Article on Taqleed
4. In what Matters is Taqleed Made?
As stated in the previous section, there are two kinds of injunctions in the Qur’an and Sunnah. One is that which is clear cut without any ambiguity and the other is where it is not clear and there is room for interpretation.
That which is clear and understood by any layman, no taqleed is made. Taqleed is only made when there is room for interpretation or there are contrary evidences or when a text is quite brief such that it becomes hard to derive a ruling.
In “Kulasatat Tahqeeq fi Hukm ut-Taqleed wat-Talfeeq”, Abdul Ghani Nablusi رحمۃ اللہ علیہ states:
“Thus, the affairs on which there is an agreement and are known as essentials of religion, do not call for taqleed of any one of the four imams, like the obligation of salah, fasting, zakah, hajj and others of similar nature, and the prohibition of illegal sex, wine, slaying, theft and usurpation etc. However, affairs that are debatable call for taqleed.”
In “Al-Taqih Wal-Mutafaqah”, Khateeb Baghdadi writes:
“There are two kinds of legal commands:
i) Those that are known to be essential part of religion, like five times salah, zakah, fasting during Ramadhan, Hajj, unlawful nature of adultery, consumption of wine and other such things. Since everyone has knowledge of these things, so taqleed is not proper in this kind.
ii) Those that cannot be known without concentration and deduction, like the branch issues of worship, mutual dealings and marriage. In this kind, taqleed is proper because Allah سبحانه و تعالى has said:
'So ask the people (having knowledge) of the Message, if you don’t know' (16:43)
Besides, if we disallow taqleed in these branch issues of religion then it would require everyone to pursue the sciences of religion. If that is made necessary for the people then all the necessities of life will be ruined. Fields and cattle will be ignored. So, such a command cannot be given.”
As stated in the previous section, there are two kinds of injunctions in the Qur’an and Sunnah. One is that which is clear cut without any ambiguity and the other is where it is not clear and there is room for interpretation.
That which is clear and understood by any layman, no taqleed is made. Taqleed is only made when there is room for interpretation or there are contrary evidences or when a text is quite brief such that it becomes hard to derive a ruling.
In “Kulasatat Tahqeeq fi Hukm ut-Taqleed wat-Talfeeq”, Abdul Ghani Nablusi رحمۃ اللہ علیہ states:
“Thus, the affairs on which there is an agreement and are known as essentials of religion, do not call for taqleed of any one of the four imams, like the obligation of salah, fasting, zakah, hajj and others of similar nature, and the prohibition of illegal sex, wine, slaying, theft and usurpation etc. However, affairs that are debatable call for taqleed.”
In “Al-Taqih Wal-Mutafaqah”, Khateeb Baghdadi writes:
“There are two kinds of legal commands:
i) Those that are known to be essential part of religion, like five times salah, zakah, fasting during Ramadhan, Hajj, unlawful nature of adultery, consumption of wine and other such things. Since everyone has knowledge of these things, so taqleed is not proper in this kind.
ii) Those that cannot be known without concentration and deduction, like the branch issues of worship, mutual dealings and marriage. In this kind, taqleed is proper because Allah سبحانه و تعالى has said:
'So ask the people (having knowledge) of the Message, if you don’t know' (16:43)
Besides, if we disallow taqleed in these branch issues of religion then it would require everyone to pursue the sciences of religion. If that is made necessary for the people then all the necessities of life will be ruined. Fields and cattle will be ignored. So, such a command cannot be given.”
