(Part 30)
The Sixth Topic: Factors of Taqlid Expansion
Factors Behind the Expansion of Taqlid (Juristic Following)
The continuation:
As mentioned earlier, many sects and schools of thought emerged in Islam after the best centuries (Khair al-Qurūn), and it is possible that more will arise in the future. These new sects have brought nothing but division and discord to the Muslim Ummah. Historically, most of these sects had short lifespans and led to much internal conflict and bloodshed, as seen with the Kharijites, Mu’tazilites, and others. These groups often exploited the emotions of common people, deviated from the secure path, and incited them to oppose the majority, portraying their path as the only true way and everything else as disbelief, falsehood, and misguidance. However, all sectarian interpretations are merely human understandings of religious texts. So why should one individual’s interpretation be considered superior to another’s—especially when it leads to takfir (excommunication) or harmful division? This is why adhering to the four rightful Sunni schools of thought is a unifying and beneficial practice.
In any society, religious scholars form a small minority. Among them, those who possess true piety, expertise, intelligence, competence, care for the Ummah, deep research ability, and awareness of social and global realities are rare—perhaps even unique. Furthermore, maintaining steadfastness in a consistent path is an arduous task that only genuine, research-driven scholars can manage. Hence, the only safe and correct path is to follow the mujtahids of the past.
The Second Speech: Diversity of Opinions
Diversity in Jurisprudential Opinions
The differences among jurists—as discussed previously—based on their individual capabilities and knowledge, have left a rich legacy of jurisprudential opinions in the domain of Islamic law. While this diversity offers many advantages to scholars and legal practitioners, giving them flexibility in legal judgments, it necessitates that the general public adheres to taqlid (emulation). Within and between the different schools of thought, mujtahids have presented varying—even contradictory—opinions based on the evidence available to them. Anyone wishing to utilize these rulings must be a highly skilled scholar and a true mufti who can identify the correct ruling suitable to the context.
After the early generations, history testifies that no scholars on the level of the great Imams have emerged. Ijtihad is a tremendously difficult task. Despite the availability of conditions for ijtihad, the development of sciences, increased public knowledge, ease of access to resources via modern technology and media, and improved communication, the Ummah has not seen another scholar like Imam Abu Hanifa (may Allah have mercy on him). Therefore, absolute ijtihad has become visibly difficult in the current era. Following individuals who, while claiming scholarship, combine opinions from various schools of thought to suit their ease, leads to corruption. Islamic scholars have unanimously agreed that exploiting the dispensations of various madhhabs is sinful and impermissible. (Al-Minyawi, 1432 AH, p. 637; Al-Shatibi, 1417 AH, 5/82)
The diversity of jurisprudential opinions has its merits—chief among them being the utility for judges, muftis, and scholars, giving them valid options that align with specific circumstances. Leniency in religion is important for both the mufti and the questioner, as the Noble Messenger (peace be upon him) said:
«فانما بعثتم میسرین و لم تبعثوا معسرین» ( البخاری).
“You have been sent to make things easy, not to make them difficult.” (Bukhari, 1422 AH, 1/54) This Hadith demonstrates the Prophet’s encouragement of ease and his discouragement of hardship for his followers. Without diverse opinions, there would be no room for leniency. Still, proper and appropriate use of these varied rulings requires scholars of the highest level of jurisprudential understanding, who can, in light of conditions, people’s needs, sound reasoning, and established rules within the madhhab, offer the correct ruling with piety and integrity. This diversity of opinions highlights the need for and importance of following a rightful school of thought.
Imitation in The Present Age
