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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is your opinion on the rule: "The legislation of those before us is legislation for us, unless our legislation comes with a contrary ruling"?

Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what is your opinion on this rule: "The legislation of those before us is legislation for us, unless our legislation comes with a contrary ruling"?

Answer:
This is the statement of some scholars that the legislation of those before us has three cases. The first case is that our legislation has abrogated it, in which case it is not permissible for us to act upon it, such as the qiblah (direction of prayer) toward the Sacred Mosque in Jerusalem. It is not permissible for us now to face the Sacred Mosque in Jerusalem, because this was abrogated and Allah the Exalted prohibited it. The second case is that our legislation has approved it; our legislation has approved the legislation of those before us, so we act upon this because our legislation approved it and the two legislations agree. The third case is that our legislation has neither prohibited it nor permitted it, in which case we refrain from it. We refrain from it. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [861 /1350] ما رأيكم بقاعدة: "شرع من قبلنا شرع لنا ما لم يأت شرعنا بخلافه"؟ الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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