Resolving Disagreement by the Ruling of the Judge and Qunut
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Question:
Following up on this question, some students of knowledge point to the disagreement mentioned by jurists regarding qunut: is it specific to the imam, or his deputy, or the imam of the congregation, or every person praying? And the question is: does the ruling of the judge and the ruling of the one in authority resolve the disagreement in such matters?
Answer:
We have answered this and said that it is not the right of every imam to recite qunut except by a fatwa from the scholars of knowledge and a general order from the one in authority or the deputy of the one in authority. Otherwise, chaos will ensue or disorder will occur, and everyone who is angry with someone will start making du'a against them in the Fajr prayer and burdening people with making du'a against them. No, this is not acceptable; these matters are not to be left to chaos. This is referred back to the scholars of knowledge. Allah the Exalted said:[An-Nisa 4:83] Matters must have regulations and references. Hmm.
As for the issue that the ruling of the judge resolves the disagreement, this is not just in qunut; it applies to all disputed matters. If there is disagreement in a matter and the judge rules with one of the opinions, then it is obligatory to execute the judgment.
Unless it contradicts the evidence. If the opinion with which he ruled contradicts the correct evidence, then it is not permissible to execute it; it must be annulled. It is not permissible to execute a judgment that contradicts the correct evidence. However, if the matter is plausible, there is disagreement in the issue, and neither of the two opinions is preferred by correct evidence, and the judge rules with one of the opinions, then it is obligatory to act upon it. This is the meaning of their saying that the ruling of the judge resolves the disagreement.
Following up on this question, some students of knowledge point to the disagreement mentioned by jurists regarding qunut: is it specific to the imam, or his deputy, or the imam of the congregation, or every person praying? And the question is: does the ruling of the judge and the ruling of the one in authority resolve the disagreement in such matters?
Answer:
We have answered this and said that it is not the right of every imam to recite qunut except by a fatwa from the scholars of knowledge and a general order from the one in authority or the deputy of the one in authority. Otherwise, chaos will ensue or disorder will occur, and everyone who is angry with someone will start making du'a against them in the Fajr prayer and burdening people with making du'a against them. No, this is not acceptable; these matters are not to be left to chaos. This is referred back to the scholars of knowledge. Allah the Exalted said:
And when there comes to them information about [public] security or fear, they spread it around. But if they had referred it back to the Messenger or to those of authority among them, then the ones who [can] draw correct conclusions from it would have known about it.
وَإِذَا جَاءَهُمْ أَمْرٌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَىٰ أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْAs for the issue that the ruling of the judge resolves the disagreement, this is not just in qunut; it applies to all disputed matters. If there is disagreement in a matter and the judge rules with one of the opinions, then it is obligatory to execute the judgment.
Unless it contradicts the evidence. If the opinion with which he ruled contradicts the correct evidence, then it is not permissible to execute it; it must be annulled. It is not permissible to execute a judgment that contradicts the correct evidence. However, if the matter is plausible, there is disagreement in the issue, and neither of the two opinions is preferred by correct evidence, and the judge rules with one of the opinions, then it is obligatory to act upon it. This is the meaning of their saying that the ruling of the judge resolves the disagreement.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما هي النوازل التي يُقنت بها؟ وهل يشترط استئذان ولي الأمر للقنوت؟ وبماذا يُدعى في القنوت؟ — youtube.com (2:58)
The Arabic text is a machine transcription of the audio recording.