The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

Taqlīd is the adoption of another person’s opinion without a binding proof. So the acceptance of another person’s opinion without a binding proof is considered Taqlīd just as acting according to the opinion of another without a binding proof is considered Taqlīd. That is like the layman’s adoption of the opinion of a mujtahid or the adoption of the mujtahid of an opinion from someone like him. Referring to the Messenger PBUH is not Taqlīd to him and nor referring to the ijma’ of the Sahabah is Taqlīd to them because it constitutes referring to the evidence itself and not adopting the opinion of another. Likewise, the laymen’s reference to a mufti is not considered Taqlīd to him, rather it constitutes seeking a legal opinion and learning and not adoption. So he either refers to him to seek a legal verdict (fatwa) or to learn, that is, the reference of a layman to a learned person is not considered Taqlīd to him because it constitutes either inquiring about a hukm Shar’i or learning it. As for the adoption of an opinion with knowledge of its evidence, it will be looked into. If the knowledge of the evidence is mere knowledge, like knowing that visiting the graves is permitted because the Messenger PBUH said:

Then in this situation he is considered a muqallid because he has adopted the opinion of another without a binding proof even if he knew the evidence. However, the muqallid himself did not use this evidence as proof so it is not a binding proof with respect to him. As for if an understanding of the evidence was arrived at after examining the evidence and then deducing the hukm from it, it is then regarded as an Ijtihād which agrees with the Ijtihād of the one who initially held this opinion. That is because this process depends on realizing that the Hukm is free of conflicting factor based on the necessity of studying it, a matter which depends on the close examination of the evidences, something only the Mujtahid can do. Therefore, the muqallid is not a mujtahid. People with regards to the hukm Shar’i are either mujtahid or muqallid and none other. i.e, either he deduces the hukm himself whether some one else had deduced it before or he himself deduced it from the onset or he adopts the deduction of another mujtahid. Therefore, whoever does not have the capacity for Ijtihād he is a muqallid irrespective of whether he had knowledge of some of the legally recognised disciplines in Ijtihād or not. So he falls under the category of muqallid ‘ammi (layman) or muttabi’. However, the muttabi’ imitates on condition that he knows the evidence of the mujtahid while the ‘ammi he imitates without any condition.

It is permitted for the muqallid, whether muttabi’ or ‘ammi to adopt the opinion of any mujtahid once it is established that this opinion of his is an Ijtihād, even if it was established by a solitary narration (khabar ahad). When he is confronted with an issue and he has not acquainted himself with the opinions of the mujtahiddin but he knows the opinion of a single mujtahid, It is permitted for him to adopt the Sharī’ah rule which this mujtahid had deduced because what is required from him is the adoption of a Sharī’ah rule in an issue and not the pursuance of the opinions of mujtahid’s. In such an instance outweighing is not required from him. In the case if he is familiar with the opinions of the mujtahiddin and he wishes to adopt one of them then it will not be correct for him to do anything other than perform tarjeeh (outweighing) and this tarjeeh (outweighing) should not be according to the conformity of the hukm to his whims or apparent benefit since the intention of the Sharī’ah is to take the mukallaf (legally responsible) from the motive of his whims and desires and to make him a true servant of Allah . Indeed, the tarjeeh should be according to a Sharī’ah preponderant qualification, that is, the qualification should be linked to Allah  and the Messenger of Allah . He  said:

Referring to Allah  and to His Messenger  is either to the word of Allah  or the Sunnah of His Messenger  i.e, to the Sharī’ah evidence, either to what Allah  or His Messenger  has ordered. Consequently, the preponderant qualifications differ according to the different states of the muqallids. Yes, the general preponderant qualification for the layman is, subsequent to the evidence, the one who has the best knowledge and comprehension. And this is the primary preponderant qualifications for all muqallids. However, there are different preponderant qualifications which people may use to outweigh, with or without the preponderant qualification of best knowledge. So the layman follows a mujtahid according to his trust of the understanding and taqwa (God fearing) of the ones who follow him, from the people he knows, like when he trusts his father or one of the ‘Ulama, so he follows the ones who follow him. This tarjeeh (outweighing) for the ‘ammi (layman) is from the perspective of the deen and not the perspective of his whims. Or, another preponderant qualification is that the layman knows the Sharī’ah rules and the evidences by attending lessons on fiqh, hadīth etc. At that point he is able to distinguish between rules and their evidences. This person outweighs in Taqlīd according to his acquaintance with the evidence. So he follows the hukm the evidence for which he is familiar with, when it contradicts with a hukm the evidence for which he is not acquainted with, He will then have a hukm which is linked to an evidence which is preferable to a hukm which is not linked to an evidence. These two situations apply to the layman; who is anyone who does not have knowledge of some of the recognised disciplines in Ijtihād Therefore, the layman in all of these situations, when an evidence becomes manifest to him, he must leave the Taqlīd that is based on his trust of the knowledge and taqwa of those who follow the mujtahid whom he follows and adopt the hukm which is linked to an evidence, because now he has a stronger preponderant qualification. So whoever used to follow Shafi’i or others because his father used to follow him, when the evidence of a hukm Shar’i, which had been deduced by a mujtahid other than the one he followed, becomes manifest to him and he believes in it, then he must adopt that hukm due to the presence of a stronger preponderant qualification which is the Sharī’ah evidence. And if he did not believe in it, then he does not have the right to leave the hukm he has been following since he has no preponderant qualification to warrant it. In the outweighing (tarjeeh), he relies on the hearing of indications (qara’in). He (the layman) does not have the right - to adopt different mazhabs based on whims. And nor does he have the right to follow the mazhabs in every issue which is easier for him, rather he must seek a preponderant qualification when there is more than one understanding for the ahkām.