TAQLEED

Fiqh i.e. Islamic Jurisprudence is a matter of much significance. Every Muslim has needed it from the first day itself. The decadence in Beliefs (Aqaaid) and issues (Masaail) in the present time has only increased its importance. To highlight its importance, at the start of this paper, a brief introduction is being presented. Then the subject matter itself will be discussed. Human beings are forever in need of guidance for all their actions. This is also beyond their ability to frame laws for themselves and obey them. Due to the inherent differences and shortcomings of the human mind, human beings cannot frame any law which is flawless in all respects. Inevitably, they have to turn to the Lord Almighty for guidance. For this reason, Allah SWT has guided us through His revelation (wahi). The to be recited revelation (Wahi Matlu) and the not-to-be-recited revelation (Wahi Ghair Matlu) i.e. the Hoy Quran and the Prophetic Traditions (Hadith) are the only 2 sources of Islamic Law. Allah SWT has declared the fulfillment of this religion (din), Surah Maida -03. Now there will be no revelation, but this is clear that the verses of the Holy Quran and the words of the Hadith are limited, where as the problems of the humankind, which are refashioned by the passing of time, are unlimited. For this reason, the extraction of rules of the contemporary issues by contemplating over the sources of Islamic law is highly necessary. In the Science of Jurisprudence (Fiqh), these very issues of human life are dealt with. The verses of the Holy Quran and the Traditions that deal with these issues are 500 and 3000 respectively. Obviously, new rules have to formulated by contemplating over these verses and Traditions. In these, at some places they (the rules) have been mentioned concisely, at some places, they are hidden, at some places, they have been mentioned in abbreviated form and at some places they are ambiguous. To contemplate over them and formulate rules, which include personal, economic, political, domestic rules, and to guide the community and the Ummah, is beyond the ability of even an accomplished scholar, let alone a common man. Mere mastery of language does not qualify one to understand the finer points of the law and neither can every litterateur be a legislator as well. When this is not possible in the laws made by men, but is considered a joke that only mastery over a language qualifies one to be a legislator, then comprehension of Divine Laws demands much more from us. For this reason, those revered personalities who spent their entire lives in the deduction and extraction of laws, who remained the leaders of the community because of their knowledge and piety, their deductions are more authoritative than ours. This is so obvious that no explanation is needed for this. Every person turns to his/her superior in need and trusts the superior’s judgment and the same happens in Taqleed, in which because of the inherent harm of following one’s own judgment, one turns towards the Mujtahid (lit. the extractor of laws), in whom one sees the ability of extraction of laws. In a way, Taqleed is the nature of man and man cannot run away from Taqleed. For this reason, the whole Islamic world since the earliest ages, have considered any of the 4 Imams as their leader. After this brief introduction, the necessity of Fiqh and the compulsory nature of Taqleed will be dealt with in the light of the holy Quran and the Traditions. NECESSITY OF FIQH The Holy Quran is the epitome of eloquence. In spite of being easy to understand, most of the subjects dealt with in the Holy Quran are such that understanding the rules that can be deduced from them is not easy. The reason is that The Holy Quran and the Traditions describe the necessity and importance of Fiqh. Allah SWT says in the Holy Quran, Surah Taubah- 122. There is another verse in Surah Baqara- The one who has been granted wisdom (Fiqh), has in reality been given a great ni’mah. There is a Hadith in Sahih Bukhari. Whosoever, Allah SWT wants to bless, He grants him understanding of religion and there is nothing except that I distribute and Allah SWT grants. Shaykh Ul Islam Imam Muhammad Anwarullah Farooqui mentions a Tradition in Haqiqatul Fiqh, on the authority of Jame Us Sagheer, that the Holy Prophet (Sallallahu alaihi wa sallam) said, “Every thing has its mainstay, and the mainstay of this religion is Fiqh (Jurisprudence) one Faqih (Jurisprudent) is harder on Satan than a 1000 worshippers (A’abid). Following the rules, which have been formulated by the Jurisprudents and the Legislators (Mujtahidin), is to follow the Holy Quran and the Hadith itself. When anyone assumes these rules, he/she is said to be following these personalities (Taqlid) and this Taqlid is to follow the Holy Quran and the Hadith and this following means that these personalities have extracted rules from the Holy Quran and the Hadith, even though we may not know the basis of such extraction. To know the basis of such extraction is not even necessary. Consequently, the stalwarts of every age have accepted any one of the 4 Imams as the greatest Jurisprudents and have followed the rules extracted by them. There are many verses in the Holy Quran and in the Hadith, which talk about Taqlid. The insinuations of the dissenters betray their own lack of understanding, otherwise nobody assumes that the legislators have ruled thus out of their own personal preferences. They in fact, have extracted and formulated rules from the Holy Quran and the Hadith. If before objecting, the ‘non-followers’ (Ghair Muqallidin- those who refuse to follow any of the Imams) consider this, then I think no objection will remain, but what to say about false assumptions, 'Surah Hujuraat-12 There are 2 kinds of Taqleed- 1. Taqleed Mutlaq i.e. Open-ended following. 2. Taqleed Shaqsi i.e. Particular following Taqleed Mutlaq is to follow any of the Imams, as the need arises. Taqleed Shaqsi is to follow one particular Imam in all the affairs of life. Evidence of Following. Allah SWT orders Surah Nisa-59 Translation, “O believers, follow Allah SWT, follow the Holy Prophet (Sallallahu alaihi wa sallam) and follow the leaders Here ‘leaders’ means the Imams and the Legislators, as has been said by Hazrat Abdullah bin Abbas, Jabir bin Abdullah, Hasan Basri, Ata bin Abi Rabah, Ata bin saib, Abul A’aliyya (May Allah be well pleased with them). This verse allows establishes the compulsory nature of Taqleed. Surah Nahl-43 Imam Jalaluddin Suyuti, in Durr al Manthoor, in the exegesis of this verse deduces from a Hadith that ‘leaders’ means the Imams of the age. Hazrat Abu Najeeh (Rahimahullah) narrates on the authority of the great Tabie Imam Mujahid that ‘Leaders’ means the men of discernment (tafqa), intellect and understanding i.e. Jurisprudents. The teacher of Imam Bukhari’s teachers, Imam Abdur Razzaq writes in his collection of Tafseer, “’Leaders’ means the Jurisprudents and the scholars. Imam Abu Jafar Tabari writes in Jame Ul Bayan, fi tafseer il Quran on the authority of Hazrat Abdullah bin Abbas, Jabir bin Abdullah, Hasan Basri, Ata bin saib, Abul A’aliyya That ‘Leaders’ means the Jurisprudents and the scholars. The author of Tafseer Kabeer, Imam Razi writes on the authority of Hazrat Abdullah bin Abbas, Hazrat Hasan Basri, Imam Mujahed and Imam Zahhak (Rahimahullah) that ‘..’ means the scholars who teach the rules of Shariah and instruct the people in matters of religion. He also says that there is no disagreement over this, that a group of the Companions (Sahabah) and the tabien (Successors) that ‘Leaders’means scholars. Imam Ibn E Katheer, whose opinion is considered by the ‘non-followers’ as the final word, writes in Tafseer e Katheer: The Leaders meant here are the Jurisprudents (Fuqaha) and this is also the opinion of Imam Mujahid, Imam ‘Ata, Hadhrat Hasan Basri, Hadhrat Abu Ya’ala (May Allah shower their Mercy on them) that leaders mean the Scholars and the Fuqaha. In the Traditions also, the compulsory nature of Taqleed is well established. A few among them are being presented here. There is a Tradition in Sahih Bukhari, Vol 1, p. g no. 99, the Holy Prophet (Sallallahu alaihi wa sallam) says, …. Hafidh Ibn E Hajar Asqalani writes in the interpretation of this Hadith, 'You learn the rules of the Shariah from Me, so that those who come after you can learn from you, and in the same way those who come after them, till the end of the world learn from one another. There is a Tradition in Sahih Bukhari on the authority of Hadhrat Akramah (May Allah be well pleased with him), that the people of Madinah asked Hadhrat Abdullah bin Abbas (May Allah be well pleased with him) about the woman who started menstruating after the Tawaf Afadha. Hadhrat Abdullah bin Abbas (May Allah be well pleased with him) said that she can go without the Tawaf e Wada’a. The pepole of Madinah said, 'We will not abandon the opinion of Hadhrat Zaid bin Thabit to follow your opinion.' This shows that the people of Madinah used to follow Hadhrat Zaid particularly (Taqleed shaksi). Hadhrat Ibn Abbas (May Allah be well pleased with him) did not chastise them that, 'You have committed a mistake by taking Hadhrat Zaid as your Imam.' There is a lengthy Tradition in Sahih Bukhari, The Book of Obligations (Kitaab Ul Faraaidh). The summary of which is that Hadhrat Abu Moosa Asha’ari (May Allah be well pleased with him) was asked something. He replied,and said 'Ask Abdullah Bin Maso’od (May Allah be well pleased with him) also. After asking Hadhrat Abdullah bin Maso’od people conveyed his reply to Hadhrat Abu Moosa Asha’ari (May Allah be well pleased with him). He said, 'Do not ask me anything till you have this erudite scholar among you.' This shows that he instructed the people to follow Hadhrat Abdullah bin Maso’od (May Allah be well pleased with him) in everything. This is what is called Taqleed Shaksi. There is a Tradition in Tirmidhi shareef, Ibn Majah shareef that the Holy Prophet (Sallallahu alaihi wa sallam) said, After Me, follow the 2, i.e. Abu Bakr and ‘Umar (May Allah be well pleased with them). Here it is not said that you ask the evidence of every ruling. This is what is Taqleed Shaqsi. Also, the Holy Prophet (Sallallahu alaihi wa sallam) appointed and sent the Sahabah as teachers to many places. Is this not Taqleed Shaqsi? Therefore there are many examples of Taqleed Mutlaq and Taqleed shaqsi in the eras of the Holy Prophet (Sallallahu alaihi wa sallam) and the Sahabah and in the Best Era (khair Ul Quroon) both the methods were used. Then because of separation from the Prophet (Sallallahu alaihi wa sallam), when the fear of Allah SWT and His Prophet (Sallallahu alaihi wa sallam) and the regard for the rules of the Shariah waned and selfishness took control, then the scholars, jurisprudents, Ahl Allah diagnosed this condition and entered Taqlees Shaqsi among the Wajib (compulsory) against this as a great corruption. Shaykh Ibn E Taimiya, whom the non-followers consider as their Imam has ruled going against Taqleed Shaqsi as incorrect in his Fatawa. He writes, “ People follow some. He again writes in his Fatawa, Vol 2, pg no. 24., ' The person who cannot know the rules of the Shariah and follows a particular scholar, without knowing that there is another opinion more preferable than this, that person is to be praised.. He will be rewarded. Neither will he condemned, nor will he punished.' His famous student Ibn e Qayyim Al Jawzi,, writes in A’alaam Ul Mauqae’een, 'Unless the qualifications of Ijtihad (legislation) are not seen in a person, it is not permissible for him to extract rules from the Holy Quran and the Hadith.' These lines establish the compulsory nature of Taqleed. Now, the question is that there have been many Legislators (mujtahidin), so, why follow the 4 Imams only? The detailed manner in which the rules extracted by the 4 Imams are available to us, chapter wise and in extreme detail, the rules extracted by the other Imams are not available in the same manner. So why follow the other Mujtahidin? Except the 4 Imams, all other true schools of Jurisprudence have ceased to exist. For this reason, it is the consensus of the whole Ummah that to follow any of the 4 Imams is to follow the Sawaad-e-A’adham i.e to follow the Ahle Sunnatul Jama’at. And to abandon them is to abandon the Sawaad-e-A’adham, as Hadhrat Shah Waliullah (May Allah shower His mercy on him) as written in :'Uqd al Jayyid fil ahkaam il ijtihad wa taqleed'

Dr. Mufti Syed Ziauddin Naqshbandi Mujaddidi Qadri

Shaykh Ul Fiqh, Jamia Nizamia; Founder - Director

Mufti Maulana Syed Zia Uddin Naqshbandi Quadri

Shaik-ul-Fiqh - Jamia Nizamia

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TAQLEED