Discussion of the Unrestricted Public Interest and the Difference Between It and Religious Innovation
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The Shaykh : Was the reason for establishing and creating this matter, which we have introduced under the name of unrestricted public interest, present in the time of the Prophet (peace and blessings be upon him), or was it not? Is the speech clear up to this point?
The student : Is that clear?
The Shaykh : Fine, the answer will be one of two things: either the reason was present, or it was not present. He said: "If the reason was present in the time of the Messenger (peace be upon him), and yet he did not act upon the necessary consequence of this reason, meaning: he did not create what we have created, then our creation of this, claiming that it realizes an unrestricted public interest, is a misguided innovation." Are you following up to this point?
The student: Yes.
The Shaykh : Now, if it is the other case, meaning: the reason was not present in the time of the Prophet (peace and blessings be upon him and his family), but rather occurred afterwards, then perhaps a person thinks now that since the reason has occurred, as is the case now in your example, it is possible that we create an innovation to realize a public interest or avert a harm. Here Ibn Taymiyyah says, in the language of his state: "Wait, look at what is the driving force for creating this matter under the name of unrestricted public interest? It must be one of two things: either the driving force for adopting and acting upon it is the Muslims' shortcoming in applying the Shari'ah. In that case, it is not permissible to adopt this means, because we say to them: Act according to your Shari'ah and the rulings of your religion, and you will avoid this evil that has arisen among you, and you wanted to create a means to eliminate this harm. Return and act according to your law, and therein is good and blessing. But if the occurring matter that is intended to be adopted to realize an unrestricted public interest is not the responsibility of the Muslims, then here we say: As long as it realizes an unrestricted public interest, it is an acceptable legal ruling."
Is the speech clear up to this point?
The student: Yes.
The Shaykh: All right.
The student : Is that clear?
The Shaykh : Fine, the answer will be one of two things: either the reason was present, or it was not present. He said: "If the reason was present in the time of the Messenger (peace be upon him), and yet he did not act upon the necessary consequence of this reason, meaning: he did not create what we have created, then our creation of this, claiming that it realizes an unrestricted public interest, is a misguided innovation." Are you following up to this point?
The student: Yes.
The Shaykh : Now, if it is the other case, meaning: the reason was not present in the time of the Prophet (peace and blessings be upon him and his family), but rather occurred afterwards, then perhaps a person thinks now that since the reason has occurred, as is the case now in your example, it is possible that we create an innovation to realize a public interest or avert a harm. Here Ibn Taymiyyah says, in the language of his state: "Wait, look at what is the driving force for creating this matter under the name of unrestricted public interest? It must be one of two things: either the driving force for adopting and acting upon it is the Muslims' shortcoming in applying the Shari'ah. In that case, it is not permissible to adopt this means, because we say to them: Act according to your Shari'ah and the rulings of your religion, and you will avoid this evil that has arisen among you, and you wanted to create a means to eliminate this harm. Return and act according to your law, and therein is good and blessing. But if the occurring matter that is intended to be adopted to realize an unrestricted public interest is not the responsibility of the Muslims, then here we say: As long as it realizes an unrestricted public interest, it is an acceptable legal ruling."
Is the speech clear up to this point?
The student: Yes.
The Shaykh: All right.
Source
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The Arabic text is copied verbatim from the original source, without any edits.