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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

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (2:228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

Is Aqeeqah due on the miscarried embryo?

No Aqeeqah is due on the dead embryo.

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
 
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah Says (What means): "Wed not idolatresses till they believe…" [Al-Baqarah/ 221]. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah The Almighty Knows Best.
 

Is it permissible for my brother, whom I had suckled, to conclude a marriage contract between his daughter and my son?

Such marriage is impermissible since one`s nephew in this situation is considered an uncle to one`s daughter; consequently, he is the brother of her father by suckling. In such cases, the people in question should go to court to prove the suckling.

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