Darul Uloom Trinidad & Tobago

Question

Is this article correct:

“The six groups of Mujtahideen
1. Mujtahid Sharriy’a
2. Mujtahid al-Masa’il
3. Mujtahid al-Madhhab
4. As-Hab al-Takhreej
5. As-Hab al-Tarjee’a
6. As-Hab al-Tameez

1. Mujtahid Sharriy’a are those who make the rules with the help and deep study of al-Islam, such as the Four Imams (Imams Abu Hanifah, Malik bin Anas, Muhammad Shafi’i, and Ahmad bin Hanbal, Radhi Allahu ‘Anhum).

2. Mujtahid fee Mathhab are those who follow the principles of Mujtahid fee Sharriy’a; they can get answers of any masa’il in the light of the ijtihad of the Mujtahid fee Sharriy’a, but they are independent in masa’il. Examples would be Al-Imam Muhammad bin Mubarak al-Shaibani (Rahmatullah Alayh) and Al-Imam Abu Yusef al-Ansari (Rahmatullah Alayh).

3. Mujtahid fee Masa’il are those who are Muqallid in principle and foori in masa’il; they can give answers of these masa’il from The Holy Qur’an and Hadith on condition that there is no explanation from any Imam. Examples would be Imam al-Tahawi, Imam Qadi Khan, and Imam Sharkhail.

4. As-Habi Takhreej  are those who can not make ijtihad, but they can give an explanation of a statement of an Imam. An example would be Imam Abu-l-Hasan al-Karkhi.

5. As-Hab al-Tarjee’a  are those who can give preference to any statement of Hazrat Imam Abu Hanifah; for instance, if there are two statements by al-Imam al-A’zam about one masala, they can point out which one is the more important. There were only two of theses: Imam  Sahib Hadiya, Imam Sahib Qardari. No one can become ‘Alim without reading from both of these.

6. As-Hab al-Tameez  are those who can find the difference between the two statements from al-Imam al-A’zam as to which one is strong and which one is weak. Examples would be Sahib Kanz and Sahib Mukhtar”

Answer

The article is correct. However, the Fuqaha have included a seventh group under the heading ‘Tabqaat Al fuqaha’ that is ‘categories of the Fuqaha’. As the seventh group, Allaha Shami has stated, ‘The seventh group are those who are simply Muqallid (followers). They do not have the ability upon any of what has been mentioned about in the other six categories of Fuqaha. They are not able to separate between the statements, nor are they able to distinguish between them. Instead, they simply gather the information that has been given. So woe unto those who follow this category of people’. ( Sharh Uqood Rasmul Mufti pg.12).

In reality, this seventh group is not from among the Mujtahideen, hence the categories of Mujtahid in their different capacities are six.

Imam Muhammad’s name is Muhammad bin Hasan Al Shaibani.

Under category No.3, the great jurist, Alllama Shami has put the following names (as belonging to this category): Khassaf, Tahawi, Abul Hasan Karkhi, Shamsul A’imma Halwani, Shamsul A’immma Saraksi, Fakhrul Islam Bazdawi, Qazi Khan and others (Sharh Uqood Rasmul Mufti pg.123)

Under category No. 4, Allama Shami hs included Ar-Razi. Under category No.6, he has included the author of Al Wiqaya, and the author of Al Majma.


And Allah knows best.

Mufti Waseem Khan