The error of those who say that following a scholar without knowing his evidence is obligatory
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Fatwa number ( 12548 )
Q: I read in a book written in our language, where its author says: The position of the imams of the schools of jurisprudence in Islam: ( Abu Hanifa , Ahmad , Malik , and al-Shafi'i ) and others, is like the position of Paul in the religion of Christ, for they divert people from the truth to their own desires, despite the existence of the evidence transmitted from the Prophet (peace and blessings be upon him). They brought their own opinions after these evidences. What is the response to him? He also says: Those who follow them without knowing their evidence and their followers are disbelievers, for they follow people and leave what the Prophet (peace and blessings be upon him) said.
A: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions.. And after:
First: The imams of the four schools of jurisprudence, namely: (Abu Hanifa, and Malik, and al-Shafi'i, and Ahmad ibn Hanbal) are among the distinguished scholars, the followers of the Prophet (peace and blessings be upon him), and the people of independent legal reasoning and derivation of rulings from the detailed evidence of the Shari'ah. What the aforementioned author said about them, that they divert people from the truth and follow their own desires, is a lie and slander against them. Furthermore, one who follows them is not a disbeliever, for if a person is not among those knowledgeable of the rulings and he follows one of the four schools of jurisprudence, there is no blame on him for that. We have issued a fatwa regarding the four schools of jurisprudence, the text of which is: (The mujtahids among the jurists are many, especially in the three centuries that the Messenger of Allah (peace and blessings be upon him) testified to as being the best. Four of them became renowned over the years: Abu Hanifa al-Nu'man ibn Thabit in Iraq, and Abu 'Abdullah Malik ibn Anas al-Asbahi in al-Madinah al-Munawwarah, and Abu 'Abdullah Muhammad ibn Idris al-Shafi'i al-Qurashi , the scholar of Quraysh and its pride, and Abu 'Abdullah Ahmad ibn Muhammad ibn Hanbal al-Shaybani , the imam of the people of hadith and their model, and the jurist of the people of Iraq in his time. The reasons for their fame are many, among which is: the spread of their school of jurisprudence in the land where they grew up or to which they migrated, in accordance with the cosmic sunnah; like Abu Hanifa, and Ahmad (may Allah have mercy on them) in Iraq, and Malik in al-Madinah, and al-Shafi'i in Makkah
and Egypt . And among the reasons is the activity of their students and those who adopted their school of jurisprudence and built upon their principles, and their effort in calling to their school of jurisprudence in their lands or the lands to which they migrated; like Muhammad ibn al-Hasan, and Abu Yusuf for example in Iraq, and Ibn al-Qasim, and Ashhab in Egypt, and Sahnun in the Maghreb, and al-Rabi' ibn Sulayman in Egypt , and the students of Imam Ahmad in al-Sham and Iraq . And among the reasons is the support of the governments for the school of jurisprudence and its scholars, appointing them to positions such as the judiciary, opening schools for them, and showering them with good from endowments and other sources. None of them called to his school of jurisprudence exclusively, nor did he show fanaticism for it, nor did he oblige others to act according to it or a specific school of jurisprudence. Rather, they called to acting according to the Book and the Sunnah, explaining the texts of the religion and clarifying its rules, deriving rulings from them, and issuing fatwas on what they were asked about, without obliging any of their students or others to follow a specific opinion. In fact, they criticized those who did so, and ordered that their opinion be disregarded if it contradicted an authentic hadith. One of them said: (If the hadith is authentic, then it is my school of jurisprudence). It is not obligatory for anyone to follow a specific school of jurisprudence from these schools. Rather, he must strive to know the truth if he is able, and seek help in that from Allah, then from the scientific wealth that the previous scholars of the Muslims left for those after them, by which they made the path of understanding the texts and applying them easy for them. And whoever
is unable to derive rulings from the texts and the like, due to something that prevents him from doing so, should ask the trusted scholars about the rulings of the Shari'ah he needs; because of the saying of the Exalted:[An-Nahl 16:43], and he must be careful in his question to ask those he trusts among those famous for knowledge, virtue, mindfulness of Allah, and righteousness. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I read in a book written in our language, where its author says: The position of the imams of the schools of jurisprudence in Islam: ( Abu Hanifa , Ahmad , Malik , and al-Shafi'i ) and others, is like the position of Paul in the religion of Christ, for they divert people from the truth to their own desires, despite the existence of the evidence transmitted from the Prophet (peace and blessings be upon him). They brought their own opinions after these evidences. What is the response to him? He also says: Those who follow them without knowing their evidence and their followers are disbelievers, for they follow people and leave what the Prophet (peace and blessings be upon him) said.
A: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions.. And after:
First: The imams of the four schools of jurisprudence, namely: (Abu Hanifa, and Malik, and al-Shafi'i, and Ahmad ibn Hanbal) are among the distinguished scholars, the followers of the Prophet (peace and blessings be upon him), and the people of independent legal reasoning and derivation of rulings from the detailed evidence of the Shari'ah. What the aforementioned author said about them, that they divert people from the truth and follow their own desires, is a lie and slander against them. Furthermore, one who follows them is not a disbeliever, for if a person is not among those knowledgeable of the rulings and he follows one of the four schools of jurisprudence, there is no blame on him for that. We have issued a fatwa regarding the four schools of jurisprudence, the text of which is: (The mujtahids among the jurists are many, especially in the three centuries that the Messenger of Allah (peace and blessings be upon him) testified to as being the best. Four of them became renowned over the years: Abu Hanifa al-Nu'man ibn Thabit in Iraq, and Abu 'Abdullah Malik ibn Anas al-Asbahi in al-Madinah al-Munawwarah, and Abu 'Abdullah Muhammad ibn Idris al-Shafi'i al-Qurashi , the scholar of Quraysh and its pride, and Abu 'Abdullah Ahmad ibn Muhammad ibn Hanbal al-Shaybani , the imam of the people of hadith and their model, and the jurist of the people of Iraq in his time. The reasons for their fame are many, among which is: the spread of their school of jurisprudence in the land where they grew up or to which they migrated, in accordance with the cosmic sunnah; like Abu Hanifa, and Ahmad (may Allah have mercy on them) in Iraq, and Malik in al-Madinah, and al-Shafi'i in Makkah
and Egypt . And among the reasons is the activity of their students and those who adopted their school of jurisprudence and built upon their principles, and their effort in calling to their school of jurisprudence in their lands or the lands to which they migrated; like Muhammad ibn al-Hasan, and Abu Yusuf for example in Iraq, and Ibn al-Qasim, and Ashhab in Egypt, and Sahnun in the Maghreb, and al-Rabi' ibn Sulayman in Egypt , and the students of Imam Ahmad in al-Sham and Iraq . And among the reasons is the support of the governments for the school of jurisprudence and its scholars, appointing them to positions such as the judiciary, opening schools for them, and showering them with good from endowments and other sources. None of them called to his school of jurisprudence exclusively, nor did he show fanaticism for it, nor did he oblige others to act according to it or a specific school of jurisprudence. Rather, they called to acting according to the Book and the Sunnah, explaining the texts of the religion and clarifying its rules, deriving rulings from them, and issuing fatwas on what they were asked about, without obliging any of their students or others to follow a specific opinion. In fact, they criticized those who did so, and ordered that their opinion be disregarded if it contradicted an authentic hadith. One of them said: (If the hadith is authentic, then it is my school of jurisprudence). It is not obligatory for anyone to follow a specific school of jurisprudence from these schools. Rather, he must strive to know the truth if he is able, and seek help in that from Allah, then from the scientific wealth that the previous scholars of the Muslims left for those after them, by which they made the path of understanding the texts and applying them easy for them. And whoever
is unable to derive rulings from the texts and the like, due to something that prevents him from doing so, should ask the trusted scholars about the rulings of the Shari'ah he needs; because of the saying of the Exalted:
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لاَ تَعْلَمُونَ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.