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بســـم اللــه الرحــمــن الـرحـــيــم
334◾️Who are the Dhaahiriyyah?◾️
Answered by Shaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -
📥Question:
Who are the Dhaahiriyyah?
📤Answer:
The Dhaahiriyyah are the followers of Daud, Ibn Ali Adh-Dhaahiri.
This Madhab of his was then followed by Ibn Hazm, Abu Muhammad Ibn Hazm Adh-Dhaahiri.
They were called “Dhaahiriyyah” because they focus on the apparent meaning of the texts.
And the taking of the apparent meanings of the texts of the Qur’an and Sunnah; this is what is obligatory, but it is also necessary to consider the reasoning and meanings, and analogy and other than this of things that the Qur’an and Sunnah point towards.
The unmoving focus on the apparent meanings of the texts, without taking the meanings and analogy into consideration. This is contrary to what the predecessors of the Ummah, may be pleased with them, were upon and what the Book and the Sunnah point towards.
And for this reason many mistakes have been made by the people of this Madhab regarding the Book and the Sunnah. Because of their lack of attention for analogy and reasoning and meanings. Rather, they rigidity upon the apparent meaning of the texts, and it could be possible that apparent meaning of the text may not be what is intended, considering that there are may be what redirects away from this, from the legislative texts and legislative aims which are established in other texts. Which become indicators and evidences that are preceded before the apparent meaning of the texts.
But the basis is taking the apparent, so the point of benefit is that they made mistakes in many issues in this path that they follow, which is rigidity upon the apparent meaning of the texts and not considering reasoning and analogy.
This is why you find them denying and rejecting analogy. Daud bin Ali Adh-Dhaahiri, and likewise Ibn Hazm, who is the one who promoted his Madhab, who spread the Madhab of Dhaahiriyah, and prevailed it, you find him, treading upon this path and denying analogy.
Some scholars have mentioned that he doesn't deny ˹Qiyaas Al-Uwlaa˺, but there are many areas where he rejects analogy, as well as aligning things by meaning.
This is why, as the mentioned preceded with us in the Book of Purity, that the Dhaahiriyah say that if a person urinates in a pond and what is not flowing. There is a prohibition on urinating in it still standing water, he said, “If he stirs it, then urinated then this is permissible”. And other than this of rigidity upon the apparent meaning.
And similarly the statement of the most high:
(فَلَا تَقُل لَّهُمَآ أُفٍّ وَلَا تَنْهَرْهُمَا)
"Say not to them [so much as], "Uff," and do not repel them".
[Al-Isra':23]
He said we do not benefit from this verse, that hitting one’s parents is impermissible. He said we do not benefit from this verse, but we benefit from it from other evidences, but this verse does not indicate to this.
How can it not indicate?! If saying “Uff” is forbidden, then it has more priority that hitting and insulting is impermissible, and this is not from what analogy points towards, but rather from what's understood of the concept of "What has more priority", that which its meaning is verbal.
BY The Official English Channel of Shaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree
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