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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.

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on discharges two or three days before the expected period of menstruation and the light-colored blood accompanying it? Must the woman abstain from prayer during this period?

If the total duration of these blood-tinged discharges reaches a day and a night (24 hours) or more, it is considered menstruation. If their total does not exceed 24 hours, it is not considered menstruation but is irregular bleeding (dam al-fasad). Each woman has specific cases for which she should ask the scholars. And Allah the Almighty knows best.

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

What is Tarawih prayer?

Tarawih prayer is the night prayer (Qiyam) performed during the month of Ramadan. It is called "Tarawih" because Muslims used to prolong the standing (qiyam) in it and take brief rests after every four rak‘ahs.

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

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