Part 5

51 Related by Ahmad (3/39), at-Tinnidhee,Ibn Maajah, ad-Daarimee and others.

52 i.e., they read the b.adeeth to be: "The slaughtering of the foetus is (similar to) the slaughtering of it's mother."

38 bloodflows out of and the name of Allaah is pronounced over (at the time of slaughtering), then eat" and it is a known fact that the bloodcannot flow out afterdeath.

These are the causes (of differenceamongst the scholars) which I wanted to point out, even though, there are many more and it is 'an ocean which has no shore'.

As I mentioned at the beginning, du e to the many forms ofmedia: audio, visual and written material and du e to the differencesamongst the scholars or those who speak across this media, the general masses have become dubious, and question: "Who do we follow?"

'The gazelles have gathered in great numbers around Khirash to the extent that Khirash no longer knows which to hunt.' 53

I say therefore, ou r stance towards this differing,and I mean the differingbetween the scholars who are well tru s ted fortheir knowledge and religion,not those who have been classifiedas being u p on knowledge bu t are not in factfrom the people ofknowledge. As we do not regard the likes ofsuch as scholars, nor do we holdthat their statements are to be known and recordedlikethe statements ofthe people ofknowledge.

Bu t who we mean, are the scholars who are well known for their sincere advise to the ummah, for their Islaam and knowledge; ou r stance towards them is from two angles.

The first:How didthese scholars go against what the Book ofAllaah and the Sunnah ofHis Messenger (m) instruct?

The answer to this qu e stion can be known in part by what has precededofthe cau s es for differingand also by the other many cau s es

53 An Arabic proverb appliedto a person overcome by too many affairs.each one ofequal priority and thus, he is unsure which to begin with and which to defer.The originofthis proverb traces back to a hu n ter ofgazelles known as Khirash. On one particular day, they gathered arou n d him in great nu m bers whereby he became confu s ed on how to confrontthe situation and which gazelle to hunt; upon that he uttered these words portraying the situation. It's relevance here is due to the presence ofa nu m ber ofopinions on one single issue causing confusion for the layman in need ofa ju d gment.

40 and come to realiseeven ifhe is not very knowledgeable. 54

The second: What is ou r stance towards following them? Whom do we follow from amongst these scholars? Does one follow a particularImaam and never leave his saying? Even ifthe correctopinion is with another scholar, as is the norm with the blindfollowers ofthe madhhabs. Or does one follow the opinion which he believes is the most accurate, even ifitis against the opinion ofthe madhhab which he attributes himself to?

The correctanswer is the second, as it is compulsory upon the one who is aware of the evidence to follow it, even ifit goes against whomsoever of the scholars, so long as it does not go against a consensus ofthe ummah.

54 Shaykh Ibraaheem ar-Ruhaylee, a lecturer at the IslamicUniversity in Madeenah, states the following words when referring to the ten causes of differencesmentioned by Shaykhul-Islaam Ibn Taymiyyah: "Within these causes is found an excellentand agreeable explanation for the mistakes commmitted by scholars as a result of their ijtihaad. It is also a way of seeking excu s es for them in such a manner by which, we hope that Allaah rewards Shay k hu l -lslaam with the highest reward.

"If only the person, who comes across a statement ofa scholar which is found to be in opposition to the texts (of the Sharee'ah), was to subject it to these ten causes which Shay k hu l -lslaam mentions, then he wou l d surely findand pinpoint one of these causes as a reason for the scholar's opposition. In turn, we would deliver ourselves from the vilificationand bad suspicion of the scholars which so many people in ou r time have fallen into." [taken from Mawqif Ahlus-Sunnah wal Jamaa 'ah min Ahlil Ahwaa wal Bida' by Shaykh Ibraaheem ar-Ruhaylee (1170). published by lvfaktabah al-Ghurabaa al-Athariyyah, Madeenah, Saudi Arabia.]

The applicationof these words is ofcrucial importance in helping to nurture and cultivate the Muslims, the youth especially. towards a balanced and middle path. Since. as history has repeatedly shown. when ever the value and respect for scholars dissappear from the hearts and minds of the people. then they are no longer lead by knowledge. wisdom and experience. but rather, by immaturity, rashness and enthusiasm based on ignorance. 41 one other than the Messenger ofAllaah (~), acting by what he orders and refrainingfrom what he prohibits, at alltimes and places, has indeed affirmedfor this person qualities unique and solely for the bearer ofthe Message, because no one's statement can posses this unequivocal right except that ofthe Messenger ofAllaah's (*). Every o ne's opinion is either acceptedor rejected,except that ofthe Messenger ofAllaah (*).

But the issue stillremains unsolved, because we stillquestion: "Who has the capability to extract the rulings from the texts?" Here, lies a problem, because everyone is now stating: "I am capable ofthat!" This, in reality, is not correctnor befitting.Indeed, in terms ofthe objective and basis, it is a good thing for one's guiding principleto be the Book ofAllaah and the Sunnah ofHis Messenger (*); but to open the door for anyone who can mention the evidence, even if he does not understand its meaning or implication,and to say: "You are a mujtahid, say what you desire"; this will cau s e the ruin ofthe Sharee 'ah, people and society.

In this respect, people are placedin one ofthree categories:

(i) The scholar whom Allaah has given knowledge and understanding. (ii) The student of knowledge who has some knowledge, but has not yet reached the level ofthe scholar. (iii)The layman who does not know anything.

As for the first,then he has the right to perform ijtihaad and to give his opinion. In fact, it is compulsory for him to express that which he believes the texts indicateregardless ofwhom he opposes, because he has been ordered to do so. Allaah says,

42 tract it's rulings would have understood it directly from them ... 55

The person in this category is from those who are able to extract rulings, who know the intendedmeaning behind the Speech ofAllaah and His Messenger (*).

As for the second, whom Allaah has given knowledge but has not yet reached the level ofthe first.Then there is no harm on him to act by the general evidences, their apparent meanings and by that which he becomes aware of56. However, he must be very careful in this and he should never fallshort in asking those more knowledgeable than him from amongst the people ofknowledge. As he can fallinto error and his knowledge may not embody a particular evidence which makes specificwhat seems to be a general text, or which restricts what seem to be an unrestricted text, or which abrogates a text that he regards to be valid.

As for the third, he is the one who does not have any knowledge; it is compulsory u p on him to ask the people ofknowledge as Allaah says,

56 Scholars past and present have warned against the pitfalls,which the student of knowledge who has not yet established himself sufficiently in the basix sciences of the Sharee'ah, can fallinto. The Shay k h has mentioned some of the important· guidelines which the person, who is eligibleto be classifiedin this category, my s t adhere to; such as being deliberate,not hasty, quesioning the people ofknowledge and referringback to them.

43 ! ~ / ,.,., 1·-'~ - .... /.~•..,., / \.:.)~ ~_;.LU":i~0~J)\ j.\~ ... so ask the people ofthe scriptu r es ify o u do not know.57

... so ask the people of the scriptu r es ify o u do not know, ofthe clearsigns and books .. .58

So his duty is to ask, bu t who does he ask? In the land are many scholars and everyone says 'So and so is a scholar' or it is said about everyone: 'He is a scholar'. So, who does he ask?

Do we say: "It is obligatory on this person to search and investigate in order to findthe one closest to the correctopinion, so that he asks him and acts by his ruling." or do we say: "He is to ask anyone whom he believes to be from the people ofknowledge, since, the scholar who is less knowledgeable may arrive to the correct decision in a specificissue and the scholar who is better and more knowledgeable than the former may not"- the scholars differedon this:

A group ofthe scholars are ofthe opinion that it is compulsory for the layman to ask the one whom he believes to be the most competent in his knowledge from amongst the scholars in his country; because, ju s t as the person who is sick, looks for the most competent person in the fieldofmedicine, then the same applies here, as knowledge is the remedy for the hearts. Accordingly, you mu s t choose the most competent in knowledge as there is no difference.

57 Soorah al-Ambiy a a' (21):7

44 one who is the most knowledgeable may not be so in every single issue and this opinion is supported by the factthat at the time ofthe Companions people would ask one who was less knowledgeable than others who were also present.

My view is that he should ask the one whom he believes to be the most competent in his religionand knowledge. Not because it is compulsory, due to the possibility ofthis scholar making an error in a specificissue and the possibility of the one who is less knowledgeable to be correct,but because itis preferableand should be the person's firstchoice.

Finally, I sincerely advise, my s elf first, and my Muslim brothers, especially the students ofknowledge not to make haste and be quick when a new issue befallsa person until he verifies the situation, gains knowledge and then speaks, so that he does not speak about Allaah without knowledge.

As, the person who gives ju d gment is an emissary between the people and Allaah; he conveys the Sharee 'ah ofAllaah as has been reported from the Messenger ofAllaah (~):"The scholars are the inheritors ofthe Prophets."59 and the Prophet(~) has also said: "The judges are three: (only) one of the judges being in paradise and he is the one who knew the truth andjudged according to it."60

59 Ahmad (5/196), A boo Daawood, at-Tirmidhe e and others.

60 Related by A boo Daawood with the following wording: "The judges are three; one ofthe judges is in Paradise and two are in the Fire. With reganis to the one in. Paradise then he is the man who knew the truth and judged acconiing to it. The man who knew the truth and was unjust in his ruling is in the Fire, and the man who judged between the people out of ignorance is in the Fire."

45 towards Allaah and feel in need of Him so that he causes you to understand and imparts knowledge to you; especially in grave and important matters, where many people remain in ignorance.

Some of my teachers mentioned to me that it is befittingfor the person who has been questioned on an issue, to seek forgiveness from Allaah even more; deducing that from Allaah's statement,

-:'/ --~~-:, ~::-rt~H~\Gf~GI ~~~;.· , .. ~ _j ~ ~

e // j/ ~~~~· .. / .-: -: . .......... !;. l<..ti~;:;...J/J-;;"1 -:-,,;..,'!.,._ .......

? )- / / J.J..:l.U~.JU~L:J v. -;;" 4" ~-;;" ;..... """

.. / , ~ / t~t"'l