FYI
 
From: Abdul Khaleq   
Sent: Thursday, June 10, 2010 12:49 PM
To: 'hsmoudi'; zahidbhutta
Cc: 'abdulkadar'
Subject: RE: 30 Allegations Against Hanafi Maslak (Must Read)
 
Please see below the period of Imam Abu Hanifa and the period of the
books of Fiqah Hanafi.

Period of Imam Abu Hanifa R.A 80 – 150 Hijri

Books of Fiqah Hanafi

Name of the book   written by Year (H)

1. QUDURI                                   Ahmed Bin Mohammed Bin Ahmed Baghdadai             428

2. HIDAYA                                    Burhanuddin Ali Bin AbiBakr                                          593

3. MINIYATUL MUSALLI         Badruddin Kashgari                                        600

4. KANZUL DAQAIQ                 Abdullah Bin Ahmed                                         710

5. SHARAH AL VIQAYAH         Abdullah Bin Masood Mahboobi                           745

6. DUR ALMUQTAR                  Mohammed Alauddin Sheikh Ali                               1071

7. FATAWAH ALAMGIR           Aurangzeb                                           1118
 
As evident from above, these books of Fiqah Hanafi were written several years after the period of Imam Abu Hanifa R.A. Issues of Fiqah discussed in these books cannot be traced back to Imam AbuHanifa by a reliable chain of narration. Even if it were from Imam AbuHanifa, it cannot be something to be followed blindly especially he lived in a period when very few Ahadith were compiled. The fact that 2/3 of his fatawahs were amended by his own students, proves that he was neither perfect in the knowledge of Hadith nor did he ever claim to be. He himself said “ if you find anything of mine in contradiction to the sahih Hadith, then cast my word against the wall and take the Hadith”. This is what we should do including our scholars. This is the true Madhhab of Imam AbuHanifa R.A.

It is time to wake up from this deep slumber and follow the path of Quran and Sunnah, as followed by salaf saliheen, learn from scholars of Quran and Sunnah, not the prejudiced and Muqallid scholars. Otherwise our deeds will be destroyed.

Allah Subhhanwatala says in Quran

“Obey Allah (Quran) and obey the prophet (Sunnah) and DO NOT DESTROY
YOUR DEEDS.” (Sura Mohammed 47 :32
 
From: Abdul Khaleq [mailto:abdulkhaleq]
Sent: Wednesday, June 09, 2010 5:03 PM
To: 'hsmoudi'; zahidbhutta
Cc: 'abdulkadar'
Subject: 30 Allegations Against Hanafi Maslak (Must Read)
 
Assalam Aalikum,
 
In the name of Allah, most gracious and most merciful, All praise be to Allah, peace and blessing be on our beloved Prophet Mohammed sallellahu Alaihiwasallam

Some people try to prove that Fiqah Hanafi is also in accordance with Quran and sunnah. They quote few examples to illustrate the point. No one says that everything in Fiqah Hanafi is wrong. At the same time, it is equally not correct to say that if you stick to Fiqah Hanafi, your deeds will be in line with the sunnah of prophet sallellahu Alaihiwasallam. This is the greatest myth prevailing among Muslims today in the name of Taqleed. The scholars have taken advantage of the ignorance of the Ummah and kept them in dark for centuries. Still, Haq is around us, and will remain till Qiyama It is time to open our eyes and see what is really in the books of Fiqah Hanafi.

The great Imam has neither left behind any book nor did he intend to make his teachings binding on his followers. On the contrary, he always forbade his students from writing down his teachings, for he
was not sure whether they are in accordance with the Sunnah. He gave rulings according to the knowledge that reached him at that time, and did his best Ijtihad when Hadith was not available. Majority of the knowledge of Ahadith was compiled after the death of Imam Abu Hanifa R.A. To illustrate this point, it is worth mentioning that about 2/3 of Imam’s teachings were later amended by his 1st generation students when they found them contradictory to the authentic Hadith that became available later. For example Saalat Al Istisqa (rain prayer) not
supported by Imam AbuHanifa was later added in the light of hadith that became available later.

But this spirit of flexibility to amend the teachings of the Imam in light of Quran and Sunnah did not last long. The later generation scholars who came during the morally deprived Abbasi Khalifas adopted
a rigid attitude and started competing with each other in compiling the Fiqah books. This is what we are following today in the name of Imam AbuHanifa R.A and there is no such Fiqah left behind by Imam AbuHanifa R.A.

The purpose of this  is to bring the facts to light and establish the hujjah on the day of resurrection but not hurt any body’s sentiments. Sentiments will not help us to escape from the hell fire.

In fact Fiqah Hanafi is far from sunnah of the prophet sallellahu Alihiwasallam as evident from the following fatawahs quoted from the books of Fiqah Hanafi. Now discover what is in these books. Can this
be in accordance with Quran and Sunnah? Imam Abu Hanifa is free from all these fatawas of misguided Hanafi Ulama.

1. In one has intercourse with alive or dead animal or a minor girl, ablution will NOT be void. (Dur Al Muqtar vol -1 ; page 83)

2. If anyone has intercourse with a dead woman or minor girl or an animal, then his fasting will not be broken. (Dur Al Muqtar, book of fasting , vol-1,page 567)

3. If anyone satisfies his desire by masturbation, there is no kaffara for his fasting. (HIDAYA ; book of fasting, vol-1, page – 219)

4. If any person falsely claims that a particular woman is his wife and produces false witness to prove it and wins the case, the that woman becomes his wife. (Fatawh Alamgir – 350 / 3)

5. If prayer is ended by passing the wind (Farting) instead of Tasleem, then it will be acceptable. (HIDAYA; book of Salat ; chapter on Hadas fi salat; vol -1 ; page 130)

6. It is not allowed to pray while carrying a child. (In fact it is allowed and proven by Hadith), where as it is allowed to pray while carrying a dog. (Dur Al Muqtar , Book of Tahara, vol-1, page -153)

7. If human excreta or any other impurity sticks to the finger, then it can be purified by licking it three times. (Behashti Zewar, Part-2; masla – 26; page -5 / Fatawa Alamgir – vol -1 ; page-61)

8 Fiqah Hanafi allows non Muslims to enter the Haram of Makkah. Allah Subhhanwatala says “O ye who believe! Truly the pagans are unclean; so let them not after this year of theirs approach the Sacred Mosque”. But Fiqh-Hanaffiyah says that there is no harm if the Dhimmi non believers (non believers under the protection of Islamic government) enter the Masjid Al Haram (see Hidayah Al Aakhireen; page - 472). This means all non-beliebvers entering Saudi Arabia on a proper legal VISA are eligible to enter the grand mosque of Makkah. Brothers, How can we permit something that Allah has prohibited?

11. Regarding selection of Imam to lead the prayer, Fiqah Hanafi says the one with the beautiful wife is more eligible: First let us see what the prophet sallellahu Alaihiwasallam says about selecting the
Imam. Narrated Abu Masud Al-Ansari, Allah’s Messenger (peace be upon him) said: The one who is most versed in Allah's Book should act as Imam for the people, but if they are equally versed in reciting it, then the one who has most knowledge regarding Sunnah; if they are equal regarding the Sunnah, then the earliest one to emigrate; if they emigrated at the same time, then the earliest one to embrace Islam. No man must lead another in prayer where (the latter) has authority, or sit in his place of honor in his house, without his permission. Ashajj in his narration used the word "age" in place of "Islam" (Sahih Muslim; Kitab –Salat: 1420). However, Fiqh-Hanafiyyah says the following on how to select Imam. The Imam should be the one with good character, then the one who is handsome, then the one with good lineage, then the one with good voice, then the one with beautiful wife, then the one who is wealthy, then the one with high status, then the one with
 clean clothes, then the one who has big head, then the one with small parts of the body. (Rad Al Mokhtar 1/375). There is not even a mention of good recitation of Quran or knowledge of Islam as required qualification for Imam, but instead the Fiqh has given preference to the one who has a beautiful wife. This is the state of ignorance of today’s Muslims.

12. Fiqh-Hanafiyyah says Madina is NOT Haram (Rad Al-Mohtar) where as Prophet Mohammed peace be upon him declared Madinah as Haram and forbade cutting of trees in it in the following Hadith. The Prophet peace be upon him said, "Medina is a sanctuary from that place to that. Its trees should not be cut and no heresy should be innovated nor any sin should be committed in it, and whoever innovates in it an heresy or commits sins (bad deeds), then he will incur the curse of Allah, the angels, and all the people." (Narrated by Anas ; Sahih Al Bukhari; Chapter on virtues of Madina )

13. Contradictions in Haram (prohibited things) and Halal (permissible things): What is declared Haram by the Prophet peace be upon him is made permissible in Fiqh-Hanafiyya. For example, “The Prophet peace be upon him prohibited taking the price of a dog, the earnings of a soothsayer and the money earned by prostitution. (Narrated by Abu Masud R.A; Sahih Bukhari 7:258; Book of divorce). While the Prophet peace be upon him forbade the price of a dog, Fiqh-Hanafiyya allows not only trading of dogs but makes it makes it lawful to slaughter and the sell the meat of a dog. It goes further to say that one can slaughter and ...

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Bismillaahir Rahmaanir Raheem

Assalamu Alaikum wa Rahmatullahi wa Barkatuh

Brief overview of the madhhab of Imam Abu Haneefah
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.
For more information please see questions no. 5523, 13189, 23280, 21420.
See also al-Madkhal ila Diraasat al-madaaris wa’l-Madhaahib al-Fiqhiyyah by ‘Umar al-Ashqar

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Date: Thu, 10 Jun 2010 08:58:11 +0000
From: khaleq_...@yahoo.co.uk
Subject: ♥♥(°TaNoLi°)♥♥ 30 Allegations Against Hanafi Maslak (Must Read)
To: MasjidNa...@yahoogroups.com; mshoaibtanoli@googlegroups.com; mujeebaul...@yahoo.com; fa...@binoria.org; i...@darululoom-deoband.com

 FYI

From: Abdul Khaleq  
Sent: Thursday, June 10, 2010 12:49 PM
To: 'hsmoudi'; zahidbhutta
Cc: 'abdulkadar'
Subject: RE: 30 Allegations Against Hanafi Maslak (Must Read)

Please see below the period of Imam Abu Hanifa and the period of the
books of Fiqah Hanafi.

Period of Imam Abu Hanifa R.A 80 – 150 Hijri

Books of Fiqah Hanafi

Name of the book   written by Year (H)

1. QUDURI                                   Ahmed Bin Mohammed Bin Ahmed Baghdadai             428

2. HIDAYA                                    Burhanuddin Ali Bin AbiBakr                                          593

3. MINIYATUL MUSALLI         Badruddin Kashgari                                        600

4. KANZUL DAQAIQ                 Abdullah Bin Ahmed                                         710

5. SHARAH AL VIQAYAH         Abdullah Bin Masood Mahboobi                          
...

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