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Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

1 – Al-Ijtihaad is Fard Kifaayah; if some undertake it, the duty falls from the rest and if some have not undertaken it, then all those who are capable of Ijtihaad are sinful. That is because it is not permissible for the Muslims to have an era or period of time without the existence of a Mujtahid or Mujtahideen who are capable of deducing the practical Ahkaam Ash-Shar’iyah for the new realities occurring in the life of the Muslims.

That does not however mean that making Taqleed to a Mujtahid is Haraam because the command to undertake a matter is not a forbiddance (Nahi) from doing its opposite, as we explained earlier in the section about the Amr and the Nahi (Command and forbiddance). 2 – At-Taqleed in the Aqeeedah:

Just as there is no place for Ijtihaad in respect to the Aqeedah, Taqleed in respect to the Aqeedah is not permissible. That is because Allah Ta’Aalaa has rebuked the Muqallideen in the Aqeedah. He (swt) said:

Extra related points:

My Opinion In Respect To At-taqleed

Allah (swt) has requested from the Mukallafeen to follow what He has revealed:

Follow what has been revealed to you from your Lord (Al-A’araaf 3).

It is therefore obligatory upon the Mukallaf to know the Hukm which is required of him in obedience to Allah and His Messenger. If he does not find the Hukm explicitly stated within the Shar’iyah texts, then if capable, he performs Ijtihaad to derive that Hukm from the Nusoos Ash-Shar’iyah (texts) or he takes it from other than him from the Mujtahideen who have derived the ruling, or he asks someone else who is knowledgeable of the Hukm. Allah Ta’Aalaa said:

So ask the people of the scripture if you do not know (An-Nahl 43).

Consequently, At-Taqleed is permitted for the Muqallid and the Mujtahid in respect to taking or adopting the practical Ahkaam Ash-Shar’iyah and there does not exist any Daleel (evidence) indicating its prohibition. The Sahaabah (rah) used to make Taqleed amongst themselves even though most of them were Mujtahideen and other Muslims would make Taqleed to them as well. This occurred and took place without any of the Sahaabah (ra) denying or reproaching them and as such it represents an Ijmaa’ upon the permissibility of Taqleed.

The original position is for the Mukallaf to adhere to the Ahkaam Ash-Shar’iyah in respect to everything he does, whether this is as a Muqallid or Mujtahid, although it is better or more becoming for him to be a Mujtahid because Allah has placed reward upon the performance of Ijtihaad; if he is correct he attains two rewards whilst if he errs he attains one reward.

And 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? (Al-Baqarah 170).

And Allah Ta’Aalaa said:

And if you obey most of those upon the earth, they will mislead you from the way of Allah. They follow not except Zhann (speculation/uncertainty) and they are not but falsifying (Al-An’aam 116).

The word ',يَخْرُ صُو نَ، 'means lying whilst lying is Haraam and so following Zhann in the Aqeedah is also Haraam.

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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