Chapter 09 DOUBTS & OBJECTIONS ON TAQLEED Part 08


Fiqh, The Legal Status of Following a Madhab

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)

August 18, 2008

Chapter 09 DOUBTS & OBJECTIONS ON TAQLEED Part 06


Fiqh, The Legal Status of Following a Madhab

How may a Layman Recognise the Mujtahid?

(6) We have stated in the beginning that taqleed, whichever of the two kinds you consider, is nothing more than to ask one who is in adept in the science of Qur’an and sunnah and whose understanding, insight and juristic knowledge is reliable, that one who is incapable may know.

Some people wonder how an ignorant seeker will distinguish an adept imam? (Tahreek Azadi Fikr p13)

Let us suffice by reproducing Imam Ghazali’s text on the subject.

August 18, 2008

Chapter 05 TAQLEED OF INDIVIDUAL IN TIMES OF SAHABAH AND TABI’EEN Part 2


Fiqh, The Legal Status of Following a Madhab

Sayyidina Huzayl ibn Shurahbeel reported that someone asked Sayyidina Abu Musa Ash’ari a ruling. He gave an answer but also advised them to ask Sayyidina Abdullah ibn Mas’ood . They went to him and told him that they had asked Abu Musa Ash’ari already. His ruling was contrary to Abu Musa’s who, when they told him about it, said:

“Do not ask me (for rulings) as long as this great scholar is among you.” (Bukhari v2 p997)

The words in Musnad Ahmad are:

“As long as this major scholar is among you do not ask me anything.” (Ahmed v1 p464)

August 18, 2008

Chapter 02 THE QUR’AN AND TAQLEED Part 2


Fiqh, The Legal Status of Following a Madhab

“And when there comes to them any tiding, whether of peace or of fear (or war), they spread it abroad. If they had only reffered it to the Messenger and to those in authority among them, then those among them who can search the truth about it, would have known (how to dispose of) the matter.” (4:83)

The hypocrites in Madinah spread rumours concerning war and peace. Some simple Muslims fell into their trap and passed on to others whatever they heard. This created an atmosphere of uncertainty. The verse instructs Muslims not to do so but inform the ‘ulul amr’ of whatever they learn. The qualified among them would investigage and let them know the truth.

August 18, 2008

Foreward


Fiqh, The Legal Status of Following a Madhab

There is no dearth of books on the subject of taqleed and ijtihad, and I had no idea that I would be writing anything on it. However, certain reasons compelled me to write down this treatise.

When, in 1963, the editor of ‘Faran’, Mahir ul-Qadri, suggested that I should contribute an article on taqleed, I was disinclined to engage in debate on the question, as, indeed, my respected father, Maulana Mufti Muhammad Shafi, always kept himself away from it. However, I acceded to his request in the hope that I might explain the issue and invite the warring parties to think coolly and cease to argue.

August 18, 2008

Objection on Taqwa


Beliefs & Practices, Chapter 06, Islam & Modernism

Their last and biggest objection is on the condition of “Taqwa” (Fear of Allah, Piety, and Abstinence from evil- doings). According to them “Taqwa” like “knowledge” is not essential for interpreting the Qur’an. We do not understand what apprehension they have against it. According to them the complication in this regard is:

“The condition of “Taqwa” is a condition that, every scholar can reject the judgement of another scholar, because everyone has his own standard for Taqwa”. (Fikr-o-Nazar Nov.67, p.326)

August 17, 2008

Who should legislate?


Beliefs & Practices, Chapter 06, Islam & Modernism

As for the claim that Dr. Fazlur Rehman has published in the monthly “Fikr-o-Nazar” in these words:

“In Islam the Muslim Ummah as a whole had been doing legislative work and it should still have the right to do so.”

I wish they had further clarified what he meant by it. Does it mean that every individual of the Ummah should be allowed to become a legislator. Every illiterate and uncivilized person should be entrusted with legislation. Or, does it mean that the Ummah as a whole enjoys the right to select some deserving, reliable and knowledgeable person from among them to be entrusted with this sacred job? In that case it will be a work of these selected people.

August 17, 2008

More ‘New Interpretations’


Beliefs & Practices, Chapter 05, Islam & Modernism

We come across numerous interesting “new Interpretations” in the book named “Islam” written by the Director of Islamic Research, Dr. Fazlur Rehman. According to him only three daily Salah were originally made obligatory, and two more were added in the last years of the Prophet’s life. Hence their number has the possibility of accepting changes.

“Anyhow, the fact that basically there were three daily Salah is also supported by the incidence that there is one narration according to which Prophet (PBUH) has converted the four Salah into two”. Anyway it happened in the post-prophetic era that the number of Salah without any alternative choice, was strictly fixed as five. In this way the fact that the number was basically three got swept away in the flood of traditions reported in support of the number of five”. (Monthly “Fikr-o-Nazar, vol: 5, p.259)

August 17, 2008