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Understanding Usul Al-Fiqh3 min readViewed 2 times

11.1 Daleel for performing Taqleed


“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.

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Chapters (80)
  1. 1Introduction to this edition
  2. 2Introduction
  3. 31. Basic Terms In Islamic Jurisprudence
  4. 41.1 Fiqh
  5. 51.2 Usul Al-fiqh
  6. 61.3 Shari‟ah
  7. 71.4 Hukm Shara‟i
  8. 81.5 Types Of Hukm Shara‟i
  9. 91.6 The Application Of Shar‟iah
  10. 102. Daleel
  11. 112.1 Structure of Daleel
  12. 123. Qur‟an
  13. 133.1 Revelation of the Qur‟an
  14. 143.2 Arrangement of the Qur‟an
  15. 153.3 Compilation of the Qur‟an
  16. 163.4 Open & Hidden meaning?
  17. 173.5 The Muhkamaat (clearcut) and Mutashaabihaat (ambiguous)
  18. 183.6 Asbaab An-nuzool (circumstances Of Revelation)
  19. 193.7 Abrogation (Naskh)
  20. 204. Sunnah
  21. 214.1 The Sunnah Is A Definitive Source
  22. 224.2 Types of Sunnah
  23. 234.3 Basic Terms in Hadith
  24. 244.4 Reconciling a perceived conflict between two or more Ahadith
  25. 254.5 The Application of the Sunnah
  26. 265. Ijma‟ as-Sahabah
  27. 275.1 The meaning of Ijma‟
  28. 285.2 Examples of Ijma‟ as-Sahabah
  29. 295.3 Daleel indicating the Authority of Ijma‟ as-Sahabah
  30. 305.4 Who is a Sahabi?
  31. 316. Qiyas
  32. 326.1 The meaning of Qiyas
  33. 336.2 Daleel indicating the Authority of Qiyas
  34. 346.3 The Process of Qiyas
  35. 356.4 The Arguments of those who reject Qiyas
  36. 366.5 „Illah from the Text or the Mind?
  37. 376.6 The areas of Ahkam Shari‟ah which do not contain „Illah
  38. 386.7 Types of Ahkam Shariah where an „Illah can be found
  39. 396.8 Customs and traditions cannot be an „Illah
  40. 406.9 Difference between Manaat al-Hukm (reality of the rule) and „Illah
  41. 417. Sources of Hukm Shar‟i not agreed upon by all the Ulema
  42. 427.1 Ijma‟ al Ummah
  43. 437.2 Ijma‟ al Mujtahideen
  44. 447.3 Ijma‟ Ahlel Bayt
  45. 457.4 Ijma‟ Ahlel Medinah
  46. 467.5 Istihsan
  47. 477.6 Masalih Al Mursalah
  48. 487.7 Laws revealed before Islam (Shar‟a man qablana)
  49. 498. Ijtihad
  50. 508.1 Evidences for Ijtihad from the Sunnah
  51. 518.2 Evidences For Ijtihad From Ijma As-sahabah
  52. 528.3 Qualifications for performing Ijtihad
  53. 538.4 Types of Mujtahid
  54. 548.5 Reasons for differences of opinion among the Mujtahideen
  55. 559. A Brief Overview of Some Schools of Thought
  56. 569.1 Era of the Prophet (Saw)
  57. 579.2 Era of the Sahabah (ra)
  58. 589.3 Era of the Tabi‟een
  59. 599.4 Madhab of Imam Abu Hanifah
  60. 609.5 Madhab of Imam Malik
  61. 619.6 Madhab of Imam Shafi‟i
  62. 629.7 Madhab of Imam Ahmad Ibn Hanbal
  63. 639.8 Madhab of Ibn Hazm
  64. 649.9 Introduction to Madhab of Imam Zayd and Imam Jafar
  65. 6510. Do We Need a New School or Madhab?
  66. 6610.1 Reason for Differences of Opinion among the Mujtahideen
  67. 6711. Taqleed
  68. 6811.1 Daleel for performing Taqleed
  69. 6911.2 Muslims must ask for Daleel
  70. 7011.3 Taqleed is forbidden in the „Aqeedah (Belief)
  71. 7111.4 Muqalid shifting from one Opinion to Another
  72. 7212. Topics Related To Islamic Jurisprudence
  73. 7312.1 Wahy (Revelation)
  74. 7412.2 Role of „Aql
  75. 7512.3 Does the Shariah Apply on Non-Muslims?
  76. 7612.4 Was Prophet Muhammed (saw) A Mujtahid?
  77. 7712.5 Can Fiqh Be Changed?
  78. 7812.6 Need for a Minority Fiqh?
  79. 79Conclusion
  80. 80Bibliography