Tuesday 8 May 2012

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The objective and purpose of taqleed have been clarified earlier. The accusation of taqleed being blind following in the sense of not being governed by reason or purpose is therefore palpably false.


When the Muqallid (Follower or person who makes taqleed) follows an Imam or Madhhab he understands it to be a trustworthy guide and the safest course to obedience to the commands of Allah (swt) and the teachings (Sunna) of the Messenger (saw). He concedes his lack of competence in understanding the Qur’an and hadith. Resorting to a self-study of the Book and the Hadith and forming his own opinion is akin to bartering away his faith. He thus opts for the safest and surest way to the obedience and pleasure of Allah and his Messenger (saw) which is Taqleed. Is this being reckless? Is this blind following? May Allah save us from the deception of Satan and the evil schemes of the Nafs. Aamin.


When none of the connotations of ‘blind’ portray the true (meaning of) taqleed, the usage of this word in relation to the same is crass ignorance or malicious obstinacy. May Allah save us from the evils of the tongue and the Nafs.


The taqleed of taqleed-rejecters:


As far as the taqleed rejecters’ are concerned, it should be understood that according to their own principle (of taqleed being haram) it is impossible for them to practice on the hadith. This is because practicing on hadith is only possible through taqleed of the scholars in the issue of the traditions being rigorously authenticated (sahih), weak (da’if), imperative for following (wajib al-‘amal), Mustahab (allowed) or impermissible. 


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And it is obvious that this is strict taqleed in the laws of the Shari’ah. Doubtless, the question of a hadith being incumbent for practice or vice versa or disallowed for practice or vice versa is an issue pertaining to commands (Ahkam). It is for this reason that the jurists discuss the various laws governing the Sunna – its acceptance, rejection, employment, relaxation and the rules pertaining to the narrators – in Fiqh and Usul al-Fiqh; these issues being elements of Ahkam (Laws).


When the rejecters reject taqleed then what gives them the right to make taqleed of the hadith scholars in these issues and on what basis do they declare the views and juristic reasoning of the traditionists in the field of hadith classification to be conclusive evidence in the Shari’ah?


3. Taqleed during the Prophet’s (saw) era:


3.1 Narrated Al-Aswad bin Yazid: Mu'adh bin Jabal came to us in Yemen as a teacher and a governor, and we (the people of Yemen) asked him about (the distribution of the property of) a man who had died leaving a daughter and a sister. Mu'adh gave the daughter one-half of the property and gave the sister the other half. 
Bukhari, Kitab al-Fara'id, Volume 8, Book 80, Number 726. 


The version in Abu Dawood adds, "This was in the Prophet's (saw) lifetime." 


We learn from this hadith that taqleed was in vogue during the blessed era of the Prophet (saw). The questioner did not ask for proof. 


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He accepted the fatwa of Hadrat Mu’adh purely on the basis of the latter’s integrity. This is taqleed. Then there is no evidence of the Prophet (saw) disagreeing with the fatwa or its implementation. Nor for that matter is any difference or rejection recorded. Thus, permissibility of taqleed and its freely open practice during the Messenger’s (saw) lifetime is established.


3.2. Yahya related to me from Malik that Yahya ibn Sa'eed said that Sulayman ibn Yasar told him that Abu Ayyub al-Ansari once set off to do Hajj and then, when he reached al-Naziya, on the road to Makka, his riding beasts strayed. He reached ‘Umar ibn al-Khattab on the day of sacrifice and told him what had happened and ‘Umar said, "Do what someone doing Umra would do, and then you can leave ihram, and then when the hajj next comes upon you, do it and sacrifice whatever animal is easy for you."
Muwatta’ Malik, Hajj, chapter 20, hadith 162.


From this hadith we learn that those Companions who could not make Ijtihad would make taqleed of the Mujtahideen Sahaba. Hadrat Abu Ayyub was also a Companion and he did not ask Hadrat ‘Umar for evidence of his fatwa. 


3.3 Incidents of this nature among the Companions and even during the blessed era of Allah’s Messenger (saw) and fatawa without references and proofs among the Sahaba or among the Tabi’un and Companions have been documented with such abundance that it is a difficult task to compile them all. Those who are versed in hadith literature are well aware of this. 


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4. Following a particular Imam or School: 


4.1 Hadrat Hudhayfa (ra) narrated that the Prophet (saw) said: “I don’t know how long I will be with you people. Therefore, follow these two after me.” The Messenger (saw) indicated Abu Bakr (ra) and ‘Umar (ra). 
Jame’ Tirmidhi, Musnad Ahmad (5/399), “Fada’il al-Sahaba” (479), Tahawi in “Sharh Mushkil al-Athar” (1233), Ibn Hibban (6902), Ibn Sa’ad (2/334).


Also Imam Tirmidhi narrated, "Hudhaifa (ra) said: The Prophet (saw) said, “Follow these after me: Abu Bakr and Umar.”
Jame' Tirmidhi, Al-Manaqib, hadith 3662.


The meaning of “after me” is; during their Caliphate. So, the order is to follow them during their respective terms of Caliphate. Obviously, the Caliph is a single person. The conclusion is to follow Hadrat Abu Bakr (ra) and Hadrat ‘Umar (ra) during their Caliphates. 


So, the Prophet (saw) instructed that one particular person be followed for a specific time.  Nowhere did he say that proof for Ahkam should also be enquired. Nor was it a standard practice for ascertaining the proof for every mas’ala. This is nothing but following an Imam or Madhhab.


4.2 see 3.1


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Just as taqleed being Sunna is proven from this hadith as mentioned in 3.1, similarly this hadith confirms Taqleed of an Imam or Madhhab. The reason being that when the Prophet (saw) sent Hadrat Mu’adh to Yemen to teach the commandments of the religion he most assuredly gave permission to the Yemenis to refer to him in all their affairs. This is taqleed of an Imam.


4.3 Narrated Hudhayl bin Shurahbeel: Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas'ud, he will tell you the same." Ibn Mas'ud was asked and was told of Abu Musa's verdict. Ibn Mas'ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we came to Abu Musa and informed him of Ibn Mas'ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."
Bukhari, Kitab al-Fara'id, Volume 8, Book 80, Number 728, Abu Dawud, Tirmidhi. (This is Bukhari's version)


Anyone can understand from the statement of Abu Musa (ra), “As long as he is among you, do not refer to me” that he instructed them to take all their questions to him (Ibn Mas’ud). And this is taqleed of an Imam; to refer all of one’s queries, due to some determining factor to one scholar and act according to his ruling.


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Why is it necessary to follow an Imam or a School of Law?


5.1 It needs to be kept in mind that the necessity of something (in the Islamic Shari’ah) is established in one of the following ways:
The Qur’an or Hadith lay special emphasis on some act e.g. Prayer, Fasting, etc. This kind of compulsion is called Wujub bi`l-dhaat.


The act itself is not emphasized; but it is not possible to perform those deeds that have been emphasized in the Sources without resorting to this particular act. In that case, this act will be considered as compulsory. This is the purport of the scholars’ words: “The foundation of a Wajib is also Wajib.” For e.g. consider the writing of the Qur’an and hadith. Nowhere is this directly emphasized in the Shari’ah. Rather, the following hadith clearly proves the non-compulsion of writing. 


From Ibn ‘Umar (ra) that the Messenger (saw) of Allah said:  “We are an unlettered nation, we do not write or calculate. The month is such-and-such or such-and-such – meaning sometimes it is twenty-nine and sometimes it is thirty.” (Bukhaari, 1814; Muslim, 1080)


The hadith itself indicates its meaning. So, when writing itself is not compulsory then how can writing something in particular be wajib?


But preserving the Qur’an and hadith is emphasized. And this is not possible without resorting to writing and printing. Thus, these are regarded as necessary. Accordingly, there is an implied agreement in the entire Muslim Nation for the past 14 centuries on its incumbency. This is called Wujub bi’l ghayr.


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After understanding the types of Wujub (Shari’ compulsion) and their nature, now know that when it is said that following a single Imam or school is necessary then it means Wujub bi’l ghayr and not Wujub bi’l dhaat. So there is no need to bring proof from the Qur’an and narrations that specifically mention this (kind of) taqleed by name. Despite the clear message of the earlier hadith that writing is not compulsory it has nonetheless been considered essential. Further this is not viewed as contradictory to the tradition. Similar is the case of following a single Imam or school (taqleed shakhsi) where there is no need to produce evidence from the sources (Nass).


Yes, there is a need for proving two premises, viz.:



  1. The disadvantages of not following an Imam or school of law in the present state of the Ummah.
  2. The religious compulsion of these factors.

The following religious necessities will be adversely affected in the absence of following a school:

  • Sincerity of intention, viz that the purpose of religious knowledge (‘ilm) and ‘amal (deeds) be only the Deen.
  • Deen be the determinant (in everything that is done)
  • Abstaining from acts harmful to one’s faith.
  • Abstaining from opposing the consensus (ijma’) of the people of truth (Ahl al-Haqq).
  • Abstaining from crossing the limits of the Divine Law.

The above (matters) being compulsory in themselves (wajib bi’l dhaat) are clearly proven from the Prophetic narrations.


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Experience has shown that those who renounce taqleed of an Imam or School (often) fall victims to insincerity and following their nafs. They harm their religion, oppose Consensus and transgress the divine limits. (Examples are too numerous to quote for a small work and only one who is blind to reality will contradict this. A single example is cited for those who are in search of the truth)


E.g. A man made minor ablution (wudu’). Then he cut himself and his ablution became invalid according to the Hanafiyya. So he said, ‘I adopt the fatwa of Imam Shafi’ who does not consider wudu’ to break after bleeding from a cut.’ Then he touches a woman with passion which according to Imam Shafi’s school nullifies his ablution. Here he uses the fatwa of Abu Hanifa which says that his ablution is still intact. He prays without renewing his minor ablution. Now his prayer is void according to all Imams in view of the wudu’ being broken by consensus, irrespective of the nullifying factor. (He has flirted with the schools in following his nafsani desires and breaking the consensus. So while he believes that his prayer is in order, it is actually null and void)


The reason for this corruption (that ensues on leaving taqleed) is that corruption (spiritual) and base motives have settled in the dispositions of most men nowadays. This is clear and has been prophesied in the narrations on trials (Fitan). The people of knowledge and narrations are aware of this.


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WHY IS TAQLEED CONFINED TO THE 4 SCHOOLS?


6.1 It was proven earlier that following an Imam is a must. Also picking and choosing opinions from different Imams is fraught with harm. So it is imperative to follow an Imam, the principles and particulars of which are compiled and codified in such a manner that solutions to all juristic queries are (easily) available. Then there will be no need to refer to other views. By divine design, this quality is to be found only in the 4 schools, Hanafi, Shafi’, Maliki and Hanbali. Adopting one of these 4 is imperative as opting for a 5th will result in the same problems and flirting with different schools in the desire to remain unfettered (from the religion). Hence, taqleed has been confined to the 4 schools for centuries, this being the practice of the majority (jamhoor) of scholars. Some have even recorded consensus that the Ahl al-Sunna wa’l Jam’ah is confined to these 4 schools.


6.2 Codification of the Mujtahid’s school is compulsory for taqleed. Taqleed (direct) of the Companions (Sahaba) is difficult because none of these schools are compiled or codified. However, we follow the Companions through the 4 Imams.


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