Some people leave off what is commanded and do what is forbidden on the pretext that the interest of da'wah requires it; are there any guidelines for this statement?
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The questioner: Shaykh, regarding the previous brother's question, it is natural that when you speak with many da'iyah (preachers) about enjoining good, performing the Sunnahs, or leaving off what is forbidden, they mention the interest of da'wah. They say that the interest of da'wah does not require performing this action now, or that the interest of da'wah requires committing some sins or some forbidden acts, and so on. Shaykh, if you were to set guidelines for this phrase, which is "the interest of da'wah," because many people, especially da'iyah, use this phrase as an excuse to escape from many Sunnahs and from applying these Sunnahs?
The Shaykh: The problem, may Allah reward you, is that it has unfortunately become a common custom to use the term "da'iyah" first, and then to give weight to anyone who says, or is said, to be a da'i. A da'i is supposed to be knowledgeable of the Book and the Sunnah; it is not sufficient for him to be a scholar who follows a madhhab without independent reasoning (mقلid); because this scholar who follows a madhhab without independent reasoning cannot move in his knowledge except within the limits of the traditional jurisprudence he has been taught, as we mention on such an occasion the saying:
-- Start with your right hand, since you are confused, start from here, this is contrary to the Sunnah, come in the name of Allah, please proceed --
You referred to a phrase I often mention, which is narrated from Ibn Rushd al-Andalusi that he said: "The example of the one who follows a madhhab without independent reasoning (mقلid) is like the example of a shoe seller, and the example of the one who performs independent legal reasoning (mujtahid) is like the example of a shoemaker. A man comes to the shoe seller and asks for a specific size, but he does not find it. Then he goes to the shoemaker, and the shoemaker makes for him the same size he wants." And so, the one who follows a madhhab without independent reasoning can only issue rulings within the limits of the branch issues he has looked into, but to perform independent legal reasoning on his own and give the appropriate ruling for the incident that occurred with him, this is something the one who follows a madhhab without independent reasoning cannot do.
So now, when it is said: some da'iyah say such and such!! This statement, first: is not said by a scholar from the mujtahids who are followed today. And second: those who say it, or say this phrase, are not from the people of knowledge and independent legal reasoning; therefore, why do we pay attention to such words that come from non-scholars, and even from non-scholars of traditional jurisprudence?! Because the reality today is apparent. We used to strongly deny the shaykhs and scholars who adhered to a specific madhhab, and the call to warn against rigidity in following a madhhab without independent reasoning continued for a period of time until people actually woke up to the importance of returning to the Book and the Sunnah and acting by what is in them... Whoever among them is like some of the jurists or some of the doctors in the common expression today, a jurist in what he calls comparative jurisprudence, takes from every madhhab—and this is what some of those who are called da'iyah explicitly state—he takes from every madhhab what suits the present time. He may take what is contrary to the Book and the Sunnah; why? Because he did not become a jurist based on the Book and the Sunnah, and then he did not adhere to the madhhab he studied and lived by, but rather he fell into what every madhhab of these four madhabs denies, which is what is called ta'lif (eclectic mixing). So he takes from every madhhab whatever pleases him, and this is a very strong phenomenon in the present age; where many of those jurists issue rulings permitting matters based on this eclectic mixing, such as permitting—for example—a little of riba (usury or interest), or permitting musical instruments or the like, even though these things are forbidden in the four madhabs. But there were found people from outside these madhabs who said that what was exemplified above is permissible; therefore, I say the answer to this question is: My brother, these are not scholars!!
The Shaykh: The problem, may Allah reward you, is that it has unfortunately become a common custom to use the term "da'iyah" first, and then to give weight to anyone who says, or is said, to be a da'i. A da'i is supposed to be knowledgeable of the Book and the Sunnah; it is not sufficient for him to be a scholar who follows a madhhab without independent reasoning (mقلid); because this scholar who follows a madhhab without independent reasoning cannot move in his knowledge except within the limits of the traditional jurisprudence he has been taught, as we mention on such an occasion the saying:
-- Start with your right hand, since you are confused, start from here, this is contrary to the Sunnah, come in the name of Allah, please proceed --
You referred to a phrase I often mention, which is narrated from Ibn Rushd al-Andalusi that he said: "The example of the one who follows a madhhab without independent reasoning (mقلid) is like the example of a shoe seller, and the example of the one who performs independent legal reasoning (mujtahid) is like the example of a shoemaker. A man comes to the shoe seller and asks for a specific size, but he does not find it. Then he goes to the shoemaker, and the shoemaker makes for him the same size he wants." And so, the one who follows a madhhab without independent reasoning can only issue rulings within the limits of the branch issues he has looked into, but to perform independent legal reasoning on his own and give the appropriate ruling for the incident that occurred with him, this is something the one who follows a madhhab without independent reasoning cannot do.
So now, when it is said: some da'iyah say such and such!! This statement, first: is not said by a scholar from the mujtahids who are followed today. And second: those who say it, or say this phrase, are not from the people of knowledge and independent legal reasoning; therefore, why do we pay attention to such words that come from non-scholars, and even from non-scholars of traditional jurisprudence?! Because the reality today is apparent. We used to strongly deny the shaykhs and scholars who adhered to a specific madhhab, and the call to warn against rigidity in following a madhhab without independent reasoning continued for a period of time until people actually woke up to the importance of returning to the Book and the Sunnah and acting by what is in them... Whoever among them is like some of the jurists or some of the doctors in the common expression today, a jurist in what he calls comparative jurisprudence, takes from every madhhab—and this is what some of those who are called da'iyah explicitly state—he takes from every madhhab what suits the present time. He may take what is contrary to the Book and the Sunnah; why? Because he did not become a jurist based on the Book and the Sunnah, and then he did not adhere to the madhhab he studied and lived by, but rather he fell into what every madhhab of these four madhabs denies, which is what is called ta'lif (eclectic mixing). So he takes from every madhhab whatever pleases him, and this is a very strong phenomenon in the present age; where many of those jurists issue rulings permitting matters based on this eclectic mixing, such as permitting—for example—a little of riba (usury or interest), or permitting musical instruments or the like, even though these things are forbidden in the four madhabs. But there were found people from outside these madhabs who said that what was exemplified above is permissible; therefore, I say the answer to this question is: My brother, these are not scholars!!
Source
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