Understanding Taqleed & Necessity of Following One Madhab

Table of Contents

1      Preface. 2

2      Introduction. 4

3      Defining Taqleed. 4

4      A Common Misconception in Regards to Taqleed. 6

5      In What Matters is Taqleed Made. 7

6      Why Can’t a Layman Understand Quran/Ahadith & Judge Evidence?. 7

7      Evils of Discarding Taqleed. 9

8      The Concept of Taqleed in Quran. 10

9      Concept of Taqleed in Ahadith. 12

10    Taqleed in the Era of the Companions of Prophet 14

11    Taqleed-e-Shaksee (Individual Taqleed) in Era of the Companions and Their Followers. 16

12    Limiting Taqleed to Following of Four Schools. 19

13    How Every School of Thought Is Said to Be Correct Despite of the Differences in Rulings?. 20

14    The Need for Following a Particular Madhab. 22

15    Classification of Mujtahids and Their Levels. 26

16    Conclusion: 27

17    The Last Word. 28

18    Objections & Clarification. 29

18.1   The Statements of Mujtahid Imams - Smite the opinion against the wall and practice the Hadith/Source  29

18.2   Salafi’s follow sahi hadith, whereas when hanafis are presented a hadith they deny to follow: 31

18.3   Imam Abu Hanifa  was not a Muhaddith (hadith expert), many hadith did not reach him. 32

18.4   The Following of Forefathers is Condemned in the Qur'an. 33

18.5   The Condemnation of Taqleed of Savants and Sages. 33

19    Imam Abu Hanifa and his knowledge of Ahadith. 35

1       Preface

Much has been written on the subject of "Taqleed and Ijtihad” or following a certain school of thought (Madhab). In fact, we could add nothing further to this vast subject. However, noticing the growing turbulence in Islamic world, and the effect on the innocent minds, we thought it will be help full for the e-generation to gather all the required information in one place in order for a summarized and better understanding of “Necessity of Taqleed”.

Many youngsters due to lack of correct understanding taqleed, find themselves accepting things as and when it comes to them, they go with the flow & take the direction of the waves they or exposed too.

These days we see lot of people prefer to say “I am not a Shafi, I am not a Hanbali, I am not a Hanafi, I am not a Maliki, I am not a Sunni/Sufi, I am not a Shia, I am not an Ahmadi; I am just Muslim & I follow the Quran and Sunnah, I am what the Quran asked me to be” considering it to be more wise, yes it sounds very wise, united and knowledgeable and so is to say I am not a Muslim, not a Hindu, not a Sikh & not a Christian it sounds more united and human, a thinking out of the box & representing equity. This is good when it comes to humanity but when it comes to believes & once you understand the dynamics of Deen, you can easily foresee and experience tremendous flaws in such an approach to Deen. Where you fall in the above is what defines you and your beliefs in Islam, and without the correct beliefs everything you do is probably in vain.

The Messenger of Allah (peace be upon him) clearly stated that the Ummah will divide into 73 sects; we are all Muslims, but everyone has their own interpretation to what that means. This is the nature of man that something as powerful as religion cannot be left alone, becoming a means to an end and ultimately leading to division. So let us accept that instead of living in a myth of having a unification bloc in terms of beliefs, let us be wise and take heed from what the Prophet (peace be upon him) declared. Only once we do that we can further delve into finding a solution to this problem; nothing to cure if there is no disease right?

The next step; the Prophet (peace be upon him) instructed us to be with the majority of Muslims as clearly stated in hadiths from Bukhari, Abu Dawud, Mishkat and Tirmidhi - “One who separates oneself from the Jamaat (of Muslims) even a hand-span, will die a death of ignorance.” – [Sahi Bukhari, Book of “Afflictions and the End of the World:88”, Hadith 176/177, ibid- Book of Judgments (Ahkaam):89, Hadith257]

“He who separates from the main body (of the Ummah) by even a hand’s breadth from the community he throws off Islam from his neck.” – [Abu Dawood, Kitab Al-Sunnah 40, Hadith 4740]

“Verily my Ummah would not agree (or he said the Ummah of Muhammad) would not agree upon error and Allah’s hand is over the group and whoever dissents from them departs to Hell.” – [Tirmidhi Hadith 57]

Now Muslims, throughout the majority of the history of Islam, have adhered to one of the four Sunni systems of Jurisprudence, what we call Madhabs, namely Hanafi, Maliki, Shafi’i and Hanbali, who have held the tenets of faith as laid out by either the Ashari or Maturidi schools; in essence they link up to the same chain. These are not sects, as a large number of people may think nor are they different from one another in core beliefs, instead they are valid interpretations of the primary sources of our religion, which were then followed by majority of Muslims throughout history, including the most learned scholars, the pious saints, the wise sages, the men who were rulers and the layman like me and you who possess no knowledge. Allah SWT tells us in the Quran to obey and follow authority in clear terms.

“O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination.” – [Surah Nisa 4:59]

The Prophet (peace be upon him) has also clearly indicated following authority in Islam, one example is this Hadith related in Bukhari - “Hold on fast to the Jamaat (of Muslims) and their Imam” – [Gist- Sahi Muslim, Book 020, Kitab Al Imara, Hadith 4553]

The learned practitioners of the four Madhabs accept that each is a valid interpretation of the primary sources, Quran and Sunnah, so all their rulings are derived from the Quran and Sunnah solely; there is a major perception amongst people of these rulings being derived from individual perspective, however, they are derived through consensus of scholars and what the people in that particular region practiced e.g. Maliki represents the practice of Madinah, all linking back to the Quran and Sunnah. Difference of opinion on details within acts of deen is positive, it highlights wisdom amongst our scholars and it needs to be cherished not shunned. However, we have given it a light of conflict and contradiction, which is not the case, they are all the same, but the key here is that they share the core beliefs that define Islam, saying Ameen loudly or silently does not define Islam, neither does locking your arms in salaah below the waist or at the chest.

You need to understand the history of each group, who they are, what they believe in and what principles they follow. The one who says that I only follow what is in the Quran and Sunnah is delusional, because all of the 73 sects will say we follow the Quran and Sunnah, so how are you any different? Yes, we can take a Hadith and Ayah of the Qur’an for personal edification and spiritual benefit, but then to try and derive rulings on various matters will undoubtedly lead us astray resulting in negative consequences for our Iman and the state of Iman of others around us.

To do this you need to have mastered the Arabic language and all its complexities; this is not learned in a few months, you have to be devoted to the language for decades to get any understanding of it. Even Imam Shafi, one of the most learned in the Arabic language, wished he had spent more time studying Arabic than anything else, because he still couldn’t get a grasp of it. So how do you expect to surpass him?

Once you have mastered Arabic, you need to have an in-depth knowledge of the Qur’an, including the history of where every Ayah was revealed, why and context of revelation for each Ayah and Surah. There are Ayah which abrogate and those which are abrogated or are restricted in meaning by others; there are many other technical aspects of Qur’anic interpretation that need to be understood, which again requires decades of study.

With regards to Hadiths, one of the greatest Hadith scholars of Islam, Abdullah ibn Mubarak said “Were it not for [Imam] Malik and [Imam] Al-Layth [two fuquha (jurists)], I would have been ruined. I used to think that everything that is ‘attributed’ to the Prophet (peace and blessings be upon him) is applicable [obligatorily].” This is a warning from someone who was a giant in Hadith scholarship, someone who lived and breathed Hadiths, that Fiqh (jurisprudence) is what we take and not hadith. Jurisprudence, by its nature is open to interpretation within broad interpretive parameters, and this is a job for Jurists, not for the likes of us.

The reality is we are spending overwhelming efforts to re-invent the wheel, focusing on developing Islam and its rulings, which already exist from centuries. For some absurd reason we believe all Muslims after the companions lost the plot and now we don’t need to follow them but we need to rectify all their mistakes. Such a pity, those who were closest to the Prophet’s (peace be upon him) time, and that also includes the four Madhab scholars, had knowledge incomparable to scholars of today, at a level beyond our grasp; the further away you come from the time of the Prophet (peace be upon him) the more diluted Islam becomes. There is no way you can learn Islam without relying on the scholars of the past, and if someone tells you to jump that, then indeed you are being misled. We are spending most of our time researching Islam, than practicing Islam, that is a major problem my friend, and reflects the current state of our Ummah. All the hard work has been done for you by scholars who dedicated their complete life to Islam, stop competing with them and trying to surpass them; Deen is about submitting to Allah and following His Messenger (peace be upon him), not about logic, reasoning and a bag full of questions. These Madhabs, in essence, have made Deen easy to practice and follow for us; why do you not see that, acknowledge it and thank Allah for this supreme blessing?

We think we are so knowledgeable, that we just type a search phrase into Sheikh Google and pull out a Hadith here, an Ayah there and then be final about a matter, even though it goes far more deeper than a cursory search of the internet. Let us not be too flippant about our deen, the deen that hundreds and thousands, throughout history, have devoted their lives to preserve and transmit, who have been entrusted by Allah SWT to carry it forward, from mouth to ear, each and every aspect of it, be it the preservation of the language of revelation, grammar, concepts, the transmission of Hadith and the hidden flaws therein, history, biographies of narrators, and thousands of other foundations of the deen we have with us today.

We need to realize soon that we are utterly indebted to those who have selflessly and tirelessly transmitted the Deen to us that we are ants before mountains even with our technology, search engines and databases; our egos are running wild with delusions that we are scholars when we are, essentially, just the proverbial donkeys carrying books.

2       Introduction

There is much confusion today about Taqleed. This is because of the poor understanding of the meaning and concept of Taqleed.

In current era, few are not even aware of the correct meaning of the term Taqleed and few say that Taqleed (Adherence to a madhab/school of fiqh/maslak of an Imam) is haraam in the Shari’ah which is either due to lack of knowledge or due to the effect of current turbulence in Islam (fitna) created the misguided and/or injected by western powers for weakening of Islam. They insist that a true Muslim should only follow the Qur’an and Sunnah, and they say that Taqleed in Islam is biddah and some go to extent of claiming Taqleed as shirk (polytheism). They also stress that a Muslim should seek guidance directly from the Qur’an and Sunnah, and that no intervention of an Imam is needed to practice upon the Shari’ah

Abandonment of Taqleed is a disease spread by Satan. Satan’s plot is always to destroy the Deen and the best and the most effective way to achieve this evil aim is to negate the concept of Taqleed, by killing teachings of Sahaba and tabe-tabeen the work of Satan will become easy. The Sunnah is inextricably interwoven into the fabric of Taqleed. Once a man abandons Taqleed of the Madhab he is left with no guidance other than the deviation of his nafs. While he pretends to possess the ability to formulate the Shari'ah directly from the Qur’an and Hadith, he can venture no further than picking and choosing from the various opinions and rulings of the illustrious Imams based on the fact that his knowledge never equates to that those of Aima & Sahaba. In so doing, he follows the base desires of his nafs, he starts picking up whatever he thinks right or easy for him or suits his personality.

In the present time the Ahle-Haq, Ahle Sunnat wal Jama’ah is confined to the four Madhab’s. Whoever searches for the path of the Sunnah beyond the confines of the four Madhabs will deviate in to Baa’til. Since every teaching of the four Madhabs is derived from the Qur’an and Sunnah, deviation there from is to deviate from the Sunnah. Those who deviate from the Sunnah are destined for Jahannum according to the explicit pronouncement of Rasulullah sallallahu alaihe wasallam who said:

“The Jews were divided into seventy-one sects, one of which is in Paradise and seventy are in the Fire. The Christians were divided into seventy-two sects, seventy-one of which are in the Fire and one is in Paradise. By the One in Whose hand is the soul of Muhammad, my Ummah will be divided into seventy-three sects, one of which will be in Paradise and seventy-two will be in the Fire.” [Ibn Majah: 3982]

When he was asked regarding the sects which will be saved from the fire Prophet (peace be upon him) said: "That path on which I and my Sahaba are."

Salvation (Najaat) in the hereafter (Aakhirah) therefore depends on dressing yourself in the mantle of Taqleed.

3       Defining Taqleed

The acceptance of a statement of another without demanding proof or evidence on the belief that the statement is being made in accordance with fact and proof, is called Taqleed.

Taqleed in Islam refers to following the Imams who had the required knowledge, evidence through which they were able to extract the rulings from Quran and Sunnah.

Taqleed is observed only in the matters of fiqh (religious laws), not in Aqeedah. The difference of opinion in different schools is in matter of fiqh and not in Aqeedah. Whoever has difference in opinion of Aqeedah is misguided, E.g the Unity of Allah Subhanahu wa tala, the finality of the Prophet Muhammad (May Allah bless him and grant him peace) and the Day of Judgment etc – are matters of Aqeedah so they are not concerned with Taqleed.

It is impossible for an ordinary Muslim to go directly to the Qur’an and Sunnah and extract religious laws. This is due to the fact that these sources of knowledge contain many matters which are unclear - thus requiring research into many other sources along with the application of rules which assist in understanding the matter under study. In order to do this, a person needs to possess both a deep and broad knowledge of Islam. Which is both impractical and not incumbent upon each and every Muslim. Allah does not expect all Muslims to become scholars; instead, Allah Azzawajal orders them to refer to those who have knowledge. Consider the following verse.

"And ask those who recall, if you know not". [Surah An Nahl 16:43)] and

"If they had referred it to the messenger and to those of authority among them, then those of them whose tasks it is to find it out would have known the matter, [Surah Nisa 4:83].

For those who have the necessary pre-requisites, such as being a master of Uloom-ul-Qur’an, master of Ahadith and their principles, Aqaa’id, fiqh principles, Tafsir and its principles, and al-jarhu wa’ ta’deel (the science of Hadith narrators). They are allowed to take ahkaam/rulings from the Shari’ah. A person who is able to derive rulings is called Mujtahid. However, many great scholars who were qualified to perform Ijtihad to certain level still followed Imams for ijtihad above their levels. For example, Qadi Abu Yusuf, Imamj Muhammad were able to perform Ijtihad-fi-madhab (derive rulings from sharia) but followed the opinion of Abu Hanifah in ijtihaad-fis-shara (in drafting rules & principles to deduce rulings) which is a level above their level of “ijtihad-fil-madhab” (Levels of mujtahids will be clarified in forthcoming sections), similarly imam bukhari and shaykh abdul qadir jeelani despite of having enormous knowledge followed particular imam in matters of specialized field of fiqh/rulings.

There are many categories of Hadith such as Mutawaatir, authentic, none authentic, weak and those which are fabricated. Some are Mansookh which means that certain matters were at first permissible but later made impermissible, for instance talking during the Salaah during the early period of Islam was permissible but later-on made unlawful. In the similar areas Taqleed is made, where the scholars have taken all the above into consideration before issuing their verdict.

Before, we start establishing Taqleed, first and foremost let us become aware of few basic terms and their meanings related to the topic.

Taqleed: According to the Shari’ah Taqleed means adhering to the rulings of a trustworthy, reliable and authentic scholar in matters of the religion.

Muqallid (pl. Muqallideen): Refers to person/individuals who adhere’s to any one of the following four schools of thought or jurisprudence:

i) Hanafi (of Imam Abu Hanifa 80AH to 150AH)

ii) Maliki (of Imam Malik 93AH to 179AH)

iii) Shafi’i (of Imam Shafi’i 150AH to 204AH)

iv) Hanbali (of Imam Ahmed 164AH to 241AH)

Ghair Muqallid: This is the opposite of Muqallid - a person who does not adhere to either of the above four Madhhaib (schools of jurisprudence).

There are only two kinds of Taqleed.

a) When no particular imam is specified and different imams are followed in different issues, it is known as Taqleed Ghair Shakhsi, also known as Absolute or General Taqleed. (Taqleed-e-Ghairshakhsi)

b) When taqleed is made to a mujtahid and all issues are referred to him. This is Taqleed-e-Shakhsi

In this article we have tried to put all the required information together in one place to shed more light on the issue of Taqleed and Ijtihaad. The article is supported by authentic proofs which In Sha Allah reader will appreciate. Though the article is little lengthy and Satan may try to overpower and restrict you from reading or to leave the article half read, this is our sincere request that you make good intention in the name of Allah and read the article till end with concentration and share with your friends/family members & neighbors to help them understand the “Necessity of Adherence to the Way of Guided One”.

We should strive to ensure safety of ourselves as well as the Ummah from the cleverly designed plots of Satan to drag us with him into eternal punishment. General understanding to reform ourselves is not adequate, saving others from evil deeds/misguidance, calling towards guided path & more importantly protecting our loved ones and our safe guarding our generation is responsibility of every individual so kindly contribute your bit by adding given references to your knowledge and spread to help others.

4       A Common Misconception in Regards to Taqleed

Often people claim that if you adhere to a particular school, you are not on the path of the Qur’an and Sunnah. This is a very inaccurate statement because all schools derive their rulings from the Qur’an and Sunnah. The differences among the schools arise due to many factors. Two of these are that sometimes the companion’s disagreed on a particular issue and other times the basic underlying principles adopted by the respective Imams gave rise to a difference due to preference. A person cannot say that a principal adopted by and Imam is incorrect because to say it is incorrect is again, an opinion due to preference of an individual.

Let us take some examples from the Holy Qur’an.

“And do not backbite one another”. [Surah Hujurat 49:12]

Take a look at this injunction in the Qur’an. It is crystal clear and has no room for alternate interpretations. In Islam, it is forbidden to backbite. Anyone who can read this can understand the meaning of this because of its unambiguous nature and because there is no evidence contrary to this in Shari’ah.

Now let us take another verse of the Qur’an from Surah Baqarah

“And the divorced women shall keep themselves waiting for three periods” (thalathata qurooin) [Surah Baqarah 2:228]

Here the word used to define the waiting period of the divorced women is “quroo’”. This word is used in Arabic to denote both the purity period between two menstruations and also menstruation itself.

If the first meaning is taken then the woman needs to wait for three period of purity and if the second is taken then the woman has to wait for three menstrual periods. For e.g for a menstruation period of 8-10 days, Question arises, what time period does a divorced woman need to wait 20 days or 60 days?

Similar issues are present in the ahadith as well and this brings about difficulties in deducing a law from the Qur’an and Hadith. In such a situation one has two choices:

a) To rely on our judgment and then interpret the verses or Ahadith (Or)

b) To rely on what the pious predecessors did and thus conduct according to the conclusions of the scholars of Qur’an and Hadith of the first generation.

Any person will suggest that the second option is the right way to go about Islamic jurisprudence. It does not take a rocket scientist to acknowledge that the pious predecessors were closer to the time of the revelation of the Qur’an. This gave them a special insight which made it easier for them to understand the Qur’an and Sunnah.

How then can today a person have a better understanding of the background, environment, style of conversation and social living than compared to those who were guided Pious, living around that same time?

There are many such factors which gave rise to difference of opinions among the four schools but to study them at micro level at this point is irrelevant. In short, if one adheres to any of the four Madhhaib, he will be from among the followers Qur’an and Sunnah.

5       In What Matters is Taqleed Made

As stated in the previous section, there are two kinds of injunctions in the Qur’an and Sunnah. One is that which is clear cut without any ambiguity and the other is where it is not clear and there is room for interpretations.

That which is clear and understood by any layman and no difference in opinions, no taqleed is made. Taqleed is only made when there is room for interpretation or there are contrary evidences or when a text is quite brief such that it becomes hard to derive a ruling.

In “Kulasatat Tahqeeq fi Hukm ut-Taqleed wat-Talfeeq”, Abdul Ghani Nablusi (rah) states:

“Thus, the affairs on which there is an agreement and are known as essentials of religion, do not call for taqleed of any one of the four imams, like the obligation of salah, fasting, zakah, hajj and others of similar nature, and the prohibition of illegal sex, wine, slaying, theft and usurpation etc. However, affairs that are debatable/controversial call for taqleed.”

In “Al-Taqih Wal-Mutafaqah”, Khateeb Baghdadi writes:

“There are two kinds of legal commands:

i) Those that are known to be essential part of religion, like five times salah, zakah, fasting during Ramadhan, Hajj, unlawful nature of adultery, consumption of wine and other such things. Since everyone has knowledge of these things, so taqleed is not proper in this kind (or does not call for taqleed).

ii) Those that cannot be known without concentration and deduction, like the branch issues of worship, mutual dealings and marriage. In this kind, taqleed is proper, in fact wajib because Allah AJ said:

'So ask the people (having knowledge) of the Message, if you don’t know' [Surah Nahl 16:43]

6       Why Can’t a Layman Understand Quran/Ahadith & Judge Evidence?

When Quran states that “… We have revealed to you the book which clarifies every matter.......” [Sura An-Nahl, verse 89] & “Indeed this Qur’an guides to the path which is clearer and straighter than any other.” [Sura Bani-Israel, verse 9], Then why do we have to follow Aima to understand & extract rulings from Quran? Why can’t a layman understand Quran & Judge Evidence?

Quran is certainly a complete book and guidance for entire mankind as said above, however the Qur’an by itself cannot teach and guide its readers because there is every possibility of misunderstanding and misinterpretations, and so, it is necessary to have a teacher who teaches the Qur’an and correct way of understanding and interpretation. The Quran states

Certainly did Allah confer [great] favor upon the believers when He sent among them a Messenger from themselves, reciting to them His verses and purifying them and teaching them the Book and wisdom, although they had been before in manifest error. [Al Imran 3:164]

This is the Book (the Quran), whereof there is no doubt, a guidance to those who are Al-Muttaqoon (the pious and righteous persons who fear Allah much (abstain from all kinds of sins and evil deeds which He has forbidden) and love Allah much (perform all kinds of good deeds which He has ordained).  [Surah Al-Baqarah, Verse 2]

In quran is guidance for many and mislead for many, the Quran states “.. By it (Quran) He misleads many thereby and guides many thereby. And He misleads not except the defiantly disobedient, [Surah Baqra 2:26]

“… And surely many do lead (mankind) astray by their own desires through lack of knowledge. Certainly your Lord knows best the transgressors” [Surah Anaam 6:119].

“This is a declaration for humankind, a guidance and admonition to those who ward off (evil)”. (3:138)

“A book which We have sent down unto you with full of blessings so that they may meditate on its signs and that men of understanding may receive admonition”. (38:29).

“Verily We have revealed the book to you in truth for instructing mankind. He that receives guidance benefits his own soul, but he that strays injures his own soul”. (39:41).

There is Hadith in Sunan Abu Dawood, Narrated by Jundub “ The Prophet (peace be upon him) said: If anyone interprets the Book of Allah in the light of his opinion even if he is right, he has erred (mistaken)”.  [Abu dawood, Book 25, Kitab Al-Ilm, Hadith 3644]

From the above it is evident that the Quran is guidance for the entire mankind, but mercy and blessings is for those who understands it and the one who are chaste,  people who are not pious and chaste and who do not fear Allah are incapable of enjoying the fresh and sweet fruit of this spiritual tree directly.  They are misguided because of their stale souls and dullness of minds. Those who try hard from head to toe to state & prove that every individual can understand Quran stating Quran made easy and guidance for everybody, and does not require teacher to teach Quran, or say “for us only Quran & Hadith is Hujjah”,. yhey need to give a second thought to save themselves and others from any misguidance due to lack of knowledge and ignorance. And why not accept the guidance of proven pious men as against own interpretation or interpretation of scholars from current Era??

"If you follow the right guidance no hurt can come to you from those who are in error." [Al-Maaida, 5:105]

Further it is unrealistic for every Muslim to get mastery over everything in every field and has to rely on proven field experts to achieve success, Allah Subhanahu states in Quran

 "And it is not possible for the Muslims that all of them go out; so it should be that a party from each group go forth in order to gain knowledge in religion, and upon returning warn their people in the hope that they may avoid" (Surah tauba 9:122)

For example, for a doctor to be a doctor, a professional and responsible physician he needs to study the medical sciences and should know and be capable of advising & curing the patients based on his knowledge/ability. Though he can get advice from other doctors above his level or more experienced ones or specialist in particular field and for particular case, but he could not give medications merely following other doctors and observing them without having knowledge of medical science. Therefore for these levels of professionals, they must have understanding of sickness/knowledge of medical science and the cure.

On contrary it is neither necessary nor possible for patient to have full knowledge of medical science; he needs to follow a reliable doctor’s advice if he wants to get cured. If he wants to figure out the reason and cure for his every sickness then he will be giving up his life, as his entire lifespan will never be sufficient to figure out the cure, which has been in study/development from centuries now.

Even, for time being we assume one patient/individual can spend his time studying & getting mastery over curing himself, then what about other daily activities?? Building home, designing a good structure to withstand rain/ sun/ storms/ earthquakes? Curriculum studies? How to cook, what to eat and what not?, jobs responsibilities/business etc?? It is impossible for one person to be master in all the fields. At some point they are bound to follow the ways established by the professionals in that field, capable and responsible for drafting it. If someone claims he can get blood out of the stone then it is merely ignorance and leading to the path of destruction.

Similarly for the Mujtahids (Aima), the one who is professional, comprising of immense knowledge of sharia, capable of making ijtihad and extracting rulings from Quran and Sunnah, for him (Mujtahid) he cannot follow others without knowing proofs behind the rulings, they will and have to make own study and assessment on rulings based on their vast knowledge of Sharia. Whereas these people of knowledge are responsible and permitted to give ruling. Their verdict is never blamed but rewarded as mentioned in Ahadith.

'Amr b. al-'As reported that he heard Allah's Messenger (may peace be upon him) as saying: When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him. [Sahi Muslim, Book 18, Kitab Al-Aqdiyya, Hadith 4261] (Detailed in the forth coming section 13)

For common folk including the scholars of current era who are not up to the level of Mujtahid/Aima, who does not have complete knowledge & command over sharia, they are incapable of extracting rulings from Quran and sunnah.

Furthermore there is a possibility of misunderstanding or misinterpreting the Quran and sharia due to lack of expertise in all fields of knowledge, as the Quran states “.. By it (Quran) He misleads many thereby and guides many thereby. And He misleads not except the defiantly disobedient, [Surah Bakhra 2:26]

Narrated Jundub: The Prophet (peace be upon him) said: If anyone interprets the Book of Allah in the light of his opinion even if he is right, he has erred. [Abu dawood, Book 25, Kitab Al-Ilm, Hadith 3644]

Thereby for the general community, it is necessary to follow the one who is knowledgeable and guided, and following knowledgeable people having authority and command over sharia is an instruction from Quran and binding.

7       Evils of Discarding Taqleed

It is well known that many, if not a vast majority of people in this Era do not model their lives after the example of Allah's Messenger. As a result they are governed by selfishness, corrupt motives, lust, insincerity, mischief, strife, anarchy, and opposition to the consensus of the rightly-guided scholars. This inevitably leads to the subjection of the Deen to human desires. The hadiths on fitan [strife, trials, and tribulations] have forewarned us of the rise of these corrupt traits in man, and the scholars of this Din have been aware of this problem.

The absence of taqlid shakhsi will cause great harm and corruption in the Deen. One of the destructive evils which will raise its ugly head in the absence of taqlid shakhsi is the appearance of self-appointed Mujtahids. Some people will consider themselves to be capable of inferring religious rulings, and embark on the process of juristic analogical reasoning [Sharai qiyas]. They will consider themselves to be of equal or greater rank than the illustrious mujtahids of the early ages of Islam.

For example, the previous mujtahids have reliably stated that many laws are based on particular causes [muallal] and not definite causes. (Siting this, some modernists might claim that even the command of wudu for prayer is based on a particular cause [muallal]. According to them, this command could have been for the early Arabs, whose occupation of tending animals exposed them constantly to impurities, which could have called for ritual purification in the form of wudu. They might claim, on this basis, that since people of the present time live in conditions of greater hygiene, wudu is no longer necessary for prayer.  [From the opening chapters of Taqlid and Ijtihad by Shaykh Masihullah Jalalabadi]

8       The Concept of Taqleed in Quran

Another misconception is prevalent among some of our Muslims brothers and friend’s is that the concept of Taqleed is not presented in the Qur’an, which is incorrect. Here we present few verses from Holy Quran in regards to Taqleed.

      i.        “Guide us on the Straight Path, the path of those whom You have favoured, not the path of those who earned Your anger - nor of those who are astray” [Fatihah 1:5-7]

     ii.        And it is not possible for the Muslims that all of them go out; so it should be that a party from each group go forth in order to gain knowledge in religion, and upon returning warn their people in the hope that they may avoid [Surah Tauba 9:122]

    iii.        “Ask the people of knowledge (those who know) when you do not know.” (Surah Nahl 16:43 )

    iv.        “O people! Ask the men of knowledge if you have no knowledge”. [Surah Ambia 21:7]

     v.        “These are those whom Allah had guided so you also follow their path.” (Surah Anaam 6:90)

    vi.        “Had they referred to the Rasool and those in command amongst them, then surely those with insight would have been able to verify the matter.” (Surah Nisa 4:83)

   vii.        “O you with Imaan! Obey Allah, Obey the Rasool and obey those in command amongst you.” (Surah Nisa 4:59)

  viii.        “Follow the path of the one who turns towards me.” (Surah Luqman 31:15 )

    ix.        “O you who have Iman! Fear Allah and be with those who are true.” (Surah Taubah 9:119)

     x.        “And leading everyone, the first are the Muhajirs * and the Ansar **, and those who followed them with virtue (good intention)- Allah is pleased with them and they are pleased with Him, and He has kept ready for them Gardens beneath which rivers flow, to abide in it forever and ever; this is the greatest success. (* The immigrants. **Those who helped the immigrants.) [Surah Taubah 9:100]

Now let us analyze few verses such that the issue at hand becomes clear.

a.     And it is not possible for the Muslims that all of them go out; so it should be that a party from each group go forth in order to gain knowledge in religion, and upon returning warn their people in the hope that they may avoid [Surah Tauba 9:122]

The verse supports that not all Muslims should go out and become preoccupied in jihad. There should be a group who devote themselves exclusively to learning and understand Deen so that they can teach Islamic rules and regulations to those who are not able to dedicate themselves to learning. This verse has ordered those who learn and understand, to impart knowledge of Islamic law to others and it has also instructed others to act upon the instructions to avoid the disobedience of Allah.

From above it is evident that those who do not have the knowledge of Shariah are to listen and learn from the ‘ulema who have gained this knowledge. They have to rely on their opinion. This is nothing but taqleed.

b.     “Ask the people of knowledge (those who know) when you do not know.” (Surah Nahl 16:43 )

Allamah Aalusi (ra) in Ruh al Ma’ani states:

“This verse is cited to prove that it is wajib to refer to the ulema for such things in which one lacks knowledge. Allamah Jalalauddin Suyuti (ra) wrote in Ikeel that it is deduced from this verse that taqleed is allowed to the common men for branch issues.”

Some suggest that these verses are specific to the background in which they were revealed. The mushrikeens of Mecca used to object why an angel was not sent as a rasool. In answer this complete verse was revealed.

Some mufassireen have said that Ahl ud-Dhikr in the verse refers to the scholars of people of the Book. Others say it refers to those of them who accepted Islam and became Muslims. And some have stated that it refers to the Muslims.

The point here is that the principle of taqleed exists regardless of who one interprets the Ahl ud-dhikr to be. It is simply asking and relying on the opinion of the person who knows when you lack knowledge.

c.     "O you who believe! Follow Allah; follow the Messenger and those of authority (Amr) amongst you...." (Surah Al-Nisa 4:59)

This verse requires Muslims to follow Allah and His messenger and those scholars and jurists who interpret the primary sources. The legal term for this following is Taqleed. These remain the query regarding the remaining part of the above verse.

"….And if you dispute, then refer it to Allah and the Messenger if you really do believe in Allah and in the Last Day." (Surah Al-Nisaa:59)

Based on the second view (differences) of those of Amr (to mean jurists and scholars), the address in the verse would be a separate command to the Mujtahids (the legal experts). Justifying the interpretation of those with Amr as jurists, Allah's statement subsequently "if you dispute..." prove that those of Amr are indeed jurists because He has ordered everyone else to follow them and then proceeded to say that "if you dispute.....". Hence Allah has ordered those of Amr to refer the disputed issue to the Book of Allah and the traditions of the Prophet. The Lay person is not a person of knowledge; he is not of this caliber. The lay person would be unaware of how to refer the disputed issue to the Book of Allah and to Sunnah and how their proofs would apply to situations and events. Thus, it is established that the second command, is for the scholars and not for a layman."

The famous scholar of the Ahle Hadith, Shaykh Nawwab Siddiq Hasan Khan has also acknowledged that the address in this statement ("If you dispute....") is to the Mujtahids. He writes in his Tafseer: "It is apparent that this is a separate and a new address directed towards [Tafseer of Fathul Bayan - vol. 2 , page 308, printed by Al-'Asimah, Cairo] and same is view of Imam Abu Bakr Al Jassas

It is not valid to conclude that those who are incompetent of Ijtehad should refer directly to Qur'an and Sunnah in disputed issues. In reality, the command in the first part of the verse (to follow those of Amr) is for those people who cannot extract any rules from the Quran and Sunnah directly. They are required to follow the Quran and Sunnah by asking those of Amr (meaning jurists) and following their guidance. The second statement is exclusively for the Mujtahids that is to say disputed issues should be referred to the Quran and Sunnah. The Mujtahids should exercise their skills of legal judgment and extract rules. So there are in fact two commands, the first statement is to those who adopt Taqleed and the second is directed to the Mujtahids to practice Ijtihad.

d.     "And when there comes to them a matter concerning (public) safety or fear, they relay it. If they had only referred it to the Messenger and to those of authority (Amr), those who can investigate and extract (information) among them would know (the rumour’s validity)...." (Surah Al-Nisaa: 83)

The background to this verse is that the hypocrites of Madinah would spread rumors regarding war and peace. Simple-minded Muslims would believe these rumors and exacerbate the situation, creating an atmosphere of insecurity and panic in the city. The verse quoted above prevented Muslims from taking this approach and advised them to refer news of war and peace to those of Amr and not to spread rumors. Thus, capable individuals investigating the rumors would be able to reach the truth of the issue and inform others concerned. The role of the lay person was not to take any action except to refer such rumors and reports to those of Amr.

Although this verse was revealed for a specific reason - it is very well established in the principles of Tafseer and jurisprudence that in extracting rules and laws from specific circumstances of revelation, the specific details gives way to the general meaning of the text - such a general principle is contained in the verse quoted above. The principle is that: Those who do not possess the tools of investigation should refer to those who can. This is precisely Taqleed.

Imam Razi writes concerning this verse:

"So it is established that Istinbaat [the legal process of extracting rules from the Quran and Sunnah] is a proof. Analogy is either Istinbaat in itself or is included in it. So analogy (Qiyas) should also be a proof. This verse denotes several rules. The first is that there are some incidents and issues, which are not apparent from (Divine) text. The second is that Istinbaat is a proof. The third is that a lay person should follow scholars in the rules of events and in issues" [Tafseer Kabir - vol. 3, page 272]

Certain people have objected to this line of reasoning claiming that this verse is peculiar to the state of war and should not be analogous to a state of peace. A response has already been furnished previously to this question that specific circumstances of the verse extend to the general principles of the verse. Imam Razi writes:

"Allah's statement: `And when there comes to them a matter....' Includes all affairs relating to war and to any other incident relating to Islamic Law. This is because the states of war and peace include very legal command. Hence there is nothing in the verse which restricts the command to the state of war only." [Tafseer Kabir - vol. 3, page 273]

Famous scholar of the Ahle Hadith, Nawwab Siddiq has allowed Qiyas (analogy) giving his reasoning based on this verse:

"There is a hint in this verse to the permissibility of Qiyas and that there are some issues of knowledge which can be perceived by intellectual deduction." [Tafseer of Fathul Bayan, by Nawwab Siddiq vol. 2, page 33]

If there is no guidance in the verse regarding the state of peace, how would substantiating Qiyas from the verse be permissible?

9       Concept of Taqleed in Ahadith

a.     Hadith, Follow Abu Bakr & Umar after me:

Hudhaifa (ra) narrates that the Messenger of Allah AJ said, 'I do not know for how long I will be amongst you. So you follow two people after me - Abu Bakr and Umar [Ibn Majah, Ahmed - Mirqaatul Mafateeh, V.5 pg 549]

It is also mentioned in Jame Tirmidi on the authority of Hadhrat Hudhaifa (ra),that the Prophet (peace be upon him) said: Follow the 2 (caliphs) after me i.e. Abu Bakr and Umar (ra). [Jame’ Tirmidhi, Hadith No. 4023]

The word used in the hadith is ‘iqtida’ which means to follow. It is not used to follow a person in administrative affairs but is used to follow them in religious affairs. The same word is used in the Qur’an in Surah 6 verse 90 to mean “follow the prophets”

This is clear proof of Taqleed-e-Shaksi, here it is not said that you ask for the evidence and cross check every ruling made by Abu Bakr and Umar but to follow them.

b.     Hadith “Observe me and follow me and those after you will observe you and follow you”

Imam Muslim has narrated with his chain of narrators from Abu Saeed Khudri that certain Companions made it a habit to join prayers late. The Prophet emphasized that they should come early and join the first row and then said:

"Follow me (by observing what I do) and those who come after shall follow you (by observing what you do."  [Sahi Muslim, Kitab Al-Salat ‘4’ Hadith 878]

This Hadith has multifarious interpretation, one possible interpretation is that those in the front row should observe what the Prophet is doing and follow him in prayers and those who are behind should follow the front row. A further possible meaning of this Hadith is that the Companions were advised to come early so that they could observe The Prophet's prayer in totality. Those who come after the Companions will learn their prayers by observing and following them. Ibn Hajar writes in the commentary of this Hadith:

"It is said that the meaning of this Hadith is that the Companions should learn the rules of Islam from the Prophet and those who follow the Companions (the Tabi'een) should follow the Companions and so on until the world comes to an end [Fathul Bari - vol. 2, page 171]

c.     There is no Prophet after me, so obey your leaders.

The Prophet (Peace be upon him) said: There is no Prophet after me, and there is no Ummah after you, so you should worship your Lord and say your 5 daily prayers, and fast in your month (Ramadan), obey your leaders and thus enter the Blessed garden of your Lord [Imam Tabarani in Muj’am al Kabir, Volume No. 8, Hadith 7217]

d.     Follow the one (of caliphs) who will be given pledge of allegiance first.

Narrated Abu Huraira: The Prophet (peace and blessings be upon him) said, "The Israelis used to be ruled and guided by prophets: Whenever a prophet died, another would take over his place. ”There will be no prophet after me, but there will be caliphs who will increase in number” people asked, "O Allah's Apostle! What do you order us (to do)?" He said, "Obey the one who will be given the pledge of allegiance first. Fulfill their (i.e. the Caliphs) rights, for Allah will ask them about (any shortcoming) in ruling those Allah has put under their guardianship." [Sahih Bukhari Volume 4, Book 56, Number 661]

e.     Obey Amir and do not get separated from the main body of the Muslim.

It has been narrated (through a different chain of transmitters) on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: Who defected from obedience (to the Amir) and separated from the main body of the Muslim-then he died in that state-would die the death of one belonging to the days of Jahillyya (pre Islamic days/days of ignorance). [Sahih Muslim Book 20, Hadith 4557]

f.      Deen will be taken away by taking away the knowledgeable Ulema till ignorant will be followed in matters of shaira.

A tradition reported in Bukhari and Muslim is as follows, Abdullah ibn Amr reported that the Messenger of Allah said: "Allah does not take away the knowledge, by taking it away from (the hearts of) the people, but takes it away by the death of the religious learned men till when none of the (religious learned men) remains, people will take ignorant people as their leaders who when consulted will give their verdict without knowledge. So they will go astray and will lead thepeople astray."  [Sahi Bukhari,Book of knowledge 3, Hadith 100, Sahi Muslim, Book of knowledge 34, Hadith 6462 & 6465]

This hadith makes it clear that to derive a ruling and give a fatwa is the job of the ‘ulema and not a common men.

Another important point in the hadith is that it talks of a time when there will not be any ‘ulema left and ignorant people will be giving fatawa. In such a time and during the time of fitna, how will one follow Islam if it will not through taqleed of proven guided personalities/and there writings who have passed away?

Similar to the above there are many ahadith that clearly contain the concept of taqleed in them. It is an ignorant statement to make that one cannot find taqleed in the hadith.

10    Taqleed in the Era of the Companions of Prophet

Taqleed was prevalent during the era of the Companions. Companions who were not immersed with scholarship, or did not use their own judgment (Ijtihad) in certain issues would resort to the Companions who were acknowledged as jurists and act according to their advice. Evidence of absolute Taqleed and Taqleed of an individual during the successors era are numerous, many volumes devoted entirely to this subject would not do it justice. However, for want of brevity here are a few examples of absolute Taqleed during the age of the successors.

a.     Ibn Abbas narrates that Omar ibn Khattab gave a sermon at Jabiyah and said: "O people! If you want to know anything about the Qur'an, go to Obai ibn Ka'b. If you want to know about inheritance, go to Zaid ibn Thabit. If you want to know about Fiqh (what is halal and what is haram), go to Mu 'adh ibn Jabal. If you want to know about wealth, then come to me for Allah has made me a guardian and a distributor. "(Tabarani in Al-Awsat),

Omar RA has addressed people in general in his Khutba (sermon) and advised that in matters of Tafseer, inheritance and Fiqh, they should refer to these distinguished scholars and learn from them. It is clear that not everyone is capable of understanding the proofs and rationale of the text. The instruction in this address is two folds. The first is that of those who are capable should refer to these scholars to understand the proofs and rationale and those who are not capable should refer to them for solutions and act upon their recommendations. Companions who did not regard themselves capable of extracting rules would refer to those who were jurists without investigating the proofs. They would merely follow their advice. The following is an example of this approach.

b.     Salim ibn Abdullah narrated that Abdullah ibn Omar was asked about a person who owed another person some money and had to pay the loan at a fixed time. The creditor then agrees to forgive a portion of the loan if the debtor pays before the deadline. Ibn Omar disliked this agreement and forbade it. [Muwaata of Imam Malik: page 279]

There is no explicit Hadith of the Prophet, which has been offered as proof. It is clear that this ruling was the personal judgment of Ibn Omar. So neither did Ibn Omar volunteer any proof, nor was any proof sought.

c.     Abdur Rahmaan narrated that he asked Ibn Sireen about entering public baths. Ibn Sireen said that Omar RA use to dislike the idea. [Matalibul 'Aaliyah, by Ibn Hajar - vol. 1, page 51]

Ibn Sireen - who was one of the most learned followers of the Companions - did not mention any proof except to say that Omar RA used to dislike the idea

d.     Sulaiman ibn Yasar said that Abu Ayyub Ansaari went for Hajj. When he reached a place called Naziyah - on the way to Makkah - he lost his camels - which were for sacrifice. He approached Omar on the Day of Sacrifice and mentioned his plight. Omar RA said: "Do what those who perform Umrah do (which is the Tawaf and Sa'ee) and then you will become halal [you may take off you Ihram]. Then, when you come for Hajj next year, perform your Hajj and offer whatever sacrifice you can offer." [Muwaata of Imam Malik, book of Haj 20, Hadith 20.47.162] Again, Abu Ayyub did not request Omar's proof and nor did Omar RA offer any. Abu Ayyub took his advice and acted accordingly.

e.     Mus'ab ibn Sa'd said that his father (Sa'd ibn Abu Waqqas) - when praying in the masjid - would shorten his prayers and complete his ruku and sujood. And when praying at home, he used to lengthen his prayers and also his ruku and sujood. Mus'ab asked:

''Father, when in the masjid, you shorten your prayers and when at home you lengthen them. Why is this?" His father replied: "My son, we are leaders and Imams who are followed by others." [Tabarani in Awsaat - the chain of narrators are sound - Al-Haithami in Majma'uz Zawaid - vol. 1, page 182]

The meaning of Sa'd's reply is that since people look towards their leaders, they would assume that lengthy prayers are obligatory and make such a practice an essential component of the prayer.

This narration demonstrates that the masses during the time of the Companions followed them, not only in their statements, but also in their actions. It is also clear that following an eminent companion proofs are not required and for this reason the Companions observed even the most meticulous details in their actions - such as not giving an incorrect impression that lengthy prayers are a religious duty.

f.      Omar ibn Khattab RA saw Talha ibn Obaidullah wearing a colored piece of cloth while he was in the state of Ihram. Omar RA asked him what he was wearing. Talha replied that it was made from fabric, which was not scented. [Unscented colored sheets for Ihram is permissible] Omar RA said;

"You are a group of leaders who are followed by other people. If an ignorant person saw this cloth he would presume that Talha ibn Obaidullah wore this type of cloth while he was in Ihram [and thus assume that even scented material was permissible]. Do not wear these colored garments." (Muwaata Imam Malik, Imam Ahmed in his Musnad - vol. 1, page 192)

g.     Likewise, Omar RA had advised Abdur Rahmaan ibn Auf RA to remove a certain type of socks, which he was wearing and said: "I implore you to remove them. I fear that others will look at you and follow your lead." [Ibn Hajjar - vol 2, page 361 and 'Ilaamul Muqi'een by Ibn Qayyim - vol 2 page 171]

The previous three incidents adequately demonstrate that Companions were being followed in their actions and Fatwas. Following the Companions in actions did not require proof or reasoning, for this reason the Companions were very stringent concerning their actions and would emphasize others to be likewise.

h.     Omar RA sent Abdullah ibn Mas'ood RA to Kufa and sent the following letter to the people of Kufa:

"I am sending Ammar ibn Yaasir as your governor and Abdullah ibn Mas'ood as your teacher and adviser. They are amongst the most noble of the Companions of the Prophet. They are also amongst those who participated at Badr. So follow them and listen to them."

Abdullah ibn Mas'ood explained some principles of ruling in cases and said:

"If anyone is faced with a case after today, he should judge according to the Qur'an. If there is a case where Quran has not ruled, then he should judge according to the Prophet. If a case appears where neither has ruled, then he should judge according to the rulings of the pious. If a case comes where no one has ruled, he should judge according to his own discretion [Sunnan Nisaaai - vol. 2, page 305 and Sunnan of Darami - vol. 1, page 54]

Abdullah ibn Masood RA has expressed four levels of ruling in this narration. The Quran and Sunnah, the decisions of the pious and individual judgment. The point which is evident in this order is that no one would assume that while preferring to the Quran first, necessarily entails ignoring the Sunnah, while referring to the Quran to understand its meaning. The consensus of the scholars is that the explanation of the Quran should be sought through the aid of the Sunnah. Not articulating this premise would open the door to many confusions/misinterpretations, for instance, no direct reference is given in the Quran to flogging or stoning an adulterer. To forsake stoning due this type of reasoning would be absurd and totally against the consensus of the Muslim community (Ummah). Referring to the rulings of the pious entails that their opinions should be comprehended as subsidiary sources facilitating to establish the meaning of Quran and Sunnah. On the contrary, their views should not be used except to understand the meaning of the Quran and Sunnah. Taqleed requires that while trying to determine and fix one meaning out of several possible meanings of a primary text - which is ambiguous - the view of a Mujtahid is employed. For instance the fact that Abdullah ibn Masood was addressing someone who was already appointed as a judge, shows that Taqleed is not only valid and necessary for a lay person alone, but also for a scholar who should not rely merely on his acumen. (The variance in the type of Taqleed a scholar makes and the type a non-scholar makes that will be explained in forth coming sections)

i.      Ibn Sa'ad in his Tabaqat has recorded that someone enquired from Hasan Basri rah whether he would drink water from a masjid which was provided as charity. Hasan basri rah said: "Abu Bakr and Omar both drank from the water of Umme Sa'd - which was on the roadside. So what if I drink from this water?" [Kanzul Ummal - vol. 3, page 317]

Of particular interest is the fact that Hasan's only proof was the action of the two companions. These were merely selected examples from the lives and statements of the Companions and their followers.

11    Taqleed-e-Shaksee (Individual Taqleed) in Era of the Companions and Their Followers

After establishing, necessity of Taqleed and practice of Sahaba, let us move forward to see if Taqleed-e-shaksee was existed in the time of Companions? The answer is yes, there are abundant references to Taqleed of a particular individual in the books of Sunnah. A few examples are offered below.

a.     The people of Madinah used to follow Hadhrat Zaid (ra) in particular

Imam Bukhari narrates from Akrimah 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.

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]." [Fathul Bari - vol. 3, page 468 and Umtadul Qari - vol. 4, page 777]

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]" [Musnad - page 229]

Following points are clear from this dialogue between Ibn Abbas ra 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.

-       The key to this narration is the firm stand of the people of Madinah

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, 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 behavior 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]

This is also mentioned in Sahih Bukhari on the authority of Hadhrat ‘Akramah (May Allah be well pleased with him), that the people of Madinah asked Hadhrat Abdullah bin Abbas (May Allah be well pleased with him) about the woman who started menstruating after the Tawaf Afadha. Hadhrat Abdullah bin Abbas (May Allah be well pleased with him) said that she can go without the Tawaf Wada’a. The people of Madinah said: We will not abandon the opinion of Hadhrat Zaid bin Thabit to follow your opinion. [Sahih Bukhari, Book 26, Kitab Ul Haj, Hadith 813]

"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?

Hadhrat Ibn Abbas (May Allah be well pleased with him) did not chastise them that you have committed a mistake by taking Hadhrat Zaid as your Imam or making Taqleed-e-Shakhsi.

b.     Hadhrat Abu Moosa Ashari instructed the people to follow Hadhrat Abdullah bin Masud in every ruling.

There is a lengthy Hadith in Sahih Bukhari, Kitab Ul Faraaidh, the gist of hadith or summary is that Hadhrat Abu Moosa Ash‘ari (May Allah be well pleased with him) was asked something. He replied and said: Ask Abdullah Bin Mas‘ud (May Allah be well pleased with him) also. After asking Hadhrat Abdullah bin Mas‘ud people conveyed his reply to Hadhrat Abu Moosa Ash‘ari (May Allah be well pleased with him). He said: Do not ask me anything as long as you have this erudite scholar among you. This shows that he instructed the people to follow Hadhrat Abdullah bin Mas‘ud (May Allah be well pleased with him) in everything. This is what is called Taqleed Shakhsi. Similar wordings of instruction are also recorded in [Maliks Al Muwatta, Book of suckling/30, Hadith 14]

Hadhrat Abu Moosa Ashari instructed the people to follow Hadhrat Abdullah bin Masud in every ruling, saying "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.

g.     The Holy Prophet (Sallallahu alaihi wa sallam) appointed and sent the Companions as teachers to many places to teach ummah who have to follow these teachers in all matters. [Taqleed Shakhsi]

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, Book 24, Kitab Al-Aqdiyya, Hadith 3585]

The Prophet sallalahu alaihi wa sallam sent one of the best scholars 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 on opinion in light of sharia. It is clear that the Prophet sallalahu alaihi wa sallam decreed the people of Yemen to practice Taqleed of an individual.

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". Musnad Ahmed from Omar RA (Fathur Rabbani: Vol 21, page 352)

Not only did the people of Yemen follow Mu'adh RA, but so too 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 Ahmed from Omar RA (Fathur Rabbani: Vol 21, page 352)], 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. [Ibid page 233]

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. The people of Yemen obliged and this is the essence of Taqleed of an individual.There is a narration in the Sunnan of Abu Dawood in which Amr ibn Maimoon Al-Awdai said:

"Mu'adh ibn Jabal RA came to us in Yemen as the messenger of the Messenger of Allah. I heard his Takbeer in Fajr and found that he had a deep voice. I developed an affinity with him and I did not leave his company until I buried him in Syria. Then, I searched for the most learned scholar after him and found Abdullah ibn Mas'ood. I stayed with him until he died. [Abu Dawood: vol 1, page 62 and Ahmed: vol. 5, page 231]

In this narration, Amr ibn Maimoon searched for a scholar after Mu'adh RA passed away. He stayed with Mu'adh RA and Ibn Mas'ood RA merely to seek knowledge of Islamic Law. So as long as Mu'adh was alive, he consulted him and when he died, he consulted Ibn Mas'ood RA. Referring to only one scholar is known as following an individual. [Taqleed-e-shakhsee]

12    Limiting Taqleed to Following of Four Schools.

The narrations mentioned 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, and it is also seen that after passing away of one teacher people used to follow others. So why today people are restricted to four schools?

With the pass on time certain historical changes occurred and there was a need for systemization. For reasons of administration and to avoid the possibility of contradictions amongst the scholars of differing Ijtihad over a primary source, the laity (followers incapable of extracting rulings) were encouraged to follow only one Imam and Mujtahid instead of referring to several. This idea gained dominant during the third and fourth century AH. In order to understand the reasons and benefits of the systemization of fiqh, the following basis has to be comprehended: following one's desires and passions is a very grave form of misguidance, following desires and passions to the extent that they believe halal to be haram and haram to be halal is destructive, fatal & disobedience of religion. The door to such evil obviously has to be avoided, as does the path, which facilitates it. This is an established principle in Usool ul Fiqh (principles of jurisprudence).

The jurists were concerned at the decay of piety and devoutness amongst the Muslim populous, devoutness being the norm during the time of the Companions. They feared that subsequent generations scruples would not be as elevated as the generation of the first three generations (Salaf). If under these circumstances, the door of following an Imam in general were unconditional inadvertently desires would become the commanding principle. For example bleeding expatiates wudu according to Imam Abu Hanifa, but not according to Imam Shafi'ee. For the sake of convenience and ease a person, who usually follows Imam Abu Hanifa. may choose to follow Imam Shaf'iee's opinion and offer salaat in this condition, which according to the Hanafis is not valid because he is without wudu. However touching a woman would invalidate his wudu according to Shafi'ees and does not according to Imam Abu Hanifa. According to both schools of jurisprudence (Hanafi and Shai'fee) such a wudu is expatiated and no school would accept Salaat of such a person as valid.

Subservience to desires and assuming something to be permissible or forbidden based on personal conjure/interpretation is such a enormous crime that no scholar has allowed it. The Quran and Sunnah are full of proofs for this argument. During the times of the Companions and their followers, the fear of Allah and the Hereafter was so prevalent that absolute Taqleed (Taqleed in general) did not pose a threat to the kind of behavior explained above. For this reason people followed different scholars at different times and this was deemed to be praise worthy and totally acceptable. However with each succeeding generation the level of piety declined and the likelihood of submit to ones desires greatly increased. Scholars and jurists concerned at the degenerating circumstances issued a general Fatwa based on public interest, asserting that Taqleed is restricted to a particular Mujtahid Imam only. Absolute or general Taqleed should be abandoned.

Since the era of the Companions, until now there have been thousands of scholars and Mujtahids who have had very diverse and disparate opinions and concessions concerning different issues. There will always be concessions in one school of thought, which are not found in another, regardless of the fact that these were great jurists, If giving a Fatwa based on any of the earlier scholars and their schools of thought were to be made permissible, then those corrupt scholars would take advantage of the Shari'ah and base their Fatwas on the statements of any of the predecessors. This would inevitably open the door to the abuse of their statements. Corrupt scholars would be asked to justify selfish desires by quoting pious predecessors. Relying upon following the vast majority of the community 93 would arrest the drift to chaos within the Shari'ah. Allowing Taqleed in general (following any and every Imam) will certainly destroy teachings of Islam,

For example, Imam Shaf'iee allows chess; Imam Abdullah ibn Ja'far (apparently) allowed singing with musical instruments; Imam Qasim ibn Muhammed allowed pictures which did not have any shadows ; Imam 'A'amush held the opinion that fasting started with sunrise and not at dawn; 'Imam Ataa ibn Abu Rabaah maintained that if Eid fell on a Friday, both the Friday prayer and the Afternoon (Zuhr) prayers would be dropped and there would be no prayer until 'Asr; Imam Dawood Tai and Imam Ibn Hazm both (apparently) believed that a person could see his potential fiancee in the nude and Imam Ibn Sahnoon has supposedly allowed anal intercourse. There are numerous instances in the books of Fiqh and Hadith which corroborate following every Imam would give rise to a new school of thought based on carnal desires and the devil's temptations, making a mockery out of religion in this manner is not permissible.

"If a man took an opinion of the people of Madina with regards to music and anal intercourse; the opinion of the people of Makkah regarding Mut'ah (temporary marriage) and barter and the opinion of the people of Kufa regarding intoxicating drinks, he would be the worst of Allah's servants." Despite being the worst-case scenario, the above instances demonstrate the possibility of the abuse of the concept of Taqleed in general (following all Imams indiscriminately) that is to pick things to eventually satisfy the self desire. This is the reason that jurists has advised that Taqleed should be limited to 4 schools which are properly structured and more exclusive iato a particular Imam avoiding the ambush of following ones desires and passions.

13    How Every School of Thought Is Said to Be Correct Despite of the Differences in Rulings?

If Imam gives a ruling according to best of his knowledge and ijtihad, he will get two rewards if it is correct and he gets one reward if he is wrong, due to reason for his Ijtihad.

a.     Hadith in regards to Mujtahids, highly knowledgeable people having complete command over sharia in every field and capable of extracting rulings from Quran & Sunnah.

-       Narrated 'Amr bin Al-'As: That he heard Allah's Apostle saying, "If a judge (*those who have authority) gives a verdict according to the best of his knowledge and his verdict is correct (i.e. agrees with Allah and His Apostle's verdict) he will receive a double reward, and if he gives a verdict according to the best of his knowledge and his verdict is erred, even then he will get a reward." [Sahi Bukhari, Book 92, Holding fast to Quran & Sunnah, Hadith 450]

-       'Amr b. al-'As reported that he heard Allah's Messenger (may peace be upon him) as saying: When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him. [Sahi Muslim, Book 18, Kitab Al-Aqdiyya, Hadith 4261] 

-       Narrated Mu'adh ibn Jabal: Some companions of Mu'adh ibn Jabal said: When the Apostle of Allah (peace_be_upon_him) intended to send Mu'adh ibn Jabal to the Yemen, he asked: How will you judge when the occasion of deciding a case arises? He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Apostle of Allah (peace_be_upon_him). He asked: (What will you do) if you do not find any guidance in the Sunnah of the Apostle of Allah (peace_be_upon_him) and in Allah's Book? He replied: I shall do my best to form an opinion and I shall spare no effort. The Apostle of Allah (peace_be_upon_him) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the Apostle of Allah to find something which pleases the Apostle of Allah. [Abu Dawood, Book 24, Kitab Al-Aqdiyya, Hadith 3585]

The term "ijtihad" or "striving to know a ruling" does not mean just any person’s efforts to understand and operationalize an Islamic ruling, but rather the person with sound knowledge of everything the Prophet (Allah bless him and give him peace) taught that relates to the question.

They need to know,

-          The hierarchy and method of joining and comparing Ahadith.

-          The principles of takhsis (restriction) of general rules by specific ones.

-          The principle of nasikh wa mansukh, of "an earlier ruling being abrogated by a later one

-          The applicability of amm and khaas, for general or particular.

-          Understanding of mujmal, mubayyan, mutlaq, muqayyad, nass and dhahir

Whoever makes ijtihad without this qualification is a criminal/sinner as mentioned in the forthcoming section c.

b.     Difference in opinion, still being correct:

-       Narrated Ibn Umar: On the day of Al-Ahzab (i.e. Clans) the Prophet said, "None of you Muslims) should offer the 'Asr prayer but at Banu quraiza's place." The 'Asr prayer became due for some of them on the way. Some of those said, "We will not offer it till we reach it, the place of Banu quraiza," while some others said, "No, we will pray at this spot, for the Prophet did not mean that for us." Later on It was mentioned to the Prophet and he did not berate any of the two groups. (Bukhair, Book 59, Hadith 445)

-       It has been narrated on the authority of Abdullah who said: On the day he returned from the Battle of Ahzab, the Messenger of Allah (may peace be upon him) made for us an announcement that nobody would say his Zuhr prayer but in the quarters of Banu quraiza (Some) people, being afraid that the time for prayer would expire, said their prayers before reaching the street of Banu quraiza. The others said: We will not say our prayer except where the Messenger of Allah (may peace be upon him) has ordered us to say it even if the time expires. (When he learned of the difference in the view of the two groups of the people, the Messenger of Allah (may peace be tipon him) did not blame anyone from the two groups. (Muslim, Book 19, Hadith 4374)

c.     Hadith in regards to those individuals/scholars of current Era who claim themselves to be capable of understanding sharia with incomplete or partial knowledge or knowledge in the limited fields.

-       Narrated Jundub: The Prophet (peace_be_upon_him) said: If anyone interprets the Book of Allah in the light of his opinion even if he is right, he has erred. [Abu dawood, Book 25, Kitab Al-Ilm, Hadith 3644]

-       Narrated AbuHurayrah: The Prophet (peace_be_upon_him) said: If anyone is given a legal decision ignorantly, the sin rests on the one who gave it. Sulayman al-Mahri added in his version: If anyone advises his brother, knowing that guidance lies in another direction, he has deceived him. These are the wordings of Sulayman. (Abu dawood, Book 25 (Kitab Al-Ilm), Hadith 3649)

-       Narrated Buraydah ibn al-Hasib: The Prophet (peace_be_upon_him) said: judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell. (Abudawood, Book (Kitab Al-Aqdiyah) 24, Hadith 3566)

From the above it is evident that despite of having difference in opinions, all the four Imam’s are correct in their rulings.

14    The Need for Following a Particular Madhab

Now the question is if each one of the four schools (Hanafi, Shafi'i, Maliki and Hanbali) and their possible interpretations of the Shari'a rulings are correct and none of them can be held as something in contradiction with the Shari'a, then why the followers of one school cannot depart from the particular school of thought. For eg why not a Hanafi can adopt the Shafi'i or Maliki view in some juristic matters? Why is it impermissible to follow the view of another jurist in any particular issue? How can this approach be reconciled with the belief that all the four schools are considered correct? If they are all correct then there should be no harm in the Hanafis following Shafi'i, Maliki, or Hanbali views in some matters!! Why a follower should stick to one Imam or madzab?

It is true that all the four schools are on the truth and following any one of them is permissible in order to follow the Sharia as said earlier. However, a nonprofessional who lacks the ability to compare between the arguments of each school cannot pick and mix between different views to satisfy his personal desires. The reason for this approach is twofold.

Allah subhanahu wa tala has empathically ordered in a number of verses of the Holy Qur'an to follow the guidance of the Shari'a, and has made it strictly prohibited for one to follow one's desires vis-a-vis the rules of the Shari'a. The Muslim jurists, when interpreting the sources of the Shari'a, attempt never to satisfy their personal desires. They attempt to make their best effort to discover the spirit of Shari'a, and they base their opinions on the force of evidence and not merely on the search for convenience. They do not choose an interpretation on the basis of its suitability to their personal fancies; they choose it only on the basis of the strength of the evidence before them.

Now, if someone who has not studied Islamic law is allowed to choose any juristic view without consulting the arguments pertaining to those views, he will be at liberty to select only those views which seem to be more fulfilling to his personal requirements. This attitude will lead him to follow his own desires and not the guidance - a practice totally condemned in the Holy Qur'an.

For example & as said earlier, Imam Abu Hanifa is of the opinion that bleeding from any part of the body breaks the wudu, while Imam Shafi'i believes that bleeding does not break the wudu. On the other hand, Imam Shafi'i says that if a man touches a woman, his wudu' stands broken and he is obligated to make fresh wudu 'before offering prayer, while Imam Abu Hanifa insists that merely touching a woman does not break the wudu.

How can the practice of "pick-and-mix" be allowed? A layman may well choose the Hanafi opinion in the matter of touching a woman and the Shafi'i view in the matter of bleeding. Consequently, he will deem his wudu unbroken even when experiencing both situations logether (i.e. he has bled and happened to touch a women) even though his wudu' stands broken now according to both Hanafi and Shafi'i opinions.

Similarly, according to the Shafi'i view, a traveler can combine the two prayers of Zuhr and Asr. However, at the same time, if a traveller makes up his mind to stay in a town for four days, he is no longer regarded as a traveller in the Shafi'i view. Hence, he cannot avail himself of the concession of shortening the prayers [qasr] nor of combining two prayers. On the other hand, the period of travel, according to the Hanafi view, is fourteen days, and a person can continue to shorten his prayers as long as he does not resolve to stay in a town for more than fourteen days.

A traveler, who has entered a city to stay there for five days, cannot combine two prayers, according to both Imam Shafi'i and Imam Abu Hanifa. This is because, by staying for five days, he cannot use the two concessions of qasr and of combining two prayers according to Imam Shafi'i, and because combining two prayers is not allowed according to Imam Abu Hanifa. Nevertheless, the approach of "pick and mix" still leads some people to adopt the Shafi'i view in the matter of combining prayers and the Hanafi view in the matter of the period of journey.

It is evident from these examples that the selection of different views in different cases is not based on the force of arguments leading to them, but on the facility provided by each. Obviously this practice is equivalent to following one's desires, which is totally prohibited by the Holy Qur'an. If such an attitude is permitted, it will render the Sharia a plaything in the hands of the ignorants, and no rule of Sharia will remain immune to distortion. This is why the practice of "pick-and-mix" has been condemned by all the renowned scholars of Sharia. Imam Ibn Taymiya, the famous hadith scholar and jurist of Ahle Hadith, says in his Fatawa:

Some people follow at one time an Imam who holds marriage invalid, and at another time they follow an Imam who holds it valid. They do so only to serve their individual purpose and satisfy their desires. Such a practice is impermissible according to the consensus of all the Imams [Fatawa Ibn Taymiya 2: 285-286]

This was the basic cause for the policy adopted by the later jurists, who made it necessary for the common people to adopt a particular school in its totality. If one prefers the madhhab of Imam Abu Hanifa, then one should adopt it in all matters and with all its details. However, if one prefers another madhhab one should adopt that one in full. One should not pick and mix between the different views of the schools for one’s own benefit.

The benefit of the validity of the madhhabs, according to the jurists, is that a person can elect to follow any one of them. But once a person has adopted a particular madhhab, then he should not follow any other madhhab in any matter, whether it be to seek convenience or to satisfy his personal choices, both of which are based on his desires and not on the force of argument. Thus, the policy of "allegiance to a particular school" was a preventive measure adopted by the jurists to preclude anarchy in the matter of the Sharia,

However, this policy is meant for those who cannot carry out ijtihad themselves or cannot evaluate the arguments advanced by all the madhhabs in support of their views. For such people, the best approach is to follow one particular school as a credible interpretation of the Sharia.

Nevertheless, those equipped with the necessary qualifications of ijtihad need not follow a particular school [madhhab]. They can derive the rules of Sharia directly from the original sources. Similarly, those who are not fully qualified for the exercise of deriving rulings [ijtihad], but are so well-versed in the Islamic disciplines that they can evaluate the different juristic views on purely academic grounds (i.e. without being motivated by their personal desires), are not forbidden from preferring one school over the other in a particular matter. There are many Hanafi jurists who, despite their allegiance to Imam Abu Hanifa, have adopted the view of some other jurist in some juristic issues. Nevertheless, they are considered Hanafis.

This partial departure from the view of Imam Abu Hanifa could be based on either of the following grounds: sometimes jurists, after an honest and comprehensive study of the relevant material, come to the conclusion that the view of another Imam is stronger. Jurists may also find that the view of Imam Abu Hanifa, although based on analogy, does not conform to an authentic hadith, which is usually due to its not having been conveyed to the Imam; otherwise he most probably would have adopted a view in conformance with that hadith also.

Another case in which jurists have departed from the view of their Imam is when they have felt it a necessity for the collective good of the Umma. These jurists would follow another Imam not in pursuance of their personal desires, but to meet the collective needs of the Umma and in view of the changed circumstances prevailing in their time.

These examples are sufficient to show that the followers of a particular school do not take their school as a substitute for the Sharia or as its sole version to the exclusion of every other madhhab. Followers of a madhhab do not give any madhhab a higher place than it actually deserves within the framework of Shari'a.

Before parting with this question, I would like to clarify another point which is extremely important in this context. Some people who have no systematic knowledge of Islamic disciplines often become deluded by their superficial knowledge based on self-study (in many cases, it being only through the translation of the Holy Qur'an and hadiths). Following this kind of cursory study, they assume themselves to be masters of Islamic learning and begin criticizing the former Muslim jurists. This attitude is based on ignorance and has no justification.

The extraction of juridical rules from the Holy Qur'an and Sunna is a very meticulous process that cannot be carried out on the basis of sketchy study. While studying a particular juristic subject, one has to collect all the relevant material from the Qur'an and hadiths found in the various chapters and books and undertake a combined study of the scattered material. One must examine the veracity of the relevant hadiths in light of the well-established principles of the science of hadith [usulal-hadith].

One must study the historical background of the relevant verses and traditions. In short, one has to first resolve a number of complicated issues involved. This whole exercise requires very intensive and extensive knowledge which is seldom found in contemporary scholars who have specialized themselves in the subject, let alone the common men who have no direct access to the original sources of Shari'a.

The conclusion of the above discussion is that in principle since all the four schools are based on solid grounds, it is permissible for a competent scholar to adopt another school's juristic view, if he has the required knowledge and ability to understand the merits of each madhhab on the basis of adequate academic research, without being indulged in pursuing his personal desires. But the people who do not fulfill these conditions should not dare to do so, because it could lead to anarchy in the matter of Sharia.

Due this very reason of self-effacing/overconfident attitude of human being, overpowering ability of shaytan on individuals and to avoid more diversified opinions and further splitting of umma, census of Ulema (Ulma-e-Ijma) has restricted following of sharia rulings to these 4 school of thoughts and ruled out all the possibility of new opinions, closing down the doors of ijtihad to common folk and ulema of current era who never possess the ability par with above mentioned schools.

14.1.1      

14.1.2     Stick to Jamaah (The Main Body of the Muslims) and Their Leader

Look at the amazing questions from Hudhaifa (ra) a honorable companion of prophet (peace and blessings be upon him). While answering to the questions of sahabi, messenger of Allaah (peace be upon him) paused after each question, but he (ra) continued to ask, and the Messenger (salallaahu 'alaihi wa sallam) answered him in detail and with clarity about current fitna and solution. 

Prophet (peace be upon him) said: (A time will come) when there will be people standing and inviting at the gates of hell. Whoso responds to their call they will throw them into the hell fire.

Sahabi (ra) asked: Describe them for us.

Prophet (peace be upon him) said: They will be a people having the same complexion as ours and speaking our language. 

[This is Calamity!! Indeed, they are close to us. They are from our community and countries. Had they been foreigners - had they been from America or other than it - the affair would have been easy. However, the problem is that they are the misguided scholars in appearance of knowledgeable personalities. And it may be that they say, "I am a scholar, and I have with me shahaadaat 'ilmiyyah (i.e. proofs/certifications of my being a carrier of knowledge) and I am, doctor/mufti/grand mufti, son of saud/xyz and so on..." 

They are from us and they speak with our tongue. They are like us; rather they possess fluency/expressiveness. When they write, or deliver a speech, or a lecture, they speak with our tongue just as Allaah said concerning the hypocrites: 

...And when you see them, their appearance would please you; and when they speak, you would listen carefully to their speech; like wooden blocks propped against the wall; they assume every cry to be against them; they are the enemy, so beware of them; may Allah slay them! Where are they reverting [Surah Al-Munafiqoon, 63:4) 

They possess eloquence that grabs the attention/overwhelms the listener. The listener listens to them because of their eloquent speech. The Prophet (salallaahu 'alaihi wa sallam) said: 

Indeed some eloquent speech has the influence of magic (e.g., some people refuse to do something, and then a good eloquent speaker addresses them and then they agree to do that very thing after his speech). [Bukhari, book of Nikah, Hadith No: 76] 

They speak with our tongue (i.e. the Arabic tongue). Had they spoken with a foreign language or the language of the Persians, there would not have been inclination towards them. However, the problem is that when they speak with eloquent speech/good style of speech, the people are lured towards them. This is from the height of fitnah.]

Hudhaifah said: " Messenger of Allah, what do you suggest if I happen to live in that time? (i.e. the time of the callers to the gates of hellfire). 

He (peace be upon him) said: YOU SHOULD STICK TO THE JAMAH (THE MAIN BODY OF THE MUSLMIS) AND THEIR LEADER (*IMAM).

Sahabi said: (what) If they have no (such thing as the) main body and have no leader?

He (peace be upon him) said: Separate yourself from all these factions, though you may have to eat the roots of trees (in a jungle) until death comes to you and you are in this state. 

Therefore, in this is a clarification regarding what the Muslim must do with the appearance of these Fitan and evils that call the people to deviation from the practice of the guided one, abandonment of islaam and its rulings. The Muslim should not be deceived by them; rather stay with the Jama'ah of the Muslims. Stick to the Jama'ah of the Muslim/the guided leader and does not segregate from them, neither by way of opinions nor beliefs nor statements. Not to be deceived by the speeches or fluency in Arabic/English and what is falsely made to seem desirable; rather look at guided one upon whom Allah has bestowed his favours.

The related Hadith: “It has been narrated on the authority of Hudhaifa b. al-Yaman who said: People used to ask the Messenger of Allah (may peace be upon him) about the good times, but I used to ask him about bad times fearing lest they overtake me. I said: Messenger of Allah, we were in the midst of ignorance and evil, and then God brought us this good (time through Islam). Is there any bad time after this good one? He said: Yes. I asked: Will there be a good time again after that bad time? He said: Yes, but therein will be a hidden evil. I asked: What will be the evil hidden therein? He said: (That time will witness the rise of) the people who will adopt ways other than mine and seek guidance other than mine. You will know good points as well as bad points. I asked: Will there be a bad time after this good one? He said: Yes. (A time will come) when there will be people standing and inviting at the gates of hell. Who so responds to their call they will throw them into the fire.. I said: Messenger of Allah, describe them for us. He said: All right. They will be people, the same complexion as ours and speaking our language. I said: Messenger of Allah, what do you suggest if I happen to live in that time? He said: You should stick to the main body of Muslims and their leader (Imam). I said: If they have no (such thing as the) main body and have no leader? He said: Separate yourself from all these factions, though you may have to eat the roots of trees (in a jungle) until death comes to you and you are in this state. (Sahi Muslim, Book 020, Kitab Al Imara, Hadith 4553)

On the contrary people of current era blame Aima (Imam’s) upto the extent of saying Aima were misguided/wrong and encourage innocent/unqualified Muslims to make own study and Ijtihad. The followers of these scholars although failed to gain mastery over their academic qualifications and worldly studies & specialization assume themselves to be masters in Deen, leading self and others on the path of destruction.

Our beloved prophet, peace of our hearts and knower of unseen (peace and blessings be upon him) was aware of this time and said, “A time will come when people will take ignorant people as their leaders and ask them questions (related to Deen). These people will then issue Fatawa without having the relevant knowledge. They will themselves be deviated and will mislead others as well. (Mishkatul Masabih pg 33), (sahi bukhari, Book of knowledge/3, Hadith 100)

14.1.3     How the permissible becomes unlawful

A very clear example and answer to this question can be found during the caliphate of Uthman RA regarding the compilation of the Quran.

The Holy Qur’an was revealed in seven independent dialect/recitals. During the life of the Messenger the various Arabs would recite it according to one of these variant recitals. After physical passing away of Messenger (peace and blessings be upon him) Islam had spread across to Persia, Asia and Africa. With the spread of Islam also meant the new Muslims of these non-Arab lands would be learning and reciting the Sacred Book of Allah. It was at this time, during the Caliphate of the Sayyiduna Uthman (ra), that the existence of several variant recitals became a cause for confusion among the new coverts. What had initially been for the purpose of facilitation and ease was becoming, a means of difficulty and confusion.

Thus, Uthman RA perceived that failure to standardize the Qur'an would bring about a state of chaos and commotion in successive generations. He requested that all copies of the Quran be standardized upon one dialect and all other copies of the Quran with remaining dialects were discarded. He declared that the documentation, recitation and instruction of six recitals of the Holy Qur’an as unlawful, this was done in the presence of companions who concurred with him. Hence what was once permitted & practised in era of prophet, Abu Bakr and Omar (ra) was abrogated and was made unlawful.

“Uthman RA abrogated six and used the dialect of the Quraish for the official rendition of the Qur'an. Ibn Jarir wrote: "That was the community which was instructed to memorise the Qur'an and recite it. They were given the choice to recite it in any of the seven dialects they chose to do so. For whatever reason, it [the community] was ordered to maintain one standard dialect and to discard the remaining six." [Taseer Ibn Jarir: vol. 1, page 19]

There still remains the question that how can an action be allowed during the time of the Prophet sallalahu alaihi wa sallam (reciting the Qur'an in all seven dialects) and prohibited later. To paraphrase Ibn Jarir, the Muslim community was merely given the choice to recite in one of those seven renderings but no one rendering was made mandatory. The community later observed that there was benefit in restricting the dialects to only one. Ibn Jarir concludes: "What they did was mandatory upon them. Whatever they did, they did so out of concern for Islam and its adherents. Thus, their mandatory action was what was preferred for them, than to continue [reciting with all seven] with the status quo which would have lead the community towards more harm than benefit." [Taseer Ibn Jarir: vol. 1 page 22]

There is supposedly another opinion by Imam Malik. Ibn Qutaibah. Abu Fadl Razi and Shaykh Ibn Jazri. These scholars maintain that Uthman RA did not actually abrogate the remaining six renditions but rather standardized the script of the Qur'an to conform to one dialect which is the dialect of the Quraish. The other six renditions and dialects are still very much accepted as the Qur'an today.

If we take either of the opinion, it still supports the case for following a particular individual. This is because before Uthman RA standardized the script of the Qur'an, people were writing the Qur'an with several different scripts and even the order of the Surahs varied.

Uthman (ra) negated writing the Qur'an in different scripts, standardized order of surahs, issued new decree to discard scripts though out the world what was once permissible dialects, made a standard scripture, perceiving greater benefit to the Muslim community. This incident is an example of following one particular scholar and Imam.

The action of Uthman RA proves that if the Muslim community decides to adapt a way - out of several - to achieve an ideal (like reciting or writing the Qur'an in a standard script), it may eliminate the other practice if there is greater benefit for the community and the avoidance of harm. The same principle applies in the case of restricting Taqleed to the following of one school rather than following many.

15    Classification of Mujtahids and Their Levels

Broadly speaking, there are two categories in Muslims in terms of Ijitihad (extracting/reasoning the rulings).

      I.        Mujtahid (One who is qualified in ijtihaad) -A person who has so much of knowledgeable ability and understanding that he is able to understand Quranic injunctions, the purpose of the Divine Scripture, is able to extract rules from it, has complete knowledge over the applicable (naasikh) and inapplicable (mansookh).

Exceptional linguistic command over Arabic and is well-versed in all Quranic verses and Ahadith of laws. Besides these Qualities, he must be intelligent and have a comprehending mind.

     II.        Ghair-Mujtahid/Muqallid - A person who has not reached such a level. Taqleed is Necessary for a Ghair-Mujtahid and is not allowed for a Mujtahid.

There are six types of Mujtahids.

      I.        Mujtahid fis shara - Those scholars who make rules to be followed for ijtihaad, e.g. the Four Imams, i.e. Imam Abu Hanifa, Shafee, Maalik and Ahmad ibn Hanbal (ra).

     II.        Mujtahid fi-Mazhab - Those scholars who make Taqleed of these rules and deduce fiqhi, shareei laws (masaail) in light of them, e.g. Imam Abu Yusuf, Muhammad, Ibn Mubarak (ra), who are the Muqallids of Imam-e­Azam Abu Hanifa (ra) in the rules but are themselves Mujtahids in masaail.

    III.        Mujtahid fi-Masaail - Those scholars who are Muqallids of both the qawaaid and masaail but can prove, through the Quran, Hadith and other proofs, laws regarding which no elucidation/clarifications by the Imams can be found, e.g. Imam Tahaawi, Qaazi Khan, Shamsul-A 'imma Sarkhasi, etc  (ra).

    IV.        Ashaab e Takbreej - Those scholars who cannot make ijtihaad absolutely. However, they can clarify in detail an abridged ruling of an Imam, e.g. Imam Karkhi (ra).

     V.        Ashaab e Tarjeeh - Those scholars who can preponderate/outweigh a particular ruling from several other narrated rulings of the Imam regarding a single matter. Meaning, if in a certain rule there are two narrated verdicts of Imam Abu Hanifa (ra) these scholars can give tarjeeh (preference) of a certain one. Similarly, when there is a difference in ruling between Imam Abu Hanifa and the Saahibain (Imam Abu Yusuf and Imam Muhammad (ra)), they can give tarjeeh to the ruling they deem fit, e.g. the authors of Qudoori and Hidaaya.

    VI.        Ashaab e Tameez - Those scholars who can differentiate between the general ruling and uncommon narrations, as well as between the weak, stronger and strongest verdict, so as to act upon the reliable one and not on unfamiliar and weak narrations of verdict, e.g. the authors of Kanzud­Daqaaiq and Durre-Mukhtaar, etc.

Any person who does not possess any of the above-mentioned six qualities has to make Taqleed, e.g. you and me, including the general scholars of current era, who are only to research rules established by the mujtahids and convey them to the masses.

It is Haraam for a Mujtahid to make Taqleed. Thus, the Mujtahid belonging to a particular level of the six will not make Taqleed of those equal to or below their levels. However such a scholar will be a Muqallid of those Mujtahids above his rank. e.g. Imam Abu Yusuf and Imam Muhammad (ra) who are the Muqallids of Imam­e-Azam Abu Hanifa (ra) in principles (usool) and qawaaid but are not Muqallids to him in masaail.

16    Conclusion:

1)     There is no Taqleed in the fundamental beliefs of Islam, such as Tauheed, Risalat & Hereafter etc.

2)     Taqleed is made in those issues where there are different and perhaps contradictory statements on the same issue in the Qur'an and Sunnah and where instead of relying on one's own judgement, the opinion of an expert scholar is trusted and adhered to.

3)     These type of concept of Taqleed is present both in Quran & Sunnah, and it is irrefutable.

4)     Both Absolute & Individual kind of Taqleed was present in era of Companions and their followers.

5)     At pass of time, there was continuous increase in the gap between era of companions and followers, Continuous spread of Islam across the globe, leading progressive depreciation of knowledge & piousness. There was need of unifying & standardizing the laws to avoid decline of knowledge and protect correct understanding of Islam.

6)     The four renowned Madhhabs which found to be properly structured, well backed up/documented were certified by Ijma. These Madhabs are named after the four Pious imams –

a. Imam Abu Hanifah,

b. Imam Maalik,

c. Imam al-Shaafa’i and

d. Imam Ahmad.

7)     These imams learned fiqh (jurisprudence/laws) from the Qur’aan and Sunnah, and they are mujtahideen in this regard. The rulings of mujtahideen is related to religious laws/fiqh and not in Aqida, Aqida being same for All Muslims, all school of thoughts .

8)     The mujtahid if right, he will have two rewards, the reward for his ijtihaad and the reward for strongness of ruling, if he is incorrect/got less strong view then he will be rewarded for his ijtihaad and will be forgiven for his mistake [This is also agreed by Saudi research & fataawa centre, fataawa al lajnah 5/28]

9)     Technically speaking if one has the ability to derive rulings from the Qur’aan and Sunnah then he is permitted to do so, however the ability in itself meaning, requiring in depth knowledge of Quran, Sharia, with knowledge of time, place, condition, sharah of revelation, chain/authenticity in case of ahadees, validity/invalidity/restrictions of things with time etc and ensuring that ruling taken if any has no conflict with other aspects of quran/hadith/sunnah.

Practically, it is impossible for every individual to be expert in everything and every field; as in the case of worldly education system and for those who are not spiritually strong may easily get overpowered by satan/nafs leading to wrong understanding or figuring easy way out in Islam. Furthermore, difference in opinion, intention, understanding and ruling of individual to individual may cause lots of deviations from correct path, fading up correct way and practice of prophet, companions & tabe-tabaeen soon with pass on time.

10)  Taqleed in matters which we know not is wajib (Obligatory) and it is part of daily life.

Whoever does not have the ability to derive rulings himself, for him it is obligatory to follow one who has knowledge & expertise of Sharia.

11)  Pick on mix to own desire or self understanding is not allowed in Islam.

When an individual opts for an Imam (which he has to), he needs to stick to one imam in all methods of practice due to the very reason that there are certain issues where ruling of each school is different such as holding hands in prayer, raising hands at ruku, rules of wudu, time of asr prayer etc. nevertheless every rule is backed by strong proofs and their knowledge of understanding.

When an individual starts picking up the things with half baked knowledge or based on understanding of scholars from current era who are never comparable with scholars of earlier generations, he is basically under influence of Satan/Nafs to make his life easier for him.

Quran states “ and do not follow desire for it will lead you astray from Allah’s path; indeed for those who stay away from Allah’s path is a severe punishment,  Surah Al Sad 38:26]

12)  Considering the above, the Ulema-eAhlesunnah have ruled out individual ijtihaad & general following and restricted the Taqleed of one madhab, out of any four schools of thoughts to avoid conflict of interest, overpowering of Nafs, multiple directions/opinions/splits in Islam.

Follow "the path of those who have been favored (or guided)"  [as per the Gist of Surah Faitha 1:6]

"He followed his own desire.  His condition therefore is like that of a dog; if you attack him he hangs out his tongue and if you leave him he (still) hangs out his tongue." [Surah Al-Aaraf 7:176]

Do not be like Satan, who’s arrogance, reinforced by his false logic – prevented him from obeying Allah’s command. Satan said, "I am better than him (Adam), You created me from fire, and him You created from clay" [Surah Al-Aaraf: 12].

May Allah guide to the straight path, the path of those upon whom he has bestowed favours. Not the path of those upon whom his wrath is brought down nor of those who go astray - Ameen 

17    The Last Word

The article presented above is not a tool to encourage infights rather an attempt has been made to offer evidence justifying the actions of the Mujtahids & Muqallids so that people who often criticize the great Imam’s, the practice of Taqleed would be more cautious in their conclusions. If the opponent feels that their position does not deserve re-evaluation, then it is their privilege & Choice. However, to engage in classifying the great scholars and Imams as legislatures or innovators; or condemning those who follow the Imams as polytheists and innovators needs to be renounced.

In this current of turbulence & fitan, where Muslims are confused with problems and dilemma across the globe, there can be nothing more harmful for the Ummah than infighting over these particular and subsidiary details of law. What can be more blasphemous than condemning each other as non-Muslims and polytheists (Mushrik) because of non-essential differences and inoffensive details. It would indeed be a great tragedy that while differing upon the subsidiaries of the Deen. The enemies of Islam exploit these very differences to dismantle the fundamentals upon which the great structure of Islam rests, which has withstood external onslaughts for more than fourteen hundred years now.

History bears witness that it was not the enemy/non-believers who destroyed Islam, rather periodical  internal conflicts & disputes have participated in deterioration and eventual collapse. Ironically it seems to be divisiveness that appears to be the outcome of attempting to "redress the errors" of the four Madhabs rather than harmony between the Muslims, especially when the Ummah is facing crisis the gravity of which has never as yet been witnessed. In all sincerity and seriousness disagreeing in the fundamentals of Islamic law amongst the masses is a luxury which the Ummah at the present juncture can no longer afford. Unfortunately while the Muslims are preoccupied with internal rivalry it appears that the enemies of Islam are exploiting this opportunity to the full.

We pray that Allah guides us on the right path; that He shows us the truth as the truth is and allows us to follow it and that He shows us falsehood as falsehood is and allows us to abstain from it. We also pray that He divert our religious zeal and efforts from these internecine arguments towards aims and goals, which will elevate Islam and the Muslims.

18    Objections & Clarification

18.1     The Statements of Mujtahid Imams - Smite the opinion against the wall and practice the Hadith/Source

Objection: Imam Abu Hanifa, and other Imams, are recorded as saying: “If there is a sound hadith that goes against my opinion, then throw my opinion against the wall,” and other statements that forbid taqlid, such as: “Do not follow me.” In light of this, how can taqlid of an Imam be made obligatory, when the Imams themselves seem opposed to it?

Answer: Contentions that the Imams themselves have prohibited the following of their opinions until they have discovered the proofs and that if their opinions conflict with any Hadith, they should smite their opinions against the wall and practice the Hadith, are of course true. However to do justice to such statements, one would have to conclude that they are not addressed to people who do not possess the faculty of Ijtihad. Rather, they were appealing to those scholars who were capable of Ijtihad. Shah Waliyyullah of Delhi has summarised such statements thus:

"These statements can be assessed against those who have some ability to exercise Ijtihad - although in one single issue; or against those who have conclusively determined that the Prophet (peace be upon him) ordered this and prohibited that [and the issue is not abrogated]. This may be achieved by researching the corpus of the Hadith, the statements of those scholars who opposed and supported [the view in question] or this may be acquired by realizing that many expert scholars have opposed the view in question which in itself can only be supported by analogy or deduction. If such is the case, then there is no reason to go against the Hadith of the Prophet (peace be upon him)." [Hujjatul Baligah: vol. 1, page 155]

This meaning is clear. The Mujtahid Imams did not claim that Taqleed is invalid. Their own lives were filled with incidents and occasions where lay people came to them with hundreds of questions to which they answered without volunteering any proofs. Taqleed's permissibility was never questioned during the era of the Mujtahids. If such a practice were held to be invalid the Imams would never have allowed themselves to become its tools. Several statements from the Imams categorically state Taqleed to be necessary for the non-Mujtahid.

The following are a few examples:

"When the Mufti is such that he is a Mujtahid, then the lay person must follow him, even if the Mufti has erred in his judgement. This is how Hasan has narrated from Imam Abu Hanifa; Ibn Rustum from Muhammed and Bashir ibn Waleed from Abu Yusuf." [Kifayah: the commentary of Hidayah in the chapter fasting]

Imam Abu Yusuf continues:

"The lay person must follow the jurists since he is not capable of understanding the Hadith independently". [Abu Yusuf cited previously from Hidayah: vol. 1, page 226] 

Ibn Taymiyah reported that Imam Ahmed Ibn Hanbal used to:

"Instruct the lay person to ask Ishaaq, Abu Obaid, Abu Thaur and Abu Mus'ab. However, he used to prohibit his own Companions like Abu Dawood. Uthman ibn Sa'eed, Ibrahim al-Harbi, Abu Bakr al-Athrum, Abu Zar'ah, Abu Hatim and Muslim (among others) to follow anyone. He would say to them:

"You must follow the sources of the Qur'an and Sunnah." [Fatawa ibn Taymiyah: vol. 2, page 240]

This statement by Ibn Taymiyah makes it very clear that Taqleed was unsuitable only for those scholars/students who themselves were jurists and had the possible potential to become like their teachers in making decisions directly from the Qur'an and Sunnah. As for those who did not possess the requisite qualifications, they are strongly implored to follow a Mujtahid and practice Taqleed. In fact, Taqleed for the non-scholar was so overwhelmingly accepted amongst the scholars that only the Mu'tazilah disagreed with the idea. Shaykh Saifuddin Aamodi wrote:

"The lay person and the scholar who does not possess the ability to exercise Ijtihad - although they may possess some reliable skills in certain issues - must follow the opinion of a Mujtahid according to experts in principles and foundations (Usool). Some Mu'tazilah of Baghdad have differed on this issue and have prohibited Taqleed even for these people." [Ihkaamul Ahkaam, by Aamodi: vol. 4, page 197 also in Mustasfa of Al-Ghazali: vol. 2, page 124]

Shaykh Khatib of Baghdad wrote:

"It has been narrated from certain Mu'tazilah that it is not permissible for a lay person to follow the opinion of a scholar until he knows the reasoning behind his opinion. This is wrong because the lay person has no recourse to understanding the reasoning until he has studied for several years; has actually participated in the discussions with jurists and other scholars; has developed an understanding for analogy and realised what is correct and what is not. For a lay person to go through all this is subjecting him to carry a burden which is beyond his capabilities and that is not incumbent upon him." [Al-Faqith wal Mutafaqqih, by Khatib: vol 2, page 69]. There has been a difference of opinion - among the Mujtahids - as to whether a person who is capable of Ijtihad can follow another's opinion. Khatib of Baghdad has narrated Abu Sufyan as saying that indeed he may do so and Imam Muhammed as saying that he may follow the opinion of someone who is more knowledgeable than he. [ibid (Al-Faqith wal Mutafaqqih, by Khatib: vol 2, page 69)] Shaykh Ibn Taymiyah has also narrated this opinion from Imam Muhammed. Imam Shaf'iee and Imam Ahmed both say that this not allowed at all. Fatawa Ibn Taymiyah: vol. 2, page 24. 

Maulana Abdul Hai of Lucknow has recorded (while introducing Shamsul Aimah Halawani) Imam Imam Abu Hanifa's opinion:

"It has been narrated from Imam Abu Hanifa that it is permissible for a Mujtahid to follow someone who is more knowledgeable than himself." [Al-Ta'leeqaat Siniyaah, page 96]

The same explanation, applies to Imam Ahmad’s saying “Do not follow me…” (as narrated in Imam Ibn Taymiyya’s Al-Fatawa al-Kubra). Here clearly the Imam seems to be prohibiting all people from doing his taqlīd. Just as Imam Abu Hanīfa’s statement was taken out of context, so too was the case of this statement of Imam Ahmad. Straight after the first statement, Imam Ahmad ordered the layman differently, Ibn Taymiyyah narrates that Imam Ahmad would, “order the layman to get his opinions by asking the scholar,” vol.5 p.98 of Al-fatawa Al-Kubra. I,e, to the scholars who has the capacity of ijtihad he would say “Don’t follow me,” and to the laymen he would command them to ask the scholars and follow their opinion (in other words taqlid), however the Arabic word used for layman here was “Istifta” meaning ask for ruling, it was not asking for evidence and for layman to decide, Iama Ahmed has advised a layman to follow opinion/ruling of scholar.

Secondly,  it is not within the capability of a non-scholar to determine whether in actual fact Imam’s view contradicts a sound hadith or whether he has left acting upon a sound hadith. For what may on the face of it seem as Imam having neglected a hadith, as some often presume, could be due to a number of valid reasons. It could be because according to him that hadith is weak, or that the hadith is found to be abrogated by a later ruling in a verse or hadith, or he may even have acted upon it, but in a restricted way (in consideration of other texts).

An example of this is the hadith of Raf‘ al-Yadayn (raising of the hands in prayer) in Bukhari and Muslim. People often say here that Imam Abu Hanifa left the hadith, and normally it is argued that these hadith did not reach him. The truth is that he knew of these hadith intimately and debated Imam Awzai in Makka concerning them as is recorded in the Musnad of Imam Abu Hanifa with its commentary by Mulla Ali al-Qari, pp.35-38.

(Imam Abu Hanifa however, was also aware that there were many other sound hadith that explicitly stated that the raising was only done at the start of Salah by the Messenger of Allah a, and that also was the practice of many companions- after the physical passing away of the Messenger a. For example, he narrates the sound hadith from Hammad, from Ibrahim, from ‘Alqamah, from Ibn Mas‘ud ra that: “The Messenger of Allah would not raise his hands except at the beginning of Salah and not do so again.” Furthermore, the student of Ibn Umar (the key narrator of the hadith on Raf‘ al-Yadayn), Mujahid, narrates with a sound (Sahih) chain that the practice of his teacher (ibn Umar) was to only raise his hands at the beginning of the Salah. Imam al-Bayhaqi has narrated this narration in al-Ma‘rifa and Imam Abu Ja‘far al-Tahavi in Sharh Ma‘ani al-Athar, see I‘ila al-Sunnan, vol.3 p.64. Appreciation of all these considerations led Imam Abu Hanīfa to seek a middle position, namely, that the practice was once part of Salah, but like many other components of Taharah and Salah- was later abrogated as the mode of Salah became finalised. In this way he did not end up ignoring some hadith, but rather reconciled them all. It is also noteworthy that those scholars who knew Imam Abu Hanīfa’s opinions well never accused him of wontedly leaving sound hadith; scholars like the Imams Abdullah ibn al-Mubarak, Yahya bin Sa‘eed al-Qattan, Yahya ibn Ma‘een, Al-Dhahabi, amongst others (yet if anyone was qualified to flag up disregard of Hadith it was them).

The details of this debate can be found in the books of Islamic principles of jurisprudence such as al-Mustasfa of Al-Ghazali and Fawatihur Rahamut. In brief, other than a handful of Mu'tazilah scholars, no one has disagreed that a lay person should practice Taqleed.

So it must be said that these words of the Imam, and other such statements, were directed not at the layman, but at fellow scholars or his eminent students- each one of whom was a master scholar in his own right- and who could appreciate the sophistication of the issues involved. Certainly, it is true for a genuine scholar, taqlid of others (below his level of understanding) was not allowed. But as for the layman, all the Imams obligated them to do taqlid of the scholars. 

18.2     Salafi’s follow sahi hadith, whereas when hanafis are presented a hadith they deny to follow:

Objection: Surely we (the Salafis and Jama‘at ahl al-Hadith) are on the truth because in our methodology we always give precedence to the hadith, whereas Hanafis are presented with hadith, but leave them. Surely the former way is the correct way in following the Din?

Answer: Again, this is another crude oversimplification of the issue. The simple answer to this is that there is no standard criteria to determine which hadith take precedence over others, rather each of the learned imams formulated his own set of principles whereby he would reconcile between conflicting ahadith. Thus, a hadith which is cited as evidence by one imam may not be accepted by another imam, due to the presence of other evidences which outweigh it according to the latter’s principles. Based upon this, the very same objection can be reversed against those who raised this objection in the first place. i.e. you do not accept the hadith we base our madhhab upon. Furthermore, it is much safer to accept the rigorously organized/systematic principles of an expert mujtahid imam with extensive knowledge of the Qur’an and Sunna as opposed to the opinions of a person whose knowledge of the Din does not extend beyond the scope of a summarised version of Sahih al-Bukhari and at that, a translation of it.

Ashraf Ali Thanvi (A renowned deoband/wahabi Scholar) has eloquently made this very point in the book Ashraf al-Jawab, p.211:

“Where a difference is found on some ruling, it is because there are (several) opposing hadith. The hadith you mention to us, yes we do not act upon it, but then we act upon another hadith, that we accept, but you do not act upon it. Why do you accuse us then? You also can be accused of doing the same! You will argue that: “But our hadith is more preferable, and yours is rejected (marjuh).” Our response is that the method of deciding what is preferable is suspended upon perception and comprehension (dhawq). According to your perception a particular hadith becomes preferable and according to the perception of Imam Abu Hanīfa another hadith is more preferable to be acted upon. And according to us the perception of Imam Abu Hanīfa, in comparison to your perception, is safer and better (as his depth of knowledge of the Book of Allah u and Hadith of the Messenger a, his expertise in grasping their subtleties, his trustworthiness, his penetrating insight, honesty, fear of Allah were testified to by thousands of Imams and scholars of the Umma). In the light of this, to declare yourselves as those who act upon hadith and those who follow the four Imams as not acting upon hadith is pure bias.”

The great Muhaddith Imam Ibn Salah narrates that his Shaikh Muhammad Aslam al-Tusi would say: “The closeness in the chain is closeness to Allah”. Commenting Imam Ibn Salah says: “It is as he said, for closeness of the chain is closeness to the Messenger of Allah a and (obviously being) closer to him is being closer to Allah –azza wa jalla, (Op.cit. p4). One of the reasons Imam Malik is considered a major hadith specialist and an unrivalled authority is because of his special “Silsilat al-Dhahab” (Golden Chain), that has only two narrators between him and the Messenger a. Namely: Imam Malik from Nafi‘ from Ibn Umar from the Messenger a. Clearly, as we have seen, this lofty virtue is also found with Imam Abu Hanifa.

18.3     Imam Abu Hanifa  was not a Muhaddith (hadith expert), many hadith did not reach him.

Objection: A common objection which is nothing short of gross ignorance is that Imam Abu Hanifa was not a muhaddith (hadith expert), and hence many hadiths did not reach him. Therefore, it is unwise to follow an imam whose knowledge of the Sunna of Allah’s Messenger was deficient.

Answer: It is incorrect to claim that Imam Abu Hanifa was not a Muhaddith or that he lacked hadith. It is established through many sources that Imam Abu Hanifa spent many years travelling the Muslim world to acquire hadith until he became a Hadith master (Hafiz al-Hadith). He remained a student in the circle of the Muhaddith ‘Ata ibn Abi Rabbah in Makka for several years, with ‘Ata recognising him from amongst his distinguished students. Similarly, he obtained narrations from the Muhaddithin of Syria (Sham), such as Makhūl. The narrations of Medina would have also reached him through many means. Kufa, the Imam’s home town, itself was a hub of learning and hadith circles. Major Companions, such as Ibn Mas‘ud and ‘Ali ra, had migrated to Kufa and transmitted their wealth of narrations to their students who held their circles throughout the city. ‘Allamah Zahid al-Kawthari, in his Fiqh ahl al-‘Iraq – printed as an introduction to ‘Alamah Al-Zayla‘i’s Nasb al-Rayah, vol.1, pp.16-18- has recorded a number of their students who taught hadith in Kufa making the city a focal point for hadith students from around the Muslim world. These narrators include: Ubayda al-Sulaymani (died 72 AH), ‘Amar bin Maymun (died 74 AH), Zar bin Hubaysh (died 82 AH), Abu ‘Abd al-Rahman al-Salami (died 74 AH), Sawayd bi Ghafl(died 82 AH), ‘Alqamah bin Qays (died 82 AH), Masruq (died died 63 AH) etc. Thus whatever hadith existed in Makka, Medina, Syria and ‘Iraq were undoubtedly in the awareness of the Imam. Consequently, the Imam’s biography, in the encyclopaedia on hadith narrators, Tahzib al-Kamal, testifies to his abundance of narrations, his many teachers and students.

One can gain the lofty rank of Imam Abu Hanifa has in hadith by his elevated chain. He narrates many hadith with chains that are termed Thunaiyat (Two-narrator narrations) and Thulathiyat (Three-narrator narrations). This means that between the Imam and the Messenger of Allah a there only exists three narrators and often only two. In a recent study published under the title: Al-Imam al-A‘azam Abu Hanifa Wa al-Thunaiyat Fi Masanidihi, by Shaikh Abd al-Aziz al-Sa‘di, it is stated just the two-narrator narrations (Thunaiyat) of the Imam are approximately 219 narrations. This makes his narrations, according to the standards of the classical hadith specialists (Muhadithin), stronger and more esteemed and valuable4 than the narrations found in the Sahihs of Al-Bukhari and Muslim, as there, one will find, that the number of narrators between the muhaddith and the Messenger a are in most cases not less than four (in fact, the thulathiyat of Imam Bukhari only number 21 narrations). This proves beyond doubt that Imam Abu Hanifa was not only a reputable Muhaddith, moreover he was from the major authorities and Huffaz of Hadith.

18.4     The Following of Forefathers is Condemned in the Qur'an

Objection: The Qur'an has categorically condemned the following of ancestors and forefathers: "And when it is said to them: "Follow that which Allah has revealed", they reply: "No, rather we will follow what we have found our fathers upon." (This they say) Even though their fathers do not understand, nor are they guided."  (Surah Al-Baqarah : 170)

Answer: This verse outlines of the basic understanding of the religion. The polytheists did not accept the principle values of Tauheed “the Oneness of Allah”, Prophethood and the concept of the Hereafter, and used the argument that their forefathers did not believe in these principles.

The concept of Taqleed does not involve following Imams or Mujtahids in such fundamental issues and beliefs because these are not subject to Ijtihad.

For example. Shaykh Amir Badshah Bukhari wrote in his commentary on Tahreerul Usool:  "The chapter on the areas where asking for a Fatwa is valid are issues and rules which are non-conclusive and which are not related to beliefs. This is because certitude is required for issues relating to aqeeda [beliefs] according to the sound opinion. Taqleed will be disallowed in such issues and it is necessary to acquire such truths through correct understanding." [Taiseerul Tahreer, by Amir Badshah Al Hanafi : vol. 4, page 243]

The Taqleed, which is condemned in the above-cited verse, has also been categorically denied by the Imams. Shaykh Khatib Al Baghdadi has used the very same to prove this point in his book Usool Aqaid [Al-Faqih wal Mutafaqqih by Khatib vol. 2, page 66]

Allah has given two reasons why the Taqleed of forefathers is condemned.

1. Rejecting the revealed words and commandments of God and announcing to follow their fathers regardless of the truth of the message.

2. The second is that their forefathers were deprived of understanding and guidance.

The Taqleed under discussion does not fall into either of two forms of misguidance. None who expounds the doctrine of Taqleed shuns Allah and His Messenger and then follows an Imam in their place. In fact, they deem their Imam to be an interpreter of the Quran and Sunnah.

Likewise, none - not even those who denounce Taqleed - can claim or say that the Imams under question were devoid of basic understanding. All testify to the scholarship of these Imams. Thus, equating the Taqleed of these Imams with the Taqleed of non-believers is not only incorrect but also unjust.

18.5     The Condemnation of Taqleed of Savants and Sages

Objection: "They (the People of the Book) adapted their savants (priests) and hermits (sages) as lords as equals besides Allah." (Surah Al-Taubah: 31)

Answer: Taqleed of a scholar or Mujtahid is not equated as accepting his opinion as law or legislation. No Imam is regarded as lawmaker. They are merely regarded as interpreters of the law. To consider the Imam as an independent lawmaker and to be followed irrespective of his interpretation is of course equivalent to shirk. Opinions are followed upon the basis of being interpretations of the law. Ibn Taymiyah writes:

"It is incumbent upon people to follow Allah and His Messenger. These "People of Authority" the following of whom has been decreed by Allah, are to be followed subject to their following Allah and His Messenger and not as independent sources of guidance" [Fatawa of Ibn Taymiyah: vol.2 page 461]

Shaykh Ibn Taymiyah has differentiated between following an independent source of guidance and following someone who is guarded by the divine guidance.

On another occasion. Ibn Taymiyah states:

"...So following Allah and His Messenger deeming Halal what Allah and His Messenger have made halal and deeming haram what Allah and His Messenger have made haram and enforcing whatever Allah and His Messenger have made mandatory is incumbent on both humans and jinns, in private and public. Certain rules and laws are not easily recognized or understood except by the scholar, for this reason recourse to the knowledgeable in rules and laws established by Allah and His Messenger is recommended. Imams of the Muslim nation are in fact means and avenues and proofs (serving as bridges) between the Muslim community and the Prophet (peace be upon him) . They convey his statements and they explain it's meaning - according to their Ijtihad and capabilities. It is possible that Allah has given a certain scholar superior knowledge and understanding than another." [Fatawa of Ibn Taymiyah: vol.2 page 239]   Advocates of Taqleed claim nothing more than this.

The Hadith of 'Adi Ibn Hatim RA

The following Hadith reported from 'Adi Ibn Hatim is also used to refute the arguments for Taqleed. 'Adi Ibn Hatim RA said that he came to the Prophet (peace be upon him wearing) a gold cross around his neck. The Prophet said:

"O 'Adi! Throw away this idol from yourself."Then the Prophet recited the verse: "They took their savants and sages as Lords besides Allah."

He said: "It was not that they worshipped these people, but rather whatever they made permissible for them, they believed it to be permissible and whatever they forbade, they believed to be unlawful" (Tirmidhi)

As emphasised previously, this Hadith has no relation to the issue of following an Imam. The differences are exactly as highlighted previously. The People of the Book regarded their priests and monks as lawmakers. They hold the pope as a legislator and claim him to be perfect & foolproof with full authority to make independent laws. This is confirmed by the Encyclopaedia Britannica:

"Thus, since the Pope holds the highest authority in beliefs and doctrines, his authority is supreme and he himself is infallible. This status [of infallibility] is held by the archdioceses collectively. The pope has the same power to legislate and to judge, as do the collective archdioceses. Thus, the pope reserves the right to legislate" [Encyclopaedia Britannica:  vol. 8, pages 222/3 (1950 Edition)]

Those who follow the Imams and Mujtahids have never associated this kind of authority, legislative power and infallibility to their scholars. Thus, there is absolutely no comparison between the authority priests wielded over their parishioners and that which Muslim scholars wield in disputed issues of Islamic law.

The Statement of Abdullah ibn Mas'ood RA

The following statement of Abdullah ibn Mas'ood RA is utilized as an objection against Taqleed:

"No one should follow the religion of another such that if he believes, he believes and if he disbelieves, he disbelieves."

The question is who actually condones this sort of Taqleed? The text condemns Taqleed in beliefs and articles of faith. No scholar supports Taqleed in beliefs and articles of faith, as elucidated earlier. As far as following the predecessors in legal issues. Abdullah ibn Mas'ood RA has said:

"Whoever wishes to follow should follow the footsteps of those who have passed away. This is because living people are not immune from corruption [and change for the worse]. They [those who are worthy of following] are the Companions of the Prophet (peace be upon him). They were the best of this community... So acknowledge their merit: follow their footsteps and hold fast - as much as possible - to their guidance and character for they were upon guidance." [Mishkatul Masabeeh: page 32] 

19    Imam Abu Hanifa and his knowledge of Ahadith

To say that Imam Abu Hanifa ra either did not have access to many Hadith or that he was weak in the science of Hadith is injustice and based on ignorance. The truth is that even non - Hanafi scholars and scholars of Hadith have testified to his acumen and expertise in the field. Listed here under are authentic quotations of reliable, undisputed authorities in the Hadith sciences, attesting to the expertise in Hadith of Imam Abu Hanifa ra:

Imam Yahya Ibn Sa‘eed al-Qattan – “A Tabayee” & Grand teacher of Imam Bukhari (Died 198 AH)

Imam Yahya States: “We have never heard a better understanding of the Quran and Sunna than that of Abu Hanifa, and we follow him in most of his opinions.” (Ibn Kathir, Al-Bidayah wal-Nihayah, p.418 vol.13)

Imam Bukhari, as great as he is, was the student of Imam Yahya’s student – Ali al-Madini who spent years sitting under feed of great this great hadith scholar. His word used to be counted as definitive in narrator verification.

The point is that had Imam Abu Hanifa been a weak narrator or deficient in hadith, it is not conceivable that he would have been given such an unequivocal endorsement by such a high ranking hadith specialist.

Imam Dhahabi

Imam Dhahabi supports rank of Abu Hanifa in Deen by describing him as: “the Imam, the Faqih of the nation, the scholar of ‘Iraq: Abu Hanifa…,” (Siyar a‘alam al-Nubala, vol.6 p.390).

A person who is weak in hadith is not given such titles except to establish his solid rank.

Imam Yahya Ibn Ma‘een

Hafiz al-Mizzi cites the following attestation of Imam Yahya bin Maeen: “Abu Hanifa was a trustworthy narrator. He would only transmit hadith that he had memorised. He would never narrate those hadith he had not memorised,” (Tahzib al-Kamal, vol.29, p.424).

Imam Makki Ibn Ibrahim – One of greatest teachers of Imam Bukhari

Imam Makkī Ibn Ibrāhīm says, “He (Abu Hanifa) was the most knowledgeable person of his era.” (Tahdhib al-Tahdhib, vol 10, pg.451)

Imam Makki Ibn Ibrahim was also the student of Imam Abu Hanifa,

Imam Abdullah Ibn al-Mubarak

Attesting Imam Abu Hanifa’s deep perception of the Deen, Imam Abdullah ibn al-Mubarak said: “I have not seen a person like him when it comes to comprehending the Deenn,” (Tahdhib al-Tahdhib, vol.29 p.430).

Imam Al-Hakim al-Nisapuri – Author of Al-Mustadrak

Attests rank of Imam Abu Hanifa’s and including his name in prestigious list of hadith experts (p.245, Dar al-Kutub al-Ilmiyya Edition).

Imam ‘Ali al-Madni

Ali ibn al Madni says, “Abu Hanifa: Thawri and Ibn al-Mubarak narrated from him. He is reliable; there is no problem with him (la ba’sa bihi).” (Al-Jawahir al-Mud&i’a, vol.1 pg.29)

Imam Abu Daud

Imām Abu Dawud & says, “May Allāh have mercy on Mālik. He was an imām. May Allah have mercy on Shafaee. He was an imam. May Allah have mercy on Abu Hanifa. He was an imam.” (Jami‘ Bayan al-‘ilm wa fadlihi, pg.21)

It is important to note that the title imam is among the greatest words used by the muhaddiths to declare someone reliable. Thus, Imam Abu Dawud’s & referring to Imam Abu Hanifa & as an imam is in essence declaring his expertise in all fields.

In view of these facts, any odd statements that seek to establish the weakness of Imam Abu Hanifa can only be seen as fabricated and not truly the words of the scholars they have been ascribed to. Often, if the chains of such statements are analysed, as done by the authors of Taneeb al-Khateeb and Makanat al-Imam Abi Hanīfa bayna al-Muhaddithin, they can be shown to be weak, containing such narrators who were known for their enmity for the great Imam.

Shu'ba ibn Hajjaj

Shu'ba ibn Hajjaj was known as the "Commander of the Faithful" in the science of Hadith and he was also the first scholar who specialized in the evaluation of narrators (Jarh wa Ta'deel). Speaking of Imam Abu Hanifa: "He was, by Allah, a person with good understanding and excellent memory."

And when Shu'ba heard the news of Imam Abu Hanifa's death, he said:

"The light of knowledge has been extinguished in Kufa. They [the people of Kufa] may never see the like of him." [Al-Khayratul Hisaan by Ibn Hajar of Makkah, page 32 and 71, also from Injaal watan, page 8 and 17]

These quotations are merely for shed some light on his status, needless to say Imam Abu Hanifa had written his book: Kitabul Aathaar at a time when even the earliest of canonical books of Hadith such as Muwaata Imam Malik, the Musannaf of Abdur Razzaq and Ibn Abu Shaibah had as of yet not been compiled.

Imam Zaranjari confirmed that Imam Abu Hanifa wrote his book (on the quotations of the Companions) from a collection of 40,000 narrations. [The virtues of The Great Imam (Imam Abu Hanifa), by Muwaffiq: vol.1, page 192]