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The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

5.2 Taqlīd

Taqlīd linguistically is following others without scrutiny. It is said

‘He imitated him in such and such’

That is, he followed him without scrutiny or examination. Legally, Taqlīd is acting according to the statements of others without binding proof, Such as the layman’s adoption of the opinion of a mujtahid or the mujtahid’s adoption of the opinion of someone similar to him. Taqlīd (imitation) in ‘aqīdah (creed) is not allowed because Allah  has censured the muqallids (imitators) in ‘aqīdah. He  said:

“When it is said to them: “ Follow what Allah has sent down.” They say: “ Nay! We shall follow what we found our fathers following.” (Would they do that !) Even though their fathers did not understand anything nor were they guided ?” [TMQ Baqarah: 170]

And He  said:

“When it is said to them: “Come to what Allah has revealed and unto the Messenger (Muhammad (saw) for the verdict of that which you have made unlawful).”They say: “Enough for us is that which we found our fathers following,” even though their fathers had no knowledge whatsoever and no guidance” [TMQ Mā’idah: 104]

As for Taqlīd in the Sharī’ah rules it is legally permitted for every Muslim. He  said:

“So ask the people of the Reminder if you do not know” [TMQ Anbiyaa: 7]

He  has ordered the one who does not have the knowledge to ask the one who is more knowledgeable than him even though it was revealed as a refutation of the Mushrikin for their rejection of the Messenger  being a human being. However, its wording is general and the consideration is for the generality of the wording and not the specificity of the cause (al-’ibra bi ‘umum al-lafz laa bi khususiyyat al-sabab). It is not about a specific subject such that it is said it is specific to this subject. The ayah is general about the request from those who do not know to ask those who know. Since it requests the mushrikin to ask the people of the Book, to teach them that Allah  has not sent to the preceding nation’s messengers except human beings. They used to be ignorant of this information so He  ordered them to ask those who know. The ayah says:

“And We sent not before you (O Muhammad (saw) ) but men to whom We inspired, so ask the people of the Reminder if you do not know” [TMQ Anbiyaa:7]

The word ‘fas’alu’ (ask !) has come in a general manner, i.e, ask in order to learn that Allah  has not sent anyone to the preceding nations other than human beings. It is related to knowledge and not to belief (imān). The people of zikr (rememberance), even though the aforementioned in the verse are the people of the book, but the term has also come in a general manner and it includes all people of zikr. The Muslims are the people of Zikr because the Qur’ān is a Zikr. He  said:

“And We have also sent down to you (O Muhammad [sal-Allâhu 'alayhi wa sallam]) the Dhikr [reminder and the advice (i.e. the Qur'ân)], that you may explain clearly to men what is sent down to them” [TMQ Nahl: 44]

So those who know the Sharī’ah rules they are the people of Zikr whether they have knowledge from Ijtihād or acquired knowledge. The muqallid only asks for the ruling of Allah  in an issue or issues. Therefore, the ayah indicates the permissibility of practising Taqlīd.

“A man was struck by a stone that fractured his skull. Then he had a wet dream. He asked his companions - do you know of a permit (Rukhsa) for me to perform Tayammum (dry ablution)? - They said - we do not find any permit for you and you can use water. He then had a bath and died.

The Prophet  said

‘Verily, it would suffice for him to make tayammum, tie a piece of cloth around his head and wipe over it and wash the rest of his body.’

And he  said:

“Why did they not ask when they did not know. Indeed, the cure for incompetence is to ask”

The Messenger  instructed them to ask about the hukm Shar’i. It has been authentically reported that al-Sha’bi said: There were six companions of the Messenger of Allah  who used to deliver legal opinions to the people. Ibn Mas’ud, ‘Umar ibn al-Khattab, ‘Ali ibn Abi Talib, Zayd ibn Thabit, Ubayy ibn Ka’b, and Abu Musa. Three used to leave their opinion for the opinion of the other three. ‘Abd Allah used to leave his opinion for ‘Umar’s opinion and Abu Musa used to leave his opinion for the opinion of ‘Ali and Zayd used to leave his opinion for the opinion of Ubayy ibn Ka’b. This also indicates that the Muslims used to imitate (Taqlīd) the Sahabah  and some of them used to imitate each other.

As for what has been mentioned in the Qur’ān in terms of the censure for Taqlīd. This is a censure for imitation in belief and not in the adoption of the Sharī’ah rules. Because, the subject matter of the verses is belief. Its text is specific to the subject of belief and they have no ‘illah. So the saying of Allah :

“And similarly, We sent not a warner before you (O Muhammad (saw)) to any town (people) but the luxurious ones among them said: “We found our fathers following a certain way and religion, and indeed we will indeed follow their footsteps.” (The warner) said: “Even if I bring you better guidance than that which you found your fathers following? ” [TMQ Zukhruf: 23-24]

And His  saying:

“When those who were followed, disown (declare themselves innocent of ) those who followed (them) , and they see the torment, then all their relations will be cut off from them. When those who followed will say: “If only we had one more chance to return (to the worldly life), we would disown (declare themselves ourselves as innocent from) them as they have disowned (declared themselves as innocent from) us.” Thus Allah will show them their deeds as regrets for them. And they will never get out of the Fire.” [TMQ Baqarah: 166-167]

And His  saying:

“What are these images, to which you are devoted? They said: “We found our fathers worshipping them.” [TMQ Anbiyaa: 52]

These verses are texts about the subject of belief (imān) and disbelief (kufr) and nothing else. This text does not include any ‘illah (reason) and nor is there any reasoning found in any other text. Therefore, it should not be said that the consideration is for the generality of the wording and not for the specificity of the cause. This (principle) is correct with respect to the cause (sabab). It is the event which was the cause of revelation but it is not correct in regard to the subject matter of the verse. The consideration is for the subject of the verse. And the generality (‘umum) is restricted to the subject of the verse only. It is general in regards to everything that the meaning of the verse includes in terms of the subject and not in regards to everything that the verse does not include. Nor should it be said that it is regarding belief and disbelief, rather it is proper to interpret it as applicable to the muqallidin considering that the hukm revolves around an ‘illah whether it was present or absent. This cannot be claimed since no ‘illah can be found in the ayah and no ‘illah can be found for the ayah. The reason is that it does not include any justification and nor is there any justification revealed for it in any of the text’s of the Qur’ān and the Sunnah. Therefore no text can be found which prohibits Taqlīd. Rather the texts and the reality of the Muslims in the time of the Messenger PBUH and the Sahabah  and the reality of the Sahabah  all indicate the permissibility of practising Taqlīd.

Taqlīd is applicable to the follower (muttabi’) and to the layman (‘ammi) both. This is because Allah  has defined Taqlīd as following the opinion of someone else. He  said:

“When those who were followed, disown (declare themselves innocent of ) those who followed (them)” [TMQ Baqarah: 166]

And because the hukm Shar’i that a person adopts, either he has deduced it himself or it has been deduced by someone else, If he himself deduces it then he is a mujtahid and if someone else deduces it and he adopts it then he has adopted the opinion of someone else i.e, followed the opinion of someone else. And following the opinion of someone else is Taqlīd whether he adopted without a proof or with a non-binding proof. The muttabi’ (follower) therefore is a muqallid. As well, ittiba’ (following someone else) means that you follow the opinion of a mujtahid based on what has become clear to you in terms of evidence without you passing judgement on this evidence that is, without you being bound by this proof. If you pass judgement on the evidence and you know the manner of deducing the hukm from it and you agree to the inference of the hukm and the hukm itself then the proof on which the hukm rests has become binding on you. Then your opinion has become like the opinion of the mujtahid. You are in this case a mujtahid and not a muqallid. From this it becomes clear that ittiba’ (following) is Taqlīd and that the follower (muttabi’) is a muqallid even though he knows the evidence.

Reference: The Islamic Personality - Sheikh Taqīuddīn An-Nabahānī

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