The Shaykh's remarks on how many official scholars issue fatwas to support a whim or an interest.
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The questioner : The example is that... the Shaykh of al-Azhar, and even when he was the Minister of AwqafThe Shaykh : al-Sha'rawi, evenThe Shaykh : al-Sha'rawi supported him on the matter...
The Shaykh : My lord, the problem in the present age is that we live with these scholars whom we call... I do not think this is considered forbidden backbiting, of course. You have heard the saying of the poet, which we mentioned in a recent session:
"Criticizing is not backbiting in six cases... the aggrieved, the one who knows, and the one who warns
and the one who openly commits open sinfulness, and the one who seeks a ruling, and the one... who seeks assistance in removing a wrong."
So my following words may find a place in one of these six types. We say that many official scholars, in reality, sign blank checks and do not exercise independent legal reasoning, because if they did exercise independent legal reasoning, they could not contradict the text. Our Lord says, as you know:[Al-Anfal 8:61] And these muftis know that those who signed the permission to make a truce with them did not incline toward safety and peace, but rather they are still occupying the lands with armed rebellion, oppression, and aggression. These were the ones whom Imam al-Ghazali (may Allah have mercy on him) called the scholars of formalities, the scholars of formalities. Formalities, yes, today they say official scholars, meaning. We have seen some of this in past eras that passed us in Syria. Every time a ruler came who contradicted the first ruler, fatwas were issued to support him. This is undoubtedly not issued from research, independent legal reasoning, and seeking the truth. Therefore, when the Messenger of Allah (peace and blessings be upon him) mentioned independent legal reasoning, what did he say? He said: And the meaning of "he exerted his effort" is: he devoted his effort to knowing the truth. These people say to us, "We want the issue to be such that the people do not rise up against us like this and that." Then the reality of the problems existing among some of the later scholars is what is called ta'lif (compilation), it is called ta'lif. Ta'lif, we can express it with another phrase: signing, meaning he takes from every school of jurisprudence whatever pleases him. So I had read in some Islamic magazines that one of the Khedives in Egypt asked one of the scholars and the great sheikhs of al-Azhar to draft a law that takes from Western laws, and he said to him, "Do not worry, I am responsible for finding you a basis for every law we put in place from our Islamic books." And the meaning of this statement is that he takes from every school of jurisprudence what suits the law. I give you an example. If he adopts the permissibility of what is called today, unjustly, alcoholic beverages, permitting them except for the khamr (intoxicants) derived only from grapes, which is forbidden, and there is nothing else among the intoxicants, so it is lawful except what intoxicates in large quantity, which is forbidden. So this school of jurisprudence permits the Muslim to drink whatever he wants of the intoxicants derived from other than grapes, as long as he does not reach the level of intoxication, because that is what is forbidden. You drink a glass, two glasses, and you do not change, so this is pure lawful for you. But if you drink a lot, this is forbidden. This is a school of jurisprudence that exists in Islam. So he can put in place a law that is lenient with the people afflicted with drinking, and say: "This is one of the opinions of the scholars of the Muslims." Peace be upon you, welcome, they say we have a dear guest without standing, welcome.
The questioner : May Allah keep you in good.
The Shaykh : May Allah reward you with good.
This scholar says to that Khedive, "Put in whatever laws you want, and I am responsible for supporting them for you from the books of the Muslims." So it is possible that one of these people, when he issues a fatwa supporting the opinion of the tyrannical, oppressive, unjust ruler, may rely on one of the opinions that were said, but if it is presented to the Book and the Sunnah, it will be zero on the left, as they say. There is no value to this statement because not every statement has a share of consideration. Rather, as we heard just now in the poetry of Ibn al-Qayyim al-Jawziyyah:
"Knowledge is: Allah said, His Messenger said... the Companions said, it is not deception
Knowledge did not appoint you for foolish disagreement... between the Messenger and the opinion of a jurist."
Welcome.
The questioner : This is my brother, my lord.The Shaykh : This is my brother.
The Shaykh : Welcome, what Allah willed, offspring some of them from others. Do you have something regarding scholarly consensus? Fine, please go ahead.
The Shaykh : My lord, the problem in the present age is that we live with these scholars whom we call... I do not think this is considered forbidden backbiting, of course. You have heard the saying of the poet, which we mentioned in a recent session:
"Criticizing is not backbiting in six cases... the aggrieved, the one who knows, and the one who warns
and the one who openly commits open sinfulness, and the one who seeks a ruling, and the one... who seeks assistance in removing a wrong."
So my following words may find a place in one of these six types. We say that many official scholars, in reality, sign blank checks and do not exercise independent legal reasoning, because if they did exercise independent legal reasoning, they could not contradict the text. Our Lord says, as you know:
And if they incline to peace, then incline to it [also] and rely upon Allah
وإن جنحوا للسلم فاجنح لها وتوكل على اللهIf the ruler exerts his effort
إذا اجتهد الحاكمThe questioner : May Allah keep you in good.
The Shaykh : May Allah reward you with good.
This scholar says to that Khedive, "Put in whatever laws you want, and I am responsible for supporting them for you from the books of the Muslims." So it is possible that one of these people, when he issues a fatwa supporting the opinion of the tyrannical, oppressive, unjust ruler, may rely on one of the opinions that were said, but if it is presented to the Book and the Sunnah, it will be zero on the left, as they say. There is no value to this statement because not every statement has a share of consideration. Rather, as we heard just now in the poetry of Ibn al-Qayyim al-Jawziyyah:
"Knowledge is: Allah said, His Messenger said... the Companions said, it is not deception
Knowledge did not appoint you for foolish disagreement... between the Messenger and the opinion of a jurist."
Welcome.
The questioner : This is my brother, my lord.The Shaykh : This is my brother.
The Shaykh : Welcome, what Allah willed, offspring some of them from others. Do you have something regarding scholarly consensus? Fine, please go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
