I appreciate texts that give me the rulings of various Imams and scholars on a particular issue, along with their proofs and reasonings. Then I can read, and made a decision for myself which is most convincing.

http://www.dorar.net/art/409

JazakAllah khair. Very useful in understanding fiqh.

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I think I agree with you both that the tone of the article was a bit too decisive. In fact, while translating, I felt the author could have been a bit more flexible allowing room for other factors (e.g. changes due to locality). I’m not sure if the author took the time to study each issue where Imam al-Shafi’i changed his opinion and made sure that change of locality was not a factor! Anyway, he seems to rely on strong statements from experts in al-Shafi’i school such as Imam an-Nawawi which affirm his opinion, and that may have made him make such bold conclusions and Allah knows best.

I don’t think the author is the son of Habib Abdul-Qadir as-Saqqaf who died recently.

The full name of our author is Alawi bin Abdul-Qadir bin Mohamed bin Hadi as-Saqqaf

The full name of the person you both are referring to is Abdul-Qadir bin Ahmad bin Abdur-Rahman as-Saqqaf.

Who you do mean? I never stated that somebody/ scholar should embarrass someone publicly!

”Right. Are most issues black & white and clear-cut? So if someone does not agree with you and doesnt see the ‘facts’ the way you see them then you jump to judging their intentions by accusing them of ‘following desires’.”..

”How would this scholar feel if he made a mistake and someone else said about him that he is ‘ignorant’ or ‘following desires’?”

Well, say if a hadith or an ayah IS clear-cut about an issue then why would someone want to ignore it ? The scholars that I see/listen to humbly accept each other’s corrections and reiterate that the Quran and Sunnah are more important than anybody’s views or opinions.
Moreover I was merely trying to answer your open question and was not speaking about myself, so Inshallah there is no need to attack anyone.

I think there could be one of two things when someone who is supposed to be Qualified, a scholar, misjudges.That ‘s my opinion . If a great scholar like Imam Shafi’ (ra) acknowledges his mistake and admits that he was ignorant of something ( and Allah swt is All- Knowing) after he was shown a hadith/evidence then it shouldn’t be a problem for us.

”We need to learn to treat each other with respect. The sunnah is to treat each other the way we would like to be treated.”

Agree. Inshallah we practice the Sunnah as you say and return each others Salaams :)

Here is the link:

http://www.dorar.net/art/409

enjoy,
Anas

Jazak Allah khayran Shaykh Anas for translating. Could you possibly post (a link to) the Arabic?

I think an important point is missing or needs clarification:

There is a difference between “fatwa” and “hukum”. The examples the sheikh gave are clear-cut ahkaam from the Quran and Sunnah that local custom cannot change. For instance, using gold/silver or washing the utensil after a dog has licked from it are clearly defined in the texts. The reason why a scholar may change his ruling when moving from one region to another is because he has come across new ahadith or corroborating narrations which he did not have previosly. This explains why rulings of the various madhaahib are different: each scholar lived and travelled in different regions of the Muslim world and thus came across different ahadith.

A fatwa however is a ruling often applied to a novel situation and may take into account local circumstances. An example could be whether to combine maghrib or isha in northern countries where the sun doesn’t set fully. I feel this article did not properly distinguish between these two terms and gives the impression that ALL rulings are written in stone without local adaptation.

Another way of looking at this is that Islamic rulings are of two types: Non-changeable (muthaabit) and changeable (mutaghayyiraat). Non-changeable rulings imutable such as salat, tahaarah, etc. which are clearly defined for everyone at all times. Changeable rulings such as forms of government, dress, etc. are defined by general priciples in the Quran and Sunnah but details can be adapted to local custom.

Allah knows best.