What is the criterion for the scholar who is qualified to issue rulings on new cases?
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The questioner : May Allah preserve you, O Shaykh. What is the criterion for a scholar who is qualified to exercise independent legal reasoning in new cases?
The Shaykh : First: May Allah reward you. Independent legal reasoning is of two types: specific independent legal reasoning in a particular issue, and general independent legal reasoning. As for specific independent legal reasoning, any student of knowledge can research an issue and delve into it, and at that point the correct view may become apparent to him in one of the opinions. Nevertheless, we do not advise a beginner student of knowledge, even if he exercises independent legal reasoning in an issue, clarifies it, researches it, and sees the opinions of the scholars, to rush into issuing rulings. This is a great danger, for it is leading the Muslim community in a matter of independent legal reasoning, which may be correct or may be wrong. Therefore, we find that some of our brothers who have some of the fundamentals of knowledge, when they exercise independent legal reasoning and issue rulings, they themselves regret it, because after their age advances and they come to know the knowledge fully, they find that they were wrong in this. Thus, one of the most dangerous things for a student of knowledge is rushing into issuing a ruling. As long as the matter, praise be to Allah, is broad, and there are those older than you in age and greater in knowledge, more and more abundant than you, the matter is entrusted to them. As for you, wait for the matter, if Allah wills, it will come to you. As for absolute general independent legal reasoning, this requires extensive knowledge. The scholars mentioned in the chapter on the principles of jurisprudence that it has ten conditions, some of which are agreed upon and some are not. However, no one can possess absolute general independent legal reasoning unless he is deeply versed in the sciences: the science of Arabic, the science of Qur'anic exegesis, the science of hadith, the science of hadith terminology, and the science of the principles of jurisprudence, meaning in everything he needs. Yes.
The questioner : What is meant by specific independent legal reasoning?
The Shaykh : For example, suppose you want to research whether the grandfather has the ruling of the father in excluding the brothers or not? This is a point of disagreement among the scholars, a well-known disagreement. A person, for example, goes to exercise independent legal reasoning in this, reading the books of the scholars and their discussions, and the evidence for these and those. So after the research and discussion, it succeeds for him that the correct view is that the grandfather has the ruling of the father and excludes the brothers. Yes, he is allowed to do this. But as I told you before, if he is young, meaning he has just begun seeking knowledge, he should not proceed to issue a ruling if it becomes apparent to him, for example, that the correct view is such and such. Rather, he should ask the other scholar who is older than him before that and consult him. Yes.
The Shaykh : First: May Allah reward you. Independent legal reasoning is of two types: specific independent legal reasoning in a particular issue, and general independent legal reasoning. As for specific independent legal reasoning, any student of knowledge can research an issue and delve into it, and at that point the correct view may become apparent to him in one of the opinions. Nevertheless, we do not advise a beginner student of knowledge, even if he exercises independent legal reasoning in an issue, clarifies it, researches it, and sees the opinions of the scholars, to rush into issuing rulings. This is a great danger, for it is leading the Muslim community in a matter of independent legal reasoning, which may be correct or may be wrong. Therefore, we find that some of our brothers who have some of the fundamentals of knowledge, when they exercise independent legal reasoning and issue rulings, they themselves regret it, because after their age advances and they come to know the knowledge fully, they find that they were wrong in this. Thus, one of the most dangerous things for a student of knowledge is rushing into issuing a ruling. As long as the matter, praise be to Allah, is broad, and there are those older than you in age and greater in knowledge, more and more abundant than you, the matter is entrusted to them. As for you, wait for the matter, if Allah wills, it will come to you. As for absolute general independent legal reasoning, this requires extensive knowledge. The scholars mentioned in the chapter on the principles of jurisprudence that it has ten conditions, some of which are agreed upon and some are not. However, no one can possess absolute general independent legal reasoning unless he is deeply versed in the sciences: the science of Arabic, the science of Qur'anic exegesis, the science of hadith, the science of hadith terminology, and the science of the principles of jurisprudence, meaning in everything he needs. Yes.
The questioner : What is meant by specific independent legal reasoning?
The Shaykh : For example, suppose you want to research whether the grandfather has the ruling of the father in excluding the brothers or not? This is a point of disagreement among the scholars, a well-known disagreement. A person, for example, goes to exercise independent legal reasoning in this, reading the books of the scholars and their discussions, and the evidence for these and those. So after the research and discussion, it succeeds for him that the correct view is that the grandfather has the ruling of the father and excludes the brothers. Yes, he is allowed to do this. But as I told you before, if he is young, meaning he has just begun seeking knowledge, he should not proceed to issue a ruling if it becomes apparent to him, for example, that the correct view is such and such. Rather, he should ask the other scholar who is older than him before that and consult him. Yes.