The Evolution of Fiqh(9.3 Imaam Ash- Shaafi'ee)

Imaam ash-Shaafi’ee (767-820 CE)

Imaam ash-Shaafi’ee, like his teacher Maalik, pointed out in

no uncertain terms that it was not possible for anyone at that time
(The main collections of Hadeeth like that of al-Bukhaaree, Muslim and

the others belong to the latter half of the 9th century CE.)

to be aware of all the Hadeeths which were narrated from the

Prophet (s.w.) or to remember all Hadeeths which he had

encountered, therefore, they were bound to make some wrong

judgements. That meant that the only firm and reliable method,

which could be utilized under all circumstances to decide what was

correct and what was not, was the Sunnah of the Prophet (s.w.). 
The Hadeeth scholar al-Haakim collected a statement of a
sh-Shaafi’ee in which he said, “There is no one among us who has
 not had a Sunnah of Allaah’s Messenger (s.w.) elude him or have 
one slip his mind; so no matter what rulings I have made 
or fundamental principles I have proposed, there will be in 
them things contrary to rulings of Allaah’s messenger (s.w.). 
Therefore, the correct ruling is according to what 
Allaah’s messenger (s.w.) said, and that is my ruling.”

Ibn ‘Asaakir, Taareekh Dimishq al-Kabeer, (Damascus: Rawdah 
ash- Shaam, 1911-1932), vol. 15, part 1, p.3.

The Imaam also stressed a very important point concerning

personal opinion versus the Sunnah. He said, “The Muslims (of my

time) were of a unanimous opinion that one who comes across an

authentic Sunnah of Allaah’s messenger (s.w.) is not allowed to

disregard it in favor of someone else’s opinion.”

Ibn al-Qayyim, I’laam al-Mooqi’een, (Beirut: Daar al-Jeel n.d.),
 vol. 2,p. 361.

 This point strikes at the very heart of Taqleed which
 has as  one of its pillars the rejection of the Sunnah for
 the opinion of the Madh-hab.

Al-Haakim also collected from Imaam ash-Shaafi’ee the

same statement made by Imaam Abu Haneefah concerning the

relationship between his Madh-hab and authentic Hadeeths, “If a

Hadeeth is found to be Saheeh (authentic) it is my Madh-hab.”

Yahyaa ibn Sharaf ad-Deen an-Nawawee, al-Majmoo’ (Cairo: Idaarah

at-Tabaa’ah al-Muneerah, 1925), vol. 1, p. 63.

Such was the uncompromising stand of this great Imaam who, while

in Baghdad, wrote a book called al-Hujjah as a summary of his

Madh-hab, only to turn around and write a new book called al-Umm,

representing the new Madh-hab which he formed after journeying to

Egypt and acquiring new knowledge from the Madh-hab of Imaam

al-Layth ibn Sa’d.