Tuesday, July 30, 2024

At-Taqlid (Imitation) According to the Principles of Islamic Jurisprudence

 

Al-Waraqat-Islamic-Jurisprudence

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 32] 

At-Taqlid (Imitation) According to the Principles of Islamic Jurisprudence

At-Taqlid (imitation) means acceptance of the statement of a person, who does not provide proof for the validity of his statement.

According to the aforementioned definition, acceptance of the statement of Prophet Muhammad [peace be upon him] is called taqlid. However, the correct opinion is accepting the statements of Prophet Muhammad is not taqlid because we accept his statements as there is conclusive evidence for his truthfulness and that his statements must be obeyed. 

If we say that Prophet Muhammad used to make ijtihad, namely, juristic reasoning, though he used to receive divine revelation, then it is permissible to call acceptance of his statement taqlid because we do not know whether his opinion on a particular matter was based on divine revelation or juristic reasoning. The correct opinion is that Messenger Muhammad is eligible to make juristic reasoning and acceptance of his statements is not called taqlid as this truthfulness is established by conclusive proof. Moreover, Messenger Muhammad made juristic reasoning about matters related to this worldly life, and the scholars unanimously agreed that it happened. 

Another definition of taqlid (imitation) is that it is acceptance of the statement of a person without knowing how he deduced it, or what the source of his statement is. 

Requirements Needed for al-Mustafti

Requirements Needed for al-Mufti (Mujtahid)

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY based on Imām al Ḥaramayn al-Juwaynī’s Kitāb al Waraqāt (كتاب الورقات)

The Noble Quran Surah Yusuf English Translation and Tafsir Kindle Edition





Friday, July 12, 2024

Requirements Needed for al-Mustafti

 

Al-Waraqat Requirements Needed for al-Mustafti

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 31] 

Requirements Needed for al-Mustafti 

Al-Mustafti is a person, who asks about the rule of Islamic law on a particular matter. 

Al-Mustafti can be a layperson or an educated person, but not a mujtahid

Al-Mustafti is permitted to follow a mujtahid concerning rules of Islamic law, as he is unable to deduce rules of Islamic law from their proofs.

Al-Mustafti must follow the opinion of al-Mufti as he cannot make juristic reasoning by himself. In other words, when al-Mustafti asks al-Mufti about the rule of Islamic law on a particular issue, he must act according to the rule that al-Mufti issued.

Al-Mujtahid is not permitted to follow the opinions of other scholars because he can make juristic reasoning, except in cases of necessity, such as there is a case requiring an immediate fatwa.

Requirements Needed for al-Mufti (Mujtahid)

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY based on Imām al Ḥaramayn al-Juwaynī’s Kitāb al Waraqāt (كتاب الورقات)

The Noble Quran, English Translation and Tafsir, Surah al-A’la Ayah 1-8 Glorifying Allah & His Ability

The Noble Quran Surah ar-Ra’d English Translation and Tafsir Kindle Edition