Is the one who denies the binding nature of scholarly consensus (ijma') and analogical reasoning (qiyas) in contradiction with the principles of the people of the Sunnah and the community in this matter?
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The questioner : Is the one who denies the binding nature of scholarly consensus (ijma') and analogical reasoning (qiyas) in contradiction with the principles of the people of the Sunnah and the community in this matter?
The Shaykh : As you know, scholarly consensus (ijma') has many definitions. What we believe and by which we profess our faith in Allah (Blessed and Exalted is He) is that the consensus from which its denier is not excused, and whose rejecter may even be declared a disbeliever, is only that which is known from the religion by necessity, as Ibn Hazm (may Allah have mercy on him) said. As for the consensus of a group of scholars or the majority of scholars while there are dissenters among them, that is not consensus. However, we say that such a consensus, for which no dissent is known, should be adhered to and followed, except with a strong, established proof that compels the dissenter to oppose the majority. If such a proof does not exist, he must follow them. This is among the meanings of the saying of Allah (Blessed and Exalted is He)[An-Nisa 4:115]. The path of the believers is the well-known path that is traveled and frequented by the majority of Muslims. If the issue is a known matter of scholarly disagreement, then the saying of Allah (Blessed and Exalted is He) [An-Nisa 4:59] applies.
The questioner : Regarding qiyas, the question is: Is the one who denies the binding nature of ijma' and qiyas considered to be in contradiction with the principles of the people of the Sunnah?
The Shaykh : Why are you mixing ijma' with qiyas now? We have finished answering regarding ijma'. Now the question is about qiyas?
The questioner : It is the same question: ijma' and qiyas.
The Shaykh : In my opinion, people are divided into three schools of thought regarding qiyas. Two schools are at opposite extremes: those who denied qiyas, such as the Zahiris, and those who expanded the application of qiyas to the extent that they sometimes prioritize it over the explicit text. The best is the middle path between these two. The best phrase I have found from the Salaf and the Imams is the saying of Imam al-Shafi'i (may Allah have mercy on him): "Qiyas is a necessity." A Muslim should not resort to using qiyas except out of necessity. This leads us to the brother's question just now: Is it permissible for a Muslim to issue a ruling based on opinion? It is necessary to use opinion in some rulings where a scholar finds no explicit text to rely on and depend upon. Hence, Imam al-Shafi'i's saying that qiyas is a necessity. The rulings where it is necessary to resort to qiyas are numerous. As some scholars rightly said, if we deny qiyas, we lose many types of Islamic jurisprudence (fiqh). However, Ibn Hazm (may Allah have mercy on him) refutes this argument by saying that general texts are sufficient and enough to dispense with the use of qiyas. Therefore, some of his critics mention, and I think I passed by some examples of this, that Ibn Hazm himself sometimes falls into the very qiyas he denied. This is a verification of Imam al-Shafi'i's saying that qiyas is a necessity. Yes.
The questioner : By the way, Shaykh, there is a treatise by al-San'ani titled *Al-Iqtibas li-Ma'rifat al-Haqq min Anwa' al-Qiyas* (Quotation for Knowing the Truth from Types of Qiyas). This treatise was a manuscript and has been edited, and it is currently in print, if Allah wills.
The Shaykh : What Allah willed.
The questioner : It will be released soon, if Allah wills.
The Shaykh: May Allah will it.
The questioner : He said exactly what I said: that people in this matter are between excess and deficiency, and there is a middle path. He detailed the distinction that I mentioned.
The Shaykh : What Allah willed. May Allah reward him with good.
The Shaykh : As you know, scholarly consensus (ijma') has many definitions. What we believe and by which we profess our faith in Allah (Blessed and Exalted is He) is that the consensus from which its denier is not excused, and whose rejecter may even be declared a disbeliever, is only that which is known from the religion by necessity, as Ibn Hazm (may Allah have mercy on him) said. As for the consensus of a group of scholars or the majority of scholars while there are dissenters among them, that is not consensus. However, we say that such a consensus, for which no dissent is known, should be adhered to and followed, except with a strong, established proof that compels the dissenter to oppose the majority. If such a proof does not exist, he must follow them. This is among the meanings of the saying of Allah (Blessed and Exalted is He)
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.
ومن يشاقق الرسول من بعد ما تبين له الهدى ويتبع غير سبيل المؤمنين نوله ما تولى ونصله جهنم وساءت مصيراAnd if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day
فإن تنازعتم في شيء فردوه إلى الله والرسول إن كنتم تؤمنون بالله واليوم الآخرThe questioner : Regarding qiyas, the question is: Is the one who denies the binding nature of ijma' and qiyas considered to be in contradiction with the principles of the people of the Sunnah?
The Shaykh : Why are you mixing ijma' with qiyas now? We have finished answering regarding ijma'. Now the question is about qiyas?
The questioner : It is the same question: ijma' and qiyas.
The Shaykh : In my opinion, people are divided into three schools of thought regarding qiyas. Two schools are at opposite extremes: those who denied qiyas, such as the Zahiris, and those who expanded the application of qiyas to the extent that they sometimes prioritize it over the explicit text. The best is the middle path between these two. The best phrase I have found from the Salaf and the Imams is the saying of Imam al-Shafi'i (may Allah have mercy on him): "Qiyas is a necessity." A Muslim should not resort to using qiyas except out of necessity. This leads us to the brother's question just now: Is it permissible for a Muslim to issue a ruling based on opinion? It is necessary to use opinion in some rulings where a scholar finds no explicit text to rely on and depend upon. Hence, Imam al-Shafi'i's saying that qiyas is a necessity. The rulings where it is necessary to resort to qiyas are numerous. As some scholars rightly said, if we deny qiyas, we lose many types of Islamic jurisprudence (fiqh). However, Ibn Hazm (may Allah have mercy on him) refutes this argument by saying that general texts are sufficient and enough to dispense with the use of qiyas. Therefore, some of his critics mention, and I think I passed by some examples of this, that Ibn Hazm himself sometimes falls into the very qiyas he denied. This is a verification of Imam al-Shafi'i's saying that qiyas is a necessity. Yes.
The questioner : By the way, Shaykh, there is a treatise by al-San'ani titled *Al-Iqtibas li-Ma'rifat al-Haqq min Anwa' al-Qiyas* (Quotation for Knowing the Truth from Types of Qiyas). This treatise was a manuscript and has been edited, and it is currently in print, if Allah wills.
The Shaykh : What Allah willed.
The questioner : It will be released soon, if Allah wills.
The Shaykh: May Allah will it.
The questioner : He said exactly what I said: that people in this matter are between excess and deficiency, and there is a middle path. He detailed the distinction that I mentioned.
The Shaykh : What Allah willed. May Allah reward him with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.