Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

“We have not sent before thee but men whom We reveal to them. So ask the people of knowledge if you know not”.(TMQ An-Nahl: 43)

This Ayah was revealed in response to the disbelievers‟ argument who rejected Muhammad (saw) was a human being. However the wording of the Ayah is general and what matters are the generality of the wording and not the specificity of the cause (Al-'ibra bi 'umum al-lafz laa bi khususiyyat al-sabab). Moreover, it is not about a specific subject, it is general about the request from those who do not know to ask those who do know. For it requests the Mushrikeen to ask the People of the Book to teach them that Allah (swt) has not sent to previous nations Messengers who were not human beings. They were ignorant of this information so He (swt) ordered them to ask those who know.

The word „Fas'alu' (ask) has come with a general import i.e. ask in order to learn. It is related to knowledge and not to belief (Iman). Although the people of Zikr mentioned in the verse are the People of the Book, the term came in a general manner and it includes all people of Zikr, whether Muslims or non-Muslims. The Muslims are the people of Zikr because the Qur‟an is a Zikr. He (swt) said:

“And We have also sent down to you (O Muhammad [saw]) the Zikr (reminder and advice [i.e. the Qur‟an]), that you may explain clearly to men that which was sent down to them, and that they may give thought.” (TMQ An-Nahl: 44)

Hence, Taqleed only in the Hukm Shar‟i is allowed for every Muslim. This understanding is further supported by the following Hadith.

Jabir (ra) has narrated that one man suffered a wound to his head. Whilst sleeping he had a wet dream. He asked the companions if he could make Tayammum. They said that he had no excuse for not performing Ghusl. After performing Ghusl the man died. When the Prophet (saw) was informed of the incident he (saw) said: “Verily it was enough for him to do Tayammum, to place a piece of cloth on his head, which he should then wipe (Masah) and then for him to wash the rest of his body”. (Abu Dawud & Ahmad)

He (saw) then said:

“They (the companions) should ask if they do not know.”42

Thus, the Prophet (saw) made it very clear to the companions that they should ask about the ruling if they are not aware of it.

It has been authentically reported that al-Sha'bi said: “There were six companions of the Messenger of Allah (saw) who used to deliver legal opinions to the people. Ibn Mas'ud (ra), Umar b. al-Khattab (ra), 'Ali b. Abi Talib (ra), Zayd b. Thabit (ra), Ubayy b. Ka'b (ra), and Abu Musa (ra). Three used to leave their opinion for the opinion of the other three. Ibn Mas‟ud used to leave his opinion for Umar's opinion, Abu Musa used to leave his opinion for the opinion of 'Ali and Zayd used to leave his opinion for the opinion of Ubayy b. Ka‟b.” This also indicates that the Muslims used to imitate the Sahabah and some of them used to imitate each other.