Introduction to Comparative Jurisprudence.

The Shaykh : This old jurisprudence, if one means jurisprudence, is that which is derived from the Book and the Sunnah. But in the sense of today, it is the jurisprudence called comparative jurisprudence. And comparative jurisprudence, in reality, goes back to the first jurisprudence, because the meaning of comparative jurisprudence is to study the statements of the scholars in a single issue, and to study the evidence of each of them in what they chose as an opinion in the issue, and then to weigh these statements based on what came in the Qur'an and what came in its explanation by the Messenger (peace and blessings be upon him) through the Qur'an.
Yes, this and that. Shaykh al-Ghazali, all his writings indicate that he was not a scholar, neither of hadith nor of the jurisprudence derived from hadith. Therefore, he and those like him simplify the matter; they take this Noble Qur'an and interpret it with what they have of knowledge of the Arabic language. The scholars of knowledge are certain that the most knowledgeable people in the Arabic language would not be able to understand the Qur'an that was revealed to the heart of Muhammad (peace be upon him) except through the Messenger (peace and blessings be upon him). Therefore, his Companions, although they were pure Arabs, used to refer to the Prophet (peace and blessings be upon him) when a verse in the Noble Qur'an was difficult for them. I remember that there is a verse that says "There is no god but Allah" in which it is mentioned, "and they did not mix their faith with injustice." Who is present with the verse?
The student:

The Shaykh : The Companions themselves found the verse difficult to understand. They said, "O Messenger of Allah, which of us has not had faith mixed with injustice?" He (peace and blessings be upon him) said to them, ليس كذاك ألم تقرؤوا قول العبد الصالح حينما وصى ابنه فقال له يا بني لا تشرك بالله إن الشرك لظلم عظيم Is it not like that? Have you not read the saying of the righteous servant when he advised his son, saying to him: "O my son, do not associate partners with Allah, indeed shirk is a great injustice." The Messenger (peace be upon him) explained the first verse to them using this other verse, even though the verse exists in the Qur'an, but the Companions did not recall the explanation of the first verse by the other. So it was the Prophet (peace and blessings be upon him) who clarified to them that the intended meaning of "injustice" there is shirk (associating partners with Allah), not injustice in general. Therefore, in the Qur'an there are general texts that the Sunnah specified, and absolute texts that the Sunnah restricted. So whoever stops with the Qur'an alone, as al-Ghazali and his like among the moderns do, goes astray in a far-reaching way. And for this reason, the Prophet (peace and blessings be upon him and his family) affirmed this legal reality that whoever is content with the Qur'an alone departs from the guidance of the Qur'an itself. In some hadiths, he (peace and blessings be upon him) said, indicating that he is arrogant and haughty. And in another narration, This is the meaning of the saying of the Exalted, Thus, he (peace and blessings be upon him) affirmed this meaning with the other hadith, which is his saying (peace be upon him) in a portion of the Sermon of the Farewell Pilgrimage. He (peace and blessings be upon him) said, So it is certain, and it is the consensus of all Muslim scholars, that whoever is content with the Qur'an without the Sunnah goes astray in a far-reaching way and contradicts the Qur'an itself, because it is He who says, The scholars of tafsir (exegesis) agreed that referring to Allah (Blessed and Exalted is He) is referring to His Book, and referring to the Messenger is referring to his Sunnah. And since the matter is so, it is necessary first to know the Sunnah, and then it is necessary to distinguish what is authentic from what is not. So here we must pause for a moment.