What is Taqlid?
Definition by Imam Ibn Abd al-Barr
Imam Andalus, Hafiz Ibn Abd al-Barr (463-368 AH) defines Taqlid as follows:
“Taqlid is when you accept someone’s statement while you neither know the evidence for it, nor its meaning, nor do you know whether it is true or false, yet you continue to accept it. This is forbidden in Shariah.”
Definition by Allama Abu Abdullah Misri Maliki
Abu Abdullah Misri Maliki states the Shariah definition of Taqlid as:
“Taqlid means following a statement without evidence, and this is prohibited in Shariah.”
The Shariah Status of Taqlid
From the definitions given above, it becomes clear that imitation (taqlid) is against the spirit of Islam and is forbidden. There is a consensus among scholars that in the light of the Quran and Hadith, imitation is a blameworthy act. The condemnation of imitation and its negative effects are established in the Quran and Sunnah.
Imitation and Ignorance
Hafiz Ibn Abd al-Barr (463-368 AH) says about imitators:
“An imitator is ignorant, and there is no disagreement among scholars on this.”
Opinion of Allama Ibn Qayyim
Allama Ibn Qayyim (751-691 AH) states:
“There is a consensus among scholars that imitation is not knowledge, rather it is ignorance.”
The Evils of Imitation
Imitation is a negative tradition that has always obstructed intellectual progress and reforms in religion. Because of this imitation, the Prophets (peace be upon them) were opposed, their prophethood was denied, and their message was rejected. Imitation distanced the Ummah from knowledge and reason and fragmented the unity and harmony among Muslims.
Allama Ibn Qayyim’s Opinion
Allama Ibn Qayyim describes the evils of Taqlid (imitation) in these words:
“Bigoted people accept the Sunnah only according to their own views and accept what aligns with their statements, and reject what contradicts them. This approach has caused discord and corruption in religion.”
Taqlid and Intellectual Stagnation
Taqlid creates intellectual stagnation, due to which people ignore evidence and authentic hadith and only accept the statements of their Imam.
Sheikh Izz al-Din ibn Abd al-Salam’s Opinion
Sheikh Izz al-Din ibn Abd al-Salam (660-577 AH) says about the followers of Taqlid:
“Most followers, even when they become aware of the weakness in their Imam’s statement, still adhere to it. They abandon the Quran and Sunnah and prefer the Imam’s statement, and consider their Imam’s argument correct, no matter how weak it may be.”
Shah Waliullah Dehlawi’s Criticism
Shah Waliullah Dehlvi Hanafi (1114-1176 AH), while strongly criticizing Taqlid (imitation), states:
“If we receive a Hadith from the Prophet ﷺ, obedience to which Allah has made obligatory upon us, and that Hadith is against the Imam’s school of thought, then why should we abandon the Prophet’s Hadith and follow the Imam? Is there anyone more unjust than us?”
Examples of Opposition to Hadith in Taqlid
Performing Witr Prayer While Riding
It is established from the Prophet ﷺ that he performed Witr prayer while traveling on his mount. This Sunnah is confirmed by multiple Ahadith.
Abdullah bin Umar رضي الله عنه says:
“نبی اکرم ﷺ سفر میں اپنی سواری پر نماز پڑھتے اور وتر بھی اسی پر ادا کرتے تھے۔”
Saeed bin Yasar رضي الله عنه also narrated that he saw Sayyiduna Ibn Umar رضي الله عنه performing Witr on his mount and referred to the Sunnah of the Prophet ﷺ.
Fatwa of the Hanafis
The Hanafi fatwa is against this authentic and established Sunnah:
“Performing Witr on a mount is not permissible.”
Hanafi Interpretations and Criticism
Hanafi scholars presented strange interpretations against performing Witr while riding. Anwar Shah Kashmiri claimed that Ibn Umar رضي الله عنه considered Witr and Tahajjud as one, although the hadith clearly mentions them separately.
Difference Between Taqlid and Ittiba
Allama Ibn Qayyim رحمه الله opposed blind imitation (taqlid) and said that merely following jurisprudence by opposing the Sunnah of the Prophet ﷺ is not permissible.
“Instead of following the Sunnah, the jurists made interpretations according to their own desires and rejected the clear indications of the hadith.”
Summary
Performing Witr while riding was not only the practice of the Prophet ﷺ but was also followed by the Companions رضي الله عنهم and the Tabi’in. The interpretations presented by the Hanafi school against this Sunnah are not correct in light of the understanding of the Muhaddithin and the Prophetic Sunnah.
Hadith of the Prophet ﷺ: Slaughtering a Child with the Mother
Narrated from Sayyiduna Abu Sa’id Khudri رضي الله عنه that the Prophet ﷺ said:
“ذَکَاۃُ الْجَنِینِ ذَکَاۃُ أُمِّہٖ”
The meaning of this hadith is that if the mother is slaughtered, then the child in her womb is also slaughtered, and its meat is permissible (halal).
Understanding of the Muhaddithin
The Muhaddithin have accepted this hadith as authentic. Hafiz Ibn Hajar (may Allah have mercy on him), while strengthening this hadith, said that this hadith is according to the understanding of the Companions (may Allah be pleased with them) and the Tabi‘in, and it cannot be considered abrogated or incorrect in any way.
According to the Muhaddithin, there is no difference of opinion on this issue that when the mother is slaughtered, the child in the womb is also slaughtered, and its meat is halal.
Disagreement of Imam Abu Hanifa (may Allah have mercy on him)
According to Imam Abu Hanifa (may Allah have mercy on him) and his followers, the child in the womb does not become halal by the slaughtering of the mother, and it is necessary to slaughter it separately.
This position is contrary to the consensus understanding of the Muhaddithin and is in explicit contradiction to the Prophetic hadith.
Consensus of the Ummah
There is a consensus among the Ummah on this issue that the fetus in the mother’s womb is also slaughtered. Imam Ibn Mundhir (may Allah have mercy on him) states that the Companions, the Followers, and all scholars agree on this, except Imam Abu Hanifa (may Allah have mercy on him).
Imam Ibn Abd al-Barr (may Allah have mercy on him) and other hadith scholars have also declared Imam Abu Hanifa’s position on this issue to be baseless.
The Problem with Taqlid (Imitation)
Allama Ibn Qayyim (may Allah have mercy on him), criticizing taqlid, said that in such cases it is not permissible to sacrifice the Hadith of the Prophet ﷺ merely for the sake of jurisprudential principles.
“If the Messenger of Allah ﷺ has clarified something, it is not correct to reject it by saying it contradicts the principles.”
This is the problem with taqlid—that even clear hadiths are abandoned for jurisprudential issues.
Summary
The issue of the fetus in the animal’s womb is a matter of consensus which the Prophet ﷺ clarified. Contrary to the understanding of the hadith scholars, jurisprudential differences are another example of taqlid which is based on explicit opposition to the hadith.