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13th March 2009

The guiding principles of taqleed are mentioned in the Qur'an.

The First Verse

{O you who believe, obey Allah and obey the Messenger and those in authority among you.} (4:59)

The ulul amr (those in authority) are said by some to be the Muslim rulers and governors and by others to be the jurists. The second explanation is by Sayyidina Jabir ibn Abdullah (rad) Abdullah ibn Abbas (rad) ( This tafseer of Abdullah ibn Abbas is reported by Mu'amiyah ibn Salih from Ali ibn Abu Talhah. (Ibn Jarir v5 p88). This is the strongest line of transmissiori of his report (AI-ltqan # 80), Mujahid (ra), Ata ibn Abu Rabah (ra), Ata ibn as-Sa'ib (ra), Hasan Basri (ra), Abu al-Aaliyah (ra) and many others. lmam Razi (ra) has preferred this explanation citing many. arguments. He said:
It is preferable to apply the meaning ulama to ulul amr in this verse(Tafseer Kabeer v3 p334.)

Imam Abu Bakr Jassas (ra) found no contra­diction in both the Ahadith. Rather both meanings are valid. The rulers need to be. obeyed in political matters
while the ulama must be obeyed in issues pertaining to

Shari'ah(Ahkam ul Qur'an; Jassas v2 p256). Allamah ibn al-Qayyim said that obedience to the rulers leads finally to obedience to the scholars of religion because the rulers obey the ulama in matters of Shari'ah

(ilam ul-Muqi'een, Ibn Qayyim vI p7)

Anyway, the verse asks 'the Muslims to obey Allah and His Messenger. and the ulama and jurists who explain the words of Allah and His Messenger. and this (last) obedience is taqleed.
The next portion of this verse is:

{Then if you quarrel on anything, refer it to Allah and the Messenger, if you believe in Allah and the last day.}
(11 :59)
According to the above explanation, it is a continuous sentence in which the mujtahideen are addressed. Abu Bakr Jassas (ra)wrote in support of ulama as 'those in aurhority'.
That Allah's words, if you quarrel follow
immediately His statement about ulul amr (those in authority) is evidence that ulul amr are the jurists, because Allah has commanded all men to obey them. Then, after saying, if you quarrel..."", He commanded the ulul amr that they should refer back to Allah's Book and His Messenger's sunnah that in which they differ. This command could be directed only to the jurists because the mass s and the unknowledgeable cannot be of that standard and they do not know how they have to refer back any matter to Allah's Book and the sunnah. And they do not know how to derive evidence for new issues. So, it is the ulama who are addressed here.)
The famous scholar of Ahl Hadith, Allamah Nawwab Siddiq Hasan Khan (ra) has also confirmed in his exegesis that the words of the Qur'an in this verse are addressed to the Mujtahadeen.

And obviously this is an address by itself and it is directed to the Mujtahids.
So, it is not correct to conclude that those who are not competent to make ijtihad may refer to the Qur'an and
. Hadith directly in connection with disputed issues and derive their conclusions. Rather, the first sentence of the verse addresses those people who cannot derive commands directly from the Qur'an and sunnah. It is their duty to obey Allah and His Messenger .A by asking for rulings' and explanations from the ulul amr and conducting themselves on it. The second sentence addresses the mujtahideen. They are directed to turn to Allah's Book and the Messenger's .A sunnah and deduce comm nds. So, in the first sentence the muqallid is commanded to make taqleed and in the second mujtahid to make ijtihad.

The Second Verse

{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.Though this verse was revealed about a particular situation, yet the principles of exegesis and principles of jurisprudence rely on to the- general words of the verse drawcommani1s and rulings. Accordingly, this verse guides us to contact the people specialised in investigation and act according to their deduction. This is taqleed. Imam 'Razi (ra) has written about this'verse.

So to draw conclusions is evidence, and qiyas (analogical deduction) is the same thing or part of it, and is proof, too. Given that, this verse is evidence of some matters.

(Tafseer Kabeer, v3 p272)

Some of the new issues that grow are not understood by the text, but one has to draw conclusion to find out their meaning.

(TahreekAzadi-e-Fikr, Mawlana Muhammad isma'il, p31)

istinbat (to draw conclusion, to arrive at the truth) is proof. (Tafseer Kabeer, v3 p273)

It is obligatory for the masses to make taqleed of the scholars concerning issues and commands that they face."]

Some people have demurred that this verse was revealed concerning war and so is specific about such situations and cannot be applied to times of peace.2 However, we have stated already that reliance is placed on the text not on the background of specific situation. Imam Razi (ra) has answered this objection.

Allah's saying And when comes to them any tiding, whether of peace or of fear....very general. It
encompasses war situations and all legal questions too. War and ,peace are such that no chapter of Shari'ah excludes them. There is no word in the verse that might make it specific to war.3
Imam Abu Bakr Jassas Razi has given the same answer in much detail and rejected incidental doubts.l This is why the well-known scholar of Ahl-Hadith has. written while citing this verse in support of qiyas:

If we do not get from the verse guidance for the times of peace than how do we cite it for validity of qiyas. 2

1 Ahkam Qur'an, Jassas v2 p263. Chapter: 'Obedience to the Messenger
2 Tafseer Fath-ul Bayan, Nawab Siddiq Hasan Khan, v2 p33.

The Third Verse

{Why, then, should not of every section of them, a party go forth, that they may become learned in (the knowledge of) religion, and that they may warn their people when they return to them, that they may be aware.} (9:122)

This verse confirms that all members of Muslims must not occupy themselves in works like Jihad and so on. Rather there should be a party of them who occupy themselves day and night to acquire perfect understandIng of faith. They may thus teach the commands of Shari'ah to those who cannot find time to acquire knowledge.This verse binds the section devoting itself to learning to acquaint other people to the laws of Shari'ah. And, it binds these other people to conduct themselves on the teachings imparted to them by the learned section and thus keep themselves away from disobedience to Allah. This is taqleed. Imam Jassas (ra) has said:

In this verse, Allah has made it obligatory for the masses that when the ulama acqaint them (with commands of Shari'ah) then they must preserve themselves (from disobedience to Allah) and obey the ulama.1
1 Ahkam ul Qur'an, Jassas, v2 p262 e Ruhul Ma'ani v 14 P 148

The Fourth Verse

{SO, ask the people (having the knowledge) of the Message, if you do not know.} (16:43)(21 :7)

This verse outlines the principle of guidance that those people who are not experts in knowledge and sciences may ask the specialists in this field and act accordingly. This is known as taqleed. Allamah Aalusi (ra) wrote:

This verse is cited to prove that it is wajib to refer to the ulama for such th ings in wh ich one lacks knowledge. Allamah Jalaluddin Suyuti (ra) wrote in lkleel that it is deduced from this verse that taqleed is allowed to the common men for branch issues.( Ruhul Ma'ani v 14 P 148)

Some people argue that this verse is specific to a particular situation. The idolators of Makkah used to ask why an angel was not sent to them as a Messenger. In answer, this particular verse was revealed and all its words are:
And We sent not (Messengers) before you (0 Prophet) but men to whom We sent revelation - ask the people (having the knowledge) of the Message, if you do not know.(I 6:43)
Some exegetes say that the words Ahl uz-Zikr (people­having the knowledge - of the message) are the scholars of the People of the Book, but some others hold that they are those of them who became Muslims in the Prophet's (saw) times. Yet others contend that they are the people of
the Qur'an, Muslims. The verse implies that everyone knows that all the past Prophets (as) were mortal and none of them was an angel. So - those who disavow taqleed argue - that the context of the verse does not embrace the subject of taqleed and ijtihad.
Our answer is that from the point of view of the text the verse is evidence of taqleed. We may take whatever meanig of ahl uz-Zir (people havig knowledge of the message), but we are instructed to turn to them because of our personal lack of knowledge. This can be correct only when we concede that 'every unaware should refer to the aware.' It is to this principle that the verse guides us and it is on this basis that we know that taqleed is valid. We have made it clear earlier that:

(Reliance is placed on the general words of the verse, not on the specific condition for which it is relvealed.)
Therefore, we deduce from the verse the principle that those people who lack knowledge must refer to the knowledgeable.

This is taqleed. Khateeb Baghdadi (ra ) wrote:

As for the question who may make taqleed, it is the masses who do not know the methods of Shari'ah commands. It is allowed to them to make taqleed of a scholar and conduct themselves on this directions because Allah says (Ask the people of the message).l
He has then reported on his chain of transmission that Amr ibn Qays (ra ) said that Ahl uz-Zikr the foregoing verse means people of knowledge (scholars).

1 Al-Faqeeh wal Mutataqqih, Khateeb Baghdadi, v2 p68. Dar-ul-Ifta, Riyadh.

Mufti Taqi Usmani

posted by ahmadtrini on 13th March 2009 - 0 comments


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