Dought & clear, - (Manners of Seeking Knowledge), - Brief overview of the madhhab of Imam Abu Haneefah

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We hope that you could give us a brief overview of Imam Abu Haneefah and his madhhab, because I hear some people criticizing this madhhab because he relies too much on qiyaas (analogy) and ra’y (opinion).
Praise be to Allaah.
Imam Abu Haneefah is the great faqeeh and scholar of Iraq, Abu Haneefah al-Nu’maan ibn Thaabit al-Taymi al-Kufi. He was born in the year 80 AH, during the lifetime of some of the younger Sahaabah and saw Anas ibn Maalik when he came to them in Kufa. He narrated from ‘Ata’ ibn Abi Rabaah, who was his greatest Shaykh, and from al-Shu’bi and many others.
He was concerned with seeking reports and he traveled for that purpose. With regard to fiqh and examining and analyzing reports, he was the ultimate and people depended on him in that, as Imam al-Dhahabi said: “It would take two volumes to tell the story of his life, may Allaah be pleased with him and have mercy on him.”
He was an imam who was eloquent and well spoken. His student Abu Yoosuf described him as follows: “He was the most well-spoken of the people and the most clear in expressing himself. He was pious and very protective with regard to transgression of the sacred limits of Allaah. He was offered worldly gains and a great deal of wealth, but he turned his back on it. He was whipped to force him to accept the position of judge or controller of the bayt al-maal (treasury of the Islamic state) but he refused.
Many people narrated reports from him, and he died as a martyr of dropsy in 150 AH at the age of seventy. (Siyar A’laam al-Nubala’, 6/390-403;Usool al-Deen ‘inda al-Imam Abu Haneefah, p. 63).
The Hanafi madhhab is one of the four well-known madhhabs, and it was the first of the fiqhi madhhabs. It was said that “The people are dependent on Abu Haneefah with regard to fiqh.” The origin of the Hanafi madhhab and all the other madhhabs is that these four imams – I mean Abu Haneefah, Maalik, al-Shaafa’i and Ahmad – made the effort to understand the evidence of the Qur’aan and Sunnah, and they issued fatwas to people based on the evidence that had reached them. Then the followers of these imams took their fatwas and conveyed them and issued other fatwas based on them, and derived principles from them, and they set out guidelines for understanding the texts and reaching conclusions. Thus the fiqhi madhhab was formed, and the Hanafi, Shaafa’i, Maaliki and Hanbali madhhabs, and other madhhabs such as those of al-Awzaa’i and Sufyaan, but these latter madhhabs were not destined to continue.
As you can see, what these schools of fiqh are based on is following the Qur’aan and Sunnah.
With regard to the ra’y and qiyaas adopted by Imam Abu Haneefah, what this means is not opinion based on whims and desires, rather it is an opinion based on the evidence, or analogies, or following the general principles of sharee’ah. The salaf used to describe ijtihaad in difficult issues as ra’y (lit. opinion). Many of them used to say when commenting on a verse of the Book of Allaah, “This is my opinion (my ijtihaad) concerning it,” but that does not refer to opinion based on whims and desires, as stated above.
Imam Abu Haneefah followed ra’y and qiyaas a great deal in matters other than hudood punishments, expiations and other shar’i issues, and the reason for that is that he had fewer ahaadeeth at his disposal than other imams, because he came before the other imams and was very strict about accepting ahaadeeth, as false reports were so widespread in Iraq at that time and there was a great deal of tribulation.
It should be noted that not all the opinions and views of the Hanafi madhhab that is named after Imam Abu Haneefah are the words of Abu Haneefah himself, or can be correctly attributed to him. Many of those views go against what Imam Abu Haneefah himself said, but they were regarded as part of his madhhab because they were worked out according to the guidelines of the madhhab which is derived from the other texts of the imam. Similarly the Hanafi madhhab may adopt the view of a student of the imam such as Abu Yoosuf and Muhammad, and it also includes the ijtihaad of students of the imam, which subsequently became part of the madhhab. This does not apply only to the madhhab of Abu Haneefah, rather the same may be said of all the well-known madhhabs.
If it is said: If the four madhhabs are based on the Qur’aan and Sunnah, why do we find differences of opinion between them on matters of fiqh?
The answer is: Each imam issued fatwas on the basis of the evidence that reached him. A hadeeth may have reached Imam Maalik on the basis of which he issued fatwas, that did not reach Abu Haneefah, so he issued fatwas stating something different, and vice versa. Similarly a hadeeth may have reached Abu Haneefah with a saheeh isnaad so he issued fatwas on that basis, and the same hadeeth may have reached Imam al-Shaafa’i with a different isnaad that was da’eef (weak), so he did not issue fatwas based on it, or he may have issued a fatwa saying something that went against the hadeeth based on the conclusion he reached. This is why differences arose among the scholars, but ultimately the point of reference is the Qur’aan and Sunnah.
In fact, Imam Abu Haneefah and other imams followed the texts of the Qur’aan and Sunnah, even if some of their fatwas were not based on that, the reason being that all four imams stated that if a hadeeth was saheeh, then that was their madhhab, that is what they followed, on what they based their fatwas and from what they derived their evidence.
Imam Abu Haneefah said: “If the hadeeth is saheeh then that is my madhhab.” And he said: “It is not permissible for anyone to follow what we say if they do not know where we got it from.” According to another report he said: “It is haraam for the one who does not know my evidence to issue a fatwa based on my words.” And according to another report he added: “We are human, we may say something today and retract it tomorrow.” And he said: “If I say something that goes against the Book of Allaah or the report of the Messenger (peace and blessings of Allaah be upon him), then ignore what I say.”
Imam Maalik (may Allaah have mercy on him) said: “I am only human, sometimes I make mistakes and sometimes I get things right. Look at my opinion and whatever is in accordance with the Qur’aan and Sunnah, take it, and whatever is not in accordance with the Qur’aan and Sunnah, ignore it.” And he said: “There is no one after the Prophet (peace and blessings of Allaah be upon him) whose words cannot be taken or left, apart from the Prophet (peace and blessings of Allaah be upon him).”
Imam al-Shaafa’i (may Allaah have mercy on him) said: “There is no one who will not be unaware of some of the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him). Whatever I say or whatever guidelines I establish, if there is a report from the Messenger of Allaah (peace and blessings of Allaah be upon him) which is different to what I said, then what matters is what the Messenger of Allaah (peace and blessings of Allaah be upon him) said, and that is my opinion.”
Imam Ahmad said: “Do not follow me blindly and do not follow Maalik or al-Shaafa’i or al-Awzaa’i or al-Thawri blindly. Learn from where they learned.” And he said: “The opinion of al-Awzaa’i and the opinion of Maalik and the opinion of Abu Haneefah are all mere conjecture and it is all the same to me. Rather evidence is to be found in the reports – i.e., in the shar’i evidence.”
This is a brief look at Imam Abu Haneefah (may Allaah have mercy on him) and his madhhab. In conclusion, the Muslim cannot but acknowledge the status and position of these imams, but that should not lead us to give precedence to their views over the Book of Allaah and the saheeh reports from the Messenger of Allaah (peace and blessings of Allaah be upon him), because in principle we should follow the Qur’aan and Sunnah and not the opinions of men; any man’s opinion may be taken or left, except the Messenger of Allaah (peace and blessings of Allaah be upon him),as Imam Maalik (may Allaah have mercy on him) said.

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Dought & clear, - (Manners of Seeking Knowledge), - Man teaching women Qur’aan memorization from behind a screen

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Is it permissible for a man to teach a group of women Qur’aan memorization in a private home, knowing that the husband of one of these women is with him and there is a screen between this teacher and these women? I hope that you can advise us and explain the shar’i evidence.
Praise be to Allaah.
Firstly:
It is better and safer for these women to look for a woman who can teach them Qur’aan memorization, whether in the home or in the mosque, because that is further removed from fitnah (temptation) and its causes. If that is not possible, but these woman can memorize Qur’aan using tapes or a computer and then check on one another, that is good, and it is better than sitting with a man in order to memorize.
If there is a need for this man to teach them, either because there is no female teacher or because he is good, and can teach them the rules of tajweed (correct recitation), then there is nothing wrong with that so long as attention is paid to the following guidelines:
1- He should teach them from behind a screen.
2- None of them should speak in a soft voice.
3- They should speak with the teacher only as much as is necessary.
4- The teacher should give up this job if he feels that his heart is inclined towards one of them or he enjoys the sound of the voice of one of them.
5- The teacher should be elderly, married and known for righteousness and piety.
It should be noted that the voice of a woman is not ‘awrah according to the more correct of the two scholarly opinions, so long as there is no softness of speech.
It says inKashshaaf al-Qinaa’(5/15), which is a Hanafi book: Her voice (i.e., the voice of a non-mahram woman) is not ‘awrah. It says inal-Furoo’and elsewhere: according to the more correct opinion, but it is haraam to enjoy listening to it even if she is reciting Qur’aan, for fear of fitnah. End quote.
It says inMughni al-Muhtaaj(4/210), which is a Shaafa’i book: The woman’s voice is not ‘awrah, and it is permissible to listen to it so long as there is no fear of fitnah. End quote.
It says inFataawa al-Lajnah al-Daa’imah(12/156):
Firstly: mixing between men and women in schools and elsewhere is a great evil which causes a great deal of damage to religious and worldly interests. So it is not permissible for a woman to study or work in a place where men and women mix, and it is not permissible for her guardian to allow her to do that.
Secondly:
It is not permissible for a man to teach a woman who is not wearing hijab, and it is not permissible for him to teach her when he is alone with her even if she is wearing proper shar’i hijab. In the presence of a non-mahram man, the entire woman is ‘awrah, and covering the head but showing the face is not full hijab.
Thirdly:
There is nothing wrong with a man teaching a woman from behind a screen in a school that is just for women, with no mixing between male and female students, or between the male teacher and the female teachers.
If you need to ask him questions, then it can be done via closed circuit TV, which is well known and widely available, or over the phone, but the students must beware of speaking softly or making their speech attractive. End quote.
And Allaah knows best.

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Dought & clear, - (Manners of Seeking Knowledge), - We do not advise you to continually read the booksof the people of misguidance

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I like to read the books and writings of the Raafidis (Shi’ah) and Sufis, and although I have only a little knowledge, praise be to Allaah I am able to pick out their specious arguments for one simple reason, which is that I know that their religion is false and that many of them are extremists or are poor ignorant common folk who deserve pity because they have been deceived and misguided by their leaders. Do you think that I should carry on reading their books or should I stop that?.
Praise be to Allaah.
The Muslim should protect his beliefs (‘aqeedah) and faith, and be concerned to ensure that his nature and thinking remain sound. He should shun specious arguments and confusion for the sake of his religious commitment and heart, for hearts are weak and specious arguments may deceive them when presented in an attractive manner by the people of innovation and whims and desires, but in fact they are weak and specious arguments.
Looking at books of innovation and misguidance, or books of shirk and myths, or books of other religions which have long been distorted, or books of heresy and hypocrisy, is not permissible except for the one who is well-versed in Islamic knowledge and whose aim in reading them is to refute them and explain where they went wrong. As for one who is not well-versed in Islamic knowledge reading them, in most cases he will become confused as a result. That has happened to many people, even seekers of knowledge, until it ended in kufr, Allaah forbid. In most cases the one who reads these books thinks that his heart is stronger than the specious arguments presented therein, but then suddenly – when he reads a lot – he finds that his heart has absorbed more of the specious arguments than he ever imagined it would.
Hence the scholars and the righteous salaf were unanimously agreed that it is haraam to read these books, and Ibn Qudaamah al-Maqdisi wrote an essay entitledTahreem al-Nazar fi Kutub al-Kalaam(Prohibition on reading the books of kalaam (“Islamic” philosophy)).
We will quote here the comments of a number of scholars about the prohibition on non-scholars reading these books:
It says inal-Mawsoo’ah al-Fiqhiyyah(34/185):
The Hanbalis said: It is not permissible to read the books of the innovators, or books that contain both truth and falsehood, or to narrate them, because that is harmful and adversely affects one’s belief (‘aqeedah).
Al-Qalyoobi said: It is haraam to read books of fabricated heart-softening reports (raqaa’iq) and fabricated reports of military campaigns (maghaazi).
End quote.
Inal-Ifaadaat wa’l-Inshadaat(44), al-Shaatibi issued a fatwa saying that it is not permissible for the common folk to read the book of Abu Taalib al-Makki that is entitledQoot al-Quloob, because of the weird sufi ideas contained in it.
Al-Haafiz Ibn Hajar said inal-Fath(13/525):
With regard to this issue it is better to differentiate between the one whose faith has not become strong and deeply-rooted, for whom it is not permissible to read any of these things, and the one whose faith is deeply-rooted, for whom it is permissible, especially when seeking arguments to refute the arguments of the deviant ones. End quote.
Muhammad Rasheed Rida said inal-Fataawa(1/137):
Students and the common folk should be prevented from reading these books lest they become confused about their beliefs and the rulings of their religion, lest they become like the crow who tries to learn how to walk like a peacock then forgets his own way of walking and does not even learn how to hop. End quote.
InFataawa Noor ‘ala al-Darb(al-Tawheed wa’l-‘Aqeedah/267), Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
With regard to Sufi books, it is not permissible to keep them or read them, except in the case of a person who wants to know what is in them of innovation so that he may refute it, so his reading them is of great benefit, which is to confront and deal with this innovation so that the people will be safe from it. End quote.
The Standing Committee said inMajallat al-Buhooth al-Islamiyyah(19/138):
It is haraam for every accountable adult, male or female, to read the books of innovation and misguidance, and magazines which publish myths and false claims and call for deviation from sound morals, unless the one who reads them is able to refute the heresy and deviation contained in them and can advise their authors to mend their ways and can denounce their actions and warn people against their evil. End quote.
Why expose yourself to evil and specious arguments, when you are safe and have no need of that. Praise Allaah for your being safe and sound, and thank Him for the blessings of guidance and steadfastness; protect that and do not expose it to that which may diminish it.
Life is too short to be spent in the pursuit of falsehood. Truth, goodness and beneficial knowledge are abundant and if a man were to spend his whole life in studying useful books of knowledge such as books of tafseer, hadeeth, fiqh, heart-softeners, asceticism (zuhd), etiquette, etc, he would not be able to quench his thirst for knowledge, so how about if he is distracted by books of myths and misguidance which are written by the Raafidis and some of the Sufis.
Listen to the advice of the great scholar Ibn al-Jawzi about paying attention to beneficial knowledge, as he said inSayd al-Khaatir(54-55):
As for the scholar, I do not say to him: Focus only on useful knowledge or limit yourself to some of it;
Rather I say to him: Start with that which is most important, for the wise man is the one who understands how short life is and acts accordingly, even if there is no way to learn everything in one’s lifetime, rather he should do the best he can.
Then if he gets what he wants of knowledge, he has made provisions his journey, and if he dies before that, then his intention will help him.
What is meant is that he should reach his full potential by means of knowledge and action. End quote.
And Allaah knows best.

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For children, - Preparing for the Hereafter: Drawbacks of a Palace, King Story

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Many years ago there lived a King who built himself a huge and magnificent palace. No one had seen anything like it before. The turrets rose into the sky and many expensive materials were used in its construction. The King invited one and all to come and view his palace and left a guest book at the entrance for them to sign and leave comments in.
He took pleasure in reading the various praises that people visiting the palace had written for him in the book. However, he came across two comments that were not in keeping with the general feeling. These two comments were not in praise of the palace; on the contrary, they criticized it. The King was upset and summoned the authors of the comments. At first, neither of them was ready to explain his comment but, after the King assured them that their lives were not in danger, they disclosed the reasons.
"O King! There are two weaknesses in this palace. The first of these is that some day, the palace will turn into ruins, and the second one is that it does not have anything to ensure that its owner will not be separated from it one day. In a life of just a few days, why do we have to attach ourselves to such worldly, material things?" (Bikhre Moti)
Man will soon die and leave behind all his worldly possessions. What will accompany him the journey to the Hereafter are his noble deeds.
Imam Ali al Hadi (as)said: In the world, people are publicized by their property, wealth and asset, and in eternity they are known by their deeds and actions.
"Wealth and children are an adornment of the life of the world, but lasting righteous deeds are better with your Lord in reward and better in hope." Noble Qur'an, (18:46)
Wisdom therefore dictates that man should focus his attention to things that are imperishable and highly rewardable.
Imam Ali (as)said: The world is a passage lodging, and eternity is a place everlasting, yon should take advantage of the opportunity to save something from your passage lodging for the rest of your Journey.
Some body asked Imam Hassan Mojtaba (as):
Why are we reluctant to die, why don't we like death?
"Because", replied the Imam Hassan Mojtaba (as), "You ruined your next world (hereafter) and developed this one; naturally, you do not like to be transferred from flourishing to decline."
Imam Hassan Mojtaba (as) said: The faithful people use this world to gather provisions for the next world but faithless people only enjoy the fruits of this world while living.
Imam Jafar Sadegh (as)quoted on the authority of Holy Prophet Muhammad (saww): What do I have to do with this world, and what does this world have to do with me? The story of me and the world is similar to that of a man who is riding on a hot day and reaches a tree. He takes a nap under the shade of the tree for a short while, and then goes on leaving the tree behind.
Imam Jafar Sadegh (as) said: The person, who is attached much to the world, when it is time to depart, will have many deep regrets and many grievances.

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