(Part 29)
The Fifth Topic
Disagreement on the Authority of Certain Legal Sources(Jurisprudential)
The Fifth Speech: Differences in Principles
Differences in Usul Principles
The continuation:
- Restricting the general wording of the Qur’an or mutawatir hadith using a solitary report (khabar al-wahid): If a Qur’anic verse or a mass-transmitted hadith is general and a solitary hadith specifies it, scholars disagree. The disagreement is rooted in whether the general wording provides certain (qat’i) or speculative (zanni) knowledge. Those who consider it speculative allow the solitary hadith to restrict it, while those who view it as certain do not.
- Difference in recitation of certain Qur’anic verses:
For example, in the verse:
«وَامْسَحُوا بِرُءُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَيْنِ» (المائده، 6).
One recitation renders وَأَرْجُلَكُمْ in the accusative (nasb) case, indicating the feet should be washed (due to conjunction with hands). This is the opinion of the majority of jurists.
Another recitation has it in the genitive (kasr) case, suggesting wiping the feet (as it is conjoined with heads), which is the view of some schools. - Difference in implication of opposing meaning (mafhum mukhalafah):
- Difference in general implications of a ruling (umum al-muqtaḍa):
- Difference in separate exceptions (istithna’ munfasil):
- Difference in understanding implied meaning (fahwa al-khitab): (Zaydan 1390 AH, pp. 279–382).
These are among the factors over which the jurists have differed due to the reasons mentioned. Because of this, the Messenger of Allah (peace be upon him) stated that a mujtahid who is correct receives two rewards, and if he is mistaken, he still receives one reward.
The Sixth Topic: Factors of Taqlid Expansion
Factors Behind the Expansion of Taqlid (Juristic Following)
Taqlid is among the important obligations for the general body of faithful Muslims. It plays a major role in addressing the basic and practical needs of worship, transactions, ethics, social relations, and the transmission of Islamic culture from generation to generation. Many factors have contributed to the spread of taqlid from early times until now. These include:
Resolving worship and legal issues of Muslim societies,
Adaptability to time and context,
Diversity of opinions within schools,
Support from Islamic authorities,
The antiquity and maturity of the schools,
Ijtihad on new issues,
Prevention of disagreements and promoting unity within society,
And sometimes, blind sectarian loyalty.
The First Speech: The Necessity of Taqlid
Taqlid is a religious necessity for the general Muslim public around the world. Due to their involvement in economic, political, professional, academic, and other life activities, ordinary people are neither capable nor required to extract rulings from the religious sources themselves. Allah Almighty has not imposed such a duty upon them.
The Holy Qur’an states:
«وَمَا كَانَ الْمُؤْمِنُونَ لِيَنْفِرُوا كَافَّةً فَلَوْلَا نَفَرَ مِنْ كُلِّ فِرْقَةٍ مِنْهُمْ طَائِفَةٌ لِيَتَفَقَّهُوا فِي الدِّينِ وَلِيُنْذِرُوا قَوْمَهُمْ إِذَا رَجَعُوا إِلَيْهِمْ لَعَلَّهُمْ يَحْذَرُونَ» (التوبه، 122).
“It is not for the believers to go forth [to battle] all at once. For why should not a group from every division among them go forth to gain understanding in the religion and warn their people when they return to them—so that they might beware?” [Surah At-Tawbah: 122]
The Holy Qur’an has not invited people to engage exclusively in a specific activity such as jihad, religious scholarship, political or social activism. This is because a society has numerous needs that require the collective efforts of all its members. On this basis, Imam Malik (may Allah have mercy on him) stated that it is obligatory for the general Muslim public to follow the rulings of the mujtahids (jurists). (Al-Qarafi, 1393 AH, 1/430).