FIQH: Actions and the Necessity of Taqlid 

By: Ayatollah Dr Sayyid Fadhil Milani

Islamic Fiqh refers to the art of jurisprudence, whereby a deep understanding of religion is expressed. Under Islamic law or Sharia', every action can be classified into one of the following five categories:

One must remember that this topic is particularly important because human beings are responsible for their deeds and are either punished or rewarded for their actions. Since actions may cross over into different fields, a few examples enable us to see that these classifications are significant and can be applied in everyday situations. For instance, one could postulate that fasting during the holy month of Ramadhan is wajib, or obligatory. However, the same act of fasting, when carried out every Friday, is merely mustahab, or recommended. Moreover, one may even go to the other extreme and say that the same act of fasting is makrooh, or detested, if a guest does it without the host's permission; and it becomes haram, or forbidden, if it is done on the occasion of Eid.

If one was to assume business transactions to be types of actions, it can be noted that this act falls into various categories, depending upon the situation. Forms of business transactions, which are considered haram, include gambling and the taking of interest on loans. However, when a society may be ruined if a certain form of business does not operate, it becomes wajib for people to act. If ten doctors are needed but only two are available in a particular town, then it becomes wajib upon everyone to study medicine until the quota is filled. This helps to keep the balance in society and maintain social order.

Even the simple act of talking has different connotations. Talking becomes hararn if it involves backbiting (Ghibat), where one emphasizes the bad points of a person in his or her absence, knowing full well that it would upset that person being spoken of if he/she could hear what was being said about them. The Holy Quran describes this act as akin to chewing the flesh of one's dead brother. Imam Jafar al-Sadiq (as) drew a fine line between expressing the truth about someone and backbiting.   Sometimes it becomes necessary to obtain advice on the character of certain people, thus it is important to discuss them. For instance, in the case of seeking business or marriage partners, a third party is commonly referred to for a character reference.  Similarly, talking is mustahab when someone is in pain and they need comforting and reassurance. It is makrooh, however, to discuss worldly affairs when sitting in a mosque. Talking is wajib when praying since certain Surahs of the Holy Qur'an must be recited. It is also necessary to speak out against zulm, or injustice. Hence, one can see the complex nature and the importance of one's actions.
One might ask who has the authority to decide on these classifications?  The authority, quite simply, lies with Allah alone, since Allah has created us and is able to tell us how to act. The Prophets, Imams and scholars have advised people as to what actions to take and which to avoid.

It is important that the notion of Taqlid of the highest Islamic authority in matters of jurisprudence and practise of religion, and actions are intertwined. Muslims are generally aware, to a certain extent, of the difference between right and wrong, and the things people should act upon or avoid doing, as laid down in the Quran.  However, in certain circumstances one may be confused with regard to such matters. One must therefore always remember the serious consequences of one's deeds and actions. One must think before one acts. This may, at times, prove too complicated, especially if one does not possess the correct knowledge or be qualified in matters of Islamic jurisprudence. The only logical solution in this case is Taqlid. This has two meanings. In the first instance, it may mean imitation or emulation. However, this can be rejected since the Holy Prophet Muhammad (sawa) negated blind faith. It is an established fact that the Messenger of God performed Tawaf, or circumambulation, around the Holy Kaaba in Mecca on the back of a camel to show us that it is indeed permissible to do so. However, if everyone blindly followed this tradition and imitated the Holy Prophet, it would cause chaos during the Hajj and the Umrah. Thus one must obtain the correct interpretation of the Prophet's actions, which is possible through the Mujtahids, or most learned exponents of Islamic law and practise, of the day. Hence, the Prophet Muhammad allowed Tawaf on the back of a camel for the benefit of the elderly and the infirm.  Imitation without thought is therefore the actions of animals, not of human beings, and certainly not of practicing Muslims.

The more common definition of Taqlid is when one places trust in a particular Mujtahid and gives that learned and wise person the responsibility of deciding what course of action to take. In short, one puts a chain around the neck of that Mujtahid. On the Day of Judgement it is the Mujtahid who will be responsible for a number of one's actions if one follows his rulings. Thus one can gauge the serious nature of the responsibilities of an enlightened source, a Mujtahid.

At first sight this may also appear to be a kind of blind following, but it is important to remember that such Mujtahids are more qualified to decide on matters of action and dilemmas of right and wrong, and they are thus allowed to debate issues on behalf of others. Taqild is wajlb.

The instruments of a Mujtahid are references to various sources.  First, he may refer to the 114 Surahs of the Holy Quran, especially the 500 Ayats that refer to religious rulings. Second, he has access to the hadiths, or traditions and sayings of the Holy Prophet and the Infallible Imams. He also possesses Ijma, or consensus, and practices Ijtihad, or rulings on religious matters based upon his intellectual reasoning that is gained after a lifetime of piety and scholarly investigation. He also possesses the correct aql, or logic and reason, which is imperative. Thus Taqlid provides human beings with the necessary safety valve to ensure that one acts in the correct Islamic way.