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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Discussion of the consensus of the Muslims, and that it is a source of legislation.

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The Shaykh : ... from the sources of legislation, and the faith and jurisprudence of the Muslim do not stand unless they rely on this following source, which is the consensus of the Muslims. These people came to such verses and took from them the least meaning, while turning away from the complete meaning that the Messenger (peace and blessings be upon him) clarified through his verbal and practical Sunnah. This Sunnah was transmitted by the later generations from the earliest generations, with their consensus on it. The result of that was this prayer that all Muslims know, despite their differences in some forms or some details. However, they all, without exception, agreed that the prayer has pillars without which the prayer is not valid. These people came and contradicted the consensus of the Muslims in their interpretation of some of the noble verses, such as, for example:
Establish prayer أَقِيمُوا الصَّلَاةَ
, and such as:
Give zakah آتُوا الزَّكَاةَ
. I do not wish to lengthen this; this example is sufficient for you, as it is what the Muslim does five times a day in prayer. They are praying a prayer other than the prayer of the Muslims. Why? First, because they disbelieved in the Sunnah of the Messenger (peace and blessings be upon him), which is the second source of Islamic legislation. Second, because they denied the consensus of the Muslims. By doing so, they also deny a text from the texts of the Noble Qur'an, although they claim that they alone, without all other Muslims, in all these long centuries, are the only Quranists; that is, they are the ones who know the Qur'an. In reality, they adopted the title "Quranists" to mislead the masses of Muslims. Otherwise, we read in the Noble Qur'an, such as His saying (Mighty and Majestic):
And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination. وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًا
[An-Nisa 4:115]
.
This verse mentioned two sources that the group claiming to be Quranists disbelieved in. The first source is returning to the Messenger (peace be upon him). Allah mentioned in the text of this verse a threat, saying:
And whoever opposes the Messenger وَمَنْ يُشَاقِقِ الرَّسُولَ
[An-Nisa 4:115]
, and whoever contradicts him. Thus, this confirms the previous meaning from the verse:
He who obeys the Messenger has obeyed Allah مَنْ يُطِعِ الرَّسُولَ فَقَدْ أَطَاعَ اللَّهَ
[An-Nisa 4:80]
. This verse confirms that whoever opposes the Messenger has opposed Allah. Thus, this verse included confirmation of the second source that these so-called Quranists denied. Then, at the end of the verse, it established the third source that they also denied, along with the second source. This is in His saying (Blessed and Exalted is He):
and follows other than the way of the believers وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ
[An-Nisa 4:115]
,
And whoever opposes the Messenger وَمَنْ يُشَاقِقِ الرَّسُولَ
[An-Nisa 4:115]
. This is the second source after the Qur'an: following the Messenger and not contradicting him, as he said (may Allah's prayers and peace be upon him) in "Sahih al-Bukhari":
All of you will enter Paradise except those who refuse. They said: Who will refuse, O Messenger of Allah? He said: Whoever obeys me will enter Paradise, and whoever disobeys me has refused. كلُّكم يدخل الجنة إلا مَن أبى قالوا : ومَن يأبى يا رسول الله ؟ قال : مَن أطاعني دخل الجنة ، ومَن عصاني فقد أبى
Al-Mustadrak lil-Hakim 1:168
.
Thus, you find the authentic Sunnah meeting with the Noble Qur'an, but with the correct understanding of the Noble Qur'an. Otherwise, the habit of all misguided sects, from the day of the Khawarij who rebelled against the Rightly Guided Caliph 'Ali ibn Abi Talib to the last sect, and perhaps other sects will come after them. We are now speaking of what we know, up to the last sect, which is the sect of the Quranists. They do not recognize in their claimed Islam anything but the Qur'an. And this, as I explained to you, means denying the Qur'an itself as well. Because the Qur'an came stating that the Sunnah of the Messenger (peace be upon him) and his words are among the sources of legislation, as I explained to you earlier. Also, we are now in the process of clarifying that the Qur'an also established a third source and reference after the Sunnah and the Prophetic Hadith, which is the consensus of the Muslims.
In this verse where Allah (Mighty and Majestic) said:
And whoever opposes the Messenger after guidance has become clear to him وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى
[An-Nisa 4:115]
, this is the second source after the Qur'an. Then He said:
and follows other than the way of the believers وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ
[An-Nisa 4:115]
, and this is the third source, which is consensus. Otherwise, there would be no significant benefit if the intention of this verse from beginning to end were only to follow the Messenger and not contradict him. There would be no significant benefit at all if the verse were interpreted to mean that the only requirement is to follow the Messenger and not contradict him. That is, it appears that there is a great difference between the reality of this verse, where two sources are mentioned as we explained, and if the verse were as follows: "And whoever opposes the Messenger after the clear proof has come to him, We will turn him to what he has turned to and We will cast him into Hell, and evil is the destination." That is, by omitting His saying (Blessed and Exalted is He):
and follows other than the way of the believers وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ
[An-Nisa 4:115]
. If the meaning of this verse were only to follow the Messenger (may Allah's prayers and peace be upon him) and not contradict him, our Lord (Mighty and Majestic) would not have mentioned in that sentence that phrase:
and follows other than the way of the believers وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ
[An-Nisa 4:115]
. Thus, our Lord (Mighty and Majestic) threatened two types of people in this verse, and at the same time established two other sources above the source of the Qur'an, which is the foundation. Two types of people whom our Lord (Mighty and Majestic) threatened: the first are those who oppose the Messenger and contradict him in what came in his Sunnah of explanation and clarification. The other type are those who contradict the path of the believers. This is also something I want to stand around for a little, as we stood with you around the Sunnah.
The reality is that Muslims cannot address their painful reality today except as we explained recently, by returning to the Book and the Sunnah. But there is a third thing, which is what I am researching now, which is returning to the consensus of the Muslims. Because Allah (Mighty and Majestic), as you heard in this verse, mentioned in addition to following the Messenger (peace be upon him) and not contradicting him, following the path of the believers. Thus, the path of the believers is another source other than the source of the Sunnah. Thus, we have so far three sources: the Qur'an, the Sunnah, and the path of the believers, which means the consensus of the Muslims. But this Quranic expression came, as you heard, with the word "path of the Muslims" or "believers,"
And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ
[An-Nisa 4:115]
, and did not come with the word "consensus of the Muslims."
And here is a very important point. This is because the scholars of usul al-fiqh, when they researched the authority of consensus, which is established by this Quranic text and by many hadiths, including the famous hadith, which is his saying (may Allah's prayers and peace be upon him):
My Ummah will not agree upon misguidance لا تجتمع أمتي على ضلالة
; when the scholars researched the authority of consensus, they differed greatly. Some of the extremists of the sects denied consensus and said: there is nothing there but the Qur'an and the Sunnah. This is because they opposed some of the people of the Sunnah who established consensus, and this is their duty, as we are now in the process of clarifying. But when they defined consensus, they came with a definition that cannot be realized. For that reason, the others opposed them and said: there is no consensus, because this cannot be realized. That is because they said, meaning some scholars of usul al-fiqh: consensus is the consensus of the Ummah of Muhammad (peace and blessings be upon him), such that not a single individual deviates from them. Thus, they generalized the consensus of the Ummah of Muhammad (peace and blessings be upon him), and this generalization included the scholars and those below them. They said, meaning the opponents and deniers of consensus: this cannot be imagined. Therefore, to imagine that not a single individual from among the Muslims contradicts what the masses of Muslims agreed upon, this cannot be imagined. Therefore, some of them corrected this consensus or this definition of consensus and said: the consensus that is an argument and a third source is the consensus of the scholars of the Muslims. And this is a severe restriction, as you see, on the text or the first definition. It was that the definition of consensus was the consensus of the Muslims as a whole, so they corrected this general definition to the more specific definition. They said: the consensus of the scholars of the Muslims. And this is a difference closer to reason and to being a reality and possible.
However, despite this, the problem remains; for the consensus of the Muslim scholars, who are scattered in various countries, is also a matter that is impossible to achieve. Who could have been able to do this in the early times when the means of travel and communication with people were primitive? There were only animals of burden, and there were no modern means known today. We will not prolong this, so we say: In the present age, with the ease of transportation means, from wireless and non-wireless telephones, and the various radio broadcasts, is it possible to know the opinion of every scholar in the world? This is impossible; especially if we recall the old Arabic proverb: "In the corners are hidden things." There may be scholars among the great scholars, but they are obscure in society, no one pays attention to them, and they are sitting in their homes. Some people contact them and benefit from their abundant knowledge, but this society has no knowledge of them, so they are not asked, and their opinion is not taken in the matter for which consensus is sought. Therefore, even the definition of consensus with this condition was not accepted by many of the thinking scholars of the principles of jurisprudence. Rather, they said: This is approximately like its predecessor, a name without a body, like the phoenix which does not exist. How can the consensus of the Muslim scholars be achieved? First, how can these people gather in one place on one ground? Then, if they gather, how can they not differ at all? Then, if this matter happens and they all agree, who will transmit it, broadcast it, and spread it in the world? This is a theoretical thing and cannot be practical. Therefore, consensus, even this modified consensus, was met with rejection and refutation by some scholars of the principles of jurisprudence. They said: There is no way to this. So we remain with the Qur'an and the Sunnah only, that is what they said.
But if we return to the verse, then the difficulty is removed and the eloquence of the Qur'an becomes clear, and how it deals with the problems that some scholars go around with the most concise phrase... restricting oneself only to the Noble Qur'an... truly, but the opposite of that is that the Muslim, no matter how shallow and little his legal culture is, knows that the Muslims, since Allah sent Muhammad (peace and blessings be upon him) to this day, their scholars and students of knowledge among them... always say... So we take from this verse two sources in addition to the source of the Qur'an, which is the original source... its contradiction... the third source is the way of the believers. This source, my brothers... the second source which this second source denies, like these Quranists... we mentioned it earlier... when... it orders us to follow... of the explanation for it... .
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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