WHY FOLLOW ONE IMAAM OF FIQH ?
The meaning of Taqleed
Literally means to be wearing a York. According to the Shariat it means to unconditionally accepting the view of a reliable, proper, authentic person in matters pertaining to Deen – Religion.
These days the one who follows any of the Mazhabs of the four great Imams of Jurisprudence, Imam Abu Hanifa (R.A) (80 – 150 A.H ); Imam Idris Shafi (R.A) (150 – 240 A.H); Imam Ahmed bin Hanbal (R.A) (164 – 241 A.H ); Imaam Malik (R.A) is classified and termed Muqaleed.
Those who do not adhere to any of the four famous Mazhabs call themselves ghair Muqaleed or Ahle – Hadith or in some areas Salafi.
The use of the word Imam
The word Imam as per the ideology explained by the Ahle Sunnat wal Jamaat refers to the one who is an acclaimed, confirmed, reliable, proper and reputed scholar, guide and authority in Islaam. It does not refer to as some claim, to the person who receives Divine Revelation, or one who is Masoom (innocent) or one who can make Halaal – Haraam or vise versa or one who can abrogate the rules and regulation of Islaam, etc
(Allaah protect us from such false beliefs which are kufr in nature).
The meaning of Mazhab
Those who are viciously preaching against Taqleed pose this question to simple minded Muslims viz :- Are you Muhammadi or Hanafi ? The listener is completely confused and perplexed failing to realise that the Question itself is wrong. If someone has to ask, is it Monday or January ? Is this question in itself valid ? If someone has to ask, do you live in Durban (a city in KwaZulu Natal province) or Gauteng (another province) ? Is this question valid ? Note both these are invalid questions. One is supposed to ask to ask is it Friday or Saturday (this day or that day – not this day in comparison to a month).
On both sides of the equation there should be days e.g. Monday or Friday ? or both options must be concerning months e.g. is it March or April? Then the question is valid otherwise not and thus misleading.
Thus the question supposed to be , are you Hanafi or Shafi or Maaliki or Hanbali or are you Muhammadi (follower of Islaam) or a Jew , a Hindu or a Christian? Be cautious of this deception.
By adhering to any of the four Mazhabs one will be in the Ahle Sunnat wal Jamaat. The four Mazhabs are from the>Ahle Sunnat wal Jamaat.
A summary of what Hadhrat Shah Waliullaah (R.A) states in Fayoosul Haramain
I. Taqleeed was prevalent in the blessed era of the Sahaabah (R.A) and the Tabieen (R.A) without objection.
II. To follow the Mazhab -e- Araba (Hanafi, Maalik. Shafi. Hanbali) is following the ASawad -e- Aazam (the Lofty group of Truth), and to go outside the circle of Mazhab -e- Araba tantamount to going out of the ASawad -e- Aazam, which is misleading.
III. After the second century. Taqleed of one person had commenced.
IV. This was a result of Ilhaam (inspiration).
V. It is Waajib upon the Ummat to make Taqleed of ONE of the Mazhab -e- Araba.
VI. Taqleed is Waajib upon a non- Mujtahid.
VII. There is religious wisdom, and many benefits in making Taqleed of one person.
VIII. I was advised by Rasulullaah (S.A.W) to stay within one of the Mazhab -e- Araba.
IX. Mazhab -e- Hanafia is in accordance with the Sunnah, the testimony of which Nabi (S.A.W) himself gave.
X. For the common man (non – Muqalid) it is Haraam to discard Taqleed for it begins the exit from the Circle of Islaam.
Who are the Ahle Sunnat wal Jamaat ?
Around us we see groups calling themselves by various names, Ahle – Quraan, Ahle – Hadith, Ghair Muqaleed, Salafi, Shia, Qadiani, Bidati, Zikri, and so on. Some in the fold of Islaam others definitely out of the fold of Islaam. Some have not entered Islaam, let alone to be then taken out of the fold of Islaam. Those adhering to any of the above stated are not in the Ahle Sunnat wal Jamaat.
All names of grouping have been derived and stipulated by their respective leaders and followers, only the name >Ahle Sunnat wal Jamaat has been specified and chosen for the Ahle – Haqq – The adherers of Truth by Nabi (S.A.W) himself.
In the commentary on the ayat that on the Day of Judgement, Athe faces of those with Imaan will brighten up (shine) Hadhrat Ibn Abass (R.A) narrates from Rasulullaah (S.A.W) that : Athose are the Ahle Sunnat .
(Al – Kamil Libn Askiri Vol. 4 P.62)
In the tragedy of Karballa when Hadhrat Hassan (R.A) – the grandson of Nabi (S.A.W), who at that time was 63 years old, was surrounded and water supply was prevented from reaching him. Then he gave a sermon in which he clearly mentioned his plight and that Rasulullaah (S.A.W) stated;
i. Hassan and Hussain are the coolness of the eyes of Ahle Sunnat wal Jamaat and
ii. Hassan and Hussain are the leaders of the youth in Janaat of Ahle Sunnat (Al – Kamil Libn Askiri Vol. 4 P.62)
Thus when the name Ahle Sunnat wal Jamaa is chosen by Nabi (S.A.W), then one automatically knows the status, position and results of the other groups.
The Ahle Sunnat wal Jamaat are those conforming to the;
1. The Quraan
2. The Sunnat
3. Qiyas (deduction by Shari analogy)
4. Ijma ( Consensus of the opinion).
The accusations of the ghair -Muqaleeds.
The ghair Muqaleeds in their frenzy and frantic utterances state that the Muqaleeds are Bidattis, indulging in Shirk and Kufr. They even go to the extent of criticizing and abusing the illustrious Imams of Jurisprudence, especially Imam Abu Hanifa (R.A).
Ibn Tayimah (R.A) states that the Ahle Sunnat Wal Jamaat are those who follow the Nass (Kitaab and Sunna) and Ijma. (Minhaj – Sunnat Vol.3 P.272)
Sunnat or Hadith ?
The ghair Muqaleeds also try to cause confusion amongst the simple ignorant masses by quickly questioning, are you following the Hadith of Rasulullaah(S.A.W) or Sunnat ? The listener is made to believe that;
1. that the AHadith only is from Rasululaah (S.A.W) by leaving out the word ARasulullaah (S.A.W) Aafter Sunnat ; the correct question should be, do you follow Hadith of Rasulullaah(S.A.W) or Sunnat of Rasulullaah (S.A.W) ?
2. that the Sunnat is something else.
So if he says Sunnat, the simple listener feels he may be disrespecting and discarding Hadith of Nabi (S.A.W).
Whereas one must fully understand;
1. that the Sunnan of Rasulullaah (S.A.W) contains the Ahadith (sing- Hadith);
2. that the Hadith does not encompasses the entire Sunnat of Rasulullaah (S.A.W);
3. that by acting only on the Hadith one will not be acting on a complete Deen ;
4. that by acting only on the Sunnan one will act on the complete Deen.
Understand the above well and do not be misled.
Sunnan first ? or
Ahadith first ? or
Mazhab first ?
The ghair Muqaleeds claims that by adhering to any of the Mazhabs one is not following the Ahadith and the many ignorant amongst them proclaim that by following the Sunnat one discards the Ahadith. This is the result of ignorance mixed with arrogance.
Once one understands the carnological (historical) sequence of law making, codification of rules, systematising of principles of jurisprudence, compilation of Ahadith,etc then one will easily comprehend what came first and why.
Nabi (S.A.W) preached, propagated the Deen. The principles of Deen were completed, perfected in the era and time of Nabi (S.A.W). Islaam was chosen as the Deen approved by Allaah.
Today I have completed for you the Deen, and competed My favour upon you and chosen Al – Islaam as your Deen. (5/3)
In the sight of Allaah only Islaam is accepted (13/19)
Nabi (S.A.W) left behind the Kitaabullaah and the Sunnat (Mustadrakh Hakim Vol.1. p.93) and the Sahaabah (companions) who were living examples of Islaam. Whom Allaah is happy with (Surah Taubah- 100) and Rasulullaah (S.A.W) classified them as criterion for Islaam and non- Islaam, good or bad, truth or false etc – Hold fast to my Sunnat and the Sunnat of the Khulafa Rashedeen (Mustadrak – vol 1. P. 96) (Tirmidhi vol.2 p.92) (Ibn Maja p. 5 ) (Abu Dawwod vol.2 p. 279). In another it is recorded, wa Hiyyal Jamaat, (Abu Dawood – Vol 2. P 275),
(Mustadrak Vol 1. P 128.)
My Sahaabah are like stars whomsoever you follow, you will be rightly guided.
(Mishkat p. 554)
Islaam began to spread far and wide.
Thus two periods past, the period of Nabi (S.A.W) and the period of Sahaabah.(R.A) During the latter time of the Sahaabah (R.A), Imam Abu Hanifa (R.A) grew up and met Sahaabah (R.A) also. In this era, the compilation of jurisprudence, the systematic settings of laws, rules, regulations, on every subject of Deen, the arguments of jurisprudic principles were codified -( later completed by his students and the other Imams of Fiqh ( jurisprudence)) – the deliberation of every aspect of life, be it political, social, economical, took place. All this was done in the light of Quraan and Sunnan – because Sahaabah (R.A) and Tabieen (followers of the Sahaabah (R.A)) were daily narrating Ahaadith and reading Quraan. This was not done from here say or from the air, or by following whims and fancies as the ghair Muqaleeds propagate viciously. In the time of Imam Abu Hanifa (R.A), a chosen group of 40 top ranking Ulema should discuss, deliberate and contemplate each law, rule and regulation before it was noted in registers. Deliberation from every angle would take place to reach decisions.+- 1.3 million Masail were listed. The other great Imams of Fiqh followed. (See table A) At this stage there was no official compilation of Ahaadith.
HADHRAT IMAAM HANIFA (R.A) 80 AH – 150 AH
HADHRAT IMAAM MAALIK (R.A) 91 AH – 177 AH
HADHRAT IMAAM SHAAFI (R.A) 150 AH – 204 AH
HADHRAT IMAAM HANBAL (R.A) 164 AH – 241 AH
Then, the Imams (Authorities) on Ahaadith began their tedious, tremendous and marvellous task of compilation and codification of the Ahaadith.
(See table B)
IMAAM BUKHARI (R.A) 194 A.H – 256 A.H
IMAAM MUSLIM (R.A) 204 A.H – 261 A.H
IMAAM IBN MAJA (R.A) 209 A.H – 273 A.H
IMAAM ABU DAUD (R.A) 202 A.H – 275 A.H
IMAAM TIRMIDHI (R.A) 209 A.H – 279 A.H
IMAAM NISAI (R.A) 215 A.H – 303 AH Thus we see and observe 4 periods
1. The era of Rasulullaah (S.A.W)
2. The era of Sahaabah (R.A)
3. The era of Imams of Fiqh (R.A)
4. The era of Imams of Ahaadith (R.A)
There were many Imams of Fiqh but four survived. These four reached us because firstly, they were codified properly, secondly they had students prepared to continue the transmission of the 4 Mazhabs, thirdly Allaah desired so, fourthly the 4 Mazhabs contain the entire life of Rasulullaah (S.A.W).
Once proper classification, codification and systemisation of the laws compiled by an Imam of jurisprudence took place, then a Mazhab came into existence named after its founder.
Thus the Sunnat came first followed by the Mazhabs which elucidate and explained the Sunnat in detail, then the complication of the Ahaadith.
(Allaah reward each group as they deserve, Allaah is All Knowing.)
Questions to confuse
The Ghair Muqaleeds raise many questions so forcefully that the lay man becomes bewildered and confused.
1. Show me Taqleed in the Quraan ?
2. Show me Taqleed in the Hadith ?
3. Show me Taqleed in the time of Rasulullaah (S.A.W) ?
4. Show me Taqleed in the time of Hadhrat Abu Bakr (R.A) ?
5. Show me Taqleed in the time of Hadhrat Umar (R.A) ?
6. Show me Taqleed in the time of Hadhrat Uthman (R.A) ?
7. Show me Taqleed in the time of Hadhrat Ali (R.A) ?
8. Which Mazhabs did the Sahaabah (R.A) follow ?
9. Hadhrat Mahdi will follow which Mazhab ?
10. Hadhrat Isa (A.S) will follow which Mazhab ?
The common man on hearing these becomes dumb founded and now begins to doubt his adherence to any Mazhab. We will Insha – Allaah, step by step answer all the above. Read carefully, memorise well and remember that the Ahle Sunnat wal Jamaat are on Haqq (Truth).
We will provide basically two examples of each. For further information see our first book.
i.e. ATaqleed made Easy.
Taqleed in the Quraan
1. Allaah says – I ask the people who know, if (when) you do not know.
(Nahl – 43/ambiyaa).
This is the general rule in every walk of life. Moreover, when one is sick then one does not go to the mechanic, also when the car requires repairs one does not go to the doctor to have it attended to. There is a broad division of separation of responsibility. These days we know that heart patients go to the cardiologist, whilst the orthopaedic surgeon attends to bone problems, while the paediatrician cares for the ailments of children. So in one field of medicine, there is also further specialisation.
Thus the cardiologist will not do the work of the orthopaedic surgeon and so on.
Similarly in the field of Deen one cannot go to anyone or every one. One cannot place reliance on the ignorant and blind to lead the way. Deen is more important, for it means either success or disaster in this world and the Aakhiraat.
The piety, righteousness, reliability, authoritive nature and Ilm of the Imams of Jurisprudence is acclaimed and proven beyond a shadow of doubt. We, Muqaleeds, have placed our confidence in the fields of Ilm, as per instruction of the Quraan Aask the people of knowledge (who know), if you do not (know), i.e. Athe Imams of Jurisprudence.
2. Allaah says : A follow and obey Allaah and obey the Rasul, and those in authority amongst you.
(Nisaa – 89)
The commentators of the Quraan state concerning those in authority amongst you that..
1. In the best of times the rulers of the Muslim empire were also the supreme authority in Deeni affairs also, like the rule of Hadhrat Abu Bakr (R.A), Hadhrat Umar (R.A), Hadhrat Uthmaan (R.A), Hadhrat Ali (R.A), Hadhrat Muawiya (R.A).
They ruled as political administrators of the empire and their decisions concerning Islaamic Deeni matters were decisive and conclusive.
2. However due to the rulers becoming less knowledgeable in Deen, two separate departments arose;
a.) one for the rulers who controlled the political infra structure;
b.) one for Ulema who gave direction in every aspect of the empire and provided religious guidelines to the ruled and rulers.
3. Nevertheless, the authorities in Deen were held higher in status and position than the rulers. The decision of the Ulema will be final to all, the ruled and the rulers.
(Vol. 2 p. 210 – Akaam ul Quraan Abu Bakr Jassass).
Allaah is ordering us to obey the authorities in Deen. In both ayats, Allaah is not ordering us to commit kufr, shirk and bidat. So the concept to follow anyone other than Allaah and His Rasul (S.A.W) is kufr, etc is definitely false.
Taqleed in the Ahaadith
1. Nabi (S.A.W) when mentioning the group on Salvation stated Athat which I am upon and that which my Sahaabah (companions) are upon.
(Maktubat -e- Imam -e- Rabbani vol.1 p. 102 ; Tirmidhi Vol2. P89 ; Mustadrak Vol1 P 129; Mishkaat Vol 1 P 20).
Here Nabi (S.A.W) is classifying the Acriterions for salvation in all the worlds as the Sahaabah (R.A). They should be followed. By following them no kufr, shirk, bidat is committed. Besides following only Allaah and His Rasul, adherence to others is proven.
2. Nabi (S.A.W) said to a woman who enquired that on his demise who should she follow. The blessed reply was Abu Bakr.
(Mishkhat vol.2. p.555, Muslim vol.2 p. 273, Bhukhari vol. 1. p. 516)
On further enquiry she was told to follow Umar after Abu Bakr.
3. Follow Abu Bakr and Umar after me. said Rasulullaah (S.A.W) -
(Tirmidhi vol.2 p. 207, Ibn Maja p.10 , Mustadrak vol.3 p.75, Mishkaat Vol 2 p 50, Musnad Ahmed Vol 5 P 38).
4. I am pleased for you concerning that thing which Abdullaah bin Masood is pleased with stated Nabi (S.A.W). (Mustadrakh. Vol.2 p.319) The Taqleed of Abdullaah bin Masood (R.A) is called for by Nabi (S.A.W).
The basis of Hanafi Fiqh is Hadhrat Abdullaah bin Masood (R.A)
Is Nabi (S.A.W) ordering his Ummat towards kufr, shirk, bidat. (Allaah forbid and save us from the ignorant ones.)
Taqleed in the life time of Rasulullaah (S.A.W)
1. When Hadhrat Maaz ibn Jabal (R.A) was sent to Yemen
(Abu Dawood, vol.2. p. 149, Majmal Zawaid – vol.2 p. 451, Bukhari – vol. 2 p.997),
then the people of Yemen followed him, made his Taqleed in all matters. Matters pertaining to mundane affairs and issues concerning devotional practices also. Definitely rules and principles of Deen were not completed by then. So Hadhrat Maaz(R.A) utilized the facility of deduction by analogy within the Shariat, which the ghair Muqaleeds deny and reject. Whilst Hadhrat Maaz (R.A) was in Yemen and if a new problem or situation arose, how was the decision made?
In those days there was no sound transmission system, hi-tec transmitters, radios, satellite, e mail, cell – phones to contact Masjid -e- Nabawi (S.A.W) .
Did the people of Yemen commit kufr, shirk, bidat by making Taqleed of Hadhrat Maaz bin Jabal (R.A)?
Did Nabi (S.A.W) send Hadhrat Maaz (R.A) so that the people be involved in kufr, shirk, bidat ?
This Taqleed was taking place in the life time of Nabi (S.A.W).
2. Similarly, Nabi (S.A.W) sent Hadhrat Musaib bin Umayr (R.A) as the first teacher to Madinah at the request of the Madinates after the pledge of Aqaba.
(His grave lies along that of Hadhrat Hamza (R.A) in the graveyard of Uhud).
Whist Hadhrat Musaib (R.A) was in Madinah, who did the people follow?
Did Nabi (S.A.W) send Hadhrat Musaib (R.A) to teach and to be followed or just to teach ?
How could Hadhrat Musaib (R.A) contact Nabi (S.A.W) in Makkah if a new situation arose ?
Did Nabi (S.A.W) send Hadhrat Musaib (R.A) so that the people of Madinah may indulge in kufr, shirk, bidat ?
Did the people of Madinah, by making the Taqleed of Hadhrat Musaib commit kufr, shirk, bidat ?
This also took place in the lifetime of Nabi (S.A.W).
In both cases, we observe Taqleed being made of another person during the lifetime of Nabi (S.A.W), let alone after his demise.
TAQLEED OF THE FOUR IMAAMS
Did Rasulullaah (sallAllaahu alaihi wasallam) give an order to follow any of the four Imaams of Mazhab?
What an erroneous question! The question should be phrased thus Which proof from amongst the four valid proofs in the Shariah indicates making Taqleed of any of the four Imaams? From where did the leader of the Mas`oodi sect concoct such an silly and ignorant question? Firstly, one should understand the following: the basis of the Rawaafidh (Shia) sects Aqeedah (beliefs) is that their chosen Imaams are from Allaah Ta`ala, just as the Ambiyaa (alaihi salaam) are chosen by Allaah Ta`ala. The question put to them from the Ahle Sunnat Wal Jamaat, is AJust as the names and mantles of prophethood of the Ambiyaa are clearly given in the Qur`an Shareef and Ahadith, similarly, you should prove from the Qur`aan Shareef and Ahadith the mantle of Imaamat of your twelve Imaams, which you claim to have been given by Allaah Ta`ala.
This question of the Ahle Sunnat Wal Jamaat is completely correct and appropriate, because it is in conformity to their claim. However, the Rawaafidhis are 100% helpless in presenting an answer to this question, and they will remain helpless until the day of Qiyaamah, Insha-Allaahul Azeez.
Now, to hide their inability in presenting an answer to the question, they present such silly counter-questions, such as You show us your proof of making Taqleed of the four Imaams! This question is completely inappropriate, because the Ahle Sunnat Wal Jamaat does not hold belief in the four Imaam Imaams as do the Shias of their twelve Imaams. Nevertheless, the Ahle Sunnat Wal Jamaat says to them: AYour question is based on lies. Firstly, you should prove from our reliable Kitaabs that we believe that the four Imaams are also chosen by Allaah Ta`ala. However, they cannot substantiate their false claim. Their question has no relevance to our claim.
The founder of the Mas`oodi sect also held similar beliefs as the Rawaafidhis, that the Imaams are chosen by Allaah Ta`ala, hence he seeks from us proof for the four Imaams from Qur`aan Shareef and Ahadith. Our reply to him is the same as it is to the Rawaafidhis: AFirstly you should prove, from our reliable Kitaabs, that we hold the same beliefs regarding our Imaams as you hold regarding your twelve Imaams. Since your belief is that the twelve Imaams are specially chosen by Allaah Ta`ala, it follows that, you must be able to present reliable proof from the Qur`aan Shareef and Ahadith that they are as such and that an order has been given for us to follow them and accept them.
Also, those whom you (Ghair Muqalliddeen) accept as being (valid) Imaams, like Imaams Abdullaah bin Mubarak, Shafi, Daar Qutni, Baihaqi, Ahmed bin Hambal, Yahya bin Adam, Abu Haatim and Haakim (rahmatullahi alaihim), in which Hadith has Nabi (sallAllaahu alaihi wasallam) given an order to follow them?
If rejection of Taqleed is based on this premise, that Nabi (sallAllaahu alaihi wasallam) has not expressly sanctioned the Imaams, then tell us, the seven different types of Qiraat of the Qur`aan Shareef, which is accepted throughout the Islaamic world; in which authentic Hadith are all these different types and their correct recitals stated?
If anyone from your sect has an eighth Qiraat, then present an authentic Hadith, which has an unbroken chain of narrators to substantiate it. Or are you going to reject the recital of the Qur`aan Shareef also upon this principle of yours?
If rejection of Taqleed is based on this premise, that the names of the four Imaams are not stated in any Hadith, then tell us, does the names of Imaams Bukhari, Muslim, Tirmidhi, Abu Dawood, Nisai and Ibn Maajah (rahmatullahi alaihim), appear in any of these six Authentic Kitaabs of Hadith? If not, then according to your logic, these personalities and their Kitaabs should also be rejected.
Show us from an authentic Hadith, that Rasulullaah (sallAllaahu alaihi wasallam) has forbidden the following of the four Imaams of Fiqh.
TAQLEED DURING THE ERA OF THE SAHABAH (radhiAllaahu anhum) AND THE TAABI`EEN (rahmatullahi alaihim)
Whose Taqleed did the Muslims that existed prior to Imaam Abu Hanifah (rahmatullahi alaihi) make?
ANSWER: And it is not (proper) for the believers to go out to fight (Jihaad) all together. Of every troop of them, a party should go forth, that they (who are left behind) may get instructions in (Islaamic) religion, and that they may warn their people when they return to them, so that they may beware (of evil). [Surah Tawbah, Aayat 122]
From this Aayat of the Qur`aan Shareef, we note that Allaah Ta`ala deemed it inappropriate that all the Sahabah (radhiAllaahu anhum) go out for Jihaad. From every group amongst them, a few must remain behind and acquire Deeni knowledge. When the others (who went out on the Jihaad expedition) return, then those who remained behind, should educate them.
In this Aayat, the word Taa`ifah (group), could apply to one person, two persons or many people. And Taa`ifah is a noun which refers to one, two or more.
[Noorul Anwaar, page 177].
The second word in this Aayat, is Fiqh. Its meaning is A to split open [Kasshaaf/ Shaami]. That is to open up the meanings. Some Masaa`il are such that the meaning and import is clearly denoted in the literal text, whereas some Masaa`il are such that their meaning and import is to be extracted by analogy and investigation.
It is apparent that there existed two groups from amongst the Sahabah (radhiAllaahu anhum). One was the small group of Fuqaha, which comprised of some persons from each tribe. They acquired the knowledge of Fiqh and imparted it to others. Nabi (sallAllaahu alaihi wasallam) used to encourage this group by saying: AHe for whom Allaah Ta`ala wishes good, HE grants him Fiqh (understanding) in Deen.
For whoever Allaah Ta`ala wishes good, HE makes that person a Faqhi. A Faqhi is one who makes Ijtihaad and Istinbaat (analogy and investigation). A Faqhi is not a Nabi nor is he sinless. Nabi (sallAllaahu alaihi wasallam) used to encourage them and say that they were receiving reward from Allaah Ta`ala in all conditions. If they were correct in their judgements, then they would receive double reward and if they erred then they would receive one reward.
Therefore what reason was there for them to fear? There was another large group of Sahabah (radhiAllaahu anhum) who remained in the service and presence of Nabi (sallAllaahu alaihi wasallam).
Rasulullaah (sallAllaahu alaihi wasallam) used to send these Faqhis into their tribes and their people used to ask Mas`ala Masaa`il from them. This is called TAQLEED. There appear thousands of Masaa`il and Fataawa from these Fuqaha Sahabah (radhiAllaahu anhum), which are reported in Kitaabs such as AMusannif Abdur Razzaaq, AIbn Abi Shaibah, etc. In these Kitaabs only the Mas`alas are reported. No mention is made of the proofs. There were also no objectors or sceptics to these Masaa`il. All these Masaa`il are reported with numerous narrators from amongst the Sahabah (radhiAllaahu anhum). It is therefore apparent that even the Sahabah (radhiAllaahu anhum) consented and approved these Masaa`il. TAQLEED was practised during the era of the Sahabah (radhiAllaahu anhum), and there was not a single Ghair Muqallid. It is ascertained from the kitaabs of history that at least one person was sent from every tribe to acquire knowledge, and the entire tribe would seek Fataawa and rulings from this one person. This is known as TAQLEED-E-SHAKHSI.
Hadhrat Shah Waliullaah (rahmatullahi alaih) states: AThe Sahabah and Taabi`een were not all of the same rank and standing. In fact some of them were Mujtahid and others were Muqallid.
[Qurratul Ainain, page 251].
Rasulullaah (sallAllaahu alaihi wasallam) sent Hadhrat Ma`aaz (radhiAllaahu anhu) to Yemen, where he applied Ijtihaad to solve many Masaa`il. The entire population of Yemen, made TAQLEED-E-SHAKHSI of Hadhrat Ma`aaz (radhiAllaahu anhu). There is absolutely no record of any person who was a Ghair Muqallid at that time or someone who objected to this set-up.
Whenever Hadhrat Abu Bakr (radhiAllaahu anhu) gave a Fatwa, he made it clear that it was his Ijtihaad and view [Jaami`u Bayaanul Ilm, page 51, vol.2]. The people followed these rulings of Hadhrat Siddeeq-e-Akbar (radhiAllaahu anhu). This is known as TAQLEED. There is no mention made in any Kitaab about even one objector or rejecter of this.
Hadhrat Umar (radhiAllaahu anhu) also gave Fataawa from his Ijtihaad and view [Mizaanul Kubra Li Sha`rani, page 49, vol.1]. He sent a message to his judges that they also make Ijtihaad when passing a ruling (which was not clearly found in the Qur`aan Shareef, Ahadith or amongst the senior Sahabah)
[Jaami`u Bayaanul Ilm, page 56, vol.2].
There is no mention made in any Kitaab about even one objector or rejecter of this.
Hadhrat Uthmaan (radhiAllaahu anhu) took pledge of Khilaafat, on the condition that he follow (make TAQLEED) of the previous Khalifahs.
[Sharah Fiqh-e-Akbar, page 79].
Hadhrat Ali (radhiAllaahu anhu) used to say AI am making Ijtihaad on my view. [Ibid].
Hence, many of the Fataawa of the Khulafah-e-Rashideen appear in AMusannif ibn Abi Shaibah, wherein no mention is made of their proofs, nor was there ever any objectors or rejecters, neither did any of the followers seek proof. This is known as TAQLEED.
Just as there is no name, mentioned anywhere, of any Ghair Muqallid that existed during the 23 years of Nabuwwat, so too is there no name of any person who was a Ghair Muqallid during the entire 30 years of Khilaafat-e-Raashida.
Hadhrat Imaam Ghazali (rahmatullahi alaih) states that TAQLEED is proven from the Ijma of the Sahabah (radhiAllaahu anhum), because they used to give Fataawa to the masses (for which they provided no proofs). They did not order the masses to make their own Ijtihaad.
[Al-Mustasfa, page385, vol.2].
Hadhrat Shah Waliullaah Muhaddith Dehlwi (rahmatullahi alaih) states: Then the Sahabah dispersed into the villages/cities/countries. Each one of them became the Muqtada (one who is followed) of these respective places. He also mentions that these Sahabah (radhiAllaahu anhum) used to pass Fataawa from their own Ijtihaad and views.
[Al-Insaaf, page 3].
The inhabitants of Makkah Mukarrama used to make TAQLEED-E-SHAKHSI of Hadhrat Abdullaah ibn Abbaas (radhiAllaahu anhuma). Many of his Fataawa are listed in AMusannif Abdur Razzaaq and AMusannif Ibn Abi Shaibah.
The Fataawa of Hadhrat Zaid bin Thaabit (radhiAllaahu anhu) was followed in Madinah Munawwarah. Whatever Fatwa he gave he used to say: AThis is my view.
[Jaami`u Bayaanul Ilm, page 58, vol.2].
The Fataawa of Hadhrat Anas (radhiAllaahu anhu) was followed in Basra. Many of his Fataawa are also stated in AMusannif Abdur Razzaaq and AMusannif Ibn Abi Shaibah, where no proofs are mentioned. The inhabitants of Basra used to follow him to the letter without any objections and they made TAQLEED-E-SHAKHSI of him.
The Fataawa of Hadhrat Abdullaah bin Mas`ood (radhiAllaahu anhu) was followed in the Daarul Uloom of Kufa. He used to give Fataawa from the four sources of Fiqh (Adilla Arba`a)
[Nisai, page 264].
In most of his rulings he used to say: AI am giving this ruling according to my view.