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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

Should the father command his ten-year-old daughter to wear the Islamic dress?

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 of his family and companions.

The father should order his daughter to put on the Islamic dress once she turns ten, in order for her to get used to it. And Allah Knows Best.

Is it permissible for a man to propose to a woman during her `Iddah (waiting period)?

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 of his family and companions.

It is impermissible to propose to a woman in her `Iddah, but there is no harm in making an implication to such an end in case she was observing it due to the death of her husband. And Allah Knows Best.

Is it permissible to have sexual intercourse with pregnant wife? 

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
There is no sin in having sex with one`s pregnant wife as long as there is no medical condition preventing her from that. And Allah The Almighty Knows Best.

Is the woman who do breastfeeding permitted to break the fast during Ramadan?

It is permissible for pregnant and breastfeeding women to break their fast during Ramadan if they fear harm to themselves or their child. However, they must make up for the missed fasts. If the fast is broken out of concern for the fetus or the baby, expiation (Fidya) is also required along with making up the missed fasts. The expiation involves feeding one needy person with an amount equivalent to a Mudd of food (approximately 600 grams of wheat or rice) for each day of missed fasts. If the fast is broken out of concern for the woman's own health, only making up missed fasts is obligatory. And Allah Knows Best.