The Ruling on Diminishing the Status of Jurisprudential Branches and the Importance of Adhering to the Schools of Jurisprudence
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Question:
He says: Honorable Shaykh, may Allah grant you success. You observe that some of those who claim affiliation with knowledge, especially the younger students of knowledge, diminish the status of the jurisprudential branches in the books of the schools of jurisprudence, on the pretext that there is no evidence for them. They also diminish the independent legal reasoning of the Imams in this matter. Is there a guiding word regarding this, and regarding respecting the statements of the Imams of the schools of jurisprudence, and the importance of the issue of following a school of jurisprudence? Because in these times, there are those who diminish its status, criticize it, and say, "I am free from the school of jurisprudence, and I take directly from the Book and the Sunnah."
Answer:
This is misguidance, and we have said this, we have clarified this. We said that the one in whom the conditions of independent legal reasoning are present, he exercises independent legal reasoning, and it is not permissible for him to follow a scholar without knowing his evidence. But this has become rare in this time or has disappeared, because as time recedes, access to knowledge decreases, as the Messenger (peace and blessings be upon him) said: I think that as time recedes, knowledge decreases. It was also reported that in the end times, the jurists will decrease and the reciters will increase. They increase the reciters who do not have the innate natural disposition.
So, disdain for the books of Islamic jurisprudence is wrong. Islamic jurisprudence is the wealth of this Ummah, a great wealth. But it does not mean that we take all of it as it is; rather, we sift through it. The one who has the capability sifts through it, taking what is supported by evidence. We told you that people are in three categories: either an absolute independent legal reasoner, or a school-specific independent legal reasoner. Four categories: either an absolute independent legal reasoner, or a school-specific independent legal reasoner who prefers one view, or one who follows a scholar without knowing his evidence, or a layperson. Four categories. And this Islamic jurisprudence is a great wealth in the hands of the scholars. They take from it and use it to aid in understanding the Book and the Sunnah. They take from its fatwas and the statements of the Imams what agrees with the evidence, and they leave what contradicts the evidence. As for disdain for it and exercising independent legal reasoning anew, who are the ones exercising independent legal reasoning anew? There is no one. It means misguidance, may Allah protect us from it. Are you, O one who says, "I exercise independent legal reasoning and I take by evidence," are you like the four Imams, like Imam Ahmad, Imam Malik? What is this? It does not exist. But are you even like the lowest praying person? You have nothing at all. So do not destroy yourself and do not destroy others. Fear Allah. Following a scholar without knowing his evidence is permissible in dire necessity. Allah the Exalted said:[An-Nahl 16:43] This is following a scholar without knowing his evidence in dire necessity. In dire necessity, following a scholar without knowing his evidence is obligatory. And when one has the ability, following a scholar without knowing his evidence is forbidden. When one has the ability to exercise independent legal reasoning, following a scholar without knowing his evidence is forbidden. And in dire necessity, following a scholar without knowing his evidence is obligatory. Following a scholar without knowing his evidence is not absolutely forbidden, nor is it absolutely permissible. There is a distinction.
And we do not say of Islamic jurisprudence that we take it as it is. We tell you: sift through it and take what is established by evidence from it. Because they are more knowledgeable than you in deriving evidence and more knowledgeable than you in deduction. As for you, you have nothing except that you rely on their statements. You rely on the statements of the jurists and look at their evidence if you have the ability to return to them. If you do not have the ability, take from them or not. Even if you do not know well, because this is a dire necessity. This is a dire necessity.
This must be understood. There are people who are fighting the schools of jurisprudence now. Where do they lead the people? They lead them to misguidance. One person wrote a book saying "Islam without schools of jurisprudence," Islam without schools of jurisprudence, Islam without schools of jurisprudence. Where do they lead the people? Do they lead them to the ignorant? There is a great problem. Yes.
He says: Honorable Shaykh, may Allah grant you success. You observe that some of those who claim affiliation with knowledge, especially the younger students of knowledge, diminish the status of the jurisprudential branches in the books of the schools of jurisprudence, on the pretext that there is no evidence for them. They also diminish the independent legal reasoning of the Imams in this matter. Is there a guiding word regarding this, and regarding respecting the statements of the Imams of the schools of jurisprudence, and the importance of the issue of following a school of jurisprudence? Because in these times, there are those who diminish its status, criticize it, and say, "I am free from the school of jurisprudence, and I take directly from the Book and the Sunnah."
Answer:
This is misguidance, and we have said this, we have clarified this. We said that the one in whom the conditions of independent legal reasoning are present, he exercises independent legal reasoning, and it is not permissible for him to follow a scholar without knowing his evidence. But this has become rare in this time or has disappeared, because as time recedes, access to knowledge decreases, as the Messenger (peace and blessings be upon him) said:
Indeed, Allah does not take this knowledge away by extracting it from the hearts of men, but He takes knowledge by the death of the scholars. So when no scholar remains, or no scholar remains, the people take ignorant heads, so they judge without knowledge, and they go astray.
إن الله لا يقبض هذا العلم انتزاعا من صدور الرجال، وإنما يقبض العلم بموت العلماء، فإذا لم يبق عالم أو لم يبق عالما، أخذ الناس رؤوسا جهالا، فأفتحوا بغير علم، فضلوا،So, disdain for the books of Islamic jurisprudence is wrong. Islamic jurisprudence is the wealth of this Ummah, a great wealth. But it does not mean that we take all of it as it is; rather, we sift through it. The one who has the capability sifts through it, taking what is supported by evidence. We told you that people are in three categories: either an absolute independent legal reasoner, or a school-specific independent legal reasoner. Four categories: either an absolute independent legal reasoner, or a school-specific independent legal reasoner who prefers one view, or one who follows a scholar without knowing his evidence, or a layperson. Four categories. And this Islamic jurisprudence is a great wealth in the hands of the scholars. They take from it and use it to aid in understanding the Book and the Sunnah. They take from its fatwas and the statements of the Imams what agrees with the evidence, and they leave what contradicts the evidence. As for disdain for it and exercising independent legal reasoning anew, who are the ones exercising independent legal reasoning anew? There is no one. It means misguidance, may Allah protect us from it. Are you, O one who says, "I exercise independent legal reasoning and I take by evidence," are you like the four Imams, like Imam Ahmad, Imam Malik? What is this? It does not exist. But are you even like the lowest praying person? You have nothing at all. So do not destroy yourself and do not destroy others. Fear Allah. Following a scholar without knowing his evidence is permissible in dire necessity. Allah the Exalted said:
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَAnd we do not say of Islamic jurisprudence that we take it as it is. We tell you: sift through it and take what is established by evidence from it. Because they are more knowledgeable than you in deriving evidence and more knowledgeable than you in deduction. As for you, you have nothing except that you rely on their statements. You rely on the statements of the jurists and look at their evidence if you have the ability to return to them. If you do not have the ability, take from them or not. Even if you do not know well, because this is a dire necessity. This is a dire necessity.
This must be understood. There are people who are fighting the schools of jurisprudence now. Where do they lead the people? They lead them to misguidance. One person wrote a book saying "Islam without schools of jurisprudence," Islam without schools of jurisprudence, Islam without schools of jurisprudence. Where do they lead the people? Do they lead them to the ignorant? There is a great problem. Yes.
Source
أهمية التمذهب والاستفادة من أقوال المجتهدين السابقين — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
