The original position in regards to the Muslim is that he takes what he requires in terms of Ahkaam Ash-Shar’iyah (directly) from the Shar’iyah texts himself i.e. from the Aayaat and the Ahaadeeth. That is because Allah Ta’Aalaa has addressed him with these texts and requested that he does not follow other than ‘Ilm (knowledge). Allah Ta’Aalaa said:

This Aayah commands us to utilise our senses and our minds to arrive at the knowledge of the Ahkaam Ash-Shar’iyah and if we are unable then it is obligatory for us to examine and undertake Ijtihaad in order to arrive, by way of the preponderant Zhann (what is believed to be most likely), to the Hukm Ash-Shar’iy.

The Taqleed does make a person arrive at knowledge (‘Ilm) or to the Zhann Al-Ghaalib (the preponderant view) of the Ahkaam Ash-Shar’iyah and as such the ‘Ulamaa held a variety of opinions in respect to the Hukm of Taqleed as follows:

1 – Some of the ‘Ulamaa viewed that At-Taqleed is not permissible at all and made Al-Ijtihaad obligatory upon the Mukallaf and to learn its means and tools.

2 – Others viewed that At-Taqleed is absolutely permitted for the one who is capable of performing Ijtihaad and for the one who is incapable.

3 – Others still permitted Taqleed for the one who is incapable of undertaking Ijtihaad whilst prohibiting it for the one who is capable of undertaking it.