Fatwa vs Taqwa

Query 1 (The Taqleed of the lay person):

In the context of Taqleed a "lay person" is defined as one who knows little regarding the Arabic language, and about Islam in general even though they may be intelligent in other fields of knowledge. Proficiency to read Arabic titles concerning the Qur'an and Sunnah but devoid of any formal Islamic studies with a qualified instructor would also place a person within the ambit of laity. In addition, students who have taken formal courses in Islamic sciences but have failed to develop acumen would also fall within this classification. The above mentioned are under an obligation to practice Taqleed. They must follow a specific Imam and Mujtahid because they simply do not have the ability to refer to the Qur'an and Sunnah directly nor can they differentiate between what is apparently contradictory and give scholarly preference to one opinion over the other. Shaykh Khatib of Baghdad wrote:

"As for those who should apply Taqleed it is the lay person who does not know the methods of extracting Islamic rules. It is permissible for such a person to follow one specific Imam and act upon his Fatwas. This is so because he does not possess the tools for Ijtihad so his duty is to follow, just as a blind person must follow someone who is able to see for determining the direction of the Qiblah."

The Muqallid (follower) on this level cannot get caught up in discussions of proofs to see which Imam's view is stronger. His duty is merely to appoint one Mujtahid and follow his opinions in all matters. This is because he is not academically capable of making judgments of that kind. So much so that even if this person finds a Hadith which apparently contradicts the opinion of his appointed Imam, he should not resort to following the Hadith, but rather adhere to his Imam's opinion. He should assume that he has not understood the meaning or context of the Hadith appropriately or he should have no doubt that his Imam has a stronger proof than the Hadith in question, which he may not be aware of.

Query 2 (How does a lay person recognise a Mujtahid)?

The essence of Taqleed is that a person who doesn't have the capability to reach a decision based on the Qur'an and Sunnah should adhere to an expert scholar and rely upon his judgement. A question may arise from this explanation. That is, if the person following has no academic merit, how is he to determine the expertise of the scholar whom he is asking and following?"

In response to this question, we will suffice with an excerpt from Imam Ghazali:

"If it is asked, a lay person may base his choice on assumptions and hence, he may be deceived by appearances. This may lead him to give preference to a lesser Imam over one who is more suited. So if he is allowed to exercise his judgement (in choosing an Imam) and acts upon his assumptions, why can't he then act upon his assumptions in the issue under discussion? Understanding the various degrees of scholarship is very intricate and a lay person cannot be the best judge for that. This question is valid. Our answer is that if a non-physician, whose child has become sick,decides to administer medicine as he sees fit will be held responsible and will be guilty of transgression. If he consults a physician, he will not be responsible and will not be transgressing. If there are two physicians in town and they differ over the prescription, then if the father of the son decides to take the prescription of the lesser over that of the better physician, he will be held accountable. He (the father) would know of the better physician by merely listening to the opinions formed by patients, by the lesser physician's referral to the better physician and by overwhelming signs which will convince him (the father) that this physician is better than the other. The same is the case for choosing the best scholar from several. There is no need to look into the issue itself (just as it is not necessary to look into the prescription or medicine). This much, the lay person is quite capable of doing and determining. It is not proper to go against the overwhelming assumption merely because of likes and dislikes. This is the most correct opinion in our view and the most suitable for regulating people in God-consciousness (Taqwa) and accountability."

Answers to third objecion on my stance from Qur'aan and Imam Khateeb Baghdadi (RA):

Query 3 (Alim needs to be pious, person of Taqwa and practising):

First and foremost shameful (Anti-Sunnah), vulgar acts are forbidden upon every Muslim (let alone a Scholar) as Allah (SWT) has clearly stated it to acts of Shaytaan.

لۡ إِنَّمَا حَرَّمَ رَبِّىَ ٱلۡفَوَٲحِشَ مَا ظَهَرَ مِنۡہَا وَمَا بَطَنَ وَٱلۡإِثۡمَ وَٱلۡبَغۡىَ بِغَيۡرِ ٱلۡحَقِّ وَأَن تُشۡرِكُواْ بِٱللَّهِ مَا لَمۡ يُنَزِّلۡ بِهِۦ سُلۡطَـٰنً۬ا وَأَن تَقُولُواْ عَلَى ٱللَّهِ مَا لَا تَعۡلَمُونَ

[7:33] Say, .My Lord has prohibited only the shameful acts, whether open or secret, and (every) sinful act, and unjust aggression, and that you associate with Allah anything for which He has not sent any authority, and that you attribute to Allah any thing about which you do not have sure knowledge.

إِنَّمَا يَأۡمُرُكُم بِٱلسُّوٓءِ وَٱلۡفَحۡشَآءِ وَأَن تَقُولُواْ عَلَى ٱللَّهِ مَا لَا تَعۡلَمُونَ

[2:169] He orders you only to (do) evil and immodest acts, and that you ascribe to Allah what you do not know.

Imam Abu Abdullah Al-Hanbali (RA) states that a Mufti must refrain from lies, Haram, Makrooh etc and must be a person of Adalah:

والعدل من استمر على فعل الواجب والمندوب والصدق وترك الحرام والمكروه والكذب ، مع حفظ مروءته ومجانبة الريب والتهم . . .

Imam Khateeb Baghdadi (RA) said that Fatwa of a Faasiq cannot be accepted no matter how knowledgeable he is!

وأجمع العلماء على أن الفاسق لا تقبل منه الفتوى ، ولو كان من أهل العلم . كما صرح بذلك الخطيب البغدادي

Answers to fourth objecion on my stance from Hadeeth:

Query 4 (Alim who is pious, person of Taqwa and practising makes a mistake):

So once you have selected a "Muft" then what happens if he makes a mistake? This is well known Hadeeth

عَنْ عَمْرِو بْنِ الْعَاصِ أَنَّهُ سَمِعَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ ثُمَّ أَصَابَ فَلَهُ أَجْرَانِ وَإِذَا حَكَمَ فَاجْتَهَدَ ثُمَّ أَخْطَأَ فَلَهُ أَجْرٌ

Sayyidina Amr ibn Al-Aas (RA) reported: The Messenger of Allah (Sallallaho Alaihe Wassallam) said, “If a judge makes a ruling, striving to apply his reasoning (ijtihad) and he is correct, then he will have two rewards. If a judge makes a ruling, striving to apply his reasoning and he is mistaken, then he will have one reward.” [Bukhari]

Answers to fifth objecion on my stance:

Query 5 (Alim who is be pious, person of Taqwa and practising makes a mistake):

What I am saying here is that there are 2 categories of people here:

1. Category ONE are those are clearly aware of the error of the Fatwa and in that case they (obviously) cannot act on that Fatwa
2. Category TWO are those are clearly not aware of the error of the Fatwa and in that case they (obviously) cannot be held accountable on the day of judgement because they are "Muqallids" UNLESS they become not only aware but also understand the issue etc.

Primary disagreements with my Brothers:

Secondary disagreements with my Brothers:

1. There is no condition of someone being a "Khaleefa" to be able to issue Fatwaas (on Fiqh)
2. There is no condition of someone having loads of Mureeds to be able to issue Fatwaas (on Fiqh)
3. There is no condition of someone having loads of students to be able to issue Fatwaas (on Fiqh)

The proof is the following speech of Shaykh (Mufti) Taqi Usmani (HA) on Shaykh (Maulana) Abdul-Hasan Ali Nadwi (RA) from minutes 35 onwards where it is clearly stated that Shaykh (Maulana) Abdul-Hasan Ali Nadwi (RA) approached Shaykh (Mufti) Taqi Usmani (HA) or other Muftees in his lifetime for Fatwaas. Two further and quick examples:

• Shaykh Imdadullah Muhajir Makki (RA) NEVER gave Fatwaas in his life so that discounts being a "Khaleefa" or "Shaykh of Tassawuff"
• Imam Muslim (RA) didn't give Fatwaas so that discounts "BIG SCHOLARS" with loads of students etc

There are Masha'Allah Ulamah who are Khulafah (Mashaykh of Tassawuff) and also Faqih (i.e. Mufti) and Shaykh (Mufti) Taqi Usmani (HA) is a fine example of that.

Always open for discussions with my Brothers and accepting my errors; requesting your duas.

Hazrat,

You are better then me in Taqwa, knowledge, behavior and experience and I am inferior to you. Any issues please contact me anywhere, anytime to clear as disagreements are permissable but if it is affecting your heart and your emotions; its not good.