Inquiry

The two subjects that form the modern agenda of the Muslim ummah are, generally, “disputes within the religion”, and more specifically, “disputes about fiqh”. This subject, which arises in connection with the “wahdah/unity of the Ummah”, should in fact be discussed separately, with a consideration of the nature of the subject that is actually being disputed. When we say “disputes within the religion”, we are also including disputes that are related to I’tiqad along with “disputes about fiqh”; however, discussing these two kinds of disputes is against the nature of things. It is clear that there is great difference in the nature of questions like “what kind of a God do we believe in?” and “upon which evidence do we base our actions?”

In this issue Rıhle investigates disputes in matters of fiqh while leaving the disputes of I’tiqad for the subject of another issue. What is a madhab? Why and how did madhabs come about? Is it necessary to belong to a madhab or is it possible to implement the judgements of different madhabs in various subjects? Is it possible for an average Mu’min to practice directly using only the Qur’an and Hadiths? Is the gate of ijtihad open? If it is, what is the correct way of entering through this gate? If it is closed, why, how and by whom was it closed? Can a gate that was opened by Allah and his Messenger be closed by the ummah? Does the situation of the ummah at the present moment have anything to do with the institution of ijtihad not working properly or, in general with the system of fiqh?

These and similar question are the current subjects on the agenda of circles that discuss the madhabs of fiqh. We at Rıhle have formulised the questions that express this fundamental matter so that we can ask the experts in the field.

1. How did the madhabs of fiqh emerge?

2. What does it mean to be without a madhab? What can you say about the point of view that sees imitation/taqleed as something that is haraam? Why are the madhabs necessary and to what extent can an ordinary Muslim/Mu’min practice his religion without following a madhab?

3. Could you please describe telfeeq and explain when it is permissible (jaiz)?

4. What are the sources and the reality of the claim which says the current madhabs are incapable of solving the problems that arise in the twenty first century?

5. As has been claimed by certain groups, is the current situation of the Muslim world a consequence of the gate of ijtihad being closed? What do you think about the pursuit of new methods of ijtihad (usul al-fiqh)?