(Part 15)
The Continuation;
The Second Topic: History of Taqlid (Imitation)
The Era of Mujtahids (Independent Jurists)
The era of mujtahids began in the early 2nd century AH and continued until the mid-4th century AH. During this period, fiqh (Islamic jurisprudence) developed significantly due to various factors:
- The Abbasid Caliphs showed great interest in knowledge, especially in fiqh and its scholars, which led to a remarkable advancement in this science.
- After the conquests during the Umayyad and Abbasid Caliphates, the Islamic territories expanded vastly from al-Andalus to the borders of China. This diverse population brought different customs and traditions which, if not in conflict with Shari‘ah texts, were preserved and enriched Islamic jurisprudence.
- The emergence of great mujtahids during this period helped develop fiqh to meet the legal needs of both the state and its people, and they nurtured brilliant juristic minds.
- The science of hadith was compiled during this time, and weak and strong narrations were distinguished, which further advanced the science of fiqh by making the second source of jurisprudence (hadith) more accessible.
(Ali Jum‘ah, 1422 AH, pp. 354–355)
Taqlid continued in this era similar to the period of the Followers and their Followers, but by now, the Islamic sciences had evolved. Both hadith and fiqh had become independent disciplines with dedicated literature and methodologies. Many quotes from great jurists indicate a rejection of blind imitation (taqlid). The Imams emphasized that no one is infallible in the commands and prohibitions of Allah except the Messenger of Allah (PBUH). For example:
Imam Abu Hanifa said: “This is my opinion, and it is the best I have found. If someone brings a better opinion, accept it.”
Imam Malik said: “I am a human being who sometimes gets it right and sometimes makes mistakes. Present my statements before the Book and the Sunnah.”
Imam al-Shafi‘i said: “If a hadith is authentic, then disregard my opinion.”
Imam Ahmad ibn Hanbal said: “Do not imitate me, or Malik, or al-Shafi‘i, or al-Thawri. Rather, learn as we learned.”
(al-Jizani, 1427 AH, p. 455)
It appears that these statements refer to contemporaneous scholars and jurists, encouraging knowledge seekers to strive for high scholarly ranks. However, when it comes to the general public, due to their limited knowledge or preoccupations, taqlid is a necessity, and there is no disagreement among the Imams regarding this. Imam Ahmad is also reported to have said: “Whoever denies taqlid and says he does not imitate anyone in matters of religion, this is the statement of a corrupt person before Allah and His Messenger. Such a person aims to abolish knowledge and nullify the Sunnah.” (Ibn Abi Ya‘la, n.d., vol. 1, p. 31) Therefore, laypeople are obligated to follow the scholars of the madhhabs