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Discussion in 'Usul al-Fiqh' started by abbasmadani, Jan 16, 2007.
Jazakallah for this post brother Shah Jalal !
he considered himself a mujtahid.
because that is the position of our elders i.e. the elders of ahlus sunnah wal jama'ah. taqlid is wajib for all non-mujtahids.
so, non-madhab = heretic ?
as-salamu alaikum, Why?
-- Translated by Sidi Abul Layth of SeekingIlm forums
Imam Ash-Shawkaani’s Stance on Taqlid
In Irshaad Al Fuhul page 239 he states,
“It is incumbent on him to ask about that which is determined by the shari’a and the one who is asked must be from amongst those who are not ignorant of this. Then [the mufti] issues a fatwa which is Qur’anic or Prophetic and discards the question about the schools of the people and contents himself with the school of their first Imam who is the Prophet of God.”
In response to this claim from Imaam Ash-Shawkani, a leading Zaydi Imam by the name Muhammad As-Samaawi, known as Ibn Hariwah (and it is stated by the Zaydis to this day that Shawkaani had him killed – though Shawkaani denied it) stated in his book “Ghatamtam”,
“Your [i.e. Shawkaani] obstinate claim that providing the commoner with a text from the Book or Hadith, which he must then follow, does not constitute taqlid is foolish. If the text which is provided to him is one over which there is no conflict, then the matter is not relevant here. [However], if [conflicting positions] Ikhtilaaf exist [with regards to the cited text] then the muqallid must choose between the various positions, and it is assumed that he cannot do this, so he must adhere to one of them which is pure taqlid…In sum, you expect them [i.e. commoners] to adhere to your opinions and ijtihaad in issues where differences of opinion exist [masaa’il al khilaaf] and you obligate them to practice taqlid of yourself.”
[page 42-43 of Ghatamtam]