Taqlid
Taqlid
Introduction
The social life
of human beings is based on mutual co-operation: each one of us takes the duty
of fulfilling one of the needs of the society, and, in return, each one of us
expects to benefit from the expertise of the others. Just as not everyone can
become his or her own doctor, in an Islamic society, not everyone can become a
mujtahid. Those who are not mujtahid will follow the shariah by doing taqlid; “following
the opinions of a high-ranking and pious mujtahid”. It means it applies only in
the cases of those who do not possess the qualifications of Mujtahid.
Meaning
a) Literal meaning
Taqlid
literally means following the opinion of another person without knowledge of
the authority for such opinion.
b) Jurisprudential meaning
As a term of
jurisprudence, it means following the opinion of a jurist in matters which have
not been dealt with by an express text, i.e. Quran, Sunnah or Ijma.
c) Definition
Qadi Muhammad
Aala Thanwi defined taqlid as;
·
“Taqlid
means to follow or accept the action or view of another on the basis of trust
and having faith therein, without demanding proof or substantiation thereof”.
Allam Ibn Malik
defined it;
·
“It
(taqlid) refers to following the action or view of another, regarding it as
truth and factual, without querying the proof thereof”.
Explanation
From the
foregoing definitions, it is quite clear that taqlid is only practiced in
matters that are not of clear interpretation within the Divine Texts and the
status of Mujtahid is of a juristic in character.
Furthermore as
taking the matter of common sense, Taqlid is a natural propensity and
predisposition of human life. Every knowledge is based upon taqlid, e.g.
unquestioned reliance on teacher, learning grammar, spelling, pronunciations
etc. in fact every act in social or daily life, drinking, behaving, dressing is
taqlid.
Muqalids and Ghair-Muqalids
Those who
follow one of the four Sunni Schools of thought is known as Muqalid, and those,
who call themselves the non-followers (ghair-muqalids) means that they are a
class apart who do not owe allegiance to anyone of the four schools of
thoughts. But they claim themselves independent of any particular approach.
They call themselves the followers of traditions (Ahl-Hadith).
End of Ijtihad and Beginning of Taqlid
It is said,
that the exercise of ijtihad had almost ended in the last days of Abbasid
period. The period of Imams was the one at which ijtihad was on its peak. Later
is steadily diminished like a vanishing star in the sky, and from onward
concept of Taqlid set in. The Muslim authors on Islamic Jurisprudence have
attributed the downfall of ijtihad or the beginning of taqlid to various
reasons. These are summarised as;
·
The
holy Prophet PBUH said; “The best generation is my generation, then the second
and then the third and then shall come people in whom there would be no good”.
This tradition is produced to substantiate the fact that the period of taqlid
had come in sooner or later.
·
With
emergence of the four Sunni Schools during the first three centuries, Islam
witnessed considerable development actively in respect of Islamic Law. Then was
therefore little scope left for the later generations in the matter of ijtihad.
Consequently the idea of taqlid slowly gained ground.
·
There
was a time in 13th century A.D under the influence of Halaku Khan,
the Mujtahideen unanimously agreed to end ijtihad and follow the four Sunni
Schools. Complexities of life, day to day affairs, and impossibility for
everyone to become Mujtahid, naturally raised concept of Taqlid.
Proof of Taqlid
a) In Quran
The verses which generally may be
quoted in reference to taqlid are;
·
In
Sura Ambia (21-7);
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“So ask the people of
the Reminder if you do not know”.
Means
as far the duty of layman is concerned, it is his duty to follow
the guidance of the learned.
·
Sura Al-Tawba (9-122);
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“And it is not (proper)
for the believers to go out to fight (Jihad) all together. Of every troop of
them, a party only should go forth, that they (who are left behind) may get instructions
in (Islamic) religion, and that they may warn their people when they return to
them, so that they may beware (of evil)”.
This verse
divides the people into two groups: those who are learned in religious sciences
and those who are not. It is the duty of the learned to “warn” (a broad term which implies advice
and guidance) the common people, and it is expected of the common people to “beware” (take heed of the learned persons’
advice and follow). In sharia matters, this process of guiding the common
people is technically known as “ijtihad,” and the process of following the
guidance by the common people is technically known as “taqlid”.
·
Sura
Al-Mulk (67-9)
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“And
they will say: “Had we but listened or used our intelligence, we would not have
been among the dwellers of the blazing Fire””.
Shah
Abdul Aziz writes in his commentary of this ayah; that the phrase “nasmau” “had
we listened and followed” is for the validity of Taqlid and the phrase “naqilu”
“had we used our intelligence” is for the validity of ijtihad.
·
And finally the verse of Sura Al-Nisa (4-59)
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“O
you who believe! Obey Allah and obey the Messenger (Muhammad SAW), and those of
you (Muslims) who are in authority”.
The
clause ‘those of you’ and “ulu-amr” means faqih/jurist or Mujtahid. These
indicates compulsory obedience in matters of Shariah.
b) In Sunnah
·
Hazrat
Huzaiffah reports, Prophet PBUH once said;
“I do not know
how long I will remain with you people, therefore make iqtida of (follow) Abu
Bakr and Umar after me”.
The word iqtida
here refers to following and obedience in matters of Shariah (religion).
Opposition of Taqlid
Various
arguments are forwarded by opposition to taqlid, which might be based on
misconceptions with regards to the concept of Taqlid.
a) In Quran
The ayah
referred in this regard is; Surah Al-Baqara (2-170);
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“When
it is said to them: “Follow what Allah has sent down.” They say: “Nay! We shall
follow what we found our fathers following.” (Would they do that!) even though
their fathers did not understand anything nor were they guided?”.
Here
it is pertinent to mention, that literal meaning of this ayah is being taken
against taqlid, whereas the reference was to avoid taqlid of ignorant
predecessors due to their corrupt beliefs. So it can be said that taqlid is not
a matter of basic belief, rather it is totally separate matter not fall within
the ambit of this ayah.
b) In Sunnah
A
narration of Abullah Bin Masud R.A is also cited in this regard, as;
“Let
no person make taqlid of another in religious matters, if he bring (iman) faith
the other follow him and if he commits (kufr) disbelief the others follow
suit”.
Again
what is argued in favor of Taqlid, is that here reference was in matter of
(iman) faith and (kufr) disbelief.
Modern ijtihad and Taqlid
Professor Gibb
states; that the aim of those who practiced ijtihad was modernism. And by means
of modern ijtihad it means, not only that a proposed reform may be justified by
a fresh interpretation of a specific text of the Quran or Sunnah but also that
novel rule may be considered a legitimate expression of Allah Almighty laws
because it is not contrary to any specific text of the Quran or the Sunnah.
Justice
Anwar-ul-haq in his judgment, in case of “Khurshid Jan versus Fazal Dad” 1964
Lahore high Court observed;
“The view of
the earlier jurists and Imams are entitled to the utmost respect and cannot be
lightly disturbed, but the right to differ from them must not be denied to the
present day courts”.
Prof N. J.
Coulson says; “these statements amount to a renunciation of the doctrine of
taqlid in the widest possible sense”.
a) Modern legal reforms and taqlid
From an analytical point of view,
these reforms in the countries of the Near and Middle East and
Indo-Sub-Continent may be divided into two stages;
(i) The period prior to 1946
During this
period, the doctrine of taqlid (imitation) was still formally observed and
reforms were made without open contradiction of taqlid. This can be summarised
as;
·
Fatwa-e-alamgiri;
by emperor Aurengzeb in India, has a status of semi-legislative nature.
·
The
Majalla; brought into force by Sultan of Turkey is the first authoritative and
extensive piece of legislation.
·
Shariah
law of 1937 in India, is one of the hallmark of modernization of Islamic Law.
·
The
Musalman Wakf Validating Act of 1913 and 1930, is worth to be mentioned here.
(ii) The period after 1946
From the year
1946 onwards the doctrine of taqlid has been openly challenged. Thus it again
unlock the doors of ijtihad by e.g. the Tunisian Law of Personal Status 1957
and Egyptian Law of Testamentary Disposition of 1946.
Syrian Law of
Personal Status 1953 and the Pakistan Muslim Family Laws Ordinance 1961 was
also a sort of modern time legislation as opposing taqlid.
Saying of Great Mujtahids and Conclusion
The opposites of Taqlid referred
following sayings of great Mujtahids in their favour, which can be a
misconception in view of their understanding.
a) Sayings
(i) Imam Abu Hanifa (rahimatullah)
The author of ‘Hidayah’ quotes that;
“Imam Abu Hanifa was once asked what was to be done if any of his views were
found to be contradictory to Quran? He replied that his view was to be
discarded and rejected”.
(ii) Imam Malik (rahimatullah)
Ibn Madini writes that; “Imam Malik
once said, I am but a mortal. At times, my opinions may be correct and at times
I may err. Therefore, ponder deeply upon my views and accept that which is in
accordance with Quran and Sunnah and reject that which is contradictory to
Quran and Sunnah”.
(iii) Imam Shafi (rahimatullah)
Imam Baihqi narrates from imam Shafi
that; “if you find any view in my works that contradict the Sunnah of Rasullah
s.a.w, then do not accept my views”.
(iv) Imam Ahmad bin Hambal (rahimatullah)
His opposition to Rai (peronsal
opinion) is too well known to require further elucidation.
b) Conclusion
The sayings of
Mujtahids are correct but the need is to understand them in correct context. It
is quite obvious that sayings are directed to those who can exercise ijtihad
and independent scholarship. Shah Waliyullah writes;
“The sayings of
Mujathidun are really intended for those persons who possess a degree of
ijtihad ability themselves”.
So, logically
and generally taking these sayings are prima facie that they are not in
condemning taqlid, rather many and thousands of rulings of these Mujtahiduns
are without providing full substantiations simply because of the lack of
ability by the questioner to comprehend them. This action is practical
manifestation of the definition of Taqlid. And with regards to the concept of
taqlid by a non-mujtahid of a mujtahid is as such and unanimous that entire Ummah
is and was agreed on this matter throughout the Islamic History.
Furthermore
with regards to the role of ijtihad as a source of Islamic law cannot be
underestimated. There is no blinking the fact that it is a principle of
movement in the structure of Islam. The right of ijtihad or independent
interpretation cannot be denied to the modern Muslim jurists. It is on the
basis of this process that the most striking legal reforms have been made in
the Muslim World.
The answer
briefly can be given as the taqlid of ordinary public is very much different
with taqlid of Mujtahid (jurist). Furthermore Shariah allows restricted form of
Ijtihad and can only be practiced by a qualified jurists. So, it would be quite
unfair to stand taqlid as responsible for non-practicing ijtihad, because of
there is no conflict between these two. Taqlid never interfered in exercising
ijtihad.
What taqlid has
done, is merely placed a check on reckless, irresponsible and unqualified
employment of ijtihad by unqualified persons. And lastly, discarding taqlid
would bring dangerous consequences and stubborn attitude of pursuing self-opinionation
in a serious matters of Shariah might lead to a deflection from the Truth and
ultimately deviation from the religion of Islam.
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