Articles

Ijtihad & Taqlid
Author : Dr. Hassan Abu_Arqoub
Date Added : 27-01-2020

Ijtihad & Taqlid

 

 

Ijtihad and Taqlid represent a controversial issue for students of Sharia. This article will provide answers for the following questions: Who is a Mujtahid? What are the requirements of a Mujtahid? What are the levels of Mujtahids? Who is a Muqalid? Whom does a Muqalid follow? Is a Muqalid obligated to follow a particular Madhab? Is a Muqalid allowed to follow other Madhabs?

First: Ijtihad

Definition of Ijtihad:

Ijtihad refers to the effort and critical thinking necessary to arrive at a properly formulated legal conclusion.

Some rulings of Ijtihad:

Ijtihad is considered a religious duty for those qualified to perform it.

Ruling when there is no practitioner of Ijtihad in a certain era:

From mental and religious perspectives, a practitioner of Ijtihad could be lacking in a certain era; be he a Mujtahid Mutlaq "Absolute Mujtahid" or not.

Ruling when Ijtihad is performed on particular aspects of Islamic Jurisprudence:

Practicing Ijtihad on certain aspects of Islamic Jurisprudence is permissible because some Mujtahids are qualified in certain areas of jurisprudence.

Ruling when a Mujtahid delivers the correct ruling or makes a mistake:

When a Mujtahid utilizes his skill of judgment and comes to a right decision, he will have a double reward, but when he uses his judgement and commits a mistake, he will have a single reward.

Ruling on nullifying someone`s Ijtihad:

It isn`t permissible to nullify someone`s Ijtihad unless it contradicts a text from the Quran or Sunna, Ijma` or Qiyas.

Second: Taqlid

Definition of Taqlid:

Taqlid is to follow the opinion of a scholar without knowing the evidence on which it is based.

Some rulings of Taqlid:

It is incumbent on the non-practitioner of Ijtihad, whether he might be an ordinary person or a scholar who didn`t reach the level of Mujtahid Mutlaq, to follow a Mujtahid, because Allah The Almighty Says (What means): "ask the people of knowledge if you don`t know" [An-Nahil/43]. However, it isn`t permissible for the Mujtahid who has met the requirements of Ijtihad to follow the opinion of another scholar.

Ruling on following another Madhab (School of thought):

It isn`t incumbent on the one who hasn`t reached the level of Mujtahid  to follow a particular Madhab; rather, he may seek Fatwa from different Madhabs.

Ruling on following other than the four Madhabs:

Some scholars permitted following, on the individual level, opinions of scholars from other than the four Madhabs, but not for Fatwas and the justice system, provided that the opinions are well authenticated.

Some scholars banned following the opinions of other than the four Madhabs, because they weren`t documented, their conditions and restrictions are unknown and they didn`t reach us through many ensured lines of transmission.

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

Is it permissible for a person who broke fasting in Ramadhaan because of being sick to pay a ransom?

If there is hope for him/her to be cured, then he would be required to make up for the missed fasting days when he/she recovers, and no ransom is due on him/her. If his/her disease is incurable, then he/she would be required to pay a ransom for each missed fasting day, which is (600) grams of wheat, or rice.

What is the ruling on taking part in an online contest to win a prize of 100,000 dollars in return for answering thirty questions in different fields of knowledge and science? This is knowing that there is no drawing of lots; only one or two cards are purchased to commence the contest.

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
This is a form of gambling, which is impermissible to participate in, because the people in charge of this online contest increase the value of the calls to compensate for the value of the prizes. And Allah The Almighty Knows Best.

I am a disabled woman who has vaginal discharges and can`t control her urine. Therefore, I combine prayers. Is that permissible?

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all his family and companions.

According to the Hanbali doctrine, it is permissible for the sick to combine prayers. In your case (Asker), it is better that you delay the noon prayer until a few minutes before the afternoon prayer in order to minimize the time span between the two and perform each alone. In addition, you can do the same with sunset and evening prayers. Finally, we ask Allah to bless you with recovery. And Allah Knows Best.

What is the ruling on combining prayers at the Musala (Place for prayer) of a shopping center because of heavy rain, knowing that some people come from outside that center?

Praise be to Allah, the Lord of the Worlds.

If there is hardship in going back to that Musala at the time of Asr or Isha` prayers, then it is permissible to combine prayers in twos only (Duhr with Asr and Maghrib with Isha`). Kindly consider calling us. And Allah Knows Best.