Fact 4...
Fact 4: The process of issuing a fatawa is based on logic, similarity and speculation, all of these have been forbidden by the Masomeen -asws : [31] Mohammed Ibn Hakam has narrated from Imam Musa-e-Kazim -asws. , that may I be your ransom, we have learned the knowledge of ‘deen’ from you and we do not feel any need to ask from anyone else.
And when we meet with people in public gatherings, they ask questions from us and we are able to reply to them due to Allah .-azwj ’s blessing on us because of your kindness. But some times we are asked about those questions for which we have not heard any answers either from you -asws. or from your (masoom) forefathers -asws . Under these circumstances, we carefully analyse the situation and reply to them accordingly. Imam -asws. said, Never, never, by Allah -azwj , oh!
ibn Hakam there is certainly destruction in it. Whoever has acted like this has met total destruction! Then said Allah .-azwj. ‘s curse may be upon Abu Hanifa who says, Ali -asws. says like this, regarding this issue, whereas my ruling is like this-meaning my statement is better than Ali -asws. ‘s (God forbid), Mohammad bin Hakam said, I told this later to Hasham bin abul Hakam, by Allah -azwj , I wanted to seek permission (from Imam -asws.
) to make use of analogy/similarity in solving issues of ‘deen’. The use of analogy/perception has been strongly forbidden in other Hadith from Imam-e-Jafar-e-Sadiq -asws : I asked from Hazrat Imam Jafar-e-Sadiq -asws. “The Sunnah, tradition of the holy Prophet -saw can not be leaned through analogy.
Consider a woman has to make up for her lapsed fast due to menses but it is not obligatory on her to make up for her lapsed prayers under those conditions, whereas Salat is superior to Fast, O Aban, when analogy (process of fatawa extraction) is used, it would only destroy religion.
[32] Myth 5: Mujtahid is specialist of the religious affairs (e.g., several PhDs in various disciplines of religious affairs (i.e., jurisprudence, history, Ahadith) and when you face a problem you consult the specialist related to a specific area of expertise (e.g., for heart bypass- a heart surgeon is consulted, for building design- an architecture is approached)!
Fact 5: This is an absurd statement in favour of a ‘Mujtahid’ and cannot be supported by any Verse of Quran and tradition of Masomeen -asws. , as the process of fatwa extraction has be forbidden by the Masomeen -asws. .