The Taqleed of an absolute Mujtahid

An absolute Mujtahid is a scholar who fulfills all the necessary requirements of Ijtihad.
He is able lo formulate principles of derivation and extraction from the Quran and
Sunnah, and deduce and formulate Islamic laws from the primary sources. Imam Abu
Hanifa, Imam Malik, Imam Shaf'iee and Imam Ahmed ibn Hanbal are examples of such
scholars. However, as much as these scholars are absolute in their Ijtihad, they too are not
immune to following [making a degree of Taqleed). These scholars would resort to
following a Companion or a follower of a Companion in issues where the Qur'an and Sunnah were silent.

They would give preference to their opinions over their own
analogies and Ijtihad. The following are some examples from the first generation of
Muslim scholars.

Omar RA sent a letter to Qadi (judge) Shuraih which formed the basis of this
practice. Imam Sha'bi said:
"Shuraih reported that Omar wrote to him and said: "If you are in a dispute or in a
case where a rule from the Quran is evident, then judge accordingly. If there is nothing in
the Qur'an, then look into the Sunnah of the Messenger of Allah and judge accordingly.
If there is nothing in the Sunnah, then see what people (scholars) have agreed upon and
judge accordingly. And if there is nothing in the above-mentioned sources, then you have
a choice. You may either exert or exercise your own opinion and enforce it, or you may
reserve judgement. I believe that reserving your opinion can be nothing except good for
you." [118]

We should observe that Shuraih was an absolute Mujtahid. Omar RA advised him
to exercise Ijtihad only if he did not find another's opinion. Abdullah ibn Mas'ood RA also
made a similar statement as mentioned earlier under the discussion concerning absolute
Taqleed. Darami has narrated in his Sunnan that Ibn Abbas RA would answer from the
Qur'an when he was asked about an issue. If he did not find it in the Qur'an, he would
answer from the Prophet sallalahu alaihi wa sallam . If he did not find an answer there either,
he would answer from Abu Bakr and Omar. If there were no answer there, he would then
resort to his own opinion. [119] Here again we see that Ibn Abbas RA who was a competent
Mujtahid himself only resorted to his own opinion if he did not find a solution from Abu
Bakr and Omar. Sha'bi said that a person came to him and asked him a question. He
(Sha'bi) said that Ibn Mas'ood RA made the following comment on the same issue. The
person insisted that Sha'bi gives him his opinion. Sha'bi exclaimed:
"Look at this man! I informed him of what Ibn Mas'ood said and he is asking me for my
own opinion. My faith is much dearer to me than that [I should honour his request]." [120]

Here, Imam Sha'bi (who was one of Imam Abu Hanifa's teachers) preferred to rely
on the opinion of Ibn Mas'ood RA. Imam Bukhari has narrated (with a suspended chain)
Mujahid's statement regarding the commentary of the verse:
"And make us leaders for those who are God-conscious, make us Imams
(leaders) who follow those who came before us and allow those who come after us to
follow us".

Hafiz Ibn Hajar said that Mujahid's statement has been narrated with a sound
chain by Ibn Jarir and Faryabi. Ibn Hajar went on to collaborate this statement with
similar quotations from several other commentaries. He concluded with Suddi's quote
from Ibn Abu Hatim:
"The purpose is not to become Imam (in salaat). These scholars are supplicating:
O Allah! Make us leaders in matters which are halal and haram so others can follow
accordingly." [121]

Ibn Abu Hatim has also narrated from Ja'far ibn Muhammed:
"The meaning is: O Allah! Give me acceptance among people such that if I say
something, they approve of it and accept it from me." [122]

Mujahid, who was an absolute Mujtahid, realised the importance of following his
predecessors, a principle which unfortunately seems to be much maligned in the present
era.

Notes:
118 Suanan of Darami: vol 1, page 55, printed by Madinah Matbu'ah, 1386
119 Ibid
120 Ibid vol. 1 page 45
121 Translator's note: In other words: O Allah! Make us so God-fearing: that we enjoy what is halal and
abstain from what is haram and then allow others to follow us.
122 Fathul Bari: vol. 13 page 210