Question
These days a lot of our sunni brethren complain that Deobandis have selected the minority opinion in many fiqh issues, like Isbal, Istegatha, Mawlid, etc.
My question is regarding this 'fiqh of majority' issue. Does it have any basis in Hanafi fiqh or is the ruling taken from where-ever the reasons for the ruling are more sound and strong?
Also, In Hanafi fiqh, are the rulings of Allama Ibn Abideen in his famous work Rad al-Muhtar the last and final word on an issue and any other opinion is again a minority opinion?
Answer
The Hanafi school has a defined methodology regarding which is the correct opinion, which can be found as outlined in Imam Ibn Abideen's "Rasm al-Mufti."
Basically the opinion of Imam Abu Hanifah is given precedence. It is also a principle that a narration found in the books known as the Zahir al-Riwayah, authored by Imam Muhammad, is also given precedence.
Hanafis throughout the world follow this defined methodology, which is best reflected in Ibn Abideen's "Rad al-Muhtar." Thus to claim that Hanafis from the Indian subcontinent have veered to particular views arbitrarily is simply untenable.
Their Fataawa, such as Ahsan al-Fataawa, Fataawa Rashidiyya, Fataawa Rahimiyya, Fataawa Imdadiyya amongst others rarely ever cite a source other than Imam Ibn Abideen's "Rad al-Muhtar."
However in new issues and where customs have changed, the scholars do exercise their own legal acumen, such as the case of the problems encountered in India at the turn of the twentieth century.
Due to the absence of a proper Islamic legal system in operation to protect the rights of women, Shaikh Ashraf Ali Thanvi wrote his famous treatise: "AL-Hilah al-Naajiza." In this work many of the problems faced by women, such as the way oppressed women could get out of a marriage in which cruelty was being inflicted upon them, was outlined. For this purpose the Shaikh, who was one of the greatest Jurists of the twentieth century, employed the juristic principles of Talfeeq.
Regarding the issues of Isbal, Istigatha and Mawlid, it is obvious this is a baseless claim as long as evidence is not cited from the classical Hanafi works.




