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Introduction to Ahkam al-Qur’an <http://www.deoband.org/2011/12/quran/sciences-of-the-quran/introduction-to-ahkam-al-qur%e2%80%99an/>

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The Meaning of Jama‘ah <http://www.deoband.org/2013/08/hadith/hadith-commentary/the-meaning-of-jamaah/>

o Slavery in Islam <http://www.deoband.org/2013/01/hadith/hadith-commentary/slavery-in-islam/>

Slavery in Islam <http://www.deoband.org/2013/01/hadith/hadith-commentary/slavery-in-islam/>

o The Prohibition of Prostrating to Other than Allah <http://www.deoband.org/2011/07/aqida/deviant-beliefs/the-prohibition-of-prostrating-to-other-than-allah/>

The Prohibition of Prostrating to Other than Allah <http://www.deoband.org/2011/07/aqida/deviant-beliefs/the-prohibition-of-prostrating-to-other-than-allah/>

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Shiaism: A Brief Analysis <http://www.deoband.org/2013/09/aqida/prophets-angels-and-companions/shiaism-a-brief-analysis/>

o Analysis on the Dome of the Prophetic Rawdah <http://www.deoband.org/2013/03/aqida/prophets-angels-and-companions/analysis-on-the-dome-of-the-prophetic-rawdah/>

Analysis on the Dome of the Prophetic Rawdah <http://www.deoband.org/2013/03/aqida/prophets-angels-and-companions/analysis-on-the-dome-of-the-prophetic-rawdah/>

o The Peak of Comprehension on the Categories of Polytheism <http://www.deoband.org/2013/01/aqida/allah-and-his-attributes/the-peak-of-comprehension-on-the-categories-of-polytheism/>

The Peak of Comprehension on the Categories of Polytheism <http://www.deoband.org/2013/01/aqida/allah-and-his-attributes/the-peak-of-comprehension-on-the-categories-of-polytheism/>

o Allah and His Attributes <http://www.deoband.org/category/aqida/allah-and-his-attributes/> o Deviant Beliefs

<http://www.deoband.org/category/aqida/deviant-beliefs/> o Faith and Destiny <http://www.deoband.org/category/aqida/faith-and-destiny/> o Prophets, Angels and Companions <http://www.deoband.org/category/aqida/prophets-angels-and-companions/> o Qiyamah and the Hereafter <http://www.deoband.org/category/aqida/qiyamah-and-the-hereafter/> o Featured <http://www.deoband.org/category/featured/> * Fiqh <http://www.deoband.org/category/fiqh/> o Are Three Divorces Issued in One Sitting Counted as One? <http://www.deoband.org/2013/05/fiqh/divorce/are-three-divorces-issued-in-one-sitting-counted-as-one/>

Are Three Divorces Issued in One Sitting Counted as One? <http://www.deoband.org/2013/05/fiqh/divorce/are-three-divorces-issued-in-one-sitting-counted-as-one/>

o The Nature of Worship in Islam <http://www.deoband.org/2013/04/fiqh/salah-fiqh/the-nature-of-worship-in-islam/>

The Nature of Worship in Islam <http://www.deoband.org/2013/04/fiqh/salah-fiqh/the-nature-of-worship-in-islam/>

o An Introduction to Buying and Selling in Islam <http://www.deoband.org/2013/01/fiqh/business-and-trade/an-introduction-to-buying-and-selling-in-islam/>

An Introduction to Buying and Selling in Islam <http://www.deoband.org/2013/01/fiqh/business-and-trade/an-introduction-to-buying-and-selling-in-islam/>

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fiz-ibn-rajab-al-hanbali-and-sufism-part-one/>

Hafiz Ibn Rajab al-Hanbali and Sufism (Part One) <http://www.deoband.org/2012/12/tasawwuf/shariah-and-tariqah-tasawwuf/hafiz-ibn-rajab-al-hanbali-and-sufism-part-one/>

o Hafiz Ibn Kathir and Sufism <http://www.deoband.org/2012/02/tasawwuf/shariah-and-tariqah-tasawwuf/hafiz-ibn-kathir-and-sufism/>

Hafiz Ibn Kathir and Sufism <http://www.deoband.org/2012/02/tasawwuf/shariah-and-tariqah-tasawwuf/hafiz-ibn-kathir-and-sufism/>

o Traversing the path of Suluk <http://www.deoband.org/2012/01/tasawwuf/dhikr/traversing-the-path-of-suluk/>

Traversing the path of Suluk <http://www.deoband.org/2012/01/tasawwuf/dhikr/traversing-the-path-of-suluk/>

o Dhikr <http://www.deoband.org/category/tasawwuf/dhikr/> o Shari’ah and Tariqah <http://www.deoband.org/category/tasawwuf/shariah-and-tariqah-tasawwuf/> o Spiritual Advices <http://www.deoband.org/category/tasawwuf/spiritual-advices/> o Spiritual Discourses <http://www.deoband.org/category/tasawwuf/spiritual-discourses/> * History <http://www.deoband.org/category/history/> o The Great Muhaddith: Shah Ishaq al-Dihlawi <http://www.deoband.org/2013/03/history/biographies-of-scholars/the-great-muhaddith-shah-ishaq-al-dihlawi/>

The Great Muhaddith: Shah Ishaq al-Dihlawi <http://www.deoband.org/2013/03/history/biographies-of-scholars/the-great-muhaddith-shah-ishaq-al-dihlawi/>

o The Proof of Islam: Shaykh Qasim al-Nanotwi <http://www.deoband.org/2013/03/history/biographies-of-scholars/the-proof-of-islam-shaykh-qasim-al-nanotwi/>

The Proof of Islam: Shaykh Qasim al-Nanotwi <http://www.deoband.org/2013/03/history/biographies-of-scholars/the-proof-of-islam-shaykh-qasim-al-nanotwi/>

o The Valiant Imam: Sayyid Imam Ahmad ibn ‘Irfan al-Barelwi <http://www.deoband.org/2013/02/history/biographies-of-scholars/the-valiant-imam-sayyid-imam-ahmad-ibn-irfan-al-barelwi/>

The Valiant Imam: Sayyid Imam Ahmad ibn ‘Irfan al-Barelwi <http://www.deoband.org/2013/02/history/biographies-of-scholars/the-valiant-imam-sayyid-imam-ahmad-ibn-irfan-al-barelwi/>

o Anecdotes <http://www.deoband.org/category/history/anecdotes/> o Answering Distortions and Lies <http://www.deoband.org/category/history/answering-distortions-and-lies/> o Biographies of Scholars <http://www.deoband.org/category/history/biographies-of-scholars/> o History of the Companions <http://www.deoband.org/category/history/history-of-the-companions/> o Letters <http://www.deoband.org/category/history/letters/> o Prophetic Biography <http://www.deoband.org/category/history/prophetic-biography/> * General <http://www.deoband.org/category/general/> o Issuing Fatwa on the Ruling of another Madhhab <http://www.deoband.org/2013/01/general/principles-of-fiqh/issuing-fatwa-on-the-ruling-of-another-madhhab/>

Issuing Fatwa on the Ruling of another Madhhab <http://www.deoband.org/2013/01/general/principles-of-fiqh/issuing-fatwa-on-the-ruling-of-another-madhhab/>

o The Honorable Status of the People of Sacred Knowledge <http://www.deoband.org/2012/12/general/sacred-knowledge/the-honorable-status-of-the-people-of-sacred-knowledge/>

The Honorable Status of the People of Sacred Knowledge <http://www.deoband.org/2012/12/general/sacred-knowledge/the-honorable-status-of-the-people-of-sacred-knowledge/>

o The Issue of Taqlid and Adopting a Madhhab <http://www.deoband.org/2012/07/general/taqlid-and-ijtihad/the-issue-of-taqlid-and-adopting-a-madhhab/>

The Issue of Taqlid and Adopting a Madhhab <http://www.deoband.org/2012/07/general/taqlid-and-ijtihad/the-issue-of-taqlid-and-adopting-a-madhhab/>

o Announcements <http://www.deoband.org/category/general/announcements/> o Book reviews <http://www.deoband.org/category/general/book-reviews/> o Guidance <http://www.deoband.org/category/general/guidance/> o Miracles <http://www.deoband.org/category/general/miracles/> o Politics <http://www.deoband.org/category/general/politics/> o Principles of Fiqh <http://www.deoband.org/category/general/principles-of-fiqh/> o Sacred Knowledge <http://www.deoband.org/category/general/sacred-knowledge/> o Taqlid and Ijtihad <http://www.deoband.org/category/general/taqlid-and-ijtihad/>

By Mufti Muhammad Taqi Usmani<http://www.deoband.org/author/taqiusmani/> Taqlid and Ijtihad<http://www.deoband.org/category/general/taqlid-and-ijtihad/> July 26, 2012

The Issue of Taqlid and Adopting a Madhhab

taqlid2

/Translated by Zameelur Rahman/

People would seek fatwa from ‘ulama’ since the earliest of times inmatters which they were in need of, because the majority of people arenot able to derive the rulings of the Shari‘ah from their originalsources. Thus, it would be necessary for them to refer to those who haveknowledge of these rulings. This is what Allah (Glorified and Exalted isHe) ordered in His noble saying: “So ask the people of remembrance ifyou do not know.” (16:43) And as long as a mufti is trusted in hisknowledge and his piety, they would not demand evidence for what he said– and this is the technical meaning of /taqlid/, since they defined itas: “Acting on the opinion of another without knowing his evidence ordemanding proof.”

However, in the best of generations, they would not restrict themselvesto taking fatwa from a single scholar, such that they would not permitseeking fatwa from another scholar, although when individuals had aparticular affinity with a scholar of a certain land, their reliance onhim would be greater than others, so by virtue of that affinity, theywould refer to that scholar in all matters or most of them.

Of this is what al-Bukhari transmitted from ‘Ikrimah that the people ofMadinah would ask Ibn ‘Abbas: “Is it permissible for a woman [that is apilgrim], when she is menstruating, to set off for her hometown afterthe Tawaf al-Ziyarah and omit the Tawaf al-Wida‘?” Ibn ‘Abbas answeredthem by [saying] that it is permissible for her to set off and omit theTawaf al-Wida‘. They said to him: “We will not adopt your opinion, andleave the opinion of Zayd.” In the transmission of al-Isma‘ili: “We donot care, whether you have issued us a fatwa or you have not issued us afatwa. Zayd ibn Thabit says: ‘She does not set off.’” In thetransmission of al-Tayalisi: “We will not follow you, Ibn ‘Abbas, whenyou oppose Zayd.” This is because they had greater confidence in Zaydibn Thabit. Later, Zayd ibn Thabit retracted from his opinion when hecame to know of the hadith of Safiyyah, as transmitted by Muslim fromTawus: “I was with Ibn ‘Abbas when Zayd ibn Thabit said to him: ‘Youissue fatwa that a menstruating woman departs before having her finalmeeting with the House?’ Ibn ‘Abbas said: ‘At the least, ask so-and-soAnsari woman: Did the Prophet (Allah bless him and grant him peace)command her?’” He said: “Subsequently, Zayd ibn Thabit returned to Ibn‘Abbas, laughing, and saying: ‘I do not believe but that you told thetruth!’” When Zayd ibn Thabit (Allah be pleased with him) retracted, thepeople of Madinah were content that it is permissible for her to set off[before performing the Tawaf al-Wida‘].

And of this is what Imam Ahmad ibn Hanbal (Allah – Exalted is He – havemercy on him) transmitted from Abu Muslim al-Khawlani (Allah – Exaltedis He – have mercy on him), he said: “I came to the mosque of theDamascenes, when there was a circle therein comprising of seniorcompanions of the Prophet (Allah bless him and grant him peace), andthere was a youth amongst them with kohl on his eyes and bright teeth.Whenever they differed in anything, they referred it to the young man, a

youthful young man.” He said: “I asked a sitting-companion of mine: ‘Whois this?’ He said: ‘This is Mu‘adh ibn Jabal.’” And in anothernarration: “Whenever they differed over anything, they referred it tohim and they departed on his opinion.”

Examples of this are many.

The upshot is that most people would refer to those they trusted, andthey would prefer his fatwas over the fatwas of others. There were somewho did not suffice with seeking fatwa from a single scholar, becausethe madhhabs were not codified in that time, so they did not believe itwas forbidden to seek fatwa from anyone that was accessible to them,even if it was someone besides whom they normally referred to. There wasno fear at that time that people would select from the differentmadhhabs that which accorded with their passions because it wasdifficult for the questioner to know the opinion of the one he isseeking fatwa from before he asked him, which was because the madhhabswere not yet codified.

But after the codification of the four madhhabs of jurisprudence with aspecific structure, and books were compiled on them, and they condensedinto schools which were dedicated to studying them, and the opinions ofthese madhhabs became well-known and familiar to the people, if it waspermitted for everyone to select from these opinions whatever he wishedwhenever he wished, that would lead to following desires and notfollowing the bright Shari‘ah. There is no doubt that each of thesejurists only selected an opinion on the basis of the strength of itsevidence according to him not on the basis of what his heart desired, soit would be possible for another mujtahid to select or reject what hesaid due to a stronger evidence that appeared to him from the sources ofIslamic legislation. However, the layperson who is not able to comparebetween these opinions on the basis of the evidences of the Shari‘ah, ifhe was given the option to adopt what he wished and reject whatever hewished, it would be feared for him that he will adopt from theseopinions that which accords with his desires, and not because of theproof of the Shari‘ah that was the basis of that opinion.

Furthermore, each one of these madhhabs has a specific structure underthe remit of which it operates, whereby many of its rulings are linkedto each other. Thus, if one ruling from it is adopted and another rulingthat is linked to it is omitted, the structure would collapse, and asituation of /talfiq/ (mixing opinions from different madhhabs on asingle issue) – not taken as valid by anyone – may arise. It isdifficult for a layperson to appreciate these subtleties, so if the doorof selecting was to be opened for the layperson, that would lead tochaos in the laws of the bright Shari‘ah. It was for this [reason] thata need arose to adopt a specific madhhab, not because the follower of aparticular madhhab believes his Imam is an intrinsic authority –protection is from Allah, the Glorious! – but, because he trusts hisknowledge in the Shari‘ah and its proofs more than others, or becauseknowledge of his madhhab is easier for him with respect to the foundersof the other madhhabs. By such adoption of madhhabs, the circumstancesof the people – in terms of faithfulness to the Shari‘ah and notfollowing haphazard whims therein – were regulated, because selectingfrom the opinions of the jurists based on whim and not on the basis ofevidence is from that which the scholars, both ancient and recent, havecondemned. Imam Ma‘mar ibn Rashid (Allah – Exalted is He – have mercy onhim) said: “If a man was to adopt the opinion of the people of Madinahon listening to songs and approaching women from their behinds, and theopinion of the people of Makkah on temporary marriage and barter, and

the opinion of the people of Kufah on intoxicating substances, he wouldbe from the worst of the slaves of Allah.” (/Talkhis al-Habir/, 3:187)

Hafiz Ibn Taymiyyah (Allah – Exalted is He – have mercy on him) said:“An example of this is that a man believes in the validity of thepre-emption^[1 <#footnote_0_3486>] of a neighbour when he demands it,and its invalidity when he is the buyer, because this is not permissibleby consensus; and likewise, one who assumes the validity of theguardianship of a sinner in the process of his marriage and assumes theinvalidity of his guardianship in the process of his divorce – this isnot permissible by consensus of the Muslims. If a particular questionersaid: ‘I was not aware of that, and from today I am adhering to this,’that would not be [accepted] from him because it would open the door toplaying with the religion and open the means to legalisation andillegalisation being according to whims.” (/Majmu‘ al-Fatawa li BniTaymiyyah/, 32:101)

Imam al-Nawawi (Allah – Exalted is He – have mercy on him) said: “Itsreason is that if it were permissible to adhere to any madhhab onewished, it would lead to collecting the concessions of the madhhabs, inaccordance with one’s desires, and opting between legalisation andillegalisation, obligation and permission, and this will lead torelinquishing the noose of moral responsibility (/taklif/); asdistinguished from the early period, because [at that time] there wereno refined madhhabs that encompassed the rulings of [all] outcomes.Based on this, it is necessary for him to make effort in opting for onemadhhab he will adhere to specifically.” (/al-Majmu‘ Sharhal-Muhadhdhab/, 1:55)

Ibn Khaldun (Allah – Exalted is He – have mercy on him) said: “/Taqlid/in all towns came to rest on these four, and /muqallid/s of other thanthem have disappeared. The people blocked the door of disagreement andits paths when the diversification of the technical terms of thesciences became extensive; and when it became difficult to reach thelevel of ijtihad; and when it was feared that [somebody] unqualified forit whose opinion and religion are not trusted would be ascribed to it;so they [i.e. scholars] made [their] incapacity and deficiency clear,and they directed people to /taqlid/ of these [four], to all who arespecialised therein from the /muqallid/s, and they forbade modificationof their /taqlid/ because it would imply frivolity. All that remainedafter authentication of the basic texts and connecting their chains bynarration is transmission of their madhhabs, and each /muqallid/ actingon the madhhab of the one he does /taqlid/ of from them. There is nomeaning to jurisprudence today besides this. And the claim of ijtihad inthis age is rejected and turned on its heel, and his /taqlid/ isabandoned. The people of Islam have evolved into /taqlid/ of these fourImams.” (/Muqaddimah Ibn Khaldun/, p. 430)

Shaykh Wali Allah al-Dihlawi (Allah – Exalted is He – have mercy on him)said: “Know that the people in the first and second centuries were notunited on /taqlid/ of one specified madhhab, and after the secondcentury, there appeared amongst them adherence to the madhhabs ofspecific mujtahids, and those who did not rely on the madhhab of aspecific mujtahid became few – and this was the obligation of that time.If you say: How is it that one thing is not obligatory at one time, butobligatory at another time, although the Shari‘ah is one? I say: Theoriginal obligation is that there are those in the ummah who are awareof the corollary rulings from their detailed evidences. The people oftruth are united on this. And the prelude to an obligation isobligatory. When there are many avenues to that obligation, it is

necessary to acquire any avenue from those avenues withoutparticularisation, but when one avenue becomes specified, that oneavenue itself becomes obligatory…Based on this, it should be that theresult is the obligation of /taqlid/ of a specific imam.” (/al-Insaf fiBayan Asbab al-Ikhtilaf/, p. 68, 70)

He said at another place: “Indeed these four codified and refinedmadhhabs have united the ummah, or those who are noteworthy from them,on the permissibility of /taqlid/ of them, to this day of ours. In thisare interests that are not hidden, especially in these days in whichaspirations are very shunted and souls are given to desire and everyholder of an opinion is impressed by his own opinion.”

Although the mujtahid jurists were widespread in every region of theMuslim regions, it was the will of Allah (Exalted is He) that no madhhabwould be codified with a total composition in the way the madhhabs ofthe four jurists were codified, and their affiliation to them wasmass-transmitted, and their pupils who studied them and examined themand drew corollaries from them overflowed. Such a thing did not happento the other madhhabs. Shaykh Wali Allah al-Dihlawi (Allah – Exalted isHe – have mercy on him) said: “In sum, adopting the madhhab of themujtahids is a secret that Allah (Exalted is He) inspired to the‘ulama’, and He united them upon it, whether consciously [on their part]or unconsciously.” (/al-Insaf/, p. 73)

This is why the ‘ulama’ said that it is obligatory for the non-mujtahidto do /taqlid/ of one of these four madhhabs, and not do /taqlid/ of amadhhab besides them.

Imam al-Nawawi (Allah – Exalted is He – have mercy on him) said: “Hedoes not have the option of adopting the madhhab of any of the imams ofthe Sahabah (Allah be pleased with them) and other than them from theearly ones, although they were more learned and of a higher rank thanthose after them, because they did not devote themselves to codifyingknowledge, and delineating its principles and its branches, as none ofthem have a refined, codified and approved madhhab. Only those who cameafter them took up this [task] from the Imams affiliated with themadhhabs of the Sahabah and the Tabi‘in, who began to lay out the lawsof outcomes before their occurrence, and who set out to elucidate theirprinciples and their branches, like Malik, Abu Hanifah, and others.”(/al-Majmu‘ Sharh al-Muhadhdhab/, 1:55)

Al-Munawi transmitted from Hafiz al-Dhahabi (Allah – Exalted is He –have mercy on them) that he said: “It is necessary for us to believethat the four Imams, the two Sufyans, al-Awza‘i, Dawud al-Zahiri, Ishaqibn Rahwayh, and all the Imams, were upon guidance, and no attention ispaid to those who speak against them with what they are free from. Thetruth in accordance with the majority is that the one who is right inthe corollaries is one, and Allah (Exalted is He) has a sign in what Hehas decreed, and that the mujtahid is given the responsibility offinding it, and that the one who misses it is not sinful, but isrewarded. Thus, the one who is right has two rewards, and the one whoerrs has one reward. Yes, if the mujtahid is deficient [in hisknowledge], he is sinful, by agreement, and [it is necessary] for thenon-mujtahid to do /taqlid/ of a specific madhhab…but it is notpermissible to do /taqlid/ of the Sahabah and likewise the Tabi‘in, asstated by Imam al-Haramayn, of all whose madhhab has not been codified,so /taqlid/ of other than the four [Imams] in judicial decree and fatwais prohibited, because the four madhhabs have spread and have beencodified, such that the conditions of their absolutes and the

specifications of their generalities are clear; as distinguished from[madhhabs] besides them due to the extinction of their followers. Imamal-Razi (Allah – Exalted is He – have mercy on him) transmittedconsensus of the verifiers on the prohibition of laypeople doing/taqlid/ of individuals from the Sahabah and their elders.” (/Faydal-Qadir/ by al-Munawi, 1:210)

Shaykh Wali Allah al-Dihlawi (Allah – Exalted is He – have mercy on him)said in another place: “Know that there is great welfare in adoptingthese four madhhabs, and in turning away from all of them is greatcorruption, and we will explain that with reasons…” (/‘Iqd al-Jid/, p. 53)

He said in another place: “So when an ignorant person is in the lands ofIndia or the lands of Transoxiana, and there is no Shafi‘i, Maliki orHanbali scholar there, and no book from the books of those madhhabs, itis necessary for him to do /taqlid/ of the madhhab of Abu Hanifah, andit is forbidden for him to leave his madhhab, because by doing so hewill release [himself from] the noose of the Shari‘ah and will remainaimless and without purpose; as distinguished from the situation whereone is in the two Harams, because there it is easy for him to know allthe madhhabs. It is not sufficient for him to adopt [the opinions of themadhhab] by speculation and without assurance, nor to take from thetongues of the commoners, nor to take from an unknown book, all of whichare mentioned in /al-Nahr al-Fa’iq Sharh Kanz al-Daqa’iq/.” (/al-Insaffi Bayan Asbab al-Ikhtilaf/, pp. 77-8)

It is apparent from all of this that the objective is adherence to whathas come of the laws of the Shari‘ah in the Qur’an and Sunnah, and thatit is not usually easy for a non-mujtahid to derive these laws byhimself, either because he is unable to understand them, or because thetexts hold more than one meaning, or due to the apparent contradictionof evidences, so he relies on the opinion of a mujtahid whose opinion hehas trust in over other than him, or the opinion of a mujtahid whosemadhhab is well-known in his land. This is adoption of a madhhab(/tamadhhub/) or individual /taqlid/ (/al-taqlid al-shakhsi/).

However, adopting a specific madhhab is not negated by a learned scholar– who has insight into the evidences of the laws in an issue from theissues – adopting the opinion of another madhhab, not on the basis ofwhim, but on the basis of a stronger evidence that appears to him. Basedon this, many of the jurists of the Hanafis issue fatwa in many issuesaccording to an opinion that opposes the opinion of Imam Abu Hanifah(Allah – Exalted is He – have mercy on him), as they did in the issue ofcropsharing (/muzara‘ah/), and taking payment for teaching the NobleQur’an, and in the issue of a person duped [in a monetary transaction]having the option [to cancel the deal] and other well-known issues.

This is due to what our ‘ulama’ have stated explicitly that /taqlid/ ofa specific Imam is not a ruling of the Shari‘ah /per se/, but it is onlya fatwa that was issued in order to regulate the affairs of religion,and to avoid what was feared in not doing so, of the corruptions ofplaying [with the religion] and following desires.

I heard my father ‘Allamah Mufti Muhammad Shafi‘ (Allah – Exalted is He– have mercy on him) relate numerous times the statement of Shaykhal-Hind Imam Shaykh Mahmud al-Hasan (Allah – Exalted is He – have mercyon him): “Indeed /taqlid/ of a specific madhhab is not a ruling of theShari‘ah /per se/, but it is a fatwa that was issued in order theregulate the religion by means of it.”

Imam Shaykh Ashraf ‘Ali al-Thanawi (Allah – Exalted is He – have mercyon him) said in one of his sermons: “Thus, we do not believe thatindividual /taqlid/ is mandatory or obligatory in itself, but we saythat the affairs of religion are regulated by individual /taqlid/, andthere is chaos in abandoning /taqlid/.” (/Khutbat Hakim al-Ummat/, 6:172)

From the corollaries of this viewpoint is that whenever there is safetyfrom following desires, there is no harm in adopting that which isstronger in evidence for a scholar that is qualified to examine theevidences. Imam Faqih Shaykh Rashid Ahmad al-Gongohi (Allah – Exalted isHe – have mercy on him) said: “Indeed the jurists banned the laypeoplefrom non-individual /taqlid/ (which is /taqlid/ of a madhhab in oneissue and another in another issue) for the reason of these [corruptconsequences]. However a scholar who is safe from these corruptconsequences, it is permissible for him to exercise non-individual/taqlid/ even today, with the condition that he does not cause confusionand chaos thereby amongst the commoners.” (/Tadhkirat al-Rashid/, 1:132)

He said in another place: “The upshot is that when it is establishedthat this ruling from our Imam goes against the Book and Sunnah, it isnecessary for every believer to leave it, and no one will deny thisafter it becomes clear, but how is it possible for laypeople to verifythis matter?”

The teacher of our teachers, Imam Ashraf ‘Ali al-Thanawi (Allah –Exalted is He – have mercy on him), explained this matter with extrememoderation and balance, so there is no harm in citing his statement withhis wording followed by its Arabic translation:

Just as rejecting /taqlid/ is deserving of censure, extremism andrigidity therein is also deserving of condemnation. It has preceded thata mujtahid is not imitated with the belief that he is the lawgiver andbringer of laws, but he is only imitated with the belief that he is aclarifier of the laws and an elucidator of the legislations and one whoreveals the intent of Allah (Exalted is He) and the Messenger (Allahbless him and grant him peace). This is why /taqlid/ is only acted uponwhen a matter negating that belief or eliminating it does not arise.

Thus, if it is clear to a scholar with depth of insight, perception ofmind, fairness of temperament, by his investigation, or to a laypersonthrough the medium of that scholar by the testimony of his heart – withthe condition that he is fearful [of Allah] (/muttaqi/) – that thestronger [position] in this issue is another opinion, it will beexamined if there is any possibility for the permissibility of acting onthe weaker position based on the evidence of the Shari‘ah or not? Ifthere is scope there, and it is feared that in publicising thedisagreement there will be tribulation and confusion amongst thecommoners, it is better in such a situation to act on the weakerposition, to save the common Muslims from division. This is proven bywhat ‘A’ishah (Allah – Exalted is He – be pleased with her) narrated,she said: “The Messenger of Allah (Allah bless him and grant him peace)said: ‘Do you not see that your people, when they [re-]built the Ka‘bah,they were deficient in [building it on] the foundations of Ibrahim?’ SoI said: ‘O Messenger of Allah! Will you not return it to the foundationsof Ibrahim?’ So he said: ‘If it were not for the recentness of yourpeople in disbelief, I would have done [so].’” The Six transmitted itbesides Abu Dawud. So despite building the Ka‘bah on the foundations ofIbrahim (upon him peace) being superior, the Messenger of Allah (Allahbless him and grant him peace) opted for the weaker option, for fear oftribulation and confusion, because this weaker option was permissible in

the Shari‘ah, even if weak…Likewise it is narrated from Ibn Mas‘ud(Allah – Exalted is He – be pleased with him) that he prayed four(meaning, in travel), so it was said to him: “You criticise ‘Uthman [forpraying four in travel], and then you prayed four?!” He said:“Dissention is evil.” Abu Dawud transmitted it. So despite it beingstronger according to Ibn Mas‘ud (Allah – Exalted is He – be pleasedwith him) to shorten [the prayer] in travel, he prayed it in full toavoid dissention and evil. Apparently, he believed in the validity ofthat also, so by this what we mentioned – that if the weaker option ispermissible, opting for it is better to avoid tribulation and confusion– is strengthened.

However, if the weaker option does not allow for permissibility, ratherit necessitates the omission of an obligation or the performance of aprohibition, and it has no evidence besides analogy, and there is anexplicit authentic hadith for the stronger side, it is necessary to acton the hadith without hesitation, and /taqlid/ is not permissible inthis situation at all, because the foundation of religion is the NobleQur’an and the Sunnah, and the objective of /taqlid/ is nothing besidesacting on them with ease and safety. So when the harmony between them[i.e. /taqlid/ and acting on the Qur’an and Sunnah] is negated, it isnecessary to act on the Qur’an and Sunnah, and rigidity on /taqlid/ insuch a situation is the /taqlid/ on which censure has occurred in theQur’an and Sunnah and the statement of the ‘ulama’. Thus it is narratedfrom ‘Adiyy ibn Hatim (Allah – Exalted is He – be pleased with him), hesaid: “I came to the Prophet (Allah bless him and grant him peace), andI heard him recite: ‘They have taken their rabbis and their monks asgods beside Allah’ (9:31) He said: ‘They would not worship them, butwhen they made anything halal, they considered it halal, and when theymade anything haram, they made it haram.’” Al-Tirmidhi transmitted it.

And the practice of the Salaf and the verifiers has always been thatwhenever it appears to them that their opinion or the opinion of anothergoes against the command of Allah (Exalted is He) or His Messenger(Allah bless him and grant him peace) they renounce it immediately, asis narrated from Numaylah al-Ansari (Allah be pleased with him), hesaid: Ibn ‘Umar (Allah – Exalted is He – be pleased with them) was askedabout eating hedgehog, so he recited: “Say: I do not find, in what hasbeen revealed to me, anything prohibited for anyone who eats” [to theend of] the verse (6:145). So a shaykh next to him said: I heard AbuHurayrah say: Hedgehog was mentioned before the Messenger of Allah(Allah bless him and grant him peace), and he said: “An impurity fromthe impurities,” so Ibn ‘Umar said: “If the Messenger of Allah (Allahbless him and grant him peace) said this, it is as he said, as we didnot know.” Abu Dawud transmitted it.

The ‘ulama’ of the Hanafis also remained on the practice of thisprinciple, so they left the opinions of their Imam in a number ofissues, and by this it becomes clear to every fair person that what somepeople accuse them of, of fanaticism and rigid /taqlid/, is a clearerror which resulted from looking at the transmissions withoutunderstanding…However, it is not permissible, despite abandoning/taqlid/ in this issue, to attack the honour of the mujtahid bylengthening the tongue against his respected self or holding a badopinion in the heart that he abandoned an authentic hadith, because itis possible that that hadith did not reach him, or it reached him with aweak chain, or that hadith was interpreted by him with an indication ofthe Shari‘ah. So he is excused. And vilifying the perfection of theirknowledge due to being unacquainted with that hadith falls under thetotality of lengthening the tongue against them because it is

established that some hadiths did not reach some of the senior Sahabahregarding whose perfect knowledge there is no doubt, and that was notconsidered a deficiency in their perfection. Thus it is narrated from‘Ubayd ibn ‘Umayr (Allah – Exalted is He – have mercy on him) in thestory of the seeking of permission by Abu Musa (Allah – Exalted is He –be pleased with him) the statement of ‘Umar (Allah – Exalted is He – bepleased with him): “This command of the Prophet (Allah bless him andgrant him peace) was hidden to me. Trading and markets distracted me.”Al-Bukhari transmitted it.

Likewise when a /muqallid/ of that mujtahid, his breast has not expandedin that issue, and he thinks – due to good opinion of the mujtahid –that his opinion does not go against the hadith, so he continues to do/taqlid/ of him in that issue due to this opinion, and he does notreject the authentic hadith, but he does not understand the agreement ofhis Imam with that authentic hadith in detail, it is not permissible toblame that /muqallid/, because he is also adhering to evidence of theShari‘ah, and he does not aim but adherence to the Shari‘ah; andlikewise it is not permissible for that /muqallid/ to condemn thatscholar who left /taqlid/ in that issue due to the aforementionedreason, because this variation of theirs is akin to the variation whichoccurred amongst the Salaf and on which the ‘ulama’ said: “Indeed ourmadhhab is correct – probabilistically – with the possibility of beingincorrect, and the madhhab of others is incorrect – probabilistically –with the possibility of being correct.” So when the other side has thepossibility of being correct also, how can it be permissible, becauseof that, to declare any [of them] misguided, or to declare him a sinner,or to accuse him of bid‘ah, or Wahhabiyyah, and cause envy, rancour,obstinacy, dissension, backbiting, insult, abuse, vilification and cursewhich are absolutely forbidden?!

Yes, the man who opposes the majority of the Muslims in their beliefs orin matters that are agreed-upon, or he extends his tongue with respectto the righteous Salaf, he is out of the Ahl al-Sunnah wa l-Jama‘ah,because the Ahl al-Sunnah wa l-Jama‘ah are those who tread the path ofthe Sahabah, and these matters go against their beliefs, so this man isoutside of the Ahl al-Sunnah and included within the people ofinnovations and passions. And similar is the man who is extreme in his/taqlid/ whereby he rejects the Qur’an and hadith because of it. So itis necessary to avoid and stay clear of these two men while shunning thewell-known debates. This is the balanced truth. Anything besides it iserror and excess. O Allah! Show us the truth as truth and grant usadherence to it, and show us falsehood as falsehood, and grant usavoidance of it. (/al-Iqtisad fi l-Taqlid wa l-Ijtihad/, pp. 84-9)

It is clear from this that adopting a specific madhhab and doing/taqlid/ of a mujtahid is not [done] but to arrive at what isestablished from the rulings of the Shari‘ah from the Book and Sunnahfor those who are not able to reconcile between contradictory evidences.This is why the ‘ulama’ have clearly stated that there is no need for/taqlid/ in creed and rulings that are stated explicitly, like theobligation of Salah, fasting, Zakah and Hajj, and the prohibition ofwine, swine, usury, lying, deception and treachery, from the rulings inwhich there is no room for ijtihad, and the texts on them do not holdmore than one interpretation. (See /al-Dhakhirah/ by al-Qarafi, 1:148)

Likewise, adopting a madhhab does not mean the ‘ulama’ of that madhhabdo not go against the opinion of their Imam in any of the issues. Fromthis is what is narrated from Imam al-Tahawi – and he was a Hanafi inmadhhab – that he said: “Abu ‘Ubayd ibn Harbawayh would revise rulings

with me. So I answered him one day regarding an issue, and he said tome: ‘This is not the opinion of Abu Hanifah.’ Thereupon, I said to him:‘O Qadi! Do I take everything Abu Hanifah said?’ He said: ‘I did notthink you but a /muqallid/.’ I said to him: ‘Does any do /taqlid/besides a fanatic?’ He said to me: ‘Or an idiot.’ Then this statementflew across Egypt until it became a proverb.”

That which al-Tahawi (Allah – Exalted is He – have mercy on him)intended was that adopting a specific madhhab does not negate that ascholar like al-Tahawi adopts an opinion besides the opinion of his Imamin an issue, otherwise he will be a fanatic.

From this, it becomes clear that /taqlid/ has [four] levels:

1. The first level is the /taqlid/ of the layperson who does not haveknowledge of the Qur’an and Sunnah, nor mastery of the sciences derivedfrom them. Those who graduate from the seminars (/madaris/) andreligious universities and have not acquired an ability by which theyare able to compare between juristic opinions in light of the Book andSunnah are included amongst them. The ruling of these [people] is thatthey adhere to the madhhab of a specific Imam, and they do not adopt[anything] besides the opinions of their Imam, because the opinion oftheir Imam is a proof with respect to them, and they do not have theright to assess whether the opinions of their Imam are against the Bookand Sunnah by their mere opinion, because that which is necessary forsuch an assessment is not available to them.

2. The second level is the /taqlid/ of the learned scholar, who,although he has not reached the level of complete /ijtihad/, but becauseof the expanse of his knowledge of the sciences of the Qur’an andSunnah, and his mastery in the madhhab of his Imam, and his extensiveexperience of jurisprudence and fatwa with skilled teachers, he acquireda strong ability to inspect the evidences of the jurisprudentialrulings. Although such a scholar does /taqlid/ of his Imam in most ofthe chapters of jurisprudence, nonetheless, when he finds an opinion ofhis Imam against a clear text and he does not find, despite his lengthyinvestigation, anything that contradicts that text, it is permissiblefor him to leave the opinion of his Imam because of that clear text, aswe have mentioned previously from the statement of Imam Shaykh Ashraf‘Ali al-Thanawi (Allah – Exalted is He – have mercy on him). Likewise,when such a scholar feels that in the madhhab of his Imam in an issuefrom the issues there is a severe crisis, and that there is a widespreadneed to avert this crisis by opting for another juristic madhhab fromthe four followed madhhabs, it is permissible for him to issue fatwa oract on the opinion of another mujtahid besides his Imam, just as theHanafis did in the issue of the wife of a lost man and other [issues],as will come – if Allah (Exalted is He) wills – in its place. However,the most precautious [route] in this age in the issues in which there isa widespread affliction is that a man does not act independently in suchissues with his individual opinion; rather, he consults other ‘ulama’,and he does not issue a general fatwa except after acquiring theagreement of a body of firmly-grounded scholars.

3. The third level is the /taqlid/ of a mujtahid in the madhhab, and heis the one who, although he is a /muqallid/ of his Imam in theprinciples, nonetheless, he has acquired a degree of ijtihad in theperipherals or in the jurisprudential cases (/nawazil/). The scholars ofextraction (/takhrij/) and assessment (/tarjih/) and the mujtahids injurisprudential issues (/masa’il/) are included in this as will come –if Allah (Exalted is He) wills.

4. The fourth level is the /taqlid/ of an absolute mujtahid, becausealthough he is independent in deriving the laws of the Shari‘ah from theBook and Sunnah, but he has no alternative but to [exercise] a degree of/taqlid/, which is tfhat he examines the statements of the Salaf fromthe Sahabah and Tabi‘in, and holds to them in the explanation of therulings of the Qur’an and Sunnah. And at times there is no clear textfrom the Book and Sunnah, but there is a statement from one of theSahabah or Tabi‘in, so he gives it preference over his personal opinion.This is just as Abu Hanifah (Allah be pleased with him) often adoptedthe opinion of Ibrahim al-Nakha‘i, and al-Shafi‘i the opinion of IbnJurayj, and Malik the opinion of one of the seven jurists of theIlluminated City. ‘Allamah Ibn al-Qayyim (Allah – Exalted is He – havemercy on him) said about the absolute mujtahid: “His ijtihad does notnegate his /taqlid/ of other than him at times, for you will not findany of the Imams, but he is a /muqallid/ of one who is more learned thathim in some rulings. And indeed al-Shafi‘i (Allah have mercy on him andbe pleased with him) said in a place of Hajj: ‘I said this doing/taqlid/ of ‘Ata’.’” (/I‘lam al-Muwaqqi‘in /4:179)

/Usul al-Ifta’ wa Adabuh/, Mufti Muhammad Taqi Usmani, pp 61 – 84

_____________________________

1. “Pre-emption” (/shuf‘ah/) refers to the right of a partner with a share in a property or a neighbour to cancel a purchase made on the property to a third party so he can have the first choice to buy it. There is disagreement whether a neighbour enjoys this right, although it is agreed that a partner with a share in the property does. [↩ <#identifier_0_3486>]

//abu hanifah <http://www.deoband.org/tag/abu-hanifah/>ahle hadeeth<http://www.deoband.org/tag/ahle-hadeeth/>ahle hadith<http://www.deoband.org/tag/ahle-hadith/>ahmad ibn hanbal<http://www.deoband.org/tag/ahmad-ibn-hanbal/>dahlawi<http://www.deoband.org/tag/dahlawi/>Deoband<http://www.deoband.org/tag/deoband/>Deobandi<http://www.deoband.org/tag/deobandi/>fatawa<http://www.deoband.org/tag/fatawa/>fatwa<http://www.deoband.org/tag/fatwa/>following a madhab<http://www.deoband.org/tag/following-a-madhab/>following a madhhab<http://www.deoband.org/tag/following-a-madhhab/>following a school ofthought <http://www.deoband.org/tag/following-a-school-of-thought/>fourimams <http://www.deoband.org/tag/four-imams/>four schools of thought<http://www.deoband.org/tag/four-schools-of-thought/>gangohi<http://www.deoband.org/tag/gangohi/>hambali<http://www.deoband.org/tag/hambali/>Hanafi<http://www.deoband.org/tag/hanafi/>Hanbali<http://www.deoband.org/tag/hanbali/>ibn abidhin<http://www.deoband.org/tag/ibn-abidhin/>ijtihad<http://www.deoband.org/tag/ijtihad/>imam abu hanifah<http://www.deoband.org/tag/imam-abu-hanifah/>madhhab<http://www.deoband.org/tag/madhhab/>Malik<http://www.deoband.org/tag/malik/>maliki<http://www.deoband.org/tag/maliki/>salafi<http://www.deoband.org/tag/salafi/>shafi<http://www.deoband.org/tag/shafi/>shafi�i<http://www.deoband.org/tag/shafii/>shami<http://www.deoband.org/tag/shami/>taqlid<http://www.deoband.org/tag/taqlid/>taqlid shakhsi

<http://www.deoband.org/tag/taqlid-shakhsi/>taymiah<http://www.deoband.org/tag/taymiah/>thanawi<http://www.deoband.org/tag/thanawi/>Usmani<http://www.deoband.org/tag/usmani/>

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2 Comments

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July 27, 2012

ibn suleman

Assalamalaikum,I have always held aalims of deoband in high esteem for their profound in depth ilm deen.Born hanafi I read a lot to find which masalak is correct with costant dua to Allah to guide me to the right and Merciful Allah settled me on my own hanafi masalak.This article is a masterpiece and deserves that all muslims read it.My email to many on my mailing list was also marked for you so that you send such gems of knowledge to them also.May your arms,mind and heart stay strong in the sevice of Allah and may He give long healthy,wealthy life to you all in His service.Wassalam.

*

October 3, 2012

Muhammad Zahoor ul Hassan

Same case with me , Alhamdulillah.

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1

faizal

Shaykh Muhammad bin ‘Abd al-Wahhab and Sufism <http://www.deoband.org/2011/01/tasawwuf/shariah-and-tariqah-tasawwuf/shaykh-muhammad-bin-%e2%80%98abd-al-wahhab-and-sufism/#comment-6020>

Mashallah * <http://www.deoband.org/2011/07/aqida/deviant-beliefs/the-prohibition-of-prostrating-to-other-than-allah/>

2

mohammad danish

The Prohibition of Prostrating to Other than Allah <http://www.deoband.org/2011/07/aqida/deviant-beliefs/the-prohibition-of-prostrating-to-other-than-allah/#comment-6016>

i have a Request. please give hadith number with chapter and volume number. i wanted to to prove a friend that prostrating other than Allah is not allowed but now… * <http://www.deoband.org/2010/07/aqida/deviant-beliefs/a-query-regarding-the-barelwis/>

3

Gibran

A Query Regarding the Barelwis

<http://www.deoband.org/2010/07/aqida/deviant-beliefs/a-query-regarding-the-barelwis/#comment-6011>

Well, if that is a blasphemous attitude, I don�t know what place in Jahannam was made for the so called "Muslims" who make dua to other than Allah. Good article,… * <http://www.deoband.org/2011/07/aqida/deviant-beliefs/the-prohibition-of-prostrating-to-other-than-allah/>

4

Sharif Ahmed

The Prohibition of Prostrating to Other than Allah <http://www.deoband.org/2011/07/aqida/deviant-beliefs/the-prohibition-of-prostrating-to-other-than-allah/#comment-6008>

Sajdah in Arabic has different meanings one is the sijdah when doing salah another form of sijdah is similiar to a ruqu in salah which in English is similiar to… * <http://www.deoband.org/2013/01/aqida/allah-and-his-attributes/the-peak-of-comprehension-on-the-categories-of-polytheism/>

5

Shah

The Peak of Comprehension on the Categories of Polytheism <http://www.deoband.org/2013/01/aqida/allah-and-his-attributes/the-peak-of-comprehension-on-the-categories-of-polytheism/#comment-6007>

I have read a Hadith about labeling the believers with shirk and would like to share it with you. According to the Hadith people who stamp the believers as "mushrik"…

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* istigatha-kandhalwi

<http://www.deoband.org/2013/12/quran/quran-commentary/on-seeking-help-from-other-than-allah/>

On Seeking Help From Other Than Allah <http://www.deoband.org/2013/12/quran/quran-commentary/on-seeking-help-from-other-than-allah/>

* shiaism-1 <http://www.deoband.org/2013/09/aqida/prophets-angels-and-companions/shiaism-a-brief-analysis/>

Shiaism: A Brief Analysis <http://www.deoband.org/2013/09/aqida/prophets-angels-and-companions/shiaism-a-brief-analysis/>

* jamaah <http://www.deoband.org/2013/08/hadith/hadith-commentary/the-meaning-of-jamaah/>

The Meaning of Jama‘ah <http://www.deoband.org/2013/08/hadith/hadith-commentary/the-meaning-of-jamaah/>

* takmilah-fath-al-mulhim <http://www.deoband.org/2013/05/fiqh/divorce/are-three-divorces-issued-in-one-sitting-counted-as-one/>

Are Three Divorces Issued in One Sitting Counted as One? <http://www.deoband.org/2013/05/fiqh/divorce/are-three-divorces-issued-in-one-sitting-counted-as-one/>

* shzayedmosque <http://www.deoband.org/2013/04/fiqh/salah-fiqh/the-nature-of-worship-in-islam/>

The Nature of Worship in Islam <http://www.deoband.org/2013/04/fiqh/salah-fiqh/the-nature-of-worship-in-islam/>

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