تقلیدِ شخصی: اسباب، اختلاف اور راہِ اعتدال کا تعین
Keywords:
Fiqh, Jurisprudence, Taqlid, al-Shaksi, Imitation, Diligence, IjtihadAbstract
The research analyzed the differences among the Muslim Jurists regarding the Specific Imitation (al-Taqlīd al-Shakhsī) and presented a balanced view thereof. Initially the research has identified four main reasons of transformation of the Muslim society from first Diligence (Ijtihād) to Absolute Imitation (al-Taqlīd al-Mutlaq) and then to the Specific Imitation (al-Taqlīd al-Shakhsī). These reasons include: (i) Lack of coherence in judicial process, (ii) Creation of al-Fiqh al-Taqdiri, (iii) Unnecessary and prolonged discussions and differences among the Jurists, and (iv) Degradation of intellectual level in later generations of Muslim Jurists. In the context of permissibility of Imitation, the research has identified two main areas: Imitation in Definite (Qat’i) Aḥkām as well as in Probable (Zanni) injunctions. In Qat’i Aḥkām, the scholars are divided into three group with respect to opinion: (i) Imitation is obligatory, (ii) Imitation is allowed without obligation, and, (iii) Imitation is prohibited. Similarly, in Zanni Aḥkām, the opinion of the Muslim Jurists is divided into four categories: (i) Specific Imitation is obligatory, (ii) It is allowed without obligation, (iii) Specific Imitation is allowed only in case of four traditional schools of jurisprudence (namely Ḥanafī, Mālikī, Shāfiʿī and Hanbalī), and (iv) Specific Imitation is prohibited. After a thorough analysis of the Juristic opinions in the Definite and Probable injunctions, the research has concluded that the matter of Specific Imitation changes from situation to situation which can be summarized as: (i) For collective matters, it is necessary to follow the Specific Imitation, (ii) For general public, which is usually unfamiliar with underlying reasoning and logic, it is recommended to follow the Specific Imitation, and (iii) For a person who is familiar with underlying reasoning and logic of Jurisprudential problems, it is appropriate to follow Diligence instead of Specific Imitation.
Keywords: Fiqh, Jurisprudence, Taqlīd, al-Shakhsī, Imitation, Diligence, Ijtihād.
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 For “Journal of Seerat Studies” to publish research articles, we need publishing rights. This is controlled by an arrangement between the author and “Journal of Seerat Studies”. This arrangement manages the permit of the copyright to “Journal of Seerat Studies”. The Journal of Seerat Studies holds all the rights of publishing articles. Editorial Board of “Journal of Seerat Studies” does not accept responsibility for the statement, contents, opinions expressed, or conclusion drawn by the contributors to the “Journal of Seerat Studies”.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Authors who publish with Journal of Seerat Studies agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC BY-SA 4.0) that allows others to share the work with an acknowledgment of the work’s authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
