The meaning of taqleed and its rulings.
abu marthad al ghanawiyy
Question:
What is the true meaning of taqleed and what are its categories along
with the clarification of its ruling?
Answer:
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 taqleed, and from them is the
saying of some of them that taqleed is the acceptance of a saying of a
person without him knowing its evidence. And some of them [the
scholars] held the view that taqleed is the acceptance of the saying of
a person without argument. And Abu Ma'aali al-Juwayni chose the
definition of taqleed 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 taqleed in
the manner of approximation.
b) And as for its categories along with the ruling of every category,
then it is as follows:
1) Taqleed by the one who has the skills of ijtihaad, to others from
the scholars after the truth has been made clear to him with confirmed
evidences from the Prophet (s).
This is not permissable for him to do taqleed to what contradicts that
which reached him from evidences and ijmaa' (consensus).
2) Taqleed 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 taqleed 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 sharee'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) Taqleed 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 sharee'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 taqleed to the one who differs with the sharee'ah of Islam from
the forefathers, leaders, and rulers, due to nationalism or following
desires.
This is prohibited by ijmaa'. And verily many texts from the Qur'aan
and Sunnah have been mentioned [in this]. And Allah, the Most High
said, 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]
Permanent Committee for Research and Verdicts
Shaykh `Abdul-`Azeez Bin Baz
Shaykh `Abdullah bin Ghudayaan
Shaykh `Abdur-Razzaaq al-`Afeefee
The Fataawaa of The Standing Committee for Islamic Research and Ifta,
No. 11296