Commentary
According to Ruh al-Ma’ ani, it was after the revelation of the first verse cited above that the Mushrikin of Makkah sent their emissaries to the Jews of Madinah to find out if it was true that all earlier prophets had always been from the genus of men.
Though, included under the Qur'anic expression: أَهْلَ الذِّكْرِ (Ahludh-Dhikr) were the people of the Book and believers all together, but it was obvious that the Mushrikin (disbelievers) were to be satisfied only by the statement of non-Muslims - because they themselves were not satisfied with what the Holy Prophet ﷺ was telling them. So, how could they accept the statement of other Muslims?
The word: ذِکر (dhikr) in the combination of: أَهْلَ الذِّكْرِ [ Ahludh-Dhikr : translated here as 'the people (having the knowledge) of the Message'] is used to carry more than one meaning. One of these is or knowledge. It is in this sense that the Holy Qur’ an has identified the Torah too as Dhikr: وَلَقَدْ كَتَبْنَا فِي الزَّبُورِ مِن بَعْدِ الذِّكْرِ 'And verily We have written in the Zabur (Scripture, Psalms), after the Dhikr (the Message, Torah) ' - 21:105. Similar to this is the statement which follows next: أَنزَلْنَا إِلَيْكَ الذِّكْرَ We sent down the Message (The Qur'an) to you - 16:44]. Here, the word: الذِّكْرِ (Adh-Dhikr) means the Qur'an. Therefore, 'ahludh-dhikr' literally means 'the people of knowledge' (as refined in the cited translation). And who are those referred to as Ahlul-` Ilm or 'the people of knowledge' at this place? As apparent in this case, they refer to the scholars among the people of the Book, the Jews and Christians. This is the view of Sayyidna Ibn ` Abbas ؓ ، Hasan and As-Suddiyy and others. Then, there are scholars who have taken 'Adh-Dhikr' at this place as well in the sense of AI-Qur'an, and thus explained 'Ahludh-Dhikr' in the sense of Ahlul-Qur'an. However, the clearest position taken in this matter is that of Rummani, Zajjaj and Azhari. They say:
المراد باھل الذکر علماء اخبار الامم السالفۃ کَایٔنا من کان فالذکر بمعنی الحفظ کانّہ قیل اسألوا المطلعین الخبارا لام یعلموکم بذلک
'Ahludh-Dhikr' means authentic historians of past peoples based on this investigative position, this definition includes therein the people of the Book, the Jews and Christians, and the people of the Qur’ an, the Muslims as well.
The word: الْبَيِّنَاتِ (al-bayyinat) in verse 44 means clear signs and miracles, the later being more aptly applicable here. The word: زُّبُر (zubur) is the plural form of: زُّبُرہ (zubarah) which means large pieces of iron as in: آتُونِي زُبَرَ الْحَدِيدِ (give me pieces of the iron - 18:96). Because of the relevance of putting pieces together, writing is called: زَبَر (zabar), and a written book is known as: الزِّبر (az-zibr) with its plural as: الزَّبُورِ (az-zabur). In short, at this point, it means the Book of Allah which includes Torah, Injil, Zabur and Qur’ an.
Non-Mujtahids must follow Mujtahid Imams: The Essence of Taqlid
Though, the sentence: [ So, ask the people (having the knowledge) of the Message, if you do not know - 43] has appeared at this place in relation with a particular subject, but its words are general and are inclusive of all other matters of concern. Therefore, given the way Qur’ an has with words, this is really an important rule of procedure based on reason and revelation both, that is, those who do not know injunctions revealed for them ask those who do, and act accordingly. It is as simple as that. So, it is the duty of those who do not know that they should act in accordance with what they are told by those who do. This is what Taqlid (to follow in trust) is. Not only that it is an explicit command of the Qur’ an, there is just no other way the mass practice of religion can be achieved, even if it was to be argued rationally. This rule has been in practice throughout the Muslim community right from the age of the noble Sahabah to this day without any division or difference. Even those who disavow Taqlid do not reject the kind of Taqlid under which those who are not ` Alim (knowledgable in religion) should take Fatwa from the ` Ulama' and act accordingly. And it is obvious that, even if the ` Ulama' were to give proof of their view from the Qur'an and Sun-nah to masses of people who are unaware, they would still accept these arguments and proofs on the authority of, and trust and confidence in the same ` Ulama'. They themselves do not have the ability to understand and assess arguments and proofs presented. And Taqlid is nothing but that one who does not know places his trust and confidence in some-one who knows and accepts the injunction in question as the injunction of the Shari’ ah, and acts accordingly. This is one Taqlid the justification of which - in fact, the necessity of which, leaves no room for any difference.
However, as for ` Ulama' who themselves have the ability to under-stand Qur'an and Hadith and know the places where consensus (Ijma`) exists, they are free to act, in the case of such injunctions as have been clearly and explicitly mentioned in Qur'an and Hadith - and in which there exists no difference among the learned Sahabah and Tabi` in as well - in these they can act directly according to Qur'an, Hadith and Ijma`. In these matters, ` Ulama' need not follow (Taqlid) any Mujtahid. But, there are particular injunctions and rulings which have not been explicitly spelt out in Qur'an and Sunnah, or wherein there appears to be some contradiction in the 'ayat (verses) of the Qur'an and the riwayat (narrations) of Hadith, or in which there has come up some difference among the Sahabah and Tabi'in in determining the meaning of Qur’ an and Sunnah - such rulings and injunctions are the object of Ijtihad. In the terminology of Islamic Fiqh (jurisprudence), these are called issues and problems in which Ijtihad is possible. The rule which governs this is that an ` Alien who does not possess the class and rank of Ijtihad, he too must follow one of the Mujtahid Imams in these issues. Just relying on personal opinion, preferring one verse or narration and going by it while dismissing another verse or narration as less weightier is something not permissible for him.
Similarly, there are particular injunctions not mentioned explicitly in the Qur’ an and Sunnah. To deduce these out employing the principles provided by the Qur'an and Sunnah, and to arrive at and determine their precise Islamic legal operative order (al-hukm ash-shari, is the functional prerogative of only those Mujtahids of the Muslim Ummah who occupy the highest station of expertise in the Arabic language, its lexicography, idioms and modalities (turuq) of usage, and who possess an additional mastery over all fields of knowledge related to Qur'an and Sunnah, and above all, who are credited with a conduct of life marked by exemplary piety and god-fearingness. Such people are no less than the great Imam Abu Hanifah, Shafi` i, Malik, Ahmad ibn Hanbal, or Awza` i, jurist Abu Al-Laith رحمۃ اللہ علیہم and others like them. These were people Allah Ta’ ala had specially blessed. They lived closer to the age of prophethood, and that of the Sahabah and the Tabi'in. Under the canopy of this barakah, Allah Ta’ ala had bestowed upon them a very special taste of understanding the principles and objectives of the Shari’ ah and an equally special expertise of extracting textually non-prescribed (ghayr mansus) laws from the laws already prescribed in the sacred texts (mansus) by using the methodology of analogical deduction (qiyas). Now, in such issues and problem where Ijtihad efforts have been exhausted at the highest con-ceivable level, it is necessary even for the ` Ulama' at large that they must follow one of the Mujtahid Imams. Going by any new opinion contrary to that of the Mujtahid Imams is error.
This is why great men of learning, ` Ulama', Muhaddithin and Fuqaha' like Imam al-Ghazali, Razi, Tirmidhi, Tahawi, Ma'zini, Ibn Humam, Ibn Qudamah and hundreds and thousands of early and later men of learning of the same standard, despite their high expertise in fields of Arabicism and Islamic Religious Law, have always remained voluntarily restricted to following Mujtahid Imams invariably. They never considered it permissible to give a Fatwa following their own opinion, contrary to all Mujtahid Imams.
Nonetheless, these blessed souls did have that standard ranking in learning and piety that they assessed the sayings of the Mujtahid Imams on the anvil of proofs from the Qur’ an and Sunnah, after which they would go by the saying of the Imam which they found, out of the sayings of the Mujtahid Imams, closest to the Qur'an and Sunnah. But, they never thought it to be permissible either to depart from the approach taken by Mujtahid Imams or to hold some opinion contrary to all of them. The essential reality of Taqlid is no more than what has been stated here.
After that, came a gradual decline in the standards of knowledge and what was originally based on Taqwa and godliness came to be contaminated with personal interests and preferences. Under such conditions, given the kind of liberty that people could go by the saying of any one Imam in a religious problem of their choice and opt for the saying of some other Imam in some other problem they choose, the inevitable outcome would be that people would start following their worldly desires in the name of following the Shari'ah by opting for the saying of an Imam which is more conducive to the fulfillment of their worldly desire. This is, as obvious, no following of a religion or Shari'ah. In fact, this would be the following of one's own interests and desires - which is Haram by the consensus of the entire Muslim Ummah. In Muwafqat, Allamah Shatibi has dealt with this subject in great details. And Ibn Taymiyyah too, de-spite his opposition to Taqlid at large, has rated this type of following in his Fatawa as being Haram by the consensus of the Muslim Ummah.
Therefore, later day jurists of Islam considered it necessary that all those who act according to the precepts of the Shari'ah should be made to follow only one of the Mujtahid Imams. From here began what was to be known as 'personal following' (Taqlid Shakhsi) which, in reality, is a functional operative order to keep the system of religion in tact so that people do not succumb to following their own desires under the cover of religion. This is precisely what Sayyidna ` Uthman al-Ghani ؓ did with the total agreement of the noble Sahabah when he restricted the seven versions (سبعَہ احرف) of the Quran to only one version - though all seven versions were reading of the Quran and were revealed through angel Jibra'il as wished by the Holy Prophet ﷺ . But, when the Holy Qur'an spread all over non-Arab countries, the danger that it might be altered or interpolated because of its seven readings became acute. So, it was by a total agreement of the Sahabah that Muslims were instructed to write and recite the Qur'an in one version only. Sayyidna ` Uthman al-Ghani ؓ arranged to have all copies of the Quran written according to this one version which he dispatched to various parts of the world. The entire Muslim Ummah follows this Quran even to this day. This never means that other versions were not true or authentic. The fact is that this one version was taken to in the interest of a better management of religious affairs and so that the Quran stays protected against any possible alterations or interpolations.1 Similarly, all Mujtahid Imams are true. When one of them is chosen to be followed, it never means that other Imams are not worthy of being followed. Far from it, it is only a functional arrangement. One decides for himself in terms of his conveni-ence he has in following a particular Imam. But, while doing so, he also considers other Imams as worthy of the same respect.
1. All this discussion is based on the theory of Allamah Ibn Jarir (رح) about the "Seven Versions" (سَبعَۃ احراف). For a detailed treatment of the subject, please see my introduction at the beginning of volume I. (Muhammad Taqi Usmani)
This is totally similar to a situation where it is considered necessary that only one of the many physicians present in town be chosen and assigned particularly for the treatment of a sick person. The reason is that it is not advisable for the patient that he goes about following his personal opinion in using the prescription of one physician at some time and that of another physician at some other time. Such a method of seeking solutions to one's medical problem is patently fatal. It should be understood that the choice of a specific physician made by the patient for his treatment never means that other physicians are no experts, or lack the capability of proper treatment.
The reality of the different juristic schools Hanafi, Shafi’ i, Maliki and Hanbali that emerged in the Muslim Ummah was no more than what has been stated. As for giving it the touch of sectarianism and factionalism or increasing the heat of mutual confrontation and dissention is concerned, it is no valid mission of the revealed religion, nor have the discerning and far-sighted ` Ulama' ever considered it good. That which happened was that scholarly debate and research by some ` Ulama' became coloured with polemics which later reached the level of blames and satirical remarks. Then came ignorance-based confrontation which brought people to the outer limit where this state of affairs became the very indicator of being religious!
فالی اللہ المشتکی ولا حول ولا قوۃ اللہ باللہ العلی العظیم
So, before Allah is the complaint and there is no strength and there is no power except with Allah, the High, the Great.
Note of Caution
What has been written here on the religious question of Taqlid and Ijtihad is only a very brief summary of the subject, which is sufficient for Muslims at large. As for scholarly research and details of the subject, they are present in books of Usul al-Fiqh. Worth mentioning are: (1) Kitab al-Muwafqat by Allamah Shatibi, v. IV, Bab Al-Ijtihad; (2) Kitab Ihkam al-Ahkam by Allamah Saifuddin al-'Amidi, v. III, al-Qa` idah ath-thalitha fi al-mujtahidin; (3) Hujjatullahil-Balighah and ` Iqd al-Jid by Hadrat Shah Waliyyullah Ad-Dihlawi; and (4) Kitab al-Iqtisad fi at-Taqlid wa al-Ijtihad by Hadrat Maulana Ashraf All Thanavi. Interested scholars may wish to refer back to them.
