Continuation of the discussion on the difference between unlegislated public interest and religious innovation

The Shaykh : Even so, to this day, and praise be to Allah, no scholar among the Muslims sees the legitimacy of the adhan for these prayers. What is the reason? The reason is what I mentioned earlier: the cause for legislating this means, which is the adhan, was present in the time of the Prophet (peace and blessings be upon him), and yet he did not legislate it for the Muslims. Therefore, our legislating it now is an innovation in the religion. This is the first category of unlegislated public interest: it is not permissible to adopt this public interest as long as the cause for adopting what realizes it was present in the time of the Prophet (peace and blessings be upon him). However, if the cause was not present in his time (peace and blessings be upon him), one might think that adopting it has become prescribed. But the matter is not so absolute; rather, it is subject to the following details: If the reason, or this means, which if adopted in a certain time and realized a public interest for the Ummah, is driven by the Muslims’ shortcoming in carrying out the Shari’ah of Allah, even in some of its aspects, then adopting this means is also, like the first means, a misguided innovation. Thus, only the second and third categories remain, which is that the driving force for adopting this means is not the Muslims’ shortcoming. In that case,

The questioner : Praise be to Allah.

The Shaykh : May Allah have mercy on you. It is prescribed to adopt this means as long as it realizes a legitimate public interest.

Another questioner : Peace be upon you.

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings. Welcome.