Conclusion

Sharî’ahs change according to the ages. Even, in one age, depending on the nations, different Sharî’ahs and prophets may come and they had come. Since after Khâtam al-anbiyâ1 , his Great Sharî’ah is sufficient for every age and all nations, no need has remained for different Sharî’ahs. However, in secondary matters, the need for different madhabs has persisted to a degree. Just as clothes change with the change of the seasons and medicines change according to the person’s bodily constitution, so do Sharî’ahs change according to the ages, and laws change according to the dispositions of nations. Because the secondary matters of the laws of the Sharî’ah look to the circumstances of mankind; they come according to those circumstances and become medicine.

At the time of the preceding prophets, since classes of mankind were far apart from each other, characters were both coarse to an extent and violent, and their thoughts were at the primary stage and close to nomadism, Sharî’ahs of that time came in different forms appropriate to their conditions. Even different prophets and Sharî’ahs were on the same continent in the same century. Then, since with the coming of the Prophet of the âkhirzaman, it is as if man advanced from the primary to the secondary stage, and through having social interaction with other nations and numerous revolutions, nations of mankind reached a state where they would receive a single lesson and listen to a single teacher and act with a single Sharî’ah, no need remained for different Sharî’ahs, neither was there a necessity for different teachers. But the madhabs became many since they did not completely reach the same level and did not wear the same style of social life. If, like students of a higher school, the absolute majority of mankind wears the same style of social life and reaches the same level, then all madhabs can be made one. But the state of the world does not permit that, so the madhabs cannot be one.

If you say: The haqq is one; how can the different judgements of the four and twelve madhabs be haqq?

The Answer: Just as the same water is judged in five ways according to five ill people with different bodily constitutions. It is as follows:

For one of them, the water is a medicine for him according to the condition of his illness; it is medically wâjib. For another, it is detrimental like poison for his sickness; it is medically haram for him. For another, it causes a small amount of harm; it is medically makrûh. For another it gives a harmless benefit; it is medically sunnah for him. And for another it is neither harmful nor beneficial; he can drink it with pleasure, it is medically mubâh. Thus, here the haqq has become many; all five are haqq. Can you say: "The water is only a medicine and only wâjib; there are no other judgements for it?"

Similarly, the rules of Allah change according to the people who follow madhabs through the guidance of the hikmah of Allah; they change in a haqq way and each of them becomes haqq. For example, since the majority of those, who follow Imam Shâfi'î through the approval of the hikmah of Allah, are closer to rural life and nomadism than the Hanafis and are deficient in social life, which makes the community a single body, each of them recites the fâtiha behind the imam in order to tell his pains and seek his private wishes at the court of the One Who satisfies the needs of all. This is both haqq itself and pure hikmah. Since the great majority of the followers of Imam al-‘A'dham are closer to civilization and urban life and capable of social life, and since the majority of the Islamic governments adhered to that madhab, a jamâ’ah become a single individual, and one man speaks in the name of all; all affirm him with their hearts and bind their hearts to him and his word becomes the word of all, therefore, according to the Hanafî madhab, the fâtiha is not recited behind the imam. And its not being recited is haqq itself and pure hikmah.

And, for example, since, through forming a barrier against the transgression of fitrah, the Sharî’ah corrects it and does tarbiyyah the nafs al-ammarah. According to the Shâfi'î madhab most of whose followers are villagers, semi-nomadic and workers: "Wudhu is spoilt by touching a woman; the slightest uncleanliness (najasah) is harmful." While, according to the Hanafî madhab the majority of whose followers have entered social life and become semi-civilized: "Touching a woman does not spoil the wudhu; there is permission (fatwâ) for a small amount of uncleanliness (najasah)."

Now, we shall consider a worker and a master. Since, due to the manner of his livelihood, the worker is subject to mixing with, being in contact with non-mahram women, sitting with them at the same fireplace and being involved with dirty things, his fitrah and nafs al-ammarah can find an opportunity and transgress due to his craft and livelihood. Therefore, in order to form a barrier against such transgressions, the Sharî’ah says to them "Your wudhu will be spoilt; do not touch a woman! Your salâh will be invalid; do not be tainted!" A samâwî voice shouts in their ma’nawî ear. Whereas, in accordance with his social custom and in the name of common morality, the master — on condition that he possesses a keen sense of honour — is not subject to being in contact with non-mahram women, and in the name of cleanliness of society, he would not taint himself with dirty things to such a degree. Therefore, under the title of Hanafî madhab, the Sharî’ah has not shown him harshness and ‘azîmah; it has shown the rukhsah side and lightened it. It says "If your hand has been touched, your wudhu is not spoilt. There is no harm in not performing the istinja2 with water in public if you feel ashamed. There is permission (fatwa) for a small amount of dirt.", and saves him from waswasa. Thus, two drops from the ocean as examples for you. Make analogies with them. And if you can, compare the scales of the Sharî’ah in this way with the scales of Sha'rânî's Mîzân3 .

سُبْحَانَكَ لاَ عِلْمَ لَنَا اِلاَّ مَا عَلَّمْتَنَا اِنَّكَ اَنْتَ الْعَلِيمُ الْحَكِيمُ

اَللّٰهُمَّ صَلِّ وَ سَلِّمْ عَلَى مَنْ تَمَثَّلَ فِيهِ اَنْوَارُ مَحَبَّتِكَ لِجَمَالِ صِفَاتِكَ وَ اَسْمَائِكَ بِكَوْنِهِ مِرْآةً جَامِعَةً لِتَجَلِّيَاتِ اَسْمَائِكَ الْحُسْنَى وَ مَنْ تَمَرْكَزَ فِيهِ شُعَاعَاتُ مَحَبَّتِكَ لِصَنْعَتِكَ فِى مَصْنُوعَاتِكَ بِكَوْنِهِ اَكْمَلَ وَ اَبْدَعَ مَصْنُوعَاتِكَ وَ صَيْرُورَتِهِ اَنْمُوذَجَ كَمَالاَتِ صَنْعَتِكَ وَ فِهْرِسْتَةَ مَحَاسِنِ نُقُوشِكَ وَ مَنْ تَظَاهَرَ فِيهِ لَطَائِفُ مَحَبَّتِكَ وَ رَغْبَتِكَ ِلاِسْتِحْسَانِ صَنْعَتِكَ بِكَوْنِهِ اَعْلَى دَلاَّلِى مَحَاسِنِ صَنْعَتِكَ وَ اَرْفَعَ الْمُسْتَحْسِنِينَ صَوْتًا فِى اِعْلاَنِ حُسْنِ نُقُوشِكَ وَ اَبْدَعِهِمْ نَعْتًا لِكَمَالاَتِ صَنْعَتِكَ وَ مَنْ تَجَمَّعَ فِيهِ اَقْسَامُ مَحَبَّتِكَ وَ اِسْتِحْسَانِكَ لِمَحَاسِنِ اَخْلاَقِ مَخْلُوقَاتِكَ وَ لَطَائِفِ اَوْصَافِ مَصْنُوعَاتِكَ بِكَوْنِهِ جَامِعًا لِمَحَاسِنِ اْلاَخْلاَقِ كَافَّةً بِاِحْسَانِكَ وَ لِلَطَائِفِ اْلاَوْصَافِ قَاطِبَةً بِفَضْلِكَ وَ مَنْ صَارَ مِصْدَاقًا صَادِقًا وَ مِقْيَاسًا فَائِقًا لِجَمِيعِ مَنْ ذَكَرْتَ فِى فُرْقَانِكَ اِنَّكَ تُحِبُّهُمْ مِنَ الْمُحْسِنِينَ وَ الصَّابِرِينَ وَ الْمُؤْمِنِينَ وَ الْمُتَّقِينَ وَ التَّوَّابِينَ وَ اْلاَوَّابِينَ وَ جَمِيعِ اْلاَصْنَافِ الَّذِينَ اَحْبَبْتَهُمْ وَ شَرَفْتَهُمْ لِمَحَبَّتِكَ فِى فُرْقَانِكَ حَتَّى صَارَ اِمَامَ الْحَبِيبِينَ لَكَ وَ سَيِّدَ الْمَحْبُوبِينَ لَكَ وَ رَئِيسَ اَوِدَّائِكَ وَ عَلَى آلِهِ وَ اَصْحَابِهِ وَ اِخْوَانِهِ اَجْمَعِينَ آمِينَ بِرَحْمَتِكَ يَا اَرْحَمَ الرَّاحِمِينَ

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