The Ruling on Codifying Islamic Legal Rulings
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, some journalists are demanding the codification of Islamic legal rulings for judges. What is the obligation regarding this, and what is meant by their demand?
Answer:
Codifying Islamic legal rulings is not possible, because the Islamic ruling is derived from the Book and the Sunnah, and it requires independent legal reasoning (ijtihad). Every case has its own circumstances and details, so it is not possible to establish rules that bind people, given the differences in cases and the fact that this restricts independent legal reasoning, restricts the pursuit of knowledge, and reduces the matter to mere articles. This is what is suitable for invalidating the understanding of Islamic jurisprudence, invalidating the pursuit of knowledge, and invalidating... and it does not guarantee that these rules or these articles are correct; they may be incorrect. Yes.
He says: Honorable Shaykh, may Allah grant you success, some journalists are demanding the codification of Islamic legal rulings for judges. What is the obligation regarding this, and what is meant by their demand?
Answer:
Codifying Islamic legal rulings is not possible, because the Islamic ruling is derived from the Book and the Sunnah, and it requires independent legal reasoning (ijtihad). Every case has its own circumstances and details, so it is not possible to establish rules that bind people, given the differences in cases and the fact that this restricts independent legal reasoning, restricts the pursuit of knowledge, and reduces the matter to mere articles. This is what is suitable for invalidating the understanding of Islamic jurisprudence, invalidating the pursuit of knowledge, and invalidating... and it does not guarantee that these rules or these articles are correct; they may be incorrect. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2527 -2802] حكم تقنين الأحكام الشرعية - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
