn Hajar Asqalani,
Imam Nawawi, Imam Gazali, Imam Suyuti, Imam
Fakhrud-deen Razi, and the whole Muslim umma
walked according to the decisions of their madhabs.
Those who opposed the following of the madhabs (these
were always few in number) emerged at different times
in history and finally deviated into gross error. Just like
the hadiths of the prophet which has been mentioned in
the section “division in the umma” in which the prophet
said, ‘The biggest group’ is the saved group. Now those
who oppose and accuse the majority of the Muslims at
present and in the previous centuries are themselves
proving to be among the deviated sects. This is the real
meaning of the statement that if one does not adhere to
the madhabs then certainly that person is among the
cursed sects because the majority of the muslims had
always been in the madhabs except for the very early
generations who had numerous Mujtahids and the 4
madhabs had not been documented then. The 73 sects
were told by the prophet, so it is in the fate of this
umma. Naturally so, the saved group is an ordainment
from the blessings of Allah which has continuous link to
every generation of Islam leading to the prophet, while
the sects themselves are cut-off and the evidence is in
their own claim that they are following the Quran and
the Sunna directly or that they are directly following the
first 3 generations. A person of understanding will never
accept these slogans at face value which is only meant to
confuse the people because they are hiding the fact that
they are minority sects and does not have the roots in
every generation of Islam.
They accuse the Muslims that they think the madhabs are
divinely ordained when the reality is that the muslims
believe as per the hadith that the saved group is a
promise of Allah through the urgency of the prophet’s
hadith and in reality an extension to the promise that
the Quran will be preserved by Allah himself.
4th Objection
“Madhabs are hard to explain to new converts,
therefore it is not practical.”
This is not the criteria for anything to be right or wrong.
Suppose a concept is hard to explain to a group of
people, does it mean that the concept must be trashed
like some groups think? No, the hard to explain excuse is
only existant from the perspective of the beholder. It
might not be as hard if the opposite view is also
explained. It must be borne in the minds of the muslims
(and anyone who is interested in learning Islam) that the
presence of 4 different madhabs have made the practice
of Islam easy for the people. A person is not expected to
practice on the legal deductions of all the madhabs at
the same time but he can choose any one madhab which
is easy for him and practice on it. How can this be hard?
Actually it is easier than practicing on something where
there is no option.
5th Objection
Mr Phillips writes on page 7, “However, some of the

differences from one school to another are
perplexing for the new Muslim convert. For
example, common sense tells him that one cannot
be in a state of Wudoo while being out of it at the
same time. But according to one Madh-hab, certain
acts break Wudoo, while according to another
Madh-hab those same acts do not. How can a given
act be both allowable (Halaal) and forbidden
(Haraam) at the same time.”
The deductions of Islamic law was take from various sources,

namely, the Quran, the Sunna, The Ijmaa of sahaba, The
individual Opinion of sahaba, The companions of Madina and
Qiyas. In all these sources there are different kinds of
evidences in the form of explicit, implicit, clear , vague,
general, specific, absolute, restricted, abrogated and so forth.
Then there are various strengths of narrations together with
all the cases listed above. All of these were compressed by the
mujtahids in setting up the usul of their Ijtihads. Let us study
a situation to understand the principle of application. There
are people so naïve to think that laws must be applied as a
blanket application.
A jurist looks at a situation and arrives at a judgement after

going through a number of evidences and principles. If the set
of principles employed by a jurist is different from the other
jurist then obviously the rulings will be different. Having
understood that if a person expects all the jurists to arrive at
the same ruling in all Islamic matters is very naïve and
unrealistic. It must be understood that the differences are in
matters which are known through Zanniyaat (sometimes
with multiple meanings and sometimes unclear, figurative
texts). There are no differences in the basic, foundational
commandments. The obligation to pray 5 times daily, the
declaration of shahada (witnessing of faith), the fasting in the
month of Ramdhan, the pilgrimage and the zakat are some
examples.
In cases of differences a person is supposed to follow the

rulings of a particular Mujtahid for the very reason that if he
decides to pick and choose from the different rulings what
will the criteria for his choice. The natural tendency is for the
person to pick the rulings which are the easiest and in doing
so the person has allowed his ego to decide for him the
matters of deen. If on the other hand he thinks that the
Mujtahids made a mistake then the person is claiming
capacity to do absolute Ijtihad which is complete non-sense.
If the jurists rule a matter and they arrive at different rulings

it is perfectly understood in the light of the above
information. To shed more light on the matter we will look at
the hadith of the prophet.
We say that 2 or more mujtahids can differ yet all can be

correct based on the hadith of Sahih Bukhari.
Imam Bukhari in his Sahih, Book of War-

Expedition, Chapter 32, 3rd hadith of the chapter
reports….
Ibn Umar said, the prophet said on the day of Ahzaab: “No
one among you prays Àsr except at Banu Quraida”. They
encountered the time for Asr salat on the way, some said we
will not pray until we reach there (Banu Quraida) while some
said but we will pray Asr as it wasn’t meant from us that way
(it wasn’t prohibited). The matter was mentioned to the
prophet and he did not scold any of them.
On the same issue one group of companions thought it was

permissible to pray before reaching Banu Quraida and the
other group who did not pray thought that they were
prohibited from praying until reaching Banu Quraida. The
same situation and the companions had 2 different ruling. To
one it was permissible but to the other it was prohibited. The
matter was mentioned to the prophet and he did not scold
any of them. Why can’t the rulings of two Mujtahid’s be
different and yet both accepted?
Another evident example to clarify that there can be more

than one method of doing the same act is the people praying
salat in masjid al-Haraam. They are standing on the 4 sides of
the Kaba opposite to each other. Can they say to each other
than your salat is not accepted because you are standing
opposite to me? Absolutely no, even though there are 4 ways
of standing, their salat is accepted because they are all
following the command to “turn your face in the direction of
the Qibla”. Mr Phillips is putting 2 acts against each other to
prove his inability to understand the beauty of Islamic
principles and wisdom, here Allahu ta’ala has given 4 acts
contradicting each other yet all fully acceptable. The 4
madhabs are a synonymous of this example.
6th Objection
How can you follow the ijtihad of the Mujtahid who
has erred?
Imam Bukhari in his sahih, Book of holding on to the
Quran and Sunna, chapter 21, brings the hadith.
ُ‫ػٓ ػّشو ثٓ اٌؼبص ؤٔٗ مسغ سعىي اهلل طًٍ اهلل ػٍُٗ وعٍُ َمىي إرا دى‬
‫احلبوُ فبجزهذ مث ؤطبة فٍٗ ؤجشاْ وإرا دىُ فبجزهذ مث ؤخـإ فٍٗ ؤجش‬
The prophet said, “Iza hakamal hakimu fa-(i) jtahada
summa asaba falahu ajrani wa iza hakama fa- jtahada
summa akhta-a fa lahu ajrun.” When a Mujtahid deduces a
legal ruling (hukm) and hits (the correct ruling) for him is 2
rewards and when he deduces and misses (the correct ruling)
for him is 1 reward.
Both the Mujtahid’s are rewarded but to decide who is right

and who is wrong is the decision of Allah and not on the ones
who are less than the caliber of Mujtahid themselves.
We say that the mujtahids can make mistakes in their

deductions but according to the prophet the mistakes (in this
case) is also the mercy of Allah.
The question is that why does Allahu ta’ala give reward on the
wrong ruling? The mujtahid who passed the judgement did it
in good trust and good intention. He did not think that the
ruling was wrong because if he knew that it was wrong why
would he rule like that in the first place? The decision of
whose deduction is right and whose is wrong is in the
knowledge of Allah and not on the people to decide. The
people trust the mujtahid and act on the ruling and Allahu
ta’ala will give reward according to your intention just like HE
rewarded both the mujtahids; the one who was right in the
sight of Allah and also to the one who erred in the sight of
Allah. The main focus in this matter is that Allahu ta’ala will
decide on the day of Judgement who was right and who was
not and it is not the matter to be decided by the non-
mujtahids like so many rampant today.
7th Objection
Pg 57 „Evolution of Fiqh‟ states “The few Hadeeths
which these Iraqi scholars considered accurate
were only accepted after the fulfillment of very
strict conditions. The natural result of this
development was that the Iraqi school of thought
and its scholars depended more on reason and
logic than on the narrated Sunnah of the Prophet.”
On page 74 Mr Bilal Phillips writes…. “That is,

Ijmaa‟ of the Sahaabah was given precedence over
the personal opinions of Abu Haneefah and his
students in their deduction of Islamic law.”
It must be clear to the readers that the hadith of the prophet

(in its technical sense) and the ijmaa are two technical terms
but they exist in the same form as hadith. How is it possible
that Imam Abu Hanifa did not have authentic hadiths and yet
the ijma of the sahaba was available to him? Don’t both of
these reports reach through the same type of transmission? If
he mostly used his opinion then it means that most of the
hadith did not reach him and also the ijma of sahaba must
not reach him, likewise. But it looks as if the ijmaa reached
him and not the hadith – pretty absurd logic.
Then the next point is that if he preferred ijma over opinion

than why is the accusation that his madhab is based on
opinion? He must not be called ‘Ahlur- Rayi’ but ‘Ahlul
Ijmaa”.
Thirdly, how can the hadith reaching the Kufans were mostly
unauthentic and the ijma reports that reached them were
authentic? Since both these reports reach through the same
way of transmission, both must be mostly sound or both must
be mostly unsound. The defamers of madhabs have divided
the hadith and ijma reports making one unauthentic and the
other authentic.
The fact of the matter is that Imam Abu Hanifa followed a

principle for deducing the legal ruling. Imam Abu Hanifa
chose the Quran over Hadith (based on the clarity of the
subject discussed) then he chose the hadith over the ijma and
finally he chose the ijma over opinion. If any matter was
settled at a higher source than he did not resort to a lesser
source. This is a sound principle based on the hadith of Muaz
bin Jabal below.
This hadeeth has been reported in Sunan Tirmidhi

– Kitab al-Ahkaam , hadith number 1327 and
Sunan Abu Dawood, Kitab al-Aqziyatu , hadith
number 3592.
The Prophet (sallallaahu àlayhi wa sallam) sent Muàadh

(radiyallaahu ànhu) to Yemen and asked him: "How will you
judge the cases?" He replied: "I will judge according to the
Book of Allaah". "But if you do not get anything there, what
will you do?" the Prophet (sallallaahu àlayhi wa sallam)
asked. He said: "I will refer to the sunnah of the Prophet
(sallallaahu àlayhi wa sallam)". "But if you do not get it even
there, what will you do?" the Prophet (sallallaahu àlayhi wa
sallam) asked again. He replied: "Ajtahidu RaYii- I will
exercise my judgment." Hearing this, the Prophet (sallallaahu
àlayhi wa sallam) patted Muàadh (radiyallaahu ànhu) on
the shoulder and said: "Praise be to Allaah who has guided the
Messenger of His Messenger to what pleases His Messenger."
8th Objection
Pg 127 “Evolution of Fiqh “….In fact, when the
„Abbaasid Caliph Abu Ja‟far al- Mansoor (reign 759-
755 CE) and Haroon ar-Rasheed (reign 786-809
CE) requested that Maalik allow them to make this
collection of Hadeeths, called al-Muwatta‟, the
official authority in the state on the Sunnah, he
refused on both occasions, pointing out that the
Sahaabah had scattered throughout the land and
had left behind many Hadeeths not found in his
collection. Thus, Maalik turned down the
opportunity to have his Madh-hab made the official
Madhhab of the Islamic state and in so doing, he
set an example that others might have been wise
to follow.
Imam Malik did not want his books to be enforced on the

whole of Arabia since Imam Malik knew that one madhab
cannot be binding upon the people due to the unavailability
of all the hadith in one place. This was the situation of hadith
availability 1200 years ago. Later in the book the author is
proposing that there should be a single madhab since now
they have all the hadith available in their hands. Do they
know how many hadith existed at that time and how many we
have available now? We will address this question later on,
separately. Look at 11th Objection for full explanation. At
present the concept (single madhab) which Mr Bilal Phillips is
nullifying, he goes on to enforce the same in the form of
unifying the madhabs based on flawed logic.
9th Objection
Pg 126 „Evolution of Fiqh‟…. The Imaam (Abu
Hanifa) was reported by his student Zufar to have
said, “It is forbidden for anyone who does not know
my proofs to make a ruling according to my
statements, for verily we are only humans we may
say something‟s today and reject it tomorrow.”
Pg 127 „Evolution of Fiqh‟…… Ibn „Abdul-Barr

reported that Maalik once said, “Verily I am only a
man, I err and am at times correct; so thoroughly
investigate my opinions, them take whatever
agrees with the Book and the Sunnah, and reject
whatever contradicts them.”
Pg 128 „Evolution of Fiqh‟ …The Imaam (Shafii)

also stressed a very important point concerning
personal opinion versus the Sunnah. He said, “The
Muslims (of my time) were of a unanimous opinion
that one who comes across an authentic Sunnah of
Allaah‟s messenger (s.w.) is not allowed to
disregard it in favor of someone else‟s opinion.”
The truth of the matter is that no one denies the sayings of

the blessed Imams but the problem is that of understanding.
To whom were these Imams addressing? To common
Muslims like us who don’t even know the fundamentals of
Faith or to their students who were also mujtahids in their
own rights. It is a duty of a mujtahid to follow the sources
directly. These statements are not applicable for the one who
has not reached the grade of ijtihad. A mujtahid is higher in
caliber than several Phd professors who had had done thesis
on every concept of Islam. How can this be compared to a
common Muslim? This would be sheer ignorance. Again the
statements are misquoted by the deniers of madhabs to
confuse the simple Muslims.
10th Objection
Mr Bilal Phillips writes on pg 70 “The Sunnah in its
entirety was also collected and recorded in books of
Hadeeth by the end of this stage.”
This statement is meant to indicate that the scholars of today

can do ijtihad in all matters themselves because all the Sunna
is recorded.
Even if it is believed that the Sunna was recorded in its

entirety which is highly unlikely due to the hadith of sahih
Bukhari mentioned below.
Sahih Bukhari – Beginning of Creation
ٍُ‫ لَب َ فَُِِٕب إٌَّجٍُِّ طٍٍ اهلل ػٍُٗ وآٌٗ وع‬: ُ‫ػَِٓ ػُ َّشَ سػٍ اهلل ػٕٗ َ ُمىِي‬
ِ‫خٍْكِ دَزٍَّ َدخًََ ؤًَُِ٘ اٌْجََّٕخِ ََِٕبصٌَِهُُِ وَؤًَُِ٘ إٌَّبس‬
َ ٌْ‫ فََإخَِجشََٔب ػَِٓ ثَذِءِ ا‬،‫َِمَبِّب‬
َُُِٗ‫ظ رٌَِکَ َِِٓ َدفِظَُٗ ؤََغَُُِٗ َِِٓ َٔغ‬
َ ِ‫ َدف‬،ُُِ‫ََِٕبصٌَِه‬.
The companion Umar said: “the prophet stood amongst us and
told us everything from the beginning of creation up until the
time when the people of paradise will enter paradise and the
people of hell will enter hell. Whoever memorized it (that
much) was saved and whoever forgot it that (much) was
forgotten.”
Sahih Muslim - Kitab Al-Fitan wa Ashrat As-Saàh
‫طٍٍَّ ثَِٕب سَ ُعىِيُ اهللِ طٍٍ اهلل‬

َ : َ‫ػَِٓ ػَ ِّشِو ثِِٓ َؤخِـَتَ سػٍ اهلل ػٕٗ لَبي‬
َ‫ فََٕضَي‬،ُ‫ؼشَدِ اٌ ّظُ ِهش‬
َ َ‫طؼِذَ إٌَِِّْجشَ فَخَـَجََٕب دَزٍَّ د‬
َ َ‫ و‬.َ‫جش‬
ِ َ‫ػٍُٗ وآٌٗ وعٍُ اٌْف‬
َ‫طؼِذ‬
َ َُّ ُ‫ظٍٍَّ ث‬
َ َ‫ ثَُُّ َٔضَيَ ف‬،ُ‫ظش‬
ِ َ‫ؼشَدِ اٌْؼ‬
َ َ‫ فَخَـَجََٕب دَزٍَّ د‬.َ‫طؼِذَ إٌَِِّْجش‬
َ َُُّ‫ظٍٍَّ ث‬
َ َ‫ف‬
: َ‫ فََإخَِجشََٔب ثَِّب کَبَْ وَثَِّب ُ٘ىَ کَئِْٓ لَبي‬،ُ‫ فَخَـَجََٕب دَزٍَّ َغشََثذِ اٌشَّ ِّظ‬.َ‫إٌَِِّْجش‬
‫فَإَ ِػٍََُّٕب َؤ ِدفَظَُٕب‬
Amr b. Akhtab reported: Allah's Messenger led us in the dawn

prayer and then mounted the pulpit and addressed us until it
was (time for the) noon prayer. He then came down the pulpit
and observed prayer and then again mounted the pulpit and
again addressed us until it was time for the 'Asr prayer. He
then again came down and observed the prayer and again
mounted the pulpit and addressed us until the sun was set.
He informed us about everything that had happened in the
past and what will happen in the future. The most learned of
us is the one who saved the most information.”
Is it humanely possible that whatever the prophet said from

Dawn until dusk was memorized by the companions?
Just for the sake of argument if we believe that all Sunna were
recorded then the next question is that: did all of those
recording reach us? It is a natural phenomenon that the
original writings will decrease as they get destroyed but the
new writings will emerge. It is clearly explained by this
example ,that suppose 1000 years from today there were 1000
books on Islamic subjects. What are the chances that those
same 1000 books are available today? Maybe 100 will survive
the onslaught of time. But it is very much possible that today
there are 1 000 000 books on Islamic subjects. What would
you call that? An increase of knowledge or the decrease of
knowledge! The contemporary knowledge increased but the
original knowledge was not transmitted fully to the
succeeding generations.
Where are all the hadith that were recorded? Even Imam
Bukhari’s entire knowledge of hadith is not available today let
alone all the hadith of the prophet. How can a person do
absolute ijtihad in such a case?
11th Objection
On pg 74 Mr Bilal Phillips writes,” In Hanafi
madhab a sahih hadith is not enough to be taken
as a legal proof because the sahih hadith has to be
mashoor hadith in order to be taken as proof.”
On the same page Mr Bilal Phillips again writes
that “Imam Abu Hanifa took ijma as proof over his
own opinion.”
How is it possible that Imam Abu Hanifa is rejecting sahih
hadith as proof and at the same time he is taking ijma over his
opinion as proof? Is Sahih hadith of the prophet greater than
ijma or is ijma greater than sahih hadith? Mr Phillips is
twisting things around to degrade the principles adopted by
the Imams. Imam Abu Hanifa never rejected any sahih hadith
of the prophet. How can he when he is taking even the ijma or
a single statement of a sahabi in the absence of ijma? The
mutawatir hadiths were given the same legal status as the
verse of the Quran in terms of its reliability called Qati-yaat.
All it means is that whatever ruling can be derived by the
verse of the Quran if it is clear in evidence (Suboot) the same
ruling will be derived by the mutawatir hadith if it is clear in
evidence (suboot). The sahih hadith which is less than
mutawatir called ahad will not carry the same legal position.
Why is Mr Phillips twisting the principles of Hanafi Fiqh to
prove is agenda?
12th Objection
On page 74 , Mr Phillips writes , “ Imam Abu Hanifa
chose one opinion of the sahaba if there were many
opinions on the subject and in the absence of Ijma
of sahaba on the subject.”
On page 51 of the book he writes…”Only one Madh-
hab existed during the period of the Righreous
Caliphs.
On page 80, Mr Phillips again writes,” Imaam
Maalik gave full weight to the opinions of the
Sahaabha, whether they were conflicting or in
agreement, and included them in his book of
Hadeeth, al-Muwatta‟.
Then on page 141 Mr Bilal Phillips says that “Ibn

al-Qaasim, who was among the main students of
Imaam Maalik, said, “I heard Maalik and al-Layth
both say the following concerning the differences
among the Sahaabah: „People say there is leeway
for them in it, but it is not so; it was a case of
wrong and right rulings.”
If Mr Phillips is correct that all the companions followed a

single madhab then how is it possible that there were many
opinions of the companions for Imam Abu Hanifa to choose
from? Where did Imam Malik get the conflicting opinions of
the companions since according to Mr Bilal Phillips there was
one madhab at the time of the 4 Khulafa Rashideen?
And why did Imam Malik gather all the conflicting opinions
of the sahaba in his al-Muwatta and gave them full weight if it
was a matter of right and wrong? He should have gathered
only the right opinions and given them full weight. Why did
he also give full weight to wrong opinions of the companions
as per page 141 of Mr Bilal Phillip’s book? According to Mr
Bilal Phillips disagreement is not mercy and is wrong.
When people start to make their ideologies from isolated

statements they deviate grossly from the truth. All these
contradictions in the meaning is due to selective statements
by Mr Bilal Phillips trying to prove that different opinions are
division which is totally incorrect according to the evidences I
have presented (by the grace of Allah).
This proves that there were many opinions of the companions

available on the same subject as Imam Abu Hanifa and all
other Imams had the knowledge of them.
13th Objection
On page 72 Mr Phillips writes, Imam Abu Hanifa
studied for 18 years under his teacher Hammad bin
zayd who was the greatest scholar of hadith of his
time.”
On page 75 Mr Phillips writes,” Iraqi scholars had
few hadith due to less number of sahaba in Iraq.”
First of all Imam Abu Hanifa was not the student of Hammad
bin Zayd but he was the student of Hammad bin Abu
Sulemaan. Imam Hammad Bin Zayd was the student of Imam
Abu Hanifa and was among the trusted Hafiz of Hadith of his
time.
Secondly Imam Abu Hanifa himself is the one who for the
first time codified the knowledge of fiqh so he must have
learn fiqh from Hammad bin Abu Sulemaan in the form of
hadith of the prophet.
Imam Abu Hanifa studied under Imam Hammad bin Abu

Sulemann, he studied hadith from him. If there were few
hadith in Iraq then how come it took Imam Hammad 18 years
to teach him only a few hadith? It shows that there was a
huge compilation of hadith with the Iraqi scholars and Mr
Phillips is contradicting himself.
14th Objection
On page 103 Mr Phillips writes, „the hadith were
complied after the 4 madhabs.‟
Here Mr Phillips is implying that since the hadith were
compiled later the madhabs did not have access to all the
hadith.
This is completely incorrect. Imam Malik who is the founder

of Maliki madhab himself compiled the book of hadith called
“al-Muwatta”, Musannaf Abdur-Razzaq, Ibn Shaiba
(d. 319) , Ibn al-Mundir (d.319), Musnad Ahmad bin
Hanbal, over 80 Musnads have been mentioned by
Kattani in his book ar-Risalah al-Mustatrafah. Pg
86 M.M.Azami in Studies in hadith methodology
and Literature.
Secondly, the Imams who compiled the hadith did not hear
them directly from the prophet. It was transmitted to them
through chains. The scholars who were the narrators of these
hadith were the taba-een and the atba-taba-een and they were
present at the time of the Imams of Fiqh also. Therefore the
hadith itself was present in the time of the 4 Imams of Fiqh
but it was compiled later. How does compilation of hadith at
a later time affect the usage of those same hadith before the
compilation? In fact, the Imams of Fiqh had the same hadith
through a shorter chain than the Imams who compiled the
hadith because the Imams of hadith came at a later
generation. Therefore the rulings of the Imams of fiqh carry
more weight due to their nearness to the companions.
15th Objection
On page 104 Mr Phillips writes,”The Imams of Fiqh
based some of their rulings on weak hadith. For
example Imam Ahmad bin Hambal ruled that
vomiting breaks wudoo and the hadith of Ibn Majah
on this subject is daif.”
This is like matching apples to oranges. Did Imam Ahmad Bin
Hanbal say that he used the hadith of Ibn Majah to derieve
the ruling? Imam Ibn Majah came after Imam Ahmad bin
Hambal. Why does Imam Ahmad need the hadith of Ibn
Majah? Even if Imam Ahmad used the same text of hadith for
his ruling, he did not have the chain of Ibn Majah. Imam
Ahmad will have his own chain because he is before Ibn
Majah. Why does the weak chain of Ibn Majah even affect
Imam Ahmad’s ruling?
Secondly, does the weak chain of any narration means that
there is no other chain available? Who arrived at this
conclusion? Weak chain means the weakness of that specific
chain only, not the weakness of Matn (text) so another chain
which is stronger will remove the weakness from the weak
narration.
16th Objection
Mr Bilal Phillips writes on page 73,” Because of
their leaning towards hypothetical Fiqh which
often introduced an issue with the question, “what
if so and so happened?”, they became known as
the what-iffers or Ahl ar-Ra‟I (the opinion people).”
It must be clearly understood that the ahl ar-Rai technically

means the people of opinion but the practical meaning of the
term means the mujtahids who used their opinions in
obtaining Qiyas as a means in deriving ruling in the absence
of a specific textual proof. But the “what-iffers” is not
synonymous to ahlul Rai and this proves an internal
opposition towards the subject in question.
Allahu ta’ala says in the Quran (49:11)
ِ‫وٌََب رََٕبَثضُوا ثِبٌْإٌَْمَبة‬
And do not call (others) by (offensive) nick-names.

In the same verse (49:11) Allah says …
َْ‫خشِ لَى‬
َ ِ‫ٌَب َغ‬
Do not ridicule (mock) another group.
According to Collins English Dictionary – Complete and

Unabridged © HarperCollins Publishers 1991, 1994, 1998,
2000, 2003….Mockery means
“a derisive action or comment”. According to thesaurus -
mockery - a composition that imitates or misrepresents
somebody's style, usually in a humorous way.
Does Allahu ta’ala use hypothetical questions to guide us?
The Quran in (67:20). Is there anyone that can muster an

army to help you against the Kind Lord?
The Quran in (67:21). Is there anyone that can provide

sustenance if Allah hold it back?
The answer to both these questions is “no”. These are

situations which have not happened, yet Allahu ta’ala is
mentioning them to provide a serious thought upon the
consequenses of such thoughts. The warning is supposed to
guide us. Here the hypothetical situations are used as a tool of
guidance.
Likewise, the hypothetical situations created by Fiqh scholars
are meant to provide us with ready-solution in the event of
such incident. This is the greatness of the in-sight of such
great scholars. You go to a doctor who treats your sickness
with medication, a new sickness appears for which he does
not have a medicine. Suppose a doctor who has prepared
medication for all sickness before the advent of it. Will you
criticize his knowledge or recognize his efforts and
contribution? We have to clear our minds off hostile thoughts
against our well-wishers.
17th Objection
On page 115 Mr Phillips writes „The schools of Fiqh
were completely formed and the minutest of
details worked out. The laws for what had
occurred, as well as what might occur, were already
deduced and recorded due to the extensive
development of speculative Fiqh. This left little
room for Ijtihaad and originality. As a result,
they‟re developed and over dependence on the
works of earlier scholars of the Madhhabs”.
It must be understood that even though the scholars of later

period depended greatly on the work of the earlier scholars it
does not mean that there was no work left for them. If
someone thinks like that, his thinking must not be used as a
pretext to nullify the contribution of the ingenious scholars.
The truth of the matter is that “the lame” use this argument
for their idle mentality and the deniers use it to break the link
of the umma with their past rich-understanding of Islam. The
pro-active, dynamic scholars of Islam who understood
matters in all its perspectives and comprehensiveness never
denied the madhabs and never set idle. There are and will be
numerous issues faced by the umma at present and in times
to come. They are ready to pounce on the matter and present
solution to the suffering Muslims. They don’t start cutting
their own roots but get all their water, minerals and energy
from it.
They did ijtihad at the level of mujtahid fil mas’ala using
the usul and methods of their Imams in novel situations.
18th Objection
Mr Phillips writes on page 115,”Some unqualified
individuals began to claim the right to make
ijtihaad in order to twist the religion to suit their
wishes. Consequently, many incompetent scholars
began making rulings, which misguided the masses
on a number of issues. In the ensuring confusion,
the reputable scholars of the day tried to close
the door of Ijtihaad in order to protect the
Sharee‟ah from being tampered with.”
Phillips then mentions names like Jamal ad-Deen Aghani,

Muhammed Abduh and Rasid Rida who opposed taqleed and
favoured independent ijtihad.
The point is that, those who opposed Taqleed at any time in

history used the slogan of ‘return to sunna.’ The slogan was
apparently true but the motives behind were misleading.
These people despite the apparent slogan misguided the
masses as proven by Mr Phillips own quotation. My concern is
that Mr Phillips and Party also call for the ‘return to sunna’
and ijtihad and unification of madhab: what is the difference
between them and him? Who will draw the line and where
will the line be drawn? How do the masses know that Mr
Phillips is not misguiding them also? According to Mr Phillips
and Party’s own definition of taqleed, if we accept Mr Phillips
writings (with all the contradiction and misleading
information which I have already proven by Allah’s Help) on
the face value we are also doing his taqleed. And if we dig the
matter we will see that all groups who never belonged to the
majority of muslims, whom the prophet gave glad-tidings of
Allah’s Protection against misguidance, they flew the flag
against madhabs always caused fitna and disturbance in the
umma. At this juncture Mr Phillips would want us to do his
taqleed and just accept his writing with all the ideological
contradiction that it contains.
Those who claimed full ijtihad with the slogan of Quran and
Sunna without the qualification of the Mujtahid as outlined in
the earlier pages and with Bukhari and Muslim Slogan had to
end up following their whimps and desires. Naturally enough
the exponents of Taqleed did not do taqleed of the Mujtahids
but ended up doing taqleed of their ego in the absence of
above qualifications.
19th Objection
On page 118 Mr Phillips writes that Imam
Shawkani said that Taqleed is haram.
The blanket statement means that Ijtihad is fard for everyone.
Is it possible that every Muslim can do ijtihad having all the
required qualifications? What would that do to Mr Phillips
one madhab ideology because the number of madhabs would
be same as the number of people doing ijtihad? Not 4, but
millions.
The mujtahid al-Mutlaq does ijtihad because he is capable

and he cannot do taqleed to another. Those who are not
capable it is necessary to do taqleed of the Mujtahid and this
cannot be haram as proven throughout this booklet. Their
understanding of taqleed is false and their cover-up is foolish.
For example: a witness in front of Judge giving his statement.
The witness is himself the proof for the case at hand but what
is the proof that the witness is a true witness. The witness
takes an oath and the Judge accepts it. The acceptance of
witness upon oath is not a true evidence but a trust only.
Anti-Madhabs does not include this under taqleed even
though the fits the exact definition and description. Why is
the cover-up in case of following the Imams when the people
follow the Imam based on the trust of the Imam’s
Scholarship? If trust was the base of acceptability in the case
of witness why not in the case of those who uphold the trust
of Islam in the form of understanding Quran and Sunna?
This is the correct explanation of the matter free from all
biasness.
20th Objection
On page 122 Mr Phillips writes, „The four Madh-
habs became totally incompatible and the Muslim
Ummah was virtually split into four religious
sects.‟
This is another cover-up. The adherents of the 4 madhabs

never considered each other to be from different sects but
considered themselves to be from Ahlus Sunna wal
Jama‟a. The prophet mentioned 73 divisions in the umma as
mentioned from the hadith in the earlier pages. If Fiqh was
the reason for division and there are 4 surviving fiqh madhabs
then the hadith will become misleading. There has to 73
madhabs for the sects to be formed, all told.
The sects are not the madhabs of fiqh but the sects are
(deviated) off-shoots of the umma who have aqeeda (belief)
different from the biggest group (Al Sawad al Azam). And
these are the Rafizi-shia, Mutazila, Qadriyya, Khawarij,
Wahabis or pseudo-salafis just to name a few. They all
declared the biggest group of Muslims to be non-muslims.
21st Objection
On page 125 Mr Phillips writes , „ Little do they
realize that their preference of their Imaam‟s
opinion over the Prophet‟s (s.w.) statement is itself
in total opposition to the stand taken by their own
Imaam, and is in fact bordering on a form of Shirk
known as “Shirk fee Tawheed al-Ittibaa.‟
Mr Bilal Phillips and his party are in the habit of flashing

striking statements to prove their inability to understand time
and again. Here he accuses the majority of the Muslims, the
scholars included, to indulge in shirk since 1100 years. This
fact is enough to raise a flag upon his concept of shirk and his
meek understanding of Islam.
The presence of a hadith is the only criteria for ijtihad or the
precedence of Quran over hadith or the application of nasik
and mansuk, the muqqad and mutaq, khass and Aam , Asbab
al-Nuzul and so on. Why is he not mentioning these things in
its proper perspective? If the previous scholars did not have
the hadith and we do now, the anti-madhabs must not even
consider that hadith to be a hadith since the isnaad (chain)
would have to be from the previous generation who is being
labelled as mushrik by the anti-madhabs ( due to their
taqleed to Imams).
22nd Objection
The unification of the Madhabs!
The clarification of the above statement is synonymous to the

claim that we now know more than Imam Abu Hanifa, Imam
Malik, Imam Shafii and Imam Ahmad bin Hambal combined.
Based on what grounds?? Based on the fact that now we have
with us some 5635(*) sahih hadith of Bukhari and Muslim!
This claim was better suited for Imam Bukhari himself who
knew 100,000 sahih hadith while the 4 madhabs had been
formed in his time also. He never spoke of unifying madhabs.
I think that madhabs must really unite their efforts to crush
the fitna caused by the small sects today and tomorrow.
(*) According to M.M.Azami in Studies in Hadith Methodology

and Literature… “The number of hadith in his book (bukhari)
is 9082 but without repetition it goes down to 2602. This
number does not include ahadith mauqufah and the sayings
of successors - Pg 89. According to the numbering of
Muhammad Fuwad Abdul Baqi of Sahih Muslim, it contains
3033 ahadith. His method of numbering is not based on isnad
system -Pg 96.
Allahu ta’ala in his ultimate wisdom has protected Islam in

the form of preserving the Quran. The majority of the
Muslims being misguided at any time in history would be the
denial of Allah ta’ala’s promise. The scholars of previous have
contributed at such expanse that the denial will only raise the
curtains of the conspirators. Such is the value of their work in
the sight of Allah.
May Allah keep their honor in our hearts just as their work
had been honored by the pages of Islamic History! They
were the great followers of the greatest prophet. May
Allah unite us with them in His presence just as HE has
united the umma upon their teachings! May Allah bless
us through the light of the Prophet, forever! Ameen!
Abu-Maryam Ilyas Shareef in Shawwal 27 , 1431 (2010)

Refutation of The Evolution of Fiqh of MR Bilal Phillips

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REFUTATION

Student of Shaykh-ul-Islam Muhammad Tahir al-

I dedicate this book to such a teacher, who attained from the

The fountain of knowledge inherited by him is too numerous

May Allah join me with Shaykh-ul-Islam Muhammed Tahir al-

I would like to thank Imam Mustafa Sammour: BA Islamic

Islam is the deen of Allah for the guidance of humanity. It has

Allahu ta’ala has taught us in the Quran (1:5)

A little insight within this verse reveals a serious message. A

Humility and humbleness in the presence of Allah is a virtue

The Quran and the Sunna are theoratical teachings of Islam.

The concept that each generation teaches the next is the

Imam al-Tirmidhi reported in his Jami-us-Sahih,

Having explained the concept above I would like to explain

َِِّٓ‫َششَعَ ٌَىُُ َِّٓ اٌذ‬

And also in these words (Quran 45:18)

ٍ‫ثَُُّ َج َؼٍَْٕبنَ َػًٍَٰ َششَِؼَخ‬

The Quran mentions this deeper understanding in the verse

The Significance of Fiqh

In Sahih Bukhari , the book of Ilm

Chapter: َٓ‫ِٓ َشد اهلل ثٗ خريا َفمهٗ يف اٌذ‬

The prophet said,” When Allah wants goodness for someone He

In the above hadith there are some important indications that

Sahih Muslim - Book – Qualities of the Hypocrites and

Tirmidhi – the book of Manaqib

– Chapter the Manaqib of Ali Bin Abi Talib Hadith # 3715.

Non-believers came to the Holy Prophet and said “some of

Relationship between FIQH and the

‫طٍُهَب ثَبِثذْ وََفشِ ُػهَب‬

ُُِ‫ؼشِةُ اٌٍَّـُٗ اٌَْإِِثَبيَ ٌٍَِّٕبطِ ٌَؼٍََّه‬

Look at the sequence, if the sequence is changed in any way

How does this tree relate to Islam?

FIQH IS THE UNDERSTANDING OF THE ISLAM AND THE

The final revelation revealed to the Holy Prophet Muhammed

َ‫رٌَِٰهَ اٌْىِزَبةُ ٌَب سََِتَ ۖ فُِِٗ ۖ ُ٘ذّي ٌٍَُِّّّْزمِني‬

The Sunna is the words, deeds and approval of the prophet.

The Quran says in (4:80)

َٗ‫َِّٓ َُـِغِ اٌشَّعُىيَ َفمَذِ ؤَؿَبعَ اٌٍَّـ‬

The Quran says in ( 1:5)

In the above verse, Allah is teaching us a prayer for

ُِِ‫طشَاؽَ اٌَّزََِٓ ؤَِٔؼَ ِّذَ َػٍَُِه‬

In verse 6, Allahu ta’ala explains the path of guidance as the

Who are these people who got the favor of Allah?

The Quran says in (4:69)

The Quran says in (9:100)

In this verse, Allahu ta’ala is not only announcing His

Through the import of the above verses it is understood that

Qiyaas (deductive analogy)

While Qiyaas has been employed in Fiqh as a method of

A Comparison to warn People of their Misguidance!

The Quran says in (2:17)

The hypocrites – dressed as Muslims were enjoying the

ُِ‫جؼٍَُىَْ ؤَطَبِث َؼهُُِ فٍِ آرَأِه‬

The “pouring rain” means the verses of the Quran which

The Quran says in (2:26)

‫ؼشِةَ ََِثًٍب َِّب َثؼُىػَخً فََّب َفىَِلهَب ۚ فَإََِّب اٌَّزََِٓ إَُِٓىا‬

To pay heed to comparison and derive lesson from it is the

A comparison for explaining multiplication of rewards

The Quran says in (2:261).

There are numerous examples given by Allah in the Quran.

Words of Ibn Salah is below.

The Mufti Sahaba