A Condition for the Mustaftī and a Condition for the Muftī

Yesterday, I wrote an article under the title “Taqlīd.” It was found very useful not only by Muslims of the subcontinent but also by those in Europe and America. Some friends expressed the intention to publish it separately. Wa’l-ḥamdu lillāh ʿalā dhālik.

In this context, the perceptive scholar Mawlānā Muḥyī al-Dīn Ghāzī posed an important query. His words are as follows:

> “The merit of taqlīd is realised in conjunction with ijtihād. If the general public practises taqlīd, while at the same time the learned scholars exercise ijtihād, then no objection to taqlīd remains. The problem, however, is that not only the public but even the scholars, and the senior-most of the scholars, have been bound by taqlīd, thereby closing the door of ijtihād. From this point onwards, taqlīd has come to be regarded as the opposite of ijtihād and made a target of reproach. Yet in reality, taqlīd is not the antithesis of ijtihād, nor is it contrary to ittibāʿ. If one were to draw an analogy, taqlīd may be likened to medicine: an ordinary doctor prescribes according to an established formula, but medical research institutes continue to conduct investigation and experimentation. In the present state of affairs, taqlīd has virtually abolished the very institution of research. My question to the respected Dr Akram is concerning this matter.”

Answer:
In the explanation of religion, examples are often drawn from food and medicine, and such analogies are generally sound. Yet it must also be realised that no analogy is perfect in every respect: it only resembles in certain aspects while differing in others.

Food and medicine take effect without the need for conscious intention or will. A person who is unconscious, or even insane, will still benefit from their effect. The worship of God, however, differs fundamentally from this. The very essence of ʿibādah rests upon reason and will. An act of worship without awareness and intention cannot be called worship at all.

One who seeks knowledge is called a ṭālib, and this is a more suitable term than shāgird (pupil) or tilmīdh (disciple), for it signifies conscious seeking and determination. It was for this reason that the Ṣūfīs designated the traveller on the spiritual path as a murīd—a term that explicitly conveys will and resolve. Over time, however, the word has lost its original vitality and has become an empty convention.

Better still than irādah (resolve) and ṭalab (seeking) is the term niyyah (intention). Seeking and resolve indicate only the inclination of the mind, whereas niyyah includes the participation of both mind and heart. Within it lies sincerity for the sake of God, and it is this union of reason and heart that becomes the motive power of action. Thus, niyyah is truly the life of worship.

The gravest defect of taqlīd is that it deprives one of conscious will. When a man accepts a statement without understanding its reasoning, his effort is not directed at grasping its meaning or reflecting upon its wisdom, but merely at conforming to outward convention.

The Qurʾān and the Prophetic ḥadīth address human reason, because the formation of will is impossible without understanding, and understanding is the product of both knowledge and intellect.

Therefore, if any question arises in a person’s mind regarding religion, it is obligatory that he strive, according to his capacity, to understand its answer, and that he seek out a reliable scholar to explain it to him. This is a condition required of the mustaftī (the one who asks a fatwā).

Likewise, the muftī is obliged, when giving an answer, to come down to the level of the questioner and attempt to explain. He should clarify what the Qurʾān says concerning the matter, how the Prophet صلى الله عليه وسلم elucidated it, and in what way its wisdom may be understood through reason. Thus, the muftī’s responsibility is not merely to issue a fatwā, but also to explain.

If both the mustaftī and the muftī observe their respective responsibilities, then the knowledge of both will increase, and their intention and will in worship and obedience will become stronger and firmer. Through this process, the common man’s knowledge is enhanced, his faith is renewed, and his religious state grows and flourishes.

It is precisely for this purpose that we prefer the word ittibāʿ over taqlīd, for the latter implies an element of mindlessness and lack of comprehension.

May Allah grant us a continual desire for increase in knowledge, faith, and righteous deeds, and may He infuse spirit and vitality into our worship and obedience. Āmīn.

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