Taqleed - Following the Four Imams (رضی اللہ تعالٰی عنہ)

CHAPTER ONE

Taqleed - Following the Four Imams

The literal definition of Taqleed is 'to put on a necklace or strap around the neck'.

In Shariah terms, Taqleed is to deem a person's verdict and action to be necessary, according to the Shariah, upon another. This is done in the belief that the former's verdict and action is a proof for us as he is a Shariah Researcher (Muhaqqiq). An example of this is how we deem the verdict and actions of Imam-e-Aazam Abu Hanifa (رضی اللہ تعالٰی عنہ) as verification for us in the rules of Shariah without pursuing its proofs.

The marginal notes of Husaarni records from Sharah Mukhtasarul-Manaar, "Taqleed is when a person obeys another's opinion or action after hearing it without pursuing his proof in the belief that he is amongst the Shariah Researchers (Ahle- Tahqeeq).^1.l9 (Note: this extract is found in the book, Nocrul-Anwaar, in the discussion of Taqleed as well) - Baabu-Mutaabiatur­Rasool, Pg. 86.

Musalamath-thuboot and Imam Ghazali (رضی اللہ تعالٰی عنہ) in Kitaabul-Mustasfaa, Vol. 2, Pg. 387, also defines Taqleed as the above.

From this definition, it can be concluded that obeying the Holy Prophet (صلی اللہ علیہ وسلم) cannot be termed Taqleed as his every saying and action is a proof of Shariah. In Taqleed, the Shariah proof is not looked at, which is why we, the Sahaaba and Four Imams (رضی اللہ تعالٰی عنہ) are called the ummatis of the Holy Prophet (صلی اللہ علیہ وسلم) is and not those who follow him through Taqleed (Muqallids).

Similarly, the obedience shown by the general Muslim public towards a learned person cannot be called Taqleed as his verdict or action is not deemed as a proof upon us. In this case, he is obeyed in the belief that he is a learned person and has given a verdict after consulting Islamic texts. If his verdict (fatwa) is proven wrong and contrary to them, it will not be accepted. This differs to the verdict of Imam Abu Hanifa (رضی اللہ تعالٰی عنہ) which is accepted irrespective of whether he deduced a rule after referring to the Hadith, Quran and consensus of the ummat or from his deduction (qiyaas). This difference should be kept in mind.

There are two types of Taqleed,

1. Taqleed-e-Shar'i - To follow someone concerning the rules of Shariah, i.e. the following of the Four Imams in rules pertaining to salaah, fasting, Hajj, etc.

2. Taqleed-e-Ghair-Sbar'i - Following someone in worldly matters, e.g. doctors following Boo Ali Seena in medicine, poets following Daagh Dehlwi, etc. in poetry, a person following the prominent craftsmen of his trade, etc. These are all examples of worldly Taqleed.

Although the obedience the pious pay to the wazeefas and practices of their Sheikh's sayings and actions is an Islamic Taqleed, it is not a Shariah Taqleed, as they are not following him on rules of Shariah concerning Haraam and Halaal. Yes, the Taqleed they are displaying here is of an Islamic association.

If Taqleed-e-Ghair-Shar'i is against the Shariah then it is Haraam. If not, then it is permissible. Hence, people following the customs of joy or sadness innovated by their forefathers which are against the Shariah are Haraam. Doctors following Boo Ali Seena, etc. in medicinal matters which are not contrary to Islam is permissible.

The Quran has censured the first type of Haraam Taqleed mentioned in the preceding paragraph in several places, addressing those who practice it as well. Allah (عزوجل) states,

"And do not follow those whose hearts we have made bereft of our remembrance. Such people have gone after their carnal desires and went overboard." 1.19a

- Surah Kahf, Verse 28

"And if they try to make you take on a partner with Me in that which you have no knowledge of, do not listen to them." 1.19b

- Surah Luqmaan, Verse J 5

"And if it is said to them to come towards which Allah (عزوجل) has revealed and towards His Messenger (صلی اللہ علیہ وسلم), they will say that whatever they found their forefathers on is sufficient for them even though their forefathers knew nothing and were not on the path of salvation. 1.l9c.

- Surah Maida, Verse 104

"And ifit is said to them to follow that which Allah (عزوجل) has revealed, they will say that they will follow whatever they found their forefathers treading on ^I.^l9d - Surah Baqarah, Verse 170.

These and similar verses have condemned any Taqleed which goes against the Shariah and is in conformity to the Haraam actions of a nation's ignorant predecessors.

These verses have no link to the Taqleed of Shariah and the obedience of the Four Imams. To slander this Taqleed as polytheism or Haraam based on these verses is completely un-Islamic.

WHICH RULES MUST TAQLEED OCCUR IN AND IN WHICH NOT?

Taqleed-e-Shar'i has many dimensions to it. Shariah rules (masaail) are of three types,

1. Beliefs (Aqaaid).

2. Those laws which are explicitly (sareeh) proven from the Quran and Hadith with ijtihaad having no weight on them.

3. Those laws which have been deduced from the Quran and Hadith using ijtihaad as well.

It is not permissible to make Taqleed of any person in Islamic beliefs (aqaaid). Commentating on “نصیبہم غیر منقوص”1.20 Tafseer Roohul-Bayaan states, "If we are asked as to how we have accepted the Oneness of Allah (عزوجل), His Messengers etc. we cannot say."Through the rulings of Imam Abu Hanifa (رضی اللہ تعالٰی عنہ) or "Through their proofs found in his book, Fiqhe-Akbar," as Taqleed of any person in Islamic beliefs is impermissible." 1.21

The preface of Shaarni, discussing Taqleed, states, "( What we believe) Besides secondary Fiqhi laws (Faree), meaning those beliefs which are compulsory for every Mukallaf (answerable Muslim) to believe in without anyone's Taqleed, the beliefs held by the Ahle-Sunnah wal-Jamaaat, i.e, the Ashaariah and Maaturidiyah." 1.22

Tafseer-e-Kabir, discussing “فاجرہ حتی یسمع کلام اﷲ”1.23 states, ''Taqleed ofa person in explicit laws, e.g. the five daily salaah, the units of namaaz, etc. is also not permissible. These are those rules which are proven, explicitly from an absolute script of Islamic Law (Nas). Therefore, the ruling and books of Imam Abu Hanifa (رضی اللہ تعالٰی عنہ) will not be used to support namaaz being fardh, etc. Rather, they are to be substantiated from the Quran and Hedith.^1.24

Those rules which have been extracted from the Quran Hadith or consensus of the Ummah using ijtihaad and the ability of deducing Islamic laws are waajib to make Taq\eed on by one who cannot make ijtihaad (ghair mujtahid).

The classificatioo of a rule that requires Taqleed and those which do not should be paid special attention to. At some instances. the refuters of Taqleed (Ghair Muqallids) object by saying, "Wbeo a follower of Taqleed is not allowed to extract rules from Islamic proofs, bow can you preseDt QuraDic verses aod

Abaditb to prove salaab, fasting ete?"

The answer to this is that the obligation of salaah etc. is Dot from amongst the rules followed under Taqleed.

It is also known from this that besides laws, Taqleed does not occur in History as well, such as on the infidelity of Yazeed.

Similarly islamic Jurists presenting proofs from the Quran and Hadith in deduced (qiyaasi) rule is only in corroboratioD for them. Those rules have already been accepted on the verdict of the Imam.