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Presented by
Mufti Abdul Waheed
Senior Lecturer and Researcher in Fiqh and Usool ul-Fiqh
at JKN Institute
fatawa@jkn.org.uk
@AbdulAwm786
Date: 11/1/15
1
Agenda
2
11:00am Welcoming and introduction to the course
11:05am Session 1: Part 1 & Group session
12:35pm Break & Zuhr (1pm)
13:15pm Session 2: Part 2 & Part 3
14:35pm Q&A session and closing remarks
15:00pm Asr Salah
Part 1
3
Introduction
1. Many arguments of the oponents of Taqleed are
based on Ibn al-Qayyim’s arguments.
2. Ibn al-Qayyim was the foremasts to write critically
on this subject. He proposes that
a) Following one particular school of thought is an
innovation.
b) Strict adherence to a Madhab (legal school) suggest
preferring Madhab over scriptural text.
c) One must adopt a traditional (i.e. literal) approach to
the text as much as possible.
4
Brief Overview of the developmental stages
of Usool-ul-Fiqh
Successive stages
of Development;
• 1. Foundation
• - The era of the Prophet (saw)
• 2. Establishment
• - The Era of the companions
• 3. Building
• - The Era of the Tabi’een
• 4. Cultivation
• 5. Consolidation
5
How Taqleed Shakhsi Emerged?
Primary Reasons for its emergence;
1. Extensive compilation of Fiqh
2. Split in the Abbasid dynasty into small fractions who
relied on the legal schools to solve their issues.
3. Unqualified people claiming to be Mujtahids and
issuing incorrect verdict.
4. Diverse opinions of jurists on single matters on the
account of extensive debating.
5. Criteria to attain the status of Mujtahid Mutlaq
(absolute) become difficult.
6
Reasons for the opposition to Taqleed
Shakhsi (restricted)?
1. A new innovation
2. Opposes the clear texts
3. Following one Madhab ensues in preferring the
opinion of people over sacred text.
4. Factionalism within the Ummah
5. No room for further Ijtihad on matters
6. Taqleed is tantamount to blind imitation of others.
7. Restricting to one leads to Difficulty in the Ummah
7
Who was Ibn al-Qayyim al-Jawziyyah (ra)?
Muhammad ibn Abu Bakr (also known as Ibn al-
Qayyim al-Jawziyyah (1292–1350 CE / 691 AH–751
AH) was an Arab descendant and a scholar in Tafseer,
Hadeeth and Islamic Theology. Although he is
sometimes referred to as Ibn al-Qayyim's scholarship
was focused on the science of Hadeeth and Fiqh.
Ibn al-Qayyim's main teacher was the scholar Ibn
Taymiyyah. Ibn al-Qayyim first met Ibn Taymiyyah at
the age of 21 and spent the rest of his life learning from
him. As a result of this union he shared his masters
views in most issues.
8
Famous Works
1. Zādul Ma’ād (Provision of the hereafter).
2. I'lām ul Muwaqqi'een 'an Rabb il 'ālameen
(Information for Those who Write on Behalf of the
Lord of the Worlds)
3. Tahthib Sunan Abi Da'ud
4. Madārij Sālikeen which is a rearrangement of the
book by Shaikh Abu Ismail al-Ansari al-Harawi al-
Sufi, Manazil-u Sa'ireen (Stations of the Seekers);
5. Tafsir Mu'awwadhatain (Tafsir of Surah Falaq and
Nas);
9
Group Exercise
10
َّ‫ت‬ َ‫ح‬ ُ‫ه‬
َ
‫ظ‬ِ‫ف‬ َ‫ح‬
َ
‫ف‬،‫ا‬
ً
‫يث‬ ِ‫د‬ َ‫ح‬‫ا‬
َّ
‫ن‬ِ‫م‬ َ‫ع‬ِ‫م‬ َ
‫س‬
ً
‫أ‬َ‫ر‬ ْ‫ام‬ ُ َّ
‫اَّلل‬ َ‫ر‬َّ‫ض‬
َ
‫ن‬
َ
‫ل‬ِ‫إ‬ ٍ‫ه‬
ْ
‫ق‬ِ‫ف‬ ِ
‫ل‬ِ‫ام‬ َ‫ح‬ َّ
‫ب‬ُ‫ر‬
َ
‫ف‬،ُ‫ه‬
َ
‫غ‬ِ‫ل‬َ‫ب‬ُ‫ي‬‫ى‬
ُ‫ه‬
َ
‫ق‬
ْ
‫ف‬
َ
‫أ‬ َ‫و‬ ُ‫ه‬ ْ
‫ن‬ َ‫م‬‫ى‬
ٍ‫يه‬ِ‫ق‬
َ
‫ف‬ِ‫ب‬ َ
‫س‬ْ‫ي‬
َ
‫ل‬ ٍ‫ه‬
ْ
‫ق‬ِ‫ف‬ ِ
‫ل‬ِ‫ام‬ َ‫ح‬ َّ
‫ب‬ ُ‫ر‬َ‫و‬ ،ُ‫ه‬
ْ
‫ن‬ِ‫م‬
Trans: May Allāh radiate a man who hears a Hadeeth from
us, then preserves it until he conveys it. At times the one
who possesses understanding (coveys) to the one with a
better understanding than him (transmitter), and at times
the possessor of fiqh may not (actually) be a Faqeeh.
(Abu Dawood)
11
1. Fiqh plays a vital role in interpretation of Hadeeth.
2. Literal application of Hadeeth is not always possible.
3. There are many accounts where companions differed
applied fiqh in Hadeeth.
4. Applying fiqh enables to understand the applicaion of
Hadeeth.
5. Certain Ahadeeth though rigorously authentic are not
applicable.
12
Shaykh Al-Awwāmah quotes some of the renowned Muhaddithoon and Fuqahā
explaining the necessary relationship between Hadeeth and Fiqh:
1. Imām Mālik said, “Practice upon Hadeeth the way the Fuqahā have practiced
upon it.”
2. Ibn Wahb states, “Any person who has knowledge of Hadeeth but no reference
to Fiqh is misguided. Had Allāh not saved us through Imām Mālik and Layth,
then surely we would have strayed (from the true path).”
3. Sufyān Ibn Uyayna states, “Hadeeth can become a means of misguidance for
people except for the Fuqahā.”
4. Rajā Al-Harawi states, “Whoever learns Hadeeth without Fiqh is like a
pharmacist who amasses medicines without knowing which applies to what,
until the physician comes. Thus he remains a student of Hadeeth and does not
know the application of the Hadeeth until a Faqeeh comes.” (cited in The four
Imāms and their school, by Gibril Haddād p. 118)
13
The Role of the Fuqaha in Hadeeth
1. Analytical assessment of the
transmitters and text in Hadeeth
2. Assess if the authentic Hadeeth is
applicable for practice or not?
3. Once its authenticity and applicability
is determined then to infer juristic
principle from it.
14
Definition of Ijtihād & Taqleed
Definition of Ijtihād
Literal: To exert all possible efforts on a single matter
accompanied with difficulty.
Technical: (The process of which a jurist is) Exerting all his
(intellectual) effort to arrive to a legal ruling (the nature of
the effort is such) whereby the person (jurist) to proceed
further in the process feels the exhaustion.
(Ihkam fi Usool ul-Ahkam p. 396, vol
4)
15
Qualifications of a Mujtahid
1. Arabic Linguistics
2. Arabic Grammar; both syntax and morphology
3. The science of Usūl-ul-Fiqh and its related terminologies
such as Khās, Ām, Sareeh, Kināyah, Haqeeqat and Majāz
and so forth.
4. Those Qur’anic and Hadeeth injunctions that relate to law
with its detailed commentary and an in depth study of
Fiqh.
5. The science of the principles of Hadeeth; the ability of
analysing the text and biography of each transmitter in the
chain, classifications of the transmission reports, Jarh wa
Ta’deel (criticism and authentication), reconciliation
between conflicting texts and other related terminologies.
16
6. An awareness of the diverse opinions and the
Ijtihād of the Companions and the scholars of the
subsequent generations.
7. Asbāb un-Nuzool – the contexts behind revelation
8. The principles of Naskh (abrogation).
9. To have a holistic understanding of the entire
Madhab.
10. Knowledge of Allāh and His Divine attributes and
the proofs of all of the tenants of faith.
(Ihkam fi Usool ul-Ahkam p. 397, vol 4)
17
Basic Classifications of a Mujtahid
1. Mujtahid in the Shari’ah
2. Mujtahid in the Madhab
3. Mujtahid in the Masa’il
4. Fuqaha (plural of Faqeeh) who follow or refine the
juristic principles set by the Mujtahid Imāms.
18
Possess the
Qualifications of
Mujtahid Mutlaq
Is Absolute Ijtihad Attainable today?
Ibnul-Qayyim’s Position
Probable
• Ijtihād is a Fardhul
Kifayah.
• Intellectual stagnation
• The Prophet (saw)
prophesised that a
reviver will emerge in
every era.
Majority view affiliated to
Taqleed
Highly Improbable
• Legal Usools have been developed and
codified. Ijtihād occurs in the detailed
juristic cases on a minor level.
• Opening doors will ensue more
Madhabs.
• Scholars of great calibre practiced
Taqleed, so arguably it intellectually
stimulates scholars.
• The Hadeeth could also imply to a non-
Mujtahid reviver.
19
Taqleed
Definition of Taqleed;
Literal: To tie a bridle/noose around the neck.
Technical:
1. Taqleed is following (ittiba)of another person (mujtahid) in what he
says or does believing him to be on the truth without dwelling into
evidence (min ghair nazri daleel).(Kashful Istalahtil Funoon, p. 117)
2. It is a name of following (ittiba) in statement or action believing him
to be on the truth without pondering over his evidences (min ghair
ta’ammul fi daleel) (Sharhul Manar p.256)
3. Taqleed is following (ittiba)another person without dwelling into
within the proofs (bila nazr fi daleel). (Nami sharh Husami p. 190)
20
1. Taqleed and Ittiba both imply the same thing
2. Taqleed is to rely on those who possess evidence but
the questioner (if he is a non-scholar) does not
question nor deliberate over the evidence.
3. He does not question due to the belief that the
Mujtahid posesses evidence.
A Muqallid therefore follows the Mujtahid Imām’s statement because the
Mujtahid has clear insight into the statements of Allah and his Messenger
(saw). (I’la us Sunnan p. 15, vol 20)
21
Ibnul Qayyim’s Classification of Taqleed
22
Wajib
(Following the
Messenger)
Permissible
Following a
knowledgeable
scholar in matters
where evidence is
not found
Prohibited
Following a scholar in
the presence of
evidence. Also
restricting to one
Imaam.
Three types
of Taqleed
The disputed
category where even
a layperson must
seek to find evidence
Part2
23
Is Demanding Evidence Necessary upon
a non-Mujtahid?
 Sayyidunā Abū Ayyūb (ra) on his way to performing Hajj lost his camel
which he brought for sacrificing. Sayyiduna Umar (ra) instructed him,
“Do as what the people of Umrah do so you may become Halal. The
following year perform your Hajj and offer sacrifice. (Muwatta Mālik, p.
149)
 Abdullah once asked his father, Ahmad ibn Hanbal, “If there is a
person with a compendium collection of the Prophet’s, Companions’ or
Tabi’eens’ statements and this man has no insight in weak disregarded
reports nor (insightful) in sound reports is it permissible for him to act
upon whichever he wishes and issue verdict by it and thereby act upon
it?” He said, “He should not act upon it until he asks regarding what is
admissible from it. He will act upon authentic commands which he
sought from the people of Knowledge.” (I’laus Sunnan vol 20 p. 8, Ilamul Mooqi’een
vol 6, p.115)
24
Classification of Scriptural Texts
• Tenants of Faith
• Obligatory Acts such as Salah,
Zakat.
Categorical Texts
• Relate to the detail aspect of the
Juristic Laws.
• Open to multiple interpretations.
• Non-scriptural rulings.
Non-Categorical Texts
25
Over view of Non-Categorical Injunctions.
1. Ambiguity in words.
2. Words having multiple meanings with the impossibility of applying all of them
simultaneously.
3. Amr (Imperative) and Nahi (prohibited) have various connotations. For
instance, imperative commands (amr) could imply obligation,
recommendation, concession and so on. The Mujtahid needs to determine the
nature of that imperative command by analysing the context in which it is
mentioned.
4. Two conflicting Hadeeth which require the Mujtahid to resort to the principles
of resolving conflicting proofs.
5. No clear ruling of a legal matter is found in the textual sources, so the Mujtahid
exerts all efforts in searching for a precedented ruling from the textual sources
that are similar to the contemporary one. Once he identifies the similarity, he
will then transfer the precedented ruling to the contemporary one. However,
the deductive method of one Mujtahid may be different from the other,
resulting in both of them reaching to a different conclusion.
26
An example of non-Categorical Evidence
“O Believers! When you stand for Salāh then wash your faces, your
hands up to your elbows, masah over your heads and (wash) your
feet up to the ankles.” (Ma’idah 5:6)
The Arabic term used for ‘and’ is waw. What functional role does it have?
1. Imām Shāfi’ee (ra) - Tarteeb (sequential). Therefore, to perform
Wudhu in a sequential manner is Fardh.
2. Imām Abu Haneefah (ra) – Mutlaqul Jam’a (unconditional plural).
Therefore, to perform Wudhu sequentially is not Fardh but Sunnah.
27
Scriptural Evidences Of Taqleed
Qur’ān;
1. “O Believers! Obey Allāh, the Messenger and
those authorities amongst you.” (Nisa 4:59)
According to the interpretation of Sayyidunā Jābir Ibn
Abdullāh and Sayyidunā Abdullāh Ibn Abbās “Those of
authorities...” implies to the jurists and scholars.
(Ahkāmul Qur’ān vol 2, p.210, Tafseer Kabeer vol 10 p.149)
28
O Believers! Obey Allāh, the Messenger and
those authorities amongst you.” (Nisa 4:59)
29
Ibnul Qayyim’s Arguments about this
verse:
1. The verse suggest the paramount
importance is to obey Allah and his
Messenger. Not to prefer the opinion of
man over text.
2. The verse continues, “..if you dispute
then refer to Allah and His Messenger”
clearly rejects Taqleed.
Response;
1. Scholars are interpreters of the laws, not
as invaders or over riders of the law which
is the sole reason why Allah instructs to
follow scholars.
2. It is the scholars responsibility to refer
to the Qur’an and Sunnah to explain the
commands of Allah, hence non-scholar to
refer to scholars in disputed affairs is in
actual fact resorting to Allah and His
Messenger.
2. “Had they referred the matter to the Messenger
and those of authority amongst them, then surely
those who infer the matter [by investigating]
would come to know of it.” (3:83)
Inferring matters by investigation can also apply to Qiyās
(analogical deduction) and Ijtihād in contemporary cases.
This is only possible for those who are qualified and possess
profound insight into such matters because it is the Ulama
who deduce laws of Shari’ah from the sources.
(Ahkāmul Qur’ān vol 2, p.262, Roohul Ma’āni vol 5, p.85)
30
3: “So ask the people of knowledge if you do not
know.”(Nahl 16:43)
“There are those who have permitted Taqleed of a Mujtahid
from this verse, stating that if a person is not a Mujtahid, it
becomes mandatory upon him to follow and resort to a
Mujtahid scholar due to the command ‘So ask.. and the
correct position is that there is no distinction (in following)
between theological or juristic matters and a Mujtahid
whether he is alive or deceased’” (Roohul Ma’āni, vol 7, p.387, Tafseer Kabeer
vol 19, p. 19)
31
So ask the people of knowledge if you
do not know.”(Nahl 16:43)
32
Ibnul Qayyim’s Arguments about this
verse:
1. The Term Dhikr used in the verse
implies Qur’an and Sunnah, hence to
seek and question for evidence.
2. This implies general Taqleed, not
restricted Taqleed.
3. Others have argued that Ahlu dhikr
refers to the Jewish scholars.
Response;
1. The Quranic command uses the term
Ahl dhikr (people of
knowledge/remembrance), not about
the remembrance.
2. Though there was no restricted form
because juristic principles were not
established then, though some
companions would refer to one
person, e.g. Zaid Ibn Thābit (ra).
3. The verse will have a generic
application.
Hadeeth
1: Sayyidunā Hudhaifah relates that the Messenger of Allāh
said, “I do not know how long I will remain with you, so
follow these two people after me; Abū Bakr and
Umar.”(Tirmizi)
2. : The Messenger of Allāh is reported to have said in regards
to Sayyidunā Abdullāh Ibn Mas’ood, “I am pleased with you
for what the son of Umm Abd [i.e. Abdullāh Ibn Mas’ood] is
pleased with you.”(Mustadrak)
33
3: The Messenger of Allāh sent Sayyidunā Mu’ādh to Yemen as a
governor and a teacher. The Messenger of Allāh posed certain
questions to ascertain his method of judging between people. He
began by asking him how he would judge if a matter was
presented to him. Sayyidunā Mu’ādh replied, “With the Book of
Allāh.” He asked, “What if you don’t find it in the Book of Allāh
I?” He replied, “Then from the Sunnah.” He asked, “What if you
do not find it in the Sunnah?” He responded, “Then I will apply
Ijtihād.”The Messenger of Allāh patted him on his chest [as a
gesture of ratification] and remarked, “Praise be to Allāh who has
enabled the messenger [i.e. Mu’ādh] of the Messenger of Allāh,
for that which the Messenger of Allāh is pleased with.”
(Abū Dāwood)
34
4. Sayidunā Jābir relates, “We went on a journey and one of the
Companions amongst us was struck with a rock that injured his head
(severely). He had a wet dream (which required him to perform a ritual
bath but due to the excruciating pain on the wound, passing water over
it was difficult). He consulted the Companions to seek for the
dispensation of Tayammum (dry ablution). They replied, “We do not
find any dispensation for you because you are able to use water.” The
Companion thus performed a ritual bath and died (as a result of this).
When we came to the Messenger of Allāh e and informed him of this
account, he remarked (as though he was angry), “They killed him, may
Allāh destroy them! Why did they not ask if they did not know? Verily
the cure for ignorance is to question. It would have sufficed him if he
had done a dry ablution and kept his wound bandaged.” (Baihaqi)
35
Era of the Companions;
1: Ikrimah relates that [during the season of Hajj] a group of people
from Madeenah enquired from Ibn Abbās, the ruling regarding a
woman who starts to menstruate during the first Tawāf [prior to
the final Tawāf]. He said that she is permitted to go home
without completing the final Tawāf. The people of Madeenah
remarked, “We shall not prefer your opinion over the opinion of
Zaid Ibn Thābit” (Bukhāri). In another narration recorded in the
Musnad of Abū Dāwood Tayālisi, reported from Qatādah (a
Tābi’ee scholar), the words used were, “We will not follow you, O
Ibn Abbās as you go against the opinion of Zaid.”
36
“ It is said that Ibn Umar and a group of those who lived
after him in Madeenah amongst the Companions of
the Messenger of Allāh used to issue verdicts according
to what they acquired from the Madhab of Zaid Ibn
Thābit, in those matters which they did not memorise
from the Messenger of Allāh’s statements.”
(I’lāmul Mooqi’een vol 1, p.17)
37
2: Amr Ibn Maimoon al-Awdai, a Tābi’ee, relates, “Mu’ādh Ibn
Jabal came to us in Yemen as a messenger of the Messenger
of Allāh. I heard his Takbeer during Fajr and noticed the
deepness of his voice. I began developing a keen interest
towards him so I (remained in his company and) did not
depart from his company until I buried him in Syria. I then
began searching for the most knowledgeable person after
him and thus, came to discover Abdullāh Ibn Mas’ood (to
be the most knowledgeable). So I remained in his company
until he died.” (Abū Dāwood)
38
Why Restrict to Following One Legal School?
Imam al-Nawawi said:
Is it necessary for the layperson to adopt a specific Madhab, adopting its concessions (rukhas) and its
strictures („aza‟im)? There are two opinions on this as related by Ibn Burhan. The first of them is that
it is not necessary for him just as it was not necessary in the first period [of Islam] to specify in one‟s
taqlid a specific „alim. The second is that it is necessary, and Abu al-Hasan Ilkiya was assured of this
[position]. This applies to all who have not reached the level of ijtihad amongst the fuqaha and the
specialists of the remaining sciences. The reason for this is that if it were permissible to follow any
madhab one wishes, it would lead to collecting the concessions of all the Madhabs, following one‟s
desire, and choosing between permission and prohibition, obligation and permissibility, and that will
lead to relinquishing the burden of responsibility; as distinguished from the first period [of Islam]
because the madhabs incorporating laws related to all outcomes were not refined. Based on this, it is
necessary for one to strive to choose a specific Madhab he will follow. We will pave for him a simple
path he should follow when striving to do so. Thus, we say: Firstly, he may not follow in this mere
desire and inclination towards what he found his forefathers upon; and he may not adopt the madhab
of any of the Imams of the Sahabah (Allah be pleased with them) and others from the early ones, even
though they were more learned and higher in rank than those who came after them because they did
not devote themselves entirely to compiling knowledge and outlining its principles and its branches,
so none of them had a refined, codified and approved madhab, and only those who came after them
from the Imams who were affiliated to the madhabs of the Sahabah and the Tabi„in took up this task,
undertaking the responsibility of laying down the laws pertaining to all happenings before they
occurred, and attempting to clarify their principles and branches, like Malik, Abu Hanifah and others.
(Sharh al-Muhadhdhab vol 1, p.93-4)
39
Summative points from the passage;
1. The most preferred position is that a non-Mujtahid
must restrict to following a specific Madhab.
2. Not restricting to a Madhab will ensue in following
one’s desires.
3. He cannot chose to follow a Madhab of a Sahābi
because they did not codify any legal principles.
4. The Imāms that came thereafter codified principles
of fiqh and Hadeeth.
40
Part 3
Ibn al-Qayyim al-Jawziyyah’s (ra)
proofs against Taqleed Shakhsi and
responses.
41
1. Qur’an
1. “And when it is said unto them: Follow that which
Allah has revealed, they say: We follow that wherein
we found our fathers. What! Even though their
fathers were wholly unintelligent and had no
guidance?” (Baqarah 2:170)
The reason for this condemnation is the blind imitation of
their forefathers without seeking evidence. Thus Taqleed
also alludes to following without evidence except that the
former leads to Kufr and the latter is a sin.
42
Response
1. The latter portion of the verse refutes your argument with
the words, “wholly unintelligent and had no guidance”
forefathers possessed no knowledge. Mujtahid
Imāms have been vested with deducing and
interpreting laws, for which knowledge is required.
2. This is a condemnation refers to following those who
are upon falsehood. As for following those upon Haq
is amongst the most important matters in Deen.
(Qurtubi vol 2, p.1945)
43
2. “They took their rabbis and priests as lords
besides Allah.”
They legislated permitted and prohibited matters
contrary to what Allah permitted and prohibited form
them. Their followers followed them in these matters
as opposed to following the scriptures. The Muqallid
adopts the same approach by primarily consulting the
Imām as opposed to scripture first.
44
Response
1. The followers whilst knowing they are going against
the scriptures still accepted their verdicts. A Muqallid
on the other hand follows them with the conviction
that they will not transgress the scriptures. He chooses
to follow them because they have supporting evidence
for their position.
45
Hadeeth
The Messenger of Allah (saw) said, “Beware of the slip of
an Alim.” (Baihaqi)
Every scholar is prone to mistakes, hence by making
Taqleed one will not be aware of the Imām’s mistakes.
46
Response
1. This is addressed to one who is aware of the slip
because being aware in the absence of knowledge is
not possible, so it is not addressed to muqallids who
do not recognise a slip from a correct statement.
2. The Messenger of Allah (saw) in one Hadeeth
promised double reward for a judge (and scholar)for
issuing a correct answer but one reward if the verdict is
incorrect. (Abu Dawood)
47
Statements of the Imāms in
Prohibiting Taqleed
1. Imām Shafi’ee said, “The likeness of the one who
seeks knowledge without proof is like the one who
gathers wood at night (hatibi layl), carrying a bundle
of wood in which is a snake that bites him while he is
unaware.” Al-Bayhaqi related it.
2. “When a Hadeeth is Authentic then that is my
Madhab.”
48
Response
1. For a mujtahid, his proof is the Book, the Sunnah, Ijma„
(consensus) and Qiyas (analogy) but for the non-mujtahid, it is
the statement of a knowledgeable insightful mujtahid. However,
when he [i.e. a non-mujtahid] performs ijtihad and intends to
adhere to proof, it will not be assured from him that he [does
not] believe non-proof to be proof just as one who gathers wood
at night takes hold of a snake believing it to be wood and it bites
him. The likeness of a mujtahid is like a skilled guide, treading
the path using his own insight, and the likeness of a muqallid is
like one unaware of the path, treading behind a skilled guide,
and the likeness of a non-mujtahid doing Taqlid of himself is
like one who gathers wood at night.
49
2. Ibn Katheer comments on the statement (when a
Hadeeth is authentic then that is my Madhab) under
the verse of Salātul Wustā, “It is a sign of his mastery
and trustworthiness, which was also the way of his
brother Imāms, may Allāh have mercy on them and be
pleased with them.” (Tafseer Ibn Katheer, vol 1 p.654)
50
Imām Nawāwi’s (a renowned Shāfi’ee scholar) further adds the
condition of researching the Madhab of the school before
preferring Hadeeth over the statement of the Imām. He
mentions, “What Imām Shāfi’ee said (when a Hadeeth is
authentic then that is my Madhab) does not mean that anyone
who finds a Hadeeth should say, ‘This is the Madhab of Imām
Shāfi’ee,’ applying the apparent meaning of his statement. What
he said most certainly applies to those ranked to the status of
Ijtihād in the Madhab. It is a condition for the person to be
firmly convinced that either Imām Shāfi’ee (or any other Imām
in this respect) was unaware of the existence of the Hadeeth or
its authenticity. This is only possible after having researched all
the books of Imām Shāfi’ee and other similar books of the his
companions who took knowledge from him and others similar to
them.” (Al-Majmu Sharh al-Muhadhab vol 1 p.64)
51
Another Argument
Taqleed of one school was innovated after the 4th Century
Scholars who adhered to one of the legal schools are as
follows;
1. Imām Wakee ibn Jarrah ( d. 197AH)
2. Imām Yahya ibn Ma’een (d.233 AH)
3. Imām Yahya Ibn Sa’eed al-Qattān (d. 198AH)
4. Imām Abu Bakr al-Marwazi (d. 275 AH)
5. Imām Abu Ibraheem Al-Muzani (d.264AH)
6. Imām Abdur Rahman ibnul Mahdi (d.198AH)
52
Statements of Scholars on the necessity of
Taqleed Shakhsi
1: Imām Shams ud-Deen Dhahabi, known as Hāfiz Ad-
Dhahabi, states:
“I follow (what I believe to be) the truth and perform Ijtihād
(when necessary). I do not adhere to any Madhab, I say:
yes. Whoever has reached the level of Ijtihād and a number
of Imāms have attested to this regarding him, it is not
allowed for him to do Taqleed, just as it is not seeming at
all for the beginner layman jurist who has committed the
Qur’ān to memory or a great deal of it to perform Ijtihād.
How is he going to perform Ijtihād? What will he say? On
what grounds shall he base his opinions? How can he fly
when his wings have not yet grown?”(Siyar A‘lām un-
Nubalā, Vol.18, Pg.191 )
53
2.: Allāmah Ibnul Humām a renowned Hanafi scholar
states:
“(As for the layman) it is obligatory for him to do
Taqleed of a single Mujtahid… The jurists have stated
that the one who moves from one Madhab to another
by his Ijtihād and evidence is sinful deserving of being
punished. Thus one who does so without Ijtihād and
evidence is even more deserving.”(Fath ul-Qadeer, the
commentary of Al-Hidāyah, vol.6 p.360 )
54
3: Imām Nawāwi, a renowned Shāfi’ee jurist and Muhaddith, states:
“The second view is, it is necessary for him (the layman) to follow one particular
school and that was the definitive position according to Imām Abul-Hasan.
This applies to everyone who has not reached to the degree of Ijtihād of the
jurists and scholars of other disciplines. The reasoning for this ruling is, that if
it was permitted to follow any school one wished, it would lead towards
selecting the dispensations of the schools and the following of ones desires. He
would (eventually) be choosing between Halāl and Harām and obligatory and
permissible. This would lead to relinquishing oneself from the burden of
responsibility. This is not the same as during the first generations, for the
schools that were sufficient in terms of their rulings for newer issues were
neither structured nor widespread. Thus, on this basis it is obligatory for a
person to strive in choosing a Madhab which alone he follows.”
(Sharh Al-Muhadhdhab, Vol.1 p.93 )
55
4: Imām Sha’rāni, an authority within the Shāfi’ee school states;
“…You (O student) have no excuse left for not doing Taqleed of any Madhab you wish from
the schools of the four Imāms, for they are all paths to Heaven…” (Al-Meezānul-Kubrā,
vol.1 p.55)
5: Imām Salih As-Sunūsi writes:
“As for the scholar who has not reached the level of Ijtihād and the non-scholar, they must
do Taqleed of the Mujtahid… And the most correct view is that it is Wājib (obligatory) to
adhere to a particular school from the four schools…” (Fath al-‘Alee al-Mālik fil- Fatwa ‘alā
Madhab al-Imām Mālik, p.40-41 )
6: Imām Alā ud-Deen Al-Mardawi, a Hanbali scholar, in his major juristic compendium Al-
Insāf, records the statement of the famous scholar Imām Al-Wazeer Ibn Hubaira :
“Consensus has been established upon Taqleed of one of the four schools and that the truth
does not lie outside of them.” (Al-Insāf, Vol.11 p.169 )
56
7: Imām Āmidi writes in Al-Ahkām fi Usūl ul-Ahkām:
“The layman and anyone who is not capable of Ijtihād, even if he has acquired
mastery of some of the sciences related to Ijtihād, is obligated with following
the positions of the Mujtahid Imāms and taking their juristic opinions and this
is the view of the experts from the scholars of the principles. It was the
Mu’tazila of Baghdad who prohibited it, except if the soundness of his Ijtihād
becomes clear to him.” (Al-Ahkām fi Usūl ul-Ahkām, vol.4, p.450 )
8: Imām Badr ud-Deen az-Zarkhashi states; in Al-Bahr ul-Muheet,
“There has been an established consensus amongst the Muslims that the truth is
restricted to these (four) schools. Thus it is not permitted to act upon any
opinion other than them. Nor is it permitted for Ijtihād to occur except within
them (i.e. employing their principles that is the tools of interpretation).” (Al-
Bahrul-Muheet, vol.6 p.209 )
57
9: Ibn Rajab al-Hanbali writes;
“…that is the Mujtahid, assuming his existence, his obligation is to
follow what becomes apparent to him of the truth. As for the
non-Mujtahid his duty is to do Taqleed.”
He further states: “As for all other people who have not reached this
level (of Ijtihād), it is not allowed for them but to do Taqleed of
these four Imāms and to submit to that which the rest of the
Ummah submitted to.” (Refutation of Anyone who Follows Other
than the Four Schools, vol.2 p. 626-624 )
58
Those Known to have adhered to a School
of Thought
1. Imām Abū Easa At-Tirmizi (Shāfi’ee) – a Muhaddith
2. Imām Yahya Ibn Ma’een (Hanafi) – a Muhaddith
3. Imām Baihaqi (Shāfi’ee) – a Muhaddith
4. Imām Abū Jafar At-Tahāwi (Hanafi) - a Muhaddith and Faqeeh
5. Imām Fakhr ud-Deen Ar-Rāzi (Shāfi’ee) – a Mufassir
6. Imām Ibn Abdul-Barr v (Māliki) – a Muhaddith
7. Imām Abū Zakariyya An-Nawāwi (Shāfi’ee) – a Muhaddith and Faqeeh
8. Imām Abū Bakr Jassās (Hanafi) – a Mufassir and Faqeeh
9. Imām Ibn Rajab (Hanbali) – a Faqeeh
10. Imām Ibn ul-Humām (Hanafi) – a Faqeeh
11. Imām Abū Ishāq Ash-Shātibi (Māliki) – a Faqeeh
12. Imām Ibn Hajr Al-Asqalāni (Shāfi’ee) – a Muhaddith
13. Imām Abūl-Abbās Al-Qurtubi (Māliki) – a Mufassir
14. Imām Badr ud-Deen Al-Ayni (Hanafi) – a Muhaddith
15. Imām Jalāl ud-Deen As-Suyūti (Shāfi’ee) – a Mufassir, Muhaddith and a master in almost every field
16. Imām Ibn Rushd (Māliki) – a Faqeeh
17. Imām Adh-Dhahabi (Shāfi’eeFaqeeh) – a Muhaddith and an authority in Asmā-ur-Rijāl (critical
analysis of the narrators in the chain of transmission)
18. Imām Ibn Qudāmah (Hanbali) – a Faqeeh
19. Imām Abū Hāmid Al-Ghazāli (Shāfi’ee) – a Saint, Faqeeh and Theologian
59
Conclusion
1. None of the other Madhabs gained recognition and acceptance as the
four major Madhabs did.
2. Their juristic principles, detailed Fiqhi cases and elaboration on legal
texts were codified, refined and developed by their reputable students
and by the end of the fourth era, only their principles served as an
accepted interpretive model for the Shari’ah.
3. Many reputable scholars of the past adhered to one of the four legal
schools, each one being an expert in his own right.
4. A layperson, being oblivious of the science of Hadeeth and juristic
principles, is unable to distinguish between suitable and non-suitable
practices of Hadeeth.
5. Following one of the four Madhabs will be a means of controlling ones
egos and desires. The Deen will become much more systematic and
easier to follow.
6. Abandoning the four legal schools will result in creating a fifth Madhab and
opening a floodgate of more diverse opinions and confusion on single matters.
60
‫ا‬‫ري‬‫خ‬ ‫هللا‬ ‫اك‬‫ز‬‫ج‬
Q & A
61

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Discussion on Taqleed

  • 1. Presented by Mufti Abdul Waheed Senior Lecturer and Researcher in Fiqh and Usool ul-Fiqh at JKN Institute fatawa@jkn.org.uk @AbdulAwm786 Date: 11/1/15 1
  • 2. Agenda 2 11:00am Welcoming and introduction to the course 11:05am Session 1: Part 1 & Group session 12:35pm Break & Zuhr (1pm) 13:15pm Session 2: Part 2 & Part 3 14:35pm Q&A session and closing remarks 15:00pm Asr Salah
  • 4. Introduction 1. Many arguments of the oponents of Taqleed are based on Ibn al-Qayyim’s arguments. 2. Ibn al-Qayyim was the foremasts to write critically on this subject. He proposes that a) Following one particular school of thought is an innovation. b) Strict adherence to a Madhab (legal school) suggest preferring Madhab over scriptural text. c) One must adopt a traditional (i.e. literal) approach to the text as much as possible. 4
  • 5. Brief Overview of the developmental stages of Usool-ul-Fiqh Successive stages of Development; • 1. Foundation • - The era of the Prophet (saw) • 2. Establishment • - The Era of the companions • 3. Building • - The Era of the Tabi’een • 4. Cultivation • 5. Consolidation 5
  • 6. How Taqleed Shakhsi Emerged? Primary Reasons for its emergence; 1. Extensive compilation of Fiqh 2. Split in the Abbasid dynasty into small fractions who relied on the legal schools to solve their issues. 3. Unqualified people claiming to be Mujtahids and issuing incorrect verdict. 4. Diverse opinions of jurists on single matters on the account of extensive debating. 5. Criteria to attain the status of Mujtahid Mutlaq (absolute) become difficult. 6
  • 7. Reasons for the opposition to Taqleed Shakhsi (restricted)? 1. A new innovation 2. Opposes the clear texts 3. Following one Madhab ensues in preferring the opinion of people over sacred text. 4. Factionalism within the Ummah 5. No room for further Ijtihad on matters 6. Taqleed is tantamount to blind imitation of others. 7. Restricting to one leads to Difficulty in the Ummah 7
  • 8. Who was Ibn al-Qayyim al-Jawziyyah (ra)? Muhammad ibn Abu Bakr (also known as Ibn al- Qayyim al-Jawziyyah (1292–1350 CE / 691 AH–751 AH) was an Arab descendant and a scholar in Tafseer, Hadeeth and Islamic Theology. Although he is sometimes referred to as Ibn al-Qayyim's scholarship was focused on the science of Hadeeth and Fiqh. Ibn al-Qayyim's main teacher was the scholar Ibn Taymiyyah. Ibn al-Qayyim first met Ibn Taymiyyah at the age of 21 and spent the rest of his life learning from him. As a result of this union he shared his masters views in most issues. 8
  • 9. Famous Works 1. Zādul Ma’ād (Provision of the hereafter). 2. I'lām ul Muwaqqi'een 'an Rabb il 'ālameen (Information for Those who Write on Behalf of the Lord of the Worlds) 3. Tahthib Sunan Abi Da'ud 4. Madārij Sālikeen which is a rearrangement of the book by Shaikh Abu Ismail al-Ansari al-Harawi al- Sufi, Manazil-u Sa'ireen (Stations of the Seekers); 5. Tafsir Mu'awwadhatain (Tafsir of Surah Falaq and Nas); 9
  • 11. َّ‫ت‬ َ‫ح‬ ُ‫ه‬ َ ‫ظ‬ِ‫ف‬ َ‫ح‬ َ ‫ف‬،‫ا‬ ً ‫يث‬ ِ‫د‬ َ‫ح‬‫ا‬ َّ ‫ن‬ِ‫م‬ َ‫ع‬ِ‫م‬ َ ‫س‬ ً ‫أ‬َ‫ر‬ ْ‫ام‬ ُ َّ ‫اَّلل‬ َ‫ر‬َّ‫ض‬ َ ‫ن‬ َ ‫ل‬ِ‫إ‬ ٍ‫ه‬ ْ ‫ق‬ِ‫ف‬ ِ ‫ل‬ِ‫ام‬ َ‫ح‬ َّ ‫ب‬ُ‫ر‬ َ ‫ف‬،ُ‫ه‬ َ ‫غ‬ِ‫ل‬َ‫ب‬ُ‫ي‬‫ى‬ ُ‫ه‬ َ ‫ق‬ ْ ‫ف‬ َ ‫أ‬ َ‫و‬ ُ‫ه‬ ْ ‫ن‬ َ‫م‬‫ى‬ ٍ‫يه‬ِ‫ق‬ َ ‫ف‬ِ‫ب‬ َ ‫س‬ْ‫ي‬ َ ‫ل‬ ٍ‫ه‬ ْ ‫ق‬ِ‫ف‬ ِ ‫ل‬ِ‫ام‬ َ‫ح‬ َّ ‫ب‬ ُ‫ر‬َ‫و‬ ،ُ‫ه‬ ْ ‫ن‬ِ‫م‬ Trans: May Allāh radiate a man who hears a Hadeeth from us, then preserves it until he conveys it. At times the one who possesses understanding (coveys) to the one with a better understanding than him (transmitter), and at times the possessor of fiqh may not (actually) be a Faqeeh. (Abu Dawood) 11
  • 12. 1. Fiqh plays a vital role in interpretation of Hadeeth. 2. Literal application of Hadeeth is not always possible. 3. There are many accounts where companions differed applied fiqh in Hadeeth. 4. Applying fiqh enables to understand the applicaion of Hadeeth. 5. Certain Ahadeeth though rigorously authentic are not applicable. 12
  • 13. Shaykh Al-Awwāmah quotes some of the renowned Muhaddithoon and Fuqahā explaining the necessary relationship between Hadeeth and Fiqh: 1. Imām Mālik said, “Practice upon Hadeeth the way the Fuqahā have practiced upon it.” 2. Ibn Wahb states, “Any person who has knowledge of Hadeeth but no reference to Fiqh is misguided. Had Allāh not saved us through Imām Mālik and Layth, then surely we would have strayed (from the true path).” 3. Sufyān Ibn Uyayna states, “Hadeeth can become a means of misguidance for people except for the Fuqahā.” 4. Rajā Al-Harawi states, “Whoever learns Hadeeth without Fiqh is like a pharmacist who amasses medicines without knowing which applies to what, until the physician comes. Thus he remains a student of Hadeeth and does not know the application of the Hadeeth until a Faqeeh comes.” (cited in The four Imāms and their school, by Gibril Haddād p. 118) 13
  • 14. The Role of the Fuqaha in Hadeeth 1. Analytical assessment of the transmitters and text in Hadeeth 2. Assess if the authentic Hadeeth is applicable for practice or not? 3. Once its authenticity and applicability is determined then to infer juristic principle from it. 14
  • 15. Definition of Ijtihād & Taqleed Definition of Ijtihād Literal: To exert all possible efforts on a single matter accompanied with difficulty. Technical: (The process of which a jurist is) Exerting all his (intellectual) effort to arrive to a legal ruling (the nature of the effort is such) whereby the person (jurist) to proceed further in the process feels the exhaustion. (Ihkam fi Usool ul-Ahkam p. 396, vol 4) 15
  • 16. Qualifications of a Mujtahid 1. Arabic Linguistics 2. Arabic Grammar; both syntax and morphology 3. The science of Usūl-ul-Fiqh and its related terminologies such as Khās, Ām, Sareeh, Kināyah, Haqeeqat and Majāz and so forth. 4. Those Qur’anic and Hadeeth injunctions that relate to law with its detailed commentary and an in depth study of Fiqh. 5. The science of the principles of Hadeeth; the ability of analysing the text and biography of each transmitter in the chain, classifications of the transmission reports, Jarh wa Ta’deel (criticism and authentication), reconciliation between conflicting texts and other related terminologies. 16
  • 17. 6. An awareness of the diverse opinions and the Ijtihād of the Companions and the scholars of the subsequent generations. 7. Asbāb un-Nuzool – the contexts behind revelation 8. The principles of Naskh (abrogation). 9. To have a holistic understanding of the entire Madhab. 10. Knowledge of Allāh and His Divine attributes and the proofs of all of the tenants of faith. (Ihkam fi Usool ul-Ahkam p. 397, vol 4) 17
  • 18. Basic Classifications of a Mujtahid 1. Mujtahid in the Shari’ah 2. Mujtahid in the Madhab 3. Mujtahid in the Masa’il 4. Fuqaha (plural of Faqeeh) who follow or refine the juristic principles set by the Mujtahid Imāms. 18 Possess the Qualifications of Mujtahid Mutlaq
  • 19. Is Absolute Ijtihad Attainable today? Ibnul-Qayyim’s Position Probable • Ijtihād is a Fardhul Kifayah. • Intellectual stagnation • The Prophet (saw) prophesised that a reviver will emerge in every era. Majority view affiliated to Taqleed Highly Improbable • Legal Usools have been developed and codified. Ijtihād occurs in the detailed juristic cases on a minor level. • Opening doors will ensue more Madhabs. • Scholars of great calibre practiced Taqleed, so arguably it intellectually stimulates scholars. • The Hadeeth could also imply to a non- Mujtahid reviver. 19
  • 20. Taqleed Definition of Taqleed; Literal: To tie a bridle/noose around the neck. Technical: 1. Taqleed is following (ittiba)of another person (mujtahid) in what he says or does believing him to be on the truth without dwelling into evidence (min ghair nazri daleel).(Kashful Istalahtil Funoon, p. 117) 2. It is a name of following (ittiba) in statement or action believing him to be on the truth without pondering over his evidences (min ghair ta’ammul fi daleel) (Sharhul Manar p.256) 3. Taqleed is following (ittiba)another person without dwelling into within the proofs (bila nazr fi daleel). (Nami sharh Husami p. 190) 20
  • 21. 1. Taqleed and Ittiba both imply the same thing 2. Taqleed is to rely on those who possess evidence but the questioner (if he is a non-scholar) does not question nor deliberate over the evidence. 3. He does not question due to the belief that the Mujtahid posesses evidence. A Muqallid therefore follows the Mujtahid Imām’s statement because the Mujtahid has clear insight into the statements of Allah and his Messenger (saw). (I’la us Sunnan p. 15, vol 20) 21
  • 22. Ibnul Qayyim’s Classification of Taqleed 22 Wajib (Following the Messenger) Permissible Following a knowledgeable scholar in matters where evidence is not found Prohibited Following a scholar in the presence of evidence. Also restricting to one Imaam. Three types of Taqleed The disputed category where even a layperson must seek to find evidence
  • 24. Is Demanding Evidence Necessary upon a non-Mujtahid?  Sayyidunā Abū Ayyūb (ra) on his way to performing Hajj lost his camel which he brought for sacrificing. Sayyiduna Umar (ra) instructed him, “Do as what the people of Umrah do so you may become Halal. The following year perform your Hajj and offer sacrifice. (Muwatta Mālik, p. 149)  Abdullah once asked his father, Ahmad ibn Hanbal, “If there is a person with a compendium collection of the Prophet’s, Companions’ or Tabi’eens’ statements and this man has no insight in weak disregarded reports nor (insightful) in sound reports is it permissible for him to act upon whichever he wishes and issue verdict by it and thereby act upon it?” He said, “He should not act upon it until he asks regarding what is admissible from it. He will act upon authentic commands which he sought from the people of Knowledge.” (I’laus Sunnan vol 20 p. 8, Ilamul Mooqi’een vol 6, p.115) 24
  • 25. Classification of Scriptural Texts • Tenants of Faith • Obligatory Acts such as Salah, Zakat. Categorical Texts • Relate to the detail aspect of the Juristic Laws. • Open to multiple interpretations. • Non-scriptural rulings. Non-Categorical Texts 25
  • 26. Over view of Non-Categorical Injunctions. 1. Ambiguity in words. 2. Words having multiple meanings with the impossibility of applying all of them simultaneously. 3. Amr (Imperative) and Nahi (prohibited) have various connotations. For instance, imperative commands (amr) could imply obligation, recommendation, concession and so on. The Mujtahid needs to determine the nature of that imperative command by analysing the context in which it is mentioned. 4. Two conflicting Hadeeth which require the Mujtahid to resort to the principles of resolving conflicting proofs. 5. No clear ruling of a legal matter is found in the textual sources, so the Mujtahid exerts all efforts in searching for a precedented ruling from the textual sources that are similar to the contemporary one. Once he identifies the similarity, he will then transfer the precedented ruling to the contemporary one. However, the deductive method of one Mujtahid may be different from the other, resulting in both of them reaching to a different conclusion. 26
  • 27. An example of non-Categorical Evidence “O Believers! When you stand for Salāh then wash your faces, your hands up to your elbows, masah over your heads and (wash) your feet up to the ankles.” (Ma’idah 5:6) The Arabic term used for ‘and’ is waw. What functional role does it have? 1. Imām Shāfi’ee (ra) - Tarteeb (sequential). Therefore, to perform Wudhu in a sequential manner is Fardh. 2. Imām Abu Haneefah (ra) – Mutlaqul Jam’a (unconditional plural). Therefore, to perform Wudhu sequentially is not Fardh but Sunnah. 27
  • 28. Scriptural Evidences Of Taqleed Qur’ān; 1. “O Believers! Obey Allāh, the Messenger and those authorities amongst you.” (Nisa 4:59) According to the interpretation of Sayyidunā Jābir Ibn Abdullāh and Sayyidunā Abdullāh Ibn Abbās “Those of authorities...” implies to the jurists and scholars. (Ahkāmul Qur’ān vol 2, p.210, Tafseer Kabeer vol 10 p.149) 28
  • 29. O Believers! Obey Allāh, the Messenger and those authorities amongst you.” (Nisa 4:59) 29 Ibnul Qayyim’s Arguments about this verse: 1. The verse suggest the paramount importance is to obey Allah and his Messenger. Not to prefer the opinion of man over text. 2. The verse continues, “..if you dispute then refer to Allah and His Messenger” clearly rejects Taqleed. Response; 1. Scholars are interpreters of the laws, not as invaders or over riders of the law which is the sole reason why Allah instructs to follow scholars. 2. It is the scholars responsibility to refer to the Qur’an and Sunnah to explain the commands of Allah, hence non-scholar to refer to scholars in disputed affairs is in actual fact resorting to Allah and His Messenger.
  • 30. 2. “Had they referred the matter to the Messenger and those of authority amongst them, then surely those who infer the matter [by investigating] would come to know of it.” (3:83) Inferring matters by investigation can also apply to Qiyās (analogical deduction) and Ijtihād in contemporary cases. This is only possible for those who are qualified and possess profound insight into such matters because it is the Ulama who deduce laws of Shari’ah from the sources. (Ahkāmul Qur’ān vol 2, p.262, Roohul Ma’āni vol 5, p.85) 30
  • 31. 3: “So ask the people of knowledge if you do not know.”(Nahl 16:43) “There are those who have permitted Taqleed of a Mujtahid from this verse, stating that if a person is not a Mujtahid, it becomes mandatory upon him to follow and resort to a Mujtahid scholar due to the command ‘So ask.. and the correct position is that there is no distinction (in following) between theological or juristic matters and a Mujtahid whether he is alive or deceased’” (Roohul Ma’āni, vol 7, p.387, Tafseer Kabeer vol 19, p. 19) 31
  • 32. So ask the people of knowledge if you do not know.”(Nahl 16:43) 32 Ibnul Qayyim’s Arguments about this verse: 1. The Term Dhikr used in the verse implies Qur’an and Sunnah, hence to seek and question for evidence. 2. This implies general Taqleed, not restricted Taqleed. 3. Others have argued that Ahlu dhikr refers to the Jewish scholars. Response; 1. The Quranic command uses the term Ahl dhikr (people of knowledge/remembrance), not about the remembrance. 2. Though there was no restricted form because juristic principles were not established then, though some companions would refer to one person, e.g. Zaid Ibn Thābit (ra). 3. The verse will have a generic application.
  • 33. Hadeeth 1: Sayyidunā Hudhaifah relates that the Messenger of Allāh said, “I do not know how long I will remain with you, so follow these two people after me; Abū Bakr and Umar.”(Tirmizi) 2. : The Messenger of Allāh is reported to have said in regards to Sayyidunā Abdullāh Ibn Mas’ood, “I am pleased with you for what the son of Umm Abd [i.e. Abdullāh Ibn Mas’ood] is pleased with you.”(Mustadrak) 33
  • 34. 3: The Messenger of Allāh sent Sayyidunā Mu’ādh to Yemen as a governor and a teacher. The Messenger of Allāh posed certain questions to ascertain his method of judging between people. He began by asking him how he would judge if a matter was presented to him. Sayyidunā Mu’ādh replied, “With the Book of Allāh.” He asked, “What if you don’t find it in the Book of Allāh I?” He replied, “Then from the Sunnah.” He asked, “What if you do not find it in the Sunnah?” He responded, “Then I will apply Ijtihād.”The Messenger of Allāh patted him on his chest [as a gesture of ratification] and remarked, “Praise be to Allāh who has enabled the messenger [i.e. Mu’ādh] of the Messenger of Allāh, for that which the Messenger of Allāh is pleased with.” (Abū Dāwood) 34
  • 35. 4. Sayidunā Jābir relates, “We went on a journey and one of the Companions amongst us was struck with a rock that injured his head (severely). He had a wet dream (which required him to perform a ritual bath but due to the excruciating pain on the wound, passing water over it was difficult). He consulted the Companions to seek for the dispensation of Tayammum (dry ablution). They replied, “We do not find any dispensation for you because you are able to use water.” The Companion thus performed a ritual bath and died (as a result of this). When we came to the Messenger of Allāh e and informed him of this account, he remarked (as though he was angry), “They killed him, may Allāh destroy them! Why did they not ask if they did not know? Verily the cure for ignorance is to question. It would have sufficed him if he had done a dry ablution and kept his wound bandaged.” (Baihaqi) 35
  • 36. Era of the Companions; 1: Ikrimah relates that [during the season of Hajj] a group of people from Madeenah enquired from Ibn Abbās, the ruling regarding a woman who starts to menstruate during the first Tawāf [prior to the final Tawāf]. He said that she is permitted to go home without completing the final Tawāf. The people of Madeenah remarked, “We shall not prefer your opinion over the opinion of Zaid Ibn Thābit” (Bukhāri). In another narration recorded in the Musnad of Abū Dāwood Tayālisi, reported from Qatādah (a Tābi’ee scholar), the words used were, “We will not follow you, O Ibn Abbās as you go against the opinion of Zaid.” 36
  • 37. “ It is said that Ibn Umar and a group of those who lived after him in Madeenah amongst the Companions of the Messenger of Allāh used to issue verdicts according to what they acquired from the Madhab of Zaid Ibn Thābit, in those matters which they did not memorise from the Messenger of Allāh’s statements.” (I’lāmul Mooqi’een vol 1, p.17) 37
  • 38. 2: Amr Ibn Maimoon al-Awdai, a Tābi’ee, relates, “Mu’ādh Ibn Jabal came to us in Yemen as a messenger of the Messenger of Allāh. I heard his Takbeer during Fajr and noticed the deepness of his voice. I began developing a keen interest towards him so I (remained in his company and) did not depart from his company until I buried him in Syria. I then began searching for the most knowledgeable person after him and thus, came to discover Abdullāh Ibn Mas’ood (to be the most knowledgeable). So I remained in his company until he died.” (Abū Dāwood) 38
  • 39. Why Restrict to Following One Legal School? Imam al-Nawawi said: Is it necessary for the layperson to adopt a specific Madhab, adopting its concessions (rukhas) and its strictures („aza‟im)? There are two opinions on this as related by Ibn Burhan. The first of them is that it is not necessary for him just as it was not necessary in the first period [of Islam] to specify in one‟s taqlid a specific „alim. The second is that it is necessary, and Abu al-Hasan Ilkiya was assured of this [position]. This applies to all who have not reached the level of ijtihad amongst the fuqaha and the specialists of the remaining sciences. The reason for this is that if it were permissible to follow any madhab one wishes, it would lead to collecting the concessions of all the Madhabs, following one‟s desire, and choosing between permission and prohibition, obligation and permissibility, and that will lead to relinquishing the burden of responsibility; as distinguished from the first period [of Islam] because the madhabs incorporating laws related to all outcomes were not refined. Based on this, it is necessary for one to strive to choose a specific Madhab he will follow. We will pave for him a simple path he should follow when striving to do so. Thus, we say: Firstly, he may not follow in this mere desire and inclination towards what he found his forefathers upon; and he may not adopt the madhab of any of the Imams of the Sahabah (Allah be pleased with them) and others from the early ones, even though they were more learned and higher in rank than those who came after them because they did not devote themselves entirely to compiling knowledge and outlining its principles and its branches, so none of them had a refined, codified and approved madhab, and only those who came after them from the Imams who were affiliated to the madhabs of the Sahabah and the Tabi„in took up this task, undertaking the responsibility of laying down the laws pertaining to all happenings before they occurred, and attempting to clarify their principles and branches, like Malik, Abu Hanifah and others. (Sharh al-Muhadhdhab vol 1, p.93-4) 39
  • 40. Summative points from the passage; 1. The most preferred position is that a non-Mujtahid must restrict to following a specific Madhab. 2. Not restricting to a Madhab will ensue in following one’s desires. 3. He cannot chose to follow a Madhab of a Sahābi because they did not codify any legal principles. 4. The Imāms that came thereafter codified principles of fiqh and Hadeeth. 40
  • 41. Part 3 Ibn al-Qayyim al-Jawziyyah’s (ra) proofs against Taqleed Shakhsi and responses. 41
  • 42. 1. Qur’an 1. “And when it is said unto them: Follow that which Allah has revealed, they say: We follow that wherein we found our fathers. What! Even though their fathers were wholly unintelligent and had no guidance?” (Baqarah 2:170) The reason for this condemnation is the blind imitation of their forefathers without seeking evidence. Thus Taqleed also alludes to following without evidence except that the former leads to Kufr and the latter is a sin. 42
  • 43. Response 1. The latter portion of the verse refutes your argument with the words, “wholly unintelligent and had no guidance” forefathers possessed no knowledge. Mujtahid Imāms have been vested with deducing and interpreting laws, for which knowledge is required. 2. This is a condemnation refers to following those who are upon falsehood. As for following those upon Haq is amongst the most important matters in Deen. (Qurtubi vol 2, p.1945) 43
  • 44. 2. “They took their rabbis and priests as lords besides Allah.” They legislated permitted and prohibited matters contrary to what Allah permitted and prohibited form them. Their followers followed them in these matters as opposed to following the scriptures. The Muqallid adopts the same approach by primarily consulting the Imām as opposed to scripture first. 44
  • 45. Response 1. The followers whilst knowing they are going against the scriptures still accepted their verdicts. A Muqallid on the other hand follows them with the conviction that they will not transgress the scriptures. He chooses to follow them because they have supporting evidence for their position. 45
  • 46. Hadeeth The Messenger of Allah (saw) said, “Beware of the slip of an Alim.” (Baihaqi) Every scholar is prone to mistakes, hence by making Taqleed one will not be aware of the Imām’s mistakes. 46
  • 47. Response 1. This is addressed to one who is aware of the slip because being aware in the absence of knowledge is not possible, so it is not addressed to muqallids who do not recognise a slip from a correct statement. 2. The Messenger of Allah (saw) in one Hadeeth promised double reward for a judge (and scholar)for issuing a correct answer but one reward if the verdict is incorrect. (Abu Dawood) 47
  • 48. Statements of the Imāms in Prohibiting Taqleed 1. Imām Shafi’ee said, “The likeness of the one who seeks knowledge without proof is like the one who gathers wood at night (hatibi layl), carrying a bundle of wood in which is a snake that bites him while he is unaware.” Al-Bayhaqi related it. 2. “When a Hadeeth is Authentic then that is my Madhab.” 48
  • 49. Response 1. For a mujtahid, his proof is the Book, the Sunnah, Ijma„ (consensus) and Qiyas (analogy) but for the non-mujtahid, it is the statement of a knowledgeable insightful mujtahid. However, when he [i.e. a non-mujtahid] performs ijtihad and intends to adhere to proof, it will not be assured from him that he [does not] believe non-proof to be proof just as one who gathers wood at night takes hold of a snake believing it to be wood and it bites him. The likeness of a mujtahid is like a skilled guide, treading the path using his own insight, and the likeness of a muqallid is like one unaware of the path, treading behind a skilled guide, and the likeness of a non-mujtahid doing Taqlid of himself is like one who gathers wood at night. 49
  • 50. 2. Ibn Katheer comments on the statement (when a Hadeeth is authentic then that is my Madhab) under the verse of Salātul Wustā, “It is a sign of his mastery and trustworthiness, which was also the way of his brother Imāms, may Allāh have mercy on them and be pleased with them.” (Tafseer Ibn Katheer, vol 1 p.654) 50
  • 51. Imām Nawāwi’s (a renowned Shāfi’ee scholar) further adds the condition of researching the Madhab of the school before preferring Hadeeth over the statement of the Imām. He mentions, “What Imām Shāfi’ee said (when a Hadeeth is authentic then that is my Madhab) does not mean that anyone who finds a Hadeeth should say, ‘This is the Madhab of Imām Shāfi’ee,’ applying the apparent meaning of his statement. What he said most certainly applies to those ranked to the status of Ijtihād in the Madhab. It is a condition for the person to be firmly convinced that either Imām Shāfi’ee (or any other Imām in this respect) was unaware of the existence of the Hadeeth or its authenticity. This is only possible after having researched all the books of Imām Shāfi’ee and other similar books of the his companions who took knowledge from him and others similar to them.” (Al-Majmu Sharh al-Muhadhab vol 1 p.64) 51
  • 52. Another Argument Taqleed of one school was innovated after the 4th Century Scholars who adhered to one of the legal schools are as follows; 1. Imām Wakee ibn Jarrah ( d. 197AH) 2. Imām Yahya ibn Ma’een (d.233 AH) 3. Imām Yahya Ibn Sa’eed al-Qattān (d. 198AH) 4. Imām Abu Bakr al-Marwazi (d. 275 AH) 5. Imām Abu Ibraheem Al-Muzani (d.264AH) 6. Imām Abdur Rahman ibnul Mahdi (d.198AH) 52
  • 53. Statements of Scholars on the necessity of Taqleed Shakhsi 1: Imām Shams ud-Deen Dhahabi, known as Hāfiz Ad- Dhahabi, states: “I follow (what I believe to be) the truth and perform Ijtihād (when necessary). I do not adhere to any Madhab, I say: yes. Whoever has reached the level of Ijtihād and a number of Imāms have attested to this regarding him, it is not allowed for him to do Taqleed, just as it is not seeming at all for the beginner layman jurist who has committed the Qur’ān to memory or a great deal of it to perform Ijtihād. How is he going to perform Ijtihād? What will he say? On what grounds shall he base his opinions? How can he fly when his wings have not yet grown?”(Siyar A‘lām un- Nubalā, Vol.18, Pg.191 ) 53
  • 54. 2.: Allāmah Ibnul Humām a renowned Hanafi scholar states: “(As for the layman) it is obligatory for him to do Taqleed of a single Mujtahid… The jurists have stated that the one who moves from one Madhab to another by his Ijtihād and evidence is sinful deserving of being punished. Thus one who does so without Ijtihād and evidence is even more deserving.”(Fath ul-Qadeer, the commentary of Al-Hidāyah, vol.6 p.360 ) 54
  • 55. 3: Imām Nawāwi, a renowned Shāfi’ee jurist and Muhaddith, states: “The second view is, it is necessary for him (the layman) to follow one particular school and that was the definitive position according to Imām Abul-Hasan. This applies to everyone who has not reached to the degree of Ijtihād of the jurists and scholars of other disciplines. The reasoning for this ruling is, that if it was permitted to follow any school one wished, it would lead towards selecting the dispensations of the schools and the following of ones desires. He would (eventually) be choosing between Halāl and Harām and obligatory and permissible. This would lead to relinquishing oneself from the burden of responsibility. This is not the same as during the first generations, for the schools that were sufficient in terms of their rulings for newer issues were neither structured nor widespread. Thus, on this basis it is obligatory for a person to strive in choosing a Madhab which alone he follows.” (Sharh Al-Muhadhdhab, Vol.1 p.93 ) 55
  • 56. 4: Imām Sha’rāni, an authority within the Shāfi’ee school states; “…You (O student) have no excuse left for not doing Taqleed of any Madhab you wish from the schools of the four Imāms, for they are all paths to Heaven…” (Al-Meezānul-Kubrā, vol.1 p.55) 5: Imām Salih As-Sunūsi writes: “As for the scholar who has not reached the level of Ijtihād and the non-scholar, they must do Taqleed of the Mujtahid… And the most correct view is that it is Wājib (obligatory) to adhere to a particular school from the four schools…” (Fath al-‘Alee al-Mālik fil- Fatwa ‘alā Madhab al-Imām Mālik, p.40-41 ) 6: Imām Alā ud-Deen Al-Mardawi, a Hanbali scholar, in his major juristic compendium Al- Insāf, records the statement of the famous scholar Imām Al-Wazeer Ibn Hubaira : “Consensus has been established upon Taqleed of one of the four schools and that the truth does not lie outside of them.” (Al-Insāf, Vol.11 p.169 ) 56
  • 57. 7: Imām Āmidi writes in Al-Ahkām fi Usūl ul-Ahkām: “The layman and anyone who is not capable of Ijtihād, even if he has acquired mastery of some of the sciences related to Ijtihād, is obligated with following the positions of the Mujtahid Imāms and taking their juristic opinions and this is the view of the experts from the scholars of the principles. It was the Mu’tazila of Baghdad who prohibited it, except if the soundness of his Ijtihād becomes clear to him.” (Al-Ahkām fi Usūl ul-Ahkām, vol.4, p.450 ) 8: Imām Badr ud-Deen az-Zarkhashi states; in Al-Bahr ul-Muheet, “There has been an established consensus amongst the Muslims that the truth is restricted to these (four) schools. Thus it is not permitted to act upon any opinion other than them. Nor is it permitted for Ijtihād to occur except within them (i.e. employing their principles that is the tools of interpretation).” (Al- Bahrul-Muheet, vol.6 p.209 ) 57
  • 58. 9: Ibn Rajab al-Hanbali writes; “…that is the Mujtahid, assuming his existence, his obligation is to follow what becomes apparent to him of the truth. As for the non-Mujtahid his duty is to do Taqleed.” He further states: “As for all other people who have not reached this level (of Ijtihād), it is not allowed for them but to do Taqleed of these four Imāms and to submit to that which the rest of the Ummah submitted to.” (Refutation of Anyone who Follows Other than the Four Schools, vol.2 p. 626-624 ) 58
  • 59. Those Known to have adhered to a School of Thought 1. Imām Abū Easa At-Tirmizi (Shāfi’ee) – a Muhaddith 2. Imām Yahya Ibn Ma’een (Hanafi) – a Muhaddith 3. Imām Baihaqi (Shāfi’ee) – a Muhaddith 4. Imām Abū Jafar At-Tahāwi (Hanafi) - a Muhaddith and Faqeeh 5. Imām Fakhr ud-Deen Ar-Rāzi (Shāfi’ee) – a Mufassir 6. Imām Ibn Abdul-Barr v (Māliki) – a Muhaddith 7. Imām Abū Zakariyya An-Nawāwi (Shāfi’ee) – a Muhaddith and Faqeeh 8. Imām Abū Bakr Jassās (Hanafi) – a Mufassir and Faqeeh 9. Imām Ibn Rajab (Hanbali) – a Faqeeh 10. Imām Ibn ul-Humām (Hanafi) – a Faqeeh 11. Imām Abū Ishāq Ash-Shātibi (Māliki) – a Faqeeh 12. Imām Ibn Hajr Al-Asqalāni (Shāfi’ee) – a Muhaddith 13. Imām Abūl-Abbās Al-Qurtubi (Māliki) – a Mufassir 14. Imām Badr ud-Deen Al-Ayni (Hanafi) – a Muhaddith 15. Imām Jalāl ud-Deen As-Suyūti (Shāfi’ee) – a Mufassir, Muhaddith and a master in almost every field 16. Imām Ibn Rushd (Māliki) – a Faqeeh 17. Imām Adh-Dhahabi (Shāfi’eeFaqeeh) – a Muhaddith and an authority in Asmā-ur-Rijāl (critical analysis of the narrators in the chain of transmission) 18. Imām Ibn Qudāmah (Hanbali) – a Faqeeh 19. Imām Abū Hāmid Al-Ghazāli (Shāfi’ee) – a Saint, Faqeeh and Theologian 59
  • 60. Conclusion 1. None of the other Madhabs gained recognition and acceptance as the four major Madhabs did. 2. Their juristic principles, detailed Fiqhi cases and elaboration on legal texts were codified, refined and developed by their reputable students and by the end of the fourth era, only their principles served as an accepted interpretive model for the Shari’ah. 3. Many reputable scholars of the past adhered to one of the four legal schools, each one being an expert in his own right. 4. A layperson, being oblivious of the science of Hadeeth and juristic principles, is unable to distinguish between suitable and non-suitable practices of Hadeeth. 5. Following one of the four Madhabs will be a means of controlling ones egos and desires. The Deen will become much more systematic and easier to follow. 6. Abandoning the four legal schools will result in creating a fifth Madhab and opening a floodgate of more diverse opinions and confusion on single matters. 60