Risala fi al-Taassub al-Madhhabi - ضمن «Athar al-Muallimi»

Risala fi al-Taassub al-Madhhabi (Treatise on School Partisanship) is a short treatise on juristic partisanship and adherence to legal schools by the Yemeni hadith scholar and jurist Abd al-Rahman al-Muallimi al-Yamani (1312–1386 AH / 1894–1966 CE), published within his collected works, Athar al-Muallimi Athar Abd al-Rahman ibn Y…+1.

Manuscript and Publication

The treatise survives in a four-page autograph manuscript held at the Library of the Grand Mosque in Mecca under shelf mark no. 4786, found within a notebook containing miscellaneous writings Athar Abd al-Rahman ibn Y…. It was published as the fifth treatise in volume 19 of Athar al-Muallimi and is cataloged among his works under number 96 Athar Abd al-Rahman ibn Y…+1.

Themes and Contents

The treatise addresses the historical emergence of school partisanship (ta'assub) among the followers of the legal imams, its causes, its consequences, and how it should be redressed Athar Abd al-Rahman ibn Y…+1.

• Foundations of Religion and Non-Infallibility of the Imams: The work begins by establishing that religion is God's revealed law (shar' Allah), derived directly from the Quran and the Sunnah whenever possible, or through a trustworthy intermediary Risala fi al-Taassub al-M…. Al-Muallimi highlights that early scholars were subject to human error, as certain texts might not reach an imam, or might reach him through an unauthenticated route Risala fi al-Taassub al-M…. He cites how rulings were retracted when evidence emerged, and notes that early authorities—such as Abu Hanifa, Malik, and al-Shafi'i—explicitly forbade followers from blind imitation (taqlid), as recorded by al-Muzani in the opening of his Mukhtasar Risala fi al-Taassub al-M…+1.
• Historical Evolution of Partisanship: In early times, laymen consulted whichever scholar was available without confining themselves to a specific school Risala fi al-Taassub al-M…. Over time, scholarly competence declined, personal inclinations spread, and strict adherence to schools solidified Risala fi al-Taassub al-M…. Later jurists treated the sayings of their founding imams as fundamental principles (usul), elaborating branch rulings (furu') through analogy and pure conjecture—including far-fetched or impossible hypothetical scenarios Athar Abd al-Rahman ibn Y…+1. Subsequent generations replicated this process on the statements of earlier commentators, leading to rulings that frequently contradicted textual evidence and the objectives of the law Risala fi al-Taassub al-M….
• Typology of Jurists: Al-Muallimi explains that despite the spread of madhhabs, the Muslim community never collectively abandoned engagement with the Quran and the Sunnah Athar Abd al-Rahman ibn Y…+1. He divides scholars into three distinct categories:
  1. Independent scholars (mustaqill), whose affiliation to a madhhab was nominal only Risala fi al-Taassub al-M….
  2. Affiliated scholars (multazim), who adhered to a madhhab generally but adopted superior evidence whenever it contradicted their school's position Risala fi al-Taassub al-M….
  3. Strictly bound partisans (mutaqayyid), who acted as stubborn defense advocates for their school, rejecting or misinterpreting contrary evidence and unjustifiably attacking differing views to secure victory for their madhhab Risala fi al-Taassub al-M…+1.

The surviving autograph text concludes after outlining the prejudice and lack of fairness exhibited by rigid partisans in defending fallible positions Risala fi al-Taassub al-M….