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

Taqleed of Individual & Base Desires

(8) We have seen earlier that both kinds of taqleed are lawful, but as standards of sincerity lowered, the door to base desires opened up in taqleed of the absolute nature. The ulama so ruled that only taqleed of an individual must be practiced, henceforth.

Some people raised strange objections to that.

“Most of the people in Pakistan are Hanafis…. the management of clubs of enjoyment are in the hands of the Hanafis. If taqleed of an individual is cure for base desires then why is this tool of base desires found everywhere?” (Tahreek Azadi Fikr p146)

My humble submission is that if a man has resolved to disobey and knowingly commits sin then the cure for his base desires lies neither in taqleed nor in giving up taqleed. We do not discuss this kind of base desires here, but we are concerned here with the very serious base desires to legalise the unlawful things like interest, wine, gambling, forsaking the veil. They try to give these things a Shari’ah cover and the whole world of Islam is engulfed in it. The names of ijtihad and freedom of thought are heard on every tongue. They try to prove their point by references to the Qur’an and Hadith. All of them have declared taqleed of individual as unlawful, for it is this taqleed that has shut the door to ijtihad of this kind. They have gained great support from the propaganda that taqleed of the imams is haram. Everyone is appropriating the right to practice ijtihad and commits a grave wrong on the Qur’an and sunnah.

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