Post by DarulTahqiq on Apr 3, 2015 15:34:38 GMT
The following is a crucial and highly welcomed Fatwa passed in the Holy city of Makka al-Mukarrama in 1987 on the validity of following (taqlid) one of the Four Sunni Madhhabs (Hanafi, Maliki, Shafi’i and Hanbali) with regards to Islamic rulings, as well as a warning to those who try to detract the common folk from this type of taqlid, and attack it in an odious way. It also warned against those who go to excesses in attempting to fanatically promote an anti-Taqlid stance and presumptuously attempt to re-interpret the Shar’ia especially when they have not reached any level of valid and recognised Ijtihad.
It is an essential Fatwa to show that not only is taqlid allowed and valid, but that also following false beliefs is harmful to Islam. It is also pertinent that the Fatwa mentioned that the main cause of the fitna (mischief) of abandoning the taqlid of the valid Schools of Sunni law has been coming from the hands of young Muslims who lack the tools to really understand in a painstaking way why difference of opinion (ikhtilaf) in jurisprudential rulings (fiqh) occurred, and why they are permitted if the foundational principles (Usul) are valid in the first instance. Valid usul has been noted in the Four Sunni Madhhabs and all of them recognise each other as valid interpretations of Islamic law while the diametric opposite has been witnessed in those who are outside these Four Sunni Madhhabs, especially so if the detractors are not recognised as high ranking jurisprudents (fuqaha) of the genre known as Mujtahids. The Mujtahid being the one who has been recognised by other elite scholars to have the skill sets, high level of intellectual knowledge, proficiency of the sources of Islamic law and taqwa (fear of Allah) to extract independent legal rulings (Ijtihad). The sources of Sunni Islamic law are the Holy Qur’an, Sunna (Prophetic practice), Ijma (agreement of the Sahaba or Mujtahid scholars in a specific age) and Qiyas (analogical reasoning).
What is pertinent and noteworthy is that this Fatwa was endorsed by some of those who are looked upto by various groups of those who are generally anti Sunni Madhhabs. Such names include the late Saudi Grand Mufti, Abdal Aziz ibn Baz (d. 1999), the late Bakr Abu Zayd and currently alive Salih al-Fawzan. All three named are said to be Hanbali in fiqh though their personal aqida is another matter as they are looked upto as being representatives of the so called Salafi way of this age by certain strains of Salafism. Some of the other signatories are from other parts of the Muslim world, and a number of them are also well known scholars who have now passed away.
The footnotes have been added by the compiler of these lines, in order to clarify what the veritable scholars of the past have said with regards to the obligation of taqlid for all non-Mujtahids, the Ijma (consensus) recorded on the taqlid of only one of the four Sunni Madhhabs; who are the real followers of the Saved sect known as Ahlus Sunna wal-Jama’ah in this age and the past by means of scholarly quotations from elite authorities.
The following Qur’anic verse is one of the evidences used by the great Scholars of the past to establish Ijma (consensus) as a source of Islamic law.
Allah subhana wa ta’ala said in Sura an-Nisa (4:115):
4:115
Translation:
“And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination.”
As for the obligation of taking from the pious and rightly guided scholars of this Umma then the following verse from Sura an-Nisa (4:59) is a witness to this as they are the ones who are recognised as being those in authority (Ulul Amr) amongst the Muslims besides a true Islamic ruler:
4:59
Translation:
“O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.”
Download link: RESOLUTION OF THE ASSEMBLY OF THE FIQH ACADEMY IN ITS TENTH SESSION
Text edition can be viewed in full - HERE
It is an essential Fatwa to show that not only is taqlid allowed and valid, but that also following false beliefs is harmful to Islam. It is also pertinent that the Fatwa mentioned that the main cause of the fitna (mischief) of abandoning the taqlid of the valid Schools of Sunni law has been coming from the hands of young Muslims who lack the tools to really understand in a painstaking way why difference of opinion (ikhtilaf) in jurisprudential rulings (fiqh) occurred, and why they are permitted if the foundational principles (Usul) are valid in the first instance. Valid usul has been noted in the Four Sunni Madhhabs and all of them recognise each other as valid interpretations of Islamic law while the diametric opposite has been witnessed in those who are outside these Four Sunni Madhhabs, especially so if the detractors are not recognised as high ranking jurisprudents (fuqaha) of the genre known as Mujtahids. The Mujtahid being the one who has been recognised by other elite scholars to have the skill sets, high level of intellectual knowledge, proficiency of the sources of Islamic law and taqwa (fear of Allah) to extract independent legal rulings (Ijtihad). The sources of Sunni Islamic law are the Holy Qur’an, Sunna (Prophetic practice), Ijma (agreement of the Sahaba or Mujtahid scholars in a specific age) and Qiyas (analogical reasoning).
What is pertinent and noteworthy is that this Fatwa was endorsed by some of those who are looked upto by various groups of those who are generally anti Sunni Madhhabs. Such names include the late Saudi Grand Mufti, Abdal Aziz ibn Baz (d. 1999), the late Bakr Abu Zayd and currently alive Salih al-Fawzan. All three named are said to be Hanbali in fiqh though their personal aqida is another matter as they are looked upto as being representatives of the so called Salafi way of this age by certain strains of Salafism. Some of the other signatories are from other parts of the Muslim world, and a number of them are also well known scholars who have now passed away.
The footnotes have been added by the compiler of these lines, in order to clarify what the veritable scholars of the past have said with regards to the obligation of taqlid for all non-Mujtahids, the Ijma (consensus) recorded on the taqlid of only one of the four Sunni Madhhabs; who are the real followers of the Saved sect known as Ahlus Sunna wal-Jama’ah in this age and the past by means of scholarly quotations from elite authorities.
The following Qur’anic verse is one of the evidences used by the great Scholars of the past to establish Ijma (consensus) as a source of Islamic law.
Allah subhana wa ta’ala said in Sura an-Nisa (4:115):
4:115
Translation:
“And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination.”
As for the obligation of taking from the pious and rightly guided scholars of this Umma then the following verse from Sura an-Nisa (4:59) is a witness to this as they are the ones who are recognised as being those in authority (Ulul Amr) amongst the Muslims besides a true Islamic ruler:
4:59
Translation:
“O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.”
Download link: RESOLUTION OF THE ASSEMBLY OF THE FIQH ACADEMY IN ITS TENTH SESSION
Text edition can be viewed in full - HERE