Some time ago, I posted an article on talfiq that also discussed the issues relating to ijtihad and taqlid (the article is attached after this response). A questioner sent the following questions regarding the post.
Jazakallah khayr for your article written on the subject …In the categories of fiqh, I believe there are more categories if one is not a mujtahid: one could be a faqih, a mufti, a qadi yet not be a mujtahid who derives new rulings.
Also, there are two types of taqlid: (1) A muqallid muttabi‘ is someone who acquaints himself with the daleel used by the mujtahid to arrive at the ahkam but he does not have to comprehend the reason for using the specific daleel. (2) Muqallid ‘Ammi is someone who follows a mujtahid’s ijtihad without asking for the daleel.
Also, taqleed does not exist in ‘aqida. Once Imam Malik was asked by Haroon al-Rashid for special hadith lessons. Imam Malik responded “if ‘ilm is taken away from the ‘aamm for the sake of the khass, the khass (i.e., him) would not benefit. We know in the study circles of Abu Hanifah, he always asked his students for daleel. Jazakallah khayr.
May Allah forgive me if I said anything wrong or offended you.
<name omitted>
In the Name of Allah, Most Merciful and Compassionate
Muftis and Qadis
Muftis (those who give legal opinion) and qadis (judges) are not categories of different types of mujtahids.
In the books of usul al-fiqh (which discuss how to derive rulings from the primary texts), the word “mufti” is used to mean “mujtahid”: the two words are completely synonymous. Similarly, the word “mustafti” is often used to mean “muqallid.” In our everyday usage of the term, however, when we say that so-and-so is a mufti, we don’t mean that he is a mujtahid, but rather only that he answers fiqh questions posed to him based on the books of the school of fiqh that he follows. The Shafi‘i (or Hanafi, or Hanbali, or Maliki) muftis that are alive today (may Allah preserve them all and benefit us through them) are muqallids with a good understanding of the madhhab and convey the positions of the madhhab they represent; they don’t derive rulings themselves.
According to the Shafi‘is, a qadi must be a mujtahid (see Reliance, o22.2). Again, however, this has not been the case for centuries, and so the qadis that have existed in the past (and those who exist today) are termed qadi darura (a qadi of necessity) because they are not mujtahids and rule according to the positions of the madhhab they follow. The issue of qadis of necessity is discussed in detail in the late books of the Shafi‘i school.
The difference between a qadi and a mufti is that the ruling of a qadi is binding whereas the ruling of a mufti is not. The scholars say, al-mufti mukhbir wa’l-qadi mujbir, meaning, “A mufti transmits whereas a qadi enforces.” Someone who goes to a court of law and presents his case before a qadi is legally bound to follow the conclusion of the qadi whereas someone who asks a mufti for the ruling on a particular question is not legally bound to follow what the mufti says; he can go to another mufti and take his opinion. The great Maliki Imam al-Qarafi (Allah have mercy on him) wrote a priceless book on this topic called al-Ihkam fi’l-Tamyiz bayna’l-Fatawa wa’l-Ahkam wa Tasarrufat al-Qadi wa’l-Imam. The book is full of jewels, and has been beautifully edited by the late Hanafi muhaddith Shaykh ‘Abd al-Fattah Abu Ghudda (Allah have mercy on him). Highly recommended for those interested in investigating this topic further.
Other Categories of Mujtahids?
The books of usul and fiqh mention several different “types” of mujtahid. Among them are the following:
- The absolute mujtahid (mujtahid mutlaq). The four imams (and others) fall into this category.
- The madhhab-mujtahid. This is someone who cannot derive rulings directly from the primary texts, but has such thorough knowledge and understanding of the positions of his imam that he can infer what the imam would have said on a position that he did not explicitly deal with. In the Shafi‘i school, Imam al-Haramayn al-Juwayni would fall into this category. The Shafi‘is also describe such mujtahids as ashaab al-wujooh.
- The mujtahid of tarjeeh. This is also someone who cannot derive rulings directly from the primary texts. His function is to weigh between existing positions within the school and decide which ones are strong and which ones are weak, and possibly also indicate how weak or how strong they are. In the Shafi‘i school, Imam Nawawi and Imam Rafi‘i would fall into this category. The Shafi‘is also describe such mujtahids as mujtahid fatwa.
This is not an exhaustive list; other types are also mentioned. The Hanafis have their own (similar) classification of different types of scholars (see Buluugh al-Sul, 180).
Note that all categories except for the first are, in reality, muqallids, since they cannot derive rulings directly from the primary texts, so to describe them as mujtahids is inexact.
