Sunday, September 22, 2013

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

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