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Main Section (general articles) Sample:

O you who believe! Follow Allah; follow the Messenger
and those of authority (Amr) amongst you (Surah
Al-Nisaa: 59)

Those who have authority (Amr) have been explained by
some famous commentators as Muslim jurists while others
have viewed them as Muslim rulers.

 

 
The first view was the
opinion of Abdullah ibn Abbas, Mujahid, Ataa ibn Saib,
Hasan of Basra, Abu Ailiyah and many others. After
substantiating the proofs for the first view, Imam Razi gives
preference to it and writes: “So taking those of Amr to mean
scholars is more appropriate.”

Imam Abu Bakr Jassas position is that there is no
contradiction between the two opinions. In fact, both are
implied .Rulers should be followed in political matters and
jurists should be followed in legal issues. Imam Ibn Qayim
says that following the rulers is in effect following the
scholars since rulers are also required to follow scholars in
legal issues. Hence following rulers is subject to following
scholars. In short, this verse requires Muslims to follow Allah
and his Messenger and those scholars and jurists who
interpret the primary sources. The legal term for this
following is Taqleed.

No Muslim can deny that Islam’s real message is to obey
Allah alone. Emphasis has been placed upon following the
prophet Muhammad (S.A.W.) because he represented Allah’s
commandments through his words and actions. Allah and
Messenger have to be unequivocally followed in what is halal,
in what is haram, what is allowed and what is not allowed.
Whoever believes in following anyone besides Allah and his
Messenger and regards that person as independent (of Allah
and his Messenger) is surely outside the fold of Islam. Thus,
every Muslim should attempt to follow the commandments in
the Qur’aan and Sunnah. There are certain commandments
in the Qur’aan and Sunnah which a lay person can
understand. Such commandments are not intricate,
ambiguous or contradictory, or issues which are agreed
upon- without any doubt and by necessity- do not require
any Taqleed of the great scholars like the obligation of salaat,
Fasting, Zakat, etc. Understanding these commandments
and their implications can be effortlessly achieved without
confusion. There are many commandments which are
ambiguous, seem to appear contradictory, need explanation,
need to be understood and extrapolated such as the details of
the rituals of worship, transactions and weddings, etc,
Taqleed is allowed in these issues.

“TAQLEED”

Ibn Humam and Ibn Nujaim define Taqleed as: “Taqleed
is to follow the opinion of a person whose opinion is not a
proof in Islamic law- without asking for his (the followed
person) proof.” This means that proof and evidence does
exist but one does not demand it trusting the opinion of the
Mujtahid. This statement has clarified the fact that a person
who practices Taqleed does not hold the opinion of the one
whom he follows (the Mujtahid) as a source for Islamic law
because the sources for Islamic law are confined to the
Qur’aan and Sunnah (both Ijma and Qiyas are derived from
the Qur’aan and Sunnah). The only reason why a Muqallid
follows an Mujtahid is because of the conviction that the
Mujtahid has insights into the Qur’aan and Sunnah which
he does not posses, by which the Mujtahid is able to
understand their meanings, in this regard the follower has
relied upon the Mujtahids opinion. Perceived in this
perspective Taqleed cannot in all fairness, perceived be
equalled with neither shirk nor blind following. Prophet
Muhammad (S.A.W.) acquired the deen by his taqleed of the
angel Jibraeel. The Sahaaba acquired Islam by their taqleed
of Rasullah (S.A.W,) The Mujtahideen among the tabieen
acquired their deen by their taqleed of the Sahaaba and in
this way the deen has reached us. Each generation making
the taqleed of the proceeding generation. Without taqleed it
is impossible to acquire the deen of Islam. Taqleed binds the
Ummah to the original Sunnah. How can Muslims abandon
the taqleed of the illustrious authorities of the sharia whose
teachers were the Sahaaba and the Tabieen .Those who
leaves that sacred taqleed will enter into the taqleed of their
nafs (desire) and personal opinion. Umar (R.A.) said about
such people: “Verily, the people of opinion are the enemies of
the Sunnah”.

During the time of our prophet (S.A,W.) the Qur’aan
announced the competition and perfection of the deen. Nabi
Kareem (S.A.W.) handed to the Sahaaba the complete and
perfect deen which encapsulated all the differences stemming
from the Qur’aan and Hadith, differences which were
expertly authoritatively taught and disseminated by the
Mujtahideen whom Allah created for the special purpose of
systematising, refining and codifying the sharia for
prosperity. Those who acquired the deen from Imam Abu
Hanifah and his students became known as hanafies. The
same applies to those who gained the deen from other
Imams. It is simply slanderous to allege that any of the
teachings of the mathabs did not exist during the time of our
prophet. If any specific development did not exist during the
time of our prophet, thus necessitating a shari ruling, such
ruling was formulated on the basis of principles which the
Mujtahideen derived from the Qur’aan and Hadith.
The argument that any of the teachings or rulings of the
great Imams of the mathabs could be in conflict with the
Qur’aan and Hadith is ridiculous and absurd. The allegation
that the Imams and their students did not have the full
knowledge of Hadith is false. The perfection of the deen was
not dependent on the compilation of Imam Bukhari centuries
later. The Tabieen were adequately schooled in the sharia by
the Sahaaba. It is the knowledge of the Sahaaba which the
illustrious Imams transmitted to the Ummah.