TahDheeb

Ibtal (Refutation) Al-Qyas wa Arai wa AlIstehsaan wa At-Taleel wa At-Taqleed AL-Imam Ibn Hazem
Summarised by Al-Imam Al-Dhahabi

Translation and commentary by: Abu Ibrahim Al-Kindi

Copyright is preserved to the author, 2009

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Authors Preface
All praise and thanks is due to Allah, the Creator, the provider, the Most Wise, the All-knowing and AllMerciful ; and As-salat was-salam on His Rasul Muhammad the best gift to mankind and the guide to light of Ilm and Iman from the darkness of Jahil and Kufran. This is a translated summary and commentary (almost complete) of the book titled Talkhis Ibtal Al-Qiyas wa Arai wa Al-Istehsaan wa At-T aleel wa At-Taqleed 1, which was summarised by Al-Imam Al-Dhahabi from the book of Al-Imam Ibn Hazem An-Nukat Al-Mujazah2. This book is a refutation by Imam Ibn Hazem in order to demolish the listed Usool in the title3 from their bases. In this TahDheeb, I have tried my best to translate the actual words of Al-Imam Ibn Hazem word by word as much as possible without the addition of interpretation or embellishment; due to the duty of adhering to the true words of Ibn Hazem, even if this would result in inappropriate levels of English. However, I have relocated some paragraphs for the purpose of summarisation. In addition to this, some very detailed Fiqhi issues have not been translated, as an individual who has had the opportunity to study Fiqh in details could only understand them. This book is intended to be accessible and easy to read by every Muslim and to present enough enlightenment for understanding the false reliability and the rootless ground of the listed Uslool , which have contaminated our Deen. I have also made some underlined comments for wherever I thought further explanation or information is needed, such as biography, Hadith references and category, verse references etc. It is also important to mention that in the original book (Nukat Al-Mujazah), Ibn Hazem reported all narrations by his own chain narrated from his teachers to end of the chain as he was one of the Muhadditheen of his time. However you will not find the full chain of narration in the summary of AdDhahabi, which makes it impossible to identify the authenticity of the narration. So I worked hard to find the same (Maten) text in the most classical books of Hadiths and Athaar, such as Bukhari, Ahmed, At-Tabari etc; in which the complete chain of narration (Isnad) is available. Then referenced each translated Maten according to where the full Isnad is to the books of Mutoon. The Takhrij of the translated narrations are my work, however the Ahkam on the authenticity of the Hadiths are not necessary my work, but rather it includes the effort of more than one person. Any Hadith I found to be Dha if (weak)have been excluded, as well as some long and repeated narrations and other narrations, whose Isnaad i did not find. I have labelled some of the narrations as Jayyid (good) as they are in between the categories of Hasen and the weak category, according to the strict conditions of Ahkaam on the narrations. In the actual book, Ibn Hazem does not refute each and every contaminated Usool which have unfortunately been added to the Deen by a wrong Ijtihad of some scholars. Nevertheless, Ibn Hazem merely refuted the listed Usool by disproving the common evidences that are used to prove these Usool
This book is available online in Arabic but with no Takhrij to the narration or refer to their authenticity This book is not found anywhere in the world at the moment, it definitely had the chance to travel out of Al -Andalus to the Land of Sham where Ad-Dhahabi read it and summarised it after 300 years. 3 The meaning of each Asal of these Usool is in the definitions below
2 1

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and subsequently negated the arguments using agreed proofs to disprove the claim and show how these Usool contradict the Quran and the Sunnah . The other faulty Usool , which are not part of the actual book e.g. Ihteyat, the Shari ah of the nations before us, Al-Maslah Al-Mursalh, Sad Ad-Dara I , Uruf, Al-Maqasaid (Lofty aims) and other faulty issues1, will be refuted using the work of Ibn Hazem or others if not by myself or by someone else inshallah. However, I have listed in the framework section a sufficient number of evidences to prove that the only source of the Deen is the Wahi (revelation), which rules out anything other than Wahi to be Deen and consequentially prove that they are nothing other than work from the human mind. Here we should not forget the purpose of our life, which is to believe and act upon whatever comes from Allah Subhanu through the Wahi. Thus, we should be certain about the authenticity of the transmission and understanding of any issue we consider to be a part of the Deen. Moreover, one has to accumulate all the evidences regarding that particular issue and so investigate the authenticity of each evidence to make sure that the Dalalah (meaning) being used to base the ruling upon, is certain. The most important part in the process of finding the ruling of Allah is to start off by eliminating any preconception or pre-conclusion; despite the root of where these ideas may have been adopted from. Whether it has come from a particular culture, inspirational speaker or reliable scholar, or even the main stream of the scholars, all these could be summarised by two words Avoid Taqleed . In addition to overcoming the barrier of Taqleed, the inner barrier within ourselves should also be overcome, if not completely destroyed. This would mean, before seeking the ruling of Allah we have to free our minds and hearts from anything that has been taken in; whether it seems to be good or bad. Our personal interests, desires and political views have to be put aside. This also includes Muslims with whom we are in dispute with, deviant groups and the culture of the non-Muslims including the enemies of Islam in general etc. This does not mean neglecting the reality, but it should be clear that seeking the ruling is one thing and applying this ruling on the reality is another. I would also remind the student of Usool and Fiqh not to forget about Tazkiyah as some of those who study them seem to forget about Tazkiyah and learning the Deen becomes nothing more than an intellectual debate or logical exercise. One should be guarded from using the Deen to gain the Dunyah. You may wonder what is Tazkiyah? It is one of the most important essences of the Deen which Rasulallah (SAW) brought to us, Allah says (to nearest meaning): Just as We have sent among you a messenger from yourselves reciting to you Our verses and purifying you and teaching you the Book and wisdom and teaching you that which you did not know. [2:151] . It could be translated as cultivation, soul purification, or Tasawwaff as long as it is based on the Quran and the Sunnah but not on the Buddhist teachings or any other sort of teachings of Mysticism. Tazkiyah keeps us firm on the straight path, watching out for the tricks of our real enemy Shaytan who is capable to use our good intention to mislead us, not to be alluded by the illusion of this Dunya, and not to indulge to the worldly enjoyment etc. The verses in the Quran regarding these topics are found throughout the Quran mentioned more than the verses of Akham.

As Allah says to the nearest meaning: They follow naught but conjecture and that which the souls desire! - Even though the guidance has come to them from their Lord. (53:23)

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Framework
After the decisive belief in the Quran to be the Miracle and the direct words of the Creator, which is based on rationalities and observation that eventually go back to the basic sense and common sense, the Quran becomes the only way of communication with Allah, and through it Allah has shown Mankind the source of the Deen to be the direct Wahi (revelation) i.e. the Quran and/ or the indirect Wahi i.e. the authentic Hadith of Rasulallah (SAW). From this Wahi, I have listed some verses below in order to introduce some important concepts, which should prepare the reader to digest the book and follow it in consistent logical order.

Legislation in the Deen is only for Allah

 ( )

a:

To the nearest meaning: He does not make any one His associate in His Judgment.
2

To the nearest meaning: Indeed, Allah ordains what He intends.

3

To the nearest meaning:Say: Tell me what Allah has sent down for you of sustenance, then you ma ke (a part) of it unlawful and (a part) lawful. Say: Has Allah commanded you, or do you forge a lie against Allah?

Every part of Deen is from and for Allah only, whether it s Aqeda or Fiqah
4

To the nearest meaning: The religion, all of it, is for Allah

5

To the nearest meaning:And that you should judge between them by what Allah has revealed, and do not follow their Hawa (vain desire, inclination), and be cautious of them, lest they seduce you from part of what Allah has revealed to you
6

.(26) (1)

(1)
2

(59) (39) (49)

(21)

3 4 5
6

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To the nearest meaning: Or have they associates who have prescribed for them any religion that Allah does not sanction?

Adhering to commands of Allah & His Rasul (SAAW)

1

}:

To the nearest meaning: And obey Allah and obey the messenger and be cautious

 .( ) _

a:

To the nearest meaning: We have revealed to you (O Mahammad) the Reminder that you may make clear to men what has been revealed to them,
3

}:

To the nearest meaning: He who obeys the Messenger has obeyed Allah

The Wahi is clarified and sufficient, not puzzles or text that can t be understood
4

}:

To the nearest meaning: In a clear Arabic language.

5

To the nearest meaning: An Arabic Quran, without any crookedness, that possibly they would be pious.
( )

To the nearest meaning: Alif Lam Ra (This is) a Book, whose verses are made decisive, then are they made plain, from the Wise, All-aware


To the nearest meaning: Say: "Shall I seek for judge other than Allah? - when He it is Who has sent unto you the Book, explained in detail."

The Deen has been completed, so nobody can add, remove, edit or replace
(92) (44) (80) (195) (28) .(1) (114)
1

(2)
3 4 5

(6)

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}:

To the nearest meaning: This day have I perfected for you your religion and completed My favour on you and chosen for you Islam as a religion

Rasulallah (SAWS) said: "Whoever introduces to our matter (religion) that which is not a part of it, will have it (his innovation) rejected."2

Everything has a ruling i.e. is permissible until clear authentic evidence reclassifies it
3

To the nearest meaning: O mankind, eat from whatever is on earth [that is] lawful and good and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy.

*
4

} {

To the nearest meaning: O you who believe! do not forbid the good th ings which Allah has made lawful for you and do not exceed the limits; surely Allah does not love those who exceed the limits. * And eat of whatever Allah has provided you, lawful and good, and be pious to Allah, in Whom you are believers.

What is done when there if differing?

5

To the nearest meaning: And in anything over which you differ - its ruling is to Allah.
( )

To the nearest meaning: If you differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day
7

To the nearest meaning: The only statement of the believers when they are called to Allah and His Messenger to judge between them is that they say, "We hear and we obey." And those are the successful

Dhaan (Conjecture) has no part in the Deen

1

}:

1 (3) Bukhari, Muslim and others 2 3 (168) (88-87) 4 (10) 5 .(95) (6) (59) 7

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To the nearest meaning: And they have no knowledge of it; they do not follow anything but conjecture, and surely conjecture does not avail against the truth at all.
2

To the nearest meaning: Say, "Do you have any knowledge that you can produce for us? You follow not except assumption, and you are not but falsifying."

Opinions and making statements in the Deen with No proof, is not permissible
3

}:

To the nearest meaning:: Say: Tell me what Allah has sent down for you of sustenance, then you make (a part) of it unlawful and (a part) lawful. Say: Has Allah commanded you, or do you forge a lie against Allah?

. ( ) {

To the nearest meaning: And say not concerning that which your tongues put forth falsely, This is lawful and this is unlawful, in order to forge a lie against Allah;
5

To the nearest meaning: Bring your proof if you are truthful.

Avoiding Hawa (vain desires, inclination)

6

{ }
To the nearest meaning: Have you then considered him who takes his low desire for his god, and Allah has made him err having knowledge and has set a seal upon his ear and his heart and put a covering upon his eye. Who can then guide him after Allah? Will you not then be mindful?
7

To the nearest meaning: then as for those in whose hearts there is perversity they follow the part of it which is allegorical, seeking to mislead and seeking to give it (their own) interpretation.

Taqleed (Blind following)

8

}:

To the nearest meaning: Follow what has been revealed to you from your Lord and do not follow guardians besides Him
(28) (148) (59) .(116) (111) (23) (7) (7)

1
(4)

2 3

6 7 8

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}:

To the nearest meaning: And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and th e heart - about all those will be questioned.

}
To the nearest meaning: And when it is said to them, "Come to what Allah has revealed and to the Messenger," they say, "Sufficient for us is that upon which we found our fathers." Even though their fathers knew nothing, nor were they guided?
2

To the nearest meaning: They have taken their scholars and monks as lords besides Allah

The Deen is One, No grouping or division

To the nearest meaning: Surely they who divided their religion into parts and became sects, you have no concern with them; their affair is only with All ah, then He will inform them of what they did.
4

To the nearest meaning: And surely! This your religion is one religion, and I am your Lord, so keep your duty to Me. But they cut off their religion among themselves into sects, each part rejoicing in that which is with them.

The Deen should be taken completely, No pick and choose

5

{ ....

.....}

To the nearest meaning: So do you believe in part of the Scripture and disbelieve in part?

*
6

* {

To the nearest meaning: And when they are called to Allah and His Messenger that he may judge between them, lo! a party of them turn aside. And if the truth be on their side, they come to him quickly, obedient. Is there in their hearts a disease, or are they in doubt, or do they fear t hat Allah and His Messenger will act wrongfully towards them? Nay! they themselves are the unjust.

(36) (31) (159) (53-52) (85) (50-48)

1 2

3
(3 4 5 6

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Rasulallah (SAWS) said: "Leave me as I leave you, for the people who were before you were ruined because of their questions and their differences over their Prophets. So, if I forbid you to do something, then keep away from it. And if I order you to do something, then do it as long as you are capable." 1

I hope this long preface does not prevent you from reading the remainder of the book, but rather you find it useful and encouraging to read the book with the clear concepts and prepared foundation. Eventually, I would ask Allah and request you to ask Allah to accept this work from me and make it purely for His sake, and reward me for my effort in the both worlds. Moreover, may Allah Subhannah overlook my mistakes, help me to correct them, increase my Imaan, forgive me for any slackness and sins and to gather us in the company of our beloved Rasullallah (SAW) on the Day of Deen.

Abu Ibrahim Al-Kindi 27/01/11

Bukhari, Muslim and others

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TahDheeb Mulakhas Ibtal (Refutation) Al-Qyas wa Arai wa Al-Isthsaan wa At-Taqleed wa At-Taleel Al-Imam Ibn Hazem
Summarised by Al-Imam Al-Dhahabi

Translation and commentary by: Abu Ibrahim Al-Kindi

Copyright is preserved to the author, 2011

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Introduction:

Ibn Hazem Said: Allah has completed his Deen with His final Rasul Muhammad (SAAS). However, it has been the destiny of Allah s Ilm that He Says:
( )

Allah Says to the nearest meaning: [but they will not cease to dispute Except him on whom your Lord has bestowed His Mercy]

So after reading this verse, it iscertain that division will occur amongst us i.e. Muslims. Despite the outcome of Allah s destiny, Allah orders us not to divide, saying:
( )

Allah Says to the nearest meaning: [And hold firmly to the rope of Allah all together and be not divided among yourselves]

and saying:
( )

Allah Says to the nearest meaning: [And be not as those who divided and differed among themselves after the clear proofs had come to them. And those will have a great punishment. ]

And it has been authentically reported that Rasulallah (SAAW) said: "Truly, you shall follow the ways of those who were before you, span by span, and cubit by cubit, until, if they were to enter a lizards lair, you would follow them." We said, "O Messenger of Allah, the Jews and Christians?" And he said, "Who else?" 4 So here, we conclude5 that whatever has arisen in the Deen after Rasulallah (SAAW) is incorrect. However, some Muslims have considered that some of these subjects that have later arisen are part of the Deen.6

Rai

(Opinion)

(119-118.) 1 .(103) 2 .(105) 3 4 Bukhari, Muslim, Ahmid and other 5 Keep in mind the implication of the Hadith that Muslims will do the same as the nations before, and these nati ons have divided in their Deen after the proofs have been given to them as the verse says. This is also applied in other matter the nations have failed in such as taken their scholars and monks as Gods beside Allah to legislate rules in the Deen and other mistakes. 6 Here Ibn Hazem listed examples of such claimed Usual (Fundamental roots) in the Deen, which happened after Rusallallah (SAAW).

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Firstly, Ar-rai (Opinion) started to arise in the time of the Sahabah. However, every Sahabi - we have reported a narration of him giving a Fatwah using Rai-, he has clearly clarified that he is not certain about this Fatwah, and exempted himself from his Rai 1 (to be Deen). Rai (Opinion) is concluding a ruling in the Deen without any proof (i.e. Quran or Sunnah).,Rather, it is to base a ruling on whatever seems to be safer and closer to the Halal (permissible), or Haram (forbidden), according to the Mufti. It has been authentically reported that some Sahabah have given Fatwahthrough Ar-Rai (opinion). However, there is not a single Fatwah from any Sahabi that was derived through Qiyas, despite the fabricated and weak narrations that statethat Umar, Ali, Zayd ibn Thabet and Ibn Abbas used Qiyas. The refutation of legislating by Ar-Rai (Ibn Hazem gathered all the evidences of those who take Ar-Rai as a source of legislation for the Deen of Allah, and disproved them all one by one)2. Usually, they argue on the basis that Fatwahs using Rai were reported from the Sahabah, and since we assume only good about them,we do not accuse them of wrongdoing in their Deen3. They also claim that the Sahabah came to an Ijmaa on giving Fatwahs based on Rai. But the fact is that there is no such Ijmaa . Rather their Ijmaa was not to legislate by what Allah has not allowed us to do. To prove legislating by Rai, they usually try to use the very popular Hadith of Mu adh: Some of the companions of Mu'adh ibn Jabal said: When Rasulallah intended to send Mu'adh ibn Jabal to Yemen, he asked: How will you judge when the occasion of deciding a case arises? Mu adh answer: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Apostle of Allah (peace be upon him). He asked: (What will you do) if you do not find any guidance in the Sunnah of Rasulallah and in Allah's Book? He replied: I shall do my best to form an opinion and I shall spare no effort. Rasulallah then patted him on the breast and said: Praise be to Allah Who has helped the messenger of Allah to find something which pleases the messenger of Allah. However this Hadith which is narrated in Abu Dawood is a weak narration4. They also try to prove Rai by another weak Hadith; Rasulallah (SAAW) said: that, indeed I judge between you by my Rai regarding 1 which no revelation stated .

1 Ibn Hazem proves this claim in the next section with many narrations form these Sahabah, for example (Ibn Masud said: I would attempt the best of my Ijtehad of my Rai, if its right then its from Allah only no partner to him, and if its wrong then its from me and for the Shaytan and Allah and Rasul are exempted from .) the full narration below 2 I have not translated this part as it would take a large space, and Ibn Hazem repeats them in his refute. Also i have not translated some detailed Fiqhi issues used as examples which may confuse the reader if they have not studied them, however if you read in the Arabic version, which is available online. 3 i.e. we cant think of the Sahabah the best of Muslims to legislate according to an incorrect method which is Rai in here 4 This Hadith is also narrated in Termidhi, Musnad Ahmed, Al-Darami etc, but all by the same weak narration, which has three defects, two narrators are not identified (Majhool). Al -Harth Bin Amer (Majhool Haal) who narrate from some people from the city Hams amongst the companions of Muad (Majhool Eyan), and the third defect is Ersaal as the companions of Muadh did not say Muadh told us! Its a shame on them to sell this narration as Saheeh.

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How can this be right if Allah says:

( )

Allah Says to the nearest meaning: [Surely, We have sent down to you the Book with the truth, you may judge between the people by that which Allah has shown you]

And in the authentic Hadith when Rasulallah (SAAW) was asked about donkeys (if Zakat should be paid for owning them), his reply was: Nothing was revealed on me (regarding donkeys Zakat) . 3 All these proofs testify that Rasulallah (SAAW) only legislated by the Wahi (revelation) from Allah, not by Rai. They would also try to prove Rai using verses regarding Shoorah (consultation)!!!!! It is as if Rasulallah (SAAW) made Shoorah with the Sahabah on matters such as how many Raka h we should pray and how we should do Hajj, etc. In fact, none of these happened. It is also a mistake to use Shoorah in this way. Shoorah is only Mubah (permissible) when deciding on how to go about a matter, and surely can not be used to make rulings. There is clear contradiction between using Rai in the Deen of Allah and that which Allah says in the verse:

a . ( )

Allah Says to the nearest meaning: [He makes none to share in His Decision]

Both Imam Malik and Al-Lath5 said in regard to differences of opinions amongst the Sahabah; there are either right or wrong . This is proven by many authentic Hadiths where Rasulallah (SAW) rejected statements of the Sahabah that were made through their Rai. Examples in Hadiths are Abu Bakr stopping two girls from singing in the house of Rasulallah (SAW), Umar accusing Haatab Ibn Abi belta ah (Sahabi) of being a Munafiq and banning the Abyssinians from playing with their spears in the Masjid 6. In conclusion, when the Sahabah or any other Muslim, until the Last Day, gives a Fatwah using Ijtehad, targeting the truth, believing that their Fatwah to be the Haq (truth) and no proof has been presented to them to prove that their Fatwah contradicts the Quran or Sunnah, then consequently the Mufti is rewarded double if his Fatwah resembles the ruling of Allah, and rewarded once if it does not. This is due to the definite fact that nobody other then Rasulallah (SAW) is free of making mistakes. However, this does not include whom the proof has been explained to, and also they have come to realise that they are going against the text; either by using Rai only, Qiyas with no proof or giving Fatwah by the

Abu Dawad by a weak (Shiadh) narration, and if both of these Hadiths are not weak then they should be only used in the area of judging between people - as the narrated in the chapter of Qadha (judgment)- not making up rules and claim that they are from Allah
2 (105)
3 Narrated in Bukhari, Muslim, Nasaei and others 4(26)

Al-Lath Ibn Saad died in 175H, an Imam of a Madhab didnt remain for long, Imam Ash-ShafeI said About him: He is more knowledgeable than Malik, but he did not have students to carry his knowledge. 6 There are many other Hadiths testify the fact that Rauallah (SAAW) reject ed some of the statements made by the Sahaba using Rai, which means that these statement were wrong. These proofs are enough to object the saying of the Sahabi to be an Asal and base Deen on it. Some of those who claim to follow the Quran and Sunnah believe in the saying of Sahabi as a sufficient Daleel, what a contradiction!!!

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invented Bed ah of Taqleed without Ijtehad and have allowed themselves to undermine the text. Surely, they are sinning for deliberately disobeying the command of Allah when in a disagreement, which is to go back to the word of Allah and the word of Rasulallah (SAW)1. It should be clear that none of the Sahabah approved giving Fatwah just by Rai. However, some of them would say: I would say in this matter by my Rai (opinion), if is right then it is from Allah; and if it s wrong then it s from Ash-shaytan, and Allah and His Rasul know better in every case. We2 have also reported this from Abu Bakr, Ibn Mas ood, Umar and Ibn Umar, and it has been authentically reported that the Sahabah condemn Rai despite they having used it.

Narration Refuting Rai 'Abdullah bin 'Amr narrated: I heard the Prophet saying, "Allah will not deprive you of knowledge after He has given it to you, but it will be taken away through the death of the religious learned men (with their knowledge). Then there will remain ignorant people who, when they are consulted, will give verdicts according to their (Rai) opinions whereby they will mislead others and go astray." 3 So whoever gives a Fatwah with Rai, he has given a Fatwah with no knowledge, as there is no knowledge in the Deen other than the Quran and Sunnah.4 From the Sahabah Ali ibn Abi Talib said: If the Deen was based on Rai (opinion), it would have been more suited to wipe the under part of the Khuff (leather socks) rather the upper, nevertheless I have seen Rasulallah (SAAW) wiping over the upper part of his Khuff. 5 Sahl bin Hunaif said: O people! Blame your personal Rai (opinions) in your religion. No doubt, I remember myself on the day of Abi Jandal; if I had the power to refuse the order of Allah's Rasul, I would have refused it. 6

1 Here he is referring to the verse: (If you differ in anything among yourselves, refer it to Allah and His Messenger, if you do believe in Allah and the Last Day) 4:59 2 i.e Ibn Hazem as he has reported all the narrations by his own chain narrated from his teachers 3 Bukhari, in the chapter of holding fast to the Quran and Sunnah under the section of: what its said in disgrace Rai and affectation in Qiyas, then -as usual - Bukhari included this verse means (follow not) say not (that of which you have ( ) ( )no knowledge) 17:36. This is also understood from Bukharis words in the title of the Above section, and it s also confirmed by the next two sections subtitles, first subtitle: what was Rasulallah (SAW) asked regarding matters that Wahi (revelation) had not stated and hell say: I dont know or hell not answer until he had received Wahi (revelation) and hel l not say with Rai or Qiyas. .. second title: Rasulallah teaching his Ummah men and women from what Allah taught him, not from Rai or Tamthil (another word form Qiyas). 4 Al-Imam Al-Bukhari strictly commented in the chapter of Saying Something under Compulsion (Ikraah): they said. because of Qiyas but Istehsaan .they have differentiated between relative and non-relative with no Quran or Sunnah. So did Al-Imam Al-Bukhari accept Qiyas and Istehsaan? 5 Abu Dawud by an authentic narration, as well as Al-Bayhaqi in As-Sunaan Al-Kobrah, Ad-Darqotni 6 Bukhari, under the same section as Abuve, as well as Muslim, Ahmed and others

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Masrooq said: a letter has been written for Umar Ibn Al-Khattab This is what Allah has shown the commander of the believer , so Umar told him off and he said: No but write this is what Umar sees, and if it is correct then it s from Allah and if it s i ncorrect then it s from Umar 1 Ibn Abbas said: whoever invented a Rai that is not in the Book of Allah, and not shown in the Sunnah of Rasulallah, he doesn t know how he will meet Allah 2 Abu Musa Al-Ash ari said: whoever has Ilm, he must teach it to people, and if he doesn t know, he shouldn t say what he has no Ilm of, (and if he says) he will be one of the Mutakallifeen3 and he would come out of the Deen 4 Ibn Mas ud was asked about a man got married with no congregation and died before mentioning the amount of Mahr. He refused to answer and told them to ask someone else, yet they insisted on him for a month, until the end of month they said: Who shall we ask? If we don t ask you, and you are one of the Sahabah of Rasulallah in this country and we can t find other than you?? Then Ibn Masu d said: I would attempt the best of my Ijtehad of my Rai, if it s right then it s from Allah -only no partner with him-, and if it s wrong then it s from me and form the Shaytan and Allah and Rasul are exempted from it . 5 AbduAllh Ibn Amar said: the matter of the children of Israel was straight until the mix race from the captive of the other nations spread amongst them and spoke out of Ria, so they went stray and misguided them . 6 Mu aad bin Jabel said: Quran will be accessible to the women, children and men (i.e. everyone) to read, so one would say I ve read (studied) the Quran but I haven t been followed, by Allah I ll stand up by it (Quran) amongst them, I might be followed. Thereafter he stands with it amongst them, even so he will not be followed, then he would say: I ve read the Quran and I wasn t followed, and I stood with it amongst them and I was not followed. So I shall exclude myself in my house Masjid (place of worship) I may be followed. So he would exclude himself in his house Masjid, even so he will still not be followed. So he would say: I ve read the Quran and I wasn t followed, I stood with it amongst them, and I excluded in my house a Masjid, yet I was not followed!! By Allah I will bring them speech that they do not find in the Book of Allah and they have not heard it from Rasulallah I may be followed. Then Mu aad said woe to him and indeed he brought misguidance 7 Umar Ibn Al-Khettab said: The people of Rai are the enemies of the Sunnah, the Hadiths have become hard for them to memorise, so they say with Rai, so they have become misguided and mislead 8 Ibn Mas ud said: The scholars would depart and some people would remain saying from their Rai 9

1 Al-Byhaqi in As-Sunan Al-Kubrah, narrated by authentic and reliable narrators 2 Al-Darimi by an authentic narration 3 In here the Sahabi is referring to the verse in Surat Sad 86: and I am not of the Mutakallifun (those who pretend or fabricate things which do not exist) 4 Al-Darrimi, by an authentic narration 5 Sunnah An-Nasai and Musnad by an authentic narration 6 Abn Abi Shaybah by an authentic narration 7 Al-Darimi, by an authentic narration, as well as Al -Hakem and he said its authentic 8 Al-Daraqotni, in Sunnan Al-Daraqotni by a good narration, I have said that just because of Mujalid who is one the narrates he being accoused by some of the Muhditheen as weak in memory but not in reliability. 9 Ibn Hazem in Al-Ihkam by by a good narration, just because of Mujalid

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Ibn Abbas said: whoever speaks regarding Quran from his opinion, his seat is surely preserved in the Fire
1

Ibn Abi Mulaikah and Abu M amar said Abu Bakar said: what a sky would cover me and what an earth would hold me if I talk about the verse of the book of Allah by my Rai (opinion) or with no Ilm (knowledge) 2 However, if the people of Rai insist and say: the Sahabah only condemn the free Rai not the Rai based on Qiyas. We reply: This is a lair against them, and there is no way to find this saying stated by any of them, yet some of the them gave Fatwah using Rai out of satying in the safe side not to make a new legislation.

From the Tabe in and other Malik bin Magool said Ash-Sh abi 3 told me: whatever those (the people of Rai) tell to you from Rasulallah then take it, and whatever they say from their Rai then throw it in the Hesh (something like toilet today) 4 Ta-wass5 said: whenever Abdullah ibn Umar would be asked about something he has not been informed about he would say if you want I will tell you from Dhann (conjecture) 6 Amr Ibn Denaar7 said to Jabeer Ibn Zyad8, They write what they hear from you, then he (Jabeer) said: Ina Lillah wa Ina Illayah Raji a oon, they write a Ria that I may leave it tomorrow!!! 9 Ayyoob10 was asked: what s the matter with you, you don t use this (meaning Rai)? He replied: They ask a donkey why you don t ruminate. It replied: I hate chewing Baatel (falsehood). 11 Ash-sha bi said regarding a question about marriage: If I answer you from my Rai (opinion) then urinate on it 12 There is no Tabe i at all that has made his Rai a part of Deen, and none of the Tabe een called others who did not follow their Rai misguided , as those do (referring to other scholars in his time). Al-awza I 1 said: Trace Athaar (narration, remaining) of those who have left even if the people rejected you and beware of the opinions of men even if they decorated for you their arrangement. 2
1 Abin Abi Shyabah and At-Tabari by a good narration, again just because of MuJalid 2 Very famous text narrated by many other then Ibn Hazem e.g. Al-Byhaqi, At-Tabari, Abu Ubyadah etc. However, all of narrated I have come across are from the ground son of Abu Bakr Al -Qasem Ibn Mohammed, Ibn Abi Mulakah and Abu Muamar (great Tabein) who have certainly narrated directly from many Sahabah but not certainly from Abu Bakar. 3 One of the five greatest Tabein, his name is Amir Ibn Sherahbeel Al -Shabi Al-Hemyari, lived and died in Al-Kufah 104, leaned and narrated from many Sahaba including Umar, Ali, Ibn Masud, Annas etc. 4 Al-Darimr, by an authentic narration 5 Tawass ibn Kaysaan one of the Great Tabeen, narrated from many Sahaba .e.g Ibn Abbas, Ibn Omer, Muad etc 6 Ibn Hazem in Al-Ihkam by authentic Isnaad 7 Amer Ibn Denaar one of the Tabeeen narrated from Ibn Abbas, Jaber, Anas and others died in 126H. 8 one of the Tabieen narrated from Abdullah Ibn Abbas and one of his close student, Ibn Umar etc from Al -Basra 9 bn Abd Al-Bar in Al-Jama and Ibn Hazem in Al-Ihkam by reliable narraors 10 Ayub As-Sakhteyani, one of the small Tabein, lived in Al-Basrah died in 131H, narrated from the older Tabein Abuut 200 Hadith just in Bukhari 11 Abu Nae , in Helyat Al-awliya by an authentic narration 12 Ibn Hazem in Al-Ihkam, narrated by authentic Isnaad

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Umar ibn Abdul Aziz wrote to the people: '' Nobody s opinion should be counted with a Sunnah has being established by Rasulallah ( SAW). 3

Qiyas

(Analogy):

Secondly, Al-Qiyas (Analogy) which took place in the second century, was accepted by some of the Tabi een, however the majority rejected it and exempted themselves from it. Qiyas (Analogy): is the intellectual process of transferring a ruling of a particular case (Asal), whose ruling is based on a text (Quran or Sunnah) or Ij maa , to another case (Far a) that has no proof to give it this particular ruling (Hukom).4 Some of those who accepted Qiyas try to justify it saying this is because of the Asal and the Far a are sharing the same Illah (reason)5!!!! Whereas others say, we do Qiyas because of the similarity between both cases. In reality, both claims are incorrect for different reasons. Firstly, they (i.e. the people of Qiyas) say: A case has no text6 and this does not exist. Secondly, if it happens that a case has no text addressing it, then it is not legitimate for them to give a ruling, as this act has no proof to support it. Thirdly, they say: both cases have the same Illah (reason) in which the Illah was the cause for the ruling to occur. Indeed, there is no Illah for any rule of the rules of Allah, as the concept of Illah is just a claim without proof. The Refutation of legislating Qiyas 7 In regards of this verse, which is one of their evidences to prove the legitimacy of Qiyas:


To the nearest meaning: [So take lessons, O you who have eyes]

This verse can t even be understood as supportive evidence, to be an order to use Qiyas (analogy) and how would this verse be an order to use Qiyas if Allah says:

AburRahman bin Amer, Tabee TabeI narrated form many of the oldest great Tabeeen such as Makhool, Ataa, Ash-Shabi. Also he was a Faqeeh and his Madhab was followed in land of Sham and other areas, died in 157H. 2 Ibn Abd Al-Bar in Al-Jama and Ibn Hazem in Al-Ihkam, narrated by Jayid Isnaad because of Mohammed Ibn Khakifah whose Ibn Abd Al-Bar has narrated with rejection, yet has been Majroh by Al -Faradi with no explanation. 3 Ibn Abd Al-Bar in Al-Jama and Ibn Hazem in Al-Ihkam, narrated by Hasin Isnaad 4 According to the people of Qiyas, Qiyas consists of four pillars: Asal, Fara, Hukom and Illah. The definition of Qiyas given above is in accordance to the people of Qiyas. 5 He discussed the concept of Illah and disproved the guessed Illah under the topic Taleel 6 i.e. the second case (Fara) which they give it the ruling of the original case (Asal) 7 Before refuting Qiyas, we should ask: Has Allah or His Rasul ordered us to do Qiyas? If Yes, then where is the evidence, and if No, then making rules using Qiyas is manmade rules and should be consider as part of the Deen.
(8) (2)

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To the nearest meaning: [Indeed in their stories, there is a lesson for men of understanding.]

And:  [

To the nearest meaning: [And verily! In the cattle, there is a lesson for you]

From the last two verses, we see clearly that the word Ibrah or I tebar cannot mean Qiyas. Regarding the most common evidence used to prove Qiyas:


To the nearest meaning: [Say not "Fie"]

Reading the sequence of the whole verse4 as full sentences, the meaning would be that every good action toward the parents is required and any kind of mistreatment is forbidden. They have also claimed that we have only come to know the fat of pigs to be Haram because of Qiyas to the flesh, and the female pigs to be Haram by Qiyas to the males. This is clearly incorrect because we know that it is Haram by the same verse. The verse says: { }
To the nearest meaning: [For indeed, it is impure]
6

According the Arabic grammar, the pronoun (i.e. it s) goes back to the closest noun (pig). Since the verse mentions that the pig is Rijs (impure), then each components of the pig including flesh, fat, skin, bone, hair etc is Rijs. As the text and the Ijmaa order us to avoid Rijs, then this verse is a proof in itself that everything in the pig is forbidden. Also the name Pig is a noun, which refers to both the male and the female and there is no difference in this matter between the scholars of the Arabic language. In regard of the Hadith Can I do Hajj on behalf of my parent? Then Rasulullah (SAAW) replied: what would you say if your parent had a debt??? There is no proof for them in this Hadith because Allah Says: _
To the nearest meaning: after any bequest was made or debt

a ( )

(1) .(111) (2) .(66)

.(3) (23) 4 The beginning of the verse starts with: And your Lord has decreed that you do not worship except Him, and to parents, good treatment. Whether one or both of them reaches old age with you, say not to them [Fie] and do not repel them but speak to them a noble word.
(5) 145/6

6 The full verse is: Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine, for indeed, it is impu re or it be disobedience, dedicated to other than Allah . But whoever is forced, neither desiring nor transgressing, then indeed, your Lord is Forgiving and Merciful."
.(7) (12)

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Where in this Hadith did the questioner think that the debt of Allah (compulsory Ibadah e.g. Hajj & Sawm) is not included in the general ruling of debt? Then Rasulallah (SAAW) informed the questioner that it is included in the general ruling of debt. 1

The most surprising matter is that both the Hanafi s and Maliki s use this Hadith to approve Qiyas, however they contradict it and say that nobody can do Hajj on behalf of someone else, even if a particular person made it as a will before their death!!! It is impossible to claim that we were ordered to do Qiyas since it has not been explained to us in the Quran or the Sunnah for what kind of matters we do Qiyas, according to what to use Qiyas or when to use Qiyas. If we manage to find all the answers for these questions then it would be compulsory on us to do Qiyas on the mentioned matters and when we are ordered to do so only; and not to go beyond this limit. We ask the people of Qiyas about that which they have made compulsory or forbidden by their Qiyas or Rai; who has legislated it to be compulsory or forbidden? If they said: Allah or His Rasul; then they have lied, we would then ask them to state where they found it in the Quran or the Suunah; and they know that Allah has forbidden making statements on His behalf without knowledge. If they said: it s from other than Allah and His Rasul, we then say that it must be false as it is legislated by other then Allah and His Rasul. However, if they say: yes, it is not in the Quran or in the Sunnah but it is indicated by the Quran and the Sunnah, then we would ask them: where is this indication? And indeed, there is no way for this indication to exist in the Quran and the Sunnah. We would also ask them when we can legislate in the Deen by using Qiyas and Rai? If they then say: when there is no text. We ask them, so what about a daily matter where the text is out of the Mufti s mind or been forgotten at the time? They would say: in this circumstance, the Mufti is allowed to legislate in the Deen using Rai or Qiyas, and if the Fatwah happens to contradict a text that he did not know when the Fatwah was given, then he is excused for his mistake. Then we would say: you have allowed what is not allowed (a Fatwah contradicting the text) and you have also made the mistake correct, certainly this is impossible. Yet if they left their first argument and say: the Mufti is permitted to legislate using Rai and Qiyas in the absence of the text. Then we would reply: therefore you allow the Mufti to give Fatwah using Rai and Qiyas when the text is absent. This means that his knowledge has surrounded all the texts, and each text has to be present in front of him at that particular moment of giving the Fatwah, in order for the Mufti to be certain that his Rai or Qiyas doesn t contradict any text. However, according to them it is impossible for these characteristics to exist in one person!!! Therefore, they must admit that giving Fatwah by using Rai and Qiyas is incorrect, and this is the Haq (truth) for us. However, if they question us: so when is it permissible to do Ijtehad using Daleel1?

This Hadith is narrated by Bukhari in the chapter titled by: wherever drew similarity of a known ruling to a clarified ruling, Allah has clarified both rulings, for the questioner to understand.

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We would answer them saying: all the time because Daleel is all about the text and Ijtehad is the process of seeking the ruling of Allah through the Quran and the Sunnah, and we are certain of every single matter, which has no specific text from Allah or His Rasul. We are not addressed by this matter (i.e. it is permissible)2, so there is no need for Rai or Qiyas. Also people of Rai and Qiyas have used analogy to fabricate rulings regarding the slaves marriage, divorce, Iddah3 (waiting period) etc, by relating it to the ruling of Hudood (punishment) in which the Had for the slave is half that of the free person. So some of them said: The male slave is not allowed to marry more than two (half of 4 wives). Some said: the timing period of Eelaa 4 is two months (Allah says four months)5. Some said: the Iddah (for the slave widow) is two months and five days (Allah says four months and ten days). Some said: divorce for the slave is only two times (not thrice.) etc So why do they not go ahead and say: Salah for the slaves is two Raka t, their fasting is half the month of Ramadhan, and their Ghusl is for half of their bodies .etc. By Allah, if Qiyas is allowed there (marriage, divorce and Iddah) then it should also be allowed here (Ghusl and fasting)!!!!! But they try to escape this and claim Ijmaa on these matters, which is not true; yet if they insist on that then, their proof is not Qiyas anymore but is Ijmaa . They would finally say that some of the early Muslims have stated that, therefore, their proof is not Qiyas but it is Taqleed to some Sahabah or Atbe een. From the authentic Hadith, Rasulallah (SAAW) said: "Leave me as I leave you, for the people who were before you were ruined because of their questions and their differences over their prophets. So, if I forbid you to do something, then keep away from it. And if I order you to do something, then do it as long as you are capable." 6 From this Hadith we understand that whatever we are commanded to do, is compulsory and we should do as much of it as we are able to do, and whatever we are commanded not to do, then it is compulsory for us to stop doing it, and whatever remained in silence then it has no ruling, so it is Mubah (permissible). Clearly you can see that Qiyas is not one of these three types, and his saying (SAAW): leave me as I leave to you means that whatever has no text in regard to it then it is not Wajib (compulsory) neither Haram (forbidden). Despite all of that, some of the people of Qiyas say: the matter that has no text in their regard, is not Mubah except if it has a Qerinah of Qiyas to another Mubah! And it has to be Haram or Wajib if there is Mubah similar to it. This is absolutely a wrong claim and how can it be right if it contradicts the previous Hadith.

It is the forth source of Fiqh for Ibn Hazem after the Quran, Sunnah and Ijmaa Ibn Hazem adopt the Asal of that every matter in the life undergo the general text, such as all food is Mubah as long on a specific text takes out of the Mubah category to another category. 3 Idah is the minimum waiting period that should be kept between a marriage that just ended by divorce or death and a new marriage 4 Eelaa is when the husband makes an oath that he will never have sexually intercourse with his wife for four months or more, look Al-Baqrah:226 5 the verse doesnt specify free or slave, so it a general text that includes every Muslim except if there is another text that excludes some Muslims, then this ruling will not be applied on them. 6 Bukhari, Muslim and others

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It is also surprising to see that the Hanifi s agree on this, however they say: Qiyas should not be used in Hadood or Kaffarah. So how do they differentiate between these two acts of Ibadah1 (i.e. Hadood or Kaffarah) and the rest of the actions??? Both of the Hanafis and the Shafe is don t allow Qiyas when a text2 is available, however this claim (i.e. having no text regarding an issue) can t be right because Allah says:  {
To the nearest meaning: We have neglected nothing in the Book

a!!!!!!

This is because all of the rulings are found in the text, as the legislations in Islam are three types: either Wajib, Haram or Mubah, as we find Allah says: 4 { }
To the nearest meaning: It is He who created for you all of that which is on the earth.

To the nearest meaning: O you who believe! Ask not about things which, if made plain to you, may cause you trouble. But if you ask about them while the Quran is being revealed, they will be made plain to you. Allah has forgiven that, and Allah is Oft -Forgiving, Most Forbearing.
6

To the nearest meaning: Before you, a community asked such questions, then on that account they became disbelievers.

By these two verses we conclude that everything Allah has created is Mubah for us (unless it has been specified as Haram or Wajib) and not Haram or Wajib, and there is no need to find a ruling for it. Also Allah says:




To the nearest meaning: while He has explained to you in detail what is forbidden to you

And He says:
1



It seem clearly that Ibn Hazem doesnt differentiate between the actions we are order to do to; Abadah and Non Abadh like the people of Qiyas as they say Qiyas is applied only in the Non -Abadah action as they claim that the Ellah can be understood in Non-Abadah action but not in the Abadah. However, if you check their book of Fiqah they contradict themselves and have made Taleel and Qiyas in the Abadah actions e.g. Sojood At-Telawah!!! 2 This is one the conditions of Qiyas according to the people of Qiyas that the Fara should have no ruling stated by a text or Ijmaa. They also say: the Asal should have its rule from text or Ijmaa and Illah should be presented in both cases (Faraa and Asal).
5

(3) .(38) (4) .(29)

101

(6) .(102-101) (7) .(119)

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To the nearest meaning: O you who have believed, obey Allah and obey the Messenger
(( ))

Moreover, Rasulallah (SAAW) said: "Leave me as I leave you, for the people who were before you were ruined because of their questions and their differences over their prophets. So, if I forbid you to do something, then keep away from it. And if I order you to do something, then do it as long as you are capable." 2 From these verses we understand that everything Allah has prohibited has been detailed and clarified its by its name. And whatever Rasulallah commanded not to do then it s compulsory on us to leave it, and whatever we are ordered to do, we should do it according to our ability, and any matter that has no text to give it the ruling of Haram or Wajib, then it is Mubah. By this, all legislation in the Deen are categorised. So whoever makes a claim about a particular matter to be Wajib or Haram, we ask him for the command of do or don t, if they manage to bring the proof of the command, then this particular matter would take the ruling proven by the command. However if they fail to bring any proof then this matter remains Mubah as explained above. Narration refuting Qiyas3 Rasulullah said: my Umah will divide into seventy and some, and the worst of them in Fitnah are a group of people who do Qiyas to matters by their Rai, so they ll allow the Haram and forbid the Halal"4 Ibn Mas ood said: Never ever say (i.e. what do think? What is your opinion). Indeed, those who before you were destroyed by . And don t do Qiyas between two things, the foot may slip after being firmly grounded, and if one of you were asked about that of which he has no knowledge regarding it, he should say I don t know, as I don t know is one third of the knowledge 5 Jabir ibn Zayd said Ibn Umar told me: O Jabir, you are one of the scholars of Al-Basrah, do not give Fatwah except by Quran or Sunnah, and if you do other then this you will ruin yourself and others 6 Ibn Mas ood said: . Your best people and the scholars would depart and other peoplewould be present doing Qiyas in matters by the Rai, so Islam will be harmed. 7 Masrooq said: I am afried of using Qiyas, lest my foot slip.
1

2 3

(1) .(59)

Bukhari, Muslim and others Despite the following narrations and many other narrations that not included in this book, the people of Qi yas with no shame claim the Ijma of the Sahabah and the Ummah on using Qiyas to make rules!!!! What Ijma is this which does not include these Sahabah and the rest of the Salaf. 4 Al-Hakem in Al-Mustdrak and said authentic (without comment from Ad-Dhahabi), also narrated by At-Tabarni in Al-Muajam Al-Kabir, Al-Bazar. To me the Matun is not authentic. 5 At-Tabarani, Al-mu jam Al-Kabir, by an authentic narration 6 Al-Darimi, by a Hassan narration, as well as Abu Nae m in Helyat Al -Awliya 7 Al-Tabari Al-Mu jam Al-Kabir and Al-Darimi by a Jayid narration,

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Ash-Sha bi said: Never ever do Muqyasah (performing Qiyas) and by the one whom my sole is in his hand (Allah) if you do it (using Qiyas) you will allow the Haram and forbid the Halal 2 As-Sh abi said: Indeed your destroction is when leave Al-Athar (narration), and take Al-Maqyis,
3

Ibn Sirin said: the first one did Qiyas was Iblees (Devil) and both of the Sun and Moon were worshipped because of Qiyas 4

Istehsaan

(like) 5:

Then in the third century, Al-Istehsaan took place in the Muslim community. Istehsaan (like): is a Fatwah given by a Mufti according to whatever seems more suiting to him. 6 This is incorrect because this is following Hawa (desirable opinion, lust, inclination) and making rules in the Deen
Al-Darimi and Ibn Abd Al-Bar in Al-Jama, narrated by authentic Isnaad. Here Using the same liustic style used in the verse, to the nearest meaning: .lest a foot should slip after its stability and you should taste evil [16:94] 2 Al-Darimi and Ibn Abdi-Albeer, by Hassan narration, also Ibn Jareer narrated by a different narration classified as authentic by Ibn Katheer. Ash-Sh abi was well known to reject Qiyas narrated by differe nt narration such as Ash-Sha bi said: the Sunnah was not establisded by Qiyas [At-Tahawi by an authentic narration] 3 Ibn Abd Al-Bar in Al-Jama, Ibn Hazem in Al-Ihkam and as Abu Nae m in Helyat Al-Awliya, narrated by an authintic Isnaad, there many other authentic narrations from Ash-Shabi condemning Qiyas 4 Al-Darimi and Abn Abi Shaybah, Hsaeen narration. A similar saying was said by Al-Hasen Al-Basri. Narrated: Al-Hasen [Al Araf:12], then He (Al- Al-Basri recited the verse: You created me from fire, and him You created from clay. HAsen) said: Iblees (Satan) has done Qiyas and he was the first do Qiyas. [ Al -Darimi and Ibn Jareer, Ibn Katheer ] classified this narration to be authentic
5 6 1

This is the best linguistic translation for the word Isthsaan This is how some of those who accept Istehsaan as an Asl define Istehsaan, i.e. a Fatwah created other than Qiyas, as they find this Fatawh suits more than the Fatwah concluded by Qiyas.

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without any proof. Moreover, opinions always differ in Istehsaan testifying the illegitimacy of Istehsaan to be a source of Deen. We do not know anyone who has relied on Istehsaan before Abu Hanifah and rarely Malik, so they would say according to Qiyas in this Mas alah the Fatwah is such and such, but we Nastahsen (means prefer, like etc) something other than this Fatwah1. The Refutation of legislating by Isthsaan2 It s enough that they say Qiyas is true and then they leave it for Istehsaan!!! And why would Istehsaan of a particular Mufti be more worthy to be followed than another Mufti!!!!! And if the Deen is like this, then it s for everyone to legislate by desire whatever they like. They would try to argue saying: So how do you leave a verse for another verse and a Hadith for another Hadith?? We say: Yes, because in the texts there is abrogation, but there is no abrogation in Qiyas. Some may try to prove it by the Hadith (whatever the Muslims view as good then it is good) but this is not Hadith of Rasulallah, rather is a saying of Ibn Mas ood. However, if it doesn t say some of the Muslims but it says the Muslims and this is the Ijmaa .

Allah says: _

a.()

To the nearest meaning: It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair.

Clearly this verse proves that every adopted opinion by choosing or Istehsaan is false, and also Allah says:

a() 
To the nearest meaning: perhaps you love a thing and it is bad for you

In addition to this, the people of Qiyas differ in Istehsaan, as shafe i disapproves it, as well as At-Tahawi from the Hanafis.
This is how Ibn Hazem defines Isthesaan, but they define it to be: leaving a clear Qiyas for another unclear Qiyas because they see it to be more suitable, mainly by Hanfis, malikis but Shafe is deny it and narrate that Shafe i said who has don Isthsaan he has legislated, and he also said Isthsaan is desire. 2 Ibn Hazem consider Isteslaah/ Muslaha/ Al-muslah-tu-Al-mursalh (Benefit/public interest) as part of Istehsaan, as both of them read to fabricate SharI rullings hasd but just some people find them good to be part of the Deen!!! In our days Muslaha and the opposite of it called as Sedd-Adh-Dhiraa, have been used heavily by different groups, allowing that they like using Maslaha or forbidding that they dont like using Sedd-Adh-Dhiraa, and with no shame they claim that these fabricated rules are from Allah!! The refute of both of these contaminated Usool can be found in details in the major book of Usool (Al-Ihkam) by Ibn Hazem, Ash-Shafi in Ibtaal Al-Isteslaah and others
.(36) (4) .(216) ()
3

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T aleel

(finding the Illah)

Then in the fourth century, T aleel (finding the Illah (reason)) and Taqleed (blind following) took place. T aleel (finding the Illah): is when a Mufti claims that he has found the Illah (reason behind) 1 of a ruling, which has been revealed by a text (Quran or Sunnah). This statement is absolutory incorrect because by claiming this we are conveying on behalf of Allah, which He has not told us - i.e. that Allah has legislated this ruling because of this particular Illah (reason), when in reality Allah does not say that He has legislated a ruling for this particular Illah.

i.e. as Illah is not found in the Quran and the Sunnah but guessed by man

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They have also claimed that it is only because of these guessed Ilaal, the rules were legislated, and then they have actually gone further to say that wherever these Ilaal are found, then the same ruling 1 should be applied. First T aleel started to be adopted by the As-hab 2 of Ash-Shafe i, and then the As-hab of Abu Hanifah and then the As-hab of Malik followed them. As these matters spread and became so common, the Quran and Sunnah were left behind, until the M aroof became Munkar.

The Refutation of T aleel As the people of T aleel claim that Allah and His Rasul stated that matters were legislated for other matters, they try to use these examples to prove T aleel: 3 { }
To the nearest meaning: And there is life for you in retaliation

So the reason behind Qisaas (the Law of equal punishment) is to keep life remaining. They all claim that the Illah of Hudood is restraining life. They also use the Hadith asking for permission (knocking doors) is for the sake of sight 4 It is also clear that they contradict the Illah they claim when they come to the details of Hudood. Indeed, there is no Illah for Hudood, and it is only legislated as a punishment and Kaffarah. Indeed, we don t deny (T aleel) which is stated by Allah and His Rasul 5, but we only deny (T aleel) they have brought from their own minds that which they claim with no proof or evidence, saying on behalf of Allah things He has not said, and stating for His Rasul that which he did not state. The first sin that was committed was a result of doing T aleel for a command from Allah without a text, and not following what is apparent from the command of Allah. This is seen clearly in the quote of Iblis, saying:


_

i.e. the ruling that was legislated by a text, which they claim has the same Illah The word As-hab means companions just like Sahabah. In the early stage of the Muslim scholars, this word used to refer to that which has lately been called At -ba, which means followers. Bukhari, Muslim and others, in this Hadith Rasulallah (SAAW) the Illah has been explicated , which is sight meaning looking through the house. 5 Regarding this issue i.e. when the llah is stated in the text, they all agree that this T aleel is correct. Some of those who deny Qiyas, apply the ruling whenever illah exists under some condition. However, they do not call Qiyas but they we still follow the text in here; an example of this is the Hadith (Bukhari, Muslim) of a tooth should not be used as a knife because it is bone, therefore any bone should not be used as a knife. They also accept another Qiyas Al-Awla or/and Al-Jali, which called Mafhom Al-Muwafaqah ( Fahwal Al-Khitab). Yet Ibn Hazem reject this.
( ) .(20)
6

(3) .(179)

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To the nearest meaning: Your Lord did not forbid you this tree except that you become angels or become of the immortal

As he claimed that the Illah of Allah s prohibition is not to be Malakayn. No Sahabi has used T aleel ever1. To summarise, whenever the Illah is stated by Allah or His Rasul then it s true, but nobody can assume the Illah of any ruling whether it is Haram, Wajib or Mubah without a text.

Taqleed (blind following): is when a Mufti gives a Fatwah for a particular issue according to a Fatwah of certain Imams, and claiming that this Fatwah to be part of the Deen with no proof. How can this be right if the Sahabah, Tabe een and the rest of the Ulamaa disagreed with these kind of Fatwahs, and what would make the Fatwahs of a few Ulamaa more eligible to be followed than Fatwahs of other Imams? Taqleed also happened among the followers of Ash-Shafe i, despite the contradiction between AshShafe i s As-hab2. However, they all (i.e. Abu Hanifah, Malik and Ash-Shafe i) ordered their As-hab not to

- Ibn Hazem said in the previous section that the fist Muslims invented T aleel are the At-ba of Al- Imam Ash-Shafei in the fourth century, he also said in his big book of Usul Al -Ihkam : we are certain that no Sahabi, Tabie , or even Tabe Atabie used T aleel, and no disagreement between them and us about this. 2 This is obviously after, Taqleed to Abu Hanifah and Malik took place, as Imam Ash -Shafei himself suffered from Taqleed particularly in Egypt, as he used to give Fatwah differently to Imam Malik, whose Madhab was dominant in Egypt at that time, and also since Malik was one of Ash-Shafeis teachers. However at the time, the scholars never used to be persecuted for not adopting Taqleed, as it became later on.

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follow them but they (i.e. the followers) did not obey their teachers. As a result of this, you would find that every group would argue with the other using the sayings of their Imams as a Daleel. The Refutation of Taqleed 1 It is enough to know that each group of the people of Taqleed is on Baatel (falsehood), seeing that they all agree that Taqleed is not allowed. Yet they contradict themselves by being Muqaleen (followers) to their Imam such Malik!!! Simply, they are Muqalideen because they never leave following the sayings of their Imams, and indeed, this is the reality of Taqleed. So how do they say Taqleed is false and then bond themselves to it??? They also agree with us that the Sahabah and the Tabe in, never used to follow each other in every Fatwah (so that s their Ijmaa ). Therefore, the person who would follow Abu Hanifah, Malik or Shafe I in every Fatwah and never disagree with them, then he has gone against the Ijmaa . In fact, Taqleed was invented in the Fourth century2 We also ask them: What the early Muslims used to do before the above Imams? These Imams have also prevented people from following them (during their life)!!!! So the Muqalideen should prepare their answer (for the day) when Allah will ask them: Have I ordered them to follow these Imams?? If they say: we can t do Ijtehad and for this reason we have to do Taqleed - then they have lied. How is it that it is difficult to ask what the ruling of Allah and the ruling of Rasulallah is?? Search and investigate the Sanad3 and research for the Nasakh (abrogator) and the Mansukh (abrogated)4 Some may try to approve Taqleed by the verse Allah says:  _

To the nearest meaning: ask the people of the reminder

Therefore, we reply: the word Dhiker here also refers to Sunnah as Allah says in another verse:


_

a

To the nearest meaning: We have revealed to you the Reminder that you make clear to humankind what has been revealed to them

So we are commanded to ask the scholars about the Dhiker (Quran & Sunnah) which they should be carrying1, not their opinion.
This refutation includes doing Taqleed on any individual or group, whether it is a classical or a modern scholar, including Ibn Hazem himself, where your proof is the scholar/s said with no Daleed form the Quran or the Sunnah. 2 i.e. they used to seek the Fiqh form Quran and Sunnah and not Taqleed to each other, however the later generations left Quran and Sunnah and relied on Taqleed which they have invented. 3 Sanad is the chain of the narrators who report the text in the Hadith all the way up to Rasuallah (SAAW) 4 here he says what is needed to make Ijtehad
(5) .(7) (6) .(44)
1

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Narrations Refuting Taqleed Ibn Abbas said Ma wyah asked me: Are you on the Millah of Ali? so I replied: No by Allah, neither on the Millah of Uthman, indeed I am on the Millah of Rasulallah 2 Ibn Mas ood said to his companion: How would you be when a Fitnah takes over you? The young would grow in it and the adults will die in it, and the Fitnah it will be taken as Sunnah. And if you try to change some of it, they ll say: Are you changing a Sunnah ? So they asked him: When would this be? He said: When your Quraa (Quran Haafidh) are many but your scholars are few, and when your leaders are many but your trusty are few, and you begin to seek the Dunyah (This life) by the Akhirah (next life) 3 Ibn Abbas said: everybody s word is taken and ignored except Rasuallah
4

Salim (the son of Ibn Omar) said: Ibn Omar was asked about Tamatt u in Hajj and he advised to do it. Then it was said to him: so you disagree with your father!!!!......... and if they insist on him he would say: Is the Book of Allah more deserved to be followed or Omar. 5 U mar Ibn AbduAl-Azizez wrote to Abi Bakr Ibn Hazem (saying): look for the Hadith of Rasul Allah SalaAllah Aleh waSallam and write them, that indeed I am afraid of the knowledge become forgotten and the departure of the scholars. And do not accept anything other than the Hadith of Rasul Allah SalaAllah Aleh waSallam. 6 Mu ad Bin Jabel said: verily the scholar, if he is guided then don t follow him in your Deen and if 7 made a mistake don t stop having hope in him (to return) Ibn Abbas said: Woe to the followers from the mistakes of the scholar , then it was said to him: how is this? He replied: the scholars would say from his Ria, later he would receive (Hadith) and adopt it, yet the follower would take which they have heard for him (his Rai). 8 Al-Hakam said: Everyone you would take and reject for his saying except Annabi SalAllah Elay wa Salam. 9 M an Ibn Esaa said: I have heard Malik saying: indeed I am human, I make mistakes and I , so look in my opinion, and whatever match the Book and the Sunnah, so take it and whatever doesn t match the Book and the Sunnah leave it. 10 And this is one of the best advice of Malik if they accepted!!!!

This is because the Ulama (scholars) inherit the Ilm from the prophets as it is stated Abu Nae, in AHelyah Al-Awliya, by an authentic narration 3 Al-Darimi 187, by an authentic narration, also Al-Hakem in Al-Mustadrk authentic, Ibn Abi Shybah, Abdur-Rezzaq, AlByhaqi in Shua b Al-Iman and Abu Nae m in Helyat Al-Awliya 4 Al-Tabarani, in Al-mu jem Al-Kabir, by an authentic narration 5 Al-Bayhaqi in As-Sunaan Al-Kobrah, narrated by authentic and reliable narrators 6 Al-Bukhari 7 Abu Nae m, Helyat Al-Awliya and he said authentic, also At-Tabrani in Al-Mu jam Al-Awsat 8 Ibn Hazem in Al-Ihkam by authentic and reliable narrators 9 Ibn Abd Al-Bar in Al-Jama and Ibn Hazem in Al-Ihkam, narrated by authentic and reliable narrators 10 Ibn Abd Al-Bar in Al-Jama, narrated by reliable narrators
2

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Conclusion It is impossible for us to be ordered by Allah to do Qiyas, T aleel, Rai or Taqleed. When Allah does not clarify to us the following: What is Qiyas? What is T aleel? What is Rai? How to do it? According to what things could we do Qiyas? Using what method should we do T aleel? Whose opinion should we accept? Who should we do Taqleed to? Because all of these unanswered questions, using Ria, Qiyas, Ta leel and Taqleed would be a burden for what we are not capable of1, and only by Allah can we be successful.

Here Ibn Hazem summarized all the Usool that cannot be accepted to find the rules of Al lah and showing that Allah explains none of these Usool, and if they were from Allah, then these Usool should have been clarified by Him. As these Usool are not from Allah then they remain unclear to those who consider them to be Usool. They between

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themselves differ in defining all of these Usool and even when they agree on the method, they differ in the concluded Fatwahs, showing that they human made rulings.

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