Choosing Opinions that Suit Your Desires: The world we live in today has brought many trials to Muslims. Sure, it brought us many blessings. One new reality - the fact that knowledge of our religion has become easily accessible through the media - can be either a test or a blessing depending on the scientist with whom you speak. As a result, we find two extremes. Some who claim that everyone must follow a law school or a privileged scholar in order to be an authority without exception. Others say they can hold any opinion they like, and therefore spend most of their time looking for opinions that fit their desires. In this article, we ask for the support and ultimate success provided by Allah. Subhanahu wa ta ala (exalted He) to bring the right attitude to the availability of knowledge and scholarships in the modern world. This must be done by balancing the two extremes. To be witnesses of humanity, Allah has made us a balanced nation. (Koran, 2: 143)
Some scholars and schools of thought teach that all lay people should follow, without exception, the law school of thought. They remind us of verses in which Allah commanded us all to ask someone of knowledge if we were confused or did not know. They also refer to the way the Prophet ﷺ assigned some of his more knowledgeable comrades to specific references to others. Their points are all credible messages, but still do not justify the claim that we should join the same law school and never seek knowledge outside of it. It seems that this school of thought is a lawgiver with the same authority as the Prophet - which is wrong.
The truth is that the science of Islamic law can be quite complex, and not everyone can derive a reasonable understanding from a simple reading of the Qur'an and Hadith (report on the statements and actions of the Prophet ﷺ)It requires you to look for a qualified lawyer in order to clarify for you a decision on matters you do not know or are unclear to you. This suggests that there is nothing in Islam that suggests that we must follow only one law school of thought or only one scholar. Two of the previous researchers, Al-Azhar, Shatloot and Al-Sais, wrote in their curriculum about comparative jurisprudence: “This view was developed by some law schools in recent centuries, when the spirit of distinction prevailed and legal bias reigned. Thus, they made up rules that prevent laymen from speaking outside the school where they grew up. This forced the reality of law schools to move from opinions that can be discussed and either accepted or rejected by anyone to become indispensable religious truths, so that those who start with them always adhere to and never look at others. According to these rules, these scientists prevented the masses from looking at the Quran and Sunnah for leadership! (Who commanded all believers in the Qur'an.) ”(Mukaran al-Madhahib fil-fik, 30)
Jad al-Haq, one of the great scientists of al-Azhar in his prime, says in his book about the flexibility of Islamic law: “The truth that most scholars adhere to is that it is not necessary to follow a certain law school, with the exception of others. Any follower (muqallid) can follow any school or legal science that he loves. This is due to the fact that from the time of comrades, people will from time to time follow different lawyers and compare what they have said with others on this issue. This view was accepted by al-Amimed, Ibn al-Hajib, al-Kamel ibn al-Hamam and al-Rafiah, and many others from our great predecessors. This is due to the fact that obliging someone to follow one law school over another is like telling them about the outstanding right to legislation, while Islam is clear that the only obligation in obedience is the Qur'an and the true Sunnah. Ibn Amir al-Hajj said in his commentary on al-Tahrer al-Kamel al-Hamam: “In funds (Yusul) Ibn Muflich and other persons from Maliki, Hanabila and Shafiya, no one is obliged to follow a particular lawyer or law school ”(Muron al-Fiqh al-Islami, 134-135). This opinion has been confirmed by many scholars based in various law schools who have studied the Fike Kuwait Encyclopedia (see Vol. 13, p. 163).
This brings us to the essence of this article. The Holy Quran is crystal clear, encouraging all of us to learn about our religion and spend as much time as we can. Therefore, if we find the answers and clarifications by reading the Quran and Sunnah then that's good. The problem is that there will be a lot of texts that we do not understand. There will also be a lot of questions that we don’t know about. Finally, there will be many other questions that we simply cannot find an answer to at all. That is why we must seek a rational understanding of Islamic law from a person who has the right to give a legal solution. We must contact who is a lawyer (faqeeh/mujtahid) or was prepared for Islamic studies to give us a solution from a qualified lawyer.
Scientists differed in decision-making from different scientists. Some scholars allow Muslims to choose any scientific opinion in accordance with what is easier for them. They refer to the main purpose of Islamic law in the promotion and compassion of Allah for believers. Famous authentic Hadith says: “When the Prophet ﷺ faced two options, he always chose the simpler ones, as long as there is no sin in him” (Bukhari). These scientists remind us that during comrades, and after that, people seek different scientists for solutions, and for them there has never been any fault for this. Sheikh al-Tayyib Salama says: “There is no doubt that those who allowed a follower (muqallid) to choose opinions, because he or she considers them easier on them, do not allow it if he corrupts their religion. They say that until a qualified lawyer makes a decision, then anyone who wants to follow them is not to be reproached, since simplification is a generally accepted fundamental principle in Islamic law ”(Al-Aht bil Ruhas wa Hookmuh, 533)
Some scholars who forbade making decisions from different schools of thought did not do this because they believe that this is unacceptable in accordance with their understanding of the Quran and SunnahThey did this in order to block the means to sinful behavior. They believe that allowing Muslims to choose what they want will lead them to choose opinions based on their desires, which they say are sinful. Thus, Islamic law will serve their wishes when people are supposed to serve Islamic law.
Most scholars have stated that this use of the blocking of funds is invalid because it puts this law school at the level of prophetic legislation, when in fact it is just a man-made attempt to introduce Islamic law. The right way to do this is to teach people how to choose an opinion, regardless of which law school or scholar it comes from. With this approach, the majority stated that it was allowed to follow any qualified lawyer or law school, but in accordance with the condition. The world-famous scientist Yusuf Al-Qaradawi said: “Some scientists admit any opinion of a qualified lawyer, even if it simply corresponds to his wishes and because they find it easier, without even studying the evidence and not thinking about what makes sense and leaves roots in the texts. I say that this is unacceptable because the early generations of Muslims were transferred, saying: “He who seeks light opinion among lawyers has rebelled (fasaq). This is because it simply follows your desires and plays with our religion, which is a mockery ... In this case, as if the believer wants the truth to accompany him, while the believer must search for the truth even if it contradicts his desire ”( Fatawa al-Mu & # 39; asarah, vol.2, 128-129). Their strongest evidence in the ban is to seek opinions simply because they agree with their desires, in verse 59 of Sura al-Nisa: “And if you disagree with anything, refer to Allah and the Messenger” (Quran, One to four)
This verse supports the necessity of comparing judgments in accordance with what seems closer to the Qur'an, Sunnahand sound logic, not an opinion that seems easier to you. Dear Wahba Zuhaili said: “My opinion is that it is allowed to seek relief in law schools in case of emergency or urgent need. This is as long as the intent behind him does not play with religion according to its desires ”(Al-Rujas al-Fiqayi, Philip Dawi-al-Kitab, Val-Sunna, 80)
Now some may have a wrong idea of what scientists mean to satisfy their desires. The following example was given by Sheikh Mustafa al-Taariz: “Someone wants an illegal relationship. To avoid adultery [adultery], he sleeps with her in a secret marriage, in which there is no Guardian, as in the school of Abu Hanifa, and there are no witnesses, as Malik’s school tells ... Playing with Islam in this way, mocks him and there is no spiritual man of reason. ” (Al-Ruhas al-Fiqheyah, Philip Dawi-al-Kitab, Val-Sunna, 81).
Now we have to summarize the opinions of scholars on this issue and set out guidelines for accepting lighter opinions so that we do not fall into sinful behavior.
- Of the established principles of Islamic law, there is “إذا ضاق الأمر اتسع”, which means rudely, if the situation is difficult to sustain, then the law contains. In this way, you can follow an established opinion that will facilitate your overall life. An example of this is for people living in the west, and it is difficult for them to take off their socks to make voodooThey can accept the opinion of Hanbali for a case that is permissible and not related to the type of covering of the legs, because there is a need or an urgent need.
- With such a movement, it is necessary to adhere to the prevailing opinion in the main schools of thought, which has been confirmed by great scientists throughout history. The opinion of one of the four legal traditions is preferable, but if it should not be, at least, it is well documented and recognized as authoritative legal works or represented in modern councils of jurisprudence and committees dealing with new issues.
God wants the next study to cover strange, isolated opinions and rules for resolving them.
And Allah (swt) knows best.