Post by IbnNurAlShanti on Jan 28, 2016 3:15:33 GMT
The Beneficial Message in Affirmation of Taqleed
By Allamah Sarfraz Khan Safdar (rahimahullah)
Translated by Maulana Mohsaib Mohammad
Introduction
No Muslim denies that the purpose of the deen is to obey Allah, so much so that the Prophet ﷺ, through his sayings and actions etc. has given a physical form and explained the orders of Allah by telling us what is halal and haram. We only have to follow Allah and the Prophet and whosoever believes that anyone other than Allah’s orders and the Prophet are to be followed; is without doubt out of the fold of Islam.
In the Qur’an and ahadith we will come across some issues which every layman may understand without it being intricate, ambiguous or contradictory. On the other hand there may be issues that are intricate, ambiguous or contradictory.
Needless to say, deriving rules from the Qur’an and ahadith can be difficult. One solution is that we use our own understanding and insight in to such issues in order to make our judgments, or another solution may be that instead of making independent rulings ourselves, we look into what the predecessors ruled concerning these issues. If we consider with fairness, from the two opinions, the option of using our own understanding; we find that it is fraught with difficulties. The second option, of relying on scholars, is much more cautious and safer. This is not because it seems like a humble approach but merely because it is an undeniable reality that we have very little resemblance with the scholars of the first Muslim era. We fall short of their knowledge, understanding, intelligence, memory, morals and piety. In addition, the scholars of the first era were close to the environment and time when the Qur’an was revealed, which allowed understanding the Qur’an and Sunnah in its entirety. We on the contrary, are so distant from the time when the Qur’an was revealed.
After considering all of these points, if we do not rely upon our own understanding but instead follow the opinion of a scholar of the past in such matters that are ambiguous, intricate or contradictory, then it will be said that we are following or making taqleed of that scholar.
Taqleed of an Imam or a Mujtahid is only valid in areas where understanding a rule of the Qur’an or Sunnah is difficult. Whether it be because of an additional meaning being from the text or there is some intricacies in the text or even if there seems to be an apparent contradiction in the text.
An absolute and conclusive text where there exists no ambiguity or apparent contradiction in the text of the Qur’an or Sunnah, there is no taqleed of any Imam or Mujtahid.
So following an Imam or Mujtahid does not entail believing the Mujtahid to be an independent source of law (shariah), who has to be followed in totality. Rather, the idea is that the Qur’an and Sunnah is being followed, however, a particular Imam’s understanding of the Qur’an and Sunnah is being followed. The Mujtahid or Imam is regarded as a commentator of the law and his interpretation is held as authoritative. This is why taqleed is not an issue in those rules, which are conclusive, since what is intended by Allah and his Prophet ﷺ is achieved without taqleed. The imam whose opinion is followed is regarded as an interpreter and not a law maker.
What is taqleed?
The word taqleed is derived from the Arabic word qiladah. This linguistically has two meanings.One meaning is in regards to humans i.e. necklace, collar. And the other is in regards to animals i.e. rope/string. But the meaning we take is in regards to humans. This is supported by the hadith of Hadrat Aisha radi’Allahu anha when she borrowed a necklace from Hadrat Asma radi’Allahu anha:
عن عائشة أنها استعارت من أسماء قلادة فهلكت فأرسل رسول الله ناسا من أصحابه في طلبها فأدركتهم الصلوٰة
(بخاري ٣٣٦ و مسلم ٣٦٧)
“A’isha narrates that she borrowed a necklace from Asma’, and she lost it. The Prophet sent some people to look for it, and the time for prayer came...”[1]
By Allamah Sarfraz Khan Safdar (rahimahullah)
Translated by Maulana Mohsaib Mohammad
The following are a few chapters from an ongoing abridgement and translation of the late Allamah Sarfraz Khan Safdar's (rahimahullah) famous work in defence of taqleed. Duas are requested from all for Allah to grant the translator the tawfeeq to complete this noble task.
Introduction
No Muslim denies that the purpose of the deen is to obey Allah, so much so that the Prophet ﷺ, through his sayings and actions etc. has given a physical form and explained the orders of Allah by telling us what is halal and haram. We only have to follow Allah and the Prophet and whosoever believes that anyone other than Allah’s orders and the Prophet are to be followed; is without doubt out of the fold of Islam.
In the Qur’an and ahadith we will come across some issues which every layman may understand without it being intricate, ambiguous or contradictory. On the other hand there may be issues that are intricate, ambiguous or contradictory.
Needless to say, deriving rules from the Qur’an and ahadith can be difficult. One solution is that we use our own understanding and insight in to such issues in order to make our judgments, or another solution may be that instead of making independent rulings ourselves, we look into what the predecessors ruled concerning these issues. If we consider with fairness, from the two opinions, the option of using our own understanding; we find that it is fraught with difficulties. The second option, of relying on scholars, is much more cautious and safer. This is not because it seems like a humble approach but merely because it is an undeniable reality that we have very little resemblance with the scholars of the first Muslim era. We fall short of their knowledge, understanding, intelligence, memory, morals and piety. In addition, the scholars of the first era were close to the environment and time when the Qur’an was revealed, which allowed understanding the Qur’an and Sunnah in its entirety. We on the contrary, are so distant from the time when the Qur’an was revealed.
After considering all of these points, if we do not rely upon our own understanding but instead follow the opinion of a scholar of the past in such matters that are ambiguous, intricate or contradictory, then it will be said that we are following or making taqleed of that scholar.
Taqleed of an Imam or a Mujtahid is only valid in areas where understanding a rule of the Qur’an or Sunnah is difficult. Whether it be because of an additional meaning being from the text or there is some intricacies in the text or even if there seems to be an apparent contradiction in the text.
An absolute and conclusive text where there exists no ambiguity or apparent contradiction in the text of the Qur’an or Sunnah, there is no taqleed of any Imam or Mujtahid.
So following an Imam or Mujtahid does not entail believing the Mujtahid to be an independent source of law (shariah), who has to be followed in totality. Rather, the idea is that the Qur’an and Sunnah is being followed, however, a particular Imam’s understanding of the Qur’an and Sunnah is being followed. The Mujtahid or Imam is regarded as a commentator of the law and his interpretation is held as authoritative. This is why taqleed is not an issue in those rules, which are conclusive, since what is intended by Allah and his Prophet ﷺ is achieved without taqleed. The imam whose opinion is followed is regarded as an interpreter and not a law maker.
What is taqleed?
The word taqleed is derived from the Arabic word qiladah. This linguistically has two meanings.One meaning is in regards to humans i.e. necklace, collar. And the other is in regards to animals i.e. rope/string. But the meaning we take is in regards to humans. This is supported by the hadith of Hadrat Aisha radi’Allahu anha when she borrowed a necklace from Hadrat Asma radi’Allahu anha:
عن عائشة أنها استعارت من أسماء قلادة فهلكت فأرسل رسول الله ناسا من أصحابه في طلبها فأدركتهم الصلوٰة
(بخاري ٣٣٦ و مسلم ٣٦٧)
“A’isha narrates that she borrowed a necklace from Asma’, and she lost it. The Prophet sent some people to look for it, and the time for prayer came...”[1]
The applied meaning of taqleed is:
التقليد إتباع الإنسان غيره فيما يقول أو يفعل معتقدا للحقيقة من غير نظر إلي الدليل كأن هذا المتبع جعل قول الغير أو فعله قلادة في عنقه من غير مطالبة دليل
(كشاف اصطلاحات الفنون صفحه ١١٧٨ طبع كلكة)
“Taqleed is a human following someone else in what he says or does, believing it to be the truth, without looking at the evidence. It is as if the follower has made the saying or action of someone a necklace around his neck without asking for evidence.”[2]
التقليد اتباع الغيرعلي ظن أنه محق بلا نظر في الدليل
(حسامي شرح نامي صفحه ١٩٠)
“Taqleed is to follow someone without looking at the evidence, believing him to be correct and truthful.”[3]
(مستدرك الحاكم ٤٢٢)
“He said [regarding the ayah] "the people in authority" are the people of fiqh (scholars) and goodness.”[7]
(كشاف اصطلاحات الفنون صفحه ١١٧٨ طبع كلكة)
“Taqleed is a human following someone else in what he says or does, believing it to be the truth, without looking at the evidence. It is as if the follower has made the saying or action of someone a necklace around his neck without asking for evidence.”[2]
التقليد اتباع الغيرعلي ظن أنه محق بلا نظر في الدليل
(حسامي شرح نامي صفحه ١٩٠)
“Taqleed is to follow someone without looking at the evidence, believing him to be correct and truthful.”[3]
That was a brief introduction to taqleed and the concept of taqleed. Moving on to the evidences for taqleed from Qur’an and ahadith, starting with the Qur’an:
Allah says:
( النساء آية ٥٩)
Allah says:
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓاْ أَطِيعُواْ ٱللَّهَ وَأَطِيعُواْ ٱلرَّسُولَ وَأُوْلِي ٱلۡأَمۡرِ مِنكُمۡۖ فَإِن تَنَٰزَعۡتُمۡ فِي شَيۡءٖ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ إِن كُنتُمۡ تُؤۡمِنُونَ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأٓخِرِۚ ذَٰلِكَ خَيۡرٞ وَأَحۡسَنُ تَأۡوِيلًا
( النساء آية ٥٩)
“Oh you who believe! Obey Allah and obey his messenger and those in authority among you.” [4]
No one has an issue or dispute in obeying the first two, but regarding the third there are few things to consider:
1. A Muslim has to obey another Muslim who has authority
2. You should only obey him when his orders are to abide by Allah and the Prophet ﷺ as clearly mentioned by Prophet ﷺ:
In this verse we have been ordered to do 3 things:
1. Obey Allah
2. Obey the Prophet ﷺ
3. Obey those in authority
No one has an issue or dispute in obeying the first two, but regarding the third there are few things to consider:
1. A Muslim has to obey another Muslim who has authority
2. You should only obey him when his orders are to abide by Allah and the Prophet ﷺ as clearly mentioned by Prophet ﷺ:
فإذا أمركم بمعصية فلا سمع ولا طاعة
(بخاري ٢٩٥٥)
“When you are ordered with [to commit] a sin, then do not listen and do not obey”[5]
(بخاري ٢٩٥٥)
“When you are ordered with [to commit] a sin, then do not listen and do not obey”[5]
3. When the person in authority is obeying Allah and the Prophet ﷺ, it is not only permissible to follow him, but the order of Allah orders us to follow him. The Prophet ﷺ said:
من أطاع أميري فقد أطاعني ومن عصا أميري فقد عصاني
(بخاري ٢٩٥٧)
“The one who obeys the leader has obeyed me and the one who disobeys the leader has disobeyed me.”[6]
(بخاري ٢٩٥٧)
These are conditions laid down for following a person in authority, but the question remains, who is a person of authority? Two commentaries are given:
1. Scholars/Ulama
2. Army generals/Leaders
Our claim for "the people in authority" being scholars and fuqaha is proven:
1. Hadrat Jabir ibn Abdullah radi’Allahu anh says:
1. Scholars/Ulama
2. Army generals/Leaders
Our claim for "the people in authority" being scholars and fuqaha is proven:
1. Hadrat Jabir ibn Abdullah radi’Allahu anh says:
قال أولِي الفقه والخير
(مستدرك الحاكم ٤٢٢)
Allamah Dhahabi and Imam Hakim (rahimahumallah) have both said that the chain of narration for this is authentic.
2. Hadrat Abdullah ibn Abbas radi'Allahu anh (regarding whom the Prophet ﷺ made a special du’a saying “give him the understanding of the Qur'an”) mentioned:
That "the people of authority" are the people of fiqh (scholars) and people of deen (those people who call towards good and refrain from evil) and he carries on to say that Allah has made it necessary to follow them.[8]
Scholars mention regarding the commentary/tafseer of a sahabi (as mentioned above) saying:
Imam Abu Bakr Jassas writes:
2. Hadrat Abdullah ibn Abbas radi'Allahu anh (regarding whom the Prophet ﷺ made a special du’a saying “give him the understanding of the Qur'an”) mentioned:
That "the people of authority" are the people of fiqh (scholars) and people of deen (those people who call towards good and refrain from evil) and he carries on to say that Allah has made it necessary to follow them.[8]
Scholars mention regarding the commentary/tafseer of a sahabi (as mentioned above) saying:
تفسير الصحابي مسند، تفسير الصحابي حجة، تفسير الصحابي مرفوع
(مستدرك ۱۹۸۸/ تدريب الراوي صفحه ٦٥ طبع مصر)
"The commentary of a sahabi is musnad (i.e. saying of the Prophet), the commentary of a sahabi is solid evidence, the commentary of a sahabi is marfoo' (chain which leads up to the Prophet).”[9]
(مستدرك ۱۹۸۸/ تدريب الراوي صفحه ٦٥ طبع مصر)
"The commentary of a sahabi is musnad (i.e. saying of the Prophet), the commentary of a sahabi is solid evidence, the commentary of a sahabi is marfoo' (chain which leads up to the Prophet).”[9]
So when Hadrat Jabir and Hadrat Ibn Abbas radi’Allahu anhuma have commentated on "the people of authority" to be people of fiqh (scholars). According to the rule mentioned regarding a sahabi’s commentary, we will have to accept that the commentary was directly heard from the Prophet ﷺ himself.
أُختلف في تأْويل أولي الأمر، فروى عن جابر بن عبدالله و ابن عباس رواية والحسن و عطاء و مجاهد أنهم أولوالفقه والعلم و عن ابن عباس رواية و أبي هريرة أنهم أمراء السرايا- و يجوز أن يكونوا جميعا مرادين بالآية لأن الإسميتناولهم جميعا لأن الأمراء يلُوْن أمر تدبير الجيوش والسرايا و قتال العدوِّ والعلماءُ يلون حفظ الشريعة و ما يجوز و مما لايجوز
(أحكام القراٰن صفحه ٢٦٤ جلد٢)
“There have been differences in the commentary on "the people of authority". Hadrat Jabir ibn Abdullah and Hadrat Abdullah ibn Abbas radi’Allahu anhuma, Hasan Basri, Ataa, and Mujaahid radi’Allahu anhum have mentioned that "the people of authority" is mentioned for the people of fiqh and knowledge (scholars). And it is mentioned by Hadrat Ibn Abbas and Hadrat Abu Hurairah radiallahu anhuma that "the people of authority" is mentioned for army leaders. And it is permissible that both interpretations are taken in this verse, because "the people of authority" includes both of them, because army leaders are busy organizing the army and battling against the enemy and the scholars are busy protecting the shariah and those things that are permissible and not permissible."[10]
(أحكام القراٰن صفحه ٢٦٤ جلد٢)
And he also mentions in another place:
قال الحسن وقتادة وابن أبي ليليٰ (هم أهل العلم والفقه) وقال السدي (الأمراء والولاة)- قال أبوبكر: يجوز أن يريدبه الفريقين من أهل الفقه والولاة لوقوع الإسم عليهم جميعا
(أحكام القراٰن صفحه ٢٦٩ جلد٢)
(أحكام القراٰن صفحه ٢٦٩ جلد٢)
“Hadrat Hasan, Qatadah and Ibn Abi Laylah radiallahu anhum mention that "the people of authority" are the people of knowledge and fiqh. Hadrat Suddi radiallahu anh mentions that "the people of authority" are the leaders. Imam Abu Bakr says that people of fiqh and leaders (both groups) are taken because these two are included in the word.”[11]
So from the quotations mentioned we realize that there is absolutely no problem in taking any of the two meanings mentioned.
Allamah Alusi (rahimahullah) writes:
Allamah Alusi (rahimahullah) writes:
وقيل المراد بهم أمراءالسراياو روي ذلك عن أبي هريرة وميمون بن مهران إلي قوله وقيل المراد بهم أهل العلم وروي ذلك غير واحد عن ابن عباس وجابربن عبدالله ومجاهد والحسن وعطاء وجماعة واستدل عليه أبو العالية بقوله تعاليٰ وَلو ردُّوه إلى الرسول وإلي أولي الأمر منهم لعلمه الذين يستنبطونه منهم فإن العلماء هم المستنبطون المستخرجون للأحكام وحمله كثير وليس ببعيد غلي ما يعم الجميع لتناول الإسم لهم لأن للأمراء تدبيرالجيش والقتال وللعلماء حفظ الشريعة ومايجوز وما لا يجوز
(روح المعاني صفحه ٦٤ جلد ٣-٤)
“And it has been mentioned that army leaders is what is meant by "the people of authority" and this has been mentioned by Hadrat Abu Hurairah radi’Allahu anh and Hadrat Maymoon Ibn Mihraan radi’Allahu anh and it is also mentioned by many others that the people of knowledge (scholars) are meant by it (i.e. people of authority). This has been mentioned by a few sahabah such as Ibn Abbas, Jabir ibn Abdullah radi’Allahu anhum and also mentioned by Mujahid, Hasan and Ataa (may Allah be pleased with them). Abul A'liyah radi’Allahu anh has derived this from the Qur’anic ayah:
"Had they referred it to the messenger and to those having authority among them, the truth of the matter would have come to the knowledge of those who are able to investigate"[12]
“And it has been mentioned that army leaders is what is meant by "the people of authority" and this has been mentioned by Hadrat Abu Hurairah radi’Allahu anh and Hadrat Maymoon Ibn Mihraan radi’Allahu anh and it is also mentioned by many others that the people of knowledge (scholars) are meant by it (i.e. people of authority). This has been mentioned by a few sahabah such as Ibn Abbas, Jabir ibn Abdullah radi’Allahu anhum and also mentioned by Mujahid, Hasan and Ataa (may Allah be pleased with them). Abul A'liyah radi’Allahu anh has derived this from the Qur’anic ayah:
"Had they referred it to the messenger and to those having authority among them, the truth of the matter would have come to the knowledge of those who are able to investigate"[12]
"Because the scholars are those who investigate and derive rulings. And a lot have kept it open (to both meanings) and this is not far off either because "the people of authority" includes both because the army leaders organize the army and tactics and the scholars protect the shariah and what is permissible and what is not."[13]
The second ayah:
وَإِذَا جَآءَهُمۡ أَمۡرٞ مِّنَ ٱلۡأَمۡنِ أَوِ ٱلۡخَوۡفِ أَذَاعُواْ بِهِۦۖ وَلَوۡ رَدُّوهُ إِلَى ٱلرَّسُولِ وَإِلَىٰٓ أُوْلِي ٱلۡأَمۡرِ مِنۡهُمۡ لَعَلِمَهُ ٱلَّذِينَ يَسۡتَنۢبِطُونَهُۥ مِنۡهُمۡۗ وَلَوۡلَا فَضۡلُ ٱللَّهِ عَلَيۡكُمۡ وَرَحۡمَتُهُۥ لَٱتَّبَعۡتُمُ ٱلشَّيۡطَٰنَ إِلَّا قَلِيلٗ
(النساء آية ٨٣)
(النساء آية ٨٣)
“And when news concerning peace or fear comes to them, they go about spreading it. Had they referred it to the Messenger and those having authority among them, the truth of the matter would have come to the knowledge of those who are able to investigate.”[14]
(لُقۡمَانَ ١٥)
“And follow the way of the one who has turned (himself) towards me.”[19]
In this verse it is clearly telling people that not everything is understood very easily, that is why when they hear news of peace or fear they should inform the Prophet ﷺ and the people of authority and whatever they find to be correct, tell the people, then they should act upon it.
We realise the following things from the verse:
1. Even though the verse is concerning peace and fear, the main reason behind this is because proclaiming peace and fear can at times confuse a layman, which is why, in important issues every person should not rely on his own intellect, but instead he should refer to someone more intelligent and aware of the situation. Similarly every ruling of deen, every person will not understand so we should resort to the people more aware of it.
2. The people of authority have been mentioned as those people who have the ability of investigating. This is so that they can evaluate the non-Qur’anic (ghair mansoos) rulings and compare them with Qur’anic rulings, to reach a conclusion. And this is the job of only the Fuqaha and Mujtahidin.
Abu Bakr Jassas mentions:
We realise the following things from the verse:
1. Even though the verse is concerning peace and fear, the main reason behind this is because proclaiming peace and fear can at times confuse a layman, which is why, in important issues every person should not rely on his own intellect, but instead he should refer to someone more intelligent and aware of the situation. Similarly every ruling of deen, every person will not understand so we should resort to the people more aware of it.
2. The people of authority have been mentioned as those people who have the ability of investigating. This is so that they can evaluate the non-Qur’anic (ghair mansoos) rulings and compare them with Qur’anic rulings, to reach a conclusion. And this is the job of only the Fuqaha and Mujtahidin.
Abu Bakr Jassas mentions:
فقد حوت هذه الأٰية معاني: منها أن في أحكام الحوادث ما ليس بمنصوص عليه بل مدلول عليه ومنها أن علي العلماء إستنباطه والتوصل إلي معرفته بردِّهِ إلي نظائه من المنصوص ومنها أن العاميَّ عليه تقليد العلماء في أحكام الحوادث
(أحكام القراٰن صفحه ٢٧٠ جلد٢)
“Without doubt this verse has various meanings and commentaries. Firstly, there are masaail (issues) that have not explicitly been proven textually. Secondly, it is necessary upon the scholars to derive/extrapolate it and find a way to recognise it by referring to similar sacred texts. Thirdly, that it is necessary upon the layman to follow the scholars in the new rulings.[15]
But what we have to remember here is that investigation isn’t everyone’s cup of tea and there are conditions for such people. So whoever is not able to investigate, and cannot find the answer through Qur’an, Sunnah and Ijma’, should refer back to a mujtahid and follow what he says. The conditions for a mujtahid in brief are:
“That he encompasses the knowledge of the Qur’an along with its meaning and knowledge of ahadith with its chain of narrations and the text itself with its reasoning and should know the ways of qiyas (analogical reasoning).”[16]
If the sayings of “the people of authority” were not evidence, especially at the time of the Prophets, then why would the Qur’an order us to refer to them?
And if to accept the opinion of anyone or saying with the Prophet ﷺ being present was shirk fi al-risalah (attributing partners to the message), then why would the Qur’an give permission for such shirk? We seek refuge in Allah from this.
And if the sayings of “the people of authority” are not shirk fi al-risaalah then why are the rulings of the four great imams shirk?
Allamah Alusi writes:
“The one who obeys the leader has obeyed me and the one who disobeys the leader has disobeyed me.” [18]
(أحكام القراٰن صفحه ٢٧٠ جلد٢)
“Without doubt this verse has various meanings and commentaries. Firstly, there are masaail (issues) that have not explicitly been proven textually. Secondly, it is necessary upon the scholars to derive/extrapolate it and find a way to recognise it by referring to similar sacred texts. Thirdly, that it is necessary upon the layman to follow the scholars in the new rulings.[15]
But what we have to remember here is that investigation isn’t everyone’s cup of tea and there are conditions for such people. So whoever is not able to investigate, and cannot find the answer through Qur’an, Sunnah and Ijma’, should refer back to a mujtahid and follow what he says. The conditions for a mujtahid in brief are:
أن يحوي علم الكتاب بمعانيه وعلم السنة بطرقها ومتونها ووجوه معانيها وأن يعرف وجوه القياس
(كنز الوصول إلي معرفة الأصول صفحه ٢٧٨ طبع مصر)
(كنز الوصول إلي معرفة الأصول صفحه ٢٧٨ طبع مصر)
“That he encompasses the knowledge of the Qur’an along with its meaning and knowledge of ahadith with its chain of narrations and the text itself with its reasoning and should know the ways of qiyas (analogical reasoning).”[16]
These are the conditions laid down in brief for a Mujtahid. The layman who hasn’t read and mastered the tafsir and ahadith, has neither mastered the Arabic language and has not even the slightest idea of the science of usul al-fiqh but rather has read only summaries and English translations of books; how can he possibly claim to be a mujtahid and how can he be worthy of such a high status?
If the sayings of “the people of authority” were not evidence, especially at the time of the Prophets, then why would the Qur’an order us to refer to them?
And if to accept the opinion of anyone or saying with the Prophet ﷺ being present was shirk fi al-risalah (attributing partners to the message), then why would the Qur’an give permission for such shirk? We seek refuge in Allah from this.
And if the sayings of “the people of authority” are not shirk fi al-risaalah then why are the rulings of the four great imams shirk?
In this verse even though some people have taken “the people of authority” to be army leaders etc, the majority of the mufasireen (exegetes) have said that they are the people of understanding.
Allamah Alusi writes:
وهم كبار الصحابة البصراء في الأمور هو الذي ذهب إليه الحسن و قتادة و خلق كثير
(روح المعاني صفحه ٩١ جلد ٣-٤)
من أطاع أميري فقد أطاعني ومن عصا أميري فقد عصاني
(بخاري ٢٩٥٧)
(روح المعاني صفحه ٩١ جلد ٣-٤)
“And they are the senior sahabah who had in-depth understanding of situations."[17]
The reason for mentioning sahabah is because they were present at the time of the Prophet ﷺ, otherwise it refers to all the people of understanding.
In simple terms, it wasn’t shirk to refer back to the people of understanding and investigation at the time of the Prophet ﷺ, otherwise it would have meant that the Qur’an also orders us to do shirk and of course this is incorrect, we seek refuge in Allah from such thoughts. But what it really means is under the guidelines set by the Prophet ﷺ to abide by the rulings of “the people of authority” in reality is following and obeying the Prophet ﷺ.
The hadith of Bukhari mentions:
The hadith of Bukhari mentions:
من أطاع أميري فقد أطاعني ومن عصا أميري فقد عصاني
(بخاري ٢٩٥٧)
Third ayah:
وَٱتَّبِعۡ سَبِيلَ مَنۡ أَنَابَ
(لُقۡمَانَ ١٥)
“And follow the way of the one who has turned (himself) towards me.”[19]
Allah is ordering a believer, that if your parents force you or order you to do shirk do not obey them in that. But do help them in their worldly affairs, and then the verse above was mentioned. So it is obvious what this verse is telling us, that whoever turns to Allah it is not only permissible to obey him, but at times necessary because the word ittabi’ is an order which indicative of a necessary act.
Allamah Alusi wrote:
واتبع سبيل من أناب إلي بالتوحيد والإخلاص بالطاعة و حاصله اتبع سبيل المخلصين
(روح المعاني صفحه ٨٦ جلد١١-١٢)
“Those people who follow the ways of oneness and sincerity with obedience. So follow the ways of the sincere ones.”[20]
(روح المعاني صفحه ٨٦ جلد١١-١٢)
“Those people who follow the ways of oneness and sincerity with obedience. So follow the ways of the sincere ones.”[20]
We ask the opposition that weren’t the four great imams steadfast on oneness, the Sunnah and sincere? And didn’t they carry out the orders of Allah and the Prophet ﷺ with sincerity? If the answer is no, then it is their responsibility to prove it.
Those people who claim that in the presence of the Prophet ﷺ we cannot obey anyone else, claim this falsely because as mentioned before, obeying the amir (leader) is in actual fact obeying our Prophet ﷺ.
It is as if it has merged together and the obedience of our Prophet ﷺ has been merged with the obedience of Allah.
We have to remember however that the Imams are not perfect and can make mistakes. And if there are any rulings that clearly go against the Qur’an or hadith, then we should abide by what the Qur’an and ahadith mention.
Fourth ayah:
Whilst refuting the belief of the mushrikeen that Prophets cannot be human Allah says:
It is as if it has merged together and the obedience of our Prophet ﷺ has been merged with the obedience of Allah.
We have to remember however that the Imams are not perfect and can make mistakes. And if there are any rulings that clearly go against the Qur’an or hadith, then we should abide by what the Qur’an and ahadith mention.
Fourth ayah:
Whilst refuting the belief of the mushrikeen that Prophets cannot be human Allah says:
وَمَآ أَرۡسَلۡنَا مِن قَبۡلِكَ إِلَّا رِجَالٗا نُّوحِيٓ إِلَيۡهِمۡۖ فَسَۡٔلُوٓاْ أَهۡلَ ٱلذِّكۡرِ إِن كُنتُمۡ لَا تَعۡلمون
(النَّحۡلِ آية ٤٣)
(النَّحۡلِ آية ٤٣)
“We did not send (messengers) before you other than men whom we inspired with revelation. So ask the people of remembrance (of the scriptures), if you do not know.”[21]
We find from this verse, that for unknowledgeable people to ask someone more knowledgeable, if not wajib (necessary), then at the very least it is mustahab (recommended). If he is alive then he can be asked directly and if he has passed away then we can refer to his books.
Allamah Alusi wrote:
Allamah Alusi wrote:
أن من الناس من جوّز التقليد للمجتهد لهذه الأٰية فقال لما لم يكن أحد المجتهدين عالما وجب عليه الرجوع إلي المجتهد العالم لقوله تعاليٰ فاسئلواالأٰية فإن لم يجب فلا أقل من الجواز
(روح المعاني صفحه ٣٨٧ جلد ٧)
“Without doubt some people have proven taqleed to be permissible from this verse. The reason is if any of the mujtahideen were unaware, then it is necessary for him to refer to a mujtahid who is aware because of the verse فَاسْئَلُوْا and if it is not wajib, then it is permissible at the very least least.“[22]
“Without doubt some people have proven taqleed to be permissible from this verse. The reason is if any of the mujtahideen were unaware, then it is necessary for him to refer to a mujtahid who is aware because of the verse فَاسْئَلُوْا and if it is not wajib, then it is permissible at the very least least.“[22]
Scholars such as Imam Bukhari, Hafiz Ibn Hajar, Imam Muslim, Allamah Dhahabi are not present with us today, so we are unable to ask them regarding ahadith. However their books are available to which we can refer to and feel content. In the same way the four great Imams, even though they are not here present with us, their books written by their students are present with us.
If we can ask Imam Bukhari regarding ahadith, then why can’t we ask from the likes of Imam Abu Hanifah? If the first isn’t shirk they why is the second? And if the second is shirk then why the first isn’t?
So basically if to ask a knowledgeable scholar a question and following his answer and relying upon it was not permissible, then why does Allah order us to ask them? And also why would the Prophet ﷺ mention the hadith:
If we can ask Imam Bukhari regarding ahadith, then why can’t we ask from the likes of Imam Abu Hanifah? If the first isn’t shirk they why is the second? And if the second is shirk then why the first isn’t?
So basically if to ask a knowledgeable scholar a question and following his answer and relying upon it was not permissible, then why does Allah order us to ask them? And also why would the Prophet ﷺ mention the hadith:
إنما شفاء العي السؤال
“Indeed the cure for ignorance is questioning”[23]
“Indeed the cure for ignorance is questioning”[23]
In a narration in which a sahabi mentioned:
فسألت أهل العلم فأخبروني
“I asked the knowledgeable one, so he informed me.”[24]
“I asked the knowledgeable one, so he informed me.”[24]
According to the context of this hadith, even though at this time the decision that was given to the companion was incorrect, and was refuted by the Prophet ﷺ, he did not refute the fact that why the sahabi had asked a knowledgeable person. If it was incorrect it would have been refuted by the Prophet ﷺ.
Even though this verse was revealed regarding the Jewish scholars, there is a consensus (ijma’) of the ulama and they all unanimously agree that the Qur’an will not be confined to the reason it was revealed.
[1] Bukhari [#336] Muslim [#367]
[2] Kashaf Istilahat al-Funun, pg. 1178
[3] Hussami Sharh Nami, pg. 190
[4] Surah al-Nisa [4/59]
[5] Bukhari [#2955]
[6] Bukhari [#2957]
[7] Mustadrak al-Hakim [#422]
[8] Tafsir al-Tabari [5/88] and al-Itqan #80
[9] Mustadrak al-Hakim [#1988] and Tadrib al-Rawi, pg. 65
[10] Ahkam al’Qur’an [2/264]
[11] Ahkam al-Qur’an [2/269]
[12] Al-Nisa’ [4/83]
[13] Ruh al-Ma’ani [3-4/64]
[14] Al-Nisa’ [4/83]
[15] Ahkam al-Qur’an [2/270]
[16] Kanz al-Usul I’la Ma’arifat al-Usul, pg. 278
[17] Ruh al-Ma’ani [3-4/91]
[18] Bukhari [2954]
[19] Luqman [31/15]
[20] Ruh al-Ma’ani [11-12/86]
[21] Al-Nahl [16/43]
[22] Ruh al-Ma’ani [7/387]
[23] Abu Dawud [#336], Ibn Majah [#93], Mustadrak al-Hakim [630] and Musnad Ahmad [#3057]
[24] Bukhari [#2724] and Muslim [#1697]
[1] Bukhari [#336] Muslim [#367]
[2] Kashaf Istilahat al-Funun, pg. 1178
[3] Hussami Sharh Nami, pg. 190
[4] Surah al-Nisa [4/59]
[5] Bukhari [#2955]
[6] Bukhari [#2957]
[7] Mustadrak al-Hakim [#422]
[8] Tafsir al-Tabari [5/88] and al-Itqan #80
[9] Mustadrak al-Hakim [#1988] and Tadrib al-Rawi, pg. 65
[10] Ahkam al’Qur’an [2/264]
[11] Ahkam al-Qur’an [2/269]
[12] Al-Nisa’ [4/83]
[13] Ruh al-Ma’ani [3-4/64]
[14] Al-Nisa’ [4/83]
[15] Ahkam al-Qur’an [2/270]
[16] Kanz al-Usul I’la Ma’arifat al-Usul, pg. 278
[17] Ruh al-Ma’ani [3-4/91]
[18] Bukhari [2954]
[19] Luqman [31/15]
[20] Ruh al-Ma’ani [11-12/86]
[21] Al-Nahl [16/43]
[22] Ruh al-Ma’ani [7/387]
[23] Abu Dawud [#336], Ibn Majah [#93], Mustadrak al-Hakim [630] and Musnad Ahmad [#3057]
[24] Bukhari [#2724] and Muslim [#1697]