OBJECTIONS AGAINST TAQLEED AND ANSWERS THEREFOR

CHAPTER FIVE
OBJECTIONS AGAINST TAQLEED AND
ANSWERS THEREFOR
The opponents of the problem of Taqleed raise objections in this behalf which can be classified in two categories. The first kind of objections consist of nothing but taunts and ridicule without any substance or logic behind it. Obviously they need better be ignored or bypassed without any serious consideration as to the nature of the objection and the quality of frivolity contained therein!. However, the second kind off objections are those which are used to deceive the muqallids through made-up or supurious arguments raised by the ghair-muqallids aimed at hoodwinking the simple minded muqallids; the irony is that often such attempts are successful and the poor muqallids are left in the middle of the read without knowing where and how to go. These so called objections are given below in the question-answer form.
QUESTION (1) : If Taqleed was essential, then why the Companions were not the muqallids of any personality?
ANSWER : The Companions were not in need of Taqleed as they were blessed with the presence of the Holy Prophet (peace be upon him) in their midst and the knowledge and the paractical guidence received made them the teacher and guide for the people of later years.
The Companions are the Imams and leaders of the people of the succeeding generations. The great Imam Hazrat Abu Hanifah and others follow the Companios as guides. In the Mishkat, chapter Al Sahabah it is said:
اصحابی کالنجوم بایھم اقتدیتم اھتدیتم علیکم بسنتی وسنہ الخلفاء الراشدین
(My Companions are like the stars if you folow them you will be successful. Then hold fast to my Sunnat and those of the great Caliphs (Khulafa -e- Rashiideen).
The Holy Prophet (peace be upon him) is the Prophet of Allah and the supreme most guide for the entire Ummat for all time and space. To be the Ummati is the tradition (Sunnat) of the Holy Prophet (peace be upon him). The Companions are the Imams of the Ummat as they are in the first row of the Sunnat and the followers of the Holy Prophet (peace be upon him). The Fountain-head of all guidance is the Holy Personality of Hazrat Muhammad Mustafa- Sallal Laho Alaihe wa Sallam and the great Imams coming after him are the true recipients of guidance from the Holy Prophet and their Taqleed (Following) is obligatory for the Ummah, in spite of the difference of the sects, the great Imams are the heads.
QUESTION (2) : For the guidance the Quran and the Hadis are sufficient as in the words of the holy Quran.
ولا رطب ولا یابس الا فی کتاب مبین ولقد یسرنا القران للذکر فھل من مدکر
(Para 7, Surah Inam 6, Verses 59)
(And there is nothing FRESH OR WITMERED (DRY) which is not recorded in the book, (The Holy Qur’an). And we have made the Qur’an easy and facile for learning and remembrance.
This means that the Qur’an contains every thing and also Quran is easy to learn and understand; then why is it necessary to approach Mujtahid?
ANSWER : No doubt the Holy Qur’an and the Ahadis are sufficient for us, as every thing is present in them. But it requires certain amount of knowledge and capability to extract problems and the answers to the problem, there are pearls in the botton of the seas and oecoans which only the divers (who are experts in their profession) can traee and bring the pearls from the ocean. The Imams are the divers of the ocean of the Deen. In case of an ailment the services of some expert physician is essential. The illiterate and semi literate quacks cannot prescribe correct madicine. @4 Likewise in matters of religion and the Deen the guidance of the Ulama and the Mujtahids are essential. Every individual cannot search and bring forth problem and their answers from the Quran and the Sunnah .
QUESTION (3) : The holy Qur’an condemns Taqleed as in the following verse:
اتخذوا احبارھم و رھبانھم اربابا من دون اللہ (Para 10 Surah Tauba 9, Verses 31)
(They have made their priests and religious leaders as their deities and gods other than Almighty Allah.
فان تنازعتم فی شیئی فردوہ الی اللہ ورسولہ وان ھذا صراطی مستقیما فاتبعوہ ولا تتبعوا السبل فتفرق بکم
If there arises any dispute between you, then refer it to Allah and his Apostle (for a decision). This is the right path of Mine, therefore you also adopt the same path and do not follow any other way that will lead you to other lines of misleading.
قالوا بل نتبع ما الفینا علیہ ابائنا
(Then they will say : we shall follow the same path on which we have found our ancestors.
From these and others like verses it is seen that to follow the path of others in contravention to those of Allah and his Apost is like following the path of the Kuffar (Unbelievers). The right path is only one. The paths shown by the Four Imams are the cooked ones!
ANSWER : The paths which the Holy Qur’an opposes, we have already discussed earlier ولا تتبعوا السبلare the paths adopted by the Jews and the Nasara (Christians) which in their mutilated practices are opposedte to the right path of Islam. The paths mentioned or practised by the Four Imams are not different and anti Islam directions. These are in a sense, four different ways or stations of one single railway line, or four Canals and rivers of the one ocean or sea. The four paths are the fundamentals of the four segments (maslak) of one single main track Tauhid differing nominally in modes of practice of one main Path of Islam or Tauhid. These are the practical parts of the religious doctrine. Such different modes of religious practices were also present among the Companions, because these were observed by the Holy Prophet (peace be upon him) on different occasions.
QUESTION (4) : The subject matter of this question is about presence of four sects (paths of Shariat mentioned above. The question or the objection is about the ‘four’ sects. Is there any special reason behind this?
ANSWER : The figure of ‘FOUR” seems to possess Divine Approval; for example Four books. Four Fundamental religions, the human structure is also said to be composed of four elements, These are in a sense the four gateways of the one single Destination Tauhid). Once extraneous structures are laid in the approach track, it is impossible to reach the desired goal which is a single and fundamental one. The Namaz within the precincts of the Khaana-e-kaba are offered in all (Four) directions but the Direction of all the people is towards the Holy Kaba.
As in the presence of the Qur’a, there is the need of Hadis, so there is the need of fiqah to get to the care of the Hadis as the Fiqah is the Tafsir of the Qur’an and the Hadis. Of the point of enquiry (command) which is not available in the Qur’an and hadis, the same will be distinctly available in the Fiqah.
QUESTION (5) : In the doctrine of Taqleed, there arises the need to make some one as the Hakam (Arabiter) for a decision. This amounts to by-passing Allah (Who is the Real Arbiter) which is Shirk. Is not the doctrine of Taqleed -e- Shahi (Personal following ) an act of shirk? The holy Qur’an states very elearly.
ان الحکم الا للہ(Para 12, Surah Yusuf 12, Verses 40)
(There is no command except that of Allah)
ANSWER : If making some one else other than Allah as Hakam or Arabiter, is shirk, then to follow the Hadis is also shirk! and all Mufassireen Muhaddissin will also be Mushriks (NOOZ BILLAH), because the great Muhaddiseen Tirmizi. Abu Dawoodd. Muslim and others were Muqallids and Hazrat Imam Bukhari, shall be regarded as the disciple of all the vast treasures of Hadis, which in other words amounts to demolishing the whole structure of Hadis or the Islam itself. This is unimaginable, rather, unbelievable. The need for appointing a Hakam (Arabiter) has been expressly enunciated by the holy Qur’an @5
وان خفتم شقاق بینھما فابعثوا حکما من اھلہ و حکما من اھلھا
(Para 5, Surah Nisa 4, Verses 35)
(If you find a (seemingly unsoluble) dispute between the husband and the wife, then appoint an arbiter from the side of the husband and another arbitr from the siade of the wife (and let them find the solution of the dispute.
In the Battle of Siffin,Hazrat Ali and Muaviya appointed a Hakam or Arbiter. the Holy Prophet (peace be upon him) himself made Hazrat Sa’ad bin Ma’aaz as the hakam in the dispute of Bani Quraiza. The meaning of the verse means that real command is that of Allah, to be interpretd and decided by the arbiter. No judge or arbiter can decide a case on his personal opinion, This also means that if appointing Hakam is shirk. then all the judgements down the ages will be the outcome of the persons who imposed themselves over the authority of Almighty Allah!
QUESTION (6) : The Presumption of the Mujtahid is but the guess-work by him in the matter under dispute. The Holy Qur’an forbids indulgence in premptions or self assumed guess work it is said:
یایھا الذین امنوا اجتنبوا کثیرا من الظن ان بعض الظن اثم ولا تجسسوا ولا یغتب بعضکم بعضا(Para 26, Surah 49, Verses 12)
‘O you who believe ! Avoid too much of (unfounded) presumpltionss or guessing as some guesses or presumptions become acts of sinning, and do not pry (with evil intentions) the affairs of others or try to find faults with them, and ‘refrain from backbiting.) To put in a sutshell, in all religious matters, reliance should be placed only Kitab and Sunnat (the holy Qur’an and the Ahadis).
ANSWER : The significance of the word Zan meaning (Qiyas) in the verse shall be explained later.
QUESTION (7) : The Ghair Muqallids say that Imam Abu Hanifa has said that any Hadis which is proved correct (sahih according to the principles part of his religion. We have found some of his statements not according to principles of hadis. Therefore we have give up the hadis, as he basis of his religion.
ANSWER : No doubt, the great Imam has said that if his saying comes to be seen in accordance with any hadis, then acting upon that Hadis will be acting on my religion. This is no exaggeration, rather it is the demonst ration of Taqwa on his part. (Taqwa stands extreme righteousness in respect of Belief or Eiman). the Qiyas or ‘presumption of the Mujtahid comes into play where clear Nass (confirmed Qur’anis verse) is not available But the question is that is there any one in the present day world who is more conversant, more authentic, more all-embracing grasp of the knowledge of the Hadis than that possessed by the great Imam Abu Hanifa. We are, as a matter of fact, much limited skill in comprehending the Hadis, that our eyes do not go beyond the six Confirmed Conpendium (Sihaa-e-Sittah). then on what authority can we challenge the authenticity that the so and so hadis has been incoreectly quoted or taken from so and so source by the Imam Sahib.
اذا بلغکم منی حدیث فاعرضوہ علی کتاب اللہ فان وافقہ فاقبلوہ و الا فردوہ
Otherwise it has been liddown in the Hadis of the holy Prophet that (If you happen to come across any Hadis then judge it in the light of the Book of Allah (holy Qur’an); if it is in accord with that, follow and act upon it, otherwise leave it.
If some self-styled expert in Hadis says that since some Hadis are not according to the Qur’an. We are not prepared to accept the concept of the Hadis itself, then there cannot be a man more condemnable than him who has dared to reject the institution of the Hadis on account of his limited and shallow and shabby knowledge. For example, according to the Qur’anic verse the patrimony (miras) of a deceased Musalman should be divided among his letigemate heirs, but according to a Hadis the left overs of a prophet are not to be divided as legacy. Both versions have their peculiar intentions and can not be hinter related in support of some self asumed content. The inference of this distorted notion must be condemned as forcefully as possible.
QUESTION (7) : Some of the crities of the Imam Sahib assert that he did not possess the (enough) knowledge of Hadis and as such there are less traditions attributed to him; and whatever are in the field, they are unreliable!
ANSWER : Imam Sahib is the Muhaddis of the highest grade, and the vast number of problems (masail) extracted or deduced by him confirm his exapanse of his knowledge in this behalf. The extent of his knowledge in this field can be assessed from a reference to his Masnad Imam Abu Hanifa and the book Muatta Imam Muhammad by Imam Muhammad. There are still less traditions in the name of Hazrat Abu Bakar Siddiq. Does this mean that Abu Bakr was not a Muhaddis? The less shortage in number of the traditions (riwayat) was due to extra caution in reporting Ahadis. Profuseness in such a reportage does not necessarily reflect the vastness and depth in field of knowledge, The traditions quoted by the Imam Sahib are most authentic and reliable as his time of life was nearer to the Holy Prophet (peace be upon him) and as time proceeded along, the traditions became weaker and mixed up with other less reliable ones. Therefore the weakness in respect of his quotations much later after him cannot be attributed to him.
QUESTION (8) : Some people say that all the four religious sects are on the right! How is this possible? Only one religions / is right and the four can not be right at one and the same time! They give the example of the recitation of Surah Fatiha in the Namaz. Imam Abu Hanifa says that to recite Surah Fatiha behind the Imam is Makruh-e-Tahrimi, while Imam Shafa’ee is of the view that it is Wajib! Both cannot be correct; either it is Makruh (undersirable) or wajib (obligatory). How can both the problems be true?
ANSWER : Here the word right (haq) does not stand for the exclusive truth in one point; here it means that a person can follow the precept of one Imam and his religion (sect) taking him to be right as the sect of his taqleed. It may be that the mujtahids has erred but such an error is pardonable because it is based on his honest thinking and belief. This may be explained by the examples of Hazrat Ali and Muaviyah in respect of battle of Siffin, and in another case in the battle of Jamal between Hazrat Ali and Hazrat Ayssha. Both had their points and view to be on the right and accountable for any deliberate misjugement. If a man offers prayer (namaz) in the jungle keeping his face in one direction as the Qibla. But he doubted his own thinking and repeated the prayer in the three remaining direction, again thinking that the Qibla will must be in one of these directions!. Here, according the jurists the namaz in all directions will be rewarded as the intention of the man was sincere and honest. He would have been equally reward worthy had he stuck to his first namaz, taking the direction of the Qiba as correct. In the case of Hazrat Dawood and Hazrat Sulaiman, the error of judgement on the part of Hazrat Dawood was pardoned by Almighty Allah by showing the right decision to Hazrat Sulaiman. none of them was taken for accountability; the Qur’an said for both that Allah had granted them Hukm (The quality of right judegment) and Ilm (knowledge in general).
In Mishkat, chapter Qaza (legal decision) it is said:
اذا حکم الحکم فاجتھد واصاب فلہ اجران واذا حکم فاجتھد فاخطا فلہ اجر واحد
When the judge gives the correct decision after due and honest deliberation (ijtehad), he is doubly rewarded (for ijtihad) and right decision. But when after ijtihad he commits error in judgement, he shall be rewarded for ijtihad (one act of goodness).
This also answers the objection inregard to the ‘rafa yadain’ (raising of hands upto the shoulders while going in and rising from the ruku) in the namaz; it is permissible for the followers of Imam Shafa’ee while the hanaffis regrain doing this as per the prectice and command of Hazrat Imam Abu Hanifa. Both the postures are vajib as these have the sanction of the Mujtahideen leaders of the respective sects. Same is the case with the legal procedure. If some on takes law in his hands and does anything on his own he will be guilty as he was not authorised by the court to do so. While the same process adopted by a court of law will be justified because it has the sanction of the law of the land. The judge will not be taken to task if he errs in giving the judgement. A glaring example of this view is that relating to acceptance of fidya (ransom) from the prisoners of the Battle of Bad’r by the Holy Prophet (peace be upon him) as an honest personal decision for the good of Islam and the prisoners. However the verse in this behalf did not approve the qiyas (presumption) of the holy Prophet (peace be upon him). The step taken in this case was later pardened and the action of the Holy Prophet (peace be upon him) was upheld by Almighty Allah. فکلوا مما غنمتم حلالا طیبا (Para 28, Surah Hashar 59, Verses 2) This confirms that there is no accountability on the error in ijtihad.
THE CULMINATION OF THE DEBATE ON ‘IJTIHAD’: There are four sources for deciding an issue from the Shariat point of view. (1) the Qur’an (2) Hadis (3) Ijmaa-e-Ummat (Consensus by the Ummat) and (4) Qiyas (presumption). About Ijma we have discussed at lenght as being based on the premises of the Qur’an and the Hadis, making it incumbent upon Musalmans to remain with the Ummat and any one deviating from the Ijma will be guilty as a sinner.
The meaning of Qiyas is to speculate, surmise or presume to decide an issue for its validity or otherwise. From the Shariat point of view, it stands for a process where the issue in question is examined with analogous issue in some other respect where the permissibilty was given and accepted as correct. For example if a problem crops up where clear verdict is not available in the Qur’an and the Hadis. For a decision in respect of the issue in question attempt shall be made to find out if there is any case of identical nature (not exactly of same details) in which the permissibility was sanctioned according to Holy Qur’an or hadis. if the natures of both cases are analogous or identical, then the same decision will be given in the case as was given in the other case. Some one asked us what is it to commit sodomy with a woman? our reply was that in the case of the woman being in menses, sodony with her is haram on account of its being a dirty and an unclean act. asked if father of a man commits adultry with a woman, is the woman permissible to him for marriage? we replied that if the father of a son marries woman, that woman is haram to the son; therefore this woman with whom the man commits adultry shall be haram to him.
This what is meant by Qiyas. But the condition is that the man doing qiyas must be a mujtahid; for a non-mujtahid the qiyas is not reiliable. qiyas in essence is the process to indicate the intent of the Shriat. It is not a sanction or a law by itself. It is valid only in respect o the case for which qiyas was made. It means the real source of authoeity is the Qur’an or the Hadis, but the qiyas makes it clear but it does not accord sanction the validity of qiyas is based upon the Qur’an the Hadis and the acts of the Sahaba (companions of the Holy prophet (peace be upon him). Qur’an says:
فاعتبروا یاولی الابصار
(Learn a moral lesson O you who have eyes)
The warning to the Musalmans is that if they dommit the same fault like that of the unbelievers (kuffar) they will be meted out with the same cosequence! Also the holy Qur’an compares the incidence of Qiyamat (Day of Judgement) as rising from the sleep, or the farm (cultivation) becoming verdant and flourishing after becoming dry and withered. This is also qiyas. In the Bukhari there is a chapter Kitabul E’tisaam with the lengthy title:
باب من شبہ اصلا معلوما باصل مبین قد بین اللہ حکمھا لیفھم بہ السائل
(To draw similarity between the known principle with the principal sanctioned by Allah so that the question may find the solution)
Under this chapter the incident of a woman is recited in which the Holy Prophet (peace be upon him) decided her case on the basis of qiyas. ‘Assumption)
ان امراۃ جائت الی النبی صلی اللہ علیہ وسلم فقالت ان امی نذرت ان تحج أفاحج عنھا قال نعم حجی عنھا ارائیت لوکان علی امک دین اکنت تقضیہ قالت نعم قال اقضوا الذی لہ فان اللہ احق بالقضاء
(A woman come to the Holy Prophet (peace be upon him) and said that her mother had made a Mannat to perform the Hajj. She asked if she could perform the Hajj on her behalf. The Holy Prophet (peace be upon him) permitted her. Then he asked her if there was any debt outstanding against her mother, would she repay it. Se said ‘yes hereupon the Holy Prophet (peace be upon him) asked her to clear the debt first, as Allah is more concerned with fulfilment of dues payable to him).
In the Mishkat, Kitabul Amarah. Tirmizi Vol. I and Darami it is said that when the Holy Prophet (peace be upon him) appointed Hazrat Ma’aaz bin Jabal as the governor of Yaman on what basis he would decide the case brought to him for decision, he said on the authority of the Book of Allah; asked if the answer is not found there? he said on the authority of His Holy Messenger’s Sunnat; asked further, if he did not find in that, Hazrat Ma’az said:
اجتھد برالی ولا الو قال فضرب رسول اللہ صلی اللہ علیہ وسلم علی صدرہ وقال الحمد للہ الذین وفق رسول رسول اللہ لما یرضی بہ رسول اللہ
(I shall hold my opinion on Ijtihad). The reporter says that on hearing the reply the Holy Prophet (peace be upon him) stroked the breast of Hazrat Ma’aaz (as an expression on joy of satisfaction and said: All Praise be to Almighty Allah Who gave to the message- bearer of his apostle the ability of this caliber which is pleasing to him (apostle of Allah).
It provides a clear and convincing justification in favour of the Qiyas. Since during the life time of the Holy Prophet the process of Ijma was out of question; it was for this reason that Hazrat Ma’aaz did not mention it. Likewise many Companions gave decisions based on their qiyas. Hazrat Ibne Mas’ood ordered payment of Meh’re Mis’l who was married to a man who died without giving Meh’r to his wife. This was also based on the Qiyas of Hazrat Ibne Mas’ood.
It is reported on the authority of Hazrat Abdullah ibne Mas’ood in the Nisa’ee Vol. Two Kitabul Qaza
فمن عرض لہ منکم قضاء بعد الیوم فلیقض بما فی کتاب اللہ فان جائہ امر لیس فی کتاب اللہ فلیقض بما قضے بہ نبیہ صلی اللہ علیہ وسلم فان جائہ امر لیس فی کتاب اللہ ولا قضے بہ نبیہ صلی اللہ علیہ وسلم فلیقض بما قضی بہ الصالحون فان جائہ امر لیس فی کتاب اللہ ولا قضے بہ نبیہ صلی اللہ علیہ وسلم ولا قضے بہ الصالحون فلیجتھد رایہ
(After this day, if a case comes for a decision, then the decision through the Qur’an; and if any case comes up answer to which is not found in the Holy Qur’an, then decide the matter, as the holy Prophet (peace be upon him) decided the like matter; if however such a thing comes up answer to which is found neither in the Qur’an nor the decision given by the Holy Prophet (peace be upon him) before, then the decision should be given as that given by righteous men. If still there comes where a decision is not found in any of these sources. Then the person before whom the case has come, should make use of his Qiyas by way of Ijtihad.
In the Nisaa’ee it is reported at this place :
قال ابو عبدالرحمن ھذا الحدیث جید جیدAbu Abdur Rehman says above this Hadis It is quite true quite true
At the same place in the Nisaa’ee on the authority of Qazi Sharee’h when he asked Hazrat Umar how he should decide the cases brought to him for decisions. Hazrat Umar replied
فکتب الیہ ان اقض بما فی کتاب اللہ فان لم یکن فی کتاب اللہ فبسنۃ رسول اللہ فان لم یکن فی کتاب اللہ ولا فی سنہ رسول اللہ صلی اللہ علیہ وسلم فاقض بما قصی بہ الصالحون فان لم یکن فے کتاب اللہ ولا فی سنہ رسول اللہ صلی اللہ علیہ وسلم ولم یقض بہ الصالحون فان شئت فتقدم وان شئت فتاخر ولا اری التاخر الا خیرا لک والسلام علیکم
(Hazrat Umar wrote to him to decide from the Quran, if aclue is not there then Sunnat-e-Rasul should be consulted. If Kitab-ul-Lah and the Sunnat-e-Rasul-ul-Lah do not provide the answer. then decide as the righteous have done (Ijmaa’e Ummat) in the past; but if even this is not available, then either go ahead if you so desire or take time as respite for thinking, I feel that in your case deferment or time for thinking is preferable.
@6 The above mentioned both these examples constitute strong proofs for making decisions through the Qur’an, Hadis, Ijmaa-e-Ummat and Qiyas which can neither be disputed or rejected through a taweel or any device. The main burden of objection to the process of Qiyas (Presumption) is based on the strength of the verse which forbids too much of presumption or even speculation some of which often lead to evils known as sin or crime or plain evils including suspicion the translated version of the said verse is : O you who believe shun too much of suspicion for suspicion some times becomes or leads to sin or crime. Here the major lapse on the part of objectors (ghair muqallids) seems that they do not see the difference between Qiyas and Zann. Qiyas as a matter of enquiry pertains to discover some good in a thing whie Zann, on the other hand is purely negative in approach and it carries some evil suggestion in its application. Qiyas cannot be equated with Zann. Viewed rom this point of view, the objection to the process of Qiyas falls as untenable.
The other objection against Qiyas is that it is confused with Najwa (whispering) which according to the verse is that it emanates from the Devil, or on the spur of the devil Whispering means speaking some secret, mostly conspiracy against an innocent person which is an outright sinor crime Theword in the Qur’nic verse refers to the mischievous behaviour of the Munafiqs (hypecrites) who often came to the Holy Prophet (peace be upon him). Therefore the attempt by the ghair muqallids to denounce Qiyas taking it as the samething as zann and Najwa (whispers) has no basis of truth.

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