Obligation of the Mufti to give verdicts with the strongest and most preponderant view along with evidences

Obligation of the Mufti to give verdicts with the strongest and most preponderant view along with evidences by Shaykh Wasiullah Abbas

It is compulsory for the ‘mufti’ to search diligently for the ruling in any issue: from the Quran, Sunnah, narrations of the companions, and the statements of the scholars of ‘fiqh’ and other then them in this order as was previously mentioned in the section about ‘fiqh’ of the companions and the scholars of ‘fiqh’.

Indeed, the consensus of the companions, ‘tabi’een’ and those within the first three generations from the scholars of the righteous predecessors has taken place regarding the impermissibility of making ‘taqleed’ of anyone in specific. This is solely because it is not possible that one human being possesses all of the truth except if he is a Prophet and Messenger sent from the Creator of the heavens and earths. The truth which is guaranteed is that contained within the clear proofs contained in the Quran, Sunnah, narrations of the companions, consensus. As for the ‘qiyas’ and ‘ijtihaad’ of our scholars than within these there exists a possibility to be correct or incorrect.

We previously mentioned the statements of the companions regarding the ordinal arrangement of the proofs and evidences which one uses when giving religious verdicts. I would like to say that indeed consensus took place regarding this issue, and I do not know what is the excuse for those who made the statements of their ‘fiqh’ scholars-who proceeded the companions-a fundamental in their religion. Isn’t this clear and outright opposition to the consensus which took place in the first three generations!?

By Allah, of course itis! This is clear opposition to the consensus which took place in which there is no stronger nor better consensus which took place on the face of the earth. No doubt that the ones responsible for this will be questioned in front of Allah, then in front of the Messenger , then be questioned in front of the believers about the confirmation and establishment of ‘taqleed’ of one specific person.

The ones responsible are the scholars who direct and lead the Muslims, and they are the ones who adorned this for the people and make it obligatory and compulsory upon them to make ‘taqleed’ of the ‘madthaa’hib’ (or a specific person).

Let us listen to the advice of Imam ash Shaatibee who said: ‘The ‘mufti’ has a position similar to that of the Prophet, as the ‘mufti’ is his successor and inheritor, as it came in a hadeeth: ‘The scholars are inheritors of the Prophets..’[1] The scholar is the Prophet’s deputy and agent in conveying the religious legislations and rulings, by teaching the people and warning them so that they may take heed. The scholar is also- in addition to being a conveyer of what has been transmitted from Allah and His Messenger -holds the position of one who may institute rulings from that which he derived and extracted from the evidences according to his ‘ijtihaad’ and research. From this aspect he is a legislator whom it is obligatory to follow and act upon what he says, and this in all actuality is the true caliphate or successorship.[2]

So let the scholar closely observes, ponder and contemplate his position and status. Will his inheritance of the Prophet be the taking of statements of the scholars, especially the statements which oppose the sayings of the Prophet?

Also, is it permissible for him to speak about religious issues with the opinions of people, or with the opinions of those whose opinions are not traced back nor based upon proofs from the Quran and Sunnah? The one whom the scholars inherit from (the Prophet) didn’t used to speak nor pronounce a single word except after receiving revelation. If he was asked about something he would not respond to the questioner except after knowing and receiving revelation from Allah. Just as the Prophet conveys on Allah’s behalf, the scholar also conveys on Allah’s behalf.

Listen to the beautiful statement of Ibnul Qayyim: ‘In light of the fact that propagation and conveyance on behalf of Allah is dependent upon having knowledge of what is conveyed, as well as sincerity and honesty; so the scholar is truthful, honest, and sincere in what he conveys. He should be well-versed, sincere, and honest in what he is conveying. He should always have a good approach and method while possessing a favorable history, being just and equitable in his actions and statements, while his actions in public and private are simiar. So if one held the position of endorsing something on behalf of the kings and leaders in a matter which no one disapproves of nor is ignorant of his power, and this is the highest and most exalted of statuses; then what is the situation regarding the endorsing something on behalf of the Lord of the heavens and the earths.

It is most appropriate for the one whose status is a scholar, to prepare his equipment (himself and his knowledge) , and gird up his loins and be prepared and be ready for action, and truly understand the position and rank he has been given. There should be no uneasiness or restraint within his heart from speaking the truth and declaring it openly to the people, for verily Allah is his aid, assistant, helper and the one who guides him.

How is it when this is the rank and position which Allah has undertaken and assumed for Himself as He says: “They ask you seeking a religious verdict or instruction concerning women, say: Allah instructs you about them and what is recited unto you in the Book…” (an-Nisa’a 4:127)

And whatever Allah has taken up as His position and rank is sufficient for all as He also said: “They ask you for a religious verdict, Say: Allah instructs (the following) about the one who doesn’t have ascendents nor descendants…” (an Nisa’a 4:176)

So let the jurist and the one giving religious verdicts know and understand who he represents regarding the religious verdicts he gives, and that he will be held responsible tomorrow and stand before Allah.’[3]

So what is more dangerous than giving religious verdicts and the responsibility of the ‘mufti’?! Ibn Wahb said: ‘I heard Imam Malik ibn Anas say: ‘The Messenger of Allah was the leader of the Muslims and the best person in creation, he would be asked about something and not respond until revelation came to him from the heavens.’[4]

Ibnul Qayyim mentioned this statement then commented saying: ‘So if the Lord of Creation’s Messenger didn’t used to respond or answer questions except with revelation, so what great amount of audacity, courage, and bravery of the one who answers or gives verdicts from his personal opinions, ‘qiyas’, or makes ‘taqleed’ of someone who he thinks good about. What audacity of the one who responds with a custom, tradition, politics, taste or inner-feeling, or a claimed unveiling of the unseen, dream or even a conjecture or deeming of something to be good or appropriate, and Allah is the Aider and upon Him do we put our trust.’[5]

Furthermore, the scholars who have influenced and convinced the masses that it is obligatory to make ‘taqleed’ of one of the four scholars of ‘fiqh’in specific need to sincerely look, observe and ponder over what these four scholars of ‘fiqh’ advised their students with and all those who proceeded them. Indeed they all said: ‘If the hadeeth is authentic than that is my ‘madth’hab, and abandon my statement for the narration of the Prophet , everyone’s statement is accepted or rejected except for the Prophet Muhammad , if a narration comes from the Prophet Muhammad then it is taken on the ‘head and the eye’[6], it is not permissible for anyone to take our statements except after knowing where we took them from, it is prohibited for the one who doesn’t know my proofs and evidences to give verdicts with my statements, verily we are only mortals we may say something today and tomorrow we may withdraw that statement…’, as these statements were previously mentioned. This is what the scholars of ‘fiqh’ considered to be obligatory upon themselves. This being because the Quran, Sunnah and authentic narrations were the most important thing to them and the most exalted thing within their hearts, and they reached the highest pinnacle of piety, humility and fear of Allah. But we don’t know, will those ‘scholars’who say that ‘taqleed’ is obligatory be convinced as those who they make ‘taqleed’ of were convinced???

Rather, they will not be convinced, considering the fact that they have facilitated and made it very easy for themselves to abandon and turn away from the creed of the scholars of ‘fiqh’, so whatever proceeds that is even more easier to abandon and less significant. It is a small minority of the later generation Muslims who are not following the creed of the ‘Ash’ariyyah’ or the other misguided ideologies.

Similarly, it is also very rare that you will find someone who is not attached to the innovated ways, beliefs, ideas of the ‘Soofiyyah’ which have no proof, reference, or source from the religion of Allah which was revealed to the final Messenger Muhammad .

Furthermore, let those people ponder and contemplate: ‘with what intellect, logic, correct reasoning, and religion do they deem the ones who adhere to the Sunnah and strive to revive it throughout the Muslim lands, as being misguided and innovators!!???

With what intellect, logic and religion do they make enmity towards and harm those who are symbols of how to correctly adhere and follow Allah’s religion while opposing the innovations and innovators. While they are the ones who are rectifying and correcting what the people have corrupted. Why do they provoke, antagonize, oppress, and show enmity towards their masaajid and schools.

With what proofs and evidences do they oblige the people with something that Allah did not oblige upon them?? Is this not considered aggression, enmity and showing hostility to Allah and His Messenger? Why do they spread dissension amongst the people and split them into groups and sects which end up showing enmity, aggression, and resort to deceiving each other?

Is this what we would consider as ‘holding fast’ which Allah intended for His worshippers? As Allah states: ‘And hold fast, all of you together, to the Rope of Allah (Quran, Sunnah) and do not be divided amongst yourselves…’ (ali Imraan 3:103) So what will they answer the day their Lord says to them: ‘But stop them, verily they are to be questioned’ (as Saffat 37:24)

[1] Part of an authentic hadeeth which Abu Dawud narrates in his Sunan pg.551, Book of Knowledge, Chapter: The encouragement of seeking knowledge #3641, from the hadeeth of Abu ad Dardaa’a

[2] Taken from ‘al Fatwaa Makaantuhaa, Mazaaliquhaa, Manhajuhaa as Saheeh’ by Alaa’a Deen Za’taree 2/1

[3] I’laam al Muwa’qaeen 2/17

[4] Ibn Hazm men<oned it in ‘Ihkaam’ 8/35 from the narra<on of Ibn Wahb and Ibn Abdul Barr in ‘Jami Bayaanil Ilm wa fadhlihi’ pg. 839

[5] I’laam al Muwa’qaeen 2/470

[6] (TN) This is an Arabic expression used to mean that something is given top priority, utmost importance, emphasis


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