Sincere Muslims who may possess good intent, but are insufficiently educated in their Deen, are misled into accepting a myth of a so-called “fifth Madhhab” referred to as the “Ja’fari Madhhab,” supposedly named after Imam Ja’far as-Sadiq(rahmatullah alaih).
Such people are unaware of the fact that no such Madhhab exists, is not accepted by Muslims as a “fifth Madhhab,” and is an attempt by Shiites to gain acceptance from Muslims under the guise of a school of Islamic Law. Examination of this “Madhhab” by one who does not have a firm foundation in Shari’ah or a sound grasp on the existence and history of Islamic Law will lead one to unknowingly think: “This is very similar to the Maliki and Hanafi Madhhab.”
However we will try present before our readers the reality behind this myth propagated by Shiites. The reality of the Ja`fari sect, is that it isn’t the word of Shia Imam, it is simply the word of the Shia scholars, their Ijtihad and their opinions. Each grand Shia Mufti today, or as they like to call him “Marji”(also known as a marja-i taqlid which literally means “Source to Imitate/Follow”) has his own Madhab and Ijtihad, such as Rouhani or Sistani or Shirzai ect… each has different rulings and they are many, it is even considered prohibited for a Shia who follows a certain Marji` to go and take religious rulings from another Marji.
Just like Ahlul-Sunnah have the four renowned schools of jurisprudence Madhabs (i.e) Hanafi, Maliki, Shafi`i and Hanbali, we can easily say that each Shia Marji` is a Madhab of his own!! Sistani is a Madhab, Khomeini is a Madhab, Khu’i is a Madhab, Subhani is a Madhab, Fadlullah is a Madhab and so on.
Grand Shia Ayatullah Fadlullah confirms this stating:
ﺇﻥ ﺍﻟﻤﺸﻜﻠﺔ ﺍﻟﺘﻲ ﻧﻮﺍﺟﻬﻬﺎ ﻓﻲ ﺗﻌﺪﺩ ﺍﻟﻤﺮﺟﻌﻴﺎﺕ ﻫﻲ ﺍﻟﻤﺸﻜﻠﺔ ﺍﻟﺘﻲ ﻧﻮﺍﺟﻬﻬﺎ ﻓﻲ ﺗﻌﺪﺩ ﺍﻟﻤﺬﺍﻫﺐ ﺍﻟﻔﻘﻬﻴﺔ ﻷﻥ ﺍﻟﻤﺮﺟﻌﻴﺎﺕ ﻫﻲ ﻣﺬﺍﻫﺐ ﻓﻘﻬﻴﺔ ﻣﺘﻌﺪﺩﺓ ﻣﻦ ﺧﻼﻝ ﻃﺒﻴﻌﺔ ﺗﻨﻮﻉ ﺍﻟﻔﺘﺎﻭﻯ، ﻭﺗﻨﻮﻉ ﺍﻟﻨﻈﺮﻳﺎﺕ ﻓﻲ ﻫﺬﺍ ﺍﻟﻤﺠﺎﻝ
The problem that we are facing in having numerous Marja`iyat (plural of Marji`) is the same as that of having numerous Fiqhi Madhabs , because the Marji`iyat are numerous Fiqhi Madhabs in their natural variety of Fatwas and views.(“al-Ma`alim al-Jadidah lil Marji`iyah al-Shi`iyah” pg.117).
Basis of fiqh(jurispudence) rulings in Shiism:
Shia scholar Wahid Behbahani states in his book:
ﻭﺍﻣﺎ ﺍﻟﻤﺴﺎﺋﻞ ﺍﻟﻔﻘﻬﻴﺔ ﻓﻘﺪ ﺛﺒﺖ ﺟﻮﺍﺯ ﺍﻟﺘﻌﺒﺪ ﺑﺎﻟﻈﻦ ﻭﻭﺭﺩ ﺑﻪ ﺍﻟﺸﺮﻉ ﺍﻣﺎ ﻓﻲ ﺃﻣﺜﺎﻝ ﺯﻣﺎﻧﻨﺎ ﻓﻼ ﻳﻜﺎﺩ ﺗﻮﺟﺪ ﻣﺴﺄﻟﺔ ﺗﺜﺒﺖ ﺑﺘﻤﺎﻣﻬﺎ ﻣﻦ ﺍﻻﺟﻤﺎﻉ ﻣﻦ ﺩﻭﻥ ﺿﻤﻴﻤﺔ ﺃﺻﺎﻟﺔ ﺍﻟﻌﺪﻡ ﺃﻭ ﺧﺒﺮ ﺍﻟﻮﺍﺣﺪ ﺃﻭ ﺃﻣﺜﺎﻟﻬﺎ ﻭﻛﺬﺍ ﻣﻦ ﺍﻟﻜﺘﺎﺏ ﺃﻭ ﺍﻟﺨﺒﺮ ﺍﻟﻘﻄﻌﻲ ﻟﻮ ﻛﺎﻥ ﻣﻊ ﺃﻥ ﺍﻟﻤﺘﻦ ﻇﻨﻲ ﻓﻲ ﺍﻟﻜﻞ ﺳﻴﻤﺎ ﻓﻲ ﺃﻣﺜﺎﻝ ﺯﻣﺎﻧﻨﺎ
ﻭ ( ﺑﺎﻟﺠﻤﻠﺔ ) ﺍﻟﻤﺪﺍﺭ ﻋﻠﻰ ﺍﻟﻈﻦ ﻗﻄﻌﺎ ﻭﺍﻣﺎ ﻓﻲ ﺯﻣﺎﻥ ﺍﻟﺸﺎﺭﻉ ﻓﻜﺜﻴﺮ ﻣﻨﻬﺎ ﻛﺎﻧﺖ ﻣﺒﻨﻴﺔ ﻋﻠﻴﻪ ﻣﺜﻞ ﺗﻘﻠﻴﺪ ﺍﻟﻤﻔﺘﻴﻦ ﻭﺧﺒﺮ ﺍﻟﻮﺍﺣﺪ ﻭﻇﺎﻫﺮ ﺍﻟﻜﺘﺎﺏ
And as for the Islamic jurisprudential issues, so it has been established that following guesswork in it is allowed and it is stated in the sacred Islamic law.
As for the cases in our age, so hardly any Islamic jurisprudential matter is found established totally from consensus without supplementation of “asalah al
dam” 3 (An Islamic jurisprudential rule about certain things being originally impermissible), or khabar al wahid or similar; as well as from the Qur’an or an established hadith if even though the text was totally assumptive. (This is so) Especially in our time.
To conclude,the reliance upon guesswork is soundly established, and as for the period of the infallibles (as), then many issues among them were based on it (guesswork); such as taqlid of muftis, khabar al wahid and apparent text of the Qur’an.(Fawaid al Rijaliyah by Wahid Behbahani, Page 11)
Imam Ja’far al-Sadiq (rahimahullah):
His full name is Ja’far bin Muhammad bin Ali bin al-Husain bin Ali bin Abu Talib. He was a blessed Wali of Allah, He was from the scholars of Ahlesunnah and He was a Sunni in his beliefs(aqeedah). And also, He narrated several ahadeeth(narrations) in sunni books.
Today there is no such thing as a Ja’fari fiqh, though opinions of Imam Ja’far(rahimahullah) might be scattered here and there, and remnants of his Usool in some of his students work, However the Shiahs are not the ones to trust to begin with even if they claim they have it passed to them for it is very clear how Shia books are like, i.e Munqati(disconnected)’, Majhool(unknown), Mawdhoo(fabricated)’ etc etc. It is well known, the famous four Imams of Sunni Fiqh wrote many books pertaining to Islamic Jurisprudence, Doctrine, and Worship. The Four Sunni Madhhabs (Hanafi, Maliki, Shafi’i, and Hambali) were either founded by the four mentioned Imams themselves or by their students who expounded upon the decisions of these Imams. However , Imam Ja’far al-Sadiq(rahimahullah) did not write any books on such matters. In order to follow someone, their principles (usul) must have been codified, either by themselves or by their students, along with their verdicts on masa’il (issues) being preserved. But Imam Jafar al-Sadiq (rahimahullag) did not have his teachings properly codified.
Shias don’t follow the fiqh of Imam Jafar Sadiq(rahimahullah) but rather they follow bunch of liars from the city of Kufa and city of Qum who fabricated narrations and attributed them to Imam Jafar (rahimahullah) who was living in city of Madinah. But, that is not to say that none of his opinions have been properly preserved. For they have, in the Sunni books specially the Musannafs of Abu Bakr ibn Abi Shaybah and ´Abdur-Razzaq.
We do agree that there could be few traces of Jafari fiqh that have been preserved by Shia and Sunni scholars. But to say the fiqh is anything like that which current Shias propagate as ‘Jafari fiqh’, then we would completely and utterly disagree. Because Ja`fari fiqh which shias follow isn’t the word of the Imam Jafar(rahimahullah), it is simply the word of the Shia scholars, their Ijtihad and their opinions, as we have stated in the beginning.
From the facts presented, it is clear that the “Ja’fari Madhhab” is a non-existent ((and illegitimate) school of Islamic Law.
Muslims should not allow themselves or their family members to get tricked, swayed, or softened by Shiite propaganda.
This pertaining specifically to the majority of Shi’ah, being that of the Rawafidh(or Shiatu dajjal). They now hide behind the following names:
Jafria (also spelled as: Ja’faria, Jaffaria, or Ja’fariyya).
Shia “Marji ”(also known as a marja-i taqlid which literally means “Source to Imitate/Follow” or “Religious Reference”. It is the label provided to Shia authority, a Grand Ayatullah with the authority to make legal decisions for Shia followers and less-credentialed Shia clerics.
According to Usooli Shias after the Qur’an and the Prophets and Imams, Marjas are the highest authority on religious laws.)
Imami (Imamiyya, also referring to themselves as Imami Madhhab).
Ithnaa ‘Ashariya (commonly seen as Twelvers).
Al-Husainiyya (this is a misuse of the descriptive that is reserved only for the descendents of Imam al-Husain ibn Ali, radhiyallahu ‘anhu).