Taqlid for a Learned Researcher and Transfer from One Madhhab to Another

Question

(1) What does taqlid mean in the terminology of the jurists (fuqaha)? (2) In reality it is an accepted matter among the ulama that one who is himself a mujtahid is not permitted to make taqlid of another — in the sense that: [ar]اَلتَّقْلِيدُ بِأَنَّهُ الْعَمَلُ بِقَوْلِ مَنْ لَا يُعْرَفُ دَلِيلُهُ[/ar] “taqlid is acting upon the saying of one whose proof is not known.” (3)

Answer

(1) To accept the saying of a person in whom one has confidence that he will state the ruling in accordance with the proof, and not to demand the proof from him — that is taqlid. Thus in ‘Iqd al-Jid. (2) The preponderant (rajih) view is this: a mujtahid has the right to make taqlid of another mujtahid, because ijtihad is divisible (mutajazzi’)

Source: Fatawa Mahmudiyya

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