How does a lay person recognise a Mujtahid
The essence of Taqleed is that a person who doesn’t have the capability to reach a decision based on the Qur’an and Sunnah should adhere to an expert scholar and rely upon his judgement.
A question may arise from this explanation. That is, if the person following
has no academic merit, how is he to determine the expertise of the scholar whom
he is asking and following?
In response to this question, we will suffice with an excerpt from Imam Ghazali:
"If it is asked, a lay person may
base his choice on assumptions and hence,he may be deceived by appearances.
This may lead him to give preference to a lesser Imam over one who is more
suited. So if he is allowed to exercise his judgement (in choosing an Imam)
and acts upon his assumptions, why can't he then act upon his assumptions
in the issue under discussion? Understanding the various degrees of scholarship
is very intricate and a lay person cannot be the best judge for that. This
question is valid, Our answer is that if a non-physician, whose child has
become sick, decides to administer medicine as he sees fit will be held responsible
and will be guilty of transgression. If he consults a physician, he will
not be responsible and will not be transgressing. If there are two physicians
in town and they differ over the prescription, then if the father of the
son decides to take the prescription of the lesser over that of the better
physician, he will be held accountable.
He (the father) would know of the better physician by merely listening to
the opinions formed by patients, by the lesser physician's referral to the
better physician and by overwhelming signs which will convince him (the father)
that this physician is better than the other. The same is the case for choosing
the best scholar from several. There is no need to look into the issue itself
(just as it is not necessary to look into the prescription or medicine). This
much, the lay person is quite capable of doing and determining. It is not proper
to go against the overwhelming assumption merely because of likes and dislikes.
This is the most correct opinion - in our view and the most suitable for regulating
people in God-consciousness (Taqwa) and accountability.
Excerpt from the Book "The Legal Status of Following a Madhab" by
Mufti Taqi Usmani (db)
Read the book: Come to Islam
|