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Allah, in Whose Name we begin, Most Gracious, The Most Merciful

FROM HADRAT MUFTI AHMAD YAAR KHAN NA’EEMI’S (ALAIHI RAHMAH)


BOOK
JAA’AL HAQQ WA ZAHAQAL BAATIL
“The Truth Arrived and the Falsehood Vanished”

“TAQLEED”

“Following some one else”

In connection with Taqleed five points ought to be kept in mind;


The meaning and kinds of Taqleed (which Taqleed should be adopted and which should be
rejected, (On whom Taqleed is binding and on whom it not binding or necessary
Arguments in support of Taqlled and
objections against Taqleed and answers there to etc.

These points or aspects of Taqleed have been accordingly dealt with in five sections /
chapters

CHAPTER ONE
MEANING OF TAQLEED AND ITS KINDS
There are two meanings of the word Taqleed, one is literal and the other is "sharaee" or
religious. The dictionary or literal meaning is to put the belt or garland round the neck while
the religious meaning denotes making one self bound to follow some ones postulates from
religious point of view thinking it to be obligatory in a particular sense or regard it is based
on religious premises.

In such cases, the point in consideration of the follower is the personality whose words or
deeds are taken as binding without due regard as to whether or not there is any shar'ee or
religious justification.

In the marginal note relating to the following of the Holy Prophet  on page 86 in the book
'Sharh Makhsirul Manar' it is said:

QUOTATION

Taqleed means to obey some other person. in matters which he sees the other person doing or
saying or hears from others about that, believing that the thing said or done by him is correct,
without any enquliry.

In this behalf! Also, Imam Ghizali says in his 'Kitabul Mustsfa”


QUOTATION that Taqleed is that deed attributed to some one else, which he does without
any reason or argument (page 387). According to this definition, obeying the Holy Prophet 
is not taqleed,because all his deeds and sayings (commands) by themselves constitute the
argument and justification from Sharait (religious) point of view. Taqleed means to follow
without looking into religious sanction. Viewed from this angle, we the Muslim are the
Ummati of the Holy Prophet  and to obey him can not be said a Taqleed. Similarly, the
reverenced Companions and the Imams of the Deen are also the Ummati of the Holy Prophet
 and not the Muqallids .Like wise the obedience of the Ulama which the common
Musalman do cannot be called Taqleed, because no Musalman regards the sayings and the
deeds of the Ulama as an argument or words of authority for himself; he follows the Aalim
(learned man) because he takes the latter as the Molvi Sahib and he must have consulted
some authentic book for what he says and does; even if at a later statge it comes to
knowledge that what the Molvi Sahib has said or done was not correct, it will not matter to
much him (his obedience will not suffer(!

As already stated above, Taqleed is of two kinds namely,


(1) according to Shariat and
(2) not conforming to Shariat.

Taqleed -e- Shara ee means following ome one in respects of the commands of the Shariat,
such as Namaz, Fasting,. Hajj Zakat etc where the sayings of the Imams of been are accepted
as true and are followed without any mental reservation. On the other hand, in matters non-
shariat dictates or postulates of any one known as authority or specilist are accepted worth
following in the particular field of profession or art. Following the experts or specialist is
known as Dunyavi taqleed which has nothing to do with the Shariat or religion.

Mystioc saints who follow their Murshids (Masha'ikh) and engage themselve in oral
recitations and practical rituals do so by way or Taqleed in deen but not the taqleed of
Shariat. Rather it is the Taqleed in Tariqat or spiritual practices, because it is not the taqleed
in respect of p roblems of halal and haram which are purely the Shariat issues. Taqleed of
non- shariat nature if it is against the explicit Shraiat matters, then it is haram, otherwise it is
permissible and if it is not aganist Islam, then also it is permissible. This broad principle can
be applied to the customs and practices on special occasions of marriage, death etc or other
celebrations and their permissibility or otherwise can be decided. The holy Quran has sternly
warned against the Taqleed or following in matters which are expressly haram and has
prescribed severe punisment to the defaulters in this connection.

QUOTATION
“And follow not the man whose heart We have turned negligent and inattentive
from Our Remembrance, who follows his onw selfish desires and he has
exceeded the limits in this behalf.” (Surah Kaaf, Verses 28)

QUOTATION
“And if they strive to induce you to assoeiate Me the one of whom you have no
knowledge, then do not obey him.” (Surah Luqman, Verses 15)

QUOTATION
“And when they are asked towards that which Allah has revealed and the (holy)
prophet. they say that it is enough for them what has come to them from their
ancestors, even if their fore-fathers were devoid of knowledge and on the path of
misguidance.” (Surah Maeda 5, Verses 104)

QUOTATION
“And if they are told to come to that revealed by Almighty Allah, they reply that
they will follow what found their fore-father.” (Surah Baqarah, Verses 107)

In these verses and like ones there is outright condemnation of the taqleed which were
ascribed to the fore-fathers of the unbelevers. The practices of those ancestors were
manifestlly opposed to the tenets of the Shariat and were thus haram. As far as the taqleed of
Shariat and the obedience to reverened Imams, these verses do not refer to them; great care
should therefore be taken to avoid any misunderstanding in this respect.

CHAPTER TWO

PROBLEMS OF TAQLEED AND NON – TAQLEED

There are some details of the Taqleed in Shariat. Shariat Problems are of three kinds:

(1) Aqaid (plural of Aqeedah, the fundamental traits of Faith (Eiman);


(2) those commands which are distinctly proven by the Holy Qur'an and the Ahadees; there is
no concern of Ijtihad in these ordinations and
(3) those ordinations or commands which have been deduced from the holy Qur'an and the
Ahadees alongwith those discovered through Ijtihad or interpretation and re-interpretation of
Islamic Law. Taqleed in Aqeedah is not impermissible.

In Tafseer Ruhul Bayan interpretation of Aayet of Surah “Hood”


QUOTATION
If some one were to ask us as to how we come to believe in the Tauhid and Risalat (One-ness
of Allah and the Prophet hood, then it would not be said on the authority on the authority of
Hadrat Imam Abu Hanifah or the Fiq'he Akbar, but through the arguments and reserach (as
opposed to Taqleed) because Taqleed in Aqeeda (Fundamentals of Eiman) is not valid and
lawful. It is said in the Introduction of Shami in respect of Taqleed:

QUOTATION

It neans that the problems we base our fundamental traits of Eiman (aqaid) are the same
which are followed by the Ahle Sunnat and the Ahle Sunnat are the Ashairah and Matridiyah.

The issues of faith which are distinetly extraneous are known as non-fundamental ones but
their adoption or taqleed is obligatory on the person concerned, provided they do not clash
with the fundamentals of the Eiman which are the halmark of the members of the ahle
Sunnau wal Jama'at. Fundamentals of Eiman stand by themselves uncontaminated by other
non fundamental ones which are secondary in nature; however their adoption is permissible
on the condition stated above that they do not clash with the basics of the religion. In clear
and explicit commands which are the fundamentals of the religion no taqleed is justified. Five
obligatory prayers, the fixed number rekats in each Namaz (prayer), thirty day's fasting
without eating and drinking during fasting, these are the issues which are proven without a
semblance of ambiguity and no one can say that he is following and obeying these commands
because Imam Abu Hnifah has said so or it is so declared in the Fiqah Akbar. Rather their
authenticity shall be derived dely on the Holy Qur'an and the Ahadees of the Holy Prophet .
Those problems (masail) which are deduceed from the Qur'an, Hadith and Consensus (Ijmaa)
of the Ummah or through personal efforts (ijtihad) or derived from these sources are also
binding on those who have taken no part in Ijtihad.

We have explained in some details the problems in which taqleed is permissible and which
problems should be avoided in respect of Taqleed. At times the Ghair Muqallid (persons of
free-lance beliefs!) raise objections against Muqallids that they have no authority to extract
issues and their solution through the Quran and the Hadith. The answer to this frivolous
questioning is that there is no need to extract authority in regard to fundamentals of religion
because the holy Qur'an and the Ahadith are self-contained in these respects. As such their
objection is itself misplaced and should not have beeen raised at all. However if the issue was
whether Yazid was guilty of Kufr by having transgressed the fundamentals of Islam, the issue
may be taken as debatable, for the simple reason that it is based on personal estimation and
not a matter to be judged through a reference to Qur'an and Sunnah. The learned Jurists
(Fuqaha) of Islam refer to the Qur'an and Hadith to confirm the authenticity of a new trend in
this respect and not to confirm the very fundamentals in question, which stand confirmed as
irrevocable and need no further probing.

CHAPTER THREE

ON WHOM TAQLEED IS BIDING (OBLIGATORY

Practising or practically engaged under the Laws of the Shariat (known as 'Mukallaf) are of
two kinds; one those enaged in search of new problems or Mujahids and the other, Non
Mujahids or common Muslim. A Mujahid is the person who is learned or educated enough
who understands the salient and latent features of the Qur'an and the Sunnah and is capable of
deducing new problems together with their solutions; in particular he should have full
knowledge of the Nasikh and the Mansukh, or in other words. the verses of the Qur'an in their
original context and the changes (replacements) by other verses under the Divine command
and the circumstances for such changes. It is essential as on its depends the capability of the
scholar for the correct application of his findings. Intelligence and mannerisms of presenting
of his view points must be inducing for their acceptance. Only such a person is worth being
recognised as Mujtahid. All the rest Musalmaans are Ghair (Non) - Mujtahid or Muqallid.
Taqleed for the Ghair Mujtahid is essential, but for the Mujtahid taqleed is not binding. There
are six grades or ranks of the Mujtahids:
(1) Mujtahid Fish Shar'a (in shariat),
(2) Mujtahid fil Mazh (in Religion),
(3) Mujtahid fil Masail (Problems),
(4) Ashabul Takhrij (Having knowledge of discovering or deducing problems),
(5) Ashabul Tarjih (having knowledge of priorities and
(6) Ashabul Tamiz (having knowledge of differentiation) (Ref, Muqdamah Shami, point of
view Tabaqt ul Fuqaha - Ranks of jurists.(

(1) MUJTAHID FIL SHAR'A (SHARIAT) : Those learned scholars who introduced the laws
of Ijtihad, for example, the Four Imams, Imam Abu Hanifah, Imam Shafaee, Imam Malik and
Imam Ahmad bin Hambal.

(2) MUJTAHID FIL MAZHAB : Those learned scholars who follow (taqleed) the principles
introduced by the Four Imams and extract or deduce supplementary principles in the religion
for the convenience of their rollowers; for example, Imam Abu Yusuf, Muhammad Ibne
Mubarak, who are the followers of Imam Hanifa in respects of Principles and are themselves
the Deducers' or innovators of the problems (as distinct from the Principles.

(3) MUJTAHID FIL MASA'IL : are those persons who are Muqallids of the principles and
problems, but in such matters where the explanations of the Imams are not available and
these person are capable to produce arguments in support of their viewpoints after consulting
the Qur'an and the Hadith, for example Imam Tahavi and Qazi Khan, Shamsul Aimma
Sarkahi etc.

(4) ASHABUL TAKHRIJ : are those persons who cannot do Ijtihad on their own; however
they can explain and elaborate certain statements of the Imam, for example, Imam Karkhi.

(5) ASHABUL TARJIH : are those persons who can choose and give priority to some
traditions (Riwayat) over others, for example if there are more than one statements of the
Imam concerning the same matter, they can assign prioity to any of them with reason and
arguments in support of their choice. Similarly they can choose, as a matter of priority
between the statement of the Imam and his followers as also in respect of other immas, for
example, the author of Quduri and the author of Hidayah etc.

(6) ASHABUL TAMIZ : are whose persons who distinguish and differentiate between the
explicit religion and other extra ordinary traditions,; similarly in statements with strong
arguments and reasons behind them and those which are weak in these resects, as also
between those statements which are condemnable and those which are worth following, for
example, the author of 'Kanz' and the author of Dur e Mukhtar.

As for those who do not belong to any of the six categories, they are the muqllids, pure and
simple! like common brands of ulama (scholars) who can refer or explain certain problems
only after consulting the relevant books!

We have already said that it is 'haram' for a mujtahid to do taqleed of any other person. As for
the distinguished persons of the above mentioned six categories of the Mujtahids. they shall
be considered mujtahid of their own category and the muqallids in respect of others, for
example, Imam Abu Yusuf and Muhammad are the Muqallids of Hadrat Imam Abu Hanifa
in respect of the Principles (Usul) and Qawa'id (Rules & regulations, and since in matters of
masail (problems are themselves mujtahids, they cannot be muqallids.

With this elaborations of ours, the objections of the 'ghair muqallids get answered who often
say that when Imam Abu Yusuf and Imam Muhammad are themselves the hanafis, then they
are at times raising objections against Hadrat Imam Abu Hanifa. In this connection it can be
said that in respect of Usul (Fundamental Principles) and (Qawa'id (rules and Regulations)
they are the muqallids and as such they do not differ with the great Imam. While in respect of
subsidiary and extraneous problems, they are the mujtahids and can express their independent
opinions in which they are not the muqallid. The above exposition also answers the objection
that at times the Hanafis adopt the verdicts of their other Imams in some matter and give
fatwa by passing the statement of Hadrat Imam Abu Yusuf. In view of their behaviour why
should they call themselves as Hanafis, the answer is that somes jurists (Fuqaha) are also the
Ashabul Tarjih and it is their prerogative to give preference in certain problems and its
acceptance cannot be taken as disobedience to the Imam. In the circumstances the followers
of Hadrat Imam Abu Hanifa remain Hanafis insted of belonging to any other sub-division in
matters of taqleed.
The statements of Imam Abu Yusuf and Muhammad bin Mubarak are based on the
fundamental enunciations of Hadrat Imam Abu Hanifa and can therefore be said to belong to
him in the man since in the final analysis they are based and dervied from the Qu'ran and the
Sunnah. The great Imam has said that any thing belonging to and defived from the two
sources of Islam, namely the Qur'an and the Ahadith, is part of his religion (matter of Belief
or Eiman). Therefore to accept any statement from Imam Abu Yusuf or Imam Muhammad
bin Mubarak is as good as taking from Hadrat Imam Abu Hanifah hmiself, just in the same
way that to act any Hadith is like acting upon the Qur'an itself.

Some Ghair muqallids say that they possess the capability (knowledge) of doing Ijtihad and
as such they do not follow (taqlid) of any one else. This is not more than wishful thinking.
The fact is that such tall talkers do not know and cannot dream what great knowledge is
essential to be mujtahid in the real sense. Hadrat Imam Razi, Imam Ghizali, Imam Tirmizi.
Imam Abu Daud, Hadrat Ghaus Pak, Hadrat Bayazid Bustami, Shah Bahaul Haq Naqshbandi
have been scholars of learning of such great calibre and prominance that they are rightly
regarded as the pillars of Islam; yet none of them and their likes ever claimed to be the
Mujtahids; they remained Muqallids and they preferred to call themselves as Hanafi,
Shafa'ee, Maliki or Hambali In their view to be a mujtahid needed the quantum of knowledge
and spiritual insight before which their own knowledge from their point of view fell short of
the eminence that the station of ijtihad demanded. As against them, now a days it has become
a soat of fashion in certain quarters that they do not feel any shame or reluctance in branding
themselves as mujtahids (!) while the fact is that they cannot even pronounce the names of
the book of Ahadith correctly!!

CHAPTER FOUR

ARGUMENTS IN SUPPORT OF TAQLEED

BEING OBLIGATORY

This Chapter is divided in two Section;. In the first section

THE ABSOLUTE (MUTLAQ) TAQLEED and in the second Section The TAQLEED
SHAKHSI OR PERSONAL have been described with arguments in their suport.

SECTION ONE

TAQLEED : being Wajib (obligatory) is established through the verses of the Holy Qur'an,
confirmed and genuine Ahadith, the practices of the Ummah and the statements of the
Commentators (Mufassireen) Qur'an.

QUOTATION
“Guide us on the Right Path, the Path of those on whom you have showered
blessing.” (Surah Fatiha, Verses 5)

The verse may be taken as the argument in favour of Absolute (Mutlaq) Taqleed as well as
the Taqleed of Mujtahids. This shows that the right path is that on which the righteous
persons have moved along in their life journey. The holy lands of Mufassirin) Commentators)
of Qar'an, Muhaddiseen (Scholars of the Ahadith), Jurists. Saints Auliya Allah, Ghaus &
Qutub, and Abdal are the righteous servants of Allah; they were all Muqallids, proving there
by that Taqleed is the Right Path. No Mufassir, Muhaddis and Wali has ever been Ghair
Muqallid. ghair Muqalid is one who is not a Mujtahid and abstains from being a Muqallid
because for a Mujtahid to do Taqleed is forbidden.

QUOTATION
“Allah does not put burden on a person which he cannot bear.” (Surah Baqarah
2, Verses 286)

This verse shows that Allah does not cause hardships to a man which he cannot endure. It
means that the man who is incapable of Ijtihad, is unable to extract problems (masail) from
the Qur'an as it amounts to over-burdening him if he is restrained from Taqleed and to expect
him to derive problems from the Qur'an is not justifiable. When a poor man is exempted from
Zakat and Hajj on account of his poverty, then how can an illiterate or sem-Iterate be
burdened with the scholarly task of deducing and searching new things from the Holy Qur'an.

QUOTATION
“And the First and foremost among the Muhajireen and Ansar and those who
followed them with good intentions these are those with whom Allah was
pleased and they were pleased with Allah.”

It means that Allah is pleased with those who followed the footsteps of the Muhajirs and the
Ansar. This is nothing but Taqleed.

QUOTATION
“Obey Allah the Almighty and obey the Holy Prophet  and those who wield
authority in the land.” (Surah Nisa 4, Verses 59)

In thise verse there is the command to obey three distinct personnel namely Allah Qur'an) the
Holy Prophet (peace be upon him (Hadith), the person holding authority to command the
Ulama versed in Fiqah (Jurisprudence) Istimbat (Knowledge of deriving problem from the
Quran and Hadith. In this verse it will be noticed that the word ATI 'OO (and follow) has
been used twice; once for Allah the Almighty aqlone and then combinedly for the Holy
Prophet  and the Ulil Am'r (ruling athority. The reason is clear; in respect of Allah, the
obedience is only in the Commands which He has revealed and not what he does as well as
NOT when He does engage Himself in any activity and his Silence. He bestows sustenance
(food) to the non-believers in spite of their unbelef, but He does not punish them and there for
their kufr or rejection of faith, yet be punishes them as and when He likes. But we cannot
follow the Divine activity like this. Some times He grants (superficial)victory to kafirs when
He intends doing so. On the other hand we are bound to obey the commands off the Holy
Prophet  and the Imam Mujtahid in whatever they do or donot do i.e. keep silence. It was
for this difference between two sets of personages that the word 'Ati'oo' has been used twice
in this verse. if some one says that by the words Olil Am'r is meant the ruler of the Islamic
state, even in this respect obedience to his commands shall be restricted only to the laws of
the Shariat and not necessarily the mundane or non - Shariat laws. For the Islamic state it is
obligatory that the ruler or the person in authrity shall seek guidance and enunciation from
the Ulama-e-Mujtahideen. The real commands emanate from the authority of the Faqih and
the State only acts as their promulgating and issuing agency as the ulama and the Faqih do
not possess such an authority nor vested as such by any branch of the government. It amounts
to saying that the king is the ruler of his subjects while the Ulama-Mujtahidin are the 'ruler'
i.e, supervening authority over the titular head of the state. It also means that in the effective
sense the words olil Am'r' stand for the Ulama and the mujtahidin rolled into one
personality.The net point derived in this case is that is at work in our affairs that it is Taqleed
after all. either of the ruler or the Ulama-e- Mujatahideen.

It must be clearly bournce in mind that in the verse the word 'Ati'oo stands exlusively for the
obedience o the commands/ rules of the Shariat and not the mundane ones.

The above verse also indicates that the commands or laws are of three kinds; Those
explicitly mentioned in the Holy Qur'an, for example the command relating to the period of
Iddat of four months and ten days for a woman whose husband dies. This is the command of
Allah (Ati'ullah); those commands which are based on the Hadith, for example the wearing of
gold and silver ornaments being Haram for men folk.

Third, those which are not clearly defined in the Qur'an or the Hadith, for example, the
dealing of 'sud' in any transaction relating to profit and loss. In this respect the reference shall
be made to the Ulama Mujtahid who are the final arbiters in such matters.

QUOTATION
“As (enquire) from the persons of learning if you do not know.” (Surah Nahal
16, Verses 43)

The verse points to seeking advice and knowledge from the persons of learning if the
common men do not know the real meaning or nature of any command. The men of learning
explicitly refer to the mujtahids. It is also said that this verse is in respect of historical
incidents which require exact knowledge. This is correct only to the extent of making enquiry
but it cannot be confined to only the historical incidents / facts

QUOTATION
“And follow the man who leads (people) unto Me.” (Surah Luqman 31, Verses
15)

The verse indicates that the following (taqleed) should be done of those persons who have
devoted themselves to Almighty Allah. Here there is no restriction on the nature of matters in
which guidance is needed.

QUOTATION
“And those who say: O our Lord! provide us the coolness of our eyes from our
wives and children and make us the leader of the right ous people.” (Surah
Alfurqan 25, Verses 74)

As an explanation off this verse it is stated in the "Ma'aa limul Tanzil' that QUOTATION
we my follow ther righteous people and the latter follow us.

The verse also demands that the taqleed/ following the men of Allah (Ahllah) is on
obligation.

QUOTATION
“And why was it not that from each group of theirs a band should have come out
to receive the knowledge of the Deen and on return, to warn the people so that
they may adopt righteousness.” (Surah Tauba 9, Verses 122)

This verse shows that it is not necessary that every man should be a mujtahid (or try to be
one(!

QUOTATION
“And if the people had refered (their matters) to the Prophet  and those 'men of
command' (Olil Am'r), then they would have come to know the men who are
versed in extracting knowledge (istimbaat.” (Surah Nisa 4, Verses 83)

This verse clearly shows that in matters of Qur'anic context, Ahadith and general affais
(Akhbar) it is essential that at first these should be refered to the scholars who are learned
enough to extract the real significance of the said matter. and after having their verdict, they
ought to have acted accordingly. The Quran and the Hadith are superior to Khabar (general
affairs); hence the necessity of approach to the mujtahid in the first instance.

QUOTATION

“The Day when We shall call the people along with their leaders (Imam).”

This verse has been explained in the Tafseer 'Ruhul Ma'aani) thus:

QUOTATION

)by the word Imam is meant the leader in relegious matters, and accordingly it shall be
announced on the Day of Judgement, O Hanafi , O Shafee

This shows that on the day of judgment, each individual shall be called (for acountability) in
the company of his leader (imam). The question is that if a man had not taken any imam in
the world, with whom shall he be called on the Fateful day? The mystic') Sufiya) are of view
that shaitan will be the imam of the people without imam!

QUOTATION
“And when it is said to them : Adopt Faith (Eiman) like the people of genuine
(real) Faith, they say : shall we believe as the fools have believed!” (Surah
Baqarah 2, Verses 13)

It means that only that Eiman in acceptable which is followed by men of righteousness and
that, it essence, is Taqleed.

SAYINGS OF COMMENTATORS OF QUR'AN AND SCHOLARS OF AHADITH


(MUFASSIRIN WA MUHADDISEEN)

It is reported in Darmi, Chapter (Iqtidaro Bil Ulama(

QUOTATION
It was reported to us Yaila, he said that Abdul Malik told him who heard from Ata that obey
Allah and obey the Prophet  and (obey) those among you who possess authority to rule (olil
Am'r).Ata said that by Olil Am'r are meant the person of Knowledge and Jurisprudence
(Fiq'h(

Commenting on the under noted verse by Khazin:

QUOTATION

Then enquire from the men of learning if you do not know; by way of elaberation it meant
that euquire from men of Faith (Eiman) who are the scholars (Ulama) of the Qur'an.

The Tafseer (interpretation) of this verse given in the Tafseer -e- Mansur is like this:

QUOTATION

It is reported by Ibne Marduyah on the authority of Hadrat Anas who said that he heard from
the Holy Prophet  that some women offer prayers (namaz), keep fast, perform hajj and take
part in Jihad, although they are the Munafiqs (hypocrites).It was asked of the Holy Prohet  ,
how the 'nifaq' (hypocrisy) crept into them; he said because they taunted and blamed their
Imam. When asked who the Imam is, he said: Allah says... then he recited this verse
(Fas'alu Ahlaz Zikr...

In the Tafseer of the Vrse QUOTATION


remember your Lord (RABB) if you forget) (Surah Kah'f) it is said in Tafseer e Saavi:
QUOTATION

)It is not permissible to do Taqleed of any other sect of religion except the Four Sects. even if
what they say is according to the sayings of the Companions, Correct (Sahih) Hadith and the
verse of the Qur'an Any person who is outside (outcaste) from the four sects and those like
him are themselves the misguided ones and misguide others; It is Kufr to adopt extraneous
meanings of the Qur'an and the Hadith

AHADITH : Muslim vol. (1) Page No 54 Chapter Deenin Nasihat'

QUOTATION

)It is reported by Tamim Darmi that the Holy Prophet  said that Deen is rhe Well-being
asked 'whose well-being? the Holy Prophet  said, the well-being of Allah and His book and
his Prophet, that of the Imam of the Muslim and the Muslim in general.

In the explanation of this tradition (Hadith, it is said in the Shar'h Nuwi

QUOTATION
This Hadith also includes those Imams who are the Ulama of the Deen and the their well
being; to accept as true the Ahadith mentioned (reported) by them and follow as Taqleed the
commands/laws issued by them, and to wish good of them (ulama.(

CHAPTER TWO
IN THE EXPOSITION OF PERSONAL FOLLOWING (TAQLEED SHAKHSI(

In Mishkat, Kitabul Amarah it is reported with reference of Muslim the Holy Prophet  has
said:

QUOTATION

“When a person comes to you, knowing that you are united on the obedience of
some one, he desires to break your rod or crutch (symbol of defensive weapon)
as also the unity (in your rank) and to shatter in pieces, then kill him.”

In this Hadith the reference is to Imam and Ulama -e- Deen round whom the people remain
united in matters of Faith and obedience. It does not refer to the king or the ruler whose
obedience in anti-religious matters is not permissible.

Muslim has also devoted a chapter relating to the obedience of the Amir (ruler, person of
authority) in matters of other than sin or crime, showing thereby that the obedience of a
single person is essential.

In the Mishkat, Kitabul Buyu (Transaction) on the authority of Bukhari, it is reported by


Hadrat Abu Musa Ash'ari about Hadrat Ibne Masood QUOTATION
that so long as this learned person remains with you ,do not ask me ask anything relating to
religious problems with you. This shows that in the presence of the most reverenced person
the obedience of the person lower in rank to him is not desirable, for the obvious reason that
in the eyes of a person his Imam is most respectable It is said in 'Fat hul Qadeer'

QUOTATION

)One who is the ruler of a Muslim kingdom and appoints a person to govern the people of
that part knowing that there is a person better qualified and deserving for the status offered to
the man of lesser standing, then the ruler commits dishonesty with Allah, His Prophet  and
the Muslim in general.

In the Mishkat, Kitabul Amarah it is said:

QUOTATION
) One who dies without the belt of obedience (Ita'at) on his neck. he dies as one ignorant
brute(.

There is a call for Bai'at (fealty) to Imam, which is synonymous to Taqleed and fealty (Bai'at
to Auliya all are included; the question is under which sultan's fealty are the wahabis? These
are a few verses and the Ahadith on the subject; more could be presented, but brevity is taken
as necessity. The Ummat, by and large is consistent in the matter of taqleed since the days of
the followers of the companions (tab'a Tabi'een)on the constant practice that one who is not a
mujtahid should follow a mujtahid and to follow the of consensus (Ijma) of Ummat is proved
by the Qur'an and the Hadith. In the Qur'an it is said:

QUOTATION
“If anyone contends with the Apostle even after guidance has come to him, we
shall leave him in the path he has chosen, and land him in hell-what an evil
refuge”! (Surah Nisa 4, Verses 115)

This shows that one should follow the path which the Muslim are following, as an obligation.
as there is consensus of the Muslim on the taqleed.

Mishkat, Babul I'tesaam, bil Kitab wal Sunnah (Holding fast on the the book wal Sunnah says

QUOTATION

)Follow the larger group because one who keeps hmself aloof from the group of the Muslim
he will be sent to the Hell.

It is also said in the Hadith QUOTATION

that what is good considered by the mulsims is also good in the presence of Almighty Allah.

It would appear as a matter observation that the Muslim by and large have been following the
principle of Taqleed shakhsi (following the personality) down the ages. Even now a days
Muslim in the Arab and Ajam (Aabia and beyond) have been acting on the personal
following and are Muqallids by way of Taqleed -e- Shkhsi. Any one who is Ghair Muqallid
he rejects Ijma (and as such becomes an outcast from the Muslim fold. The matter is clear; if
you are against Ijma how would justify the establishment of the Khilafat of Hadrat Abu
Bakar and Hadrat Umar (May Allah be pleased with them). It is only through the consensus
(Ijma) of the Ummat that the khilafat -e- Siddiqi and Faruqi can be justified.

It is said in the Tafsi -e- Khazin QUOTATION that Hadrat Aby Bakar advised the Ansars
not to think of establishing a separate Khilafat of their own, rather join hands with the
common righteous Muslim, the groups of Muhajireen whom the Qur'an proclaims as
Sadiqeen.

It is LOGICAL ARGUMENTS that common observation that no one in the world can
accomplish any thing of note without the co operation of other fellow-beings, and without
following some one else. In all technical and educational fields the co operation and guidance
of experts and sepcialists is of paramount significance. This is so in the worldly affairs; the
religious affairs are not difficult and unsurmountable. In this field the following (taqleed) of
experts and especialists is equally essential. Thisacceptance of opinions is also seen in the
matter of Haids. If some Hadith is declared weak (Zaeef) by the Scholars, it is admitted as
such by others. Like wise in respect of the recitation of the Qur'anic verses, the modes of
Qir'at have been prescribed by experts which are followed by the keen learners of the Qir'at.
In every field there is always the most perfect man whose words constitute the final words
and his personal guidance is sought accepting him as such and it is only acceptance of this
nature that the other aspirants receive guidance. The position may be stated that in every field
there must be the most qualified persons whose following brings forth the desired results.
There is only one imam and in the country there is one ruler whose personal follwoing
(Taqleed -e- Shakhsi) is binding on all the rest.

In the Mishkat in the Chapter Etiquettes of the trvel or journey it is said:


QUOTATION
If three men are traveling together, two of them should make the third as their Imam (leader(

CHAPTER FIVE

OBJECTIONS AGAINST TAQLEED AND ANSWERS THEREFOR

The opponents of the problem of Taqleed raise objections in this behalf which can be
classified in two categories. The first kind of objections consists of nothing but taunts and
ridicule without any substance or logic behind it. Obviously they need better be ignored or
bypassed without any serious consideration as to the nature of the objection and the quality of
frivolity contained therein! However, the second kind off objections are those which are used
to deceive the muqallids through made-up or supurious arguments raised by the ghair-
muqallids aimed at hoodwinking the simple minded muqallids; the irony is that often such
attempts are successful and the poor muqallids are left in the middle of the read without
knowing where and how to go. These so called objections are given below in the question-
answer form.

QUESTION (1): If Taqleed was essential, then why the Companions were not the muqallids
of any personality?

ANSWER: The Companions were not in need of Taqleed as they were blessed with the
presence of the Holy Prophet  in their midst and the knowledge and the paractical guidence
received made them the teacher and guide for the people of later years.

The Companions are the Imams and leaders of the people of the succeeding generations. The
great Imam Hadrat Abu Hanifah and others follow the Companios as guides. In the Mishkat,
chapter Al Sahabah it is said:

QUOTATION

“ My Companions are like the stars if you folow them you will be successful.
Then hold fast to my Sunnat and those of the great Caliphs (Khulafa -e-
Rashiideen”.

The Holy Prophet  is the Prophet of Allah and the supreme most guide for the entire Ummat
for all time and space. To be the Ummati is the tradition (Sunnat) of the Holy Prophet . The
Companions are the Imams of the Ummat as they are in the first row of the Sunnat and the
followers of the Holy Prophet . The Fountain-head of all guidance is the Holy Personality
of Hadrat Muhammad Mustafa-  and the great Imams coming after him are the true
recipients of guidance from the Holy Prophet and their Taqleed (Following) is obligatory for
the Ummah, in spite of the difference of the sects, the great Imams are the heads.

QUESTION (2): For the guidance the Quran and the Hadith are sufficient as in the words of
the holy Quran.

QUOTATION
“And there is nothing FRESH OR WITMERED (DRY) which is not recorded in
the book, (The Holy Qur'an). And we have made the Qur'an easy and facile for
learning and remembrance.” (Surah Inam 6, Verses 59)
This means that the Qur'an contains every thing and also Quran is easy to learn and
understand; then why is it necessary to approach Mujtahid?

ANSWER: No doubt the Holy Qur'an and the Ahadith are sufficient for us, as every thing is
present in them. But it requires certain amount of knowledge and capability to extract
problems and the answers to the problem, there are pearls in the botton of the seas and
oecoans which only the divers (who are experts in their profession) can traee and bring the
pearls from the ocean. The Imams are the divers of the ocean of the Deen. In case of an
ailment the services of some expert physician is essential. The illiterate and semi literate
quacks cannot prescribe correct madicine. @4 Likewise in matters of religion and the Deen
the guidance of the Ulama and the Mujtahids are essential. Every individual cannot search
and bring forth problem and their answers from the Quran and the Sunnah.

QUESTION (3): The holy Qur'an condemns Taqleed as in the following verse:
QUOTATION
“They have made their priests and religious leaders as their deities and gods
other than Almighty Allah” .(Surah Tauba 9, Verses 31)

QUOTATION

“If there arises any dispute between you, then refer it to Allah and his Apostle
(for a decision). This is the right path of Mine, therefore you also adopt the same
path and do not follow any other way that will lead you to other lines of
misleading.”

QUOTATION

“Then they will say: we shall follow the same path on which we have found our
ancestors.”

From these and others like verses it is seen that to follow the path of others in contravention
to those of Allah and his Apostle is like following the path of the Kuffar (Unbelievers). The
right path is only one. The paths shown by the Four Imams are the cooked ones!

ANSWER: The paths which the Holy Qur'an opposes, we have already discussed earlier
QUOTATION
are the paths adopted by the Jews and the Nasara (Christians) which in their mutilated
practices are opposedte to the right path of Islam. The paths mentioned or practised by the
Four Imams are not different and anti Islam directions. These are in a sense, four different
ways or stations of one single railway line, or four Canals and rivers of the one ocean or sea.
The four paths are the fundamentals of the four segments (maslak) of one single main track
Tauhid differing nominally in modes of practice of one main Path of Islam or Tauhid. These
are the practical parts of the religious doctrine. Such different modes of religious practices
were also present among the Companions, because these were observed by the Holy Prophet
 on different occasions.

QUESTION (4): The subject matter of this question is about presence of four sects (paths of
Shariat mentioned above. The question or the objection is about the 'four' sects. Is there any
special reason behind this?
ANSWER: The figure of 'FOUR" seems to possess Divine Approval; for example Four
books. Four Fundamental religions, the human structure is also said to be composed of four
elements, These are in a sense the four gateways of the one single Destination Tauhid). Once
extraneous structures are laid in the approach track, it is impossible to reach the desired goal
which is a single and fundamental one. The Namaz within the precincts of the Khaana-e-kaba
are offered in all (Four) directions but the Direction of all the people is towards the Holy
Kaba.

As in the presence of the Qur'a, there is the need of Hadith, so there is the need of fiqah to get
to the care of the Hadith as the Fiqah is the Tafseer of the Qur'an and the Hadith. Of the point
of enquiry (command) which is not available in the Qur'an and Hadith, the same will be
distinctly available in the Fiqah.

QUESTION (5): In the doctrine of Taqleed, there arises the need to make some one as the
Hakam (Arabiter) for a decision. This amounts to by-passing Allah (Who is the Real Arbiter)
which is Shirk. Is not the doctrine of Taqleed -e- Shahi (Personal following) an act of shirk?
The holy Qur'an states very elearly.

QUOTATION
“There is no command except that of Allah.” (Surah Yusuf 12, Verses 40)

ANSWER: If making some one else other than Allah as Hakam or Arabiter, is shirk, then to
follow the Hadith is also shirk! and all Mufassireen Muhaddissin will also be Mushriks
(NOOZ BILLAH), because the great Muhaddiseen Tirmizi. Abu Dawoodd. Muslim and
others were Muqallids and Hadrat Imam Bukhari, shall be regarded as the disciple of all the
vast treasures of Hadith, which in other words amounts to demolishing the whole structure of
Hadith or the Islam itself. This is unimaginable, rather, unbelievable. The need for appointing
a Hakam (Arabiter) has been expressly enunciated by the holy Qur'an @5

QUOTATION
“If you find a (seemingly unsoluble) dispute between the husband and the wife,
then appoint an arbiter from the side of the husband and another arbitr from the
siade of the wife (and let them find the solution of the dispute.” (Surah Nisa 4,
Verses 35)

In the Battle of Siffin,Hadrat Ali and Muaviya appointed a Hakam or Arbiter. the Holy
Prophet  himself made Hadrat Sa'ad bin Ma'aaz as the hakam in the dispute of Bani
Quraiza. The meaning of the verse means that real command is that of Allah, to be interpretd
and decided by the arbiter. No judge or arbiter can decide a case on his personal opinion, This
also means that if appointing Hakam is shirk. then all the judgements down the ages will be
the outcome of the persons who imposed themselves over the authority of Almighty Allah!

QUESTION (6): The Presumption of the Mujtahid is but the guess-work by him in the
matter under dispute. The Holy Qur'an forbids indulgence in premptions or self assumed
guess work it is said:

QUOTATION
“O you who believe! Avoid too much of (unfounded) presumpltionss or guessing
as some guesses or presumptions become acts of sinning, and do not pry (with
evil intentions) the affairs of others or try to find faults with them, and 'refrain
from backbiting.” (Surah 49, Verses 12)

To put in a sutshell, in all religious matters, reliance should be placed only Kitab and Sunnat
(the holy Qur'an and the Ahadith.(

ANSWER: The significance of the word Zan meaning (Qiyas) in the verse shall be explained
later.

QUESTION (7): The Ghair Muqallids say that Imam Abu Hanifa has said that any Hadith
which is proved correct (sahih according to the principles part of his religion. We have found
some of his statements not according to principles of Hadith. Therefore we have give up the
Hadith, as he basis of his religion.

ANSWER: No doubt, the great Imam has said that if his saying comes to be seen in
accordance with any Hadith, then acting upon that Hadith will be acting on my religion. This
is no exaggeration, rather it is the demonst ration of Taqwa on his part. (Taqwa stands
extreme righteousness in respect of Belief or Eiman). the Qiyas or 'presumption of the
Mujtahid comes into play where clear Nass (confirmed Qur'anis verse) is not available But
the question is that is there any one in the present day world who is more conversant, more
authentic, more all-embracing grasp of the knowledge of the Hadith than that possessed by
the great Imam Abu Hanifa. We are, as a matter of fact, much limited skill in comprehending
the Hadith, that our eyes do not go beyond the six Confirmed Conpendium (Sihaa-e-Sittah).
then on what authority can we challenge the authenticity that the so and so Hadith has been
incoreectly QUOTATIONd or taken from so and so source by the Imam Sahib.

QUOTATION

Otherwise it has been liddown in the Hadith of the holy Prophet that (If you happen to come
across any Hadith then judge it in the light of the Book of Allah (holy Qur'an); if it is in
accord with that, follow and act upon it, otherwise leave it.

If some self-styled expert in Hadith says that since some Hadith are not according to the
Qur'an. We are not prepared to accept the concept of the Hadith itself, then there cannot be a
man more condemnable than him who has dared to reject the institution of the Hadith on
account of his limited and shallow and shabby knowledge. For example, according to the
Qur'anic verse the patrimony (miras) of a deceased Musalman should be divided among his
letigemate heirs, but according to a Hadith the left overs of a prophet are not to be divided as
legacy. Both versions have their peculiar intentions and can not be hinter related in support of
some self asumed content. The inference of this distorted notion must be condemned as
forcefully as possible.

QUESTION (7): Some of the crities of the Imam Sahib assert that he did not possess the
(enough) knowledge of Hadith and as such there are less traditions attributed to him; and
whatever are in the field, they are unreliable!

ANSWER: Imam Sahib is the Muhaddis of the highest grade, and the vast number of
problems (masail) extracted or deduced by him confirm his exapanse of his knowledge in this
behalf. The extent of his knowledge in this field can be assessed from a reference to his
Masnad Imam Abu Hanifa and the book Muatta Imam Muhammad by Imam Muhammad.
There are still less traditions in the name of Hadrat Abu Bakar Siddiq. Does this mean that
Abu Bakr was not a Muhaddis? The less shortage in number of the traditions (riwayat) was
due to extra caution in reporting Ahadith. Profuseness in such a reportage does not
necessarily reflect the vastness and depth in field of knowledge, The traditions
QUOTATIONd by the Imam Sahib are most authentic and reliable as his time of life was
nearer to the Holy Prophet  and as time proceeded along, the traditions became weaker and
mixed up with other less reliable ones. Therefore the weakness in respect of his quotations
much later after him cannot be attributed to him.

QUESTION (8): Some people say that all the four religious sects are on the right! How is
this possible? Only one religions / is right and the four can not be right at one and the same
time! They give the example of the recitation of Surah Fatiha in the Namaz. Imam Abu
Hanifa says that to recite Surah Fatiha behind the Imam is Makruh-e-Tahrimi, while Imam
Shafa'ee is of the view that it is Wajib! Both cannot be correct; either it is Makruh
(undersirable) or wajib (obligatory). How can both the problems be true?

ANSWER: Here the word right (haq) does not stand for the exclusive truth in one point; here
it means that a person can follow the precept of one Imam and his religion (sect) taking him
to be right as the sect of his taqleed. It may be that the mujtahids has erred but such an error is
pardonable because it is based on his honest thinking and belief. This may be explained by
the examples of Hadrat Ali and Muaviyah in respect of battle of Siffin, and in another case in
the battle of Jamal between Hadrat Ali and Hadrat Ayssha. Both had their points and view to
be on the right and accountable for any deliberate misjugement. If a man offers prayer
(namaz) in the jungle keeping his face in one direction as the Qibla. But he doubted his own
thinking and repeated the prayer in the three remaining direction, again thinking that the
Qibla will must be in one of these directions!. Here, according the jurists the namaz in all
directions will be rewarded as the intention of the man was sincere and honest. He would
have been equally reward worthy had he stuck to his first namaz, taking the direction of the
Qiba as correct. In the case of Hadrat Dawood and Hadrat Sulaiman, the error of judgement
on the part of Hadrat Dawood was pardoned by Almighty Allah by showing the right
decision to Hadrat Sulaiman. none of them was taken for accountability; the Qur'an said for
both that Allah had granted them Hukm (The quality of right judegment) and Ilm (knowledge
in general.(

In Mishkat, chapter Qaza (legal decision) it is said:

QUOTATION

When the judge gives the correct decision after due and honest deliberation (ijtehad), he is
doubly rewarded (for ijtihad) and right decision. But when after ijtihad he commits error in
judgement, he shall be rewarded for ijtihad (one act of goodness.(

This also answers the objection inregard to the 'rafa yadain' (raising of hands upto the
shoulders while going in and rising from the ruku) in the namaz; it is permissible for the
followers of Imam Shafa'ee while the hanaffis regrain doing this as per the prectice and
command of Hadrat Imam Abu Hanifa. Both the postures are vajib as these have the sanction
of the Mujtahideen leaders of the respective sects. Same is the case with the legal procedure.
If some on takes law in his hands and does anything on his own he will be guilty as he was
not authorised by the court to do so. While the same process adopted by a court of law will be
justified because it has the sanction of the law of the land. The judge will not be taken to task
if he errs in giving the judgement. A glaring example of this view is that relating to
acceptance of fidya (ransom) from the prisoners of the Battle of Bad'r by the Holy Prophet 
as an honest personal decision for the good of Islam and the prisoners. However the verse in
this behalf did not approve the qiyas (presumption) of the holy Prophet . The step taken in
this case was later pardened and the action of the Holy Prophet  was upheld by Almighty
Allah.

QUOTATION
(Surah Hashar 59, Verses 2)

This confirms that there is no accountability on the error in ijtihad.

THE CULMINATION OF THE DEBATE ON 'IJTIHAD':


There are four sources for deciding an issue from the Shariat point of view.
(1) the Qur'an
(2) Hadith
(3) Ijmaa-e-Ummat (Consensus by the Ummat) and
(4) Qiyas (presumption).

About Ijma we have discussed at lenght as being based on the premises of the Qur'an and the
Hadith, making it incumbent upon Muslim to remain with the Ummat and any one deviating
from the Ijma will be guilty as a sinner.

The meaning of Qiyas is to speculate, surmise or presume to decide an issue for its validity or
otherwise. From the Shariat point of view, it stands for a process where the issue in question
is examined with analogous issue in some other respect where the permissibilty was given
and accepted as correct. For example if a problem crops up where clear verdict is not
available in the Qur'an and the Hadith. For a decision in respect of the issue in question
attempt shall be made to find out if there is any case of identical nature (not exactly of same
details) in which the permissibility was sanctioned according to Holy Qur'an or Hadith. if the
natures of both cases are analogous or identical, then the same decision will be given in the
case as was given in the other case. Some one asked us what is it to commit sodomy with a
woman? our reply was that in the case of the woman being in menses, sodony with her is
haram on account of its being a dirty and an unclean act. asked if father of a man commits
adultry with a woman, is the woman permissible to him for marriage? we replied that if the
father of a son marries woman, that woman is haram to the son; therefore this woman with
whom the man commits adultry shall be haram to him.

This what is meant by Qiyas. But the condition is that the man doing qiyas must be a
mujtahid; for a non-mujtahid the qiyas is not reiliable. qiyas in essence is the process to
indicate the intent of the Shriat. It is not a sanction or a law by itself. It is valid only in respect
o the case for which qiyas was made. It means the real source of authoeity is the Qur'an or
the Hadith, but the qiyas makes it clear but it does not accord sanction the validity of qiyas is
based upon the Qur'an the Hadith and the acts of the Sahaba (companions of the Holy prophet
. Qur'an says:

QUOTATION
“Learn a moral lesson O you who have eyes.”
The warning to the Muslim is that if they dommit the same fault like that of the unbelievers
(kuffar) they will be meted out with the same cosequence! Also the holy Qur'an compares the
incidence of Qiyamat (Day of Judgement) as rising from the sleep, or the farm (cultivation)
becoming verdant and flourishing after becoming dry and withered. This is also qiyas. In the
Bukhari there is a chapter Kitabul E'tisaam with the lengthy title:

QUOTATION
) To draw similarity between the known principle with the principal sanctioned by Allah so
that the question may find the solution(

Under this chapter the incident of a woman is recited in which the Holy Prophet  decided
her case on the basis of qiyas. 'Assumption(

QUOTATION

)A woman come to the Holy Prophet  and said that her mother had made a Mannat to
perform the Hajj. She asked if she could perform the Hajj on her behalf. The Holy Prophet 
permitted her. Then he asked her if there was any debt outstanding against her mother, would
she repay it. Se said 'yes hereupon the Holy Prophet  asked her to clear the debt first, as
Allah is more concerned with fulfilment of dues payable to him.(

In the Mishkat, Kitabul Amarah. Tirmizi Vol. I and Darami it is said that when the Holy
Prophet  appointed Hadrat Ma'aaz bin Jabal as the governor of Yaman on what basis he
would decide the case brought to him for decision, he said on the authority of the Book of
Allah; asked if the answer is not found there? he said on the authority of His Holy
Messenger's Sunnat; asked further, if he did not find in that, Hadrat Ma'az said:

QUOTATION

) I shall hold my opinion on Ijtihad). The reporter says that on hearing the reply the Holy
Prophet  stroked the breast of Hadrat Ma'aaz (as an expression on joy of satisfaction and
said: All Praise be to Almighty Allah Who gave to the message- bearer of his apostle the
ability of this caliber which is pleasing to him (apostle of Allah.(

It provides a clear and convincing justification in favour of the Qiyas. Since during the life
time of the Holy Prophet the process of Ijma was out of question; it was for this reason that
Hadrat Ma'aaz did not mention it. Likewise many Companions gave decisions based on their
qiyas. Hadrat Ibne Mas'ood ordered payment of Meh're Mis'l who was married to a man who
died without giving Meh'r to his wife. This was also based on the Qiyas of Hadrat Ibne
Mas'ood.

It is reported on the authority of Hadrat Abdullah ibne Mas'ood in the Nisa'ee Vol. Two
Kitabul Qaza

QUOTATION

) After this day, if a case comes for a decision, then the decision through the Qur'an; and if
any case comes up answer to which is not found in the Holy Qur'an, then decide the matter,
as the holy Prophet  decided the like matter; if however such a thing comes up answer to
which is found neither in the Qur'an nor the decision given by the Holy Prophet  before,
then the decision should be given as that given by righteous men. If still there comes where a
decision is not found in any of these sources. Then the person before whom the case has
come, should make use of his Qiyas by way of Ijtihad.

In the Nisaa'ee it is reported at this place:

QUOTATION

Abu Abdur Rehman says above this Hadith It is quite true quite true

At the same place in the Nisaa'ee on the authority of Qazi Sharee'h when he asked Hadrat
Umar how he should decide the cases brought to him for decisions. Hadrat Umar replied

Hadrat Umar wrote to him to decide from the Quran, if aclue is not there then Sunnat-e-Rasul
should be consulted. If Kitab-ul-Lah and the Sunnat-e-Rasul-ul-Lah do not provide the
answer. then decide as the righteous have done (Ijmaa'e Ummat) in the past ;but if even this
is not available, then either go ahead if you so desire or take time as respite for thinking, I
feel that in your case deferment or time for thinking is preferable.

The above mentioned both these examples constitute strong proofs for making decisions
through the Qur'an, Hadith, Ijmaa-e-Ummat and Qiyas which can neither be disputed or
rejected through a taweel or any device. The main burden of objection to the process of Qiyas
(Presumption) is based on the strength of the verse which forbids too much of presumption or
even speculation some of which often lead to evils known as sin or crime or plain evils
including suspicion the translated version of the said verse: O you who believe shun too
much of suspicion for suspicion some times becomes or leads to sin or crime.” Here the
major lapse on the part of objectors (ghair muqallids) seems that they do not see the
difference between Qiyas and Zann. Qiyas as a matter of enquiry pertains to discover some
good in a thing while Zann, on the other hand is purely negative in approach and it carries
some evil suggestion in its application. Qiyas cannot be equated with Zann. Viewed from this
point of view, the objection to the process of Qiyas falls as untenable.

The other objection against Qiyas is that it is confused with Najwa (whispering) which
according to the verse is that it emanates from the Devil, or on the spur of the devil
Whispering means speaking some secret, mostly conspiracy against an innocent person which
is an outright senior crime. The word in the Qur'anic verse refers to the mischievous
behaviour of the Munafiqs (hypecrites) who often came to the Holy Prophet . Therefore the
attempt by the ghair muqallids to denounce Qiyas taking it as the same thing as zann and
Najwa (whispers) has no basis of truth.