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Discussion in 'Hanafi Fiqh' started by Wadood, Mar 24, 2005.
Re: 7 types of Faqih
In 2004, the fatawa of Malik al-Ulama Mawlana Zafar ad-Din Bihari Qadri Ridawi were published. The following is a translation from Mawlana Sahil Sahsarami's introduction to the book. It is called Nafi' al-Bashar fi Fatawa Zafar (1349 H)
Mujtahid fi Shara’ / Mujtahid Mutlaq Mustaqil
This group of fuqaha are those that possess the capability to derive rulings from the Qur’an, Sunnah, Ijma’ and Qiyas and in the Usul and Furu’, they are in no need of making taqlid of anyone else. For example, Imam Abu Hanifa (d. 150 H), Imam Shafi’i (d. 204 H), Imam Malik (d. 179 H) and Imam Ahmad ibn Hanbal (d. 241 H).
Mujtahid fi'l Madhab / Mujtahid Mutlaq Ghayr Mustaqil
These are those fuqaha who have all the capabilities of a Mujtahid Mutlaq but they make themselves a muqallid of another Mujtahid Mutlaq in matters of Usul and in light of these Usul, they can derive rulings from the Quran, Sunnah, Ijma’ and Qiyas. They are Muqallids in Usul but Mujtahid’s in Furu’. For example, Imam Abu Yusuf (d. 183 H), Imam Muhammad (d. 189 H), Imam Abdullah ibn Mubarak (d. 181 H) and other students of Imam Abu Hanifa.
Mujtahid fi'l Masa’il / Mujtahid Muqayyad
These are those fuqaha who are Muqallid in both Usul and Furu’ and according to these Usul and Furu’, they possess the capability to derive rulings on those matters upon which the Imams of the Madh'hab have not said anything. For example, Imam Abu Bakr Khassaf (d. 261 H), Imam Abu Ja’far Tahawi (d. 331 H), Imam Abu'l Hasan Karkhi (d. 340 H), Shams al-A’imma Halwani (d. 456 H), Shams al-A’imma Sarkhasi (d. 500 H), Imam Fakhr al-Islam Bazdawi (d. 482 H), Imam Fakhr ad-Din Qadi Khan (d. 593 H).
These fuqaha do not possess the complete capability of Istinbat and Istikhraj (derivation). However, they do have deep understanding of the Usul and Furu’ of the Imams of the Madh'hab using which they can explain the Mujmal and Muhtamal (ambiguous). For example, Imam Abu Bakr Ahmad bin Ali Razi (d. 370 H).
These fuqaha possess a lesser ability than the Ashab at-Takhrij. Using the Usul and Furu’ laid down by the Imams, they give precedence (tarjih) to one ruling over another. For example, Imam Abu'l Hasan Quduri (d. 428 H) and Imam Murghinani [author of Hidayah] (d. 593 H). “Haadha awla, haadha asahh, haadha awdhah, haadha awfaq li'l qiyas” are hallmarks of these fuqaha.
These fuqaha can differentiate between strong and weak, accepted and rejected rulings. They can differentiate between Dhahir ar-Riwayah and Naadir Riwayah. For example, the authors of the Mutun such as the writer of Mukhtar, Wiqayah and Majma’.
These fuqaha possess none of the aforementioned qualities. The rulings made by such people do not have to be followed. They can transmit the rulings of the Imams of the Madh'hab. For example, the people of fiqh in this age.