Choices For Students & Laymen in Fiqh: Ijtihaad, Tarjeeh, Mathabi/Non-Mathabi Taqleed, or Ittibaa'?

[hearandobey]

assalamu alaykum,

i have the opportunity to study hanafi fiqh with a renowned scholar but i wanted to ask you some questions/guidelines about studying fiqh...

firstly, i've never followed any madhab. i've always been "salafi" if that's the right way to put it.

if i study hanafi fiqh with a shaykh, am i required to continue studying that madhab only or to follow it, since i know it's rulings?

the text will be mukhtasar al-qudoori... is it good? or are there things said about it?

any other advice you could give about studying fiqh based upon a madhab, would be much appreciated!

jazakAllahu khayran

[hearandobey]

bump..... az?

[Umm Ahmed]

He is busy , he will answer eventually InshaAllaah.

[Anikaa]

No offence intended, but what kind of status does abuz zubair have? Is he a shaykh? Or just a knowledgeable brother a lot of people like asking questions to?

[Yasir]

wa’alaikum as-salaam,

I think it’ll do you good insha’Allah, as it’ll give you an informative glimpse into the richness of a madhab and the depth of their arguments.

Are you using a particular sharh for al-Qudoori? Will you also be reading some Usul?

[saqqid qutb]

why dont you ask a scholar,instead of always asking abu zubair.he aint a scholar.so his studied abit,wow,many brothers have gone abroad and studied,doesnt make them scholars

[Adnan Jalaal]

Well, he could have asked many people. But he chose Abuz Zubair. What is the problem? If Abuz Zubair is an appropriate and a reliable person, than people can ask him as they wish. Stop trying to create animosity among people.

[hearandobey]

jzk bro adnan, i'm a sister btw.

and yes i decided to ask him since he was the one that translated quotes from classical scholars regarding laymen and following a madhhab (ie. taqleed) and i thought since this topic is related why not ask for general advice?

[Abuz Zubair]

if i study hanafi fiqh with a shaykh, am i required to continue studying that madhab only or to follow it, since i know it's rulings?

You are only required to follow that which you believe to be the truth. All madhabs have element of truth in them, so where a madhab differs with the truth, you leave the madhab for the truth. In issues where you aren't certain you may follow the madhab. The madhabs are only there to facilitate for us the learning of fiqh and not to form a religion within a religion.

the text will be mukhtasar al-qudoori... is it good? or are there things said about it?

Yasir is the best person to answer, iA.

[Harris Hammam]

You are only required to follow that which you believe to be the truth. All madhabs have element of truth in them, so where a madhab differs with the truth, you leave the madhab for the truth. In issues where you aren't certain you may follow the madhab. The madhabs are only there to facilitate for us the learning of fiqh and not to form a religion within a religion.

That was stating the obvious. Of course a Muslim is required to follow the truth.

But to say that one should leave a Mazhab for the truth is shocking. Give us one concrete example where a Mazhab has not corrected itself via its later scholars, or has remained on Batil for 1200 years.

Or maybe you are referring to your personal Tarjihaat. In that case, the truth is not constrained to what you think. The truth (Allah's intended law) in most fiqhi issues shall never be found out until Qiyaamah. Bring us an example where the truth is clear but the Mazhab (or, more precisely, the muftaa bihi of the Mazhab) has failed to identify it for 1200 years.

As for when you talked about certainty and uncertainty, this does not give you the right to follow what you think is certainly right and leave what is certainly worng according to your own standards. What if your convictions contradict an authentic Hadith or consensus? What do you follow then?

When one has the capacity to do Ijtihad and Tarjih, AND one is sure of not falling into Talfiq, then only should one consider doing so.

These neo-Mujtahid Salafis we see today are not even aware of the basic Usool of fiqh. They blast out slogans of anti-Taqlid, but then fall into Talfiq without realising. A person MUST start off with ONE whole school in its entirety and master its fiqh and usool before venturing out to other legal systems.

I could say a lot here, but I shall leave it at that.