Verse Number 1:
"O you who believe! Follow Allah; follow the Messenger and those of
authority (Amr) amongst you." (Surah Al-Nisaa: 59)
That of authority (Amr) has been explained by some as Muslim rulers while others have
viewed them as jurists. The latter view was the opinion of Abdullah ibn Abbas [6],
Mujahid, `Ataa ibn Abi Rabah, `Ataa ibn Saib, Hasan of Basra, Abu 'Aliyah and many
others (raa). After substantiating the proofs for this second view, Imam Razi gives preference
to it and writes:
"So taking those of Amr to mean scholars is more appropriate." [7]
Imam Abu Bakr Jassas position is that there is no contradiction between the two
opinions. In fact, both are implied. Rulers should be followed in political matters and
jurists should be followed in legal issues. [8]
Imam Ibn Qayyim says that following the rulers is in effect following the scholars since
rulers are also required to follow scholars in legal issues. Hence, "...following rulers is
subject to following scholars." [9]
In short, this verse requires Muslims to follow Allah and His messenger and those
scholars and jurists who interpret the primary sources. The legal term for this following
is Taqleed. These remain the query regarding the remainder of the verse:
"And if you dispute, then refer it to Allah and the Messenger if you really do believe
in Allah and in the Last Day." (Surah Al-Nisaa:59)
Based on the second view of those of Amr (to mean jurists and scholars), the
address in the verse would be a separate command to the Mujtahids (the legal experts).
Justifying the interpretation of those with Amr as jurists, Imam Abu Bakr Jassas says:
"Allah's statement subsequently "if you dispute..." prove that those of Amr are indeed
jurists because He has ordered everyone else to follow them and then proceeded to say that "if you dispute....." Hence Allah has ordered those of Amr to refer the disputed issue to the Book of Allah and the traditions of the Prophet (saw). The Lay person is not a person of knowledge; he is not of this caliber. The lay person would be unaware of how
to refer the disputed issue to the Book of Allah and to Sunnah and how their proofs would
apply to situations and events. Thus, it is established that the second command, is for the
scholars." [10]
The famous scholar of the Ahle Hadith, Shaykh Nawwab Siddiq Hasan Khan Sahib has
also acknowledged that the address in this statement ("If you dispute....") is to the
Mujtahids. He writes in his Tafseer: "It is apparent that this is a separate and a new
address directed towards the Mujtahids." [11]
It is not valid to conclude that those who are inept of Ijtehad should refer directly
to Qur'an and Sunnah in disputed issues. In reality, the command in the first part of the
verse (to follow those of Amr) is for those people who cannot extract any rules from the
Quran and Sunnah directly. They are required to follow the Quran and Sunnah by asking
those of Amr (meaning jurists) and following their guidance. The second statement is
exclusively for the Mujtahids that is to say disputed issues should be referred to the Quran
and Sunnah. The Mujtahids should exercise their skills of legal judgment and extract
rules. So there are in fact two commands, the first statement is to those who adopt
Taqleed and the second is directed to the Mujtahids to practice Ijtihad.
Verse Number 2:
"And when there comes to them a matter concerning (public) safety or fear, they
relay it. If they had only referred it to the Messenger and to those of authority
(Amr), those who can investigate and extract (information) among them would known
(the rumor's validity)...." (Surah Al-Nisaa: 83)
Although this verse was revealed for a specific reason - it is very well established
in the principles of Tafseer and jurisprudence that in extracting rules and laws from
specific circumstances of revelation, the specific details gives way to the general meaning
of the text - such a general principle is contained in the verse quoted above. The principle
is that: Those who do not possess the tools of investigation should refer to those who
can. This is precisely Taqleed.
Imam Razi writes concerning this verse:
"So it is established that Istinbaat [the legal process of extracting rules from the
Quran and Sunnah] is a proof. Analogy is either Istinbaat in itself or is included
in it. So analogy (Qiyas) should also be a proof. This verse denotes several rules.
The first is that there are some incidents and issues, which are not apparent from
(Divine) text. The second is that Istinbaat is a proof. The third is that a lay person
should follow scholars in the rules of events and in issues." [12]
Certain people have objected to this line of reasoning claiming that this verse is
peculiar to the state of war and should not be analogous to a state of peace. [13] A response
has already been furnished previously to this question that specific circumstances of the
verse extend to the general principles of the verse.
Imam Razi writes:
"Allah's statement: `And when there comes to them a matter....' Includes all affairs
relating to war and to any other incident relating to Islamic Law. This is because the
states of war and peace include very legal command. Hence there is nothing in the verse which restricts the command to the state of war only." [14]
"O you who believe! Follow Allah; follow the Messenger and those of
authority (Amr) amongst you." (Surah Al-Nisaa: 59)
That of authority (Amr) has been explained by some as Muslim rulers while others have
viewed them as jurists. The latter view was the opinion of Abdullah ibn Abbas [6],
Mujahid, `Ataa ibn Abi Rabah, `Ataa ibn Saib, Hasan of Basra, Abu 'Aliyah and many
others (raa). After substantiating the proofs for this second view, Imam Razi gives preference
to it and writes:
"So taking those of Amr to mean scholars is more appropriate." [7]
Imam Abu Bakr Jassas position is that there is no contradiction between the two
opinions. In fact, both are implied. Rulers should be followed in political matters and
jurists should be followed in legal issues. [8]
Imam Ibn Qayyim says that following the rulers is in effect following the scholars since
rulers are also required to follow scholars in legal issues. Hence, "...following rulers is
subject to following scholars." [9]
In short, this verse requires Muslims to follow Allah and His messenger and those
scholars and jurists who interpret the primary sources. The legal term for this following
is Taqleed. These remain the query regarding the remainder of the verse:
"And if you dispute, then refer it to Allah and the Messenger if you really do believe
in Allah and in the Last Day." (Surah Al-Nisaa:59)
Based on the second view of those of Amr (to mean jurists and scholars), the
address in the verse would be a separate command to the Mujtahids (the legal experts).
Justifying the interpretation of those with Amr as jurists, Imam Abu Bakr Jassas says:
"Allah's statement subsequently "if you dispute..." prove that those of Amr are indeed
jurists because He has ordered everyone else to follow them and then proceeded to say that "if you dispute....." Hence Allah has ordered those of Amr to refer the disputed issue to the Book of Allah and the traditions of the Prophet (saw). The Lay person is not a person of knowledge; he is not of this caliber. The lay person would be unaware of how
to refer the disputed issue to the Book of Allah and to Sunnah and how their proofs would
apply to situations and events. Thus, it is established that the second command, is for the
scholars." [10]
The famous scholar of the Ahle Hadith, Shaykh Nawwab Siddiq Hasan Khan Sahib has
also acknowledged that the address in this statement ("If you dispute....") is to the
Mujtahids. He writes in his Tafseer: "It is apparent that this is a separate and a new
address directed towards the Mujtahids." [11]
It is not valid to conclude that those who are inept of Ijtehad should refer directly
to Qur'an and Sunnah in disputed issues. In reality, the command in the first part of the
verse (to follow those of Amr) is for those people who cannot extract any rules from the
Quran and Sunnah directly. They are required to follow the Quran and Sunnah by asking
those of Amr (meaning jurists) and following their guidance. The second statement is
exclusively for the Mujtahids that is to say disputed issues should be referred to the Quran
and Sunnah. The Mujtahids should exercise their skills of legal judgment and extract
rules. So there are in fact two commands, the first statement is to those who adopt
Taqleed and the second is directed to the Mujtahids to practice Ijtihad.
Verse Number 2:
"And when there comes to them a matter concerning (public) safety or fear, they
relay it. If they had only referred it to the Messenger and to those of authority
(Amr), those who can investigate and extract (information) among them would known
(the rumor's validity)...." (Surah Al-Nisaa: 83)
Although this verse was revealed for a specific reason - it is very well established
in the principles of Tafseer and jurisprudence that in extracting rules and laws from
specific circumstances of revelation, the specific details gives way to the general meaning
of the text - such a general principle is contained in the verse quoted above. The principle
is that: Those who do not possess the tools of investigation should refer to those who
can. This is precisely Taqleed.
Imam Razi writes concerning this verse:
"So it is established that Istinbaat [the legal process of extracting rules from the
Quran and Sunnah] is a proof. Analogy is either Istinbaat in itself or is included
in it. So analogy (Qiyas) should also be a proof. This verse denotes several rules.
The first is that there are some incidents and issues, which are not apparent from
(Divine) text. The second is that Istinbaat is a proof. The third is that a lay person
should follow scholars in the rules of events and in issues." [12]
Certain people have objected to this line of reasoning claiming that this verse is
peculiar to the state of war and should not be analogous to a state of peace. [13] A response
has already been furnished previously to this question that specific circumstances of the
verse extend to the general principles of the verse.
Imam Razi writes:
"Allah's statement: `And when there comes to them a matter....' Includes all affairs
relating to war and to any other incident relating to Islamic Law. This is because the
states of war and peace include very legal command. Hence there is nothing in the verse which restricts the command to the state of war only." [14]
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