The ruling on adopting a school of jurisprudence other than the four schools
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Question:
From Irbil in the Iraqi Republic, this is a letter sent by the listener (S. S. A) asking and saying: The four schools of jurisprudence: the Hanafi, the Maliki, the Shafi'i, and the Hanbali are the fruit of juristic reasoning in the religion. If that is the case, is it permissible for Muslim jurists to come up with another school of jurisprudence as a result of their juristic reasoning, or not, and why?
Answer:
Knowledge is not confined to the four schools of jurisprudence; rather, there are other schools, such as those of the Tabi'un, the followers of the Tabi'un, and the well-known scholars of knowledge other than the four. There is al-Awza'i, there is al-Thawri, there is Ishaq ibn Rahawayh, and there are great imams who have opinions and knowledge that scholars have transmitted from them.
Therefore, the believer, meaning the discerning student of knowledge, looks at the evidence when disagreement arises, and takes what agrees with the evidence from the statements of the four imams and others from the scholars, from the imams of the Companions, the Tabi'un, and their followers with excellence. This is not confined to the four imams alone; rather, the four imams are among the scholars of the Ummah and among the great scholars of the Ummah: Abu Hanifah, al-Shafi'i, Malik, and Ahmad. All of these are among the imams of Islam, and they have great virtue and abundant known knowledge, but knowledge is not confined to them. Rather, there are other scholars, as mentioned earlier, such as the well-known Ishaq ibn Rahawayh, al-Awza'i (may Allah have mercy on him), al-Thawri, Ibn Uyaynah, and other well-known, independent jurists who have a firm standing in the Ummah.
Likewise, before them were the Tabi'un, such as Sa'id ibn al-Musayyib, al-Sha'bi, Tawus, and other well-known leaders of Islam who met the Companions, and before them were those who are better and greater, namely the Companions (may Allah be pleased with them)and he is most pleased with them. They have statements and narrations that scholars have transmitted from them, which a student of knowledge uses to help him know the truth with its evidence.
Therefore, it is obligatory for the people of knowledge and insight to take care of this, and to evaluate the matters in which people have disagreed among the four Imams, those before them, or those after them, against the evidence of the Shari'ah from the Book and the Sunnah. Whatever agrees with the evidence in matters of disagreement must be adopted, and whatever else is discarded, whether that opinion was held by one of the four Imams or by others; because Allah says (Glorified and Exalted is He):[Surah al-Nisa: 59]. Therefore, it is obligatory to return to the Book and the Sunnah in case of disagreement.
And He, the Exalted, said: [al-Shura: 10]. This is a matter of consensus among the people of knowledge, that matters of disagreement must be referred to the Book of Allah and the Sunnah of His Messenger Muhammad (peace and blessings be upon him). So, what agrees with them is the truth, and what contradicts them must be discarded. As for restricting oneself to the four schools of jurisprudence, following them blindly, and being fanatical about them, that is not the concern of the people of knowledge. And success is from Allah. Yes.
The presenter: May Allah reward you with good, and may He benefit us with your knowledge.
From Irbil in the Iraqi Republic, this is a letter sent by the listener (S. S. A) asking and saying: The four schools of jurisprudence: the Hanafi, the Maliki, the Shafi'i, and the Hanbali are the fruit of juristic reasoning in the religion. If that is the case, is it permissible for Muslim jurists to come up with another school of jurisprudence as a result of their juristic reasoning, or not, and why?
Answer:
Knowledge is not confined to the four schools of jurisprudence; rather, there are other schools, such as those of the Tabi'un, the followers of the Tabi'un, and the well-known scholars of knowledge other than the four. There is al-Awza'i, there is al-Thawri, there is Ishaq ibn Rahawayh, and there are great imams who have opinions and knowledge that scholars have transmitted from them.
Therefore, the believer, meaning the discerning student of knowledge, looks at the evidence when disagreement arises, and takes what agrees with the evidence from the statements of the four imams and others from the scholars, from the imams of the Companions, the Tabi'un, and their followers with excellence. This is not confined to the four imams alone; rather, the four imams are among the scholars of the Ummah and among the great scholars of the Ummah: Abu Hanifah, al-Shafi'i, Malik, and Ahmad. All of these are among the imams of Islam, and they have great virtue and abundant known knowledge, but knowledge is not confined to them. Rather, there are other scholars, as mentioned earlier, such as the well-known Ishaq ibn Rahawayh, al-Awza'i (may Allah have mercy on him), al-Thawri, Ibn Uyaynah, and other well-known, independent jurists who have a firm standing in the Ummah.
Likewise, before them were the Tabi'un, such as Sa'id ibn al-Musayyib, al-Sha'bi, Tawus, and other well-known leaders of Islam who met the Companions, and before them were those who are better and greater, namely the Companions (may Allah be pleased with them)and he is most pleased with them. They have statements and narrations that scholars have transmitted from them, which a student of knowledge uses to help him know the truth with its evidence.
Therefore, it is obligatory for the people of knowledge and insight to take care of this, and to evaluate the matters in which people have disagreed among the four Imams, those before them, or those after them, against the evidence of the Shari'ah from the Book and the Sunnah. Whatever agrees with the evidence in matters of disagreement must be adopted, and whatever else is discarded, whether that opinion was held by one of the four Imams or by others; because Allah says (Glorified and Exalted is He):
O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِAnd He, the Exalted, said:
And in anything over which you disagree - its ruling is [to be referred] to Allah.
وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِThe presenter: May Allah reward you with good, and may He benefit us with your knowledge.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.