Who has the right to prefer one opinion over another in legal issues?

Another questioner : Is it obligatory for a student of knowledge who has reached the rank of following to consult scholars in every issue that arises for him, in matters that the scholars, both living and deceased, have investigated, given that he is able to research and establish the truth in many of these matters by utilizing the books of scholars that are at his disposal? This is because, as al-Shatibi mentioned regarding the preference of scholars' opinions, there are many methods of preference. We request clarification of this issue, because some of the students among us compel us to refer every issue that we have preferred, and whose evidence we know, to a living scholar, in order to fulfill the saying of Allah the Exalted: , and on the grounds that you may have misunderstood that deceased scholar, so you need someone to clarify that understanding for you. We ask for clarification and an expanded answer to this question, because we know that this statement is a clear call to taqlid (following a scholar without knowing his evidence), which you have previously called for, for a long time—may Allah prolong your lives—to be rejected and abandoned until the state of Islam is established. It is also established and documented that consulting scholars is required when one lacks knowledge or is ignorant of the ruling of an issue. The Prophet (peace and blessings be upon him) established this with the authentic hadith narrated by Jabir ibn 'Abd Allah al-Ansari (may Allah be pleased with him) regarding the story of the man who was struck by a stone and his head was gashed. May Allah reward you with good.

The Shaykh : In reality, this issue involves precision. The theoretical answer is clear, but judging whether people have reached the level where they can dispense with referring to scholars, or have not reached it, is a difficult matter except through association and direct speech, research, and discussion with these students of knowledge. It is not hidden from all those present, if Allah wills, that the one who wants to prefer one opinion over another among the differing opinions of scholars in a single issue must, without doubt, be proficient in two fundamental sciences, after being an Arab, either by origin or by being an Arabized person who knows the Arabic language as its native speakers know it. After this knowledge of the Arabic language in one of the two ways mentioned, he must be knowledgeable about the methods of authenticating and weakening hadiths. Then, he must be knowledgeable about the principles of hadith jurisprudence, through which he is able to reconcile different texts that appear to contradict each other. For example, a student of knowledge may encounter a research on an issue where each of the differing parties has a hadith, and the apparent meaning of these hadiths is contradiction. Here, above all else, he must study these pieces of evidence regarding their authenticity: are they established or not? If he conducts this research and it becomes clear to him that some are authentic and some are not, he performs the process of filtering. In performing this process, he may not need to perform another process, which he can only carry out if he himself is proficient in the other science, which is the science of the principles of hadith. On this occasion, it is good to mention, because occasions may be missed.