Fiqh, The Legal Status of Following a Madhab / Monday, August 18th, 2008

Taqleed For The Mujtahid in His Mazhab

He is a mujtahid who abides by the method of deduction of the absolute mujtahid, and is also qualified to deduce specified issues under that method directly from the Qur’an and sunnah and aathar. Thus, many such mujtahids do differ from their absolute mujtahid on many branch commands or their details, but continue to be their muqallid. Examples are: Abu Yusuf, and Imam Muhammad in the Hanafi school, Imam Muzani and Abu Thawr, among the Shafi’ees, Suhnun and Ibn al-Qasim among the Maalikis, and Ibrahim al-Harabi and Abu Bakr al-Athram among the Hanbalis.

Allamah Ibn Aabideen Shami wrote:

“This is the next degree of the jurists — mujtahid in mazhab, for example, Irnam Abu Yusuf, Imam Muhammad and other students of Imam Abu Hanifah They are capable of deduction of commands on the basis of the evidences (from the Qur’an, sunnah etc.) according to rules prescribed by their teachers. They may have differed from their imam in many details, but they continued to be his muqallid in fundamentals.” (Sharah Uqood Rasm al-Mufti p4)

Thus the mujtahid in mazhab is a muqallid on fundamental issues but a mujtahid on branch issues and details.

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