Abstract

It is well known in the usûl al-fiqh (fundamental principles of Islamic law) that the Mukallaf (accountable person) is either a Mujtahid or a Muqallid. Mujtahid is a title given to the Islamic jurist who has the ability to arrive at rulings; thus, he is required to practice Ijtihad. While Muqallid is the person who has no ability to conduct such activities; thus, he is required to follow the Mujtahids. Taqlid (conformity of one person to the ijtihad of another) of the four Imams has been common among Muslims since the fourth century of the hijri, their madhhabs including its origins and branches have been well established, and many scholars and laypersons have followed them since that era till the time being. The second considers that restricting imitation (Taqlid) to these schools of thought has caused the stagnation of Islamic jurisprudence and its inability to keep pace with the times. The research dealt with these two points of view and followed the method of comparison and analysis. The two points of view on the issue were presented and discussed, and then the implications in contemporary reality were explained. The research used books written in the science of jurisprudence in general and in the section of Juristic Interpretation and Imitation in particular, in addition to books written in the history of jurisprudence. The research reached several results, most notably are as follow: 1) the need to adhere to the four schools of thought (Madhhabs) in all actions and fatwas and not to depart from them except for necessity and need, 2) these Madhhabs represent the jurisprudential identity of the Sunnis group, it should not be underestimated, and that it is sufficient to meet most of the needs of the age. It is not correct to describe the commitment to it as inertia. The call for liberation from the jurisdiction of the four schools of thought resulted in corruption, the most important of which is the lack of discipline in fatwas and providing fatwas with abnormal sayings.