Latest articles  
 

 

 

 
Al Ijtihaad wat Taqleed

The Significance of Leadership in maintaining the Strength of a Nation is proven by the relationship of Knowledge with Leadership as proven by shari’ah texts and by ration


Leadership is of two main types, the leadership of authority and the leadership of knowledge. Authority leads people through a command which is recognised and knowledge leads people through it eliminating the ignorant views and erroneous thoughts and decisions. However, even the authority requires a minimum amount of knowledge in order to function properly as the command of the leader must be based upon shari’ah rules, otherwise it is prohibited to obey the leader. A’li reported that nabi (saw) said “There is no obedience in ma’seeyah [disobedience to Allah] obedience is only in ma'’oof" (BUKHAARI, MUSLIM) If the people are commanded with ignorance and they follow it, then their affairs will be destroyed and they will lose all the benefit, barakah, reward and supremacy of the Divine law and will suffer the oppression of man-made laws and systems, just as the ayah says, “Corruption has appeared on the land and the sea because of what man has earned with his hands, that Allah may make them taste a part of that which they have done in order that they may return.” (ar Room 30:41) Therefore, we see that the Divine Law put the condition that the Imaam should be a real Muslim, one with knowledge of tawheed and that the Imaam must know his duties and know the meaning of Imaamah. The Imaam should have access to ijtihad by his own knowledge or through reference to people of knowledge. If this was not the case then the Imaamah would not function as an Islamic leadership. When we look to the Quran and Sunnah and see the relation with the condition of a people and whether they are being commanded and led according to Islamic principles and knowledge or not, we see the great significance that leadership has with regards to the the strength or weakness of a people. A’bdullah ibn A’mru ibn al A’ss reported that nabi (saw) said “Verily, Allah will not destroy knowledge by snatching it away from his slaves but he will destroy knowledge by taking away the lives of the u’lemah until there will not even remain a single a’lim, people will then take the illiterate as leaders. They will be questioned and they will give judgement [fataawa] without knowledge. They will go astray and will lead others astray.” (BUKHAARI, MUSLIM) So we see from this hadeeth that an ignorant leadership or a non-Islamic leadership will destroy a people, however, what the hadeeth proves is the significance of leadership. Therefore when we say that the Imaam is a shield over the people, then we can understand from evidences of this nature that this shield is related to his command. If the Imaam was powerful in the sense of having vast armies and material resources then all of this would not prevent the destruction of the people if he did not follow the principles of Islamic leadership and based his affair on Islamic knowledge. How can the army and people be motivated without knowledge? How can the people organise in a superior system without referring to the model of the Islamic structure of leadership? How can the people be united and strong when they are differing in ignorant non-Islamic personal opinions and clinging to the dunyaa? Indeed we see that darul Islam collapsed and the Muslim ummah fell into demise when the Muslims neglected Islamic knowledge and Islamic laws and beliefs. The great numbers and resources in the ummah were unable to prevent the collapse of the Islamic civilisation once the principles of Islamic leadership had been neglected. Thus we can understand that the true success of the shield of Imaamah does not rest upon the resources and numbers but it rests upon the Islamic principles of leadership. Ignorance of Tawheed and ahkaam shari’ah will only lead the people into division and destruction. Thawbaan reported that rasool Allah (saw) said “…And when the swords will be drawn out in my people they will never be removed from them until Yawmil Qiyaamah and that which I fear most upon my ummah are the misguiding Imaams (aa’immatan mudilleen)…” (IBN MAAJAH kitaabul Fitan [no.3952] ABU DAWOOD kitaabul Fitan wal Malaahim [vol.3 no.4239]) and it is reported that U’mar ibn al Khattab asked Ziyaad bin Hudhayr ‘Do you know what will destroy Islam?’ He replied ‘No’ U’mar said ‘The slip of the a’lim , the dispute of the munaafiq about the book of Allah and the rule of the misguided Imaams’ (DAARIMI) and al Ahwas in Hakeem reported that Rasool Allah (saw) said “Beware! Verily,themostevilofthe evils is the evil of the u’lemaa and verily, the best good is the good of the u’lemaa’” (DAARIMI, Mishkaatul Masaabeeh [vol.1 p.359]) and Ibn A’bbaas reported that Rasool Allah (saw) said “There are two classes from my ummah, when they are righteous, the people are righteous an when they are corrupt, the people are corrupt – the umaraa’ and the fuqahaa’” (ABU NA’EEM Mishkaatul Masaabeeh [vol.4 no.361]) These type of narrations all proved that leadership over people is highly significant in their condition of corruption and weakness or righteousness and success. If a righteous leadership was to exist and the people were unified under the command of ma’roof from an Imaam, then their situation would become strong, but if they abandoned a shari’ based leadership then their affairs would deteriorate. All of this is supported by the prohibition of following the ignorant in his haraam and Quranic principle of only following those who have the necessary knowledge, Allah (swt) says “…and follow not the path of those who know not.” (Yoonus 10:89) and Allah (swt) says “Then we put you on a shari’ah in your affairs, so follow it and do not follow the desires of those who have no knowledge [laa ya’lamoon]” (al Jaathiyah 45:18) Therefore, the benefit and obligation of following the command of the knowledgeable ones is a proof of the importance of the existence of a shari’ Imaamah in bringing about the strength and success of a people. This is manifestly proven from the hadeeth we have already mentioned on the authority of A’bdullah ibn U’mar who reported that Nabi (saw) said “…If the leaders (Imaams) do not govern according to the Book of Allah and did not choose that which Allah has revealed (this has never happened) except that Allah put calamities (baa’sahum) between them.” (IBN MAAJAH kitabul Fitaan [vol.5 no.4019]) The following ayah has two main interpretations among the mufasireen of the salaf, one is that it refers to the u’lemaa, the other that it refers to the umaraa’, Allah (swt) says “O you who believe! Obey Allah obey the messenger and those in authority amongst you and if you differ in anything between yourselves then refer it back to Allah and His messenger if you believe in Allah and the Last Day. That is better and more suitable for final determination.” (an Nisa 4:59) Ibn A’bbaas, Mujaahid and Hasan al Basri, said that the ‘oolil amr’ not only refers to the umaraa’ but also to the u’lemaa’ and fuqahaa’ (Tafseer al Quran al A’zeem’ of IBN KATHEER, ‘Tafseer Mazhaari’ of QAADI THANAULLAAH BAANEEBUTI, ‘Ma’riful Quran’ [vol.2 p.475] of MUFTI MUHAMMAD SHAFI) This was also mentioned by Ibn Taymeeyah in ‘al Hisba fi’l Islam’.We can actually accommodate both of these interpretations and they are not in conflict because of the following reasons:-

i) The first indication here is that obedience to Allah and his messenger were mentioned first and then those in authority [oolil amri muinkum], the obedience to Allah and his messenger is not due to the fact that they are made kings and given a special status without reason but rather because to disobey them is sinful as this is a shari’ah system of organising the collective submission to Allah as an ummah and society in all its affairs, the Imaamah serves the objectives of Islam in general. All of that then means obedience to Quran and Sunnah is the basis and main motivation, that only comes with knowledge.

ii) The rest of the verse continues to command obedience due it being based upon the command of Allah and his messenger, this then is based upon shari’ah knowledge. The disputes are referred to Quran and Sunnah, i.e. shari’ah knowledge. Many of the classical usooleeyeen used the latter parts of this verse to be an indication for ijtihaad, qiyaas and even ijma as sahaabah.

iii) The obedience to any Imaarah must be based upon ma’roof and not ma’seeyah [munkar], this again is based upon shari’ah knowledge. Ibn U’mar reported that Nabi (saw) said “It is obligatory upon a Muslim to listen and obey in what he likes [ahabba] and hates [kariha] unless he is commanded with ma’seeyah. If he is commanded with ma’seeyah then there is no listening and no obeying.” (BUKHAARI kitaabul Ahkaam [vol.9 no.258] MUSLIM kitaabul Imaarah [no.4533] also transmitted through Ubaydullaah [no.4534]) And BUKHAARI narrates another similar hadeeth, Ibn U’mar reported that Nabi (saw) said “Listen and obey in truth [haqq] unless you are commanded with ma’seeyah [disobedience to Allah] so if you are commanded in ma’seeyah then there is no listening and no obeying.” (BUKHAARI kitaabul Jihaad [vol.4 no.203]) The Muslims were ordered to obey the Imaam only in Ma’roof and disobey him in munkar. A’li reported that Nabi (saw) said “…There is no obedience in disobedience (to Allah). Obedience is in Ma’roof.” (MUSLIM kitaabul Imaarah [no.4536], BUKHAARI [Eng vers. Vol. 9 no.259]) and its reported by Nawaas bin Sama’aan that Nabi (saw) said “There is no obedience to the creation in disobedience to the Creator.” (BAGHAWI in ‘Sharhus Sunnah’ [10/44] AHMAD, AL HAAKIM)

iv) Similarly, the meaning of the ‘oolil amr’ [people of authority] in the following verse is again not dependent upon power, Allah (swt) says “When there comes to them some matter touching (public) safety or fear they divulge it. If they had only referred it to the Apostle or to those with authority among them [oolil amri minhum] it would become known to those who could extract it from them. Were it not for the Grace and Mercy of Allah unto you all but a few of you would have fallen into the clutches of Shaytaan.” (an Nisaa’ 4:83) Qaadi Abu Bakr al Jassaas, reports that Hasan, Qataadah and Ibn Abi Laylah all said the people of authority, mentioned in this verse are ‘u’lemaa’ and fuqahaa’ and as Suddi says it refers to ‘umaraa’ and hukaam’ [rulers and judges or governors] (QAADI ABU BAKR AL JASSAAS in ‘Ahkaamul Qura’n) This proves that ‘amr’ [command] and ‘imaarah’ [authority] in the Arabic language and the Quran and Sunnah are not dependent upon power, but rather it is about obedience to a command of one who in the Sight of Allah (swt) should give a command whether due to his knowledge or due to his holding a position of leadership according to shari’ah conditions.

v) It is obligatory for the Imaam to command ma’roof and forbid munkar among the people and this means his command must be based on knowledge. Allah (swt) says, “Those who, if We give them power in the Land (alladheena inn makkannahum fi’l ard) establish the Salaat, pay the Zakaat and command the Ma’roof and forbid the Munkar. And with Allah rests the end of all matters.” (al Hajj 22:41)

vi) The Imaam would have to appoint qudaa’ [judges] to judge between the people in their disputes and to duties of hisbah in public (i.e. amr bil ma’roof wan nahi anil munkar) "O Dawood! Verily, We have placed you as a khaleefah on the earth, so judge you between men in truth…” (Sad 38:26) So if it is the Imaam judging or if it is other judges that are appointed by the Imaam, then that judgement must be based on knowledge. Allah (swt) says “…and when you judge between men, then judge with justice…” (an Nisaa’ 4:58) and Buraydah reported that Nabi (saw) said "There are three types of qaadis (judges) one who will go to paradise and the other two who will go to Hell. The one who goes to paradise is the one who knows the truth and judges according to it. The man who knows the truth and does not judge accordingly will go to Hell and the man without knowledge who makes judgement for people will go to Hell." (ABU DAWOOD [no.3566]NASAA'I, IBN MAAJAH, TIRMIDHI graded Saheeh by AL HAAKIM)

vii) The foremost duty of Imaamah is the protection of the deen. This is because he succeeds the prophethood in governing the worldy and deeni affairs, Abu Hurayrah reported that Nabi (saw) said “The prophets ruled (tasoosuhum) over the affairs of the children of Israel, whenever a Prophet died another prophet succeeded (khalafahu) him, but there will be no Prophet after me. There will be khulafaa and they will number many.” They asked ‘What then do you order us?’ He (saw) said “Fulfill the baya’h to them, the first then the first, and give them their due. Surely, Allah will ask them about what He entrusted them with.” (MUSLIM kitaabul Imaarah [no.4543-4544], BUKHAARI English version [vol.4 no.661])

viii) The hadeeth said the Imaam is a shield for the people and then immediately connected that to his commanding of taqwa and justice. Taqwa and Justice is based upon shari’ah knowledge. Abu Hurayrah reported that Rasool Allah (saw) said “Verily, the Imaam is but a shield behind which the people fight by whom they protect themselves, if he commands to taqwa of Allah a’zza wa jall and justice then there is reward for him but if he commands to other than that then it is against him” (BUKHAARI, MUSLIM) and Abu Sa’eed ul Khudri reported that Nabi (saw) said “Allah never sends a prophet (nabi) or gives succession (istikhlaf) to a khaleefah but that he has two groups (bitaanah). A group commanding him to ma’roof and exhorting him to it and the ther group commanding him to evil (shar) and exhorting him to it. But the protected person (ma’soom) is the one protected by Allah.” (BUKHAARI [Eng/Arabic vol.9 no.306]) and in another hadeeth Abu Hurayrah reported that Nabi (saw) said “…Allah has never sent a Prophet or a khaleefah except that he had two groups (bitaanah). One group command him to ma’roof and forbid munkar and the other spare no effort to hinder (khabaalan) him. And he who protects (yooq) himself from the evil group (bitaanatus Soo’) will be protected (wuqi).” (TIRMIDHI, ABU DAWOOD, IBN MAAJAH, IBN HIBBAAN, AL-HAAKIM, BUKHAARI in ‘Adabul Mufrad’ [no.256])

ix) It is fard kifaayah upon the ummah to have mujtahideen who can make ijtihaad for the new situations, this means either the Imaam must be mujtahid or refer to the mujtahideen for the new situations so that the shari’ah rules and their application are always sought. It is reported by that Rasool Allah (saw) said, “If a haakim makes ijtihaad and is correct he gets two rewards and if a haakim makes ijtihaad and is wrong he gets one reward.” (BUKHAARI) note, this makes clear that ijtihaad is an obligation and that not all are competent to perform it. And we see similar indication from the following ahadeeth, “…When you know something from it (the Quran) say it and if you do not know it then leave it to one who does know” (AHMAD, NASAA’I, Mishkaatul Masaabih) and Ibn A’bbaas reports that “Whoever interprets the Qura’n according to his opinion (ra’y) , let him seek his abode in the Fire” and in another version “Whoso interprets the Quran without knowledge let him seek his abode in the Fire.” (TIRMIDHI Mishkaatul masaabih [vol.1]) and Jundub reported that Rasool Allah (saw) said “Whoso interprets the Quran according to his opinion and then it is right he has indeed committed an error [khata’]” (TIRMIDHI, ABU DAWOOD Mishkaatul Masaabih [vol.1]) and ijihaad is shown to be a fard kifaayah upon the ummah by the following evidences “…if they had only referred it to the messenger or those with authority among them it would become known to those who could extract it from them.” (an Nisaa’ 4:83) and “And it is not proper for all of the believers to go out (to fight). Of every section (firqah) of them a group (taai’fah) should remain behind in order that they gain understanding in the deen so that they may warn their people when they return…” (at Tawbah 9:122) and “…so ask those of remembrance if you do not know” (an Nahl 16:43 and al Anbiyaa’ 21:7)

x) The Imaam must be removed for kufr boowaah, again it would be a duty of the u’lemaa to detect that and motivate the people according to it after making them aware. This is another indicator that obedience to umaraa is joined with obedience to u’lemaa. U’baadah bin as Saamit said ‘The Prophet called us, and we pledged our baya’h to him. He imposed on us the duty to listen and obey in what pleases us and in what displeases us, in hardship and in ease whatever our personal preference, and that we should not withdraw authority from those who have been entrusted with it “..unless you see open kufr (kufraan buwaahan) from which you have from Allah a clear proof (burhaan)” (MUSLIM kitaabul Imaarah [no.4541] and similar from BUKHAARI kitaabul Fitan Eng/Arabic [vol.9 no.178])

xi) The duty of naseehah from the Imaam to the people and the people to the Imaam, also proves that Imaarah is based uupon knowledge. Zayd ibn Thaabit reported that Nabi (saw) said “Three things there are in which the heart of a Muslim does not play treachery [yaghullu] – sincere action for Allah [ikhlaasul a’mal lillaah], sincere advice [naseehah] to the Muslims and clinging to their jama’ah [luzoomu jama’atihim] because their call [da’watuhum]will encompass those that are behind them.” (AHMAD, IBN MAAJAH, Mishkaat [vol.1 p.142]) and Abu Hurayrah reported that Rasool Allah (saw) said "Allah is pleased with three things from you, and He is angry with three things from you. He is pleased that you worship Him and do not associate anything with Him, and that you take hold of the rope of Allah altogether, and that you give good counsel to the one to whom Allah gives command over you. He is angry with you for gossip, squandering property, and asking too many questions." (MAALIK [56/20]) and Tameem ad-Daari reported that Rasool Allah (saw) said “The deen is naseehah, the deen is naseehah, the deen is naseehah” and they asked “To whom, oh Rasool Allah?” and he (saw) replied “To Allah, to His Book, to His Messenger, The Imaams and the common people” (ABU DAWOOD [no.4923], MUSLIM, NASAA’I [8/156])

xii) One of the duties of Imaarah in general and the greater leadership [Imaamatul Kubra] in particular is consultation [shoora]. And that is that people are consulted in affairs when they are specifically effected and it is in the interests of the deen and themselves to have awareness, and when expertise is needed to study the reality in general or specific or when shari’ah knowledge is required. This again connects obedience to umaraa to knowledge i.e. This duty of shoora is a proof that imaarah is not independent of knowledge, Allah (swt) says “They manage their affairs by mutual consultation” (ash Shoora 42:38) and “Consult them in the conduct of affairs. And when you are resolved then put trust in Allah” (aali I’mraan 3:159)

xiii) The overall aim of obedience to umaraa is obedience to Allah and the messenger as the ahadeeth make clear, Abu Hurayrah who reported that Nabi (saw) said “One who obeys me obeys Allah and one who disobeys me disobeys Allah and the person who obeys the ameer obeys me, and the one who disobeys the ameer disobeys me.” (BUKHAARI kitaabul Ahkaam, MUSLIM kitaabul Imaarah) and in another version “…whoever obeys the Imaam obeys me and whoever disobeys the Imaam disobeys me” (IBN MAAJAH Kitaabul Jihaad)