and what is the meaning of "Ouli el Amr"?
This article is in response to a man that asked the question......Why is Following the Other Madhhab a Punishable Offence Question Some ahl-e-hadith pointed out this to me: Following the Other Madhhab is a Punishable Offence “If someone is a Hanafee and becomes a Shafi’ee, then his witness will not be accepted” (Durr Mukhtaar (Urdu Trans.), vol.3, p.297) “When a person switches from one Madhhab to another Madhhab, he shall be inflicted with Ta’zeer.” (Durrul Mukhtar) Ta’zeer refers to punishment meted out by an Islamic court. Such punishment may either be flogging or imprisonment.” Kitabul-Imaan p.73. Q. Is this true? If so, isn't that too harsh as all mazahib are within ahle sunnat?
In the name of Allah, Most Gracious, Most Merciful Assalaamu `alaykum waRahmatullahi Wabarakatoh It is true that all four mazahib are right, and following any one of them is permissible in order to follow Shari’ah. However, a layman, who lacks the ability to distinguish the arguments of each mazhab, cannot be allowed to pick and choose between different views only to satisfy his personal desires.
The Holy Quran, in a number of verses, has emphatically ordered us to follow the Shari’ah, and has made it strictly prohibited to follow the personal desires. The Muslim jurists, while interpreting the sources of Shari’ah, never intend to satisfy their personal desires. They actually undertake an honest effort to discover the intention of Shari’ah and base their mazhab on the force of evidence, not on the search for convenience. They do not choose an interpretation, from amongst the various ones, on the basis of its suitability to their personal fancies. They choose it only because the strength of the proofs leads them to do so.
Now, if a layman, who cannot judge between the arguments of different mazahib, is allowed to choose any of the juristic views without going into the arguments they have advanced, he will be at liberty to select only those views which seem to him more fulfilling to his personal requirements. This attitude will lead him to follow his desires and not the guidance. Such a practice is totally condemned in Quran.
Therefore, when one selects a particular mazhab, he should adopt it in all matters with all its details. He should not pick and choose between different views for his individual benefit. Contemporay Fatawa – Justice Muhammed Taqi uthmani Pg:325 (Idara-e-Islamiyat) The words of Durrul Mukhtar, mentioned in the query have been clarified by Allamah Ibn Aabideen in his sharah, Raddul Muhtar. He explains that switching from one mazhab to the other is not permissible and is a punishable act, when it is done for worldly reasons or to fulfil one’s desires.
There is no harm in changing from one mazhab to the other for a reason that is valid in Shari’ah. For example, it is not permissible for a person to change his mazhab in order to get married to a woman from another mazhab. The nikah of this person will be valid, but he is liable for ta’zeer and his witness will not be accepted, as he had taken the matters of Deen lightly, in order to achieve a worldly benefit.
Raddul Muhtar Vol:4 Pg:80 (H.M. Sa’eed Company)
ارتحل إلى مذهب الشافعي يعزر سراجية .
مطلب فيما إذا ارتحل إلى غير مذهبه ( قوله ارتحل إلى مذهب الشافعي يعزر ) أي إذا كان ارتحاله لا لغرض محمود شرعا ، لما في التتارخانية : حكي أن رجلا من أصحاب أبي حنيفة خطب إلى رجل من أصحاب الحديث ابنته في عهد أبي بكر الجوزجاني فأبى إلا أن يترك مذهبه فيقرأ خلف الإمام ، ويرفع يديه عند الانحطاط ونحو ذلك فأجابه فزوجه ، فقال الشيخ بعدما سئل عن هذه وأطرق رأسه : النكاح جائز ولكن أخاف عليه أن يذهب إيمانه وقت النزع ؛ لأنه استخف بمذهبه الذي هو حق عنده وتركه لأجل جيفة منتنة ، ولو أن رجلا برئ من مذهبه باجتهاد وضح له كان محمودا مأجورا . أما انتقال غيره من غير دليل بل لما يرغب من عرض الدنيا وشهوتها فهو المذموم الآثم المستوجب للتأديب والتعزير لارتكابه المنكر في الدين واستخفافه بدينه ومذهبه ا هـ ملخصا .
Raddul Muhtar Vol:5 Pg:481 (H.M. Sa’eed Company)
ولا من انتقل من مذهب أبي حنيفة إلى مذهب الشافعي رضي الله تعالى عنه
( قوله من مذهب أبي حنيفة ) أي استخفافا .
قال في القنية من كتاب الكراهية : ليس للعامي أن يتحول من مذهب إلى مذهب ، ويستوي فيه الحنفي والشافعي ، وقيل لمن انتقل إلى مذهب الشافعي ليزوج له أخاف أن يموت مسلوب الإيمان لإهانته للدين لجيفة قذرة . وفي آخر هذا الباب من المنح : وإن انتقل إليه لقلة مبالاته في الاعتقاد والجراءة على الانتقال من مذهب إلى مذهب كما يتفق له ويميل طبعه إليه لغرض يحصل له فإنه لا تقبل شهادته ا هـ . فعلم بمجموع ما ذكرناه أن ذلك غير خاص بانتقال الحنفي وأنه إذا لم يكن لغرض صحيح ، فافهم ولا تكن من المتعصبين فتحرم بركة الأئمة المجتهدين ، وقدمنا هذا البحث مستوفى في فصل التعزير فارجع إليه .
And Allah knows best Wassalam Ml. M. Jawed Iqbal, Student Darul Iftaa Checked and Approved by: Mufti Ebrahim Desai Darul Iftaa, Madrassah In'aamiyyah....Askimam.com
Elhamdoulellah and Allah's salaah(showers of nearness of mercy) and salaam(peace) are upon Rasoul-Allah.
The word "Ouli el amr" was mentioned in Quran karim twice. (in the sourah no.4 verse 59 and verse 83.) the word "Ouli" is in plural and means; possessors of, ones of or owners of.. and "al amr" is the command, matter or affair or authority. Thus "Ouli el amr" means the possessors of command/matter or ones of authority.
before we listen and try to understand the words of Allah in the verse 4:59 we will need to listen to one verse before it to understand more; (4:58-59)
"Indeed, Allāh commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allāh instructs you. Indeed, Allāh is ever Hearing and Seeing. O you who have believed, obey Allāh and obey the Messenger and those in authority(Ouli el Amr) among you. And if you disagree over anything, refer it to Allāh and the Messenger, if you should believe in Allāh and the Last Day. That is the best [way] and best in result."
We will notice the following; 1)Allah is commanding the ones who have the opportunities of judging to judge with justice. beside returning the trusts to its people.. and that is the best instruction/manual from our Lord(creator and guide and provider...etc). 2)Then Allah is speaking to the believers commanding them to obey Allah and the Messenger and Ouli el Amr. 3) Then Allah is telling us that if we disagree about anything then we should refer/return it to Allah and His Messenger.. and that doing this is good and better ta2weel(interpretation/result). and that the ones who believe in Allah and the Last day will do so.
Ouli al amr have two meanings; 1.they are the leaders (but) who do not command disobedience to Allah since there "should be no obedience to a creature in the disobedience of the Creator." as this verse was descent when one of this leaders in one of the battles was telling his group did not the prophet command you to follow me 2.(second meaning of ouli-el-amr) they are the ones with Knowledge of Quran and sunnah, and that is why in the rest of the verse it said; "But if you disagree about anything then refer it to Allah and His Messengers" and that is by two meanings a)to draw correct conclusion from Quran(words of Allah) and sunnah(model of the prophet) or b) or to say "Allah and His Messenger knows better" when we do not find a Nass/statement of Quran, nor in hadeeth, nor in Jama3a/group of muslims agreement.
and we will understand better when we listen to the second verse which mentioned ouli el amr;
"And when there comes to them information about [public] security or fear, they spread it around. But if they had referred it back to the Messenger or to those of authority(ouli-el-amr) among them, then the ones who [can] draw correct conclusions from it would have known about it. And if not for the favor of Allāh upon you and His mercy, you would have followed Satan, except for a few."
we will notice the following; 1)some of the muslims were spreading some matters/news about security or fear while the war/battles which is not good.. as they are spreading news which might harm(as the enemy of islam spy).. 2)but they should not spread anything of security or fear unless it is returned to(approved by) the Messenger or to/by ouli-el-amr. 3) If they did so(refer/return/approved the matter to Allah and ouli-el-amr), then the ones who can draw the correct conclusion from that matter would have known it. yastanbitouna-hou, yastanbitoun the matter. yastanbit in the language means; to bring the water from the underground. or to bring the correct meaning/conclusion from the inside/depth of Quran and Sunnah.
Thus the meaning of ouli-el-amr here also might carry the meaning of the righteous princes/leaders who might obtain the optimum thing to do depend on the matter regarding war or peace.. or the knowledgeable who also might obtain the correct command for the different issues from Quran and Sunnah. and those are the ones9ouli el amr) that we should obey/follow.
and Allah ta3ala and His Messenger salla Allahou 3alayhi wa sallam knows better. Al salaamou alaikoum.