Must each Muslim know the proofs behind a religious action before performing that act? In Islam, what counts as “proof”? Is accepting a fatwa of a qualified Muslim scholar on trust, without knowing his legal reasoning, blind following? Can ordinary Muslims who’ve had no legal training evaluate proof-texts and identify the strongest view. How can Muslim laymen utilise their God-given intellects in matters of fiqh? How true is it that there is no “clergy” or magisterium in Islam when it comes to religious authority and knowledge? And who were the Four Imams addressing when they forbade taqlid? Such questions lie at the very heart of understanding what sound Islamic epistemology and orthodoxy is; generating huge schisms, strife and religious anarchy in the ummah wherever and whenever they are misunderstood. This article is an attempt to shed some much needed clarity, balance and authenticity on the subject; God-willing.
♦
Now if we strip these contentions down to their bare bones, they’ve historically been framed simply like this: What is the Islamic ruling (hukm) concerning taqlid, in terms of qualified jurists, as well as in terms of non-jurists and the general Muslim public? It is from this perspective that we’ll broach the above questions. For convenience sake, I’ve split the article into two parts because of its length.
A final point: Some will notice that I mostly cite from Hanbali and Shafi‘i scholars. The reason for this is simply because I have a working familiarity with the Hanbali school and its legal theory, and an acquaintance with Shafi‘i legal theory. But I cannot say the same for Hanafi and Maliki legal literature: hence the slant. Despite this, I believe that the overall picture represent the normative legal theory of all four law schools.
I. DEFINING TAQLID
Let us begin by first defining a few basic terms, so as to avoid any cross wires or being at cross purposes. Thus in Islam’s legal culture, the term taqlid has two meanings: one lexical, the other religious. Lexically, it stems from the word qalladah – a “collar” – and is defined as: ِوَضْعُ الْشَّيءِ فِي العُنُقِ مُحِيطاً بِه – ‘To place something around the neck so as to encircle it.’1 For the one doing taqlid, the muqallid, has entrusted his affair to the one he makes taqlid of. He is, so to speak, like someone being led by the collar.
Its religious/legal definition is: قَبُلُ قَوْلِ الغَيْرِ بِغَيْرِ حُجَّةٍ – ‘To accept the opinion of someone without knowing the proof.’2
Usually, but not always, the term taqlid refers to a layman (‘ammi) accepting a religious ruling from a qualified jurist, without knowing the proof (dalil) or legal rationale (ta‘lil) behind the ruling. In doing so, the layman resigns his affair to the scholar and agrees to be guided by him, out of a trust and a confidence he has in his scholarship. It is in this sense that jurists conventionally employ the term.3
II. UNDERSTANDING IJTIHAD
The science that evolved in understanding the shari‘ah, or Sacred Law of Islam, is called fiqh: usually translated as “jurisprudence”, and comes from the word faqiha, meaning: “to understand”. Fiqh, therefore, is all about understanding these divine laws and the way they shape the life-pattern of believers. Strictly speaking, shari‘ah refers to the body of laws revealed to the Prophet Muhammad ﷺ which he taught and lived by in his day to day life; while fiqh is the science of understanding, extracting and developing these laws – and this involves human effort.
Now “effort” in the area of jurisprudence is known as ijtihad (lit. “exertion”), and is the task of the mujtahid – a jurist qualified and capable of such juristic efforts, though only after receiving rigorous and prolonged legal training. For uncovering the intent of the Lawgiver – the murad al-shari‘ – and to infer new rulings and legislation from the root sources of Islamic law – the Qur’an and Sunnah, as well as analogy (qiyas) and scholarly consensus (ijma‘) – can be an uphill task. Often a mujtahid must struggle through long days and nights to reach a conclusion.
The phrase used to describe this effort is: بَذْلُ المَجْهُوْد or اِسْتِفْراغُ الْوُسْعِ – “expending every possible effort” so as to reach a legal judgement.4 The significance here is that ijtihad is not just one of juristic effort or exertion, but one of exhaustion! The mujtahid spends every possible effort, leaving no stone unturned, in order to arrive at a ruling. Ijtihad is certainly not merely surfing a few websites on the internet, or skimming some pages of a few Arabic books. It is nothing less than examining and interrogating all the relevant proof-texts on the matter before arriving at a legal judgement or hukm – however many hours, days weeks or months it may take.
III. AN INSIGHT INTO IJTIHAD
Jumping the gun slightly, let’s just get an idea into what level of learning is required so as to undertake ijtihad. Now ijtihad has varying levels. The highest is when a jurist can perform absolute ijtihad – i.e. they can infer rulings directly from the primary texts of the Qur‘an or Sunnah, unrestricted by anyone else’s legal framework. A mujtahid who reaches this rank is called a mujtahid mutlaq. Imam Ibn Hazm was one such mujtahid-jurist. Contextualising Ibn Hazm’s words: ‘I follow the truth, make ijtihad, and do not confine myself to a single law school (madhhab),’ Imam al-Dhahabi wrote:
نَعَمْ، مَنْ بَلَغَ رُتْبَة الاجْتِهَاد، وَشَهِد لَهُ بِذَلِكَ عِدَّة مِنَ الأَئِمَّةِ، لَمْ يَسُغْ لَهُ أَنْ يُقَلِّدَ، كَمَا أَنَّ الفَقِيْه المُبتدئ وَالعَامِي الَّذِي يَحفظ القُرْآن أَوْ كَثِيْراً مِنْهُ لاَ يَسوَغُ لَهُ الاجْتِهَاد أَبَداً، فَكَيْفَ يَجْتَهِدُ، وَمَا الَّذِي يَقُوْلُ؟ وَعلاَم يَبنِي؟ وَكَيْفَ يَطيرُ وَلَمَّا يُرَيِّش؟
“Yes! Whoever reaches the level of ijtihad, and a number of scholars testify to it, taqlid is not allowed to him. Much like how a novice jurist, or a layman who has memorised the Qur’an or most of it, is not permitted to attempt ijtihad at all. How could he make ijtihad? What could he possible say? On what can he base his opinion? How can he fly and he has yet to grow wings?5
He then proceeds to detail the type of learning needed to reach a rank of ijtihad below that of the highest or absolute level. He says:
الفَقِيْهُ المنتهِي اليَقظ الفَهِم المُحَدِّث، الَّذِي قَدْ حَفِظ مُخْتَصَراً فِي الْفُرُوع، وَكِتَاباً فِي قوَاعد الأُصُوْل، وَقرَأَ النَّحْو، وَشَاركَ فِي الفضَائِل مَعَ حِفْظِهِ لِكِتَابِ اللهِ وَتشَاغله بتَفْسِيْره وَقوَةِ مُنَاظرتِهِ، فَهَذِهِ رُتْبَة مِنْ بلغَ الاجْتِهَاد المُقيَّد، وَتَأَهَّل لِلنظر فِي دلاَئِل الأَئِمَّة، فَمتَى وَضحَ لَهُ الحَقُّ فِي مَسْأَلَة، وَثبت فِيْهَا النَّصّ، وَعَمِلَ بِهَا أَحَدُ الأَئِمَّةِ الأَعْلاَمِ كَأَبِي حَنِيْفَةَ مِثْلاً، أَوْ كَمَالِك، أَوِ الثَّوْرِيِّ، أَوِ الأَوْزَاعِيِّ، أَوِ الشَّافِعِيِّ، وَأَبِي عُبَيْدٍ، وَأَحْمَدَ، وَإِسْحَاق، فَلْيَتَّبع فِيْهَا الحَقّ وَلاَ يَسْلُكِ الرّخصَ، وَلِيَتَوَرَّع، وَلاَ يَسَعُه فِيْهَا بَعْدَ قيَام الحُجَّة عَلَيْهِ تَقليدٌ.
‘An extremely versed and brilliant jurist who – having committed to memory a primer in law, as well as a book on juristic maxims and on legal theory; has mastered grammar; memorised the Book of God and busied himself with its exegesis; possessesing a sharp, analytical mind – has now reached a rank of restricted ijtihad and is thus qualified to investigate the textual reasoning of the leading scholars. Thus when the truth becomes apparent to him in a given issue, and the proof well established, and it has been acted upon by one of the great Imams like Abu Hanifah, for instance, or Malik, al-Thawri, al-Awza‘i, al-Shafi‘i, Abu ‘Ubayd, Ahmad or Ishaq, he follows [what he sees as] the truth; without chasing concessions, but instead by being diligent. Taqlid is unlawful to him in the issue after the proofs have been established to him.’6
Now compare this with the da‘wah that insists (or at the very least, encourages) those who don’t have even an iota of the above depicted skill-set to “investigate” and “weigh-up” the proofs! Such an insane approach isn’t just reckless. It is possibly the single most significant cause for religious anarchy, extremism, and undermining shari‘ah structures to have ever afflicted the body of the ummah. For when juristic restraints are loosened, and handed to those wholly unfit for purpose, all things run amok!
IV. DIVINE LAW AND THE DETAIL
Let’s shuffle back to the issue of taqlid. In Islam, religious terms or concepts often have nuances or multiple meanings. Thus, both justice and academic integrity demand that we take to tafsil, “distinction” and “detail” and not be black and white. It might even be said (figuratively, of course) that when it comes to Islamic law, it is the divine – and not the devil – that is in the detail! To this end, Ibn al-Qayyim versified:
فَعَلَيْكَ باِلتَّفْصِيْلِ وَالتَّميِيْزِ فَال/إِطْلاقُ والإجْمالُ دُوْنَ بَيانِ
قَدْ أفْسَدَا هَذَا الوُجُودَ وخَبَّطَا الْ /أَذْهانَ وَالآراءَ كُلَّ زَمانِ
‘Take to distinction and differentiation;
For generalisations without clarification;
Have corrupted this existence and ruined
Intellects and opinions in every age.’7
With that in mind, the texts of the Book and the Sunnah, and the words of the eminent jurists, identify that taqlid is of two types: one prescribed, the other prohibited. Getting to the nub of the matter, one jurist wrote: ‘It is obligatory upon the lay people who do not have the ability to learn [proofs or means of juristic inference], to ask the scholars, and to then act on the fatwas they are given. This is taqlid in the conventional sense; its reality being: “Accepting the view of someone without knowing the proof.” And it is of two types: permissible and impermissible.’8
V. THE PRESCRIBED TAQLID
Here now is an outline of the lawful form of taqlid, courtesy of Shaykh Muhammad al-Amin al-Shanqiti, followed by its textual justifications:
وَالتَّحْقِيقُ : أَنَّ التَّقْلِيدَ مِنْهُ مَا هُوَ جَائِزٌ، وَمِنْهُ مَا لَيْسَ بِجَائِزٍ … أَمَّا التَّقْلِيدُ الْجَائِزُ الَّذِي لَا يَكَادُ يُخَالِفُ فِيهِ أَحَدٌ مِنَ الْمُسْلِمِينَ ، فَهُوَ تَقْلِيدُ الْعَامِّيِّ عَالِمًا أَهْلًا لَلْفُتْيَا فِي نَازِلَةٍ نَزَلَتْ بِهِ ، وَهَذَا النَّوْعُ مِنَ التَّقْلِيدِ كَانَ شَائِعًا فِي زَمَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلَا خِلَافَ فِيهِ. فَقَدْ كَانَ الْعَامِّيُّ يَسْأَلُ مَنْ شَاءَ مِنْ أَصْحَابِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ حُكْمِ النَّازِلَةِ تَنْزِلُ بِهِ ، فَيُفْتِيهِ فَيَعْمَلُ بِفُتْيَاهُ
‘Inquiry establishes that there is a type of taqlid that is permissible and a type that isn’t permissible … As for the permissible taqlid, which none from the Muslims contest, it is a layman’s taqlid of a scholar qualified to give fatwas about various occurrences. This type of taqlid was in vogue during the Prophet’s time ﷺ and there was no difference about it. So the layman would ask whoever he wished from the Companions of Allah’s Messenger ﷺ about the ruling for the situation he faced. When a response was given, he acted on it.’9
As for the textual proof for this type of taqlid, and who it applies to, this next account goes a long way in bringing clarity to the matter:
‘The legislated taqlid is performing taqlid of the scholars whenever there is an inability to decipher proof-texts. Those to whom this applies are of two groups: Firstly, the lay people who aren’t versed in jurisprudence (fiqh) or in the prophetic traditions (hadiths); nor can they evaluate the words of the scholars. Such people are required to perform taqlid; there being no contention over this. In fact, a number of jurists have recorded a consensus to this effect.
‘Secondly, a person that has acquired some awareness of a law school, and has studied a few of the texts of the later scholars … yet despite this, is deficient in examining proofs or evaluating the opinions of the jurists. Such a person must also perform taqlid. He is not obliged to shoulder what he cannot, for: Allah does not charge a soul with more than it can bear. [2:286]
‘The textual stipulations from the scholars about the legality of taqlid for such people are many, well-known, and rooted in Allah’s words: فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنتُمْ لاَ تَعْلَمُونَ – So ask the people of knowledge if you do not know. [21:7]; and in the Prophet’s words ﷺ that say: أَلاَّ سَأَلُوا إِذْ لَمْ يَعْلَمُوا فَإِنَّمَا شِفَاءُ الْعِيِّ السُّؤَالُ – “Why didn’t they ask if they knew not? The cure for ignorance is to ask.”10
‘The lay people haven’t ceased – since the time of the Companions, the Successors, and their followers – asking their scholars about rulings of the shari‘ah. Scholars, in turn, have readily responded to such queries without necessarily mentioning proofs; nor did they forbid this to them in the least. So this is a point of consensus on the lawfulness of the laity making taqlid of their mujtahid scholars, and that they are only required to do this of one whom they consider to be a scholar.’11
VI. CONSENSUS OVER THE PRESCRIBED TAQLID
As alluded to, the prescribed taqlid is a matter about which jurists are unanimous. That is to say, it is a point of scholarly agreement or consensus (ijma‘), and is thus a hallmark of Islamic orthodoxy; of ahl al-sunnah wa’l-jama‘ah. In fact, historically, only a handful of deviant innovators have ever rejected it.
So, for instance, Ibn Qudamah stated: وَأَمَّا التَّقْلِيدُ فِي الْفُرُوعِ فَهُوَ جَائِزٌ إِجْمَاعًا – ‘As for taqlid in the detailed branches of the law (furu‘), it is permitted by consensus.’12
Imam al-Qurtubi has similarly written: ‘There is no difference among the scholars that the lay people should perform taqlid of their scholars.’13
Ibn Qudamah also tells us of who injected this erroneous idea into the religion, seeking to burden the masses, and other non-specialists in fiqh, with an impossible task:
وَذَهَبَ بَعْضُ الْقَدَرِيَّةِ إِلَى أَنَّ الْعَامَّةَ يَلْزَمُهُمُ النَّظَرُ في الدَّلِيْلِ في الْفُرُوْعِ أَيْضاً ، وَهُوَ بَاطِلٌ بِإِجْمَاعِ الصَّحَابَةِ
‘It is the view of some of the Qadariyyah that the lay people are required to investigate the proofs, even in the furu‘. But this is futile by consensus of the Companions.’14
Thus the belief requiring lay people to first know the evidence for the religious ruling they wish to act upon, isn’t just a hopeless and undoable task. The actual antecedent or predecessors of this bid‘ah was a faction of the Qadariyyah: one of the most heterodox and misguided of the seventy-two sects.
VII. THE MUQALLID & THE COMPLETE PICTURE
Now if taqlid is defined as a person following a scholarly opinion while not knowing the proof, how can a partially learned person, or a layman who is familiar with a proof-text or two in a few religious issues, be considered a muqallid? Ibn Taymiyyah furnishes us with the answer. He explains:
فَأَمَّا مَنْ لَمْ يَعْرِفْ إلَّا قَوْلَ عَالِمٍ وَاحِدٍ وَحُجَّتَهُ دُونَ قَوْلِ الْعَالِمِ الْآخَرِ وَحُجَّتِهِ فَإِنَّهُ مِنْ الْعَوَامِّ الْمُقَلِّدِينَ؛ لَا مِنْ الْعُلَمَاءِ الَّذِينَ يُرَجِّحُونَ وَيُزَيِّفُونَ
‘As for a person who knows the opinion of one scholar and his proof, but not the other scholar and his proofs, then he is from the generality of the muqallids. He isn’t from the scholars capable of evaluating and weighing-up [proofs].’15
This is a highly important point that is all too often misunderstood. The great bulk of jurists maintain that if a person knows a proof-text for any given issue, but is unaware of the complete proofs, he is still a muqallid (albeit one familiar with a proof or two, but not enough to evaluate the juristic strengths and weaknesses of each argument). This “complete” knowledge has three aspects to it: Firstly, knowing the relevant proof-texts. Secondly, knowing how legal rulings are extracted from them. Thirdly, knowing how to resolve any textual conflicts (ta‘arrud al-adillah). So the muqallid includes: (i) a layman who does not know the proof-texts; and (ii) someone who knows some proof-texts, but in an incomplete manner.
VIII. LET US ALL GROW IN SACRED LEARNING
The Prophet ﷺ said in regards to the excellence of seeking sacred knowledge: مَنْ سَلَكَ طَرِيقًا يَلْتَمِسُ فِيهِ عِلْمًا سَهَّلَ اللَّهُ لَهُ طَرِيقًا إِلَى الْجَنَّةِ – ‘Whosoever traverses a path in order to seek knowledge, Allah will make easy for him a path to Paradise.’16
Another hadith says: مَنْ تَعَلَّمَ عِلْمًا مِمَّا يُبْتَغَى بِهِ وَجْهُ اللَّهِ عَزَّ وَجَلَّ لاَ يَتَعَلَّمُهُ إِلاَّ لِيُصِيبَ بِهِ عَرَضًا مِنَ الدُّنْيَا لَمْ يَجِدْ عَرْفَ الْجَنَّةِ يَوْمَ الْقِيَامَةِ – ‘Whoever learns knowledge by which the face of Allah is to be sought, but does so only to acquire some worldly thing, shall not smell the fragrance of Paradise on the Day of Resurrection.’17
Just because lay people aren’t obligated to know the proof behind a fatwa of ruling they read or are given, should not prevent them from increasing in their overall knowledge of the Qur’an or the Hadith corpus. As a rule of thumb, it is encouraged for all Muslims to increase in their share of sacred knowledge. Let the lay people apply their God-given intellects to grow in understanding textual proofs related to religious foundations (usul al-din), ethics and good character, matters of the heart and spiritual growth, and basic rights and responsibilities. Books like Imam al-Nawawi’s Riyadh al-Salihin are priceless in this regard. It is only in the area of detailed Islamic law, in fiqh, where the proofs are usually complex and difficult to fathom without legal training. And it is here that taqlid is legislated in order to relieve such hardships. Al-Khatib al-Baghdadi remarked:
‘As far as the Islamic rulings go, they are of two types. Firstly, those known by necessity to be part of the Prophet’s religion ﷺ – like the five daily prayers, zakat, or pilgrimage; and the prohibition of adultery, intoxicants, etc. In such issues taqlid is not allowed, for these are issues every person must know. The second: rulings that need to be inferred, like the details of the acts or worship (‘ibadat) or the social transactions (mu‘amalat). It is in these issues that taqlid is permitted.’18
So let the lay people grow in sacred knowledge and engage with the texts of the Qur‘an and hadiths in such clear-cut and unambiguous matters; whilst avoiding giving fatwas, inventing their own interpretations or speaking about religious matters without sound comprehension. And there’s plenty here for them to get on with. Even then, when they are unsure of what the texts mean or point to, let them heed Allah’s bidding: فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنتُمْ لاَ تَعْلَمُونَ – So ask the people of knowledge if you do not know. [21:7].
Perhaps it doesn’t need saying, but I’ll say it anyway. It’s not that the muqallid is seen as foolish or unintelligent. For muqallids could be theoretical physicists, mathematicians, doctors, erudite economists, philosophers, accountants, or a host of other professions which require intelligence and specialist learning. They could even be scholars in other branches of Islam: hadith experts, seasoned Arabic grammarians, cultivated linguists, accomplished theologians, or highbrow historians. But they aren’t schooled in fiqh and legal theory, and are not capable of ijtihad in juristic matters. And that, in itself, is not a blight upon their faith, character, or intellectual abilities.
IX. GOOD TAQLID: THE BOTTOM LINE
It terms of the legislated taqlid, it pretty much boils down to what Shaykh al-Islam Ibn Taymiyyah encapsulated when he said:
وَاَلَّذِي عَلَيْهِ جَمَاهِيرُ الْأُمَّةِ أَنَّ الِاجْتِهَادَ جَائِزٌ فِي الْجُمْلَةِ؛ وَالتَّقْلِيدَ جَائِزٌ فِي الْجُمْلَةِ لَا يُوجِبُونَ الِاجْتِهَادَ عَلَى كُلِّ أَحَدٍ وَيُحَرِّمُونَ التَّقْلِيدَ وَلَا يُوجِبُونَ التَّقْلِيدَ عَلَى كُلِّ أَحَدٍ وَيُحَرِّمُونَ الِاجْتِهَادَ وَأَنَّ الِاجْتِهَادَ جَائِزٌ لِلْقَادِرِعَلَى الِاجْتِهَادِ وَالتَّقْلِيدَ جَائِزٌ لِلْعَاجِزِ عَنْ الِاجْتِهَادِ
‘That which the vast majority of the ummah hold to is that ijtihad is allowed in general, and taqlid is allowed in general. Ijtihad isn’t obligated on everyone and taqlid forbidden, nor is taqlid obligated on everyone while ijtihad forbidden. Rather, ijtihad is for the one capable of it, while taqlid is for those who are incapable of it.’19
Again, stressing the limitations of a muqallid layman in the detailed and exacting art of fiqh, Ibn Taymiyyah reminds us that the muqallid is in no position whatsoever to make a just or knowledge-based evaluation of the proof-texts or scholarly positions in strictly legal matters:
لَا يَجُوزُ لِأَحَدِ أَنْ يُرْجِحَ قَوْلًا عَلَى قَوْلٍ بِغَيْرِ دَلِيلٍ، وَلَا يَتَعَصَّبُ لِقَوْلِ عَلَى قَوْلٍ وَلَا قَائِلٍ عَلَى قَائِلٍ بِغَيْرِ حُجَّةٍ؛ بَلْ مَنْ كَانَ مُقَلِّدًا لَزِمَ حُكْمَ التَّقْلِيدِ، فَلَمْ يُرَجِّحْ، وَلَمْ يُزَيِّفْ، وَلَمْ يُصَوِّبْ، وَلَمْ يُخَطِّئْ؛
‘It is not permissible for anyone to prefer one view over another without a proof, nor to be bias towards one opinion over another; or one person’s saying over another, without an evidence. Instead, whoever is a muqallid, then the ruling of taqlid applies to him: he cannot weigh-up, evaluate, or judge [a view] to be correct or incorrect.’20
Another demand arising from taqlid is: ‘There is a consensus among the Muslims that it is unlawful for a muqallid to state that something is halal or haram in those issues of ijtihad where he is doing taqlid of someone else. What he may say is: “This is the ruling in the madhhab I follow” or that: “I sought a fatwa and this was the response.”’21 If only people stuck to their levels and put the above rule into practice. So many quarrels and disputes would vanish into the twilight as egos wore thin and righteous conduct rolled in. But alas! Our social media age, whilst permitting a greater flow of information, has now elevated the hasty and ill-informed opinion to the same level as the seasoned and qualified one!
One last point. If this kind of taqlid is sanctioned by the Book and the Sunnah; and not only that, but jurists have a consensus about its legality, one cannot use a derogatory term for what Islam prescribes – i.e. taqlid is merely “blind-following.” Rather, this type of taqlid is Islamic, praiseworthy and must be seen for what it truly is: ‘The following of qualified scholarship in the details of the religion.’ After all, does one not get rewarded by Allah for this type of taqlid? Does it not count as an act of divine obedience drawing one closer to Allah?
X. THE PROHIBITTED TAQLID
Having covered the outlines of the prescribed taqlid, in particular how it relates to the layperson and anyone else incapable of ijtihad, let us now turn to the forbidden taqlid. Here, Ibn al-Qayyim said: ‘A mention about the details of taqlid and that it is classified into: [1] the prohibited; [2] the obligatory; [3] the permitted, but not obligatory.’22
Then he writes that the forbidden kind of taqlid takes three forms, which he goes on to elaborate as being:
أَمَّا النَّوْعُ الْأَوَّلُ فَهُوَ ثَلَاثَةُ أَنْوَاعٍ : أَحَدُهَا: الْإِعْرَاضُ عَمَّا أَنْزَلَ اللَّهُ وَ عَدَمُ الِالْتِفَاتِ إلَيْهِ اكْتِفَاءً بِتَقْلِيدِ الْآبَاءِ. الثَّانِي: تَقْلِيدُ مَنْ لَا يَعْلَمُ الْمُقَلِّدُ أَنَّهُ أَهْلٌ لَأَنْ يُؤْخَذَ بِقَوْلِهِ. الثَّالِثُ: التَّقْلِيدُ بَعْدَ قِيَامِ الْحُجَّةِ وَ ظُهُورِ الدَّلِيلِ عَلَى خِلَافِ قَوْلِ الْمُقَلَّدِ
‘The first category is of three types: Firstly, to turn away from what Allah has revealed and not resort to it, sufficing instead with following one’s forefathers. Secondly, doing taqlid of someone, not knowing if they are qualified so that they can be authoritatively followed. Thirdly, doing taqlid in the face of the proof being established, and it is clear that the proof opposes the view of the authority being followed.‘23
This concludes the first part of the discussion. The second begins by looking into each of these three types of forbidden taqlid and, in the process, sweep away the myths and misinterpretations that have crept into this area, and that erroneously pass as religion in certain quarters of Muslim thought. The words of the Four Imams and their censure of taqlid will also be put into their rightful context. Finally, I’ll attempt to round off the article with a brief word about madhhabs.
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1. Al-Tufi, Sharh Mukhtasar al-Rawdah (Beirut: Mu’assasah al-Risalah, 1410H), 3:650.
2. Al-Ghazali, al-Mustasfa min ‘Ilm al-Usul (Cairo: Maktabah al-Tijariyyah, 1356H), 2:387.
3. See: Bakr Abu Zayd, al-Madkhal al-Mufassal ila Fiqh Ahmad b. Hanbal (Riyadh: Dar al-Tawhid, 1411H), 1:64.
4. See: al-Ba‘li, Talkhis Rawdat al-Nazir (Riyadh: Maktabah al-Rushd, 1429H), 347.
5. Siyar A‘lam al-Nubala (Beirut: Mu’assasah al-Risalah, 1419H), 18:191.
6. ibid., 18:191.
7. Al-Kafiyat al-Shafiyah (Makkah: Dar ‘Alam al-Fawa’id, 1428H), vv.774-75; 237.
8. Bakr Abu Zayd, al-Madkhal al-Mufassal, 1:64.
9. Al-Shanqiti, Adwa’ al-Bayan (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1417H), 7:318.
10. Abu Dawud. no.336; Ibn Majah, no.572. It was graded sahih due to supporting chains in al-Albani, Sahih al-Jami‘ al-Saghir (Beirut: al-Maktab al-Islami, 1406H), no.4362.
11. Ibn Mu‘ammar, Risalah fi’l-Ijtihad wa’l-Taqlid (Jeddah: Dar al-Andalus, 1421H), 43-6.
12. Rawdat al-Nazir wa Jannat al-Manazir (Riyadh: Maktabah al-Rushd, 1414H), 3:1015
13. Al-Jami‘ li Ahkam al-Qur’an (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1417H), 11:181
14. Rawdat al-Nazir, 3:1019.
15. Majmu‘ Fatawa (Riyadh: Dar ‘Alam al-Kutub, 1412H), 35:233.
16. Muslim, no.2699.
17. Abu Dawud, no.3664. Al-Nawawi declared its chain sahih in Riyadh al-Salihin (Saudi Arabia: Dar Ibn al-Jawzi, 1422H), no.1399.
18. Al-Faqih wa’l-Mutafaqqih (Riyadh: Dar al-Ifta, 1389H), 2:67.
19. Majmu‘ Fatawa, 20:203-04.
20. ibid., 35:233.
21. Al-Madkhal al-Mufassal, 1:73.
22. I‘lam al-Muwaqqi‘in (Saudi Arabia: Dar Ibn al-Jawzi, 1423H), 3:447.
23. ibid., 3:447.
Reblogged this on Blogging Theology.
Thanks again for the reblog, Paul. May Allah bless you. And keep up the good work on Blogging Theology.
MashaAllah very comprehensive
Thank you, and jazakallahu khayran.
Crucial information about an issue we see to often in our communities:
Reblogged this on The Fahlito Brigante Blog and commented:
“The legislated taqlid is performing taqlid of the scholars whenever there is an inability to decipher proof-texts. Those to whom this applies are of two groups: Firstly, the lay people who aren’t versed in jurisprudence (fiqh) or in the prophetic traditions (hadiths); nor can they evaluate the words of the scholars. Such people are required to perform taqlid; there being no contention over this. In fact, a number of jurists have recorded a consensus to this effect.
‘Secondly, a person that has acquired some awareness of a law school, and has studied a few of the texts of the later scholars … yet despite this, is deficient in examining proofs or evaluating the opinions of the jurists. Such a person must also perform taqlid. He is not obliged to shoulder what he cannot, for: Allah does not charge a soul with more than it can bear. [2:286]…..One last point. If this kind of taqlid is sanctioned by the Book and the Sunnah; and not only that, but jurists have a consensus about its legality, one cannot use a derogatory term for what Islam prescribes – i.e. taqlid is merely “blind-following.” Rather, this type of taqlid is Islamic, praiseworthy and must be seen for what it truly is: ‘The following of qualified scholarship in the details of the religion.’ After all, does one not get rewarded by Allah for this type of taqlid? Does it not count as an act of divine obedience drawing one closer to Allah?”