Definition of Al-Taklid and Al-Ittiba’:

Literally, al-taklid means to bind on neck. For example, tie the animal that need to be
sacrificed during hajj, which is put the tie on the neck of those animals.

Technically, al-taklid is taking others view without knowing the evidence and its strength.
For example, applying the ablution to the half of the head because of taklid with the vies of
Imam Al-Syafi’I or views that a marriage can be fasakh1 due to some defect or
embarrassment according to the views of mujtahid2 who said so without knowing the decree
and the strength of the evidence.

Al’ittiba’ is a way of followers (al-tabi’) which is following the path for those who followed
(Al-matbu’) and he is deriving a ruling from that evidence through the manner that has been
taken by the person that he is followed.

Background of al-Taklid

Al-taklid phenomenon happened as early as 4th Century of Hijrah. Al-Syawkani said that “Al-
taqlid is never happened except during the end of the best century which is during the era of
four Imams”.

This phenomenon has led to the disunity and backwardness. It led to the exclusion of all
forms of ijtihad and resulted in a distinctive in each mazahib3. Process to complete the Fiqh is
merely in form of review to the previous works in fiqh and more emphasized in individual
fiqh. Hence, the dynamic of fiqh was appeared and due to that, most of the rulings cannot be
accepted in the existing form anymore.

Emergence of Al-Taqlid

The four mazahib at that time was set aside all forms of ijtihad and all agreed in a resolution
to close the door of ijtihad. They gave the excuse that all issues have been raised and
expressed, therefore, there is no need for ijtihad. Due to this, every Muslim should only
follow one particular mazhab. This concept has become strong stake among people as well as
the jurists. Due to this, any form of ibadah in Islam is only limited to the four schools of

1
Annulment of marital contract by the judge after the wife has applied to her husband for her remedy to be
granted.
2
Juridical endeavour and competence to infer expert legal rulings from foundational proofs within or without
particular schoolof law.
3
School of thought; Maliki, Hanafi, Shafiie, and Hanbali
thought i.e. Hanafi, Maliki, Syafi’I and Hanafi. These mazahib has been considered as a
manifestation of what is on all the Muslims and it is believed that, there are the only true and
fair mazahib that represent Islam as the religion although there are certain different views
about certain thing between the mazahib.

Obsessed or taqlid to the four mazahib lead to:

1) Considering that the mazhab that he is following is the only true mazhab.

Those who refused to follow particular mazhab considered as apostate. Even those
who is changing their mazhab from one to another mazhab shall be punished
according to the local judge. In Hanafi’s mazhab, law was created that those who is
Hanafis cannot get married with a woman from Syafi’is. There is also the case where,
the followers of the mazahib refuse to make solat behind the Imam that followed
different mazhab. This kind of situation causes some different spaces in Masjidil
Haram itself. Meanwhile, there are quite number of scholars who interpreted some
hadith as if the Prophet Muhammad (P.B.U.H) has anticipated about the birth of their
Imams as well as their mazahib.

2) No encouragement of ijtihad

Although some of the scholars during this period has reached the level of mujtahid,
but they are scared to do ijtihad independently due to several reasons. Among them
are, those who claimed themselves as mujtahid, they’ll be criticized by the society and
will be accused doing bidaah4. Then, they keep on silent and take the attitude not to
go out from the mazhab that they are following except for a few numbers of scholars
like Ibn Taymiyah and Ibn Qayyim al-Jawziyyah who are brave enough to call upon
ijtihad and criticized the attitude of taqlid.

3) Closing the chances for Ijtihad

Originally, the chances to make ijtihad been closed to restrict certain groups who are
not qualified to give fatwa or any opinion regarding the rulings because it might lead

4
Invention of new things in ibadah
 people to get confuse. This approach can be referred as Sadd Az-zarai’i5, from one
side, it can prevent dispute in fatwa among the scholars and the other side, and it can
prevent our practice inconsistency with shari’ah. Unfortunately, this approach has
been maintained which closed the wide chances for the scholars to make ijtihad.
Unfortunately, this approach was maintained which make caliber scholars didn’t have
broad chances to make ijtihad.

4) Transition made by the scholars from studying the original source to study the fatwa
made by their Imam.

Instead of debating about the source of law directly from creating rules or principles
of ijtihad to derive the rulings, they make a review regarding defect (‘illah), the ruings
that has been established by mujathid, understand principles of ijtihad of Imam of the
mazhab and compare them with other Imams, interpret narration from various
mazhab. This research has been done by the scholars from fifth century up to seventh
century of Hijra. During that time, most of the scholars didn’t get the moral support
from society to conduct independent research. If it is exists, it will be a criticism for
majority of the scholars whose pro to taqlid to certain mazhab (taqlid madhhabi). For
example, in a structure of mujtahid, there is a level of ijtihad so called ijtihad fi al-
madhhab. Mujtahid of this level will study the argument and fatwa or even try to
come out with different view from the scholars so that the evidence will be found out.
For him, arguments and evidence from previous of Imam mazhab is a priority in his
finding as those evidence form Quran and Sunnah and then it became reference for
those scholars. Due to that, the status of mazhab of Fiqh that has been practiced
became stronger. While the research activities about rulings on shariah and ijtihad
were given less attention.

5) Writing of fiqh was given so much priority and its methods were deviated. The jurists
who were only provided rulings as much as they could from the Imam of the mazhab
specifically, or other mazhab to make comparison and called it as Fiqh. Fiqh can be
defined as knowing the rulings regarding our practice from the specific evidence
which is not representing the spirit of ijtihad during the time of taqlid. The tendency

5
Blocking the means of evil
 in writing fatwa or verdict and ruling by the school of thought gave the negative input
to the writing of Fiqh, until it can be known as knowledge about rulings and fatwa by
Imam Mazhab except for rulings that to be found from its evidence directly. Hence,
there are a lot of books of Fiqh which contain a lot of fatwa but there were unattached
of the methods of reasoning. Sometimes there did not mention the arguments or
evidence that can convince the readers.

This method is totally different with the pattern of studying Fiqh during the time of
emergence of Mazhab. There were conducted by dialogue, discussion among teachers
and friends. For example, Hammad Ibn Sulaiman, who was the teacher of Imam Abu
Hanifah thought him only three problems of Fiqh per day. Same goes to methods of
studying Fiqh by Abu Hanifah with his student Abu Yusuf and Zufar. An intellectual
discussion was took place among them. It can be seen that, the pattern to study Fiqh
can make the function of Usul Fiqh clearly in analyzing the criticism to the fatwa
given. However, the writing of Fiqh during the period of Taqlid, people were not
given chances to examine into more detail with the arguments of the previous jurist.
In addition, this situation showed that the later scholars didn’t put their effort to make
usul fiqh as one of the field that analyze certain cases and put into conclusion in
particular rulings. This made studies of Usul Fiqh separated with the study of Fiqh.

6) Writing of Usul Fiqh was in stereotype with the same and repeated examples:
The discussion about the disagreement sources of ijtihad for example al-masalih al-
mursalah and al-istihsan were not given clear explanation in terms of scope,
conditions and consideration that need to be accounted in its application. Scholars
whose are rejected al-masalih mursalah had set a strict conditions and it has been
argued previous scholars. Same goes to the example that ‘non-muslim make Muslim
as a fortress during the war’ (Tatarrus al-kuffar bi al-muslimin) as a recommended
things to practice. This example is very difficult to make similar with the other current
issues which are needed because it involved public interest.
 Chances for al-Taqlid

Al Taklid, branches of its questions:

Ruling regarding the practical rulings that are found in speculative is a chance that
needs to be an ijtihad or ruling abaout taqlid. The scholars have different view
regarding these branches of taqlid:

1. Zahiriyyah and Mu’tazili Baghdad and part of Imamiyah stated that ijtihad is a
must and taqlid is not necessary. Therefore, every mukallaf 6 need to make ijtihad
for himself in his religious affairs and practice whatever that reach with his ijtihad.
Due to this, Ibn Hazm stated that:

“In syariah, all taqlid are haram, from the beginning to the end in Tauhidic manners,
prophetic, pre destiny, faith, promise, leadership and over practice in all their ibadah
as well as rulings”

2. Al-Hasyawiyyah and Al-Ta’limiyyah stated, interpreting and ijtihad is not a must.

But taklid is necessary to all people, whether they are able to make ijtihad or not,
in fact taqlid is compulsory after the period of mujatahidun.

3. Those who were following the four Imams hold the view that, ijtihad is not
prohibited; however, taklid is make haram upon mujtahid. However, it’s
compulsory to the public that are having incomplete capacity to make ijtihad
though he is a pious. This view is more valid.

This group argues with the:

1. Allah says:

“If ye realise this not, ask of those who possess the Message.” (an-nahl:43)

This evidence is something common to everyone who brought his speech and things
that he did not know because this is associated with the reason. Thus, when there is
situation that we don’t know what it is, we are told to ask anybody who posses

6
Meaning mukallaf: One who is competent enough to be responsible for religious duties,
 knowledge. The lowest degree of Allah command is asking because it is
recommended.

2. Consensus of companions and successor issued a fatwa to the public who were
asking them about the ruling regarding certain issues arised, they don’t ignore or
prevent public from asking questions. They were also not told to reach the level of
ijtihad.

3. Logically, ijtihad is something like professionalism that can only be mastered only
by few people. If it is liable to everyone, it will be a responsibility that they are
unable to bear with. This is forbidden in syariah, which Allah says:

“On no soul doth Allah place a burden greater than it can bear.” (Al-Baqarah: 286)

From different point of view, people are given responsibility with the rulings and to
reach the level of mujtahid is very difficult because they will prepare themselves with the
deeper studies. This will make their works being ignored. While Allah already mentions that

“He has chosen you and has imposed no difficulties on you in religion” (Al-Hajj:78)

Forms of Taqlid

1. Al-Taqlid al-Mahmud (Honoured taqlid)

Taqlid for those who are unable to make ijtihad due to reach the rulings that are
unreachable to himself. Therefore, they don’t have any other options except following
what have been indicated by Ahl al-Nazar and Ahlu al-ijtihad.

2. Al-Taqlid al-Madhmum (Condemned taqlid)

There are three forms:
a. Taqlid that contains what is against with what has been revealed by Allah. For
example, taqlid to their ancestors and leaders.
b. Taqlid to those who are unknown by muqallid (people who make taqlid) who are
intend to take the opinion from them.
c. Taqlid that have been done after come out with arguments and evidence for those
who is disagreed with the people that he taqlid with.
 These three forms of taqlid are prohibited; in fact the four Imams criticize for
those who take their views without any arguments or evidence. For example,
Imam Al-Syafie said:

“those who seek knowledge without argument is as a collector of wood at

night that bear bundles of wood, while inside there is a
snake who will peck him, but he is unaware about it”

Who can make taqlid?

Majority of Usul scholars stated that those who can make taqlid are the whole public people.
They must have taqlid in the branches of shari’ah that are related in a speculative way, in
fact it is also including the knowledgeable people who know the part of the knowledge that to
be considered in ijtihad, however he did not reached the level to make ijtihad.

Relationship between Muqallid and certain mazhabs

The scholars have different views whether it is compulsory for Muqallid to be bound only
with certain mazhabs.

1. Some of them said that, it is compulsory to follow only one particular mazhab
because if his i’tiqad is true, therefore it is compulsory for him to practice what he is
i’tiqad with.

2. While some others stated that, it is not compulsory to have taqlid with particular
Imam for every issue and problem. It is recommended to have taqlid to the any Imams
that he likes. If he chooses with one particular mazhab, like Mazhab Abu Hanifah or
Syafie, he can’t continously only follow these two mazhabs. It is recommended to
practice any other mazhabs. He can’t make upon himself something compulsory
because Allah and His prophet don’t do so.
This is because Allah is not burden us with only one particular mazhab, but Allah
make compulsory upon us to follow knowledgeable people without mentioning any
other scholars. This is what have been understood with Allah says:

“If ye realise this not, ask of those who possess the Message.” (an-nahl:43)
 In history, those who are for fatwa (al-mustafti) during the time of companions and
successor were not bind only with one particular mazhab, but they were asking
questions for those who can answer without bind themselves with anybody or any
particular group and nobody is against this kind of attitude. Therefore, this was their
consensus that muqallid should not bind with only one particular mazhab in every
problems or issues arised.

Al-Amidi and Kamal ibn Al-Humam stated that:

“If he is practicing few things and binding with one particular mazhab, therefore it is
not recommended for him to have taqlid with others pertaining those issues. If he does
not practice with the others, therefore it is recommended for him to follow others
because syari’ah make compulsory upon us to follow any scholars without focusing
only to one scholar.”

Al-Talfiq

Literally, al-Talfiq means to gather or merge between two ends of cloth to be sewn.
Technically, al-Talfiq means to gather two views or mazhabs in problems arise until
the rulings certain concepts can be derived it, while those mazhab are not having the
views in that problems, but both are not recognized such kind of practice.

Examples:
Someone who is taking ablution with applying only part of the head as to follow
Imam Syafie school of thought, then he touch a woman (ajnabiyyah)7 and thought that
he is still have wudhu’ because of his taqlid with Imam Hanafi school of thought.
Therefore, this taqlid is invalid because he merge (talfiq) in these taqlid two opinions
that create a fact that both of the two Imams are not recognized about the validity of
his prayer. This is due to the fact that al-Syafie considered that ablution will be invalid
if man touches an ajnabiyyah while Abu Hanifah is not recommended because he did
not applying the ablution a quarter of his head. Imam Malik and Imam Ahmad bin
Hanbal also did not recognize because did not applying the ablution for the whole of
his head.

7
People that we can married with
This means, though people are following particular mazhab, they can also have taqlid
with other mazhab in certain problems like the opinion that are more strong compared
to fatwa from the latest scholars in Syafie school of thought. However, he must be in
accordance with the mazhab that he taqlid with the problems and whatever that relates
with it. He has to avoid the conditions and avoid the things that can invalidate it.
Besides that, he cannot have the intention to find only easy things (rukhsah), which is
take the easy things from each and every mazhab because this practice can be
considered as a major sin and some ulama’ viewed as it can lead to fasik.

In the example of marriage, if a man is marrying to a woman without her guardian,

witnesses, and dowry because he has taqlid with various mazhab, therefore it is not
recommended because it is oppose the consensus and this type of marriage is not
recognized in any mazhabs.

Some scholars hold the views that talfiq that can affect taqlid is only when a person
talfiq with only one particular problem. For example, when someone is taking
ablution, then he touched a woman without any desire as for taqlid with Imam
Maliki’s mazhab, but he did not follow this mazhab in taking ablution as for taqlid
with Imam Syafie’s mazhab, then perform prayer by using the ablution just now,
therefore his prayer is invalid because both of these school of thought agreed that his
ablution is invalid.

If talfiq consists of two different problems, the taqlid will not be affected. For
example, someone who is taking ablution and applying part of his head and not
reached a quarter of his head as taqlid to Imam Shafi’e’s mazhab, then he performed
his prayer while facing to the kaabah (not a’in kaabah) because he is taqlid with Imam
Abu Hanifah’s view, thus the prayer is considered valid because both of these two
mazhab are not agree with the validity of that ablution.

Talfiq in these two different problems were agreed by one of the scholars Dr. Wahab
al-Zuhaili when he said:
“Indeed, religion of Allah is easy, the opinion that recommend talfiq is one of the
aspect that can make people to practice Islam easily”

This view is in accordance with Allah says:

“.....and has imposed no difficulties on you in religion....” (al-Hajj:78)

“Allah doth wish to lighten your (difficulties)...” (an-Nisa’:28)

“Allah intends every facility for you; He does not want to put to difficulties.” (al-
Baqarah:185)

Prophet Muhammad p.bu.h said that:

“I’ve been sent to bring a simple religion” (Narrated by Imam Ahmad ibn Hanbal).

However, this opinion is not necessarily recommending talfiq because talfiq can be
void and null when it brings to haram. For instance wine, (khamr), prostitution and
others. There are talfiq that prohibit due to some factors as follows:

1. Take things easily with adopted any mazhab that he think that it is easy and he
like it without considering the needs and the difficulties. This is prohibited
because it can lead to break the responsibility of syari’ah. Especially for those take
things easily just for fun and taking the weak evidence from each of mazhab to
follow their desire.

2. Talfiq that make the cancellation of rulings or judge’s verdict because its function
is to eliminate the dissent to reject chaos and disorder in understanding the rulings.

3. Talfiq that is ensure to withdrawn from the practice of the taqlid or from
something that has been agreed upon which allowed what he has been taqlid for.
 For example, if someone has taqlid to Imam Hanafi mazhab about marriage
without guardian, so that marriage allow the legal divorce because it is a matter of
legitimate common to the validity of marriage. Means that, when marriage is
valid, therefore the divorce is also valid based upon the consensus. If his divorced
his wife with three pronouncements, then he wants to have taqlid with Imam
Syafie’s mazhab that that divorce is not valid because he get married without a
guardian, thus this kind of talfiq is not recommended. This is because it withdrew
from the taqlid in usual manners with consensus. The view that are not
recommending not only because of talfiq but because of the withdrawal from what
has been taqlid, after practicing and the effect is remain.

Regarding this issue, according to Dr. Wahbah al-Zuhaili, this opinion should be
noted that vigilance in cases of consanguinity should be more emphasized
compared to the other case. If not, the previous relationship will take place and it
is haram which considering those children as illegal child. Therefore, it is natural
to close all the chances that could lead to this same trick in a serious matter like
marriage, matters that insult the rulings, can harm people or even create
destruction in this earth.

In the matters of ibadah and the responsibilities (takalif) that Allah make it not
difficult, therefore talfiq id not prohibited. Nevertheless, someone need to refer
what he has been practiced from the usual things for the others, as long as the
responsibilities in shari’ah is not break, or lost the wisdom of the shari’ah by
doing various tricks that opposed with the shari’ah and make the purpose of
syariah (maqasid al-syariah)8 vain.

Al-Fatwa

Fatwa is one of the Islamic institutions that had existed since the time of prophet
Muhammad (p.b.u.h) and up until today. This institution had its golden time
during the time of Umawiyyah, Abbasiyah and Uthmaniyyah. Hence, position of
Mufti and department of Al-Ifta which known as Dar al-Ifta came into existence.

8
Protection of religion, mind, life, property, and dignity.
Fatwa can be defined as explanation and notification regarding rulings to those
people who are asking. It will be answered by faqih without being subjected to
anybody.
However, if the fatwa come from Al-Quran or al-Sunnah, therefore it subjected.
For example, in al-Quran there are a lot of verse which explain about the question
that have been asked by Makkan and Medinan to the prophet Muhammad
(p.b.u.h) and Allah revealed the verse to give the answer to the problem arised.
INTRODUCTION TO USUL AL-FIQH
(RKFQ 2161)

WAN NABILAH BINTI WAN MOHD SHAFFII

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SECTION 1