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Zalaat-Ul-Ulemah - The Juristic Errors and Mistakes of the (Muslim) Scholars

Zalaat-Ul-Ulemah - The Juristic Errors and Mistakes of the (Muslim) Scholars

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Published by: Shadab Anjum on Sep 13, 2009
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05/11/2014

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Zalaat-ul-Ulemah - The Juristic Errors and Mistakes of the (Muslim) Scholars
-One of the meanings of Zalaat is when someone is walking and trips over unintentionallyor 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 themarketplaces to make an announcement of their change, just to inform the people. Thisinconsistency is something that is healthy and not a defection if it is done to get closer toAllah (SWT). Imam Abu Hanifah [d.150H] would give one answer in the morning andfor the same case have a different answer in the evening. This was because he had comeacross authentic relevant evidence that would shine more light on the subject therebygiving a new verdict.An example of this is 9/11 many qualified people initially felt it was something that couldnot be legislated from the Shariah and started to denounce it. However, as soon as theIslamic proofs (i.e. Qisas - law of reciprocity) were presented only the sincere scholarsstarted to retract from their positions. The scholar that is consistent needs to bescrutinised; Sheikh-ul-Islam Ibn Taymiyyah [d.728H] said if such a case exists then atleast one out of two conclusions can be drawn1. 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 viaIjthihaad 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 hadthree 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 propagatingthe Manhaj of the Muwahidoon (Submitters).Unfortunately, there are people who still insist to follow his old teachings even thoughthe great Imam denounced these teachings in his famous work titled Al-Ibaanah Al-UsulAl-Diyanah. This shows that people do not want to follow the truth rather they want tostick 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 boatthat 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 (blindfollowing) is something Islamic, whereas it is one of the most destructive of all teachingsand instead of following the Daleel (Islamic evidences) the Muslims follow personalitiesand assimilate the truth with an individual(s). This deficiency is one of the maincharacteristics of Ahlul Bida (Sufis, Braelvis, Deobandis etc.) who have supported viewsof this nature leading to people circumambulating graves under the pretext of doingTaqleed. This is not an isolated case nor an exaggerated view, rather it is something that iscommon 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 astronger 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 TaymiyyahKitab-ul-Fatawa Al-Qubra volume 6 p.96]The classic case today is where the innovative Madhabees (people who insist to follow aschool of thought (i.e. say its Wajib)) will follow a ruling regardless of its weakness ofabrication, 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 inadhering to it. One common example is the ruling regarding you must read Surah Fatihain every Rakat; the followers of the Hanafism (who are not the followers of Imam AbuHanifah (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) toadvise him. Muadh (ra) said, "Do not follow the juristic error of the scholar, do notfollow the juristic error of the scholar." And then he cited what Ibn Abbas (ra) said (in theHadith 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 Deenfirstly the juristic mistake of the scholar, secondly the Munafiq who debates the Quranicverses, and thirdly the Imams (corrupted rulers and scholars) who are misguided(Mudaliloon)." [Tirmidhi, Sunan Darimi and Ibn Taymiyyah Kitab-ul-Fatawa Al-Qubravolume 6 p.95 and Abu Darda (ra) reported the same Hadith which is recorded in ImamShatibi'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 SheikhAlbani 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 worldhave embraced apostasy and the so called Imams that sit next to them have no shame inthis. 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 todayyou are not to be trusted. This includes the likes of Yusuf Qardawi of Qatar, Mufti TaqiUsmani 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 saidas 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 wellestablished from amongst Ahlus Sunnah none has the claim of infallibility on earth apartfrom the Messengers of Allah (SWT).The companion Muhammad ibn Yasir (ra) said, "Be careful from hypocrisy and from thetime of ignorance or the time they (scholars) make errors and that is when Shaytaanwants them to make errors." [Sunan Darimi Hadith Mawqoof]We are being tested from all sides and the era of ignorance is facing us with freshchallenges everyday. Fitnah (commotion) is prevalent everywhere from the mosques tothe markets. Fatwas (e.g. Halal mortgages and Islamic banking) are deliberately designedand marketed to appeal and convince the common folk when in reality they are far awayfrom the teachings of the Salaf. They seem enticing and tempting the weak will fall preyto 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 whowas 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 (childishmentality) who play with him."The Maliki judge Qadi Ismaeel ibn Ishaaq Al-Azeedee (from Azad) said, "I entered to theAbassi Khaleefah Al-Muta'ad Billah he gave me quite a few books to look at and askedme to read them. These books had all the juristic errors of the scholars compiled in themwith their evidences and the names of the scholars. i.e. Ibn Hazm said you can see thewoman you are thinking of getting married to totally naked, Abu Jafar Tahawi saidKhamr (wine) is allowed, Riba of transaction or excess (Fadl) is allowed (taking asuperior 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 aheretic. The Khaleef inquired are not these reports authentic?" Qadi Ismaeel replied, "Thereports 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 amistake. Whoever takes these narrations (compiles them and follows them) has no Deen.

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