If a person is convinced of a ruling, is it possible for him to suspend that ruling for the sake of this unlegislated public interest?
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The questioner : Regarding unlegislated public interests, if a person is convinced of an opinion, is it possible for him to suspend that opinion or that ruling for the sake of this public interest?
The Shaykh : This issue comes down to the conviction, but is the conviction based on precise and explicit scholarly research? If so, he remains with the opinion, because most scholars acknowledge unlegislated public interests. But is every public interest a Shari'ah public interest? If he is convinced that it is a Shari'ah public interest, he acts in accordance with it. However, in appearance, the conviction may not arise from custom or from an assessment, even though the evidence is established that it is... But if the question is that... and the conviction is based on religious scholarly research, then there is no way to reject it, and one cannot say to him, "What is...?" that he should accept it, because there is no public interest... or this is not among the unlegislated public interests.
The questioner : That is, an example is necessary to clarify this matter.
The Shaykh : Yes, and the example is before you: the loudspeaker. This is an unlegislated public interest.
The questioner : Yes
The Shaykh : Ah, how is that?
The questioner : It is an unlegislated public interest limited to certain things.
The Shaykh : No, I am speaking about what we discussed just now.
The questioner : Yes, right now, no, this is an unlegislated harm.
The Shaykh : Harm? All right, give the example.
The Shaykh : This issue comes down to the conviction, but is the conviction based on precise and explicit scholarly research? If so, he remains with the opinion, because most scholars acknowledge unlegislated public interests. But is every public interest a Shari'ah public interest? If he is convinced that it is a Shari'ah public interest, he acts in accordance with it. However, in appearance, the conviction may not arise from custom or from an assessment, even though the evidence is established that it is... But if the question is that... and the conviction is based on religious scholarly research, then there is no way to reject it, and one cannot say to him, "What is...?" that he should accept it, because there is no public interest... or this is not among the unlegislated public interests.
The questioner : That is, an example is necessary to clarify this matter.
The Shaykh : Yes, and the example is before you: the loudspeaker. This is an unlegislated public interest.
The questioner : Yes
The Shaykh : Ah, how is that?
The questioner : It is an unlegislated public interest limited to certain things.
The Shaykh : No, I am speaking about what we discussed just now.
The questioner : Yes, right now, no, this is an unlegislated harm.
The Shaykh : Harm? All right, give the example.