Islamic Jurisprudence (part 14)

“Date: Fri, 11 Sep 1998 16:38:18 PDT
From: Rida Abd-arRehman <rida19@hotmail.com>
To: rida19@hotmail.com
Subject: Islamic Jurisprudence (part 14)

Assalamo alaikum,

Islamic Jurisprudence (part 14)

TAQLEED:

Taqleed linguistically means to follow others without thinking. As a juristic term it means to follow a Mujtahid's Ijtihad without comprehending the Daleel. In other words, the Muqallid (a person who practices Taqleed) may or may not know the Daleel. In addition, one may not know the reason for using the Daleel even though they know the Daleel.

There are two types of Muqallid:

A. Muttabi'a: is the follower who acquaints himself with the Daleel (evidence) used by the Mujtahid to arrive at the Ahkam but he does not have to comprehend the reason for using the specific Daleel.

B. Ammi is one who follows a Mujtahid's Ijtihad without asking for a Daleel.

Daleel for performing Taqleed:

"We have not sent before thee but men whom We reveal to them. So ask the people of knowledge if you know not." (A n-Nahl: 43)

This Ayah was revealed in response to the disbelievers' argument that Muhammad (saaw) was a human, but the meaning is general in the Arabic language. The meaning is that Allah (swt) orders those who do not know to ask those who know. Hence, Taqleed only in the Hukm Sharii is allowed for every Muslim. This understanding is further supported in the next paragraph by the incident narrated by Jabir (ra).

Jabir (ra) has narrated that one man suffered a wound to his head. While sleeping he had a wet dream. He asked the companions if he could make Tayamumm. They said that he had no excuse for not performing Ghusl. After performing Ghusl the man died. When the Prophet (saaw) was informed of the incident he (saaw) said:

"Verily it was enough for him to do Tayamumm, to place a piece of cloth on his head, which he should then wipe (Mas'h) and then for him to wash the rest of his body." He (saaw) then said: "They (the companions) should ask if they do not know." (Abu Daoud, Maja, Ahmad)

Thus, the Prophet (saaw) made it very clear to the companions that they should ask about the ruling if they are not aware of it.

Muslims Must Ask for Daleel:

Having given the Daleel for the permissibility of practicing Taqleed in Islam, it is crucial to point out that the follower must, when an issue confronts him, ask about its Hukm and Daleel. Our worship includes the pursuit of knowledge. As slaves of Allah (swt), we must know Allah's rule for every action we perform.

Narrated by Abdullah bin Amr: I heard the Prophet (saaw) say,

"Allah does not remove the Ilm after it was given to you, rather the Ilm would be removed with the death of the Ulema. Then some people, who are ignorant, will start giving their Ra'ee based on their desires and they are misled and will lead the Ummah astray." (Bukhari & Ahmad)

For Muslims to avoid the consequence of this Hadith, they must ask for a Daleel before performing Taqleed.

Taqleed is not practiced in the Aqeedah (Belief):

It should be clear that the subject of Taqleed is limited to the Hukm (rule) and does not include the Aqeedah (Belief). It is forbidden to make Taqleed in the creed, i.e. Aqeedah. Allah (swt) says,

"And if they said to them follow what Allah has revealed, they said but we follow what our forefathers left for us. Even if their fathers understood not, and were not guided." [Al-Baqarah: 170]

The nature of the Islamic Aqeedah leaves no room for Taqleed in it. The belief in Allah (swt) has to be built on the thinking and reflection of things around us. From this thinking we should arrive at the conclusion in the existence of the Creator, Allah (swt). Adding to this, the belief in Muhammad (saaw) is based on thinking about his miracle which still exists to this day, i.e. Quran. From this rational thinking one has to believe in whatever is mentioned in the Quran. However, memorizing the Daleel is not a must.

Muqallid Shifting from One Opinion to Another:

Sometimes it occurs to a person that he can choose between two rules derived from the Ijtihad of two Mujtahideen. For example, does touching one's wife break the Wudhu? Imam Shafii says yes. Imam Abu Hanifah says no.

Both opinions are based on the Daleel. Some say that Islam is easy; therefore, choose the easiest. After all both are Islamic opinions. To follow one of the opinions because of one's desire is totally Haram (forbidden), because following an Islamic opinion means following the Hukm Sharii. The obedience to Hukm Sharii is not based on hardship, easiness, or benefit. How then does a Muqallid choose between two Islamic opinions?

Allah (swt) says:

"If you dispute in a thing return it to Allah and the Prophet." [An-Nisa: 59]

The Muqalid should return to Allah (swt) and the Prophet (saaw). In practice, it means choosing the Mujtahid whom he is convinced with as having the correct ruling for the issue. Choosing the correct Mujtahid can be achieved through studying the opinion of the Mujtahideen and following the one that is most convincing. If a Muqallid does not know the evidence or is unable to verify the strength of the evidence, the best qualification to look for in a Mujtahid is a high degree of knowledge and Taqwa.

As a note of caution, it should be understood that one is not making Taqleed to the personality of the Mujtahid himself. If one follows a Madhab, one is not following a founder because of his personality, but because one believes that he had the correct understanding of Hukm Sharii on the issue. One must realize that he is obeying the Hukm Sharii, not Imam Abu Hanifah or Imam Shafii.

Following the Ijtihad of a Mujtahid is permitted in Islam. This is supported by the Quran, Sunnah, and Ijma as Sahabah. Throughout our history, the Muslims have been practicing Taqleed, to the extent that at one stage the door of Ijtihad was closed and everyone was performing Taqleed. This step was wrong because the existence of Mujtahideen in the Ummah is Fard (obligatory).

The problem we face today is not the problem of Taqleed, but the problem of ignorance. Even if everyone reaches a very high level of Islamic knowledge, some people will still be practicing Taqleed as happened during the time of the Sahabah (raa) and Tabeyeen.

We acknowledge that the loyalty to the Madhab has resulted in many problems, but this is the fault of the people's ignorance and not the existence of the Madhab. If the Madhahib were abolished and everyone was forced to make Ijtihad by themselves, the Muslims would be lost. In the same way that not all people are capable of becoming surgeons or lawyers, we cannot expect everyone to reach the level of a Mujtahid.

Taqleed is a necessity for those who are not capable of extracting the Hukm (ruling) directly from the text. This matter applies on all Muslims who do not know the Arabic language, Fiqh, etc.

Nevertheless, three crucial points need to be made on the subject of Taqleed:

A. Taqleed should not be practiced with any sense of partisanship to a particular Madhab. It is nothing more than the adoption of a particular school of thought. No one can or should claim that a particular Madhab is the only Islamic Madhab or that it has supremacy over others.

B. The obedience is to the Hukm Sharii and not to a Mujtahid.

C. Muslims should be encouraged to acquire the skills necessary to perform Ijtihad and thus should be encouraged to learn the Daleel of the rulings they are following. This will provide Muslims with knowledge in Fiqh as well as the action itself. Allowing Taqleed should not be taken as a license for endorsing ignorance or discouraging Muslims from enriching themselves in acquiring the tools necessary for performing Ijtihad.”

Source: Studies in Usul ul Fiqh by Iyad Hilal (pages 174-181)

Islamic Jurisprudence (part 14)