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Footnotes (5)

60 Al-Fawaa'id al-Bahiyyah fi Taraajum al-Hanafiyyah (p. 116)

61 Al-Bahr ar-Raa'iq (6/93) & Rasm al-Mufti (1/28).

62 Al-Fawaa'id ... (p. 116); the author then added a useful note:

"From this can be deduced the falsity of Makhool's narration from Abu Haneefah: 'that he who raises his hands during Prayer, his Prayer is ruined', by which Ameer, the scribe of Itqaani, was deceived, as has been mentioned under his biography. 'Isaam ibn Yoosuf, a companion of Abu Yoosuf, used to raise his hands, so if the above-mentioned narration had any foundation, Abu Yoosuf and 'Isaam would have known about it ... It can also be deduced that if a Hanafi ignored the madhhab of his Imaam in an issue due to the strength of the evidence against it, this would not take him outside the ranks of the Imaam's followers, but this would in fact be proper taqleed in the guise of leaving taqleed; do you not see that 'Isaam ibn Yoosuf left Abu Haneefah's madhhab of not raising the hands, but he is stil counted as a Hanafi?... To Allaah I complain of the ignorance of our time, when they insult anyone who does not follow his Imaam in an issue because of the strength of evidence against it, and expel him from the fold of that Imaam's followers! This is not surprising when those who do this are from the ordinary masses, but it is amazing when it comes from those who imitate men of learning but plod along that path like cattle!"

63 an-Noor 24:51-52

64 al-Anfaal, 8:46

65 ar-Room, 30:31-2

66 Houd, 11:118-9

67 cf. Al-Ihkaam fi Usool al-Ahkaam by Ibn Hazm, Hujjatullaah al-Baalighah by al-Dehlawi, & the latter's essay dealing specifically with this issue, 'Iqd al-Jeed fi Ahkaam al- Ijtihaad wat-Taqleed.

68 See Faid al-Qadeer by al-Manaawi (1/209) or Silsilah al- Ahaadeeth ad-Da'eefah (1/76, 77)

69 Ibn 'Abdul Barr in Jaami' Bayaan al-'Ilm (2/81-2)

70 ibid. (2/82, 88-9)

71 ibid. (2/83-4)

72 ibid (2/89)

73 cf. Al-Intiqaa' by Ibn 'Abdul Barr (41), Kashf al-Mughatta fi Fadl al-Muwatta' (pp. 6-7) by Ibn 'Asaakir, & Tadhkirah al-Huffaaz by Dhahabi (1/195).

74 Jaami' Bayaan al-'Ilm (2/88)

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