Saturday, April 7, 2012


From the Layman’s Desk-15:

After citing the Wahhabi instances of destruction of Islamic heritage in Makkah Moazzama, Madina Munawwara and other places we brief dealt  with the Wahhabi destruction of Classical texts of Sunni scholars by tampering, interpolations and manipulations; Wahhabi expunging and tampering of  ahadith; mistranslating the entire Holy Qur’an with the objective of fooling the Muslims and advancing the innovations of the Wahhabiyya creed.  All this spells disaster for the Muslim world at large.  So what else is left to destroy? Yes, Taqleed!   

The Salafis/Wahhabis have denied and denounced the imitation (Taqleed) of and adherence to one of the Four Schools of Thought (Madhhabs), calling it Haraam, Bid’a,  and Shirk.  Their reiteration of “Qur’an and Sunnah” is just like the Kharjis’ who abandoned Hadrat Ali ® saying: Judgment is for Allah alone.  How false is their assumption can be explained right away in brief:

The word madhhab is derived from an Arabic word meaning "to go" or "to take as a way", and refers to a mujtahid's choice in regard to a number of interpretive possibilities in deriving the rule of Allah from the primary texts of the Qur'an and hadith on a particular question.  In a larger sense, a madhhab represents the entire school of thought of a particular mujtahid Imam, such as Abu Hanifa, Malik, Shafi'i, or Ahmad--together with many first-rank scholars that came after each of these in their respective schools, who checked their evidences and refined and upgraded their work. The mujtahid Imams were thus explainers, who operationalized the Qur'an and sunna in the specific shari'a rulings in our lives that are collectively known as fiqh or "jurisprudence". In relation to our din or "religion", this fiqh is only part of it, for the religious knowledge each of us possesses is of three types. The first type is the general knowledge of tenets of Islamic belief in the oneness of Allah, in His angels, Books, messengers, the prophethood of Muhammad (Allah bless him and give him peace), and so on. All of us may derive this knowledge directly from the Qur'an and hadith, as is also the case with a second type of knowledge, that of general Islamic ethical principles to do good, avoid evil, cooperate with others in good works, and so forth. Every Muslim can take these general principles, which form the largest and most important part of his religion, from the Qur'an and hadith.  The third type of knowledge is that of the specific understanding of particular divine commands and prohibitions that make up the shari'a. Here, because of both the nature and the sheer number of the Qur'an and hadith texts involved, people differ in the scholarly capacity to understand and deduce rulings from them. But all of us have been commanded to live them in our lives, in obedience to Allah, and so Muslims are of two types, those who can do this by themselves, and they are the mujtahid Imams; and those who must do so by means of another, that is, by following a mujtahid Imam, in accordance with Allah's word in Surat al-Nahl, " Ask those who recall, if you know not " (Qur'an 16:43), and in Surat al-Nisa, " If they had referred it to the Messenger and to those of authority among them, then those of them whose task it is to find it out would have known the matter " (Qur'an 4:83), in which the phrase those of them whose task it is to find it out, expresses the words "alladhina yastanbitunahu minhum", referring to those possessing the capacity to draw inferences directly from the evidence, which is called in Arabic istinbat. These and other verses and hadiths oblige the believer who is not at the level of istinbat or directly deriving rulings from the Qur'an and hadith to ask and follow someone in such rulings who is at this level. It is not difficult to see why Allah has obliged us to ask experts, for if each of us were personally responsible for evaluating all the primary texts relating to each question, a lifetime of study would hardly be enough for it, and one would either have to give up earning a living or give up ones Deen, which is why Allah says in surat al-Tawba, in the context of jihad: "Not all of the believers should go to fight. Of every section of them, why does not one part alone go forth, that the rest may gain knowledge of the religion and admonish their people when they return, that perhaps they may take warning " (Qur'an 9:122).  This verse of the Holy Quran indicates in clear terms that a group of muslims should devote itself for acquiring the knowledge of Shariah, and all others should consult them in the matters of Shariah. 
Allah (Himself) is Witness that there is no God save Him. And the angels and the men of learning (too are witness). [3:18]
The erudite among His bondmen fear Allah alone [35:28]
Allah will exalt those who believe among you, and those who have knowledge, to high ranks. [58:11]
As the above verses show, Allah exalts those who are possessed of knowledge to high ranks.  The status of men of learning is such that Allah Himself accepts them as witnesses to his Unity for they are the ones who fear Allah alone and they are the closest to Allah.   In short, the general principle of Taqleed according to Holy Qur’an is: “And, ask the people of knowledge if you don’t know”
According to a Hadith: Aswad bin Yazid narrates, "Mu'aath came to us in Yemen as a teacher and commander. We questioned him regarding a man who had died leaving (as his heirs) a brother and sister. He decreed half the estate for the daughter and half for the sister. This was while the Rasulullah sallallahu alaihe wasallam was alive." [Kitaabul Faraa-idh: Bukhari and Muslim Shareef] It will be realised from this Hadith Shareef that Taqleed was in vogue during the time of the Prophet sallallahu alaihe wasallam. The questioner (in the Hadith) did not demand proof or basis for the decree. He accepted the ruling, relying on the integrity, piety and up-righteousness of Hazrat Mu,aath radiyallahu anhu. This is precisely Taqleed.  Secondly Rasulullah sallallahu alaihe wasallam did not criticize or reject the people of his age, who followed Hazrat Mu-aath radiyallahu anhu, nor has any rejection or difference on the issue been narrated by anyone else. The permissibility and validity of Taqleed are therefore evident, especially so because of it’s prevalence in the glorious time of Rasulullah sallallahu alaihe wasallam. This Hadith further furnishes proof for the concept of Taqleed-us-Shakhsi. Rasulullah sallallahu alaihe wasallam had appointed Hazrat Mu-aath radiyallahu anhu to provide religious instruction to the people of Yemen. It is, hence, evident and certain that Rasulullah sallallahu alaihe wasallam granted the people of Yemen the right and permission to refer to Hazrat Mu-aath radiyallahu anhu in all affairs of Deen.  There is absolutely no record of any person who was a Ghair Muqallid at that time or someone who objected to this set-up.

According to Islamic scholars, there was another large group of Sahabah (radhiAllaahu anhum) who remained in the service and presence of Nabi (sal Allaahu alaihi wasallam).  Rasulullaah (sal Allaahu alaihi wasallam) used to send these Faqhis into their tribes and their people used to ask Mas`ala Masaa`il from them. This is called TAQLEED.  There appear thousands of Masaa`il and Fataawa from these Fuqaha Sahabah (radhiAllaahu anhum), which are reported in books such as Musannif Abdur Razzaaq,  Ibn Abi Shaibah, etc.  In these Books only the Mas`alas are reported. No mention is made of the proofs. There were also no objectors or sceptics to these Masaa`il.  All these Masaa`il are reported with numerous narrators from amongst the Sahabah (radhiAllaahu anhum). It is therefore apparent that even the Sahabah (radhiAllaahu anhum) consented and approved these Masaa`il.  TAQLEED was practised during the era of the Sahabah (radhiAllaahu anhum), and there was not a single Ghair Muqallid. It is ascertained from the history books that at least one person was sent from every tribe to acquire knowledge, and the entire tribe would seek Fataawa and rulings from this one person. This is known as TAQLEED-E-SHAKHSI.  Shah Waliullaah (rahmatullahi alaih) states:  “The Sahabah and Taabi`een were not all of the same rank and standing.  In fact some of them were Mujtahid and others were Muqallid”. [Qurratul Ainain, page 251].

It is evident that the era of the Sahabah and the Taabi`een was an era where Ijtihaad and Taqleed was the order of the day. There was not even one Ghair Muqallid present in that era.  Whenever Hadrat Abu Bakr ®  gave a Fatwa, he made it clear that it was his Ijtihaad and view [Jaami`u Bayaanul Ilm, page 51, vol.2]. The people followed these rulings of Hadrat Siddeeq-e-Akbar ® .  There is no mention made in any Kitaab about even one objector or rejecter of this Taqleed.  Hadhrat Umar (radhiAllaahu anhu) also gave Fataawa from his Ijtihaad and view [Mizaanul Kubra Li Sha`rani, page 49, vol.1]. He sent a message to his judges that they also make Ijtihaad when passing a ruling (which was not clearly found in the Qur`aan Shareef, Ahadith or amongst the senior Sahabah) [Jaami`u Bayaanul Ilm, page 56, vol.2].  There is no mention made in any Kitaab about even one objector or rejecter of this.  Hadrat Uthmaan ®  took the pledge of Khilaafat, on the condition that he follow (make Taqleed) of the former Khalifahs. [Sharah Fiqh-e-Akbar, page 79].  Hadrat Ali ® used to say: I am making Ijtihaad according to my view. [Ibid].

The Fataawa of Hadrat Abdullaah bin Mas`ood ® was followed in the Daarul Uloom of Kufa.  He used to give Fataawa from the four sources of Fiqh (Adilla Arba`a) [Nisai, page 264].  In most of his rulings he used to say:  “I am giving this ruling according to my view”. [Jaami`u Bayaanul Ilm, page 58, vol.2].  Many of his Fataawa are mentioned in the Books of ahadith.  His Masaa`il are given without mentioning any proof, and everyone followed him without any objection. This is known as TAQLEED-E-SHAKHSI.  The inhabitants of Makkah Mukarrama used to make TAQLEED-E-SHAKHSI of Hadrat Abdullaah ibn Abbaas ®. Many of his Fataawa are listed in Musannif Abdur Razzaaq and Musannif Ibn Abi Shaibah.  The Fataawa of Hadrat Zaid bin Thaabit ® was followed in Madinah Munawwarah.  Whatever Fatwa he gave he used to say: “This is my view. “ [Jaami`u Bayaanul Ilm, page 58, vol.2].  The Fataawa of Hadrat Anas ®  was followed in Basra. Many of his Fataawa are also stated in Musannif Abdur Razzaaq and  Musannif Ibn Abi Shaibah, where no proofs are mentioned.  The inhabitants of Basra used to follow him to the letter without any objections and they made TAQLEED-E-SHAKHSI of him.  The Fataawa of Hadrat Abu Darda (radhiAllaahu anhu) was followed in Damascus. Whatever Fatwa he gave he used to say:  “This is my view”. [Jaami`u Bayaanul Ilm, page 58, vol.2].  Many of his Fataawa are mentioned in the Books of ahadith. His Masaa`il are given without mentioning any proof.  It may be stated that many of the Fataawa of the Khulafah-e-Rashideen appear in Musannif ibn Abi Shaibah, wherein no mention is made of their proofs, nor was there ever any objectors or rejecters, neither did any of the followers seek proof. This is known as TAQLEED. 
Just as there is no name, mentioned anywhere, of any Ghair Muqallid during the 23 years of Nabuwwat, so too is there no name of any person who was a Ghair Muqallid during the entire 30 years of Khilaafat-e-Raashida.  Hadrat Imaam Ghazali (rahmatullahi alaih) states that TAQLEED is proven from the Ijma of the Sahabah (radhiAllaahu anhum), because they used to give Fataawa to the masses (for which they provided no proofs). They did not order the masses to make their own Ijtihaad. [Al-Mustasfa, page385, vol.2].
Wahhabis thinks that everyone is capable of following the Qur’an and the Sunnah independently and deriving a ruling without him or her having to seek the advice of an expert in the field?  That is patently a false assumption! One has to be at least a Mujtahid if not Mujtahid Mutlaq (Absolute Mujtahid).  A mujtahid is someone qualified to exercise ijtihad, which literally means striving and technically means juridical endeavor and competence to infer expert legal rulings from foundational proofs within or without a particular school of law.   

Shaykh Gibril Haddad points out a list of the requisites of Ijtihad summarized from the book "PRINCIPLES OF ISLAMIC JURISPRUDENCE" by M Kamali p374-377

Firstly the mujtahid must be a Muslim and a person of sound mind and intellectual competence. Requirements of a mujtahid : *Knowledge of Arabic such than he can understand the Qur'an and Hadith correctly.
*Knowledge of the Qur'an which includes Makki/Madani; Occasions of
Revelation; Incidences of Abrogation; LEGAL TEXTS (aayaatul ahkaam).
(In short all the requisites of Tafsir) *Knowledge of the Sunnah specifically the legal texts (ahaadeethal ahkaam)
He must know where to find the Hadiths and be able to distinguish the reliable narrations from the weak.
*Knowledge of the substance of the Furu` works and the points on which there is Ijma`.
*Knowledge of Qiyas (Analogical Deduction)
*Knowledge of the Maqasid (objectives) of the Shari`ah
*Knowledge of the General Maxims of Fiqh. eg. Certainty prevails over Doubt.
Another description can be found in Shaykh `Ali Hasabullah's _Usul al-Tashri` al-Islami_ (5th ed. 1976) p. 94-95 but which we will not discuss for brevity’s sake.  

Now, if a person asks an authentic 'alim (knowledgeable person) about the Shariah ruling in a specific matter, and acts upon his advice, can a reasonable person accuse him of committing shirk on the ground that he has followed the advice of a human being instead of Quran and sunnah? Certainly not. The reason is obvious. He has not abandoned the obedience of Allah and His Messenger; rather, he wants nothing but to obey them. However, being ignorant of their commands, he has consulted an 'alim in order to know what he is required by Allah to do. He has not taken that 'alim as the subject of his obedience, but he has taken him as an interpreter of the divine commandments. Nobody can blame him for committing shirk. 
As for Mujtahid Mutlaq or "absolute mujtahid", he is the one who has attained the rank and superlative Taqwa of the Four Imams Abu Hanifa, Malik, al-Shafi`i, and Ahmad ibn Hanbal.  There is not even one claimant to that title today.  In fact, no Mujtahid-i-Mutlaq came after Fourth Century Hijrah.  Strangely, in his speech the Wahhabi Dr. Bilal Philips says that we should follow the Madhhab of Rasool Allah as if  Imam Abu Hanifa, Imam Shafi’I, Imam Hanbal and Imam Malik did not follow the way of Rasool Allah (sal Allahu alayhi wasallam)!  The anti-Taqleed lobby attempts to hoodwink unwary Muslims by asking the question: " Did the Madh’habs exist during the time of Rasulullah sallallahu alaihe wasallam and the Sahaabah?   In fact, this very question posed by deviants', exhibits either their gross ignorance or their deliberate to hoodwink the unwary. If the madhab did not exist during the time of Rasulullah sallallahu alaihe wasallam and the Sahaabah, the logical conclusion is that the entire Shar'iah which the illustrious Imaam have expounded is not the Shar'iah taught by Rasulullah sallallahu alaihe wasallam and the Sahaabah. But, this is absurd and preposterous. The madhab of all the teaching of the Madhabs are in fact the teachings of the Qur’aan and the Sunnah. Nothing in the Madhabs conflicts with the Qur’aan and Hadith.  All the four Imams had memorized the whole of the seven different recitations of the Qur’an, thousands of ahadith and used a consistent methodology to derive rulings from the Qur’an and the Sunna and used analogical reasoning only as the very last resort.  Is there any one Wahhabi scholar past or present who can match any one of  the four Imams today in the foundational texts of Islam and deriving a legal reasoning of that standard?  Plainly not!   As Shaykh Keller says that ignorance of the principle of Takhsis or Restriction seems to be especially common among the would-be mujtahids of our times “from whom we often hear the more general ruling in the words "But the Qur'an says," or "But the hadith says," without any mention of the more particular ruling from a different hadith or Qur'anic verse that restricts it. The reply can only be "Yes, brother, the Qur'an does say, 'The food of those who have been given the Book is lawful for you,' But what else does it say?" or "Yes, the hadith in Sahih al-Bukhari says the Prophet (Allah bless him and give him peace) bared his thigh on the return from Khaybar. But what else do the hadiths say, and more importantly, are you sure you know it?"   

Shaykh Nuh Ha Mim Keller states that whoever makes Ijtihad (striving to know the ruling) without the sound knowledge of everything the Prophet (sal Allahu alayhi wasallam) taught relating to the question is a criminal.   As a proof he points out a hadith that the Companion Jabir ibn ‘Abdullah said:   We went on a journey, and a stone struck one of us and opened a gash in his head. When he later had a wet-dream in his sleep, he then asked his companions, "Do you find any dispensation for me to perform dry ablution (tayammum)?" [Meaning instead of a full purificatory bath (ghusl).] They told him, "We don't find any dispensation for you if you can use water."  So he performed the purificatory bath and his wound opened and he died. When we came to the Prophet (Allah bless him and give him peace), he was told of this and he said: "They have killed him, may Allah kill them. Why did they not ask?-for they didn't know. The only cure for someone who does not know what to say is to ask" (Abu Dawud, 1.93).  This hadith, which was related by Abu Dawud, is well authenticated (hasan), and every Muslim who has any taqwa should reflect on it carefully, for the Prophet (Allah bless him and give him peace) indicated in it-in the strongest language possible-that to judge on a rule of Islam on the basis of insufficient knowledge is a crime. And like it is the well authenticated hadith "Whoever is given a legal opinion (fatwa) without knowledge, his sin is but upon the person who gave him the opinion" (Abu Dawud, 3.321).

The different ways methods of Ibaadat, etc., which the Madhabs are applying, are the ways and methods of the Sahaabah which they had acquired from Rasulullah sallallahu alaihe wasallam. The differences were inherited from the Sahaabah and such differences are by Divine Decree, hence Rasulullah sallallahu alaihe wasallam said:  "The differences of my Ummat is a Rahmat". Thus, there is nothing detestable in the differences prevailing among the Madhabs. These valid and authentic differences do not bring about disunity, as is stupidly asserted by the modernist deviants'. The ignorance of people and their desires are the causes of disunity.  While the terms, Hanafi, Shaaf'i, etc. did not exist in the time of Rasulullah sallallahu alaihe wasallam and the Sahaabah, the teachings of these Madhabs, all had existed. While Bukhari Shareef did not exist, the Ahaadith contained in the book did exist. It is, therefore, stupid to pose the question of the Madhabs during the time of Rasulullah sallallahu alaihe wasallam. There is unity in this diversity. Deen is the product of wahi, not the result of man’s desires. Since the hawa (desire) cannot find free-play within the chains of Taqleed the aim of the deviates is to refute the concept of Taqleed. But, breaking the chains of Taqleed is to enchain oneself with the shackles of the nafs.

It is necessary to make Taqleed of one Imaam only.  Allah Taa’la says in Surah Hud Ayaat 26: ‘And do not follow your desires (in future too) for it will lead you astray from the path of Allah.’ It is for this reason that the Qur’aan-e-Kareem has commended adherence towards Allah (repeatedly). Allah Ta'aala says: "And follow the way of that person that person who turns towards me."  Generally someone feels according to his strong presumption that Imaam Abu Hanifa Rahmatullahi alaihe is most probably correct and munib (has the quality of ibaadat), that is, his Ijtihaad conforms more with the Qur'aan and Hadith. That is why he has opted to make Taqleed of Imaam Abu Hanifa Rahmatullahi alaihe. Another person has this strong feeling that Imaam Maalik Rahmatullahi alaihe ijtihaad conforms with the Qur’aan and Hadith, therefore, he makes Taqleed of Imaam Maalik Rahmatullahi alaihe. Someone has this feeling regarding Imaam Shaaf'i Rahmatullahi alaihe ijtihaad, that is why he makes Imaam Shaaf'i Rahmatullahi alaihe taqleed and someone for this very reason makes taqleed of Imaam Ahmed bin Hanbal Rahmatullahi alaihe. Simply stated, we cannot mix up the Taqleeds of the four Imams.  If you are a Hanafi, follow the Taqleed of only Imam Abu Hanifa.  If you are a Hanbali, follow the Taqleed of Imam Ahmed b. Hanbal and so on.  Mixing up is but following of one’s own desire is called Talfeeq and not Taqleed.  This is another trick played sometimes by the Wahhabis who make a show by saying  that they follow the four Imams of the Schools of Thought but in fact they just do the talfeeq.   There is ijma (consensus of opinion)  that talfeeq is ba’til and impermissible.

According to an Islamic student, one who has discarded Taqleed, even if he does not resort to Ijtihaad himself, nor follows the meaning conveyed superficially by the words, will, in difficult Masa’il accept the verdict of any authority. He will at times follow one Imaam and at other, another. In this way he will sometimes practice in opposition to Ijma, and on occasions, even if the result is not in conflict with Ijma he will resort to the verdict which appeals to his whims and fancies and by means of which worldly motives are available. Thus, he will submit the Deen to the dictates of the nafs. One of the destructive evils which will raise its head in the absence of Taqleed-us-Shakhsi is self- appointed Mujtahids. Some persons will consider themselves to be Mujtahids and embark on the process of Qiyas (Shar’i analogical reasoning) and they will consider themselves to be of equal or greater rank than the illustrious Mujtahideen of the early ages of Islam. The previous Mujtahideen have reliably stated that some laws are Mu’all’al (based on certain causes). Citing this some modernists have claimed that the command of wudhu for salaah is mu’all’al, it being the consequence of the early Arabs being camel-herds and goatherds. Since their occupation of tending animals exposed them constantly to impurities, the command of wudhu was formulated. On this basis they claim that since people of the present time live in environments and occupations of greater hygienic conditions, wudhu is no longer necessary for salaah. They conclude thus, the permissibility of salaah without wudhu.  Similarly, it is claimed (by such self-styled mujtahids) that the wujub of witnesses in the Nikah ceremony is mu’all’al, the need of witnesses being occasioned by the occurrence of a dispute which may arrive in the future. The presence of witnesses will facilitate the resolving of disputes between the contending marriage parties. On this basis they conclude that where there exists no danger of dispute, the Nikah will be valid without witnesses.  Another evil resulting from the discarding of Taqleed us Shukhsi is to practice in accordance if the esoteric (zahir) façade of certain Ahaadith whereas such a practice is certainly not lawful. The summary of what has been said is; Taqleed-us-Shakhsi is the basis for a wajib aspect (viz., acting in accordance with the commands of the Shariah) and the basis of a Wajib is also Wajib, hence Taqleed-us-Shakhsi is likewise Wajib.  Since the discarder of Taqleed-us-Shakhsi sees himself unchecked and unfettered he follows the dictates of his nafs.  Thus there are many other examples.  

Shortly stated, abandonment of Taqleed is the snare spread by Satan to destroy the Deen.  We seek Allah’s protection from the accursed Satan.  
As Islamic scholars say: In the present time the Ahlus Sunnah Wal Jama’ah is confined to the four Madhabs. Whoever searches for the path of the Sunnah beyond the confines of the four Madhabs will deviate into Baa’til. Since every teaching of the four Madhabs is the Qur’aan and the Sunnah, deviation therefrom is to deviate from the Sunnah. Those who deviate from the Sunnah are destined for Jahannum according to the explicit pronouncement of Rasulullah sallallahu alaihe wasallam who said: "Bani Israael split into seventy-two sects. My Ummat will split into seventy-three sects. All of which, save one, will be in the fire"  When he was asked regarding the sects which will be saved from the fire Rasulullah sallallahu alaihe wasallam said:  "That path on which I and my Sahaabah are."  Salvation (Najaat) in the hereafter (Aakhirah) therefore depends on donning the mantle of Taqleed.  

Subhan Allah Salafis are now 6 different groups, with each group making tabd'iee or tafsiq of the other.. all this while claiming to be "the true followers of the Salafs aqida and manhaj"...They are:
1) Neo-Salafi/Madkhali/Jami/Murji'ia Salafis: their shaikhs are Rabee Madkhali, Shaikh Al-Jami, Shaikh Ali Halabi Al-Athari
2) Salafiyya Mashyakhiyya: Ibn Baz, Ibn Uthaymeen, Albani, Muqbil Wad'iee
3) Salafiyya Ilmiya: Abdul Rahman Abdul Khaliq, the Ansarul Sunnah movement
4) Ikhwani Salafis: Abdul Majeed Zandani, Omar Al-Ashqar
5) Suroori/ Sahwa Salafis: Safar Hawali, Salman Oadah
6) Salafi Jihadi: Osama bin Laden & Al-Qaeda

Muslim scholars inform us that the Wahhabi/Salafi Sect has been breaking into as many as One Hundred and Fifty sects out of which at least thirty-three have been  distinctly identified by them.   However, some of the  traits  that are common to these breakaway groups  are militancy, aggression and intolerance, in addition to their trying to outdo one another in their disrespect of the Holy Prophet (sallal laahu alaihi wassallam) and destroying the graves of  his Companions, parents, progeny, family, as well as the graves  of Awliya-Allah.  

So how they dare say that the people who follow the four schools are upon bid’ah, or at worse are committing Kufr and Shirk?  And they expect common Muslims to follow the Qur’an and Sunnah by themselves.  Will it not lead to confusion and anarchy and cause harm to Islam?   The Wahhabis/Salafis look upto Ibn Taimiyya with admiration.  Surely they know that Ibn Taimiyya said (in Majmu’a al-Fataawa) that Ahlus Sunnah wal Jama’ah are agreed upon the fact by consensus of opinion (Ijma) that Ijtihad is permissible for a scholar of adequate qualification and Taqleed is permissible for common people who are incapable of performing Ijtihad! 

Lastly, lest it be confused, Taqleed is not permissible in matters of ‘Aqida (Belief).  One must believe because one is convinced of what one believes; not merely because someone else believes.  This issue is discussed in detail in the classical books of Ash‘ari ‘aqida, such as the Jawharat al-Tawhid and the commentaries on the Sanusiyya

Also, some of the derivative Masaa`il are such that there exists a consensus of opinion of the Sahabah (radhiAllaahu anhum). There also exists a consensus of opinion of all four the Imaams. There are some Masaa`il upon which there exists a difference of opinion between the Sahabah (radhiAllaahu anhum), and the four Imaams have each taken a certain aspect (of this difference) and included it into his Madhhab (in this way every action of Nabi (sallAllaahu alaihi wasallam) is being practised upon by this Ummat).

Allah and His Rasool know best!
To continue, Insha Allah

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