The Condition of the Mustaftī and the Condition of the Muftī

Yesterday, I wrote an article entitled Taqlīd which Muslims not only in the Indian subcontinent but also in Europe and America found to be very useful. Some friends even expressed the intention of publishing it separately — wa-l-ḥamdu li-llāh ʿalā dhālik.

In this connection, the insightful scholar Mawlānā Muḥyī al-Dīn Ghāzī posed a very important question. His words are:

> “The virtue of taqlīd lies alongside ijtihād. If, on the one hand, the general public engages in taqlīd, and, on the other hand, the scholars engage in ijtihād, then there remains no basis for objection to taqlīd. The problem has arisen because not only the lay people, but even the scholars and the leading scholars have been bound to taqlīd, thereby closing the door of ijtihād. It is from this point that taqlīd has come to be regarded as the opposite of ijtihād and treated as something blameworthy, although in reality taqlīd is not the opposite of ijtihād, nor is it opposed to ittibāʿ. If taqlīd is likened to medicine, one could say that ordinary doctors administer it according to a prescription, but, at the same time, medical research institutes continue to investigate and experiment upon it. In the present situation, taqlīd has eliminated the very existence of the research institute. My question, which I respectfully submit to Dr Akram, concerns precisely this matter.”

The Answer

In explaining the religion, examples are often drawn from food and medicine, and such examples are valid to a certain extent. But one must recognise that no analogy is perfect in every aspect; it only captures similarity from certain angles, while differing in others.

The effect of food and medicine does not depend upon conscious will or desire. Whether a person is unconscious or insane, food and medicine will still have their effect. ʿIbādah of God, however, is not like this. The essence of ʿibādah rests on ʿaql (intellect) and irādah (will). Any act of worship in which consciousness and will are absent cannot be called worship.

The seeker of knowledge is called a ṭālib, which is better than simply saying shāgird (pupil) or tilmīdh (student), for the word ṭālib highlights the meaning of seeking and willing. For this reason, the Ṣūfīs designated the traveller upon the spiritual path as murīd, a term that explicitly denotes intention and resolve — even though, over time, the word has lost much of its original vitality and has become a lifeless technical label.

Better still than ṭalab (seeking) and irādah (will) is the word niyyah. While ṭalab and irādah express only mental inclination, niyyah involves both mind and heart. It includes sincerity (ikhlāṣ li-wajh Allāh), and through the partnership of intellect and heart it becomes the true motive of action. Thus niyyah is in fact the soul of ʿibādah.

The greatest flaw in taqlīd is that it often strips away this element of consciousness and will. When a person accepts someone’s statement without understanding the reason, his effort is no longer to comprehend the matter or to reflect on its wisdoms, but only to be content with a mechanical adherence.

The Qurʾān and the Prophetic ḥadīth address the human intellect, for without understanding, will cannot be formed, and understanding is the product of both knowledge and reason.

If a person’s mind is troubled by a question about the religion, it is incumbent upon him to try, within his capacity, to understand the answer. For this, he must seek out a reliable scholar. This is the condition that must be fulfilled on the part of the mustaftī (the one asking a fatwā).

Likewise, it is incumbent upon the muftī that, when he responds, he should come down to the level of the questioner and strive to make him understand. He should explain what the Qurʾān says about the matter, how the Prophet صلى الله عليه وسلم clarified it, and how its wisdom can be appreciated in the light of reason.

The muftī’s responsibility, therefore, is not merely to issue a fatwā, but also to teach and explain.

If both the mustaftī and the muftī uphold their respective responsibilities, then both will grow in knowledge, and their niyyah and irādah for ʿibādah and ṭāʿah will become stronger and firmer. Through this process, the ordinary person will increase in knowledge, his īmān will be refreshed, and his religious condition will develop and flourish.

It is for the sake of this purpose that we prefer the term ittibāʿ, for the word taqlīd suggests a shade of unconsciousness and lack of understanding.

May Allah grant us the desire to increase in knowledge, īmān and ʿamal, and may He breathe spirituality and vitality into our acts of worship and obedience. Āmīn.

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Disclaimer: This article was translated by AI. Original post: https://t.me/DrAkramNadwi/7080