The Reality of Taqlid and Its Categories
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The second and third questions of Fatwa No. ( 11296 )
Q 2: What is the reality of taqlid, and what are its categories, with an explanation of the ruling?
A 2: All praise is due to Allah alone, and peace and blessings be upon His Messenger, his family, and his Companions. And after that: 1 - The scholars of usul al-fiqh (the principles of jurisprudence) have provided definitions to clarify the reality of taqlid (following a scholar without knowing his evidence), among which is the statement of some of them: (Taqlid is: accepting the statement of a speaker while one does not know
his evidence ), and some of them held that taqlid is: ( accepting the statement of a speaker without evidence ). Abu al-Ma'ali al-Juwayni chose the definition of taqlid as: ( following one for whom no evidence has been established for following him, and to whom one has not resorted for knowledge ). These definitions are close to one another, and the scholars of usul al-fiqh have discussions regarding them that return to logical methodology, but the intention here is to clarify the reality of taqlid in an approximate manner. 2 - As for its categories, with an explanation of the ruling for each category, it is as follows: A - The taqlid of ( one who possesses the qualification for ijtihad ) of other scholars after the truth has become clear to him through the established evidence from the Prophet (peace and blessings be upon him) - so it is not permissible for him to follow in taqlid one who contradicts him in what he reached through reasoning by consensus. B - The taqlid of ( one in whom the qualification for ijtihad is present ) of other mujtahids, before he reaches the Shari'ah ruling through his own ijtihad - so it is not permissible for him to follow in taqlid others in what al-Shafi'i and Ahmad and a group of them (may Allah have mercy on them) held, and this is the stronger position due to his ability to reach the Shari'ah ruling by himself; so he is obligated to perform ijtihad to know what the Shari'ah has obligated him to, by the saying of Allah the Exalted:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAnd if I order you to do something, then do of it as much as you can.
إذا أمرتكم بأمر فأتوا منه ما استطعتمis permissible; by the saying of Allah the Exalted:
Allah does not charge a soul except [with that within] its capacity
لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلا وُسْعَهَاSo ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لاَ تَعْلَمُونَAnd when it is said to them, "Follow what Allah has revealed," they say, "Rather, we will follow that which we found our fathers doing." Even though their fathers understood nothing, nor were they guided?
وَإِذَا قِيلَ لَهُمُ اتَّبِعُوا مَا أَنْـزَلَ اللَّهُ قَالُوا بَلْ نَتَّبِعُ مَا أَلْفَيْنَا عَلَيْهِ آبَاءَنَا أَوَلَوْ كَانَ آبَاؤُهُمْ لاَ يَعْقِلُونَ شَيْئًا وَلاَ يَهْتَدُونَBut no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.
فَلا وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًاIt is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair
وَمَا كَانَ لِمُؤْمِنٍ وَلاَ مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْSo let those beware who dissent from the Prophet's order, lest fitnah strike them or a painful punishment.
فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَنْ تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌSay, [O Muhammad], "If you should love Allah, then follow me, [so] Allah will love you and forgive you your sins
قُلْ إِنْ كُنْتُمْ تُحِبُّونَ اللَّهَ فَاتَّبِعُونِي يُحْبِبْكُمُ اللَّهُ وَيَغْفِرْ لَكُمْ ذُنُوبَكُمْ(64) Indeed, Allah has cursed the disbelievers and prepared for them a Blaze. (65) Abiding therein forever, they will not find a protector or a helper. (66) The Day their faces will be turned about in the Fire, they will say, "How we wish we had obeyed Allah and obeyed the Messenger." (67) And they will say, "Our Lord, indeed we obeyed our masters and our dignitaries, and they led us astray from the [right] way. (68) Our Lord, give them double the punishment and curse them with a great curse."
إِنَّ اللَّهَ لَعَنَ الْكَافِرِينَ وَأَعَدَّ لَهُمْ سَعِيرًا (64) خَالِدِينَ فِيهَا أَبَدًا لاَ يَجِدُونَ وَلِيًّا وَلاَ نَصِيرًا (65) يَوْمَ تُقَلَّبُ وُجُوهُهُمْ فِي النَّارِ يَقُولُونَ يَا لَيْتَنَا أَطَعْنَا اللَّهَ وَأَطَعْنَا الرَّسُولا (66) وَقَالُوا رَبَّنَا إِنَّا أَطَعْنَا سَادَتَنَا وَكُبَرَاءَنَا فَأَضَلُّونَا السَّبِيلا (67) رَبَّنَا آتِهِمْ ضِعْفَيْنِ مِنَ الْعَذَابِ وَالْعَنْهُمْ لَعْنًا كَبِيرًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.