Tuesday, March 07, 2017

Q&A – The Shari Way of Adopting in a Mas-ala

Question: I am aware regarding the Shari way of adopting an issue that it is undertaken in one mas-ala and that it is not allowed to break a mas-ala into seperate masaa-il. So for eg salah and those issues related to it would be considered as one mas-ala. Is this view based on a dalaeel and who from the Fuqaha have said this view. And is this view adopted by the party and if not what is the official adopted view of the party on this issue?
Answer
The issue of the shari adoption in a mas-ala and how it is undertaken is an ikhtilafi matter. A group of scholars viewed that the Ajza’a (parts) of a Hukm such as salah each constitute as an individual mas-ala. So they said that Wudhu is a Mas-ala and they said that Salah is a Mas-ala and Taharah is a mas-ala. So the Muqallid Mutabi’i adopts in each issue based on his conviction in the daleel and he is not bound to follow one particular Mujtahid in the issue.
Some of these scholars even considered that the Arkan of salah such as Qiyam, Qiraa, Rafa yadain, Rukoo , Sajda and so on , each was an individual Hukm and that the Mutabii would adopt based on his conviction in the daleel in each particular issue.
However , Shekh Taqiuddin did not hold this view and the adopted view of the party is different to the above. This is what we have discussed at various instances and this is re-iterated by the party in its literature at different instances including in Shaksiya volume 1 and also in a Question & Answer which Shekh Taqiuddin answered.
It is mentioned in the book Shakhsiya volume 1 under the chapter of – Migrating from one mujtahid to another on page 248 of the Daralilm printed Edition
However, it should be made clear that the issue (mas-ala) for which it is allowed for him to leave the hukm that he has been following for another hukm, it is stipulated that the mas-ala should be separate from other questions, and that leaving it does not entail infringement of other Sharī’ah rules. As for when the mas-ala is connected to other masail (sing:mas-ala) then it is not allowed for him to leave it unless he leaves all the masail connected to it, because they are all considered as one mas-ala. For instance; if the mas-ala was a condition in another hukm, or one of the pillars (arkan) of a complete action such as the prayer (salah), wudu (ablution) and pillars (arkan) of the Salah. Thus, it is not correct for a Shafi’i to follow Abu Hanifah’s opinion that touching the women does not invalidate the wudu and continue praying according to the mazhab of al-Shafi’i. It is not right for him to follow the one who takes the opinion that constantly moving in prayer (to whatever extent this may be) does not invalidate the prayer or that the recitation of the Fatihah is not one of the pillars of prayer and then he continues to pray as a muqallid of the one who holds the opinion that constantly moving in prayer does invalidate it or that the Fatihah is one of the pillars of the prayer. The hukm one is allowed to leave is that whose relinquishment does not affect the actions which are undertaken according to other Sharī’ah rules
So the adopted opinion of the party is the one discussed in the Book shakhsiya volume 1 and according to it the Salah and its related matters i.e Wudhu, Taharah, And the Arkan of Salah are all considered as one single Mas-ala and not independent Masaa’il. This is the offficial adopted view of the party on this subject. Please refer to page 248 of Shakhsiya 1 for further clarification.

AbuKhaled AlHejazi

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