> Is Taqleed a valid practice ?

[Assad]

:


Question:


Is taqleed a valid practice? Does it mean that we can accept any ruling without question?


Answer by Shaikh Adil Salahi:

Linguistically speaking, taqleed means “imitation, or following a particular practice”. In another sense, the word means “tradition”. We can see how the word came to acquire both senses, because a tradition means the following of a practice that has been approved as standard by a certain community. In Islamic law, or Fiqh, the word means adopting or following a particular view that is acceptable in a school of thought different from one’s own.
Let us take a simple and clear example. According to the Sahfie school of thought, any skin-to-skin contact between a man and a woman who can be married, or are married, invalidates ablution. The Hanafi school does not consider such contact to affect the validity of ablution. If a follower of the Shafie school shakes hands with a woman or hands something to his wife, touching her hand, he is required by his scholars to have a fresh ablution before he can pray. If on a certain occasion he finds this difficult, he may think of adopting the Hanafi view on that particular occasion. Can he do that? If he does, is his prayer without a fresh ablution valid? According to the Shafie school of thought, it is not, but according to the Hanafis, it is. Where does this leave him?


Before answering this question, I would like to remind my readers that Imam Abu Haneefah, the first of the founders of the four schools of thought, did not sit to teach or issue any ruling until year 120 H, when he reached 40 years of age. This means that for 110 years after the Prophet’s death, none of the four Imams had uttered a single ruling. Indeed two of them had not been born yet. So, what was the status of Muslims who lived during this period lasting more than a century? I am simply asking this question to make it clear that following a particular school of thought is not essential.


I have often stated that in practice very few people adhere to a single school of thought. A scholar who is well-versed in Islamic Fiqh will choose from each school the view he is most comfortable with, according to the evidence cited in support of that view. A layman follows a particular school only in the basics which we all learn in childhood. These apply only to daily acts of worship. On major matters, we refer the question to a scholar who does not need to know the school of thought the questioner belongs to. He should give him the answer that is easiest and supported by stronger and better evidence. Only a scholar who studied a school of thought in depth and decided to follow it diligently does so. Otherwise, we all follow what we learn from scholars who are required to give us the most suitable ruling in any question we put to them.


Where does this leave us. It simply tells us that none of us practically follows a single school of thought. We all take some views from here and there, as suits us and as scholars tell us to do.

[salman]

As-Salamu 'Alaykum

just to clarify, a layman, like myself, has no madhab and so we ask the people of knowledge, a mufti. It is ONLY permissible for the students of knowledge and scholars (who has not yet reached the level of ijtihad) to make taqleed of madhab or a particular ruling but they need make sure that they don't follow the incorrect opinions of their madhab. What is forbidden is the blind taqleed or it is against the ijma' (consensus) to make taqleed of madhab obligatory upon everyone.

Wallahu A'lam

[Umm Sufyaan]

:

What is forbidden is the blind taqleed or it is against the ijma' (consensus) to make taqleed of madhab obligatory upon everyone.

akhee, could you post a source for that...

[salman]

^Wa'alaykum As-Salam

as far concerning the first bit, this is well known: a person (student of knowledge or a scholar who isn't a mujtahid yet) following a madhab must not follow the errors of the Imaam he's making taqleed. He must follow the Qur'aan and Sunnah or the ijma' when his madhab/opinion of the Imaam is against the Qur'aan or Sunnah or the ijama'.

As far concerning that following a madhab isn't obligtory then you can refer to All about following a Madhab and taqleed

Wallahu A'lam

[al-boriqee]

The Best explanation of taqleed that i have seen after the classical jurists is the modern explanation given by a conglomerate of shiyookh in the Kingdom of Saudi Arabi and here is the relevant question

Question:

What is the true meaning of taqleed and what are its categories along with the clarification of its ruling?
Answer:

All praise is for Allah alone and may the Peace and Blesssings be on His messenger, and his family, and his companions.
To proceed:

a) The scholars of Usool (fundamentals) have mentioned definitions to clarify the true meaning and essence of taqleed, and from them is the saying of some of them that taqleed is the acceptance of a saying of a person without him knowing its evidence. And some of them [the scholars] held the view that taqleed is the acceptance of the saying of a person without argument. And Abu Ma'aali al-Juwayni chose the definition of taqleed that it is the following of one whose following is not based on proof and does not rely upon knowledge. And these definitions of the scholars of Usool, which are all close in meaning, have in it differences [in wording] which originate in the skill of enunciation, but the point here is to clarify the essence of taqleed in the manner of approximation.

b) And as for its categories along with the ruling of every category, then it is as follows:

1) Taqleed by the one who has the skills of ijtihaad, to others from the scholars after the truth has been made clear to him with confirmed evidences from the Prophet (s). This is not permissible for him to do taqleed to what contradicts that which reached him from evidences and ijmaa’ (consensus).

2) Taqleed by the one who has been endowed the skill of ijtihaad, to one other than him from the mujtahideen before he reaches a ruling with his [own] ijtihaad. Then it is not allowed for him to do taqleed to others.

[This is what] as-Shaafi'i, Ahmad, and others, Allah have mercy on them, held as their opinion, and is more correct, due to his ability to arrive at a ruling by himself. He is responsible for ijtihaad to know what the sharee’ah has made him liable for because of His saying, the Most High, "So have taqwa of Allah as much as you are able," and what has been confirmed from the saying of the Prophet(s), "When I command you by a command, then follow it as much as you are able."

3) Taqleed of the one who is not able to research the evidences and derive rulings from it, to a scholar who has been endowed the skill of ijtihaad in the evidences of the sharee’ah.

This is permissible, due to His saying, the Most High, "Allah does not burden a soul more than it can bear," and His saying, the Exalted,
"Then ask the people of remembrance [scholars] if you do not know," and other texts similar to these, which point to the removing of difficulty and the protection of the one responsible, from straying about in the rulings and speaking about Allah without knowledge.

4) The taqleed to the one who differs with the sharee’ah of Islam from the forefathers, leaders, and rulers, due to nationalism or following desires. This is prohibited by ijmaa’. And verily many texts from the Qur'aan and Sunnah have been mentioned [in this]. And Allah, the Most High said, say: 'Rather we shall follow what we found our fathers following,' even though their fathers did not understand anything nor were they guided."[Baqarah:170]

And Allah, the Most High said, "But no, by your Lord, they can not have faith until they make you judge in all disputes between them, and they find in themselves no resistance against your decisions, and accept with full submission."

And Allah, The Most High said, "And it is not for a believer, man or woman, when Allah and His messenger have decreed a matter that they should have any option in their decision." [al-Ahzaab:36]

And the Most High said, "And let those who oppose his [the Messenger's] commandment beware, lest some trials should befall on them or a painful torment be afflicted on them."[Noor:63]

And the Most High said, "Say If you [indeed] love Allah, then follow me, Allah will love you and forgive you your sins."[Aali Imraan:31] And the Most High said, "Verily Allah has cursed the disbelievers and prepared for them a flaming fire. They will abide in it forever, they will find no protector nor helper. On the day when their faces will be turned over in the Fire, they will say: 'Oh would that we had obeyed Allah and obeyed the Messenger. And they will say: 'Our Lord! Verily we obeyed our chiefs and our great ones, and they misled us from the right way. Our Lord! Give them double torment and curse them witht a mighty curse!" [al-Ahzaab:64-68]

Permanent Committee for Research and Verdicts
Shaykh `Abdul-`Azeez Bin Baz
Shaykh `Abdullah bin Ghudayaan
Shaykh `Abdur-Razzaaq al-`Afeefee

The Fataawaa of The Standing Committee for Islamic Research and Ifta, No. 11296

So not all taqleed is forbidden, because indeed the truely ignorant person whos just an average person who just does what he needs to do in Islam and that pretty much it, then his condition dictates to him that he makes taqleed of the one who KNOWS, because at least he will not be making his own ijtihaad from the ocean of knowledge that he does not have, but making taqleed to one who has a sea or an ocean of knowledge. Those who are able to verify and study, they are exempt from this rule of taqleed, from the serious laymen whose studious and on upward to the alim.