Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 39962
Asked Country: Bangladesh

Answered Date: Feb 15,2018

Title: Are the views of Sahbain (rahimahumallah) actually the views of Imaam Abu Hanifa (rahimahullah)?

Question

Bismillahir Rahmanir Rahim
Respected Ulama e Keram
Assalamu Alaikum Oa Rahmatullah Oa Barakaatuh
I have heard from an Alim the following statement:- 
Imam Abu Yusuf and Imam Muhammad (Rahimahumallah) had no personal / own opinion (Fatwa).Their opinion is actually one of the opinions of their respected teacher Imam Abu Hanifah (Rahimahullah). This is because Imam Abu Hanifah Rahimahullah is Mujtahid but Sahebain rahimahumallah are Muqallid.    
Is this statement is correct ? 
Jammalakumullahu Ta'aalaa bil 'Aafiyah. Ameen.
Was Salam- 

Answer

In the Name of Allah, the Most Gracious, The Most Merciful.

As-salaamu `alaykum wa-ramatullahi wa-barakatuh.

The discussion in reference is intricate and of an academic nature which is beyond the general understanding of people not having understanding on Fiqh and principles of Fiqh.

The first statement of the Aalim is correct. However, Imaam Abu Yusuf and Imaam Muhammad (rahimahumallah) were also Mujtahids of their own right. In order to understand this angel one requires a scholarly background in Fiqh.[1]

And Allah Ta`ala Knows Best.

Hussein Muhammad.

Student Darul Iftaa

Arusha, Tanzania

Checked and Approved by:

Mufti Ebrahim Desai.



[1]

واذا بقول واحد منهم يعلم قطعا انه يكون به آخذا بقول ابي حنيفة. فانه روى عن جميع أصحابه من الكبار كابي يوسف ومحمد وزفر والحسن انهم قالوا: ما قلنا في مسألة قولا الا وهو روايتنا عن ابي حنيفة واقسموا عليه أيمانا غلاظا.

شرح عقود رسم المفتي. مكتبة دار العلوم كراشي  Pg 66.

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