The Issue of Taqleed and Madhhabs

The Issue of Taqleed and Madhhabs

by Abû 'Aaliyah

 

Prologue

 

The Goal of the Muslim

Shaykh Muhammad ’Eed ’Abbaasee, hafidhahullaah, said:

"Our view is that it is upon every Muslim to follow that which Allaah, the Most Perfect, commanded in His Book and in the Sunnah

of His Messenger sallallaahu ’alayhi wa sallam.

This is the purity of Islaam and the true reality of faith. No Muslim

can ever be displeased with following what comes from Allaah and His

Messenger; as He, the Most Perfect, said:

 

"The only saying of the Believers, when they are called to Allaah and

His Messenger sallallaahu ’alayhi wa sallam to judge between them, is:

We hear and we obey. They are the ones that are successful."

[Soorah an-Noor 24:51].

 

And Allaah said concerning the Hypocrites:

 

"And when it is said to them: Come to what Allaah has revealed and to

the Messenger; you see the Hypocrites turn away from you in aversion."

[Soorah an-Nisaa 4:61].

 

As well as other Verses like this.

So following the Book and the Sunnah

is obligatory, and it should be made the fundamental goal for every

Muslim; this is the path that should be traversed. However, the people

are of differing types with regards to understanding and comprehension.

So from them is the ignorant one (jaahil) who does not understand the meanings of the Glorious Book and the noble hadeeth

; nor does he have the ability to deduce [rulings] from them; nor can he

comprehend what is sought from them. From them is the scholar who has

understanding (fiqh) of the Verses and the hadeeth

and is aware of what rulings can be deduced from them; he has the

ability to deal with the apparent differences between them; and he

understands the Arabic language and its ways. And from them are those

that are [at a level] between this. They are not ignorant; nor do they

have the understanding to derive rulings; nor do they have the ability

to understand what is being indicated to by the text; rather, they have

some knowledge, awareness, understanding and contemplation. However,

they do not reach the level of the scholar and the one who has

penetrating insight of the Book and the Sunnah.

So these are the levels of the people; and between them there are many

varying grades. The scholars call the first type of people muqallidoon, the second type are technically referred to as mujtahidoon, and the third type are technically referred to as muttabi’oon."

Many scholars, however, refer to only two catagories; the mujtahid and the muqallid. And just as the mujtahidoon vary in their levels, then so do the muqallidoon; some being closer to being muttabi’oon than others.

 

The Four Imaams are from the Best of Scholars

From the greatest of the scholars of this Ummah are the four Imaams; Abu Haneefah, Maalik ash-Shaafi’ee and Ahmad bin Hanbal, rahimahumullaah.

Ibn ’Abdul-Haadee, rahimahullaah, said:

 

"Allaah, the Exalted, is the One who selects from His creation. He

creates and selects whatever He wills. So He selected Aadam and his

progeny from all of the worlds. He selected from them Prophets and

Messengers. And He selected from them [the Prophet sallallaahu ’alayhi wa sallam

]; the leader of all the children of Aadaam. He then selected for him

his Companions; giving them excellence over the rest of the Believers.

He selected them to be the inheritors and successors, making them the

best of the followers. He raised from amongst them a people whom none

equalled in the worlds. From them were the four Imaams, the Imaams of

Islaam; beacons for mankind; whose verdicts and sayings are famous in

all the world. He made their scholarship something that the people have

agreed upon. Their remembrance is widespread in the [various] cities and

countries, and their knowledge shines brightly in the various

provinces."

The Issue of Ijtihaad and Taqleed

Shaykh Muhammad ’Eed ’Abbaasee said:

 

"The obligation upon the people of the first type is to make taqleed of any scholar of the Book and the Sunnah

, who is reliable in his knowledge and Religion. The obligation upon the second type of people is to make ijtihaad in understanding what is indicated by [the texts of] the Book and the Sunnah, and [then] to follow it and to direct the people upon it. The obligation upon the third type is to make ittibaa’ (lit. follow) of the Sharee’ah evidences that they are aware of, from the statements of the scholars. And whoever has the ability to perform ijtihaad, then taqleed and ittibaa’ of others is not lawful to him, except in cases of necessity ... Whoever has the ability to perform ittibaa’ then taqleed and ijtihaad are not lawful for him. Whoever does not have the ability to perform ijtihaad nor ittibaa’ then taqleed is obligatory upon him. The proof for this is that the basic principle (asl

) upon everyone is to make ittibaa’ of the Book and the Sunnah

, if they have the ability; just as Allaah, the Most Perfect, said:

 

"Make ittibaa’ of what has has been sent down from your Lord, and do not

make ittibaa of friends and protectors other than Him."

[Soorah al-A’raaf 7:3]. 

"Take what the Messenger gives you, and abstain from that which he prohibits you."

[Soorah al-Hash 59:9].

 

So if the Muslim does not have the ability to understand the Book and the Sunnah

and to deduce rulings from them, then he descends to the level of ittibaa’. If he does not have the ability for this, then he descends to the lowest level; which is taqleed. And this is when he enters into Allaah, the Exalted’s, saying:

 

"Ask the people of knowledge if you do not know."

[Soorah an-Nahl 16:43]."

 

In summary:

Shaykhul-Islaam Ibn Taymiyyah, rahimahullaah, said:

 

"And that which the majority of the Ummah are upon is that ijtihaad is permissible in general and taqleed is permissible in general. Ijtihaad is not obligated upon everyone whilst taqleed forbidden; neither is taqleed obligated upon everyone whilst ijtihaad forbidden. Rather, ijtihaad is permissible for the one who has the ability, and taqleed is permissible when ijtihaad cannot be performed."

The Permissible and Prohibited forms of Blind Following

The following discussion uses the two-type classification of people; mujtahidoon and muqallidoon. So as regards blind-following (taqleed), there is a permissible form and a prohibited form:

The Permissible form of Blind Following

There are two cases where taqleed is permissible:-

1. For the ’aamee who does not have the ability to acquire knowledge of the Sharee’ah ruling by himself; so taqleed is obligatory upon him.


2. The mujtahid when he encounters a new
   

   situation for which an immediate solution is required, but it is not

   
   

   possible for him to research into the matter; so in this case he is

   
   

   permitted to perform taqleed.

An elaboration of the first case

Shaykh Saalih al-Fawzaan, hafidhahullaah, said:

"As for the permissible form of blind-following (at-taqleedul-mubaah), then it is for the common person (’aamee) who, if he does not follow the people of knowledge, then he will stray from the path. Allaah, the Mighty and Majestic, said:

 

"Ask the people of knowledge if you do not know."

[an-Nahl 16:43].

 

And taqleed is not done to

just anyone. Rather, it is done to one who is acredited with knowledge

and piety; and he is known to the people for this."

Shaykhul-Islaam Ibn Taymiyyah, rahimahullaah, said:

 

"When a Muslim is faced with a problematic situation, he should seek a

verdict from one whom he believes will give him a verdict based upon

what Allaah and His Messenger have legislated; whatever school of

thought (madhhab) he belongs to. It is not

obligatory upon any Muslim to blindly follow a particular individual

from the scholars in all that he says. Nor is it obligatory upon any

Muslim to blindly follow a particular madhhab from

the scholars in all that it necessitates and informs. Rather, every

person’s saying is taken or left, except that of the Allaah’s Messenger

sallallaahu ’alayhi wa sallam. To follow the madhhab of

a particular individual because of an inability of knowing what has

been legislated, is from that which is permissible; it is not from that

which is obligatory upon every individual - if they have the ability to

know what has been legislated without this path of blind-following (taqleed].

So each individual should fear Allaah as much as he is able, and seek

knowledge of what Allaah and His Messenger have ordered; doing what is

commanded and keeping away from that which is forbidden."

An elaboration of the second case

Shaykhul-Islaam Ibn Taymiyyah said:

 

"As for the one who has the ability to perform ijtihaad, is it permissible for him to do taqleed?

About this there is a difference of opinion, with the correct opinion

being that it is permissible in cases where he is unable to perform ijtihaad; either due to the proofs being similar, or due to a time constraint in being able to perform ijtihaad, or due to the proof not being apparent to him. So in cases where he is unable, the obligation of ijtihaad

is lifted from him due to this inability."

Does the person who asks a scholar have to necessarily ask for a proof

Al-Khateeb al-Baghdaadee, rahimahullaah, said:

 

"As for one to whom taqleed is permissible, then it is for the common person (’aamee) who does not know the path [to arrive at] the Sharee’ah rulings. So it is permissible for him to do taqleed of a scholar and act upon his saying ... And it has been stated by one of the Mu’tazilah who said: It is not permissible for the common person to act upon the saying of a scholar until he knows the reason (’illah)

behind the ruling. So when he asks a scholar, he should ask him so that

he knows how the ruling came about. So when he knows and grasps this,

he should then act upon it. [Al-Khateeb said]: This is wrong, since

there is no way for a common person to know and grasp this, except after

gaining fiqh (understanding) for many years and mixing with the scholars for long periods of time ..."

The Prohibited form of Blind Following

Ibn al-Qayyim, rahimahullaah, said about the prohibitted types of taqleed:

 

"It is of three types:- Firstly: totally turning away from what Allaah has revealed, but rather being satisfied with the taqleed of one’s for-fathers. Secondly: doing taqleed of someone when you do not know whether that person is from those whose saying can be taken. Thirdly: doing taqleed after the proofs have been established and it becomes apparent that the evidence contradicts the view of the one to whom taqleed is done."

Imaam Ahmad bin Hanbal, rahimahullaah, said:

"How strange it is that a people who know the chain of narration of a hadeeth (isnaad) and its authenticity, yet still they follow the opinion of Sufyaan [ath-Thawree]; even though Allaah, the Exalted, said:

 

"Let those beware, who oppose the command of the Messenger, lest some

trial (fitnah) befalls them, or a painful punishment is inflicted upon

them."

[Soorah an-Noor 24:63].

 

Do you know what the fitnah

is? The fitnah is shirk! Since the rejection of some of his sayings could cause something of deviation to enter the heart, and thus be destroyed."

Shaykh ’Abdur-Rahmaan ibn Hasan, rahimahullaah, said:

 

"In the words of Imaam Ahmad, rahimahullaah, is an indication that doing taqleed before

the proofs reach a person is not blameworthy. Rather, the one who is to

be censured is that person to whom the proofs reach, yet he opposes

them due to [adhering to] the saying of his scholar."

Following a particular Madhhab

Some verdicts and sayings of the scholars concerning following madhhabs:

1. When encountering a difficult issue, do you advise the student of knowledge not to stick to a madhhab, or [do you advise] to turn to a particular madhhab?

Shaykh Muhammad ibn Saalih al-’Uthaymeen responded:

 

"If what is intended by sticking to a madhhab

is that a person sticks to that madhhab, and turns away from everything else; whether the correct view lies in his madhhab or another madhhab - then this is not permissible, and is from the blameworthy and bigoted partisanship. But if a person ascribes to a particular madhhab in order to benefit from its principles and guidelines, but he refers it back to the Book and the Sunnah; [such that] if it becomes clear to him that the preferred view lies in another madhhab, he then adopts that view - then there is no problem with this."

2. Shaykh Saalih al-Fawzaan, hafidhahullaah, said:

 

"The issue of sticking to a madhhab has in it

some detail. If a person has the ability to know the ruling from its

proof, and to deduce the ruling from its proof, then it is not permitted

for him to cling to a madhhab rather, it is

upon him to take the ruling from the evidence if he has the ability to

do so. However, this is rare amongst the people, since this is a quality

of the mujtahideen from the people of knowledge; those that have reaced the levels of ijtihaad.

As for one who is not like that, then he cannot take the rulings

directly from the evidences. And this is the predominant case amongst

the people, especially in these latter times. So [in such a case] there

is no harm in adopting one of the four madhhabsand making taqleed of one of them. However, he should not make blind taqleed such that he takes all that is in the madhhab; whether it is correct or incorrect. Rather, it is upon him to take from the madhhab that which - in his view - does not clearly oppose the evidence. As for those views in the madhhab

which clearly oppose the evidence, then it is not permissible for the

Muslim to take it. Rather it is upon him to adopt what is established by

the proof, even if it is in another madhhab. So his leaving the madhhab for another madhhab

in order to follow the evidence is something good; this is a matter

which is good - rather it is obligatory; since following the evidence is

an obligation."

3. Shaykh Muhammad ibn ’Abdul-Wahhaab, rahimahullaah, said:

 

"If a person is learning fiqh from one of the four madhhabs, then he sees a hadeeth that opposes his madhhab; and so he follows it and leaves his madhhab

- then this is recommended, rather it is obligatory upon him when the

proof has been made clear to him. This would not be considered as

opposing his Imaam that he follows, since they - Abu Haneefah, Maalik,

ash-Shaafi’ee and Ahmad, radiallaahu ’anhum ajma’een

- were all agreed upon this fundamental principle ... As for the case

whereby a person does not have any evidence which opposes the view of

the scholars of the madhhab, then we hope that

it is permissible to act upon it, since their opinions are better than

our own opinions; they took their proofs from the sayings of the

Companions and those who came after them. However, it is not essential

to declare with certainty (al-jazm) that this is the Sharee’ah of Allaah and His Messenger, until the proof that is not contradicted in this issue is made clear. This is the action of the Salaf of

this Ummah and its scholars - both previous and recent - as well as

that which they criticised: namely having bigotted partisanship for

particular madhhabs (at-ta’assubul-madhaahib) and leaving off following the proof."

4. Shaykhul-Islaam Ibn Taymiyyah was asked to explain Najmud-Deen Ibn Hamdaan’s saying: Whoever clings to a madhhab is to be criticised if he opposes it without a proof, or taqleed, or any other excuse.

 

Ibn Taymiyyah, rahimahullaah, responded by saying:

"Two things are intended by this [saying]:- Firstly: That whoever clings to a specific madhhab, then acts in opposition to it; without making taqleed of the fatwaa of another scholar, nor does he use an evidence as a proof which would necessitate opposing this, nor due to any other Sharee’ah

excuse which makes it permissible for him to do what he has done - then

such a person is a follower of his whims and desires; acting without

[making] ijtihaad or taqleed; and doing something forbidden without a Sharee’ah

excuse. So this is evil; this is what Shaykh Najmud-Deen intended, and

there is a text from Imaam Ahmad and others that it is not for anyone to

believe a thing to be obligatory or forbidden, then, merely based upon

whims and desires, believe that it is not obligatory nor forbidden ...

However, if there becomes clear to him something which necessitates

preferring one saying over another; either due to detailed proofs if he

knows and understands them, or because he holds one of the two people to

be more knowledgeable about this matter and having more piety about

what he says, and so he leaves the saying of that one for the saying of

the other one - then this is permissible, rather it is obligatory. And

there is a text from Imaam Ahmad concerning this."

Conditions for following a Madhhab

Certain conditions must be adhered to when following a particular madhhab:-

Firstly: To believe that infalibility belongs only to the Prophet sallallaahu ’alayhi wa sallam; all other people after him are fallible and make mistakes:

Shaykhul-Islaam Ibn Taymiyyah, rahimahullaah, said:

 

"It has been established in the Book, the Sunnah and theijmaa’

that Allaah, the Most Perfect, obligated upon the creation obedience to

Him, and obedience to His Messenger sallallaahu ’alayhi wa sallam. It

is not obligatory upon this Ummah to obey anyone in particular in all

that he may commands and prohibits, except the Messenger sallallaahu

’alayhi wa sallam; to the extent that the most truthful of this Ummah

and the most virtuous after its Prophet [i.e. Abu Bakr] said: "Obey me

in what is obedience to Allaah. But if I disobey Allaah, then there is

no obedience to me upon you." They are all agreed that there is no

single person who is infallible in all that he may order or prohibit,

except for Allaah’s Messenger sallallaahu ’alayhi wa sallam. That is why

more than one of the scholars have said: "Every person’s saying can be

taken or left, except for Allaah’s Messenger sallallaahu ’alayhi wa

sallam." And the four Imaams, may Allaah be pleased with them, all

forbade the people from blindly following them in all that they may say;

and this was an obligation upon them [to do]."

Secondly: That the intended goal should be to follow the Book and the Sunnah, and not to merely follow the opinions of the scholars of the madhhab. Therefore in any issue, if it becomes clear that the preferred view, along with its proofs, lies in other than his madhhab, he must follow the proof and not reject it.

Imaam ash-Shaafi’ee, rahimahullaah, said:

 

"The Muslims are united that if a Sunnah of

Allaah’s Messenger sallallaahu ’alayhi wa sallam is made clear to

someone, then it is not lawful for him to leave it for the saying of

anyone else."

Thirdly: That forming allegience (walaa) or enmity (baraa) based upon following a particular madhhab

is forbidden. Indeed no one should be particularised with an increase

of love and allegiance merely because he has adopted the same madhhab.

Fourthly: Whoever leaves the position of his madhhab,

due to following his whims and desires, or for seeking convenience, has

done something forbidden - and the words of Ibn Taymiyyah have

preceeded concerning this.

 

Refer also to the following

^{1. Jaami’ Bayaanul-’Ilm (2/102-120) of Imaam Ibn ’Abdul-Barr.}

^{2. Majmoo’ Fataawaa (2/220-226) of Ibn Taymiyyah.}

^{3. Adwaa‘ul-Bayaan (7/316-319) of Imaam ash-Shanqeetee.}

^{4. Fataawaa lil-Lajnatid-Daa‘imah (5/22-44) headed by Shaykh Ibn Baaz.}

^{5. Hadeeth Hujjatun bi Nafsihi (pp.94-95) of Shaykh al-Albaanee.}

^{6. Al-Usool min ’Ilmil-Usool (pp.99-104) of Shaykh Ibn al-’Uthaymeen.}

^{7. Muntaqaa min Fataawaa (5/362-368) of Shaykh Saalih al-Fawzaan.}