DefinePK

Abstract

This article discusses the concept of Taqleed (imitation) in Islamic jurisprudence. Lexically, Taqleed means “to put something around the neck in a way that encloses it completely.” Technically, Taqleed refers to following a juristic opinion without directly investigating its underlying evidence. The practice of Taqleed — whether absolute or particular — finds its basis in many Qur’anic verses and Hadiths.
During the era of the Companions (Sahaba) and Successors (Tabi’un), there was less need for independent legal judgment (Ijtihad) due to their direct access to revelation, yet a form of Taqleed was still present. Some Companions acted as Mujtahids (those qualified for independent legal opinion), while others followed their judgments.
Personal Taqleed was not enforced during the earliest periods; it was a voluntary practice. Nevertheless, its necessity arose to avoid chaos stemming from individuals choosing convenient opinions to suit their desires, thereby disregarding the discipline of Islamic law. Furthermore, without Taqleed, there is a risk of disreputable scholars exploiting their own desires under the guise of following precedent.
Other renowned jurists, such as Sufyan al-Thawri, Al-Awza’i, Abdullah bin Mubarak, Ishaq bin Rahawayh, and Ibn Abi Layla, do exist; yet their schools did not consolidate their rulings into extensive collections, which contributed to their limited following.
Adherence to any one of the four major schools (Hanafi, Maliki, Shafi’i, or Hanbali) is a matter of the follower's discretion. An ordinary person (’Aamiyy) may follow a mujtahid’s opinion due to the difficulty in directly investigating all legal issues. Among the opinions of mujtahids, only one is correct, while the rest are invalid, although the erroneous opinion is still excused. Furthermore, the degrees of understanding and ability vary among individuals, a fact which explains differing judgments and misconceptions related to Taqleed