Following the Madhhab of Imam Malik
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The third question of the fatwa number ( 2573 )
Q 3: One of the people follows the madhhab of Imam Malik and encourages people to follow it, and he has several arguments for this, including: A- That none of us has reached the level of examining the evidence to distinguish the authentic from the weak, so he must follow a madhhab until he reaches this level. B- That most of the disagreement among the previous imams was in the principles of jurisprudence, meaning: that one must know the principles of each imam, so that he can then judge the correctness of this statement over that one, and he says to whoever disagrees with his opinion: that he did not delve deeply into jurisprudence, and if he had read a lot in jurisprudence, he would have reached what he reached regarding the obligation of following one of the four madhhabs.
A 3: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions.. After that: People differ in their aptitude, thinking, and knowledge, so some are intelligent and some are dull, and some are scholars and some are illiterate. So whoever has strength in aptitude, breadth in thinking, and is given knowledge that enables him to derive rulings from their evidence in all issues or some of them - it is obligatory for him to do so, and it is not permissible for him to follow other scholars in what he has understood from the evidence - according to the scientific rules - and is convinced of it, and for the issues he is unable to handle, he asks
the scholars about their evidence, or about the meaning of what is difficult for him to understand from the evidence; because of the saying of Allah the Exalted:[An-Nahl 16:43] , so Allah generalized this to asking about the evidence and about what is difficult to understand from it, and the Exalted commanded cooperation in righteousness and piety, so He said: [Al-Ma'idah 5:2] , and there is no doubt that cooperating to reach the evidence of the Shari'ah, and to understand what is hidden in its meaning, is among the first things that fall under the meaning of this verse and its like, and this was the practice of the Companions (may Allah be pleased with them), for some of them would ask others about what they heard from the Prophet (peace and blessings be upon him) sometimes, and ask about what was hidden from them in the meanings of the evidence sometimes. As for whoever is illiterate or a student but is deficient in his intellectual aptitude or his scholarly output - he has no way except to ask others from the people of knowledge, who are the people of knowledge of the Shari'ah; because of the saying of Allah the Exalted: [An-Nahl 16:43] , and this is a matter that reality testifies to, and it is the cosmic sunnah that has occurred among people, and even if they think they are among the mujtahids, let them
follow its path, and let them learn and train themselves in research, and let them follow the methodology of the scholars who preceded them, and let them benefit from the scientific wealth they have inherited until Allah grants them from His bounty beneficial knowledge, and strength to extract rulings from their evidence, so at that time they can exercise independent legal reasoning even in some issues. And whoever wants more on the issue of independent legal reasoning and following a scholar without knowing his evidence, let him refer to what the scholar Ibn al-Qayyim, wrote on this issue in his book (I'lam al-Muwaqqi'in) and to others. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Q 3: One of the people follows the madhhab of Imam Malik and encourages people to follow it, and he has several arguments for this, including: A- That none of us has reached the level of examining the evidence to distinguish the authentic from the weak, so he must follow a madhhab until he reaches this level. B- That most of the disagreement among the previous imams was in the principles of jurisprudence, meaning: that one must know the principles of each imam, so that he can then judge the correctness of this statement over that one, and he says to whoever disagrees with his opinion: that he did not delve deeply into jurisprudence, and if he had read a lot in jurisprudence, he would have reached what he reached regarding the obligation of following one of the four madhhabs.
A 3: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions.. After that: People differ in their aptitude, thinking, and knowledge, so some are intelligent and some are dull, and some are scholars and some are illiterate. So whoever has strength in aptitude, breadth in thinking, and is given knowledge that enables him to derive rulings from their evidence in all issues or some of them - it is obligatory for him to do so, and it is not permissible for him to follow other scholars in what he has understood from the evidence - according to the scientific rules - and is convinced of it, and for the issues he is unable to handle, he asks
the scholars about their evidence, or about the meaning of what is difficult for him to understand from the evidence; because of the saying of Allah the Exalted:
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لاَ تَعْلَمُونَcooperate in righteousness and piety
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىSo ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لاَ تَعْلَمُونَfollow its path, and let them learn and train themselves in research, and let them follow the methodology of the scholars who preceded them, and let them benefit from the scientific wealth they have inherited until Allah grants them from His bounty beneficial knowledge, and strength to extract rulings from their evidence, so at that time they can exercise independent legal reasoning even in some issues. And whoever wants more on the issue of independent legal reasoning and following a scholar without knowing his evidence, let him refer to what the scholar Ibn al-Qayyim, wrote on this issue in his book (I'lam al-Muwaqqi'in) and to others. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.