The Ḍhāhirī madhhab is founded upon the Book, the Sunnah, consensus and what is called istiṣḥāb which means to leave a ruling based on a text as it is, unless changed by another text. They reject the use of raʾī (opinion) under which are included analogy (qiyās), istiḥsān, and maṣālih mursalah. They operate only on the text and take it at face value, and do not look at underlying reasons (ʿilal) behind rulings. This led them to fall into errors in many affairs.
Shaykh Bin Bāz (رحمه الله) said:[1]
The approach of the Ḍhāhiriyyah is well known. It is the approach followed by Dawūd bin ʿAlī al-Ḍhāhirī, Abū Muḥammad bin Ḥazm and those who speak with their saying. It means to take the apparent meaning of texts (in matters of jurisprudence) without considering the underlying reasons (ʿilal) or analogies (qiyās).
Hence, they do not admit the use of analogy or reasoning (taʿlīl, when discussing and deriving rulings). Rather, they speak with the apparent meaning of commands and prohibitions, disregarding the underlying reasons and meanings (which qualify and clarify what is intended).
They have been called “Ḍhāhiriyyah” for this reason, because they take the apparentness (of the texts) without looking at underlying reasons, wisdoms and legislative analogies indicated by the Qurʾān and the Sunnah.
However, their approach overall is better than the approach of those who rely purely on personal opinion, those who employ opinions and analogies (in deduction of rulings), and turn away from giving consideration to legislative evidences from the Book and the Sunnah.
However, they (the Ḍhāhiryyah) have deficiency and have been criticised for their rigidity in adhering to the apparentness (of legal texts), and their failure to consider the underlying reasons, wisdoms and secrets which are indicated by the Lawgiver (Allāh) and intended. For this reason, they erred in many affairs which were indicated by the Qurʾān and the Sunnah.
And Allāh is the granter of success.
01 The original founder of this madhhab was Abū Sulaymān Dawūd bin ʿAlī al-Aṣfahānī (d. 270H), who took knowledge in Bagdhād from scholars such as Abu Thawr and Isḥaq bin Rāhūyah and students of al-Shāfiʿī. But he turned towards the apparentness of legal texts and denied any role for analogy (qiyās) or identifying underlying reasons (taʿlīl) for legislative rulings in the texts.
02 Abu Muḥammad ʿAlī bin Aḥmad bin Saʿīd bin Ḥazm al-Andalūsī (d. 456H) was a prolific and intelligent scholar. He ascribed to the Sunnah and venerated it, but he erred in certain areas of the foundations and branches. He followed the saying of Philosophers and Jahmites regarding Allāhs’ attributes, denied the use of analogy (qiyās) altogether, and followed the apparentness (ḍhāhir) of legal texts, and this led him to many errors, despite his overlowing intelligence. He also spoke ill of many of the scholars of his time which is one of the reasons why his madhhab did not spread and become popular. He had strong refutations of the doubts and claims of the Jews and the Christians.