I'jtihaad and Taqleed

Definition of I'jtihaad

Linguistically I'jtihaad means: to expend efforts in order to reach some difficult matter. Technically it means: expending efforts to arrive at a Shari'ah ruling. And the Mujtahid is the one who expends efforts for this purpose.

Conditions for I'jtihaad

Being a Mujtahid has conditions, from them:

1. That he knows the Shari'ah proofs which he needs in his I'jtihaad - such as the Ayat and Ahadith pertaining to rulings.
2. That he knows what relates to the authenticity or weakness of a Hadith, such as having knowledge of the Isnad (chain of narration) and it's narrators, and other than this.
3. That he knows An-Nasikh (the abrogating) and Al-Mansukh (the abrogated), and the places where there is Ijma' (consensus) - such that he does not give a ruling according to something that has been abrogated, nor give a ruling that opposes the (authentically related) Ijma'.
4. That he knows from the proofs that which causes the rulings to vary, such as Takhsis (particularization), or Taqyid (restriction), or it's like. So he does not give a judgement which is contrary to this.
5. That he knows the Arabic language and Usul ul-Fiqh (fundamentals and principles of jurisprudence), and what relates to the meanings and indications of particular wordings - such as Al-'Aam (the general), Al-Khass (the particular), Al-Mutlaq (the absolute and unrestricted), Al-Muqayyid (the restricted), Al-Mujmal (the unclarified), and Al-Mubayyin (the clarified), and it's like - in order that he gives rulings in accordance with what this demands.
6. That he has the ability to extract rulings from the evidences.

And I'jtihaad may be split up, such that it may be undertaken in one particular branch of knowledge, or in one particular issue.

What is Essential for the Mujtahid

It is essential that the Mujtahid strives in expending his efforts to arrive at knowledge of the truth, and to give rulings in accordance to what is apparent to him. If he is correct, then he has two rewards: one for his I'jtihaad, and the other for arriving at the truth - since arriving at the truth means that it is manifested and acted upon. If, however, he is mistaken, then he has a single reward, and his error is forgiven for him - as he (saws) said: "When a judge judges and strives and is correct, then he has two rewards. If he judges and strives and errs, then he has a single reward." [Al-Bukhari (13/318) and Muslim (no. 1716)] 

If the ruling is not clear to him, then he must withhold - and in such a case, Taqleed is permissible for him, due to necessity.
  

Taqleed - its Definition

Linguistically, Taqleed means: Placing something around the neck, which encircles the neck. Technically it means: Following he whose sayings is not a Hujjah.

Excluded from our saying, "Following he whose saying is not a proof." is: following the Prophet (saws), following the Ijma' and also following the saying of the Sahabi - for those who consider the saying of a single Sahabi to be a proof. So following any of these is not called Taqleed, since there is a proof for doing so. However this type of following is sometimes referred to as Taqleed in a very metaphorical and loose sense.
 

The Place of Taqleed

Taqleed is done in two cases:

1. When the Muqallid is an 'Ami (a common person) who does not have the ability to acquire knowledge of the Shari'ah ruling by himself. So Taqleed is obligatory upon him, due to the saying of Allah, "Ask the people of knowledge if you do not know." [16:43] So he does Taqleed of one whom he considers to be a person of knowledge and piety. If there are two such people who are equal in his view, then he chooses any one of them.
2. The Mujtahid when he encounters a new situation, for which an immediate solution is required, but it is not possible for him to research into this matter. So in this case he is permitted to perform Taqleed.

Some stipulate as a condition for the permissibility of Taqleed, that the matter is not from the fundamentals of the Deen - those matters which must be held as 'Aqeedah - since matters of 'Aqeedah require certainty, whereas Taqleed only amounts to Dhann (knowledge which is not certain).

However the correct saying in this matter is that this is not a condition, due to the generality of his - the Most High's - saying, "Ask the people of knowledge if you do not know." And this verse is in the context of affirming the Messenger-ship - which is from the fundamentals of the Deen. And also because the common person cannot acquire knowledge of the Shari'ah rulings with it's proofs by himself. So if he is unable to arrive at the truth by himself, then nothing remains for him except Taqleed, due to the saying of Allah, "Fear Allah as much as you can." [64:16]
 

Types of Taqleed

Taqleed is of two types: general and specific.

[1] The general type: That a person sticks to a particular Madhhab (school of thought), accepting it's concessions and non-concessions, in all matters of the Deen.

The scholars have differed about such a state. So some amongst the late-comers have reported that this is obligatory upon him, due to his inability to perform I'jtihaad. Others report it as being forbidden for him, due to its being a case of necessitating unrestricted following of other than the Prophet (saws).

Shaykhul-Islam Ibn Taymiyyah said:

"The saying that it is obligatory, causes obedience to other than the Prophet (saws) in every matter of command and prohibition, and this is in opposition to the Ijma'. And the allowance of it contains what it contains."

He also said:

"He who sticks to a particular Madhhab, and then acts in opposition to it - without making Taqleed of another scholar who has given him a ruling, nor does he use an evidence as a proof which necessitates acting in opposition to his Madhhab, nor does he have an acceptable Shari'ah excuse which allows him to do what he has done - then such a person is a follower of his desires, doing what is Haraam - without a Shari'ah excuse - and this is evil and sinful.

"However, if there becomes clear to him, something which necessitates preference to one saying to another - either due to detailed proofs if he knows and understands them, or because he holds one of two people to be more knowledgeable about this matter and having more piety with regards to what he says - and so he leaves the saying of that one for the saying of the other one, then this is permissible, rather, it is obligatory. And there is a text from Imam Ahmad about this."

[2] The particular type of Taqleed is that he accepts a saying about a particular matter. This is permissible if such a person is unable to arrive at knowledge of the by I'jtihaad - whether he is unable to in reality, or he is able, but with great difficulty.
 

Fatwa of a Muqallid

Allah said: "Ask the people of knowledge if you do not know."

And the Ahlu'dh-Dhikr are the Ahlu'l-'Ilm (the people of knowledge), whereas the Muqallid is not a person of knowledge who is followed - rather he himself is a follower of someone else.

Ibn 'Abdul Barr and others have said:

"The people are united in Ijma' that the Muqallid is not counted as being from the Ahlu'l-'Ilm, and that knowledge is the realization of guidance along with it's proof."Jami' Bayanu'l-'Ilm wa Fadlihi (2/119)

Ibn Al-Qayyim said:

"And it is as Abu 'Umar (Ibn 'Abdul-Barr) said: Indeed, the people do not differ about the fact that knowledge is the realization attained from proof, but without proof, it is only Taqleed."

I'lamu'l-Muwaqqi'in (1/7)

Ibn Al-Qayyim then quotes:

"There are three sayings about the permissibility of giving Fatwa based upon Taqleed:

1. It is not permissible to give fatwa based upon Taqleed, because it is not knowledge; since issuing a Fatwa without knowledge is forbidden. This is the saying of most of the Hanbali scholars and the majority of the Shafi'iyyah.
2. That it is permissible with regards to himself, but it is not permissible to give a Fatwa to others based upon Taqleed.
3. That it is permissible when there is a need for it, and there is no Mujtahid scholar. And this is the most correct of the sayings and is what is acted upon."