THE PERMISSIBLE FORM OF TAQLEED
Shaykh Saalih al-Fawzaan, hafidhahullaah said: “As for the permissible form of blind-following (at-taqleedul-mubaah), then it is for the common person (aamee) who, if he does not follow the people of knowledge, then he will stray from the path.
Allaah, the Mighty and Majestic, said: Ask the people of knowledge if you do not know. [an-Nahl 16:43] And taqleed is not done to just anyone.
Rather, it is done to one who is acredited with knowledge and piety and is known to the people for this. ” Muntaqaa min Fataawaa (5/363).
Shaykhul-Islaam Ibn Taymiyyah, rahimahullaah, said: “When a Muslim is faced with a problamatic situation, he should seek a verdict from one whom he believes will give him a verdict based upon what Allaah and His Messenger have legislated; whatever school of thought (madhhab) he belongs to.
It is not obligatory upon any Muslim to blindly follow a particular individual from the scholars in all that he says. Nor is it obligatory upon any Muslim to blindly follow a particular madhhab from the scholars in all that it necessitates and informs.
Rather, every person’s saying is taken or left, except that of the Allaah’s Messenger sallallaahu alayhi wa sallam.
To follow the madhhab of a particular individual because of an inability of knowing what has been legislated, is from that which is permissible;
it is not from that which is obligatory upon every individual – if they have the ability to know what has been legislated without this path of blind-following (taqleed).
So each individual should fear Allaah as much as he is able, and seek knowledge of what Allaah and His Messenger have ordered; doing what is commanded and keeping away from that which is forbidden. ” Majmoo Fataawaa (20/208-209)
Shaykhul-Islaam Ibn Taymiyyah also said: “As for the one who has the ability to perform ijtihaad, is it permissible for him to do taqleed?
About this there is a difference of opinion, with the correct opinion being that it is permissible in cases where he is unable to perform ijtihaad; either due to the proofs being similar, or due to a time constraint in being able to perform ijtihaad, or due to the proof not being apparent to him.
So in cases where he is unable, the obligation of ijtihaad is lifted from him due to this inability.” Majmoo Fataawaa (20/204)
The Standing Committee for Islamic Research and Ifta said,”…Taqleed of the one who is not able to research the evidences and derive rulings from it, to a scholar who has been endowed the skill of ijtihaad in the evidences of the sharee’ah.
This is permissible, due to His saying, the Most High, “Allah does not burden a soul more than it can bear,” and His saying, the Exalted, “Then ask the people of remembrance [scholars] if you do not know,” and other texts similar to these, which point to the removing of difficulty and the protection of the one responsible, from straying about in the rulings and speaking about Allah without knowledge…” Ref: Fataawa al-Lajnat-ud-daaimah lil-buhuth al-‘ilmiah wal-Iftaa)”, Volume 5: Fatwaa No. 11296
THE PROHIBITTED FORMS OF TAQLEED
Ibn al-Qayyim, rahimahullaah, said about the prohibitted types of taqleed: “It is of three types:-
Firstly: totaly turning away from what Allaah has revealed, but rather being satisfied with the taqleed of ones for-fathers.
Secondly: doing taqleed of someone when you do not know whether that person is from those whose saying can be taken.
Thirdly: doing taqleed after the proofs have been established and it becomes apparent that the evidence contradicts the view of the one to whom taqleed is done.” Ilaamul-Muwaqqieen (2/188).
The Standing Committee for Islamic Research and Ifta said, “(1) Taqleed by the one who has the skills of ijtihaad, to others from the scholars after the truth has been made clear to him with confirmed evidences from the Prophet (s).
This is not permissable for him to do taqleed to what contradicts that which reached him from evidences and ijmaa’ (consensus).
…(2) Taqleed by the one who has been endowed the skill of ijtihaad, to one other than him from the mujtahideen before he reaches a ruling with his [own] ijtihaad.
Then it is not allowed for him to do taqleed to others.
[This is what] as-Shaafi’i, Ahmad, and others, Allah have mercy on them, held as their opinion, and is more correct, due to his ability to arrive at a ruling by himself.
He is responsible for ijtihaad to know what the sharee’ah has made him liable for because of His saying, the Most High, “So have taqwa of Allah as much as you are able,”
and what has been confirmed from the saying of the Prophet(s), “When I command you by a command, then follow it as much as you are able.”
…(3) The taqleed to the one who differs with the sharee’ah of Islam from the forefathers, leaders, and rulers, due to nationalism or following desires.
This is prohibited by ijmaa’. And verily many texts from the Qur’aan and Sunnah have been mentioned [in this].
And Allah, the Most High said, say: ‘Rather we shall follow what we found our fathers following,’ even though their fathers did not understand anything nor were they guided.”[Baqarah:170]
And Allah, the Most High said, “But no, by your Lord, they can not have faith until they make you judge in all disputes between them, and they find in themselves no resistance against your decisions, and accept with full submission.”” Ref: Fataawa al-Lajnat-ud-daaimah lil-buhuth al-‘ilmiah wal-Iftaa)”, Volume 5: Fatwaa No. 11296
Posted by Abdul Kareem Ibn Ozzie