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Understanding Taqlid by Mufti Muhammad Sajaad

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2: The Evolution Of Taqlīd<br />

VVThe Hanbali scholar Imam ‘Ala al-Din al-Mardawi in his<br />

major Juristic compendium Al-Insaf, cites the statement of the<br />

famous scholar Imam Al-Wazir ibn Hubaira (died 560 ah):<br />

“Consensus has been established upon taqlīd of every one of<br />

the Four Schools and that the truth does not lie outside of<br />

them.” Vol.11 p.169 (Dar al-Kutub al-‘Ilmiyyah).<br />

VVThe great authority in Usul Imam Āmidi writes in Al-Ihkam<br />

fi Usul al-Ahkam:<br />

“The layman and anyone who is not capable of ijtihād, even if he<br />

has acquired mastery of some of the disciplines (Ulum) related<br />

to ijtihād, is obligated (yalzimuh) with following the positions of<br />

the Mujtahid Imams and taking his juristic opinions and this is<br />

the view of the experts from the scholars of the principles (Al-<br />

Muhaqqiqin minnal-Usulyyin). It was the Mutazila of Baghdad who<br />

prohibited that except if the soundness of his ijtihād becomes<br />

clear to him.” (vol.4, p.278)<br />

VVImam Badr al-Din al-Zarkashi states in<br />

Al-Bahr al-Muhit,<br />

“There has been established a consensus amongst the Muslims<br />

that the truth is restricted to these (four) schools. This being<br />

the case it is not permitted to act upon an opinion from other<br />

than them. Nor is it permitted for ijtihād to occur except<br />

within them (i.e. employing their principles (that is the tools of<br />

interpretation).” (vol.6 p.209)<br />

VVImam Zahid al-Kawthari, Hanafi jurist and senior juridical<br />

advisor to the last Shaikh al-Islam of the Ottoman Empire,<br />

wrote in an article against the growing modern trend of non-<br />

Madhabism, entitled Al-Lā Madhabiyya Qantara al-Lā Deeniyya<br />

37

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