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THE TAQLID AND ITS IMPACT TO THE CONTEMPORARY MUSLIM SOCIETY IN NIGERIA
BY Dr. Tambari Sidi Yusuf: Department of Islamic Studies, Shehu Shagari College of Education, Sokoto; E-mail: [email protected]
Dr. Tukur Abubakar: Department of Arabic Language, Shehu Shagari College of Education, Sokoto; E-mail: [email protected] & Shafa’atu Aliyu Barmo: College of Legal and Islamic Studies, Sokoto; E-mail: [email protected]
Abstract The role of religion cannot be sustained without some degree of scriptural exegesis or interpretation over time. Every believer who is incapable of engaging in ijtihad, is required to choose among the group of available mujtahid, and follow the jurist’s interpretation and judgment in all matters of law. This ‘emulation of another in matters of law’ is called taqlid. In return, believers are obligated to pay a religious tax to the jurist, where the proceeds are primarily used for the development of religious institutions and the funding of social services. In a rational choice framework, we analyze the interpretation of religious scripture as a public good problem. The emergence of taqlid imitation of the work of former scholars by later scholars was a major turning point in Islamic history. It created two classes of scholars, those who referred to the primary sources of the Shariah (the early scholars), and those that did not (the later scholars). This Paper focuses on the Conceptual exposition of Taqlid among contemporary Nigerian Muslims, particularly the paper gave emphasis on ijtihad, which is the main instrument of interpreting the Divine message and relating it to the necessities of the Muslim community in its aspirations to attain justice, salvation and truth. In addition to this, the attention in the paper is drawn to relevance of Taqlid to Muslim community. Keywords: Taqlid, Contemporary, Muslim and Society
Introduction All Praise is due to Allah, Lord of the Worlds, and peace be upon the greatest among the prophets and messengers, our master and leader Muhammad, and upon his righteous and pure progeny. The Messenger has said, “To Allah, the ink of the scholars is superior to the blood of the martyr” (Al-Jāmi' as Saghīr, Hadith 14582). The basis of any religion is its scripture. It constitutes the source of rules, rituals, philosophy, history and prophecies. For the most part, religions have highlighted the exogenous nature of scripture, as a set of doctrine time transmitted from God to humans, via messengers. For scripture to be classified as exogenous at any given time, the case has to be made that there exists a core content that is definite and unchanging1. The presentation or arrangement of the scripture in any accessible or stylized form should not alter the core content. It is also possible that the complete set of scripture evolves over time to include more sources, traditions and recorded events, in addition to the preserved core. Furthermore, some formative aspects of the scripture (such as a particular sequence of verses, a particular language, acceptable recitation methods and publication media) are considered to be sacred and may thus be included as part of this evolving core2.
The initial era of Islam produced many great jurists and legalists: men who not only possessed exceptional acumen, but who led profoundly spiritual lives too. These jurists have been described as ‘grammarians of the
1 Al-‘Alwani, Taha Jabir, “The Crisis of Fiqh and the Methodology of Ijtihad,” TheAmerican Journal of Islamic Social Sciences 8 (1991), p. 332, quoted in Kamali, Mohammad Hashim “Methodological Issues in Islamic Jurisprudence,” Arab LawQuarterly, Vol. 11, No. 1, Brill, 1996, pp. 3-33, p. 6; accessed online on 27 Aug. 2014,
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Divine Word’: explaining it, systemizing it and deriving new rulings from it. Out of these many jurists, four became renowned throughout the ummah. It was from them that four famous madhhabs, or schools of law, flowered and flourished: the Hanaf, Målik, Shåfi, and Hanbal schools of law3. In recent times, intense schisms have arisen over the issue of madhhabs and the layman’s relationship to qualified scholarship; the crux of which centres on four issues: (i) can a layman take Islam directly from the Qur’an and the Sunnah? (ii) Can a layman make taqlid of a qualified scholar: in other words, accept a scholar’s verdict without knowing the proof? (iii) Is it necessary for a layman to strictly follow one of these madhhabs to the exclusion of the others? (iv) Since there were more than four great jurists, why are there just four madhhabs; why not more?. It is in the hope of shedding some light on these questions, and in an attempt to reduce these schisms in our contemporary Muslim Community, that this paper was written.
Concept of Taqlid Scholars and linguists agree that the term taqlid has its etymology, its origin, in the Arabic word, qallada; which means: “To place a collar (qilådah) around the neck.”4 The reason it is termed as such is that the one making taqlid - the muqallid - resigns his affair to the one he is performing taqlid of. Thus he is, so to speak, like someone being ‘led by the collar. As for its religious meaning, the scholars of Usul al-fiqh: those who specialise in Islamic legal theory, define taqlid in various ways. One of the most widely accepted definitions is the one that Imåm al- Ghazål articulated. He says that it is: “Accepting the view of someone without a proof (qablu qawli’l-ghayr min ghayri ˙ujjah).”5
Taqlid literally means to follow someone, to imitate. But in Islamic legal terminology it means to follow a mujtahid in religious law and commandment as he has derived them. A mujtahid is a person who is an expert on Islamic jurisprudence. Some scholars define Taqlid as the acceptance by some Muslims of the opinion of the jurist as binding authority on them and to follow it without question is known as the doctrine of Taqlid 6.
Overview on “Ijtihâd” and “Taqlid Ijtihâd Linguistically, the word “ijtihâd” emanates from the root word “al-juhd”, meaning “exertion, effort, trouble or pain.” “Al-juhd” connotes exercising one’s capacity, ability, power, or strength in a correct and righteous manner.7 In the jurisprudential sense, it refers to the endeavor of a jurist to formulate a rule of law on the basis of evidence (dalil) found in the sources. (Peters, 1980:135) Besides, it has also been depicted as a "reconsidering" (Fazlurrahman 1962:12) or, most commonly, as "independent reasoning" (Schacht: 1979: 69) Speaking to either its technical or legal nature, a number of scholars have provided definitions of the term ijtihâd. For example, Saif al-Din al-Âmidî defined ijtihâd as the “total expenditure of effort in the search for an opinion as to any legal rule in such a manner that the individual senses (within himself) an inability to expend further effort” (Amidi, 1984: IV/169).
The word “ijtihâd” does not exist in the Qur’an, but in some versus the words “cehd” and “cuhd” are used with the same meaning of “ijtihâd” (Q, 5:53/6:109). In the prophetic narrations which are named by “hadiths”, the term ijtihâd was used by the meaning of “doing the best to reach the right decision.” (Buhari, Itisam, 13, 21; Muslim, Akdiyyah, 15)
3 Ibid 2 p. 4 4 Najm al-D•n al-T¥f•, Shar˙ Mukhtaßar al-Raw∂ah (Beirut: Mu’assasah al-Risålah, 1410H), 3:65. 5 Al-Mustaßfå min ‘Ilm al-Uߥl (Cairo: Maktabah al-Tijåriyyah, 1356), 2:387. 6 I M Bello, 2019 7 Zebîdî, 1307:II/329
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Ijtihâd in Islamic Legal Theory The principle of ijtihâd is considered by jurists to have roots in a Hadith, in a discourse between the Prophet and Muadh Ibn Jabal, a companion, on his way to al-Yaman as a judge. The Prophet asked him how he would decide matters coming up before him. "I will judge matters according to the Qur'an", said Muadh. "If the Book of God contains nothing to guide me, I will act on the precedents of the Prophet of God, and if it is not in that either, then I will make a personal effort [_jtihâd] and judge according to that". The Prophet is said to have been most pleased at the reply. (Tirmizi, Ahkam, 3, Ebu Davud, Akdiyyah, 11)
Some of the companions of the Prophet had appealed to the process or exercise of ijtihâd when a need arose in his absence.8 This practice continued in issuing fatwas after his death during the Khulafa-i Rashidin and the Ummayad period (al-Musâwî, 1985: 66-347) and was known as ijtihâd al-ra'y9, an expression that occurs frequently in this early period. Ijtihâd was linked with ra'y and was treated as a legitimate activity. The term carried the connotation of exerting one's efforts on behalf of the Muslim community and its interests.10
From the second century onward (eighth century CE) ijtihâd was gradually dissociated from ra'y. Muhammad Ibn Idris al-Shafi’i (d.821), the founder of the Shafi’i fiqh (school of jurisprudence), was the first to make a break from ra'y and adopted ijtihâd as a methodology synonymous with qiyas, analogical deduction,1 in his Risala2 which was the first book to be written on the principles of Islamic jurisprudence. However, his ideas were further developed by others. To explain and define ijtihâd further terms and categories like istihsan (finding the good by one's own deliberation) and istislah were introduced (determining what is in the interests of human welfare by one's own deliberations)11.
Conditions of Ijtihâd About the existence of God, the prophet hood of Muhammad and the authenticity of the Qur'an, ijtihâd must not apply. Ijtihâd does not carry out with respect to matters that have already been addressed in the Qur'an and the Traditions. However, sometimes, there occur situations which have been left undetermined by the first two sources, when jurists are called upon to make use of ijtihâd and determine laws applicable to them, or formulate new ones if necessary, in the light of the fundamental principles of Islamic jurisprudence and legislation12. However, to practice ijtihâd, scholar (Mujtahid) has to be equipped with certain qualifications. The question of who could or could not practice ijtihâd came under discussion, before the final formation of the positive law of the Sunni law schools. (Hallaq, 1984: 130) Abu’l- Husayn al-Basri (d.467/1083) in his “al Mu’tamad fi Usul al-Fiqh” was set out the qualifications for a mujtahid which can be summarized as (i) to be cognizant of the purpose of the sharia and (ii) its sources and methodology of inference13. They include: · “He should be competent in the Arabic language which allows him to have a correct understanding of the Qur’an. · He should have an adequate knowledge of the Meccan and Medinese contents of the Qur'an, the events surrounding their revelation and the incidences of abrogation (suspending or repealing a ruling) revealed therein. · He should have an adequate knowledge of the sunnah, especially those related to his specialization. He needs to know the relative reliability of the narrators of the hadith, and be able to distinguish between the reliable from the weak.
8 Mahdî, 1984:43-387 9 Schacht, 1979:37 10 Kamali, 2003: 468-474 11 See: Kamali, 2008:168 12 Doi, 2008:78 13 Amidi, 1984: IV/170
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· He should be able to verify the consensus -ijma-14 of the Companions of the Prophet, the successors and the leading imams and mujtahideen of the past, especially with regard to his specialization. He should have a thorough knowledge of the rules and procedures for reasoning by analogy (qiyas) so he can apply revealed law to an unprecedented case. · He should understand the revealed purposes of sharia, which relate to "considerations of public interest", including the five pillars protection of "life, religion, intellect, lineage and property. (Basri, 1964:II/85- 86) · He must practice what he preaches, that is he must be an upright person whose judgment people can trust. (Faruki, 1954: 1-12, 21-38)“
Emergence of Taqlid Taqlid has been defined as “indiscriminate imitation of others.” Taqlid in the sense in which this term is used here obliged scholars to defer to the works of their predecessors, rather than refer directly to the primary sources of the Shariah.15 It was expected that a Muslim “should follow one or the other of the established schools of thought and abandon his judgment in favour of interpretations of the earlier centuries.”16 Intellectual activity was reduced to making commentaries on commentaries. With the so-called closure of the door of ijtihad, the ulema resorted less and less to the sources of Shariah finding solutions to problems. Instead of addressing social issues and attempting new solutions the ulema of the later ages … occupied themselves mainly with elaboration … of the works of their predecessors.17
Taqlid may be practiced by a layman or a scholar. The common factor in both types of taqlid is that an appeal to authority takes precedence over reasoning based on evidence as the criterion for differentiating sound opinion from an unsound one. No human activity is immune from the practice of taqlid. It may be found in jurisprudence (usul al fiqh), interpretation (tafsir), or in other pursuits. As ijtihad (juristic reasoning) presupposes interpretation, it follows that the results of jurisprudence depend in a decisive way on the methodology of interpretation applied in the reading of sacred text. The institutionalisation of taqlid took place in stages. It narrowed the scope and diversity of Muslim intellectual inquiry18.
At first, ijtihad was prohibited. Then in the fifth and sixth centuries, scholars were restricted to tarjih, or giving preference to the opinion of one imam or another on questions of fiqh. But then tarjih was prohibited and scholars were restricted to choosing between rulings within a single madhhab.19 It appears that the practice of confining themselves to elaborating the works of their predecessors, without accessing the primary sources of the Shariah directly, distanced the later scholars from the first and foremost source of the Shariah, the Qur’an. This was a consequence of the adoption of a specific hermeneutical principle.
The principle in question required that participants in a school tradition … preserve loyalty to the tradition by taking into account the interpretative achievement of older masters … law had to be justifiable by reference to the continuity and established identity of the school. Muslim jurists were not, as individuals, in solitary and direct
14 see:Faruki, 1954:1-12,21-38 15 Nyazee, Imran Ahsan Khan Theories of Islamic Law: The Methodology of Ijtihad, Islamic Book Trust, Kuala Lumpur, 2002, p. 10 16 Ibid 17 Ibid p 10 18 Halstead, J. M. “An Islamic concept of education,” Comparative Education, Vol. 40, No. 4, Special Issue (29): Philosophy, Education and Comparative Education (Nov., 2004), Taylor and Francis Group, pp. 517-529, p. 526, accessed online on 23 August 2014,
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confrontation with revelation: they found their way back to the meaning of revelation through tradition.20 By obliging later scholars to access the primary sources of the Shariah through the eyes of former scholars, the practice of taqlid altered the relationship between the believer and the sacred text. The believer – whether scholar or expert – no longer enjoyed, as the early generations of Muslims did, direct access to the sacred text, but was expected to refer, and indeed to defer to the views of renowned scholars.21 No doubt, taqlid was introduced with good intentions. After all, even children learn first by imitating those older than themselves. Thus, some forms of taqlid – such as that applied in religious practices or ibadat – are not only acceptable but even necessary, especially in the case of the vast majority of ordinary Muslims. Yet even a child has to grow up at some point, and stop depending on his or her parents. The fact that a young person no longer needs to “imitate” his or her more knowledgeable peers is a sign of maturity. Such a person knows the reasons for his or her actions and is also broadly aware of their consequences. Such a person thereby becomes responsible for his or her actions.
Taqlid was introduced in part as an answer to the growing plurality of opinions and a desire to put an end to the proliferation of debates and disagreements about what precisely constitutes Islamic law.22 There may have been a perceived need to codify the law and introduce a degree of uniformity into it and in that way to make it easier to administer it, especially by less knowledgeable judges.23 However, taqlid is problematic for several reasons. First, simply following – without reflection – the religion of one’s forefathers is censured in the Qur’an in several verses, namely in 5:104-5, 17:36, 21:52-54, and 43:22-24. Moreover, the uncritical acceptance of the views of former scholars departed from the tradition of ikhtilaf (differences of opinion) that characterised the early generations of Muslims. For the ummah, taqlid represents a blameworthy innovation (bid’ah) No researcher or scholar has ever found a valid text from either the Qur’an or the hadith, or even an argument based on pure reason, to support Islam’s approval of taqlid, for the very idea is alien to Islam’s view of humanity. The teachings of Islam clearly state that all assertions must be supported by either verifiable evidence or proof if such conditions cannot be met the assertion is to be rejected.24
Despite worthy efforts by renowned institutions of higher learning such as the University of Al Azhar, going back for decades if not longer, taqlid continues to be practiced in several parts of the world. In India, for example, “Hanafi jurists have long argued as did many of those belonging to the other schools of Sunni law that all continuing legal reflection ought to take place within the parameters of the school, in strict conformity to the methodological principles articulated and 25agreed upon by the earlier masters.”26 The practice of taqlid also persists in some institutions in Pakistan. For example, “The ulama of Deoband not only adhered to the Hanafi school, but also insisted that any deviation from taqlid was a serious matter of concern and must be confronted because it was no less than bida’t (innovation). To the Deobandis, the gates of ijtihad were firmly closed.”27
20 Calder, Norman, Joseph A. Kéchichian, Farhat J. Ziadeh, Abdulaziz Sachedina, Jocelyn Hendrickson, Ann Elizabeth Mayer and Intisar A. Rabb, “Law,” Oxford Encyclopedia of the Islamic World, Oxford Islamic Studies Online, accessed on Jan 5, 2015.
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The adoption of taqlid was justified by the claim that the earlier generations of Muslims had a better understanding of Islam than the later generations. The better understanding was due to the closer proximity of the earlier generations to the prophet (pbuh). This resulted in the perception that “the sayings and opinions of the salaf (predecessors) are nothing short of sacred. This is especially true in regard to the understanding, ijtihad, and interpretations of the salaf some of which have been elevated by the traditionalists to the status of revelation itself.”28 One result is that “in our traditional institutions” the authority of past scholars “is elevated to the level of the prophet (pbuh) and sometimes even above it.”29 Another result is that “The word of the Imam of the Madhhab is occasionally followed in defiance of the world of Allah (s.w.t).”30
Taqleed of Individual During theTime of the Companions and Their Followers Companions did not make Taqleed rigidly adhering to one scholar in all issues but rather the Companions approached different scholars and adhered to the disparate Fatwas, which were received from the different scholars amongst the Companions. This is normally referred to as Taqleed in general. There are abundant references to Taqleed of a particular individual in the books of Sunnah31. A few examples are offered below. Imam Bukhari narrates from Ikrimah that the people of Madinah asked Ibn Abbas about a woman who – during Hajj – makes her first Tawaaf and then enters her menstrual period before she can make her final Tawaaf. Ibn Abbas told them that she could go home without completing her final tawaaf. The people of Madinah said: “We will not take your opinion over the opinion of Zaid ibn Thabit.” This narration is found in the Mu’ajjam of Isma’ili from Abdul Wahhab Thaqafi,32 The words of the people of Madinah in this narration are: “We do not care whether you give us this Fatwa or you don’t. Zaid ibn Thabit hold the opinion that this woman should not go home [but wait until she is able to complete the final tawaaf].”33
Also, this narration is found in the musnad of Abu Dawood Tayalisi from Qatada where the words of the people of Madinah are: “We will not follow you, O Ibn Abbas as you go against the opinion of Zaid.” Ibn Abbas replied: “Ask your companion Umme Saleem when you reach Madinah [Whether my opinion is correct or not]34” Two points are clear from this dialogue between Ibn Abbas and the people of Madinah. The first is that the people of Madinah regarded and followed Zaid ibn Thabit as an authority. His opinion was given preference over any other scholar. In fact, the narration in the Mu’ajjam of Ismai’ili tells us that Ibn Abbas gave the people of Madinah proof of his Fatwa by referring them to Umme Saleem. The people of Madinah met with Ibn Abbas again and informed him that the Hadith (from Umme Saleem) was as he mentioned.35
Despite this proof, the people of Madinah still maintained that they trusted the opinion of Zaid ibn Thabit and his statement was proof enough. Ibn Abbas did not object to this behaviour from the people of Madinah. He did not approach the people nor has anything different been narrated. He instructed them to return to Zaid and confirm the ruling with Umme Saleem. Zaid did confirm the opinion of Ibn Abbas with Umme Saleem and retracted his previous opinion. The latter part of the narration is confirmed in the books of Muslim, Nisaai, Baihaqi and others [Fathul Bari – vol. 3, page 468/469] Certain quarters contend that if the people of Madinah were among those who practiced Taqleed, why did they bother to confirm the Hadith from Umme Saleem?[ Tahreeke Azade Fikr, by Maulana Ismail Salfi – page 132]. This contention is based on the misunderstanding that while making Taqleed of
28 AbuSulayman, AbdulHamid, Crisis in the Muslim Mind, p. 36. 29 Badawi, M.A. Zaki “Islamic Studies in British Universities: Challenges and Prospects,” in Islamic Studies in World Institutions of Higher Learning, Islamic University College of Malaysia, 2004, p. 9 30 Ibid p 9 31 Mufti Mohammed Taqi Uthmani (2013): The Legal Status of Following a madhab: Part Two, The Era Of The Companions and Absolute Taqleed 32 Fathul Bari – vol. 3, page 468 and Umtadul Qari – vol. 4, page 777] 33 Ibid 34 [Abu Dawood Tayalisi in his Musnad – page 229] 35 Umtadul Qari – vol. 4, page 777
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a certain Mujtahid, continuing research into the Quran and Sunnah is somehow forbidden or dormant. Those who reject Taqleed base many arguments on this misconception. The nature of Taqleed in essence is that a person who does not have the immediate tools to derive Hukm Shari’ah from the Qur’an and Sunnah directly relies upon the opinion of a Mujtahid and acts upon it. The concept of Taqleed does not hinder seeking knowledge of the Quran and Sunnah. This seeking of knowledge continues even whilst practicing Taqleed. For this reason hundreds of scholars – who practiced the Taqleed of an individual – continued to write commentaries of the Quran and Sunnah and expand their scholastic horizons. If during research an opinion of a certain Mujtahid was conclusively proven to be against the Quran and Sunnah, the “unsound” opinion would be relinquished and the stronger evidence would be adopted36.
If a Muqallid (someone who follows a Mujtahid) finds that the opinion of his Imam is contrary to a Hadith, this is not necessarily antithetical to Taqleed. The narration in question, rather, proves that both Taqleed and constant examination and re-evaluation of primary evidence were both in vogue simultaneously. The people of Madinah took counsel from Zaid who confirmed the Hadith with Umme Saleem and retracted from his original position. This approach enabled reconciliation between a confirmed Hadith and the opinion of an Imam, but the key to this narration is the firm stand of the people of Madinah37: “We will not take your opinion over the opinion of Zaid ibn Thabit” If this is not following (making Taqleed of) an individual, then it begs the question what is? Imam Bukhari has narrated from Huzail ibn Shurahbail that some people asked Abu Musa Al-Ash’ari a question on inheritance. Abu Musa replied advising them to ask Abdullah ibn Mas’ood. They did so and Abdullah gave them an answer, which was very different from that of Abu Musa. When Abu Musa heard of Abdullah’s Fatwa, he acknowledged his learning and said: “Do not ask me anything as long as this great scholar is present amongst you.”
The fact that Abu Musa acknowledged the superior knowledge of Abdullah ibn Mas’ood and then actually instructed others to ask him all their questions concerning the Deen, is in fact a mandate for following an individual. Certain quarters contend that although Abu Musa instructed people not to follow him as long as Abdullah was present, this does not necessitate that he prevented them from asking other Companions who were still present. Abu Musa was merely emphasizing that since Abdullah is more knowledgeable than myself; people should refer to him in all matters. The answer to this contention is that this incident occurred in Kufa during the time of Uthman where Abdullah ibn Mas’ood was the established scholar. As of yet Ali had not arrived in Kufa. So of the understanding of Abu Musa’s statement is merely that “when a superior scholar is present, why go to a lesser scholar?” then it still refers to the fact that Abdullah should be followed in Kufa since there was no one who could match his knowledge. A narration in the Mu’ajjam of Tabarani tells us that Abu Musa was asked a question about suckling and he made a similar statement: “Do not ask me while this (scholar) from the companions of the Prophet is present amongst us.” So it is clear that the circumstances and environment under which Abu Musa made this statement supports the idea of following a specific individual. Taqleed of a specific individual was not unfamiliar to the Companions.
Imam Tirmidhi and Imam Abu Dawood have both narrated that when the Prophet sallalahu alaihi wa sallam sent Mu’adh ibn Jabal to Yemen (as a governor), he asked him: “How will you judge if you are asked to do so?” Mu’adh said: “I will judge according to the Book of Allah.” The Prophet: “And if you do not find it in the Book of Allah?” Muadh: “Then I will judge according to the Sunnah of His messenger.” The Prophet : “And if you do not find it in the Sunnah of the Messenger, or in the Book of Allah?” Muadh: “Then I will exercise my opinion and I will not be negligent with it.” The Prophet then patted the chest of Mu’adh with his hands and said: “All praise is due to Allah Who has guided the emissary of His Messenger towards that which He guided His Messenger.”[ Abu Dawood in the chapter of judgements by opinion] The Prophet Muhammad (SAW) sent one of the best scholars
36 Mufti Mohammed Taqi Uthmani (2013): The Legal Status of Following a madhab: Part Two, The Era Of The Companions and Absolute Taqleed 37 Ibid p 3
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from amongst the Companions. He appointed Mu’adh RA as a governor, judge, mentor and Mujtahid for the people of Yemen and ordered, him to be followed. He allowed him, not only to give Fatwas based on the Qur’an and Sunnah, but also to use and exercise his own judgment. It is clear that the Prophet sallalahu alaihi wa sallam decreed the people of Yemen to practice Taqleed of an individual.
A certain critic – who has labelled myself and others who practice Taqleed as infidels – has written the following comments: “before offering the hadith as a proof, perhaps he should have examined whether the hadith was sound or not”38, Then, the above mentioned critic has quoted the famous objection stated by Shaykh Zurqaani from the footnotes of Abu Dawood. Perhaps the person in question himself would like to observe how – in the process of condemning Taqleed – he has used the principle of taqleed himself by quoting Shaykh Zurqaani’s objection to the hadith as sufficient proof against my argument. Morever, he seems to have found it sufficient to quote the footnotes of Abu Dawood in arguing in the integrity of the Hadith. If anything, perhaps he could have read and summarised the comments Ibn Qayyim has made on this hadith refuting Zurqaani’s objections. Ibn Qayyim has argued that none of the transmitters of this hadith have been classified as liars or as weak. Their memory and integrity have not been questioned at all. Besides, there is another chain from Khatib of Baghdad which links us directly to hadith of Mua’adh RA whose narrators are all known as authentic and reliable. Also, the Ummah’s acceptance of this hadith is a very important factor in seeing the authenticity of the hadith.39
To argue that this Hadith deals with judicial practices and not with Ijtihad and Taqleed[as mentioned in Tahreeke Azadi Fikr, by Muhammed Ismail] is misguiding. Aswas ibn Zaid said that Mu’adh ibn Jabal came to us in Yemen as a teacher and as a governor. We asked him regarding how the inheritance should be distributed of a man who had died leaving behind a daughter and a sister. He ruled that both the daughter and the sister should receive half each.40 Here Mu’adh RA ruled as a Mufti and did not offer any proof for his ruling. His view was implemented by merely accepting and following it as in Taqleed. However, even though Mu’adh RA did not offer any explanation for his ruling, his opinion was based on the Qur’an and Sunnah. There is another Fatwa of Mu’adh RA in which he used his discretion and exercised his Ijtihad. Abu Aswad Al-Dailami said that when Mu’adh RA was in Yemen, people came up to him with a case of a Jew who had died and left a Muslim brother him. Mu’adh said: “I have heard the Prophet sallalahu alaihi wa sallam say that Islam increases (gives) and does not decrease (take away).41”
So Mu’adh then ruled that the Muslim should inherit from the Jew.42 Here Mu’adh RA used a Hadith whose background had nothing to do with inheritance, but still used it to form an opinion which was accepted and followed by the people of Yemen. It should be noted that this ruling was Mua’dh’s own conclusion. The opinion of the majority of other Companions is based on a hadith which says that a Muslim does not inherit from a non- Muslim. There is yet another incident which has been narrated in the Musnad of Ahmed and in the Mu’ajjam of Tabarani which says that when Mu’adh came to Yemen, a woman from Khaulan met him and offered salaams to him. “O dear man! Who has sent you?” she asked him. “The Prophet sallalahu alaihi wa sallam has sent me” replied Mu’adh. “The Prophet Muhammad (SAW) sent you so that makes you the messenger of the Messenger of Allah.” “So won’t you inform me of Islam O’ messenger of the Messenger?” she continued “Ask me what you wish,” replied Mu’adh43.
38 At-Tahqeeq fi Jabawab Taqleed: Page 47 39 Ilaamul Muq’ieen vol.1 page 172 40 Bukhari vol. 2, page 99 41 Ibid 42 Musnad of Ahmed: vol. 5, page 230 and 236 Hakim has also narated this Hadith and classified as sound even though Bukhari and Muslim did not narrate it. Dhahabi said that it is a sound hadith (Mustadrak of Hakim vol. 4, page 345 43 Al-Haithami in Majma’us Zawaid vol.4 page 307/308. Also Ahmed and Tabarani from the narration of Abdul Hamid ibn Bahraam from Shahar who were known to weak, but they also have been authenticated
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It is clear that Mu’adh (RA) was sent as a representative of the Prophet (SAW). People would ask of him questions about Islamic issues and he would answer. The above mentioned woman verified his status and then proceeded to ask him questions. Mu’adh RA obliged her and answered her questions. One of her question was “What are the duties of a wife towards her husband?” In reply to this question, Mu’adh RA did not quote the Quran nor Hadith, but merely explained the broad Islamic principles. He did not offer any proofs for his answer. After all, Mu’adh RA is the one about whom the Prophet (SAW) said that he was the most informed of what is Halal and what is Haram.44 The Prophet sallalahu alaihi wa sallam also said: “Mu’adh will be raised on the Day of Judgment far ahead of Scholars to a distance that one can shoot an arrow”.45
Not only did the people of Yemen follow Mu’adh RA, but so to did other Companions. Abu Muslim Khaulani said that he went to the mosque in Damascus and saw a group of Companions gathered there (and in the narration of Kathir ibn Hisham,[Musnad of Ahmed vol. 5 page 236] there were close to 30 Companions of the Prophet sallalahu alaihi wa sallam ). Among them, there was a young man whose eyes had antimony in them and who had white teeth. Each time they differed in an issue, they would refer to the Young man. Abu Muslim asked who the young man was and he was informed that it was Mu’adh ibn Jabal.[ Ibid] In yet another narration of this incident, the words are: “And whenever they differed in an issue, they would refer it to Mu’adh and accept his decision as final.”46 Mu’adh ibn Jabal RA was among those Companions RA who were scholars and about whom the Prophet sallalahu alaihi wa sallam said that: “the most informed about what is Halal and what is Haram.” He was also followed by several other Companions. The Prophet sallalahu alaihi wa sallam sent him to Yemen as a governor, judge and as a scholar whose opinion should be listened to and followed.
Likewise, the Tabi’een followed individual Companions. The following are some examples: Imam Sha’bi said: “Whoever wishes to take an authority in rulings and judgments should apply the statements of Omar RA.”47 Imam Mujahid said: “When people disagree about an issue, they should see what Omar RA did and accept it.”48 Imam Aa’mush said about Ibrahim al-Nakha’i: “Ibrahim did not consider anybody’s opinion to be better than Omar RA and Ibn Mas’ood RA when they both agreed upon an issue. When they disagreed, Ibrahim would prefer Ibn Mas’ood’s opinion over Omar’s”[ Ibid Page 13 and 14] Abu Tamimah said: “We came to Syria and found people were forming an entourage around one person. I asked someone who this person was and he told me that he was the most learned of the Companions of the Prophet sallalahu alaihi wa sallam and who was still alive. He was Omar al-Bakkali RA”.49
Imam Ibn Jarir Tabari said: “No scholar had students who wrote his Fatwas and arranged his views in Islamic except for Abdullah ibn Mas’ood. Even Abdullah used to forsake his view completely and give preference to Omar if he disagreed with him, but they disagreed very infrequently.” Sha’bi said, “Abdullah did not recite the Qunut in Fajr. Omar had recited the Qunut, then Abdullah would have most definitely recited it also.”50 The several examples provide ample evidence of following one particular individual during the illustrious era of the Companions RA. There are various degrees of Taqleed. These differ with the qualifications of a person. Following one particular Imam does not exclude the possibility of deferring to another in different issues. This would not impede the general permissibility of following or making Taqleed of an individual. For example, there are issues where Hanafi scholars have not applied the view of Imam Abu Hanifa and have in fact given Fatwas contrary to the Imam’s. However, they are still considered as followers of the Hanafi School of jurisprudence.
44 Nisaai; Tirmidhi and Ibn Majah – all with sound narrators (Tadeebul Asmaa wal Lughaat by Nawawi vol 1, page 99 45 Musnad Ahmed from Omar RA (Fathur Rabbani: Vol 21, page 352 46 Ibid page 233 47 Ilaamul Muqi’een vol.1, page 15 48 Ibid 49 Ibid page 14 50 Ibid page 16
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This issue will be elaborated upon under the discussion and its various degrees. Shaykh Ibn Qayyim Al Jawziyya has used these very examples to show the fallibility of Taqleed.51
The argument for Taqleed is correspondingly advanced by the very same Ahadith[Maulana Habib Ahmed Kiranwi has in his work “Inhaa us sukoon”, the Introduction to ‘Ilaanus sunan 52giving satisfying answers to the arguments raised by Ibn Qayyim] employed by Ibn Qayyim Al Jawziyya. The narrations above conclusively prove that both forms of Taqleed: absolute Taqleed (or Taqleed in general) and Taqleed of an individual both existed during the time of the Companions RA. The truth is that both forms of Taqleed are sanctioned and permissible for those who cannot extract rules directly from the Qur’an and Sunnah. Shah Waliyyullah of Delhi writes: “The criticism against Taqleed does not apply to the person who acknowledges that he should follow only the Prophet’s (SAW) statements, that is to say what Prophet Muhammad (SAW) made halal and what he made haram. Since this person does not possess the knowledge enumerated by the Prophet sallalahu alaihi wa sallam and is not capable of reconciling apparent contradictions, nor does he have a structured method of extracting rules from those statements, he should follow a righteous scholar assuming that he is right in his opinion, provided that the scholar follows the Quran and Sunnah and give Fatwas based on them. However, if this assumption of the follower is found to be wrong, he must withdraw from following that scholar immediately without any questions of debates. How can anyone doubt this line of thinking since the practice of asking for Fatwas and giving Fatwas has been in vogue from the time of the Prophet (SAW).
Why the Four Schools of Thought? This begs the question: if following one particular Mujtahid is indispensable, why the need to restrict Taqleed to only the four schools of thought? Several great Imams and Mujtahids have occupied the pages of Islamic scholastic history such personages as Sufyaan Thauri, Imam Awzaa’i, Abdullah ibn Mubarak, Ishaq ibn Rahwaih, Imam Bukhari, Ibn Abi Layla, Ibn Sibrimah, Hasan ibn Saleh and many others. Are all Mujtahids not equally qualified to be followed? Such a contention is valid in principle, but rather, it is not effectively possible. The schools of thought of the Mujtahids mentioned above are not systematically documented. Had their schools been formally codified and structured similar to the major four schools, then there would be no hindrance to following them. Unfortunately, their schools do not exist formally, nor have the original sources of the schools survived. To follow such schools would therefore prove difficult. Shaykh Abdur Raouf Manawi, the famous scholar of Hadith, has quoted Hafiz Dhahabi: ”We should believe that the four Imams, the two Sufyaans [Thauri and Ibn ‘Uyainah], Awzaa’i, Dawood Zahiri, Ishaq ibn Rahwaih and all other Imams were correct. The non-Mujtahid should follow one specific school. It is not permissible to follow the Companions, nor their followers – as stated by the Imam of the Two Holy Mosques – since their schools are not documented or organised. In court rulings and in giving Fatwas, it is not permissible to follow a non-documented or a non-organised school. Also, the following of the four schools has flourished and has been refined to the extent that absolute terms have become specific and their general words have become defined. This is unlike the other schools where their followers have disappeared. Imam Razi has quoted that it is the consensus of the scholars that a lay person cannot follow the Companions and their Companions.”53
This point has been discussed by Imam Nawawi in the following words: “Although the knowledge and status of the Companions and their Companions is far superior than that of scholars who came after them, it is not permissible for any to follow their schools of thought. This is because they were not able to neither document their Fatwas nor arrange principles and details of their schools of thought. None of the Companions (or their followers) formed a structured school of law. This structuring was done by scholars who came after them who, being themselves ardent students of their predecessors, took on the task of formulating premises and rules of
51 Ibid vol. 2, page 170 52 vol. 2, page 4-69 53 Faidul Qadeer, the commentary of Jami Sagheer by Manawi: vol 1, page 210
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extrapolating and extracting laws before the incident occurred.54” Taqleed being restricted to these four schools of thought has been explained by several great scholars. At this point, however, we would like to draw attention to two scholars in particular. The first is Imam Ibn Taymiyah and the second is Shah Waliyyullah. Their opinions will be quoted since even those who do not agree with the concept of Taqleed hold them in great academic standing.
Ibn Taymiyah has written in his book of major Fatwas: “There is no difference, as far as the Qur’an and Sunnah is concerned, in following one Mujtahid and not others. So Malik, Laith ibn Sa’d, Awzaa’i, Thauri were Imams of their times. Following any of them is permissible55. No Muslim can say that it is permissible to follow one but not the other. However, if anyone has not allowed following any of these scholars in our times it is for one of the following two reasons. There remains no one who knows that particular Imam’s school of thought. This would render that particular scholar [or his school of thought] dead. There is the famous difference of opinion regarding following a dead school [meaning a school of thought erased by time]. Following these Imams today is like following a dead person, which is not allowed. It would only be valid if knowledge of his school existed. The second reason would be to say that the consensus of scholars has determined that the opinions, which oppose those of these scholars, prevail today. If some scholar whose school is still alive today conforms with the opinion of those Imams whose schools do not exist today, then definitely, their opinions will be used as collaborating and secondary evidence.”56
Shah Waliyyullah, has allocated a whole chapter to this discussion in his book: “Iqdul Jeed” and called it: “The Chapter of Emphasising following one of these four schools of thought and denouncing the idea of forsaking them.” He started the chapter by saying: “You should know that following these four schools has tremendous public advantages and benefits. Forsaking them is wrought with mischief and harms. We will explain this with many inferences”57 He then goes on to explain the many reasons which we will paraphrase in points instead of translating a very lengthy passage. It is incumbent to rely upon the early predecessors if one is to understand Islamic law. The only way for us to do this is either to determine that the statements of the predecessors have been transmitted to us via sound chain of narrators or to read their statements, which are documented in reliable books. It is necessary to establish that these statements have actually been trusted and used by other scholars.
Consequences of Taqlid The adoption of taqlid had a number of adverse consequences. First, it contributed to a decline of critical reason. 58“The persistent decline of critical reason among Muslims is due partly to the notion that the exercise of personal judgment and ijtihad ceased with the epoch-making works of the legists and imams of the past.”59 A decline of critical reason carries a number of risks. As “tradition” evolves, new ideas are added to it in the form of scholarly contributions. Yet there is no guarantee that all such contributions will faithfully reflect, and be consistent with the fundamental teaching of Islam as recorded and transmitted in the Qur’an. The application of critical reason is also vital to the well being of the individual. It is unlikely that a person could attain to faith without the use of the intellect, required in acquiring and applying knowledge, whether revealed or otherwise. The Qur’an consistently
54 Mufti Mohammed Taqi Uthmani (2013): The Legal Status of Following a madhab: Part Two, The Era Of The Companions and Absolute Taqleed p. 2-3 Source: https://sunnahmuakada.wordpress.com/2013/01/20/the-era-of-the-companions-and- absolute-taqleed/ 55 Ibid p. 8 56 The Major Fatwas of Ibn Taymiyyah: vol.2, page 446 57 Iqdul Jeed: page 31 58 Kamali, Mohammad Hashim “Reading the Signs: A Qur’anic Perspective on Thinking,” p. 161.
59 Id, p. 158.
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exhorts people to use their intellect (‘aql). It is likewise unlikely that, after acquiring it, a believer would be able to maintain his or her faith without the continued use of his or her intelligence60.
The view that a commitment to faith somehow requires a person to abandon the use of his reason may be a result of a misunderstanding of attaining religious consciousness. A commitment to “faith” properly understood does not require the believer to abdicate the use of his reason. On the contrary, a commitment to “faith” requires the engagement of the intellect not only at a basic (empirical) level but also at a higher (intuitive) level. At the basic level, sense perception alerts the believer to the visible “signs” (ayat) of God. The intellect in turn draws the necessary conclusions from this perception. At the higher (intuitive) level, the intellect or more precisely what the Qur’an calls the “heart,” enables the believer to grasp the reality that lies beyond the totality of what can be accessed by mere sense perception61. A major consequence of the adoption of taqlid was that “The creative impulse of Islamic thought suffered setbacks as a result.”62 In this way, “the door to independent legal thought was shut and then barred.” Later generations of scholars were expected to follow the views of the former generations of scholars.63 Taqlid also contributed to the rise of fatalism (jabr): it became increasingly common for political leaders to seek justification for their mistakes and aberrations by citing this doctrine [of fatalism]. Quite simply, if their actions and decisions had been determined beforehand, they could not be held accountable for them, and their subjects could have no justification for rising in revolt against them. In effect, it gave them a carte blanche to rule the ummah as they saw fit. As it was to their advantage, many rulers and court-supported scholars favoured it despite the opposition of the traditional ulama64.
Taqlid thus cleared the way for fatalism, which in turn prepared the ground for tyranny, injustice and despotism.65 Taqlid also altered the conception of what constitutes knowledge. This alteration resulted in a marginalisation of worldly knowledge and the prioritisation of religious knowledge.
Conclusion The Islamic civilisation rose to prominence on account of the guidance contained in the Qur’an. This guidance was elaborated and extended to apply into various walks of life by various scholars and other leaders over the centuries. The practice of requiring later scholars as well as students to look for the meaning of the Qur’an primarily if not exclusively in scholarly commentaries, meant that the later Muslims came to obtain guidance from sources other than those which provided guidance to the earliest generations of Muslims.
Suggestions 1. Reliance on the work of past scholars needs to be reduced. 2. Taqlid needs to be overcome and the reliance on the works of past scholars needs to be reduced. Reliance on rote learning should also be reduced and critical and inquisitive thinking should be encouraged.
60 Al-‘Alwani, Taha Jabir, “The Crisis of Fiqh and the Methodology of Ijtihad,” The American Journal of Islamic Social Sciences 8 (1991), p. 332, quoted in Kamali, Mohammad Hashim “Methodological Issues in Islamic Jurisprudence,” Arab Law Quarterly, Vol. 11, No. 1, Brill, 1996, pp. 3-33, p. 6; accessed online on 27 Aug. 2014,
64 Ibid p 33 65 Al ‘Alwani, Taha J. “Taqlid and the stagnation of the Muslim mind,” p. 522.
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3. A balance in the pursuit of modern knowledge and religious knowledge needs to be re-established. The duality between them should give way to the unification of religious and modern forms of knowledge. 4. Students should be expected to with minimal supervision by the teacher and make presentations of their research in class.
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