The Rulings of Jurists on Dislike and Recommendation Without Evidence
Machine translationRead the Arabic original
Question:
Your Eminence the Shaykh (may Allah preserve you), what is the driving force behind the jurists (may Allah have mercy on them) mentioning dislike, recommendation, and prohibition for matters that have no scriptural evidence?
Answer:
If there is evidence, the proof is the evidence. But if there is no evidence, it is through independent legal reasoning (ijtihad). Ijtihad may be wrong, and it may be right. Rulings must be based on evidence. It is not established that something is forbidden, disliked, recommended, or obligatory except by evidence: what Allah said, what His Messenger said, or derivation from the evidence. So a scholar may derive a ruling and may err.
Your Eminence the Shaykh (may Allah preserve you), what is the driving force behind the jurists (may Allah have mercy on them) mentioning dislike, recommendation, and prohibition for matters that have no scriptural evidence?
Answer:
If there is evidence, the proof is the evidence. But if there is no evidence, it is through independent legal reasoning (ijtihad). Ijtihad may be wrong, and it may be right. Rulings must be based on evidence. It is not established that something is forbidden, disliked, recommended, or obligatory except by evidence: what Allah said, what His Messenger said, or derivation from the evidence. So a scholar may derive a ruling and may err.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم [ برنامج إذاعي ]، بداية من أسئلة في باب استحباب الصلاة في ثوبين وجوازها في الثوب الواحد — islamhouse.com (2:43)
The Arabic text is a machine transcription of the audio recording.