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

My Opinion In Respect To At-taqleed And At-talfeeq Amongst The Madhaahib

1 – It is for the Muslim to make Taqleed to a Madh’hab, itself, in all of the Ahkaam that he requires, like if he was to make Taqleed to Ash-Shaafi’iy for instance.

2 – It is permissible for this Muslim to ask for an opinion other than the opinion of Ash-Shaafi’iy to commit to, if his action had not been linked or connected to the Mas’alah that he is making Taqleed in. This means that if he had not already undertaken the action according to the opinion of Ash-Shaafi’iy. If he had however undertaken the action according to the Shaafi’iy opinion, and if only once, then it is not permitted for him to make Taqleed to other than Ash-Shaafi’iy in that Mas’alah (issue) unless he becomes capable and competent to undertake At-Tarjeeh (outweigh between the evidences and opinions). In that circumstance he would abandon the opinion of Ash-Shaafi’iy to adopt another opinion built upon that Tarjeeh (outweighing) and not because that new opinion is lighter or easier upon him than the Shaafi’iy opinion.

3 – If the Muqallid becomes a Mujtahid, it is permissible for him to leave the opinion that he had been following by Taqleed to adopt the opinion that he has deduced by Ijtihaad, whether his action has connected to the first opinion or has not connected to it (i.e. whether he has acted upon it or not). That is as long as it is most probable or preponderant in his view (Ghalab ‘Alaa Zhannihi) that the second opinion is stronger than the first via a correct Ijtihaad.

4 – If the Imaam (Khalifah of the Muslims) adopts a particular Hukm Shar’iy, it is obligatory at that time for every Muqallid and every Mujtahid to leave or abandon his opinion and to follow the opinion of the Imaam, in accordance to the Shar’iyah Qaa’idah (principle):

(The command of the Imaam is implemented openly and inwardly).

And Al-Qaa’idah Ash-Shar’iyah:

(The command of the Imaam raises or removes the dispute or difference)

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

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