Hassan Ilyas Sahabs Post On Tawatur
No fiqh doesn’t determine ijma and tawatur. Ijma and tawatur is found within the practice of ummah. When we find something that the entire ummah is practicing today, we go back in history to find evidences for any breaks, major agreements/disagreements, or traces of initiation of the practice anew. Books of fiqh help us trace these evidences.
What if fiquah is the one that turned a ritual into ijma n tawatur? Meaning it was not a tawature but fiquah picked it up based on a hadith and then it was enacted as the law by the muslim state and as a result it became a tawatur. How do we rule out this risk while validating tawatur? Bear in mind there was no recorded or establish history before fiquah. Example how can fiquah corrupt tawatur is fajr prayer in Malaysia that i have cited earlier . What basis other than popularity of a particular ritual in muslims could the imams have probably used for classification of rituals into 5 or so categories from obligatory to haram? E g obligatory, recommended, optional, not recommended, haram etc.
When a ‘correction’ is introduced by the state it becomes mainstream practice very fast. On the other hand, when a cleric objects on a mainstream practice, he is labelled as a ‘divergent’ and outcaste. When Quran tried to correct them, the same problem popped up – they said how could we give up what our ancestors or baap dada were doing.