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The Prohibition of Performing Taqlid in the Religion – Shaykh Badi ud-Din Shah ar-Rashidi as-Sindhi (d.1416H)

Summarised and Translated
Abu Hibban and Abu Khuzaimah Ansari

A general point: What is taqlid?

Imam Ibn Abdul Barr and Imam Ibn al-Qayyim quote Abu Abdullah b. Khawaz Mandad saying,

‘Taqlid in the shariah is to turn to the saying of someone without proof and this is impermissible in the shariah and Ittiba is to take the saying with proof. (I’lam al-Muwaqqi’in Imam Ibn Qayyim (2/178) and Jami’ Bayan al-Ilm of Ibn Abdul Barr (2/118).

The Hanafi madhhab jurists have explained taqlid to mean,

To act upon the saying of someone without any evidence or proof. (Fawatih ar- Rahmut Sharh Muslim ath-Thabut (2/400).

So it can be seen that those who perform taqlid will not be able to differentiate between the saying which is upon the truth and that which is upon falsehood. It can generally be seen from the definition of taqlid that:

✓ Taqlid is not knowledge but it is ignorance.

Imam al-Ghazzali writes,

“taqlid is to accept the saying of someone without any proof or evidence and this is not the way to attain knowledge of that which is from the usul (fundamental principles of the religion or the furu (those matters which are secondary). (al-Mustasfa (2/385).

And it is written in Fawatih ar-Rahmut Sharh Muslim ath-Thabut (2/402) that, taqlid is not the way for attaining certain knowledge. So know that that thing (taqlid) which does not lead to attaining knowledge cannot be called wajib (obligatory). Taqlid stops an individual from looking at the Quran and hadith as a proof and evidence. Never mind this being obligatory this cannot even be tolerated.

Despite this some of the Hanafi scholars wrote,

The dalil (proof) for a muqallid is the saying of the mujtahid scholar, not his own thought or his scholars’. (Muslim ath-Thabut (p.5).

Therefore for the one performing taqlid the Quran and sunnah are no longer the proof and evidence and he is forever free from them.

Some misconceptions cleared

To accept the witness of someone is not taqlid. The highly accepted book of the Hanafi fiqh titled Fawatih ar-Rahmut Sharh Muslim ath-Thabut (2/400) states,

“For the general lay person to turn to the mufti (scholar who gives a verdict) and for the judge to turn to the acceptable witness is not taqlid.”

So it is clearly proven to accept a verdict of the scholar of hadith is not taqlid. It is not taqlid to accept narrations from Sahih Bukhari. Why? Because there is ijma (unanimous agreement) of the ummah that it is the most authentic book after the book of Allah. And it is known that to turn to ijma is not taqlid. ‘So to turn to ijma is to turn to proof (not taqlid). (Fawatih ar-Rahmut Sharh Muslim ath-Thabut 2/400)

It is not taqlid to take a saying which is based upon revelation is not taqlid. (Muslim ath-Thabut (1/290).

According to the Hanafi’s it is not permissible to perform taqlid of a Tabi’i (those of the second generations and many were students of the Companions). And the famous Hanafi jurisprudence book Talwih reports,

‘So as for these narrations (the tabi’in) then taqlid will not be made of them. For they were men and we are men. (Talwih (2/17).

Some evidences on the prohibition of taqlid from the Quran.

  1. ‘Say (O Muhammad) to your folk follow what has been revealed down unto you from your Rabb (the Quran and Sunnah), and follow not any Auliya (protectors and helpers) besides him’. (Al-A’raf: 3).

All classical mufassirin (explainers of the holy Quran) explain “That which has been

revealed by your Rabb” in the above ayah to refer to the Quran and hadith. For example, Tafsir Ibn Kathir (2/200), al-Qurtubi (7/161), al-Khazin (2/182), an-Nasafi (2/44), Shawkani (2/179), al-Qasmi (7/2610), al-Maragi (8/100). This shows that we are ordered to follow the Quran and hadith as they are revealed by Allah and to abandon following any other way or saying as there is no evidence for following this.

  1. “Say, ‘Bring forth your proofs, if you are truthful”. (an-Naml: 64).

This shows that without evidence shall not be accepted. Know that a saying which has no evidence to support it from the Quran and hadith shall not be accepted no matter who the saying is from. This is sufficient to refute the performing of taqlid.

Know that if a saying or action could be accepted without proof from the Quran and hadith then Allah would not have ordered for the proof to be brought forth in this verse. Verily it was sufficient for Allah to have called the disbelievers as ‘liars’ but in ordering for the showing of proof in this verse, Allah has indicated that no saying shall be accepted without evidence. The utterance of this verse from the prophet Muhammad is to show that the way of the Muslim is not to perform taqlid and blindly follow. Some may comment that this verse was revealed in relation to the disbelievers and does not apply to Muslims. Then note that even though the disbelievers had no proof of what they used to do despite this they were still asked to produce there proof. Then the Muslim who has proof for what he does should be more readily asked for proof and this is necessary. Furthermore, to provide evidences is the way of the Muslim and to follow without proof or performing taqlid is and was the custom of the disbeliever.

  1. “When those who were followed disown (declare themselves innocent of) those who followed them, and they see the torment, then all their relations will be cut off from them. And those who followed will say, ‘If only we had one more chance to return (to the worldly life), we would disown (declare ourselves innocent from them) as they have disowned (declared themselves innocent from us). Thus Allah will show them their deeds as regrets for them’. (al-Baqarah: 166-167).

The ittiba (to follow) which has been mentioned in this verse is not ittiba which has been ordered with the proof as has been mentioned in verse one above. Therefore the ittiba referred to here will be to follow without proof and this is taqlid. If someone says that the itiba referred to here is the worship which is done for other than Allah and not making taqlid of any Imam or scholar. Then this in itself is a great proof in the prohibition of taqlid as it will have to be conceded that to make ittiba or to follow other than Allah is to worship that person and this will be shirk.

  1. ‘When it is said to them: ‘Follow do ittiba) what Allah has sent down’. They say, ‘Nay! We shall follow (do ittiba) what we found our fathers following’. (would they do that) even though their fathers did not understand anything nor were they guided?’. (al-Baqarah: 170).

This verse invites people to follow with evidences whereas those who are astray perform ittiba or follow that for which there is no evidence or proof. This is why they follow there forefathers and elders even though they had no evidences and proofs for what they used to say. So how is it that those who were astray continued to follow there elders not knowing whether they were upon the truth or falsehood? The only way they could distinguish between the truth and falsehood and actually be certain they were following the truth was if they had followed with proof and evidence,

If someone says that ‘this verse is admonition of those disbelievers who would blindly follow there disbelieving elders and forefathers and does not refer to blindly following pious people and Imams. Then the answer to this is that this is a proof against you. For if it is as you say then know that this verse shows that to follow without evidences was the way of the disbelievers whereas the way of the Muslims is to follow the prophet Muhammad with clear evidences.

“Say (O Muhammad), “This is my way: I invite unto Allah with sure knowledge, I and whosoever follows me”. (Yusuf:108).

It would have been sufficient to call the disbelievers liars in the beliefs they held. However to explain in more detail the reason for the deviancy of the disbelievers it is not being said ‘that you are astray because you followed your disbelieving forefathers’ but what is rather being said is that the disbelievers followed those for whose guidance or being upon the truth they had no evidences and proofs. And this what taqlid is to follow without evidences and proofs.

Some sayings of the Salaf as-Salihin about taqlid

  1. The Companion Abdullah Ibn Mas’ud said,

“Let no person perform taqlid of any other person.” (Majma az-Zawa’id and Mizan al-Kubra of Shirani (1/48).

  1. The Companion Mu’adh Ibn Jabal said,

“So when a scholar is upon guidance do not perform taqlid of him in your religion.” (I’lam al-Muwaqqi’in (2/174), of Imam Ibn al-Qayyim, Egyptian print).

A similar narration has been narrated as above from the companion Salmaan. (I’lam al-Muwaqqi’in (2/174), of Imam Ibn al-Qayyim, Egyptian print).

  1. Amir al-Mu’minin Ali said,

“Be aware in taking from the ways of people.” (Jami’ Bayan al-Ilm wa Fadlihi (2/114) of Imam Ibn Abdul Barr).

It is known that those who were being addressed with this advise were the companions and Tabi’in. This clearly shows that taqlid in the era of the companions was forbidden.

  1. Amir bin Sharajil Sha’bi said,

“What these people inform you of from the messenger of Allah (hadith) take it. And what they say from there opinions then throw it in the rubbish.” (Sunan ad-Darimi (1/37) and al-Hujjatullah al-Balighah of Shah Waliullah Dehlawi (1/148).

Dear readers know that Imam Sha’bi was from the Kibar Tabi’n’ (those from the second generation after the prophet). He met 500 companions of the messenger of Allah (Tazkirrah al-Huffaz of Imam Dhahabi (1/74). So if the saying of a man of this stature and position is not proof in itself then how can the saying or opinion of any other Tabi’in or those who followed them be blindly accepted.

  1. Abdullah bin al-Mu’tamir said,

“There is no difference between that animal which is pulled (after being tied up) and that human which performs taqlid”. (Jami’ Bayan al-Ilm wa Fadlihi (2/113,) I’lam al-Muwaqqi’in (2/170).

Know that the animal which is tied and dragged behind it’s owner knows not if it is being taken to be fed grass, or to sell or to slaughter. Likewise the muqallid (blind follower) has no knowledge that the one who he is blindly following whether he is taking him towards the truth or falsehood! This is because he has no proof for what he is following and nor is the one who he is following infallible (but our prophet is infallible).

  1. Imam Abu Hanifah said,

“It is not halal (permissible) for anyone to take my saying who does not know from where I have bought the evidences”. (Muqaddimah Hidayah (p.93).

The author who recorded this saying continues by commenting:

“And our Imam has prohibited the performing of taqlid and has stressed the importance of knowing the dalil (proofs and evidences).” (Muqaddimah Hidayah (p.93).

It is clear from the above saying of the Imam that at first he prohibits the performing of taqlid and then he stresses the importance of following with proof. So it can therefore be seen that to accept with evidences and proof is not taqlid.

  1. Imam Malik said:

“Verily I am a man and I err and at times am correct. So look at what I say and whatever is in accordance with the book (Quran) and sunnah take it and whatever opposes this then abandon it.” (Jalb al-Manfa’a p.68).

The Imam has completely finished here the performing of taqlid. This is because he has ordered the asking for proof from the book and sunnah.

  1. Imam Shafi’ has clearly warned against taqlid. Therefore his student Imam Muzani said,

“Imam Shafi’ forbids the performing of taqlid of himself and others (scholars and Imams). And he gave the order that all should look for themselves (at the proofs) in the religion and should be careful.” (Mukhtasar al-Muzani (1/2) on the marginal notes of Kitab al-Umm).

  1. Imam Ahmad Ibn Hanbal said,

“Do not perform taqlid of me, nor Malik, nor Awza’i, nor Nakha’i nor anyone else’s these were all Imams of their times. But they took there matters of the religion from the book and sunnah so you take them from there as well.” (Iqd-ul-Jid p.81).

He also said to Imam Abu Dawud,

“Do not perform taqlid of anyone of them in your religion.” (I’lam al-Muwaqqi’in (2/181).

  1. The Imam of the Hanafi madhhab Imam Tahawi said,

“Only a misguided one performs taqlid.” (Lisan al-Mizan (1/280).

  1. One of the greatest scholars according to the Hanafi madhhab is Imam Sarakhsi he said,

“If taqlid were permissible then it would have been performed of those who came before Abu Hanifah such as Imam Hasan al Basri and Ibrahim Nakha’i as they were more rightful for taqlid to be performed of them’. (al-Mabsut of Sarakhsi (12/28), Kitab al-Waqf).

It can be clearly seen Imam Sarakhsi that performing taqlid is not permissible and this was not the way of the Salaf.

  1. Another Imam of the Hanafi madhhab Jaraullah Zamakhshari said,

“If there is a mother of misguidance then it is performing taqlid.” (Atwaq az-Zahab (p.42).

  1. Allamah Alusi Baghdadi said,

“If there is a father of misguidance it is performing taqlid.” (Ruh al-Ma’ni).

So did the Companions or those who came before them with their various shariah’s perform taqlid in any aspects of the religion?

No. Shah Waliullah Dehlwee quotes in his book Hujjatullah al-Balighah (p.154) from Imam Ibn Hazm in his book al- Ihkam (1/760) that,

“So to perform taqlid was haram (forbidden) in all of the shariah’s from the first of them to the last. Whether it was (performing taqlid) in Tawhid (aqidah), Prophethood, belief in pre-destination or all of the other aspects of worship and ahkam (rules and laws).”

Explanation of an ayah which is often quoted for performing taqlid

  1. “Ask the people of knowledge if you do not Know.” (surah an-Nahl)

It is claimed by some that when a layperson asks a scholar or seeks a verdict from him about something this is taqlid of the scholar.

This is not the case because the layperson is within his rights to ask the scholar what the Quran and hadith say about a particular matter and not to ask him about his opinion. So after being told what the hadith states about a certain matter he will try to act upon it to his capability. This is not taqlid but it is the following of proof.

If just by ‘asking’ someone one falls into taqlid then what does one say about the following verse wherein the prophet Muhammad was ordered to ‘ask’ from the jews and Christians. Allah forbid! Will you now say that even Muhammad was performing taqlid or blindly following the Jews and Christians?

What does to ‘ask’ mean in this ayah? Does it mean ask the person of knowledge for his own opinion or what the Quran and hadith state? If it meant ask the scholar of his opinion then know that opinions vary. So the only reason a questioner asks is so that he can be led to certainty rather than more uncertainty and confusion.

Furthermore, the “people of knowledge” in this verse are those who are people of the Quran and hadith, not people of opinion. So this in itself refutes taqlid. Therefore, the muqallid and blind follower will ask about his Imam’s or scholars opinion. Whereas if he were to ask

for proof from the Quran and sunnah then he would no longer remain a muqallid. Also this verse orders to ask the person of knowledge if a person does not know and the following verse restricts the questioner not to follow other than that which is revealed, that is, the Quran and sunnah.

So it is proven from this that one should not follow the scholar himself but should ask the scholar for proof and then follow that. We ask about the mentioning of the people of ‘knowledge’ in this verse. Is ‘knowledge’ anything other than the Quran and hadith?

Is it obligatory to perform taqlid?

No. The Hanafi scholar Adul Hayy Lucknowi writes,

“Only that is obligatory which Allah has made so. And only he has authority to do this. Allah did not make it obligatory on anyone that he choose for himself a madhab (school of thought today such as Hanafi, Shafi’, Maliki, Hanbali and others) of an Imam. To think it obligatory to do this is to make a new religion which Allah has not legislated for.” (Sharh Muslim ath-Thabut).

Imam Dhahabi states,

“Ahl us Sunnah do not make it obligatory upon anyone to follow for themselves only one specific Imam.” (al-Muntaqa (p.166).

Is there any other person from whose tongue nothing will come except the truth, other than Muhammad?

No. When the companion Abdullah bin Umar Ibn al-Aas RadhiAllahu Anhu was stopped by the Quraysh in writing the hadith (narrations) of the messenger of Allah because he (the messenger) was only a man also and at times he would be happy and at times in anger so not everything should be written down of his. Therefore, the companion Abdullah stopped writing all that was said from the tongue of the messenger. When the Prophet heard about this he pointed to his tongue and said,

“Write! So I swear by Allah in whose hand is my soul that nothing comes from this (my tongue) except that it is the haqq (truth).” (Sunan ad-Darimi (1/68).

Is it permissible to ascribe to a particular madhab, being known as Hanafi, Shafi’, Maliki or Hanbali?

No. If it were permissible for a person to ascribe himself to a particular madhhab or person then the companions would have been the foremost to make there separate and distinct madhhabs with other companions as the leaders of the particular madhhab or group. But we see that despite the existence of great companions such as the four caliphs, Ibn Umar, Ibn Masud, Ibn Abbaas RadhiAllahu Anhum and others no particular madhhabs were formed.

In fact the companions refrained from ascribing themselves to any other companion or madhab. Therefore, the companion Ibn Abbas RadhiAllahu Anhu said,

“I am not Alawi (a person who makes a particular madhab ascribing himself to the fourth caliph Ali as leader) nor am I Uthmani (a person who makes a particular madhab ascribing himself to the third caliph Uthmaan as leader), but I AM UPON THE ‘MILLAH’ (NATION AND FOLLOWERS) OF MUHAMMAD.” (al-Ihkam of Ibn Hazm (6/118).

So it can be seen that the companions did not like to ascribe themselves to any other person except Muhammad. Also the four Imams Abu Hanifah, Shafi’, Maalik and Ahmad did not have their own separate ‘millah’s’ therefore to ascribe oneself to them cannot be permissible also. If one was to say now that there are four separate ‘millah’s’ (nations) then this would be a different matter altogether!

O Allah guide us all upon truly following Muhammad. Amin.

Glimpses from the book entitled Tanqid Sadid Bir-Risalah Ijtihad wa’t Taqlid

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