Bismillaahir Rahmaanir Raheem

Introduction

Today the topic of Taqleed has become more attentive vocal point to the Muslim individuals, especially among the youths from the level of layman and among the learned ones. Some argues that Taqleed has no place in Shariah and some accepts the taqleed to the extent that no blind Taqleed should be made. For the former, they tend to say that you only follow the Qur`an and the authentic Ahaadith of Rasul of Allah s.a.w and no other personalities. And as for the later ones, they say that only valid Taqleed should be made based on knowing the evidence of such matter. However, both of these arguments are baseless to some extent. Following the Qur’an and Ahaadith though, apparently sounds correct and which, Muslims should adhere to, however directly following fro Qur’an and Sunnah for a lay person is impossible and impractical as there is no scope of hearing anything direct from Rasulullah s.a.w. And on the other hand, knowing the evidence is not the task for the layman either but for the scholars. In sha Allah I will endeavour to illuminate this misconception with the verses of the Quran along with its modern/classical commentaries and ahaadith. Generally I will explain this in two parts. Part 1: Blind Taqleed or blind follower be a lay person (common person). Part 2: Blind following of ancestors in false religion.

Part One

1.1 The definition

Taqleed linguistically means to put something around the neck encompassing it like a Qallada (rope around the neck). Technically it means to follow the saying of someone (expert) whose statements are not evidence.[1] Al-Usul min Ilmil Usul, pg-128 (English translation: The foundation of the knowledge of Usul by Shaykh Al-Uthaymin r.a)

1.2 Situations of Taqleed

Taqlid can occur in two situations:

1. That the blind follower be a common person who is not able to know the ruling for himself so for him it is compulsory to blind follow due to the statement of the Most High:

“Ask the people of the Reminder if you do not know.” [Chapter 16, V:43] [2]In the Arabic text it is mentioned as ‘Fard’ which translate to compulsory. [3] Surah An-Nahl, V:43 & Surah Al-Anbiya, V:7

He follows the best one he can find in terms of knowledge and piety, and if they are similar then he can simply choose.

• The Mujtahid (Imam) is confronted with an incident that requires immediate response, and he is not able to look in to the issue, then he may blindly follow someone in that instance. [4] Al-Usul min Ilmil Usul, pg-129

In the first concept, one chooses to make Taqleed of a specific Mujtahid ‘Aalim’ (scholar). In all affairs his judgement is accepted and acted upon. This Ta’yin (fixation of a maslak) is known as Taqleed-e-Shakhsi (following a fixed Imam). [5] Ashraf’s advice upon the four great Imams of fiqh, pg-151

Note-1: Shaykh Al-Uthaymin R.A (may Allah have mercy upon him) has accepted the view that it is Fard to blind follow by a lay person!

Note-2: There is no a single Muslim who does not to some extent do blind following since from the tender age of understanding. For example, Muslim children attend Islamic school (Madrasa, Maktab etc) to learn their religion through tutelage of teachers, most importantly learning the Salah with some demonstrations, verbal or with small illustrated text books hence, all these forms blind following because yet they do not have the ability/direct access to the learning of Rasulullah s.a.w especially to the hadith of Rasulullah s.a.w to know which part is Sunnah, which part is Fard etc. Therefore, it is inevitable that he learns it through blind following of his teacher or parent.      

1.3 Blind following of Fatwas

Allah says:

“Ask the people of the Reminder if you do not know.” [Chapter 16, V:43]

And the people of the Reminder are the scholars, and the blind followers are not from the people of knowledge who are followed, rather they are follower of others.

Abu ‘Umar bin Abdul-Barr r.a and others said: ‘the people are unanimously agreed that the blind follower is not of the scholars and that knowledge is to know the truth with its evidence.’  Ibn al-Qayyim r.a said: ‘This is as Abu ‘Umar said; the people do not disagree that knowledge is obtained from the evidence, as for without the evidence then that is blind following’ then Ibn ul Qayyim mentioned the permissibility of the fatwa through blind following according to three sayings:

1. ‘It is not permissible to give a fatwa with blind following because it is not knowledge and the fatwa without knowledge is forbidden and this is the sayings of most of the Companions (Hanbalis) and the majority of the Shafi’iyah. [6] Sharh Usul min ilmil Usul, pg 699
2. It is permissible with regard to himself, but not permissible for him to blindly follow what others have given a fatwa for (themselves).
3. It is permissible when needed, and in the absence of a scholar who is a Mujtahid, and that is the most correct of these sayings and it should be acted upon. [7] Al-Usul min Ilmil Usul pg-133/34 [‘So it is permissible that we seek the verdict of a blind follower when we cannot find other than him. This is because the verdict of a blind follower is better than ignorance, without doubt. And that he narrates the sayings of a mujtahid imam and relies on it is better than ignorance, and this is the most correct of the sayings. (Sharh Usul min ilmil Usul, pg 699)

Consider the following verse the opponents of the taqleed presents in favour of their argument in regards to the fact that by following a particular madhab you are creating division among the Ummah.

“And be not like those who became divided and disagreed after the clear commands came to them, and these it is that shall have a grievous chastisement”. [Chapter 3:105] [8] Surah Ale-Imraan, v:105

1.4 COMMENTARY:

The author of “Ruhul Ma`aani” and majority of the Mufassirin (commentators) states that the verse refers to the Jews and Christians who split and deviated from (Tawhid) oneness of Allah. [Ruhul Ma`aani Vol-4, Pg-22] [9] (1) Tafseer Fath al Qadir pg-236 (2) Tafseer Ibn Katheer, Vol-1 Pg-615 (3) Tafseer Al-Bagwi, Pg-234 (4) Tafseer Kash-shaf Pg-188 (5) Tafseer Al-Qurtubi vol-2, pg-523 (6)Tafseer Al-Baidawi vol-1, pg-174 (they differed in regards to Tawhid, Tanzeeh and also disputed about the hereafter life)]

Despite the presence of clear commands in the Tawrah and Injeel, the Jews and the Christians disputed with each other in matters regarding their respective Shari’at until they eventually broke up in to numerous different sects.

The Ummah of Prophet Muhammed s.a.w are instructed not to imitate their ways. These people contradicted the orders given to them because of their love for the world and their subservience to their passions. In this verse Allah s.w.a forbids the Muslims from imitating the Jews and the Christians in regards to disputation in Deen (namely in matters concerning aqaaid or believes). [Anwaar-ul-Bayaan] [10] Vol-2, Pg-162

Many people subject the Deen to their own desires, thereby leaving the Deen altogether. Examples of such groups in the past were the Murjiya, the Karaamiya, the Mujassama, the Mushaabiha, the Mu`attila and the Jahamiya. They all claimed to be Muslims but actually left the fold of Islam. Included with this groups are those who deny the authority of the Ahaadith, those who accept that the Qur’an was changed (most Shi`a groups) as well as those who believe that other Prophets came after Rasulullah s.a.w such as (Qadiaani). [11] Anwar-ul-Bayaan Vol-2, Pg-162

1.5 A grave misconception with regards to this verse

Opponents of Taqleed commonly cite this verse as proof that Taqleed is haram. They argue that the four madhahib (plural of madhab) are sects and, as understood from this verse sectarianism (creating division) is haram. However, the words “after the clear commands came to them” refute their argument.

As mentioned above, the Jews and Christians differed with each other regarding matters about which they had clear guidance in the Tawrah and Injil. Thus, the meaning of this verse is that Muslims must not dispute with each other regarding matters which they have clear guidance in the Quran.

However, a study of the causes of differences of the opinion among the four madhahib reveals that none of these differences are “after the clear commands came to them”. Thus differences in Madhahib does not fall under this verse.

In fact with regards to the differences in Madhahib, it is important to remember that:

1. The madhahib do not differ with each other in matters of aqeedah (belief) (see 1.4)
2. They do not differ with each other regarding matters that are explicitly mentioned in Quran and Hadith
3. They only differ regarding:
4. Matters that are neither mentioned in the Quran nor in the hadith.
5. Matters regarding which there is some ambiguity. There are various reasons for such ambiguity. For example:
6. one having two possible meanings, both of which cannot be intended at the same time. See (chapter 2:228)
7. conflicting narrations e.g. One narration implies that that the muqtadi must not read surah Fatiha and another narration implies that his salah will be invalid if he does not do so.

8. In most instances the difference of opinion among the madhahib is regarding ‘awlawiyyat’ (priority, precedence).

For example: whether ‘ameen’ should be said softly or loudly, the Hanafi madhab says that it is better to say it softly and the Shafi’e madhab says that it is better to say it loudly. However, no Hanafi says that the Salah is void (invalid) if ‘ameen’ is said loudly and similarly, no Shafi’e says that it is compulsory to say ‘ameen’ loudly.

• Even when they differ regarding the permissibility and impermissibility of a certain thing (although differences of this nature are few), no madhab declares the members of the other madhab deviant sect etc.
• It is clear from no-3 above that the differences  among the madhahib are not “after the clear commands came…..”. In other words, this aayat does not refer to the differences of the madhahib.
• It is clear from the above discussion that neither the Imaams of the four madhahib nor their followers are guilty of creating ‘sects’ in Deen.

Part Two

2.1 Blind following of ancestors in false religion

“They said: Have you come to us to turn us away from what we found our fathers upon, and (that) greatness in the land should be for you two? And we are not going to believe in you”. [Chapter 10, V:78] [12] Surah Yunus, V:78

2.2 COMMENTARY:

Almighty Allah particularly rephrased how pharaoh and his subordinates were following their ancestors in the matters of false self-proclaimed idolatry religion and denying the true preaching of Musa a.s and Harun a.s. Hence defaming them of abdication of his throne and position. [13] Tafseer Qurtubi vol-4, pg-664

Note: the phrase “we found our fathers upon” denotes the Taqleed of their ancestors in false idolatry religion which Allah condemned them in Surah Ale-Imraan verse:105 (mentioned in part one). [Tafseer Kabir] [14] vol-9, pg-134

2.3 Christians regarded their doctors of law and their monks to be legislators of law

“They have taken their doctors of law and their monks for lords besides Allah, and (also) the Messiah son of Maryam and they were enjoined that they should serve one Allah only, there is no God but He; far from His glory be what they set up (with Him)”. [Chapter 9, V:31] [15] Surah At-Tawbah, Verse:31

2.4 COMMENTARY:

The Christians never used to worship their monks however, they used to (blindly) follow their footsteps in disobeying the commands of Allah. Whatever the Monks used to make halal they used regard it as halal, whatever the monks used to make haram they used to regard it as haram. [16] (1) Tafseer Bagwi pg-553, (2) Tafseer Qurtubi, vol-4, pg-461

2.5 Compare and contrast

1. It is clear from the above verses that the Jews and Christians used to create divisions in matters of faith and aqaaid as well as in the branches of faith.
   1. No Mujtahid Imaam has ever created any divisions in faith nor in matters which are clear cut Qat’i (definitive) obligatory laws e.g 5 times prayers or 5 pillars of Islam.
   2. As can be depicted from the verse above in Surah Tawbah, the Christians used to regard their monks and pops to be the  legislator in lieu of their creator. Whereas no Muqallideen (followers of Madhab) claim that they have the ultimate authority to legislate or re-interpret the law or Shariah. Below Hadith explains the position of the Christians believes:

Narrated ‘Adi bin Hatim: “I came to the Prophet (s.a.w) while I had a cross of gold around my neck.  He said: ‘O ‘Adi! Remove this idol from yourself!’ And I heard him  reciting from Surah Bara’ah: They took their rabbis and monks as lords  besides Allah (9:31). He said: ‘As for them, they did not worship them,  but when they made something lawful for them, they considered it lawful,  and when they made something unlawful for them, they considered it  unlawful.'” [Jami` at-Tirmidhi] [17] Hadith no-3095

• Though Christians never used to worship them i.e monks however, they cherished the changes that used to be made by their monks.

Moreover, contrary to the  above Allah the Almighty encourages those who follow their pious elders in the matter of faith.

“And (as for) those who believe and their offspring follow them in faith, We will unite with them their offspring and We will not diminish to them aught of their work; every man shall be detained for his deeds”. [Chapter 52, V:78] [18] Surah At-Tur, V:78

2.6 Below again further Allah deters not to be among the polytheists:

“Turning to Him, and be careful of (your duty to) Him and keep up prayer and be not of the polytheists”. [Chapter 30, V:31] [19] Surah Ar-Rum V:31

Here Allah forbade not to be among the polytheist whereas no Imam instructs to associate any partner with Allah s.w.t.

“Of those who divided their religion and became seas every sect rejoicing in what they had with them”. [Chapter, V:32] [20] Surah Ar-Rum V:32

Here very explicitly Allah condemns those who divided their religion namely the Jew and Christian i.e changed it by believing in parts of it and rejecting other parts. [Tafseer Ibn Kaseer][21]

“Surely they who divided their religion into parts and became sects, you have no concern with them; their affair is only with Allah, then He will inform them of what they did”. [Chapter 6, V-159] [22] Vol-3, Pg-612

2.7 COMMENTARY:

1. Before the arrival of Prophet Muhammed s.a.w, the Jews and Christians split their religion into many sects. However, on the other hand many of them were guided after Prophet s.a.w preached to them Islam but in minimal numbers. [Tafseer Ibn Kaseer] [23] Vol-2, Pg-273/4

2. The followers of the religions before Islam though split into many false sects, each group claiming to be following the truth. This Ummah too has split into sects, all of which are misguided apart from one, which is Ahlus Sunnah wal Jama’ah those who adhere to the book of Allah and the Sunnah of the messenger s.a.w. And what was followed by the first generation, the companions their followers (Tabiyin) and the Imaams of the Muslims (particularly four great Imaams of Ahlus Sunnah wal Jama’ah) of earlier and later times. [Tafseer Ibn Kaseer] [24] Vol-3, Pg-612

Imam Hakim in his Mustadrak recorded that the Messenger of Allah s.a.w was asked which of the sect was the saved sect? And he said ” Ma ana alaiya wa as-habee” what I and my companions are upon. [Mustadrak Alas Sahihain] [25] Vol-1, Pg-128/9

“These are they to whom We gave the book and the wisdom and the prophecy; therefore if these disbelieve in it We have already entrusted with it a people who are not disbelievers in it”. [Chapter 6, V:89] [26] Surah Al-An`aam, V:89

It is apparent from this verse that Allah gave clear book and wisdom yet some of Jews and Christians disbelieved.

“With clear arguments and scriptures; and We have revealed to you the Reminder that you may make clear to men what has been revealed to them, and that haply they may reflect”. [Chapter 16, V:44] [27] Surah An-Nahl, V:44

2.8 CONCLUSION

To sum it up, after critical analysis, blind Taqleed is the ultimate result of following ancestors in the matter of false religion without any valid evidence and completely ignoring the explicit guidance from the creator thus, creating divisions and different sects. On the contrary to this following any of the valid madhahib does not fall under the category of “creating division and different sects” as the madhahib itself is not sect rather it’s a simple interpretation of non explicit or any ambiguous texts which we have mentioned under point number 3 on (1.5).

Therefore, following any madhahib for a lay person is not a blind Taqleed in the context of the verse  that I have made very brief analysis rather, it is a blind following in the context for a lay person as being unaware and unable of deducing evidences thus, has no alternative but to ask the learned ones [Chapter 16, V:43]. Hence, following one of the madhahib (today’s day and age especially, we live in the most fitna time) is the most secured mode for a lay person so that he may abstain from following his desire and passion in regards to following the Shariah. May Allah give us the right understanding of Deen and practice upon it, Ameen.

I end with the famous hadith of Rasulullah s.a.w:

Shaddad bin Aws r.a narrated that the Prophet s.a.w said: “The clever person is the one who subjugates his soul, and works for what is after death. And incapable is the one who follows his desires and merely hopes in Allah.” [Sunan at Timidhi] [28] Hadith no-2459 Darus Salam, Riyad.