(Part 31)
The Sixth Topic: Factors of Taqlid Expansion
Factors Behind the Expansion of Taqlid (Juristic Following)
The Third Speech: New Jurisprudential Issues
After the era of the great mujtahids and the emergence of discord and unqualified claimants to ijtihad, scholars of Ahl al-Sunnah wal-Jama’ah declared the closure of the gate of individual ijtihad. At the time, this decision helped prevent further division and sedition within the Ummah. In the modern era, while acknowledging the reasons for closing the gate of ijtihad, scholars have turned to collective ijtihad to address new jurisprudential challenges. This approach serves both to solve emerging issues and to establish a more reliable process than individual ijtihad, as collective reasoning far outweighs individual understanding. Islam promotes consultation and collective decision-making in matters not definitively settled by the Qur’an or Hadith. Consultation is a commendable and accepted practice across all times. Islamic law is principled, systematic, dynamic, and responsive to new issues throughout the ages. Therefore, the need for collective ijtihad remains, allowing qualified scholars, through state-sponsored legal assemblies, to resolve complex jurisprudential issues in areas lacking definitive evidence. These scholarly bodies provide greater assurance and foster unity among jurists and the broader Ummah.
In the modern age, new issues have arisen for which traditional Islamic jurisprudence does not offer explicit solutions. In such cases, only collective ijtihad by highly qualified scholars can offer effective answers. The fatwas resulting from such ijtihad are far more authoritative and practical than individual opinions in today’s complex and diverse world. Muslims live in various continents, with different social and cultural backgrounds, and collective ijtihad can consider all these factors to produce applicable guidance for the global Muslim community. Hence, all Muslims—regardless of where they live—are bound to follow the jurisprudence of both classical and contemporary collective ijtihad, as no better alternative than taqlid is available.
The Fourth Speech: The Islamic State Support
Support from the Islamic State:
An Islamic state requires a comprehensive and universally accepted legal code to regulate courts and societal affairs. Such a code serves as a foundation not only for legislation but also for political, social, and cultural governance. Naturally, this necessity leads the state to support the school of thought best equipped to fulfill these needs. After the era of the Khayr al-Qurūn and during the late Umayyad period—when Islamic jurisprudence began to be systematized—jurists across the vast Islamic empire engaged fully in legislative efforts.
During the Abbasid and Ottoman caliphates, the Hanafi school gained prominence due to its capable jurists, well-established principles, practical legal experience, the earliest codified legal texts in civil law, and most importantly, its moderate and adaptable rulings. These attributes attracted state support. There is no doubt that state support helps a school of thought flourish, but intrinsic scholarly strength is equally important. For example, the Abbasid Caliphate once supported the Mu’tazilite sect, which temporarily grew in influence.
However, once the political support ended, their extremism and opposition to mainstream scholars led to their decline and disappearance from Islamic intellectual life. Thus, while state support can enhance the practice of taqlid, it is not the sole reason for its prevalence. The inherent capability of a school to meet societal needs and its moderation are crucial factors. Sects and fringe groups typically lack these qualities. They tend to isolate themselves from the broader community, claiming novel insights and reforms. History shows that such groups often cause societal discord and disrupt communal harmony. Their following usually comprises emotionally driven and less knowledgeable individuals.