Is it permissible for anyone in this age to judge by the Qur'an and the Hadith without the books of Islamic jurisprudence?
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Questions 6 and 7 from Fatwa No. (3323)
Q 6, 7: Why is it obligatory for every Muslim to follow one of the four schools of jurisprudence, given that the founders of the schools derive rulings from the Book and the Sunnah? Is it permissible for anyone in this age to judge by the Qur'an and the Hadith without the books of Islamic jurisprudence; citing the statement of Allah the Exalted:[Al-Ma'idah 5:49] the verse, and the statement of Allah the Exalted: [Al-'Ankabut 29:51] the verse, or not? If you say the former, then in (Tanwir al-Qulub) it is stated: "And whoever does not follow one of them and says: I act according to the Book and the Sunnah, claiming to understand the rulings from them, will not be safe; rather, he is mistaken, misguided, and misguiding others, especially in this age in which open sinfulness has spread and false claims have multiplied; for he has presumed to be above the imams of religion, while he is below them in knowledge, justice, and insight."
A 6, 7: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions.. After that: Whoever is qualified to derive rulings from the Book and the Sunnah, and is capable of doing so, even with the aid of the wealth of Islamic jurisprudence we have inherited from the predecessors among the scholars of Islam - he may do so; to act upon it himself, to adjudicate disputes by it, and to issue fatwas to those who seek his opinion. And whoever is not qualified for that, he must ask the trustworthy scholars of his time, or read the books of the trustworthy, reliable scholars; to know the ruling from their books and act upon it, without
restricting his question or reading to a scholar from the scholars of the four schools of jurisprudence. People turned to the four schools because of their fame, the precision of their books, their widespread availability, and their ease of access for people. Whoever says that following a scholar without knowing his evidence is obligatory for students of knowledge absolutely, he is mistaken, rigid, and has a bad opinion of students of knowledge in general, and he has narrowed what is broad. And whoever says that following a scholar without knowing his evidence is restricted to the four famous schools of jurisprudence, he is also mistaken, having narrowed what is broad without evidence. There is no difference, regarding the unlettered person, between a jurist from the four imams and others; such as al-Layth ibn Sa'd and al-Awza'i and the like of them among the jurists. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Q 6, 7: Why is it obligatory for every Muslim to follow one of the four schools of jurisprudence, given that the founders of the schools derive rulings from the Book and the Sunnah? Is it permissible for anyone in this age to judge by the Qur'an and the Hadith without the books of Islamic jurisprudence; citing the statement of Allah the Exalted:
And judge, [O Muhammad], between them by what Allah has revealed
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْـزَلَ اللَّهُAnd is it not sufficient for them that We revealed to you the Book
أَوَلَمْ يَكْفِهِمْ أَنَّا أَنْـزَلْنَا عَلَيْكَ الْكِتَابَA 6, 7: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions.. After that: Whoever is qualified to derive rulings from the Book and the Sunnah, and is capable of doing so, even with the aid of the wealth of Islamic jurisprudence we have inherited from the predecessors among the scholars of Islam - he may do so; to act upon it himself, to adjudicate disputes by it, and to issue fatwas to those who seek his opinion. And whoever is not qualified for that, he must ask the trustworthy scholars of his time, or read the books of the trustworthy, reliable scholars; to know the ruling from their books and act upon it, without
restricting his question or reading to a scholar from the scholars of the four schools of jurisprudence. People turned to the four schools because of their fame, the precision of their books, their widespread availability, and their ease of access for people. Whoever says that following a scholar without knowing his evidence is obligatory for students of knowledge absolutely, he is mistaken, rigid, and has a bad opinion of students of knowledge in general, and he has narrowed what is broad. And whoever says that following a scholar without knowing his evidence is restricted to the four famous schools of jurisprudence, he is also mistaken, having narrowed what is broad without evidence. There is no difference, regarding the unlettered person, between a jurist from the four imams and others; such as al-Layth ibn Sa'd and al-Awza'i and the like of them among the jurists. 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.