Guidelines for a Muqallid

Assalaamu'alaikum wa rahmatullah

The God the Most Highest ordered: "Ask the knowledgeable people if you don't know." And the people of remembrance or people of knowledge are those who are followed. Whereas the muqallid is not a person of knowledge so he becomes a follower of someone else.

This is what makes me feel not comfortable when people walking behind me or praying behind me and making me an imam though only for a salat service, hehe. I am just a muqallid and my imam also does not like people to walk behind him. I am taking his example on how I behave as a mean to respect my imam as I read everything about all imams and their characters.

Ibnu Abdul Barr (d.463) and others mentioned: "The people are united in the ijma' that the muqallid is not counted as being from the people of knowledge. The knowledge is the realization of guidance along with its proof."   

Ibnu Qayyim mentions: "And it is as Abu Umar bin Abdul Barr said - Indeed the people do not differ about the fact that knowledge is the realization attained from proof but without proof, it only becomes a taqleed."

Sayings on the Permissibility of Issuing the Fatawa Based upon Taqleed

Ibnu Qayyim stated that there are three sayings about this:

I. It isn't permissible to issue a fatawa or guidelines based upon taqleed since it is not in category of knowledge. Issuing a fatawa without a knowledge about particular field, issue, and sciences of divine law is forbidden and haram! So, based from this, people could judge on the level of knowledge possessed by 'clerics' in Pakistan, Bangladesh or India's rural village when they issued ridiculous fatawas or guidelines like poking people's eyes, raping women for crime committed by men and etc which Western medias always put into highlight when talking about Shari'a Islamiah or the Way of Nature. This one is from the saying by most of Hanbali scholars and majority of Shafi'ie scholars.

II. It is permissible for a cleric to issue guidelines with regards to himself, but it is not permissible to issue fatawa to others based upon taqleed.

III. It is permissible to issue fatawa based upon taqleed when there is a need for it and when there is no mujtahid scholar. Mujtahid scholar refers to scholars who do researches based on his knowledge on particular sciences of the path. This is the most correct of the sayings and is what is acted upon. 

Sheikh Albanee says that hadith is a proof in itself after mentioning the statements of the imams on taqleed as found in the introduction of "The Prophet's Prayer Described" where it has a heading "Taqleed for whoever Can't Search for the Evidence for Himself" in page 94.

Some may question: "Not all of the people are able to be the people of knowledge as what has been explained." The answer of Hanbali scholars is yes, indeed. Nobody has any doubt on this fact but Allah has mentioned in Surah an-Nahl verse 63: "So ask the people of knowledge if you don't know!" The same verse also appears in Surah al-Furqan verse 59.

Prophet Muhammad s.a.w mentions: "For those who issued fatawa without knowledge, why don't they ask if they don't know? The cure for those in confusion is to ask!" However, the scholars did not mention all of the above evidence to show who is eligible or not eligible to be a scholar. Their research is with regards to those who are considered to be the people of knowledge in their society. Taqleed is upon the common person and ignorant one. Scholars who can and able to search for the evidence are excluded from being a muqallid. The responsibility of a scholar is not to do taqleed because their responsibility is to perform ijitihad.   

The saying of Ibnu Abdul Barr explains further that: "All the rules are for common folk, they are those who have to perform taqleed on their scholars whenever necessary. They are incapable to understand or comprehend evidence or sciences. Sciences has grades where one cannot attain the top most grade unless if he goes up through the basis. Scholars don't differ in the matter of common folk having to follow their scholars."

Sheikh Muhammad Uthaimeen who wrote the article believes that it is not correct to generalize common folk by saying that all of them must perform taqleed. Taqleed only happens when a person follows a scholar if he has no access to evidence or could not search for the evidence. Many people are smart enough as they could clearly understand evidence if it is presented to them. For example, we can't deny that a common person could also understand evidence contained in the hadith: "Tayammum is one strike (of the hands on the dust) for the face and hands". People who are lacking of intelligence could also understand the hadith.

The conclusion from the article is that, taqleed is allowed for who ever that could not search for or understand the evidence from sciences of the path. Ibnu Qayyim also hold this opinion. In certain times, scholars would also have to depend on taqleed where they could not find any document and text from the sunnah except which came from the knowledgeable scholars.

The God knows more than His creatures...

Sealed with prayers for mercy, peace, and love, amin!

Types of Taqleed

Assalaamu'alaikum wa rahmatullah

How Many Types of Taqleed noh?

I. General one

The person who follows to a particular madzhab or school of jurisprudence or school of thought. He accepts the concessions and non-concessions in all of the matters pertaining the law and path. 

My note here, in Arabic the word deen means law or divine law. It is the same word used in Aramaic so I just translate it as the law or divine law of the Lord. Longer would be divine law of the Lord conveyed and transmitted through messengers and prophets of the Lord.   

Sheikh further clarifies that scholars and clerics differed about such a state. So, some among of the late-comers have reported that this is obligatory upon him due to his inability to perform ijtihad. Others report it as being forbidden for him due to it is a case of necessitating unrestricted following of other than the noble prophet Muhammad s.a.w. We would talk about ijtihad in other post if possible because we need to concentrate on a particular matter. Else people would confuse everything up and there come "self-claiming scholars" who pronounced Arabic in barbaric foreign tongue for example American English or etc, lol.

Ibnu Taimiyyah rahimahullah mentioned that: "The saying that it is obligatory, causes obedience to other than prophet Muhammad s.a.w in every matter of command and prohibition, and this is in opposition to the assembly of the scholars and clerics. And the allowance of it contains what it contains."

Ibnu Taimiyyah further says that: "Whoever sticks to a particular madzhab and then acts in opposition to it without making a taqleed on another scholar who has given him a ruling, nor does he use an evidence as a proofs or reasons which necessitates acting in opposition to his madzhab, nor does he have an acceptable Shari'a excuse which allows him to do what he has done. This person is counted as a follower of his desires, and committing illegal acts since he has no valid Shari'a excuse. It is evil and sinful."

If there becomes evident to him that something which requires preference to one saying (of imams) to another, either due to detailed proofs if he knows and understands them, or because he holds one of two people to be more knowledgeable about this matter and having more piety with regards to what he says, and so the muqallid leaves the saying of that one for the saying of another one, then it is permissible; rather, it becomes obligatory. This one is also from the document of Imam Ahmad bin Hanbal.  

II. The Particular one

This type of taqleed is when a person accepts a saying about a particular matter. This is permissible if such a person is unable to arrive at the knowledge by the ijtihad whether he is unable or able but with great difficulty. 

The God knows more than His creatures...

Sealed with prayers for mercy, peace, and love, amin!

Taqleed Definition

Assalaamu'alaikum wa rahmatullah

Diary

I took Sharia paper after I returned from pilgrimage as one of a subject in my A-Level paper after I feel something that makes me wanted to return to my "real" responsibility. Unfortunately I did not do well in it because the pressure of time and I had left the Sharia classes since I was around 15-16 years old but I still could answer certain questions regarding the law and rulings. If I stayed longer perhaps I could be a jurist because that time we were almost registered to tsanawi papers but how could person become an Islamic scholar if he believes not in the path? LOL.

15 was the age where I embraced Buddhism by heart through rituals and it is actually formal which I did according to prescriptions of monastic rules and beginning to stop Islamic rituals or even listening to advises from people around due to my hatred to environment. Urmm, quite a kenangan (memory). Ironically, now I have a special passion to sciences of jurisprudence and the path which makes me reading and memorize everything about the sciences because I wanted to correct myself, hahahahaha. This is the real science for me as the contrast of what we had been taught in schools.

Introduction

This is from articles that I had read and always keep with me. So, thinking to put it here for myself and if it is useful for others... I would also feel happy for everyone. I'm trying to simplify everything yet making it as easy as possible to be understood by audiences through simple translations of points. When reading articles or anything in the posts of this site please don't rely on it as it is from a scholar and it is wrong to take something without reference and proofs. Make sure to get guidance from teachers, clerics or ulamas, and jurists who are specialists in their fields.  

Definition of Taqleed

According to Sheikh Muhammad bin Uthaimeen in al-Usool min 'Ilmil Usool, taqleed linguistically mean placing something around the neck and it encircles the neck. Technically it means following he whose sayings is not a proof or without hujjat. 

This is the view according to Salafi scholar and the definition according to Salafis. Salafi usually refers to Sunnah Muslim of Hanbali school of jurisprudence in general and not specifically to those of Wahhabi movement so please try not to associate us with them although I read treatises of Sheikh Muhammad bin Abdul Wahhab. We are different and are not in agreement with any violence. On the other hand, we respect local customs that are in accordance to our traditions differently to those from Middle East or even tolerant than Europeans because I just visit chinese temples or churches where I think possible for me to recite blessings and asking mercy and love of the God for everyone. 

The Sheikh further mentions that those who are following any of these in their path are not committing taqleed because these are proofs for their acts of worship:

1. Prophet Muhammad s.a.w

2. Guidelines from the assembly of the ulamas

3. any companion of prophet Muhammad s.a.w by considering any sayings of the companions as a proof for their acts of worship  

However, these type of matters are still categorized as taqleed in a metaphorical and loose sense. I think this make sense because I also read an article written by Ustad Abu Muhammad Idral Harith of Indonesia regarding on those who are fanatic with their imams, school of jurisprudence, teachers, and etc while giving the advise to others who are slightly different from them in term of practices. We would discuss about this in another post if possible just for our general knowledge so in the future we won't be blurred by terms.

In What Cases do Taqleed Happens?

It happens in two cases...

I. When a muqallid (follower) is a common person who does not have the ability to acquire knowledge of the shari'a rulings and principles by himself. Taqleed will become obligatory upon him as what has been mentioned by the God the Most Highest: "ask the people of the knowledge if you do not know." Taqleed will be done by placing the dependency on a person whom he considers as knowledgeable and pious for example like Imam Hanafi, Imam Ja'afar, Imam Shafi'ie or Imam Maliki. In our way of talking about this for example, I would mention that I put my naqal or carriage over the knowledge of Imam Ahmad bin Hanbal. So, my acts of worship is according to what has been taught by him according to his scholarship. If there are two of such people who are equal in his view in certain jurisprudence, the muqallid chooses any one of them.   

II. A mujtahid (a diligent person in sciences) when he encounters a new situation where an immediate solution is required. However it's not possible for him to do research into this matter. In this case, he is permitted to perform taqleed. Some also bringing questions about the permissibility of taqleed that it is not the fundamental of the path or law of life. Or on the questions about 'aqeedah since matters of 'aqeedah requires certainty, while taqleed only amounts to dzann or the knowledge which is not certain, assumption can we say?  

The correct saying in this matter of following the 'aqeedah is unlikely a condition due to the generality of sayings of the God the Most Highest: "ask the people who are knowledgeable if you don't know". This verse according to the Sheikh is in the context of affirming messenger-hood which is from the basis of the law of the path. A common person could also not acquire knowledge of the law rulings with its proofs by himself since law rulings need specific knowledge on sciences of the path. Due to that he can't arrive to such truth by himself, he has nothing remains in his self except for taqleed.  

The God knows more than His creatures...

Sealed with prayers for mercy, peace, and love, amin!