In The Safe Haven Of Taqleed

[ummtaalib]

BISMILLAH HIRRAHMÃ NIRRAHEEM

 

“Ask those of knowledge if you do not know”

(Surah Nahl V:43))

 

Islãmic history is littered with the wrecks of personalities and movements who ejected themselves from the protective shield of Taqleed. Sects and persons who discarded the Taqleed of the Sahãbah and the A’imma Mujtahideen invariably slid into the abyss of deviation. All those who discarded the mantle of Taqleed ended with Imãn shred to bits and pieces.

Each and every bãtil (false) sect commenced its voyage into the ocean of falsehood and disbelief by firstly discarding and refuting the Shar’i concept of Taqleed. For Taqleed does not admit the unrestricted operation of the lowly nafs. Abandoning of Taqleed is the only way in which men of the world, slaves of the nafs could hope for the fulfilment of their conceptions of desire and passion.

In this age of ‘modernity’ the slogans of anti-Taqleed have been raised everywhere from individuals totally lacking in true Islãmic knowledge and wholly deficient in Imãn. Hence this short leaflet has been compiled in an effort to save the Imãn of many a Muslim who has become the victim of the votaries of non-Taqleed.

Definition of Taqleed

The acceptance without demanding proof of a statement of another, on the belief that the statement is being made in accordance with fact and proof is called Taqleed.
Proof for Taqleed

¨ “O You who believe! Follow Allah; follow the Messenger and those of authority (Amr) amongst you.” (Surah Nisã V.59)

That of authority (Amr) has been explained by some as Muslim rulers while others have viewed them as jurists. The latter view was the opinion of Abdullah Ibn Abbãs (R.A.), Mujãhid, Atã Ibn Rabah, Atã Ibn Saib, Hasan Basri ® and many others.

¨ “So if you do not know, ask those of remembrance.” (Surah Nahl V.43)

There is an academic principle in this verse, which is that those who are not experts in a field should resort to seeking advice from those who are and act accordingly.
Shaykh Ãloosi writes in the commentary of this verse; “This verse has been used to prove that referring to scholars is necessary in cases where one does not have knowledge of the issue in question. Imãn Suyuti in his ‘Ikhleel’ writes that this verse has been used to prove the point that the lay person should follow another Imãm (make Taqleed) in details of Islãmic law.” (Roohul Ma’ãni Vol.14 P.148).

¨ Hudhaifah (R.A.) said that the Prophet of Allah (Sallallahu Alaihi Wasallam) said; “I do not know how long I will remain with you. So follow these two people (who will remain) after me- Abu Bakr and Umar.” (Tirmizi, Ibn Majah and Ahmad).

 

In this Hadith, special attention should be given to the word ‘Iqtidã’ (follow) which is used in the Arabic text. ‘Iqtidã’ is not used to mean following in the organizational sense, but rather it is used to refer to religious following.
Ibn Manzoor, the famous expert on the Arabic language writes; “The words Qudwa and Qidwa are sued for people who are followed in their traditions. Qudwa means uswah (an example).” (Lisãnul Arab Vol.20 Pg.31).

¨ Imam Tirmizi and Imãm Abu Dã’wood have both narrated that when the Prophet of Allah (Sallallahu Alaihi Wasallam) send Mu’adh Ibn Jabal (R.A.) to Yemen (as a governor), he asked him; “How will you judge if you are asked to do so?” Mu’adh (R.A.) said; “I will judge according to the Book of Allah.” The Prophet of Allah (Sallallahu Alaihi Wasallam) asked; “And if you do not find it in the Book of Allah?” Mua’adh (R.A.) replied; “Then I will judge according to the Sunnah of His Messenger.” The Prophet of Allah (Sallallahu Alaihi Wasallam) then asked; “And if you do nor find it in the Sunnah of the Messenger, or in the Book of Allah?” Mu’adh (R.A.) replied; “Then I will exercise my own opinion and I will not be negligent with it.” The Prophet of Allah (Sallallahu Alaihi Wasallam) then patted the chest of Mu’adh (R.A.) with his hands and said; “All praise is due to Allah, Who has guided the emissary of His Messenger towards that which He guided His Messenger.”

 

The Prophet of Allah (Sallallahu Alaihi Wasallam) sent one of the best scholars from amongst the companions. He appointed Mu’adh (R.A.) as a governor, judge, mentor and Mujtahid for the people of Yemen and ordered him to be followed. It is clear that the Prophet of Allah (Sallallahu Alaihi Wasallam) decreed the people of Yemen to practice Taqleed of an individual.

¨ Aswad bin Yazeed narrates; “Mu’adh came to us in Yemen as a teacher and commander. We questioned him regarding a man who had died leaving (as his heirs) a daughter and a sister. He decreed half the estate for the daughter and half for the sister. This was while the Prophet of Allah (Sallallahu Alaihi Wasallam) was alive.” (Kitãbul Farã’idh-Bukhãri/Muslim).

 

It is realised from this narration that Taqleed was in vogue during the time of the Prophet of Allah (Sallallahu Alaihi Wasallam). The questioner did not demand proof or basis for the decree. He accepted the ruling, relying on the integrity. Piety and righteousness of Mua’adh (R.A.). This is precisely Taqleed.

¨ Huzail bin Shurahbeel narrates; “Abu Musa Al Ash’ari (R.A.) was asked a question of inheritance and the same was asked to Abdullah Ibn Mas’ud (R.A.) both had deferred in their answer. When Abu Musa (R.A.) was informed of Ibn Mas’ud’s (R.A.) answer, he said; ‘Do not ask me as long as this great scholar is among you.” (Bukhãri, Abu Dã’wood, Tirmizi).

 

It will be understood that in Abu Musa’s (R.A.) directing the people towards Ibn Mas’ud (R.A.) is in fact a mandate for following an individual.

¨ Ibn Abbãs (R.A.) narrates that Umar Ibn Khat’tãb (R.A.) gave a sermon at Jabiyah and said; “O people! If you want to know anything about the Qur’ãn, go to Ubaid Ibn Ka’b. if you want to know anything about inheritance, go to Zaid Ibn Thãbit. If you want to know about Fiqh, go to Mu’adh Ibn Jabal. If you want to know about wealth, then come to me for Allah has made me a guardian and a distributor.” (Tabarãni in Al-Awsat).

These narrations indicate that Taqleed is not a new concept which could be refuted. Its existence from the very epoch of Khairul Quroon (the three eras adjacent to the age of he Prophet of Allah (Sallallahu Alaihi Wasallam) is an established fact.

Why follow only one Imãm?

It is established by experience and observation that in this age most people are governed by selfishness, baneful motives, dominating desire, lust, insincerity. If under these circumstances, the door of following one Imãm in general were unconditional, inadvertently desires would become the commanding principle. For example bleeding expiates Wudhu according to Imãm Abu Hanifa ®, but not according to Imãm Shãfi’i. for the sake of inconvenience and ease a person, who usually follows Imãm Abu Hanifa ®, may choose to follow Imãm Shãfi’i’s opinion and offer Salãh in this condition, which according to the Hanafi’s is not valid because he is without Wudhu. However touching a woman would invalidate his Wudhu according to Imãm Shãfi’i ® and does not according to Imãm Abu Hanifa ®. According to all schools of jurisprudence such Wudhu is expiated and no school would accept Salãh of such a person as valid. This is called ‘Talfeeq’ and there is Ijma and consensus of opinion that Talfeeq is impermissible.

A person left freely to adopt the view which suited him best and abandon the ruling which did not meet his ‘standards’ of comfort begs the question upon what basis is the ‘non-scholar’ to choose between two contrary rulings if not ones own nafs (desire).

No Muslim scholar of any repute has validated this kind of practice. Imam Taymiyah ® discussed the deception of this approach and wrote; “Imãm Ahmad among others, have categorically stated that it is not befitting for anyone to deem something Harãm at one time and then deem the same thing Halãl at another merely on whim and fancy.” (Fatãwa Ibn Taymiyah Vol.2 Pg.23).

“There is no difference, as far as the Qur’ãm and Sunnah is concerned, in following one mujtahid and not others” (Ibid Vol.2 g.446).

Shay Waliyullah ® writes; “The Ummah has unanimously agreed upon the validity of following one of the four schools of thought, which have been organised and documented. There are many obvious benefits in this, especially today where determination has dwindled; where desires have penetrated our consciousness and gloating with ones own opinion is seen as a virtue.” (Hujjatullahul Bãligha Vol.1 Pg.154).
 

“You should know that following these four schools has tremendous public advantages and benefits. Forsaking them is wrought with mischief and harms.” (Iqdul Jeed Pg.31).

These are the statements of two scholars who even those who do not agree with the concept of Taqleed hold them in great Academic standing.

Imam Taymiyah ® reported that Imãm Ahmad Ibn Hanbal ® used to; “Instruct the lay person to ask Ishãq, Abu Ubaid, Abu Thaur and Abu Mus’ab.” (Fatãwa Ibn Taymiyah Vol.2 Pg.240).

In the context of Taqleed a ‘lay person’ is defined as one who knows little regarding the Arabic language, and about Islãm in general, even though they may be intelligent in other fields of knowledge. Proficiency to read Arabic titles concerning the Qur’ãn and Sunnah but devoid of any formal Islãmic studies with a qualified instructor would also place a person within the ambit of laity.

In addition, students who have taken formal courses in Islãmic sciences but have failed to develop expertise would also fall within this classification. The above-mentioned are under an obligation to practice Taqleed. They must follow a specific Imãm and Mujtahid because they simply do not have the ability to refer to the Qur’ãn and Sunnah directly nor can they differentiate between what is apparently contradictory and give scholarly preference to one opinion over the other.

Shaykh Khatib Baghdãdi ® wrote; “As for those who should apply Taqleed it is the lay person who does not know the methods of extracting Islãmic rules. It is permissible for such a person to follow one specific Imãm and act upon his rulings. This is so because he does not possess the tools for Ijtihãd so his duty is to follow just as a blind person must follow someone who is able to see for determining the direction of the Qiblah.” (Al-Faqih wal Mutaffaqih Pg.68).

With regards to Taqleed of an individual, in reality even opponents of Taqleed engage in a form of following, after all even they were not born Mujtahids. Many opponents are not scholars in any sense of the word and even those who are scholars do not have the academic command over every issue. Antagonists of Taqleed-who are non-scholars- will follow the answers offered by scholars. Hence, there are several compilations of Fatwas where no immediate commitment is made to present proofs, and even where there exists some dialogue on proofs, how can a lay person determine right from wrong? Thus even the opponents of Taqleed end up being Muqallids (followers).

So who then can be free from Taqleed????

Islamic Tarbiyahh Academy
http://islamictarbiyah.com/