Zalaat-ul-Ulemah - The Juristic Errors and Mistakes of

the (Muslim) Scholars

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One of the meanings of Zalaat is when someone is walking and trips over unintentionally
or accidentally.

Labeed ibn Rabia (one of the best Arab linguists) said (defined Zalaat), "Al-Zalah is to go
below the level." [Mu'jamal Buldaan volume 4 p.108]

Throughout history all Islamic scholars have been known to change their opinions or
verdicts for a variety of reasons, to the extent they would pay to send criers to the
marketplaces to make an announcement of their change, just to inform the people. This
inconsistency is something that is healthy and not a defection if it is done to get closer to
Allah (SWT). Imam Abu Hanifah [d.150H] would give one answer in the morning and
for the same case have a different answer in the evening. This was because he had come
across authentic relevant evidence that would shine more light on the subject thereby
giving a new verdict.

An example of this is 9/11 many qualified people initially felt it was something that could
not be legislated from the Shariah and started to denounce it. However, as soon as the
Islamic proofs (i.e. Qisas - law of reciprocity) were presented only the sincere scholars
started to retract from their positions. The scholar that is consistent needs to be
scrutinised; Sheikh-ul-Islam Ibn Taymiyyah [d.728H] said if such a case exists then at
least one out of two conclusions can be drawn

1. The person thinks he is infallible and can never make a mistake.

2. The person has stopped studying the Deen and think they know it all.

Imam Awza'i [d.179H] said, "Zalaat-ul-Ulemah is to be diverted from the right thing via
Ijthihaad from any topic away from its correct foundations and principles i.e.
unintentionally."

Another example is to do with the great Imam Abu Hasan Al-Ashari [d.324H] who had
three phases during his life; the first phase which lasted for 40 years consisted of
preaching the Manhaj of the Mu'tazillah (rationalists); the second phase which lasted for
5 years was spent promoting the Manhaj of the Muowillah (interpretators); the last year
of his life (some Ulemah say the last 16 months of his life) was devoted to propagating
the Manhaj of the Muwahidoon (Submitters).

Unfortunately, there are people who still insist to follow his old teachings even though
the great Imam denounced these teachings in his famous work titled Al-Ibaanah Al-Usul
Al-Diyanah. This shows that people do not want to follow the truth rather they want to
stick to an "ism", play about with the Deen, and hide behind veils.
Imam Ghazalee [d.505H] said, "The mistake of the scholar (Zalaat-ul-Alim) is like a boat
that starts to sink and when it sinks it will sink with it all those people who follow him."
[Kitab Adab-e-Duniyah-e-Deen p.46]

Catastrophically, we have bigoted people who believe that doing Taqleed (blind
following) is something Islamic, whereas it is one of the most destructive of all teachings
and instead of following the Daleel (Islamic evidences) the Muslims follow personalities
and assimilate the truth with an individual(s). This deficiency is one of the main
characteristics of Ahlul Bida (Sufis, Braelvis, Deobandis etc.) who have supported views
of this nature leading to people circumambulating graves under the pretext of doing
Taqleed. This is not an isolated case nor an exaggerated view, rather it is something that is
common throughout the Muslim world.

Ibn Abbas (ra) said, "How dare they, a severe punishment (hellfire) for those followers of
the juristic scholars; how is that the scholar will adopt an opinion and he will find a
stronger opinion and change his adoption but his followers do not change, dare them."
[Imam Shaatibi [d.790H] Kitab-ul-Muwafaqaat volume 3 p.318 and Ibn Taymiyyah
Kitab-ul-Fatawa Al-Qubra volume 6 p.96]

The classic case today is where the innovative Madhabees (people who insist to follow a
school of thought (i.e. say its Wajib)) will follow a ruling regardless of its weakness or
fabrication, just because it has been attributed to for example, Imam Shafi (rh) [d.204H]
(even though it may have no Isnaad (chain) back to this Imam) they will be adamant in
adhering to it. One common example is the ruling regarding you must read Surah Fatiha
in every Rakat; the followers of the Hanafism (who are not the followers of Imam Abu
Hanifah (rh)) openly say that the Fatiha does not have to be recited even in the Janazah
(funeral) prayer by the Imam or the Muslims praying behind him.

One person came to Mu'adh ibn Jabal (ra) on his deathbed and asked Mu'adh (ra) to
advise him. Muadh (ra) said, "Do not follow the juristic error of the scholar, do not
follow the juristic error of the scholar." And then he cited what Ibn Abbas (ra) said (in the
Hadith Mawqoof (attributed to a Sahabi) above) [Musnad Imam Abu Hanifah volume 1
p.68]

Ziyad ibn Hudair (ra) said, "Umar ibn Khattab (ra) said, "Three things demolish the Deen
firstly the juristic mistake of the scholar, secondly the Munafiq who debates the Quranic
verses, and thirdly the Imams (corrupted rulers and scholars) who are misguided
(Mudaliloon)." [Tirmidhi, Sunan Darimi and Ibn Taymiyyah Kitab-ul-Fatawa Al-Qubra
volume 6 p.95 and Abu Darda (ra) reported the same Hadith which is recorded in Imam
Shatibi's Kitab-ul-Muwafaqaat volume 4 p.17] Imam Haythami in his works volume 1
p.186 declared the Hadith to be Marfooa (attributed it to Muhammad (saw)) but Sheikh
Albani in his works volume 1 p.89 claimed it was Mawqoof).

A time has come where there are many Mudaliloon; all the rulers of the Muslim world
have embraced apostasy and the so called Imams that sit next to them have no shame in
this. It does not matter how many certificates or titles a scholar has or the number of
sciences he or she has mastered, the bottom line is if you accompany the regimes of today
you are not to be trusted. This includes the likes of Yusuf Qardawi of Qatar, Mufti Taqi
Usmani of Pakistan, Shaykh Saalih ibn Abdul Azeez Aal Shaykh of Saudi Arabia,
Tantawi of Egypt, Ramadan Booty of Syria etc.

Ibnul Qayyim [d.751] said, "The scholars will make mistakes and that is beyond doubt
(inevitable) because they are not infallible. You are not allowed to accept anything he said
as being infallible (Ma'soom). This is what has been dispraised by every scholar on earth,
they forbid it and dispraise the one who says the A'lim is Ma'soom." [I'laam-ul-
Muwaqieen volume 2 p.173]

The heretical Shia Raafidah claim that their Imams are all infallible when it is well
established from amongst Ahlus Sunnah none has the claim of infallibility on earth apart
from the Messengers of Allah (SWT).

The companion Muhammad ibn Yasir (ra) said, "Be careful from hypocrisy and from the
time of ignorance or the time they (scholars) make errors and that is when Shaytaan
wants them to make errors." [Sunan Darimi Hadith Mawqoof]

We are being tested from all sides and the era of ignorance is facing us with fresh
challenges everyday. Fitnah (commotion) is prevalent everywhere from the mosques to
the markets. Fatwas (e.g. Halal mortgages and Islamic banking) are deliberately designed
and marketed to appeal and convince the common folk when in reality they are far away
from the teachings of the Salaf. They seem enticing and tempting the weak will fall prey
to them whereas only the strong will reject them and see through their falseness.

Al-Fudayl ibn Iyaad [d.187H] said, "I feel pitiful (and sorry) for three types of people.
One who was noble and lost his credibility and some people humiliate him; someone who
was rich and has now become poor. The juristic scholar whom the Duniyah plays with
(has no money, property etc. thereby always being tested) and the young people (childish
mentality) who play with him."

The Maliki judge Qadi Ismaeel ibn Ishaaq Al-Azeedee (from Azad) said, "I entered to the
Abassi Khaleefah Al-Muta'ad Billah he gave me quite a few books to look at and asked
me to read them. These books had all the juristic errors of the scholars compiled in them
with their evidences and the names of the scholars. i.e. Ibn Hazm said you can see the
woman you are thinking of getting married to totally naked, Abu Jafar Tahawi said
Khamr (wine) is allowed, Riba of transaction or excess (Fadl) is allowed (taking a
superior thing of the same kind of goods by giving more of the same kind of goods of
inferior quality), Mu'ta - temporary marriage is allowed etc."

After reading the books Qadi Ismaeel said, "The one who compiled these statements is a
heretic. The Khaleef inquired are not these reports authentic?" Qadi Ismaeel replied, "The
reports are correct but the one who permits Khamr does not permit Mu'ta and the one that
permits Mu'ta does not permit Khamr etc. There is no scholar who has never made a
mistake. Whoever takes these narrations (compiles them and follows them) has no Deen.
At this point the Khaleef ordered the books to be destroyed (burnt)." [Imam Zarkashi
[d.392H] Al-Bahr-ul-Muheet (The Vast Ocean) volume 6 p.326]

With the advancement of technology and communications information can easily be

obtained by a click of a button. This has caused many to read up on a subject and start to
adopt and act upon what one has read. However, the Deen was never acted upon by
reading books and neither does Islam condemn reading. The books, the chapters, the
paragraphs and the sentences all need to be explained and contextualised by someone
qualified. That is why the Salaf used to say, "The one who does not have a Sheikh then
tell him his Sheikh is Shaytaan."

Imam Malik [d.179H] said, "One man said to Imam Aamir ibn Sharajeel Sha'bee (top
Muhadith from the Tabieen), "I have saved and hidden for you Masaail (issues) that have
got all the uniqueness and valuable Fiqh (rules)." Imam Sha'bee read a few and said,
"Keep them for Iblees when you meet him."" [Kitab-ul-Adaab-e-Shariah volume 2 p.56]

We invite everyone to study the methodology of the Salaf (Usul Al Manhaj or Usul Al-
I'tisaam) because that is our Hujjah (proof for us) on the Day of Judgement. The formula
succinctly is simple (follow the Wahi based upon the understanding of the Sahabah (ra))
but needs to be strived upon and those who do will remain successful (in this life and the
hereafter) Inshallah.

Our beloved Prophet Muhammad (saw) said, "Whosoever has been given the Fatwa and
falls on the error of an A'lim his sin is on the neck of the scholar and not him. And
whosoever advises his brother to take the old way (abrogated opinion) and he knows the
good new way he has betrayed him." [Ibn Majah, Ibn Hibbaan and Abu Dawud]

We ask Allah (swt) to bless the Muslims with sincere scholars who follow the Salaf and
who will carry forward the standard of Islam. I seek Allah (SWT) forgiveness for myself
and for you, my dear readers. May the peace and blessings of Allah (SWT) be upon His
Messenger, our Prophet Muhammad (saw) and upon all of his family and companions
(ra).