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Understanding Taqleed.

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    Understanding Taqleed.

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    (The necessity of Taqleed from the Shari’ point of view)
    By a student of Darul Uloom, Holcombe, Bury, U.K.

    Introduction:


    Question: Some people say that Taqleed (Adherence to a madhab of an Imaam) is haraam in the Shari’ah. They insist that a true Muslim should only follow the Qur'aan and Sunnah, and they say that it is equivalent to shirk (polytheism) to follow an Imaam in matters of Shar’iah. They also claim that the Hanafi, Shaaf’i, Maliki and Hanbali schools were formed some two hundred years after the Holy Prophet sallallahu alaihe wasallam, therefore they are bid’ah (an innovation not approved in the Qur’an and Sunnah). They also stress that a Muslim should seek guidance directly form the Qur’an and Sunnah, and that no intervention of an Imaam is needed to practice upon the Shari’ah. Please explain to what extent this view is correct?

    The answer to the above mentioned question follows and among the first things to be determined is what is Taqleed.

    Definition of Taqleed:

    Literal: Taqleed is a verbal noun of the root ‘Qa' 'la' 'da’ in the second form. The verb Qalada means to place, to gird or to adorn with a necklace. When used in conjunction with human beings, it refers to the wearing of a necklace, pendant or any other such similar ornament.

    Technical: The acceptance of a statement of another without demanding proof or evidence on the belief that the statement is being made in accordance with fact and proof, is called Taqleed, or, for the purist, Taqleed-ush-shakhsi.

    Taqleed – A Qur’aanic Command:

    The basis for Taqleed is a Qur’aanic command.

    "And, ask the People of Knowledge if you do not know."

    Thus the general principle of Taqleed is enshrined in the Qur’aan Majeed. Denial of this principle is, therefore, an act of kufr which expels the denier from the fold of Islam.

    Daleel (proof) of Taqleed:

    Aswad bin Yazid narrates, "Mu'aath came to us in Yemen as a teacher and commander. We questioned him regarding a man who had died leaving (as his heirs) a brother and sister. He decreed half the estate for the daughter and half for the sister. This was while the Rasulullah sallallahu alaihe wasallam was alive."
    [Kitaabul Faraa-idh: Bukhari and Muslim Shareef]


    It will be realised from this Hadith Shareef that Taqleed was in vogue during the time of the Prophet sallallahu alaihe wasallam. The questioner (in the Hadith) did not demand proof or basis for the decree. He accepted the ruling, relying on the integrity, piety and up-righteousness of Hazrat Mu,aath radiyallahu anhu. This is precisely Taqleed.

    Secondly Rasulullah sallallahu alaihe wasallam did not criticise or reject the people of his age, who followed Hazrat Mu-aath radiyallahu anhu, nor has any rejection or difference on the issue been narrated by anyone else. The permissibility and validity of Taqleed are therefore evident, especially so because of it’s prevalence in the glorious time of Rasulullah sallallahu alaihe wasallam.

    This Hadith further furnishes proof for the concept of Taqleed-us-Shakhsi. Rasulullah sallallahu alaihe wasallam had appointed Hazrat Mu-aath radiyallahu anhu to provide religious instruction to the people of Yemen. It is, hence, evident and certain that Rasulullah sallallahu alaihe wasallam granted the people of Yemen the right and permission to refer to Hazrat Mu-aath radiyallahu anhu in all affairs of Deen.

    Huthail bin Shurgbeel said, ‘Abu Musa was questioned, then Ibn Masiud was questioned. Ibn Mas’ud was informed of Abu Musa’s statement. Ibn Mas’ud differed with it. Thereafter Abu Musa was informed (of his difference). He then said: "Do not ask me as long as this Aalim of deen is among you."

    It will be understood that Abu Musa radiyallahu anhu in directing the people towards Ibn Mas’ud radiyallahu anhu by his command, "Do not ask me as long as this Aalim of Deen is among you," was mandatory regarding all matters of Deen. This, in fact, is Taqleed-us-Shaksi which means to refer every religious question to a particular Aalim because of some determining factor, and to act according to his verdict.

    These Ahaadith indicate that ‘Taqleed-us-Shakhsi’ is not a new concept which can refuted. Its existence is from the very epoch of Khairul Qurun (the three eras adjacent to the age of Rasulullah sallallahu alaihe wasallam is an established fact).

    Taqleed in General:

    The faculty of Taqleed is inherently existent in us. If we had refrained from the Taqleed of our parents and teachers then today we would have been deprived of even the basic and preliminary needs of humanity. By nature man is endowed with the ability to imitate and follow others. If this was not the case, we would not have been able to learn our home language. If we had refused to accept unquestioningly (without demanding proof) every command, beck and call of our teachers, then we would have been ignorant of even the alphabet of a language, let alone the study and writing of our books. Our whole life – every facet of it, eating, drinking, donning garments, walking, earning, etc., is connected with this very concept of Taqleed.

    If the fundamentals and technical terminology of every branch of knowledge was not acquired on the basis of Taqleed, i.e. without questioning the authority of the masters, then the proficiency in such knowledge could not have been attained.

    The Necessity of Taqleed:

    There are two types of wujoob (compulsory nature of something) in jurisprudence: 1) wujoob biz zaat 2) wujoob bil ghair.

    1) Wujoob biz zaat means compulsory in itself, for example the commission or omission brings about the compulsion, as the commission of salaah and the commission of polytheism etc.

    2) Wujoob bil ghair – these are such acts which are not normally compulsory in themselves, but they constitute the basis for actions commanded in the Qur’aan and hadith and normally it is not possible to execute the commanded practises without also executing their basis. Therefore, wujoob bil ghair means compulsory by virtue of an external factor. It is from here we derived the universal rule, ‘ the basis of a wajib is also wajib’ and this is the exact rule which governs the compulsory nature of Taqleed ush Shakhsi.

    Evils of Discarding Taqleed:

    It is established by observation and experience that in this age most people are governed by selfishness, baneful motives, lust, insincerity, mischief, strife, anarchy, opposition to the consensus of the Ahdul-Haq, and subjection of the Deen to desire. This is manifest and self-evident. The Ahadith on fitan (strife) have forewarned us of the rise of these baneful traits in man. The Ulama are well aware of this. It is for this reason (baneful traits) that in the absence of Taqleed-us-Shakhsi, great harm, mischief, disruption and corruption will reign in the Deen. One of the destructive evils which will raise its head in the absence of Taqleed-us-Shakhsi is self- appointed Mujtahids. Some persons will consider themselves to be Mujtahids and embark on the process of Qiyas (Shar’i analogical reasoning) and they will consider themselves to be of equal or greater rank than the illustrious Mujtahideen of the early ages of Islam. The previous Mujtahideen have reliably stated that some laws are Mu’all’al (based on certain causes). Citing this some modernists have claimed that the command of wudhu for salaah is mu’all’al, it being the consequence of the early Arabs being camel-herds and goatherds. Since their occupation of tending animals exposed them constantly to impurities, the command of wudhu was formulated. On this basis they claim that since people of the present time live in environments and occupations of greater hygienic conditions, wudhu is no longer necessary for salaah. They conclude thus, the permissibility of salaah without wudhu.

    Similarly, it is claimed (by such self-styled mujtahids) that the wujub of witnesses in the Nikah ceremony is mu’all’al, the need of witnesses being occasioned by the occurrence of a dispute which may arrive in the future. The presence of witnesses will facilitate the resolving of disputes between the contending marriage parties. On this basis they conclude that where there exists no danger of dispute, the Nikah will be valid without witnesses.

    Another evil resulting from the discarding of Taqleed us Shukhsi is to practice in accordance if the esoteric (zahir) façade of certain Ahaadith whereas such a practice is certainly not lawful. Since the discarder of Taqleed-us-Shakhsi sees himself unchecked and unfettered he follows the dictates of his nafs. An example of this type of Hadith is as follows:

    "Rasulullah sallallahu alaihe wasallam performed Zuhr and Asr together and Maghrib and Isha together without (the expediency) of fear and journey.
    [Muslim Shareef]

    At face value the Hadith indicates the permissibility of performing Zuhr and Asr as well as Maghrib and Isha even if there exists no valid reason for this practice.

    But, without any doubt, the unification of salaah without reason is not held permissible by any authority. The correct meaning of the hadith is arrived at by ta’weel (interpretation) via the faculty of Ijtihaad. Practice in accordance with the mere façade of the words used in such cases will result in an opposition to Ijma (consensus of the Ummat), and such conflict is Haraam.

    The summary of what has been said is; Taqleed-us-Shakhsi is the basis for a wajib aspect (viz., acting in accordance with the commands of the Shariah) and the basis of a Wajib is also Wajib, hence Taqleed-us-Shakhsi is likewise Wajib.

    One who has discarded Taqleed, even if he does not resort to Ijtihaad himself, nor follows the meaning conveyed superficially by the words, will, in difficult Masa’il accept the verdict of any authority. He will at times follow one Imaam and at other, another. In this way he will sometimes practice in opposition to Ijma, and on occasions, even if the result is not in conflict with Ijma he will resort to the verdict which appeals to his whims and fancies and by means of which worldly motives are available. Thus, he will submit the Deen to the dictates of the nafs. We seek Allah's protection from such deviation.

    Taqleed Restricted To The Four Madhaa’hib:

    There are numerous Mujtahideen. It may therefore be argued that Taqleed of any Mujtahid should suffice. What is the reason for restricting Taqleed to the four Madhaa’hib?

    It was realised from the exposition of the wujub of Taqleed that adoption of different verdicts leads to anarchy. It is therefore imperative to make Taqleed of a Madhab which has been so formulated and arranged in regard to principles (Usul) and details (Furu) that answers to all questions could be obtained either in specific form or in deducted form based on principles, thereby obviating the need to refer to an external source. This all-embracing quality by an act of Allah Ta’aala is found existing in only the four Madhaa'hib. It is therefore imperative to adopt one of the four Madhaa'hib’. This has been the accepted practice coming down the ages from the early times in an unbroken chain of transmission, from generation to generation.

    The emphasis on this aspect of Taqleed is so profound that certain Ulama have restricted the Ahle-Sunnah wal jama within the confines of the Four Madhahib

    A Baseless Question:

    The anti-Taqleed lobby attempts to hoodwink unwary Muslims by asking the question: " Did the Madh’habs exist during the time of Rasulullah sallallahu alaihe wasallam and the Sahaabah?

    In response it could be asked: Did Bukhari Shareef exist in the time of Rasulullah sallallahu alaihe wasallam. Did the Qur'aan (in the form we have it) exist during the time of Rasulullah sallallahu alaihe wasallam)? If they respond by saying "Yes", then we to shall retort that the Madh’habs did exists in the time of Rasulullah sallallahu alaihe wasallam.

    In fact, this very question posed by deviants', exhibits either their gross ignorance or their deliberate to hoodwink the unwary. If the madhab did not exist during the time of Rasulullah sallallahu alaihe wasallam and the Sahaabah, the logical conclusion is that the entire Shar'iah which the illustrious Imaam have expounded is not the Shar'iah taught Rasulullah sallallahu alaihe wasallam and the Sahaabah. But, this is absurd and preposterous.

    The madhab of all the teaching of the Madhabs are in fact the teachings of the Qur’aan and the Sunnah. Nothing in the Madhabs conflicts with the Qur’aan and Hadith. The different ways methods of Ibaadat, etc., which the Madhabs are applying, are the ways and methods of the Sahaabah which they had acquired from Rasulullah sallallahu alaihe wasallam. The differences were inherited from the Sahaabah and such differences are by Divine Decree, hence Rasulullah sallallahu alaihe wasallam said:

    "The differences of my Ummat is a Rahmat".

    Whether anyone understands this fact that, ‘Rahmat’ (Mercy) is emanating out of the authoritative differences of the Fuqahah of the Ummat is of no substance. The fact that Rasulullah sallallahu alaihe wasallam proclaimed such differences to be the effects of Allah’s mercy is sufficient. Thus, there is nothing detestable in the differences prevailing among the Madhabs. These valid and authentic differences do not bring about disunity, as is stupidly asserted by the modernist deviants'. The ignorance of people and their desires are the causes of disunity.

    While the terms, Hanafi, Shaaf'i, etc. did not exist in the time of Rasulullah sallallahu alaihe wasallam and the Sahaabah, the teachings of these Madhabs, all had existed. While Bukhari Shareef did not exist, the Ahaadith contained in the book did exist. It is, therefore, stupid to pose the question of the Madhabs during the time of Rasulullah sallallahu alaihe wasallam. There is unity in this diversity. Deen is the product of wahi, not the result of man’s desires. Since the hawa (desire) cannot find free-play within the chains of Taqleed the aim of the deviates is to refute the concept of Taqleed. But, breaking the chains of Taqleed is to enchain oneself with the shackles of the nafs.

    Why Is It Necessary To Make Taqleed Of Only One Imaan (Taqleed-us-Shakhsi):

    The question arises, Why is it necessary to follow one Imaam only? What is wrong if one mas’ala is taken from one Imaam and another from another Imaam, as was done in the time of the Sahaabah radiyallahu anhum and Tabe’ien. In those times the whole Madhab was not confined to one person. The answer is that in those times good was prevalent. Generally the lowly desires did not have any matters in the matters of Deen. Whoever used to refer to any of his elders regarding any mas’ala, used to do so sincerely and he also used to act upon the verdict given to him whether it be to his benefit and desires or not. Later sincerity to that degree and piety did not remain amongst the people. Such urge was present in people to ask one Aalim a mas’ala, if it did not suit them, then they referred that mas’ala to another Aalim until they found a verdict that suited their desires. Gradually, for every mas’ala they had the urge to look for a suitable reply. It is obvious that such people are not seeking the truth. Sometimes the consequences is very serious, e.g. a person in the state of wudhu touches his wife. A person following the Shaaf'i madhab tells him that "Your wudhu is broken, therefore remake your wudhu". He replies "No, I am a muqalid of Imaam Abu Hanifa Rahmatullahi alaihe; according to him this does not cause the wudhu to break. I can read salaah with the wudhu. Then the person vomits a mouthful, a person following the Hanafi madhab advises him to make wudhu as his wudhu has broken, according to Imaam Abu Hanifa Rahmatullahi alaihe; this person replies that I am making Taqleed of Imaam Sha’fi Rahmatullahi alaihe, (in this mas’ala) and according to Imaam Shaaf'i Rahmatullahi alaihe vomiting does not cause the wudhu to break. A person can read salaah with such a wudhu. If this person reads his salaah with this wudhu then his salaah will not be valid according to Imaam Sha’fi Rahmatullahi alaihe and not according to Imaam Abu Hanifa Rahmatullahi alaihe. This is called talfeeq and there is ijma and consensus of opinion that talfeeq is ba’til and impermissible. In reality by doing this a person does not make taqleed of Imaam Shaaf'i Rahmatullahi alaihe or Imaam Abu Hanifa Rahmatullahi alaihe, but he is following his desires, and the Shariah has prohibited us from following our desires. Its result is going astray from the path of Allah Taa’la.

    Allah Taa’la says in Surah Hud Ayaat 26:

    ‘And do not follow your desires (in future too) for it will lead you astray from the path of Allah.’

    Therefore it is Necessary to make Taqleed of one Imaam only.

    It is for this reason that the Qur’aan-e-Kareem has commended adherence towards Allah (repeatedly). Allah Ta'aala says:

    "And follow the way of that person that person who turns towards me."

    Generally someone feels according to his strong presumption that Imaam Abu Hanifa Rahmatullahi alaihe is most probably correct and munib (has the quality of ibaadat), that is, his Ijtihaad conforms more with the Qur'aan and Hadith. That is why he has opted to make Taqleed of Imaam Abu Hanifa Rahmatullahi alaihe. Another person has this strong feeling that Imaam Maalik Rahmatullahi alaihe ijtihaad conforms with the Qur’aan and Hadith, therefore, he makes Taqleed of Imaam Maalik Rahmatullahi alaihe. Someone has this feeling regarding Imaam Shaaf'i Rahmatullahi alaihe ijtihaad, that is why he makes Imaam Shaaf'i Rahmatullahi alaihe taqleed and someone for this very reason makes taqleed of Imaam Ahmed bin Hanbal Rahmatullahi alaihe.

    Talfeeq And Changing Madhabs Is Not Permissible:

    It is not permissible to leave taqleed made upon one Imaam and follow another Imaam when one wishes. When this is done without permission from the Shariah it leads to talfeeq, it also causes one to follow one’s desires resulting in going far away from the truth and being led astray.

    Madhab Of The Convert:

    What is the hukm (law) for a convert to Islam or for one who wishes to switch from his state of non-taqleed to taqleed? Which Madhab does he have to follow?

    If such a person lives in a place where a particular Madhab is dominant, then he should follow the Madhab by virtue of its dominance. If he happens to be in a place where several madhaa’hib are in operation on a more or less equivalent basis, then he will be free to choose any Madhab acceptable to him. However, once the choice is made he will be obliged to remain steadfast on the Madhab of his choice.

    In cases where it is difficult to act in accordance with one’s Madhab due to a dearth of Ulama of one’s Madhab; moreover for the one who is not an Aalim, it will be permissible, in fact compulsory, to adopt the Madhab which happens to be predominant in the place where one happens to be. For a person in such circumstances Taqleed-us-Shakhsi of his former Madhab will not be compulsory. He will be obliged to choose from the four madhaaib the madhab which is dominant in his particular circumstance. However, such cases are rare. The general rule in force is the wujub of Taqleed-us-Shakhsi.

    The Disease Of Admut-Taqleed:

    Admut-taqleed (abandonment of taqleed) is a disease spread by Shaitaan’. Shaitaan’s plot is always to destroy the Deen and the best and the most effective way to achieve this evil aim is to negate the concept of taqleed. The Sunnah is inextricably interwoven into the fabric of taqleed. Once a man abandons taqleed of the Madhabs he is left with no guidance other than the deviation of his nafs. While he pretends to possess the ability to formulate the Shari'ah directly from the Qur’aan and Hadith, he can venture no further than picking and choosing from the various opinions and rulings of the illustrious Imaams. In so doing, he follows the base desires of his nafs.

    Once the authority of the Aimmah-e-Mujtahideen has been shrugged off, the Muslim is cut off from his Imaani moorings. He will then drift in the ocean of deception and desire which shaitaan has prepared for him. Admut-taqleed is thus a fatal spiritual disease which can lead to the destruction of one’s Imaan.

    The Sunnah:

    In the present time the Ahlus Sunnah Wal Jama’ah is confined to the four Madhabs. Whoever searches for the path of the Sunnah beyond the confines of the four Madhabs will deviate in to Baa’til. Since every teaching of the four Madhabs is the Qur’aan and the Sunnah, deviation therefrom is to deviate from the Sunnah. Those who deviate from the Sunnah are destined for Jahannum according to the explicit pronouncement of Rasulullah sallallahu alaihe wasallam who said:

    "Bani Israael split into seventy-two sects. My Ummat will split into seventy-three sects. All of which, save one, will be in the fire"

    When he was asked regarding the sects which will be saved from the fire Rasulullah sallallahu alaihe wasallam said:

    "That path on which I and my Sahaabah are."

    Salvation (Najaat) in the Hereafter (Aakhirah) therefore depends on donning the mantle of Taqleed. We should strive to ensure our safety from the ingeniously subtle designs of Shaitaan to drag us with him into eternal punishment.

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    Re: Understanding Taqleed.

    The second question from Fatwaa # 11296 Q) What is the true meaning of taqleed and what are its categories along with the clarification of its ruling?
    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.


    To proceed:


    a) The scholars of Usool (fundamentals) have mentioned definitions to clarify the true meaning and essence of taqlid, and from them is the saying of some of them that taqlid is the acceptance of a saying of a person without him knowing its evidence. And some of them [the scholars] held the view that taqlid is the acceptance of the saying of a person without argument. And Abu Ma'aali al-Juwayni chose the definition of taqlid that it is the following of one whose following is not based on proof and does not rely upon knowledge. And these definitions of the scholars of Usool, which are all close in meaning, have in it differences [in wording] which originate in the skill of enunciation, but the point here is to clarify the essence of taqlid in the manner of approximation.
    b) And as for its categories along with the ruling of every category, then it is as follows:
    1) Taqlid by the one who has the skills of ijtihad, to others from the scholars after the truth has been made clear to him with confirmed evidences from the Prophet (s).
    This is not permissible for him to do taqlid to what contradicts that which reached him from evidences and ijma' (consensus).


    2) Taqlid by the one who has been endowed the skill of ijtihaad, to one other than him from the mujtahideen before he reaches a ruling with his [own] ijtihaad.
    Then it is not allowed for him to do taqlid to others.


    [This is what] as-Shaafi'i, Ahmad, and others, Allah have mercy on them, held as their opinion, and is more correct, due to his ability to arrive at a ruling by himself. He is responsible for ijtihaad to know what the shari'ah has made him liable for because of His saying, the Most High, "So have taqwa of Allah as much as you are able," and what has been confirmed from the saying of the Prophet(s), "When I command you by a command, then follow it as much as you are able."


    3) Taqlid of the one who is not able to research the evidences and derive rulings from it, to a scholar who has been endowed the skill of ijtihaad in the evidences of the shari'ah.
    This is permissible, due to His saying, the Most High, "Allah does not burden a soul more than it can bear," and His saying, the Exalted, "Then ask the people of remembrance [scholars] if you do not know," and other texts similar to these, which point to the removing of difficulty and the protection of the one responsible, from straying about in the rulings and speaking about Allah without knowledge.
    4) The taqlid to the one who differs with the shari'ah of Islam from the forefathers, leaders, and rulers, due to nationalism or following desires.


    This is prohibited by ijma'. And verily many texts from the Qur'aan and Sunnah have been mentioned [in this]. And Allah, the Most High said, "And when it is said to them: 'Follow what Allah has sent down.' They say: 'Rather we shall follow what we found our fathers following,' even though their fathers did not understand anything nor were they guided."[Baqarah:170] And Allah, the Most High said, "But no, by your Lord, they can not have faith until they make you judge in all disputes between them, and they find in themselves no resistance against your decisions, and accept with full submission." And Allah, The Most High said, "And it is not for a believer, man or woman, when Allah and His messenger have decreed a matter that they should have any option in their decision." [al-Ahzaab:36] And the Most High said, "And let those who oppose his [the Messenger's] commandment beware, lest some trials should befall on them or a painful torment be afflicted on them."[Noor:63] And the Most High said, "Say If you [indeed] love Allah, then follow me, Allah will love you and forgive you your sins."[Aali Imraan:31] And the Most High said, "Verily Allah has cursed the disbelievers and prepared for them a flaming fire. They will abide in it forever, they will find no protector nor helper. On the day when their faces will be turned over in the Fire, they will say: 'Oh would that we had obeyed Allah and obeyed the Messenger. And they will say: 'Our Lord! Verily we obeyed our chiefs and our great ones, and they misled us from the right way. Our Lord! Give them double torment and curse them witht a mighty curse!" [al-Ahzaab:64-68]


    Q) There are some that say that taqlid is disbelief (kufr) without exception and sinfulness (fisq) and association (shirk), and attribute disbelief (kufr) and misguidance to the four imaams. So what is the ruling concerning such a person. They [also] say that this is the opinion of the scholars of the two sanctuaries [Masjid al-Haraam and Masjid an-Nabawi], the Saudi Kingdom, and Kuwait.

    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
    To proceed:


    a) Not all taqlid is kufr without exception or fisq or shirk, rather the truth is that its ruling requires explanation, which can be found out from the answer to the second question from what has preceded.


    b) Not one of the four imaams called to their mathhab, nor were fanatic about it, nor did they require the people to act upon it or any [other] mathhab in particular. But they only called to act upon the Book and the Sunnah, may Allah have mercy on them. They explained the texts of the religion, made clear its principles and what stems from them, and they gave verdicts (fatawaa) in what was asked [of them] with evidences from the Book and the Sunnah, without requiring their students or others with the opinion of any one in particular from the scholars of the ummah. Rather they censured that, and they ordered to throw their opinions against the wall if it differed with a authentic (saheeh) hadith. And one of them said, "If a hadith is proved to be authentic, then it is my mathhab." And it is upon a Muslim to strive to know the truth by themselves if he is able to do that, and to seek help from Allah, then from the wealth of knowledge that the predecessors from the Muslim scholars have left for the ones after them, and that which is easy for them in the path to the understanding of the texts and its application. And whoever is not able to understand the rulings from its evidences and its derivations for a matter, he is to ask the poeple of knowledge trustworthy to him about what he needs from the rulings of shari'ah, seeking to know the truth with its evidences as much as is able, due the Most High saying, "Then ask those of the remembrance [scholars] if you do not know." And upon him is for him to inquire who he trusts from those who are known for their knowledge, merit, piety, and righteousness. And from this is known that the four imaams are free from those who [overly] concern with it [mathhabs] and about those who attribute to them kufr, misguidance, falsehhod and lies.


    There is not anyone from the scholars of the two sanctuaries, Makkah or Medinah, nor from the rest of the scholars of the Saudi Kingdom who criticize the imaams of fiqh, Malik, Abu Hanifah, ash-Shaafi'i, Ahmad ibn Hanbal, and those of their likes from the scholars of Islamic fiqh, or who thinks little of them. Rather, it is known from them that they honor them and acknowledge their merit. And [they know] that they led the way for truth in the service to Islam, its protection, and the comprhension of its texts, its principles and clarifying them, its conveyance, their jihad in aiding it, defending it, warding off the doubts from it, and in falsifying the claims of those who falsely ascribe to it and the innovations of the liars, so may Allah reward them from Islam and the Muslims a good reward.


    And what gives evidence to the position of the scholars of the two sanctuaries and the rest of the scholars of the Saudi Kingdom towards the four imaams of honoring and valueing their concern, is the teaching of their mathhabs and their works in Masjid al-Haraam in Makkah al-Mushrifah, al-Madinah al-Munawwarah, the rest of the masjids of the Saudi Kingdom, and in its universities, and their concern of publishing many of their books and its distribution and spreading among the Muslims in all the countries which Muslims are in.


    And from Allah is tawfeeq, and may the Peace and Blessings of Allah be on His messenger, his family, and his companions.


    The Standing Committee for Islamic Research and Ifta:
    Member: Abdullah bin Ghudayaan
    Vice President: AbdurRazaaq Afifi
    President: Abdul-Aziz bin baz

    The following is a translation from Majallat al Buhooth al-Islamiah, #51 Rabi' al Awal-Jumadi al-Aakhar, 1418h.
    From fatwa number 4272


    Q)The fourth question: We see that imaams, all of them, are on a mathhab that differs from the other, and most of the time the matter ends up in a battle between them that leads to some of the praying people to leave the prayer. So we need a clear sufficient answer on this subject. Are we to follow one school of thought (mathhab), and how do we reconcile between the schools of thought so that we can settle this matter?

    All praise is for Allah alone, and may the peace and blessings be on His messenger and his family, and his companions, to proceed:


    A) The difference that is present in the branches of fiqh between the four mathhabs returns to the causes of it, e.g. a hadith being authentic with some [imams] and not others, or the attainment of a hadith by one [imam] and not others, and [reasons] other than those from the causes of difference.


    So it is obligatory on a Muslim to have good thoughts about them, and every one of them is a Mujtahid in what originated from him from fiqh, searching for truth. So if it [the ijtihaad] was correct, then for him is two rewards: a reward for his ijtihad, and a reward for it being correct. And if it was incorrect, then there is a reward for his ijtihad, and the wrong [ijtihaad] is looked over.


    And as for blindly following (taqleed) these four imams, whoever is able to take the truth with its evidences, it is obligatory on him to take with evidences. And if he is not able, then he does taqleed of the most trustworthy of the people of knowledge with him as much as he is able. And these differences are in the branches [of fiqh] and does not entail the prohibition of those who differ to pray behind each other, but it is obligatory to pray behind each other, for verily the companions (sahabah), Allah be pleased with them , differed in matters in the branches and they [still] prayed behind each other, and like that, the tabi'een and those who followed them in righteousness.
    And from Allah is tawfeeq, and may the Peace and Blessings of Allah be on His messenger, his family, and his companions.
    The Standing Committee for Islamic Research and ifta:
    Member: Abdullah bin Qu'ud
    Member: Abdullah bin Ghudayaa
    Vice President: AbdurRazaaq Afifi
    President: Abdul-Aziz bin Baz



    The following is a translation taken from:
    "The Fatawaa of The Standing Committee for Islamic Research and ifta (Fataawa al-Lajnat -ud-daaimah lil-buhuth al-Ilmiah wal-iftaa)", Volume 5: Fiqh and Tahaarah, Gathered and organized by Sheikh Ahmad bin abdur-Razaaq ad-Duwaish, Dar al-'Aasimah, 1413h.


    The fourth and fifith questions from fatwa # 4476


    Q) What is the ruling of the one who blindly follows [Imaam] Malik in his ijtihad, and leaves the Qur'an and the Hadith.

    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
    To proceed:


    Malik, May Allah have mercy on him, is an imaam from the imaams of knowledge; he his a human, he is incorrect [at times] and is correct [at times], and [some] is taken from his sayings and [some] is rejected. So what is in accordance with the truth from his sayings is accepted, and what is not in accordance with the truth is left. And a person, if he is able to take the rulings from the Qur'aan and the Sunnah, then is is not permissable for him to blindly follow any one, and if he is not able [to take the rulings from the Qur'aan and Sunnah] and something is ambiguous from the matters of his religion, then he is to ask the most trustworthy of the people of knowledge with him, and he is to act upon the answer, and Maalik and others are in that the same.


    Q) Why have the scholars of the [different] countries divided the shari'ah of the Prophet of Allah, Muhammed (S), into four: the schools of thoughts (mathaahib) of Maalik, Shaafi'i, Abu Hanifah, and Ahmah, besides the fact that the Religion of the Messenger (S) is one and the Qur'aan is one?

    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
    To proceed:


    The basis for legislation [of the religion] is the Qur'aan, and the Sunnah is a clarification for the Qur'an, and the four imaams, every one from them, Allah, the Exalted and Most High, granted them the guidance to understand the religion to the extent of what was made easy for them. And every one from them had students which related from them their fiqh and by this was the founding of the four mathhabs. And not all of what any one of them said the truth. but they are mujtahideen, and if it [the opinion] is correct, then for him is two rewrds, a reward for his ijtihad, and a reward for it [the opinion] being correct, and if he is incorrect, then for him is a reward for his ijtihad, and the incorrectness is looked over.


    And from Allah is tawfeeq, and may the Peace and Blessings of Allah be on His messenger, his family, and his companions.
    The Standing Committee for Islamic Research and Ifta:
    Member: Abdullah bin Qu'ud
    Member: Abdullah bin Ghudayaa
    Vice President: AbdurRazaaq Afifi
    President: Abdul-Aziz bin Baz

    The fourth question from fatwaa # 4172


    Q) What is the ruling for the blind following (taqlid)of the four schools of thought (mathaahib) and following their sayings in every situation and era?

    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
    To proceed:


    First: The four schools of thought (mathaahib) are ascribed to the four imaams; Imaam abu Hanifah, Imaam Maalik, Imaam Shaafi'i, Imaam Ahmad [ibn Hambal]. So the Hanafi mathhab in ascribed to abu Hanifah, and so on for the rest of the mathaahib.
    Second: These imaams took fiqh (jurisprudence) from the Book and the Sunnah and they were mujtahideen in that, and a mujtahid is either correct-- then for him is two rewards, a reward for his ijtihad, and a reward for it being correct, or [a mujtahid] is incorrect-- then he is rewarded for his ijtihaad, and is excused for the incorrectness.
    Third: The one who is able to derive from the Qur'aan and the Sunnah takes from them [the Qur'aan and Sunnah] like it was taken from them before, and it is not permitted for him to blindly follow other than what he believes to be true. But he should take what he believes to be true and it is permissable for him to do taqlid of in what he is incapable of and [what he] needs.


    Fourth: Who does not have the ability to derive [from the Qur'aan and Sunnah], it is permissable for him to blindly follow who he has confidence in doing taqlid to, and if there arises in himself a lack of confidence, he is to ask until [it] is obtained.
    Fifth: It is clear from what has preceded that their [the imaam's] sayings are not followed in every situatation and era, because they may have erred. But the truth is followed from their sayings which are bulit upon evidences.
    And from Allah is tawfeeq, and may the Peace and Blessings of Allah be on His messenger, his family, and his companions.


    The Standing Committee for Islamic Research and Ifta:
    Member: Abdullah bin Qu'ud
    Member: Abdullah bin Ghudayaa
    Vice President: AbdurRazaaq Afifi
    President: Abdul-Aziz bin Baz


    The following is a translation taken from:
    "The Fatawaa of The Standing Committee for Islamic Research and ifta (Fataawa al-Lajnat -ud-daaimah lil-buhuth al-Ilmiah wal-iftaa)", Volume 5: Fiqh and Tahaarah, Gathered and organized by Sheikh Ahmad bin abdur-Razaaq ad-Duwaish, Dar al-'Aasimah, 1413h.
    Fatwa # 5560


    Q) I am a student in the Teacher's Institute in Haa'il, and the Professor of Religion explained that it is imposible to bring together the method of the four imaams in the religion of Islam, for example in the method of salaat (prayer), wudoo', siyam, etc., in all which is obligatory upon us. The professor says that it is not possible to bring together the method of the four imaams in Islamic legislation. I ask from your emminence that you mention to us whether the professor was correct or [whether he] erred, and I ask that you send if there is a book about this problem.

    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
    To proceed:


    Indeed a Muslim is not asked to bring together the four mathhabs in his actions, but if he is able to derive the rulings [of Islam] by himself from the evidences, it is obligatory upon him to take what his apparent to him, and if he is not able to derive the rulings, he is to follow an imaam from the imaams of the Muslimeen, emulating them, as Allah, The Most High, says, "So have taqwa of Allah as much as you are able," and The Most High's saying, "Then ask the people of the remembrance [scholars] if you do not know."
    And from Allah is tawfeeq, and may the Peace and Blessings of Allah be on His messenger, his family, and his companions.


    The Standing Committee for Islamic Research and ifta:
    Member: Abdullah bin Qu'ud
    Member: Abdullah bin Ghudayaan
    Vice President: AbdurRazaaq Afifi
    President: Abdul-Aziz bin Baz



    The fourth question from fatwa # 2815


    Q) Indeed some people believe that is is obligatory upon a Muslim, in order to make correct their worship ('ibaadah) and dealings (mu'aamalah), that they follow one of the four known schools of thought (mathaahib), and that the mathhab of the Imamate Shi'ah and the Zaidi Shi'iah are not from amongst them. So do you agree, your excellence, with this opinion without exception and forbid the taqlid of the mathhab of the 12th imaam shi'ah [Ja'fari] for example?

    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
    To proceed:


    It is upon a Muslim to follow what came from Allah and His Messenger(s) if he is able to take the rulings by himself, and if he is not able [to do] that, he is to ask the people of knowledge in what is difficult for him from the matters of his deen, and ask the most knowledgeable who he can reach from the people of knowledge and ask them orally or by writing.


    And it is not permissable for a Mulsim to follow the mathhab of the Immamate Shi'ah, the Zaidi Shi'ah, nor what resembles them from the people of innovation (ahl-ul-bid'ah) like the Khawaarij, Mu'tazilah, Jahmiah, or others. And about attributing themselves to some of the four known mathaahib, then there is no harm in that if he is not fanatic to the mathhab that he is attributing himself to and he does not go against the evidences for its sake.


    And from Allah is tawfeeq, and may the Peace and Blessings of Allah be on His messenger, his family, and his companions.


    The Standing Committee for Islamic Research and ifta:
    Member: Abdullah bin Qu'ud
    Member: Abdullah bin Ghudayaan
    Vice President: AbdurRazaaq Afifi
    President: Abdul-Aziz bin Baz

    Question # 1 from Fatwa # 9783


    Q) Is it permissable to combine the four known mathaahib and to practice on it, instead of choosing the mathhab followed in a certain region?

    A) All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
    To proceed:

    The obligation on a Muslim is to follow the two revelations, the Book and the Sunnah, and what is inclusive from what is based on them, and that is if the person is from the people of knowledge. And if he is not, then he is to follow who is most trustworthy of those he knows from the people of knowledge.

    And from Allah is tawfeeq, and may the Peace and Blessings of Allah be on His messenger, his family, and his companions.
    The Standing Committee for Islamic Research and ifta:
    Member: Abdullah bin Ghudayaan
    President: Abdul-Aziz bin baz

    http://www.islaam.com/Article.aspx?id=275
    Last edited by sonz; 08-07-2006 at 10:26 AM.
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