TAQLEED DURING THE ERA OF THE SAHABAH (radhiAllaahu anhum) AND THE TAABI`EEN (rahmatullahi alaihim) QUESTION: 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 ATo 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. [Bukhari]. 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. [Bukhari]. 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 ofYemen, 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. [Jaami`u Bayaanul Ilm, page 58, vol.2]. Many of his Fataawa are mentioned in the Kitaabs of Hadith. His Masaa`il are given without mentioning any proof, and everyone followed him without any objection. This is known as TAQLEED-E-SHAKHSI. The Fataawa of Hadhrat Abu Darda (radhiAllaahu anhu) was followed in Damascus. Whatever Fatwa he gave he used to say: AThis is my view. [Jaami`u Bayaanul Ilm, page 58, vol.2]. Many of his Fataawa are mentioned in the Kitaabs of Hadith. His Masaa`il are given without mentioning any proof. It is evident that the era of the Sahabah and the Taabi`een was an era where Ijtihaad and TAQLEED was the order of the day. There was not even one Ghair Muqallid present in that era. Hadhrat Shah Waliullaah Muhaddith Dehlwi (rahmatullahi alaih) states: AFrom amongst the Taabi`een, every Aalim had his own Mazhab, and he was an Imaam. In every locality an Imaam of a Mazhab was established. [Al-Insaaf, page 6]. That is in every locality, the people followed that Imaam. This is known as TAQLEED-E-SHAKHSI. Hadhrat Shah Waliullaah Muhaddith Dehlwi (rahmatullahi alaih) states: AWhen there was a difference of opinion between the views of the Sahabah or the Taabi`een in any Mas`ala, then every Aalim of a particular locality would make a ruling which was applicable for that particular place. [Ibid, page 7]. This is known as TAQLEED-E-SHAKHSI. During the era of the Taabi`een, many people used to go to Makkah Mukarrama for Hajj. The Khalifah of the time would make the following announcement: ANo one is to pass a Fatwa except these two Imaams (Hadhrat Ata bin Abi Rabaah and Hadhrat Mujaahid (rahmatullahi alaihima). Thousands of the Fataawa passed by these two personalities appear in AMusannif Abdur Razzaaq and AMusannif Ibn Abi Shaibah. There are no proofs which are mentioned with these rulings. All the Taabi`een and the Tab`e Taabi`een (rahmatullahi alaihim) used to practice upon these Masaa`il, without any objection or question. Hadhrat Shah Waliullaah Muhaddith Dehlwi (rahmatullahi alaih) states: AHow could there be any objection to this Taqleed, when the practice of Muslims seeking Fataawa was in practice from the time of Nabi (sallAllaahu alaihi wasallam). And there is no harm in that Fataawa are always sought from one person only (TAQLEED-E-SHAKHSI), or that Fataawa are sought from others. This practice of seeking Fataawa and practising thereupon, is authenticated by consensus (Ijma). Khalifah Abdul Malik sought the names of the Ulama in the various cities during his era, from Hadhrat Ata and Zuhri (rahmatullahi alaihima). They enumerated the following: I. Hadhrat Ata bin Abi Rabaah in Makkah Mukarrama II. Hadhrat Naafi Mowla ibn Umar in Madinah Munawwarah III. Hadhrat Hassan Basri in Basra IV. Hadhrat Ebrahim Nakha`i in Kufa V. Hadhrat Taawoos in Yemen VI. Hadhrat Yahya bin Abi Katheer in Yamama VII. Hadhrat Makhool in Shaam VIII. Hadhrat Maimoon bin Mehraan in Iraq IX. Hadhrat Dahaak in Khuraasaan These were the Fuqaha of these cities [Ma`rifatul Uloomul Hadith, page 198]. In every city, the inhabitants made TAQLEED of a particular person. Many of their Fataawa, without proofs are mentioned in AMusannif Abdur Razzaaq and AMusannif Ibn Abi Shaibah. It is apparent that these personalities gave Fataawa without explaining the reasons and proofs thereof. Their followers practised thereupon without seeking any proofs. This is known as TAQLEED-E-SHAKHSI. Hadhrat Shah Waliullaah Dehlwi (rahmatullahi alaih) reports from Sheikh Izzud Deen bin Abdus Salaam (Rahmatullahi alaih): AAll the people from the time of the Sahabah until the era of the four Imaams used to make TAQLEED, and no prominent and reliable person ever objected to this. If this (TAQLEED) was Baatil (false), then the Sahabah or the Taabi`een would most surely have objected to it.2 [Aqdul Jayyid, page 36]. Imaam Muzni (rahmatullahi alaih) states: AAll the Fuqaha, from the time of Nabi (sallAllaahu alaihi wasallam) upto the present time, have been making Qiyaas in Deeni matters. They have reached a consensus that the Haqq is theorised and parallelled upon Haqq, and Baatil upon Baatil. [Jaami`u Bayaanul Ilm, page 66, vol.2]. To comply with the Fiqhi rulings of the Fuqaha, is known as TAQLEED. The summary of the foregoing is that TAQLEED of the Fuqaha and the Mujtahiddeen, has been practised upon by this Ummat from the time of Nabi (sallAllaahu alaihi wasallam). To reject this is to reject the unbroken chain of narrators, via whom this information reached us. There is no Kitaab of Hadith which was compiled by any Sahabah or Taabi`een, which exists today. Yes, the Hadith Kitaabs which exist today have been compiled by those who came after the Sahabah and the Taabi`een, and these Kitaabs are being used as references. For example, we say: ANarrated by Bukhari, ANarrated by Muslim, etc. Whereas, prior to the coming of the Sihah Sitta (six authentic Kitaabs of Hadith), no one mentioned: ANarrated by Bukhari or ANarrated by Muslim. There does not exist today a complete set of any of the Fataawa of any Sahabi or Taabi`e, which is authentically reported. Yes, the four Imaams of Fiqh have based their respective Mazaahib upon the Fataawa of the Sahabah and the Taabi`een. Hence, nowadays we say, in substantiation of a Mas`ala: AImaam Abu Hanifah (rahmatullahi alaih) said.. or AImaam Shafi (rahmatullahi alaih) said...
Posted on: Sun, 21 Jul 2013 03:35:50 +0000
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