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Fatwa #232821 February 2001United Kingdom

Regarding madhabs and the obligation of following one. Is it compulsory that i follow a scholar who adheres (taqleed) to one of the four madhabs?

Question

#1 Now, the role of the scholar is no doubt vital for the ummah in guiding the general people on Everyday issues of ibaadah...is it compulsory that i follow a scholar who blindly adheres [taqleed] to one of the four madhabs? #2 If yes, then why? #3 In which century did it become obligatory to follow one of the 4 madhabs? #4 Which madhab will imam mehdi and Jesus [as] follow?

Answer

THE SHAR'EE ROLE OF TAQLEED%0D%0A%0D%0AThe essence of guidance is derived from the Holy Qur%E3n - "Hudan li al-Nas"%0D%0A("A Guidance for Mankind). But this guidance and its laws are based on%0D%0Afundamental principles, the details of which have been entrusted to and%0D%0Aconsigned by the Holy Prophet (Sallallaahu %C1layhi Wasallam) in order to%0D%0Aexplain them to mankind.%0D%0A%0D%0AFor example, the Holy Qur%E3n says: "Aqimus-Salaat" ("establish prayer"). It%0D%0Adoes not define the method as to how the prayer should be established; how%0D%0Athe various postures should be performed; the mode of recitation of Surah,%0D%0Aetc. The complete method of prayer i.e. "Salaat" is explained by the Holy%0D%0AProphet (Sallallaahu %C1layhi Wasallam).%0D%0A%0D%0A"Wa 'Atuz-Zakat" ("And give charity"). Now the Zakaat amounts payable on%0D%0Agold, silver, cattle, land, produce, etc. are only known through the Ahadith%0D%0Aand there is no mention of it in the Holy Qur%E3n.%0D%0A"Wa Lillahi `ala an-Nas Hij Al-baiti" ("It is obligatory on people to%0D%0Aperform the Hajj of the House of Allah.) Here again, the method of Tawaf,%0D%0Athe number of circumambulations, the details regarding Arafat, Mina,%0D%0AMuzdalifah, the stoning at the Jimar, etc. have all been explained by the%0D%0AHoly Prophet (Sallallaahu %C1layhi Wasallam).%0D%0AThus it becomes imperative to understand the Holy Qur%E3n in the light of the%0D%0AAhadith even for major obligatory acts like Salaat, Zakat and Hajj without%0D%0Awhich it is impossible to act and understand the commands of the Holy Qur%E3n.%0D%0AThe believers are commanded to attain guidance from the Holy Qur%E3n in%0D%0Aaccordance with the details explained by the Holy Prophet (Sallallaahu%0D%0A%C1layhi Wasallam). Therefore Allah specifies: "Whosoever obeys the Messenger%0D%0Ahas indeed obeyed Allah." This obedience to the Holy Prophet (Sallallaahu%0D%0A%C1layhi Wasallam) would in reality be obedience to Allah Himself.%0D%0A%0D%0AA direction from the Hadith informs us:%0D%0A%0D%0A"Also perform your prayer just as you see me perform my prayer." (Bukhari%0D%0AVol. 1, p. 1076)%0D%0A%0D%0AIt is not said: "Perform your prayer in the manner you may infer from the%0D%0AHoly Qur%E3n."%0D%0A%0D%0AHadith is divided into different categories:-%0D%0A%0D%0AThe sayings of the Holy prophet (Sallallaahu %C1layhi Wasallam),%0D%0A%0D%0AThe acts and doings of the Holy prophet (Sallallaahu %C1layhi Wasallam),%0D%0AThe sayings, acts and doings of others, approved by the Holy Prophet%0D%0A(Sallallaahu %C1layhi Wasallam).%0D%0AAll these categories of Ahadith give guidance to the Umma.%0D%0A%0D%0AQIYAS%0D%0A%0D%0AWhen the Prophet (Sallallaahu %C1layhi Wasallam) was asked a question he%0D%0Aanswered and also counter-questioned the questioner, on a similar%0D%0A(analogical) matter, the answer of which was known to him. On the correct%0D%0Areply being given by the questioner, the Prophet (Sallallaahu %C1layhi%0D%0AWasallam) would say: "The question you had asked is in the same category as%0D%0Athis answer of yours."%0D%0A%0D%0AEXAMPLE: A lady once asked: "Hajj was obligatory on my mother but she passed%0D%0Aaway. Can I perform it on her behalf?" The Prophet (Sallallaahu %C1layhi%0D%0AWasallam) replied: "Yes, it would be accepted on her behalf. Tell me, if%0D%0Ayour mother had a debt would you pay it." She replied in the affirmative.%0D%0ARasulullah (Sallallaahu %C1layhi Wasallam) said: "Fulfill what is on her%0D%0Abehalf. Certainly, the duty and right of Allah would be more acceptable."%0D%0AThis kind of reasoning is called Qiyas, Ijtihaad, or Istimbat in Shari`a.%0D%0A%0D%0AThese are only used in Shari`a when the Qur%E3nic or Traditional directives%0D%0Aare not specifically spelt out. The Holy Prophet (Sallallaahu %C1layhi%0D%0AWasallam) sent Hadrat Mu`adh ibn Jabal (Radhiyallaahu %C1nhu) as a Governor%0D%0Aand Qaadhi to Yemen. The Holy Prophet (Sallallaahu %C1layhi Wasallam) gave to%0D%0AHadrat Mu`adh many instructions and advices even while he held the reins and%0D%0Aled the horse with Hadrat Mu`adh mounted on it. The Holy Prophet%0D%0A(Sallallaahu %C1layhi Wasallam) also asked: "By which law would you dispense%0D%0Ajustice." He replied: "By the Law of the Holy Qur%E3n."%0D%0A%0D%0A"And if you do not find it (i.e. what you seek) in the Holy Qur%E3n."%0D%0A%0D%0AHe replied: "By the Prophetic Traditions."%0D%0A%0D%0A"And if you do not find it in there also, then!"%0D%0A%0D%0AHe replied: "Then I would make Ijtihad." The Holy Prophet, (Sallallaahu%0D%0A%C1layhi Wasallam) expressed his happiness with his reply and fully endorsed%0D%0Aand supported his stand and thanked Allah for it. (Abu Daawud Vol 2. p. 149)%0D%0A%0D%0AWhen after such an Ijtihad all the scholars agree to its conclusion, it is%0D%0Atermed "Ijma", for it must be understood that Qiyas or Ijtihad does not%0D%0Aprove an order or command; it only makes it evident and known. It was hidden%0D%0Ain the Holy Qur%E3n or the Ahadith; the Mujtahid, by Dalalatan, 'Isharatan or%0D%0AIqtdha'an, brought it in the open for the generality of people.%0D%0A%0D%0AThe person who does not have the power of Ijtihad is bound and compelled to%0D%0Afollow a Mujtahid and this act of following a Mujtahid is termed Taqlid. The%0D%0AHoly Prophet (Sallallaahu %C1layhi Wasallam) sent Hadrat Mu`adh ibn Jabal as%0D%0AQadi so that people could act upon his instructions and guidance derived%0D%0Afrom the Holy Qur%E3n, the Ahadith and his Ijtihad. To accept all three would%0D%0Ain reality be obedience to Rasulullah (Sallallaahu %C1layhi Wasallam) as%0D%0Amentioned in Mishk%E3t Sharif (p. 310). Hadhrat Abu Hurayrah (Radhiyallaahu%0D%0A%C1nhu) reported that the Holy Prophet (Sallallaahu %C1layhi Wasallam) said,%0D%0A"Who has obeyed me, has obeyed Allah and who was disobedient to me has been%0D%0Adisobedient to Allah and who obeyed the Amir was obedient to me and who was%0D%0Adisobedient to the Amir has been disobedient to me."%0D%0A%0D%0APRECEPTS, PROPOSITIONS AND THEIR KINDS%0D%0A%0D%0AMasa'il or precepts are of four kinds:-%0D%0A%0D%0AClear instructions from the Holy Qur%E3n and Ahadith. No Qiyas is allowed nor%0D%0ATaqlid permissible. The order is to practice on the clear injunction.%0D%0AIn such propositions where there are two injunctions, one earlier, and one%0D%0Alater, and through historical evidence both renown, then the earlier%0D%0Aproposition is abrogated (Mansukh), whilst the latter command is ordered.%0D%0AHere too Qiyas and Taqlid %7E not permitted.%0D%0AThose propositions that have two clear injunctions but it is not known which%0D%0Ais earlier and which later, i.e. no historical evidence.%0D%0AThose propositions of which there exist no clear injunctions. Propositions 1%0D%0A(and 2) are clear. the last two (Propositions 3 and 4) need explanations.%0D%0ASince 3 and 4 are not clear, what must a person do? If he does not practice%0D%0Aupon them, he is yet not allowed to go free. The Qur%E3nic verses state: "Is%0D%0Aman under the notion that he will be left free?"'%0D%0A"Do you think that you have been created in vain?" It is not so, you have to%0D%0Aobey Allah's command every second. Now how are we going to obey when it is%0D%0Anot known, which is abrogated and which is not. In the fourth kind of%0D%0Aproposition when one has no knowledge what is he going to practice on? Allah%0D%0Asays: "Do not practice on anything without knowledge:"%0D%0A%0D%0AThus the need of Qiyas and Ijtihad. In the third kind of proposition the%0D%0Aneed is to verify the clear injunction and in the fourth kind it is to find%0D%0Aa clear order and command. This is a known fact that everybody does not have%0D%0Athe ability or power to make Ijtihad and this verse also makes it clear.%0D%0A%0D%0AEverybody makes claims of giving opinions but only that ruling is accepted%0D%0Awhich is in accordance with Shar`iah and of a Mujtahid. The verdict of a%0D%0AMuqallid will not be accepted. The Mujtahid makes Ijtihad while the Muqallid%0D%0Amakes Taqlid. Even if the Mujtahid makes a mistake he is rewarded as%0D%0Amentioned in Bukhari, Vol. 1 p. I1092.%0D%0A%0D%0AHere exists a doubt that there were many Mujtahids among the Sahaaba%0D%0A(Radhiyallaahu %C1nhum), the Tabi`in and Tabi` Tibi`n; But only the 'I'ima%0D%0A'Arba` i.e. Imaam Abu Hanifah, Imam Maalik, Imam Shaafi`i and Imam Ahmad%0D%0A(Rahmatullaahi %C1layhim) are followed and Taqlid made of them. What Is wrong%0D%0Ain following the Sahaaba (Radhiyallaahu %C1nhum) whose virtues have been%0D%0Aabundantly mentioned in the Holy Qur%E3n and the Ahadith?%0D%0A%0D%0AThere is no doubt that the Sahaaba (Radhiyallaahu %C1nhum) have a far greater%0D%0Astatus and position than the I'ima Arba`a does not make Taqlid of any one of%0D%0Athe I'ima Arba` ever thinking them to be greater than the Sahaaba but its%0D%0Asimple reason is that for Taqlid it is necessary to know those injunctions%0D%0Ain which Taqlid has to be made. The detailed knowledge which can be found in%0D%0Aevery section and chapter from Kitaab- at-Taharat to Kitab al-Fara'idh,%0D%0Awhether it concerns acts of worship, or social and cultural aspects, in%0D%0Aevery department of knowledge, these were the first and only 'I'ima that%0D%0Agathered them all in every detail. They were schools of knowledge in their%0D%0Aown right that codified knowledge in every field. We do not find such%0D%0Acodification either of the Sahaaba or other Tabi`in. The only choice we have%0D%0Ais to follow them. It must also be borne in mind that Allah had bestowed on%0D%0Athem the perfection of knowledge of the Holy Qur%E3n and the Ahadith. It is%0D%0Asaid by Shah Waliullah (Rahmatullaahu %C1layhi) in the commentary of Muwatta'%0D%0AImaam Malik, p.6 that these four Imaams together have encompassed the entire%0D%0Aknowledge of the Holy Qur%E3n and Ahaadith to such a degree that not a single%0D%0AHadith which was reported by the Sahaaba was omitted by them.%0D%0A%0D%0AClarification is further required regarding another doubt in most minds:%0D%0AWhat is the necessity of making Taqlid of only one Imaam? One should be%0D%0Aallowed to follow any of the four Imaams in the different Masa'il as was the%0D%0Amethod in the time of the Sahaaba and Tabi`in. Mazhab was not confined to a%0D%0Asingle Imam. Why must such concessions not be allowed in our times?%0D%0A%0D%0AIn the time of the Sahaaba, which was the best of times, there was no%0D%0Aulterior motives regarding religious questions. A question was asked to know%0D%0Athe correct method and to practice on it. It was not asked for one's%0D%0Aconvenience as in later times. For example, A person with Wudhu touched his%0D%0Awife which according to the Shafi Mazhab nullifies Wudhu: Now when he is%0D%0Atold to make Wudhu, he replies: "I make Taqlid of Imaam Abu Hanifah and it%0D%0Ais not a breaker of Wudhu according to his Mazhab, therefore my Salaat will%0D%0Abe valid."%0D%0A%0D%0ANow this person vomits, which according to Hanafi Mazhab, breaks Wudhu. He%0D%0Ais now told to make Wudhu. He replies: 'I make Taqlid of Imam Shafi`i; it is%0D%0Anot a nullifier of Wudhu, therefore my Salaat is valid'. If this person (who%0D%0Ahas on the one hand, touched his spouse, and on the other hand, vomited) has%0D%0Ato perform his Salaat with such a Wudhu, it would neither be correct by%0D%0AImaam Abu Hanifah nor by Imam Shafi`i. In terminology this is known as%0D%0ATalfiq which is agreed upon unanimously to be void and not permitted. This%0D%0Ais not Taqlid but following one's passions and desires for one's personal%0D%0Aconvenience which lead one astray. The necessity of following a Mazhab, Imam%0D%0Aor Mujtahid is that one would not fall into the temptations of following%0D%0Aone's own desires. The Holy Qur%E3n states:%0D%0A%0D%0A'And do not follow desires. You would be led astray from the path of Allah."%0D%0AThus the need of following only one Imam.%0D%0A%0D%0AFor centuries we have heard of great scholars, jurists, 'Ulama' and Auliya%0D%0Awho had the treasures of knowledge, who were in their personal capacities%0D%0Alibraries with encyclopedic knowledge. Their piety constituted perfect%0D%0Aexamples in emulation of the Sahaaba. Their entire life was spent in%0D%0Aaccordance with the Sunnah of Rasulullah (Sallallaahu %C1layhi Wasallam). They%0D%0Aalso followed the 'I'ima Arba'` and it would not be incorrect to say that it%0D%0Awas because of this Taqlid that they attained the heights of perfection.%0D%0A%0D%0AIslamic Jurisprudence (Fiqh) is confined to the four schools. Those that do%0D%0Anot confirm to any one of them are called Ahle Hadith or Ghair Muqallid.
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Regarding madhabs and the obligation of following one. Is it compulsory that i follow a scholar who adheres (taqleed) to one of the four madhabs? | Fatwa Explorer