WHAT NIGERIAN SCHOLARS ARE TO BE BLAMED FOR, IN THE BRANCHES OF JURISPRUDENCE ( ما يلام عليه علماء نيجيريا في فروع الفقه )
The scholars of Nigeria and West Africa had been in contact with the Maliki school of thought at their first contact with Islam, and they learnt jurisprudence with it, and this doctrine was attributed to the Imam of Dar-l-Hijra and he is one of the righteous ancestors because he is a subordinate to the followers of the companions who lived in the second century AH.
Therefore, our scholars are not to be blamed on their persistency on any correct report(words, deeds and confirmation of action and abandonment) from Imam Malik, but they are to be blamed for five things: -
1: Their consideration of defecting from Malik's doctrine to others as haram or heresy, or to consider working with an idea of other sects as haraam or abhorrent, if the need or environment calls for such.
2: Their strict adherence to the theories of the followers of Imam Malik (Authors of jurisprudence booklets) as if they were sacred texts, or to raise them to the level of the statements of Imam Malik himself, while he did not even say it and did not know who said it, but it was included in its doctrine.
3: Their violent argument on where the doctrine of Imam Malik contradict other doctrines until this argument reaches the extent of hostility and hatred.
4: Their dispute on an issue that does not invalidate the obligatory prayer by doing it or leaving it, with pre- or post-prostration. This is a big problem, such as: -
- Basmalah with Suratu-l-Fatihah, - the placement of the right hand on the left, -the recitation of the Al-qunut supplication in the Subh prayer or Witr,
- the right and left greetings in getting out of prayer,
- the addition of the word "and mercy of Allah be upon you",
-and the raising hands after every takbeer or not.
And all of that was supported by a hadith and some people applied it while some did not.
5: The attempt of a jurist to impose his doctrine on others by force, or to curse him/her if he/she disagrees with his doctrine. when Abu Jaafar al-Mansur, the great Abbasid caliph, said to Imam Malik bin Anas when he performed Hajj and met Imam Malik,
: "I want to hang your book(Al-Muhatoh) on the Kaaba and distribute it to everywhere, and command people to apply it, to curb future contradiction."
Malik said to him: "Do not do it, because the companions have dispersed to different nations and they narrated hadiths that are different from that of the people of Hijaz."
If Imam Malik had accepted this offer from the caliph, he would not have left any room for the emergence of the doctrine of Shafi’i, Hanbali, and others.
And Sheikh Othman bin Foudi has a brief and useful statement on the origins of ijtihad and tradition(imitation), and he has limited it to ten, which we mentioned in the book of Islam in Nigeria.
WRITTEN IN ARABIC BY: SHEIKH ADAM ABDULLAHI AL-ILORY.
TRANSLATED BY: S.A KOLAYO.