Division among Mujtahids
The famous scholar of the 6th century hijra, Abul Fath Muhammad bin Abdul Kareem Shahrastani (479-548 A.H.) says,
ثُمَّ الْمُجْتَهِدُوْنَ مِنْ أَئِمَّةِ الْأُمَّةِ مَحْصُوْرُوْنَ فِيْ صِنْفَيْنِ لاَ يَعْدُوَانِ إِلَى ثَالِثٍ : أَصْحَابُ الْحَدِيْثِ وَ أَصْحَابُ الرَّأْىِ، أَصْحَابُ الْحَدِيْثِ وَ هُمْ أَهْلُ الْحِجَازِ ... وَ إِنَّمَا سَمُّوْا أَصْحَابَ الْحَدِيْثِ لِأَنَّ عِنَايَتَهُمْ بِتَحْصِيْلِ الْأَحَادِيْثِ وَ نَقْلِ الْأَخْبَارِ وَ بِنَاءِ الْأَحْكَامِ عَلَى النُّصُوْصِ وَ لاَيَرْجِعُوْنَ إِلَى الْقِيَاسِ الْجَلِىِّ وَ الْخَفِىِّ مَا وَجَدُوْا خَبَرًا أََوْ أَثَرًا... وَ أَصْحَابُ الرَّأْىِ وَهُمْ أَهْلُ الْعِرَاقِ هُمْ أَصْحَابُ أَبِىْ حَنِيْفَةَ النُّعْمَانِ بْنِ الثَّابِتِ ... وَ إِنَّمَا سَمُّوا أَصْحَابَ الرَّأْىِ لِأَنَّ أَكْثَرَ عِنَايَتِهِمْ بِتَحْصِيْلِ وَجْهِ الْقِيَاسِ وَالْمَعْنَى الْمُسْتَنْبَطِ مِنَ الْأَحْكَامِ وَ بِنَاءِ الْحَوَادِثِ عَلَيْهَا وَ رُبَّمَا يُقَدِّمُوْنَ الْقِيَاسَ الْجَلِىَّ عَلَى آحَادِ الْأَخْبَارِ-
‘The Mujtahid Imams of the Ummah are divided into two quarters, not in any third quarter and they are Ashabul Hadeeth and Ashabur Rai (Ahle hadeeth and Ahlur Rai). The Ahle hadeeth are the inhabitants of Hejaz(Makkah-Madina)... They are called Ahle hadeeth, because they had all out aims to collect and compile the Hadeeth and they made documents (Quran and Hadeeth) as the basis of Ahkam i.e. rules and regulations of Shari‘ah. They do not turn to explicit or implicit Qiyas whenever they get any Hadeeth or Athar... On the other hand, the Ahlur Rai are the inhabitants of Iraq. They are the followers of Abu Haneefah Nu‘man bin Thabit (80-150 A.H.)... They are called Ahlur Rai, because they give more importance on inquiring the cause of Qiyas and on the inner meaning of the rulings of Quran and Hadeeth and build up the basis of related incidents on that. Sometimes they give preference to explicit Qiyas over the Hadeeth which are categorically Khabar-i-Wahid.[1]
To express the view in favour of the principles of Ahle hadeeth, Abu Muhammad Ali Ibnu Hazm Andalusi (d.456 A.H.) an European scholar of spain of the 5th century hijra says in unambiguous language that ‘the unanimous decision or Ijma of the Sahaba, Tabe‘iin and Tabe-Tabe‘iin from first to last is that all the decisions of any one of them should not be followed. Therefore, it is for the knowledge of that person, who has accepted all decisions of Abu Haneefah or Malek, Shafe‘ii or Ahmad and did not leave any word of them or did not pay heed to others and did not care for the commands and prohibitions of the Quran and Sunnah, he undoubtedly have opposed the consensus of Ummah (Ijma). No person with such a principle was available in the three praised ages of the Sahaba, Tabe‘iin and Tabe-Tabe‘iin. That person has gone outside the path of the Mumins (Believers). Oh Allah! Save us from that state’.[2]
Now we have to think, whether we solve our problems of life on the basis of revelation, the holy Quran and saheeh Hadeeth or on the basis of man-made Fiqh? Whether we prefer Bukhari, Muslim, Abu Daud, Nasaii or prefer a specific Mazhabi Fiqh, like Qudoori, Sharah Beqayah, Hidayah and Alamghiri, which are all created later on? Whether we shall be followers of Hadeeth or of Rai? This is to know that the chain of coming of the Prophets has been closed and the revelation (Wahi) has been stopped. There is no change of the Quran and saheeh Hadeeth. But the Rai, in all ages confronts the change, it has been changing today and will be changed in future. At present, the young muslim society has been gradually proceeding towards following the Rai of the heterogeneous groups. As a result, the muslim society at present are divided into hundreds following the opinions of so many scholars. The only way to make this large disorganized Ummah united and driven them towards welfare, is just to return to the Quran and saheeh Sunnah leaving aside everything. To surrender unconditionally to the decisions of the holy Quran and saheeh Hadeeth. The Ahle hadeeth movement has been directed towards this pious object through ages and still today is being directed and will be directed in the future Insha Allah.[1]. Muhammad Abdul Kareem Shahrastani, Kitabul Milal wan Nihal (Bairut: Darul Ma‘rifah, n.d.) P. 1/206-207.
[2]. Shah Waliullah, Hujjatullahil Baligah (Egypt : 1322 A.H.) P. 1/123-124.