The scholar who is qualified to exercise independent legal reasoning in contemporary issues
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Your Eminence! What is the criterion for the scholar who is qualified to exercise independent legal reasoning in contemporary issues?
First, may Allah bless you. Independent legal reasoning is of two types: Specific independent legal reasoning in a particular issue.
And general independent legal reasoning.
As for specific independent legal reasoning, any student of knowledge can research the issue and delve into it, and at that point, the correct view may become apparent to him in one of the opinions.
Nevertheless, we do not advise the beginner student of knowledge, even if he exercises independent legal reasoning in an issue, scrutinizes it, researches it, and sees the scholars' opinions in it, we do not advise him to rush into issuing fatwas; because you fear a great danger, for it is leading the Muslim community in a matter that is subject to independent legal reasoning, and it may be correct or it may be wrong. For this reason, we find that some of our brothers who have some of the fundamentals of knowledge, when they exercise independent legal reasoning and issue fatwas, they regret it; because after their age advances and they know the knowledge completely, they find that they were wrong in this.
Therefore, one of the most dangerous things for a student of knowledge is rushing into issuing a fatwa. As long as the matter, praise be to Allah, is broad, and there are those who are older than you in age and greater in knowledge, and more abundant and more extensive than you, the matter is entrusted to them. As for you, wait; the matter will come to you.
As for absolute general independent legal reasoning, this requires extensive knowledge. The scholars mentioned in the chapter of the principles of jurisprudence that it has ten conditions, some of which are agreed upon and some are not; but no person can have absolute general independent legal reasoning unless he is deeply versed in the sciences: in the science of Arabic, the science of Qur'anic exegesis, the science of hadith, the science of terminology, the science of the principles of jurisprudence,Meaning: in everything he needs. What is meant by the specific independent legal reasoning we mentioned earlier? Suppose, for example, you want to research whether the grandfather has the ruling of the father in excluding the brothers or not? This is a point of disagreement among the scholars, a well-known disagreement. A person, for example, exercises independent legal reasoning in this, so he starts reading the books of the scholars and their discussions and the evidence for these and those, and after the research and discussion, it becomes apparent to him that the correct view is that the grandfather has the ruling of the father in excluding the brothers. He is allowed to do this; but—as I told you before—if he is young, meaning he has just started seeking knowledge, he should not proceed to issue a fatwa. If it becomes apparent to him, for example, that the correct view is in such-and-such, let him ask the other scholar who is greater than him in status and consult him.
First, may Allah bless you. Independent legal reasoning is of two types: Specific independent legal reasoning in a particular issue.
And general independent legal reasoning.
As for specific independent legal reasoning, any student of knowledge can research the issue and delve into it, and at that point, the correct view may become apparent to him in one of the opinions.
Nevertheless, we do not advise the beginner student of knowledge, even if he exercises independent legal reasoning in an issue, scrutinizes it, researches it, and sees the scholars' opinions in it, we do not advise him to rush into issuing fatwas; because you fear a great danger, for it is leading the Muslim community in a matter that is subject to independent legal reasoning, and it may be correct or it may be wrong. For this reason, we find that some of our brothers who have some of the fundamentals of knowledge, when they exercise independent legal reasoning and issue fatwas, they regret it; because after their age advances and they know the knowledge completely, they find that they were wrong in this.
Therefore, one of the most dangerous things for a student of knowledge is rushing into issuing a fatwa. As long as the matter, praise be to Allah, is broad, and there are those who are older than you in age and greater in knowledge, and more abundant and more extensive than you, the matter is entrusted to them. As for you, wait; the matter will come to you.
As for absolute general independent legal reasoning, this requires extensive knowledge. The scholars mentioned in the chapter of the principles of jurisprudence that it has ten conditions, some of which are agreed upon and some are not; but no person can have absolute general independent legal reasoning unless he is deeply versed in the sciences: in the science of Arabic, the science of Qur'anic exegesis, the science of hadith, the science of terminology, the science of the principles of jurisprudence,Meaning: in everything he needs. What is meant by the specific independent legal reasoning we mentioned earlier? Suppose, for example, you want to research whether the grandfather has the ruling of the father in excluding the brothers or not? This is a point of disagreement among the scholars, a well-known disagreement. A person, for example, exercises independent legal reasoning in this, so he starts reading the books of the scholars and their discussions and the evidence for these and those, and after the research and discussion, it becomes apparent to him that the correct view is that the grandfather has the ruling of the father in excluding the brothers. He is allowed to do this; but—as I told you before—if he is young, meaning he has just started seeking knowledge, he should not proceed to issue a fatwa. If it becomes apparent to him, for example, that the correct view is in such-and-such, let him ask the other scholar who is greater than him in status and consult him.