[ALIGN=LEFT][ALIGN=LEFT]1.What is Taqleed and Itjihaad?
Taqleed linguistically means: Placing something around the neck, which encircles the neck. In Islamic terminology it means: Accepting the saying of a person without any proof or evidence. Taqleed is also commonly referred to as blind following. The person who performs taqleed is called a muqallid. Since taqleed is based upon ignorance, not knowledge, the blind follower is not a scholar.
Ijtihaad linguistically means: to expend efforts in order to reach some difficult matter. In Islamic terminology it means: Expending efforts to arrive at a Sharee’ah ruling. A mujtahid is one who performs ijtihaad. Only the scholar with detailed knowledge of the Qur’an and the hadith and its various sciences, and who has the ability to derive rulings from the Shariah evidences, is allowed to perform ijtihaad.
2. Is Taqleed Permissible?
This depends on the individual, and the situation that he is in. So in some cases taqleed is permissible, and in other cases it is impermissible.
[a] The Permissible Type of Taqleed
There are two cases where taqleed is permissible:
[i] "As for the permissible form of blind-following, then it is for the common person (’aamee) who, if he does not follow the people of knowledge, then he will stray from the path. Allaah, the Mighty and Majestic, said:" Ask the people of knowledge if you do not know." [an-Nahl 16:43]. And taqleed is not done to just anyone. Rather, it is done to one who is accredited with knowledge and piety; and he is known to the people for this" (Fatwaa of Shaykh Saalih al-Fawzaan)
"When a Muslim is faced with a problematic situation, he should seek a verdict from one whom he believes will give him a verdict based upon what Allaah and His Messenger have legislated; whatever school of thought (madhhab) he belongs to. It is not obligatory upon any Muslim to blindly follow a particular scholar in all that he says. Nor is it obligatory upon a Muslim to blindly follow a particular madhhab in all that it necessitates and informs. Rather, every person’s saying is taken or left, except that of the Allaah’s Messenger sallallaahu ’alayhi wa sallam. To follow the madhhab of a particular individual because you are unable to know what has been legislated, is something that is permissible; it is not something that is obligatory upon every individual. (Fatwaa Shaykhul-Islaam Ibn Taymiyyah)
[ii] The mujtahid is allowed to perform taqleed when he encounters a new situation for which an immediate solution is required, but it is not possible for him to research into the matter.
[b] The Forbidden Type Of Taqleed
Ibn al-Qayyim rahimahullaah, said: "It is of three types:
Firstly: turning away from what Allaah has revealed, and instead being satisfied with the taqleed of your forefathers.
Secondly: doing taqleed of someone when you do not know if that person is from those whose saying can be taken.
Thirdly: doing taqleed after the proofs have been made clear and it becomes obvious that the evidence contradicts the view of the one to whom taqleed is done."
Shaykh ’Abdur-Rahmaan ibn Hasan, rahimahullaah, said: "Doing taqleed before the proofs reach a person is not blameworthy. Rather, the one who is to be criticised is that person to whom the proofs reach, yet he opposes them due to [adhering to] the saying of his scholar."
3 Should we follow a Madhhab?
Shaykh Muhammad ibn Saalih al-’Uthaymeen rahimahullaah responded:
"If what is intended by sticking to a madhhab is that a person sticks to that madhhab, and turns away from everything else; whether the correct view lies in his madhhab or another madhhab - then this is not permissible, and is from the blameworthy and bigoted partisanship.
But if a person ascribes to a particular madhhab in order to benefit from its principles and guidelines, but he refers it back to the Book and the Sunnah; [such that] if it becomes clear to him that the preferred view lies in another madhhab, he then adopts that view - then there is no problem with this."
Shaykh Muhammad ibn ’Abdul-Wahhaab, rahimahullaah, said:
"If a person is learning fiqh from one of the four madhhabs, then he sees a hadeeth that opposes his madhhab; and so he follows it and leaves his madhhab - then this is recommended, rather it is obligatory upon him when the proof has been made clear to him. This would not be considered as opposing his Imaam that he follows, since they - Abu Haneefah, Maalik, ash-Shaafi’ee and Ahmad, radiallaahu ’anhum ajma’een - were all agreed upon this fundamental principle."
4. What Are The Conditions For Following A Madhhab
Firstly: To believe that infallibility belongs only to the Prophet sallallaahu ’alayhi wa sallam; all other people after him are fallible and make mistakes.
Shaykhul-Islaam Ibn Taymiyyah, rahimahullaah, said:
"It is not obligatory upon this Ummah to obey anyone in particular in all that he may commands and prohibits, except the Messenger sallallaahu ’alayhi wa sallam And the four Imaams, may Allaah be pleased with them, all forbade the people from blindly following them in all that they may say.
Secondly: That the intended goal should be to follow the Book and the Sunnah, and not to merely follow the opinions of the scholars of the madhhab. Therefore in any issue, if it becomes clear that the preferred view, along with its proofs, lies in other than his madhhab, he must follow the proof and not reject it.
Thirdly: That forming allegiance (walaa) or enmity (baraa) based upon following a particular madhhab is forbidden. You should not love someone more just because he has adopted the same madhhab as you.
Fourthly: To leave the position of your madhhab, due to whims and desires, or for convenience is forbidden. (e.g if a person intends only to chose the easiest rulings from each madhab).
5. What did the four great Imaams say about Taqleed.
Imaam Abu Haneefah said. "When I say something contradicting the Book of Allaah the Exalted, or what is na from the Messenger (sallallaahu alaihi wa sallam), then ignore my saying."
[Al-Fulaani in Eeqaaz al-Himam (p. 50), tracing it to Imaam Muhammad and then saying, "This does not apply to the mujtahid, for he is not bound to their views anyway, but it applies to the muqallid."]
He also said: "It is prohibited for someone who does not know my evidence to give verdicts on the basis of my words".
[Ibn 'Abdul Barr in Al-Intiqaa' fi Fadaa'il ath-Thalaathah al-A'immah al-Fuqahaa' (p. 145).
Imaam Maalik said: "Truly I am only a mortal: I make mistakes (sometimes) and I am correct (sometimes). Therefore, look into my opinions: all that agrees with the Book and the Sunnah, accept it; and all that does not agree with the Book and the Sunnah, ignore it." [Ibn 'Abdul Barr in Jaami' Bayaan al-'Ilm (2/32)
Imaam Shaafi said: "If you find in my writings something different to the Sunnah of the Messenger of Allaah (sallallaahu alaihi wa sallam), then speak on the basis of the Sunnah of the Messenger of Allaah (sallallaahu alaihi wa sallam), and leave what I have said."
Imaan Ahmed ibn Hanbal said: . "Do not follow my opinion; neither follow the opinion of Maalik, nor Shaafi'i, nor Awzaa'i, nor Thawri, but take from where they took." [i.e. from the Sunnah]
There are many example of the students of these great Imaams ignoring the their fatawaa when they found them to be clearly against the Sunnah. The two main students of Abu Haneefah; Muhammad ibn al-Hasan and Abu Yoosuf (rahimahullaah) differed from Abu Haneefah in about a third of the Madhhab.
For example, Imaam Muhammad ibn al-Hasan says in his Muwatta' (p. 158), "As for Abu Haneefah, he did not regard there being a prayer to ask for rain, but we hold that the imaam prays two rak'ahs and then supplicates and holds out his wrapping garment ..."
6. What about the madhabs of today?
Many Muslims treat the four noble Imaams as though their words are protected from error. For some people, the words of an Imaam are taken as "gospel" and followed exclusively (as if it were revelation). Even if a verse from the Quraan or an authentic saying of the Messenger is brought as an argument against what their chosen Imaam said, their followers forsake what Allah or the Messenger (sallallaahu alaihi wa sallam), said and instead follow their Imaams.
This dangerous position leads to blind taqleed (following) of men and ignoring the Book of Allah and the Sunnah of His noble Messenger. The blind followers of today have declared it obligatory to follow one of the four madhabs and forbid taking the saying of anyone outside the madhab. It is almost as if they have made their Imaam as a Prophet to be followed in everything he says.
We also find that the contemporary advocates of blind following, use the madhab as a cloak for their deviant Sufi beliefs.
7. How the Hanafees contradict their own Imaams
The instances of the Hanafees contradicting their own madhab (not to mention contradicting the Qur’an and Sunnah) are numerous. For the sake of brevity, only a few examples are given.
i) Their belief that Allah is everywhere
Abu Haneefah was asked about someone who says, 'I do not know if my Lord is in the heavens or the earth?' So he said, 'He has disbelieved since Allaah ,the Most High says: The Most Merciful ascended above the throne (Arsh) [at- Taaha 20:5]. And His Arsh is above the heavens" (al-Fiqh ul-Akbar p.19 of the Egyptian print).
ii) Requesting waseelah (intercesion) through the pious dead
The shirk of the Mushrikeen whom the Messenger fought was that they called upon their pious dead to intercede for them with Allah. "They worship besides Allah things that hurt them not, nor profit them, and they say: ‘These are only our intercessors with Allah". (Yunus
18). Thus Allah describes their act of requesting intercession as Shirk and worship to other than Allah.
But we find the Hanafi books encouraging people to seek the intercession of Allah’s Messenger (sallallaahu alaihi wa sallam) for example: "After greeting the Prophet, pray to Allah through the name of the Messenger of Allah. Beg the intercession of Allah’s Messenger". (Fazaail-e-Amal (Eng. Trans), Virtues of Haj, Chapter 9, p152, no 32. New Edition 1982).
Yet Abu Haneefah said: "It is not right that anyone should supplicate to Allah except by Him (Allah), and I hate that anyone should say ‘By the right of so and so’ or ‘By the right of Your Prophets and Messengers’ (al-Fatawa al-Hindiyyah 5/280 & Sharhul-Kharkhee by al-Qudooree).
iii) Not closing the gaps in the congregational prayer
Standing ankle to ankle and shoulder to shoulder in the prayer is a Sunnah which has sadly been abandoned. The Messenger of Allah (sallallaahu alaihi wa sallam) said: "Establish the lines [straight] and tarassuw [come closely together]. (Bukhari and Muslim).
And Anas ibn Malik further explained this hadith "I saw that one of us would connect his shoulder to the shoulder of his companion and his heel to his heel" (Fath ul Bari).
Ibn Abidayn, one of the foremost scholars of the Hanafi madhab, said in his book Hashiyah: "As for what is reported, that they would cling ankle to ankle, the meaning by that is in congregation, that is - one stands next to the other, and it is like this in Fatawa Samiraqand".
8. An important question to the Muqalid
"We ask everyone who blindly follows a particular person to the exclusion of others:
‘What has given the one whom you follow more right to be followed than others?’
If he says, ‘Because he was the most knowledgeable of his time and his excellence was greater than those before him’.
Then we say, ‘How do you know that when you have declared that you are not one of the people of knowledge, rather this can only be known by someone who knows the different madhabs and their proofs and that which is preferable therefrom? So how can a blind man check the coinage?
If you only follow the most knowledgeable, then why do you not Abu Bakr, Umar, Uthmaan and Alee and Ibn Masood - radiallahu anhum - since they are more knowledgeable than the one who you are following by consensus of the Muslims."
"What had the people used to do before the birth of the one whom you blindly follow. Were the people who came before your Imaam upon guidance or error?’
They will have to admit that they were upon guidance. So what were they upon except giving precedence to the sayings of Allah and His Messenger and the narrations of his Companions. If that is guidance, then what is there after the truth except misguidance."
[summary of the words of Sheikh Sultan Ma’soomee]
9. So follow the Messenger!
Sheikh Sultan Ma’soomee said:
"If we blindly follow the madhab of a man and then a hadith reaches us from the infallible Messenger (sallallaahu alaihi wa sallam) who’s obedience Allah has made obligatory upon us and we then leave Prophet’s hadith and follow that man and his madhab, then who can be more unjust than us and what will be our excuse when the people stand before the Lord of the World…the most that it can be said that is that is permissible or obligatory for the common person to follow any Imaam without specifying anyone in particular."
Sheikh Al Fullaanee said: "The blind follower (muqalid) does not ask for the judgement of Allah and His Messenger but rather he asks about the position of his Imaam, and if it appears to him that the madhab of his Imaam is contrary to the Book of Allah and the Sunnah of the Messenger , then he will still not leave that."
The correct position is that the only Imaam to be followed and obeyed in all that he says in the Prophet (sallallaahu alaihi wa sallam).
10. The Solution
Imaam al-Laalikaa'ee said: "And among the mightiest of statements and clearest of proofs and understandings is:
The Book of Allaah, the Manifest Truth,
Then the saying of the Messenger of Allaah (sallallaahu alaihi wa sallam),
And of his Companions, the chosen, pious ones,
Then that which the Salaf us-Saalih were unanimously agreed upon,
The holding fast to all of that and remaining firm upon it till the Day of Judgement,
Then turning away from the innovations and from listening to them - from amongst those things the astray people have invented."
[Sharh Usool ul-I'tiqaad (1/9)][/ALIGN][/ALIGN]
01-11-03, 04:28 PM
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