Does the student of knowledge have to adhere to a specific school of jurisprudence at the beginning of his studies, or does he start with independent legal reasoning?
Machine translationRead the Arabic original
The questioner : If a person is at the beginning of seeking knowledge, meaning seeking religious knowledge, does he hold fast to a specific school of jurisprudence to study it, and then engage in independent legal reasoning afterwards? Or does he start with independent legal reasoning?
The Shaykh : No, he does not start with independent legal reasoning. And independent legal reasoning is not as easy as some people imagine it to be today. In our present age, unfortunately, following a scholar without knowing his evidence prevails among the Muslim communities. The student of knowledge cannot make a single leap to the middle rank, which lies between following a scholar without knowing his evidence and independent legal reasoning.
He cannot make a single leap to the middle rank, which is following the evidence, and which is better than following a scholar without knowing his evidence and lower than independent legal reasoning. He cannot, because the environment in which he lives is one of following a scholar without knowing his evidence. Every group follows one of the four schools of jurisprudence.
So if the Muslim is in such an environment, he has to study Islamic jurisprudence from the sources available to him and the scholars who teach from those books. These are scholars of following a scholar without knowing his evidence. But he must also study the scientific tools that help him understand the Qur'an and the Sunnah, in addition to understanding the statements of the scholars, whether they are from the early or the later generations. Because studying these tools, such as the science of grammar and morphology, in addition to the principles of jurisprudence and the principles of hadith, enables him to gradually ascend the ladder to the middle rank, which is following the evidence. Then, after that, to engage in independent legal reasoning in preferring some statements over others in some issues, until he becomes a scholar firmly established in issuing scholarly legal rulings on the issues or modern problems that may arise for people.
It is supposed that the Muslim community should be as the first community was in the time of the Messenger of Allah (peace and blessings be upon him) and the generation after the Companions and those who followed them. But this requires many efforts, and very many efforts. Until the Muslim community returns to its original state, in which the general Muslims did not follow a specific school of jurisprudence, as is their case in this time. Rather, they would ask the scholar, the jurist, the true scholar by the Qur'an and the Sunnah, and he would issue a scholarly legal ruling for him. And the scholarly legal ruling of this scholar would become the school of jurisprudence for this questioner.
This was how things were in the first era. And likewise, things should return to this state in every time and in every place. But this requires tremendous efforts, and very tremendous efforts. Therefore, the student of knowledge today is compelled to study the school-based jurisprudence. But it is not permissible for him to make it a religion, to worship Allah with it, even if he later learns, whether in the near or distant future, that some of the issues in it contradict the Qur'an and the Sunnah.
So in this case, it is not permissible for him to remain one who follows a scholar without knowing his evidence regarding his school of jurisprudence, as long as it has become clear to him that the correct view, even in some issues, is in a school of jurisprudence other than his own.
This is the path: starting in the seeking of knowledge. As for that leap we see from some enthusiastic youth, where they claim independent legal reasoning while they have not yet reached the rank of following the evidence, which is the rank of attempting to prefer one statement over another.
Therefore, the best of matters is the middle, and the love of extremes is wrong. It is not permissible for the Muslim to submit to following a scholar without knowing his evidence, even if he becomes one of the great scholars. And it is not permissible for the beginner in the seeking of knowledge to leap to the rank of following the evidence while he is unable to prefer one statement over another, let alone be able to engage in independent legal reasoning and give opinions on issues that have not been addressed before. Please.
The Shaykh : No, he does not start with independent legal reasoning. And independent legal reasoning is not as easy as some people imagine it to be today. In our present age, unfortunately, following a scholar without knowing his evidence prevails among the Muslim communities. The student of knowledge cannot make a single leap to the middle rank, which lies between following a scholar without knowing his evidence and independent legal reasoning.
He cannot make a single leap to the middle rank, which is following the evidence, and which is better than following a scholar without knowing his evidence and lower than independent legal reasoning. He cannot, because the environment in which he lives is one of following a scholar without knowing his evidence. Every group follows one of the four schools of jurisprudence.
So if the Muslim is in such an environment, he has to study Islamic jurisprudence from the sources available to him and the scholars who teach from those books. These are scholars of following a scholar without knowing his evidence. But he must also study the scientific tools that help him understand the Qur'an and the Sunnah, in addition to understanding the statements of the scholars, whether they are from the early or the later generations. Because studying these tools, such as the science of grammar and morphology, in addition to the principles of jurisprudence and the principles of hadith, enables him to gradually ascend the ladder to the middle rank, which is following the evidence. Then, after that, to engage in independent legal reasoning in preferring some statements over others in some issues, until he becomes a scholar firmly established in issuing scholarly legal rulings on the issues or modern problems that may arise for people.
It is supposed that the Muslim community should be as the first community was in the time of the Messenger of Allah (peace and blessings be upon him) and the generation after the Companions and those who followed them. But this requires many efforts, and very many efforts. Until the Muslim community returns to its original state, in which the general Muslims did not follow a specific school of jurisprudence, as is their case in this time. Rather, they would ask the scholar, the jurist, the true scholar by the Qur'an and the Sunnah, and he would issue a scholarly legal ruling for him. And the scholarly legal ruling of this scholar would become the school of jurisprudence for this questioner.
This was how things were in the first era. And likewise, things should return to this state in every time and in every place. But this requires tremendous efforts, and very tremendous efforts. Therefore, the student of knowledge today is compelled to study the school-based jurisprudence. But it is not permissible for him to make it a religion, to worship Allah with it, even if he later learns, whether in the near or distant future, that some of the issues in it contradict the Qur'an and the Sunnah.
So in this case, it is not permissible for him to remain one who follows a scholar without knowing his evidence regarding his school of jurisprudence, as long as it has become clear to him that the correct view, even in some issues, is in a school of jurisprudence other than his own.
This is the path: starting in the seeking of knowledge. As for that leap we see from some enthusiastic youth, where they claim independent legal reasoning while they have not yet reached the rank of following the evidence, which is the rank of attempting to prefer one statement over another.
Therefore, the best of matters is the middle, and the love of extremes is wrong. It is not permissible for the Muslim to submit to following a scholar without knowing his evidence, even if he becomes one of the great scholars. And it is not permissible for the beginner in the seeking of knowledge to leap to the rank of following the evidence while he is unable to prefer one statement over another, let alone be able to engage in independent legal reasoning and give opinions on issues that have not been addressed before. Please.
