Skip to main content

Q&A: Is there a Clear Statement Where Taqleed for more than One Mujtahed is Forbidden

بسم الله الرحمن الرحيم

Question & Answer:

Is there a Clear Statement Where Taqleed for more than One Mujtahed is Forbidden

Question:
Is there a clear statement for the issue where taqleed for more than one mujtahed is forbidden? Then how will I know that this is one issue or more? May Allah reward you.

Answer:

In al-Shakhsiyya Volume One in the chapter: Moving (tanaqqul) from one mujtahid to another, [p. 234-5 (Arabic) and p.188 (English edition)], the following is mentioned:

"But it should be clear that the issue where it is permissible for him to leave the ruling that he used to follow to another ruling, it is required that the issue is separated from any other issues, and that leaving it is not consequent to affecting other provisions of legitimacy. However, if it was related to another issue, then it's not permissible for him to leave it until he leaves all the issues related to it because it it considered all one issue. For example, it was a condition for another ruling or one pillar of the pillars of a complete work, as praying, making wudoo', and the pillars of prayer. It's not permissible to those who follow al-Shafi'i, for example, to follow Abu Hanifa in his opinion that touching a woman does not break the wudoo' and continue praying following the Shafi'i mazhab. It is not permissible to follow who says that moving as much as you want during prayer does not invalidate the prayer or who say reading al-Fatiha is not one of the pillars of prayer, and then continue praying following who says that moving a lot invalidates the prayer or reading al-Fatiha is one of the pillars of prayer. The ruling that is permissible to leave is the one that does not affect other actions that are performed within other provisions of legitimacy." It is clear from all that the definition of an issue depends on its separation from others, and that it's not consequent to affecting other provisions of legitimacy, so that it won't be a pillar, a condition of establishment, or a condition of validity for another rulings, because at this time it won't be separated from others.
And we can clarify this more as follows:

Defining the issue: what is meant by the issue is every action or group of actions that nothing depend on it for its truthfulness. Whereas part of the issue is every action that is inevitable to achieve its validity as conditions and pillars.

Examples:
  • Al-Wudu': actions where others depend for their validity on them because the validity of prayer depends on wudu'. For that, the wudu' is not an issue, according to the definition, but it is considered a part of the prayer that is inevitable to achieve its validity.
  • Prayer: actions that no other actions depend on it for their validity, so it is an issue. Everything that is inevitable to achieve its validity is considered a part of prayer, such as: the pillars, and the conditions of validity like purity (tahara) and facing the Qibla.
  • Intention in fasting: an action on which the validity of another action depends on it, as the validity of fasting depends on the intention; for that, the intention is not an issue but part of another issue.
  • Fasting: an action that nothing depend on it for its validity, so it is an issue, and everything that is inevitable to achieve its validity is considered part of it, such as: the intention and refraining from things that break the fasting.
If somebody follows a Mujtahed in praying, then he should follow this Mujtahed in all its parts like wudu', purifying filthiness (tahara), Qibla, and the pillars of prayer. If somebody follows a Mujtahed in fasting, then he should follow this Mujtahed in all its parts like the intention, the wujoob of making it everyday or for the whole month, the timing of the intention during the day or at night, matters that void fasting, and the license when to break fasting. But it is permissible follow a Mujtahed in another issue.

This is as long as the person is a Muqaled (a learned follower), but whenever he has the capability to judge the evidences, it is permissible for him to abandon the Mujtahed that he followed and follow the strongest evidence.

I hope that I clarified this issue, and Allah is the Guide and Sustainer.

23 Shawwal 1433
09/06/2012

Source

Comments

Popular posts from this blog

An advice to Muslims working in the financial sector

Assalam wa alaikum wa rahmatullah wabarakatahu, Dear Brothers & Sisters, We are saddened to see Muslims today even those who practise many of the rules of Islam are working in jobs which involve haram in the financial sector. They are working in positions which involve usurious (Riba) transactions, insurance, the stock market and the like. Even though many of the clear evidences regarding the severity of the sin of Riba are known, some have justified their job to themselves thinking that they are safe as long as they are not engaged in the actual action of taking or giving Riba. Brothers & Sisters, You should know that the majority of jobs in the financial sector, even the IT jobs in this area are haram (prohibited) as they involve the processing of prohibited contracts. If you work in this sector, do not justify your job to yourself because of the fear of losing your position or having to change your career, fear Allah as he should be feared and consider His law regard

Q&A: Age of separating children in the beds?

Question: Please explain the hukm regarding separation of children in their beds. At what age is separation an obligation upon the parents? Also can a parent sleep in the same bed as their child? Answer: 1- With regards to separating children in their beds, it is clear that the separation which is obligatory is when they reach the age of 7 and not since their birth. This is due to the hadith reported by Daarqutni and al-Hakim from the Messenger (saw) who said: When your children reach the age of 7 then separate their beds and when they reach 10 beat them if they do not pray their salah.’ This is also due to what has been narrated by al-Bazzar on the authority of Abi Rafi’ with the following wording: ‘We found in a sheet near the Messenger of Allah (saw) when he died on which the following was written: Separate the beds of the slave boys and girls and brothers and sisters of 7 years of age.’ The two hadiths are texts on the separation of children when they reach the age of 7. As for the

Q&A: Shari' rule on songs, music, singing & instruments?

The following is a draft translation from the book مسائل فقهية مختارة (Selected fiqhi [jurprudential] issues) by the Mujtahid, Sheikh Abu Iyas Mahmoud Abdul Latif al-Uweida (May Allah protect him) . Please refer to the original Arabic for exact meanings. Question: What is the Shari’ ruling in singing or listening to songs?  What is the hukm of using musical instruments and is its trade allowed? I request you to answer in detail with the evidences? Answer: The Imams ( Mujtahids ) and the jurists have differed on the issue of singing and they have varying opinions such as haraam (prohibited), Makruh (disliked) and Mubah (permissible), the ones who have prohibited it are from the ones who hold the opinion of prohibition of singing as a trade or profession, and a similar opinion has been transmitted from Imam Shafi’i, and from the ones who disliked it is Ahmad Ibn Hanbal who disliked the issue and categorised its performance under disliked acts, a similar opinion has been tran