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It's necessary to refer all matters of disagreement between Muslims to Allah and His Messenger, peace be upon him. This is important for the Muslim to know and implement because it indicates the complete submission to Allah without which one would not be a Muslim. Allah says: If you differ in anything among yourselves, refer it to Allah and His Messenger, if you believe in Allah and the Last Day. That is best and most commendable in the end. [4:59] Also, He says:
Ibnul Qayyim said,
The first verse of surah an-Nisaa (surah 4), is also proof that the Shari'ah has been perfected and completed. Ibnul Qayim commented on this verse,
Shari'ah is the Judge and is not to be judged: This is its power and its role. This means that the Shari'ah rules and judges whether people's sayings and doings are correct or not. It judges between them when in conflict and disagreement. It confirms the right and abolishes the falsehood. This fact sometimes is violated through some wrong practices: Fanaticism: The fanatics in the different Madha-hib, schools of thought, judge the Qur'an and Sunnah by what their Imam say. For example, Abul Hassan al-karkhy, a prominent Hanafi Imam, said,
Democracy: Today, one of the ugly examples of people taking the Divine Shari'ah into their own hands, is the one related to the so-called democracy by taking people's opinion, directly or through their parliament, about implementing the Islamic Laws. The essence of this is subjugating the implementation of the Creator's Shari'ah to the will of His creatures or rendering it to a mere choice like any human-set constitution or laws. This is total and clear disbelief, Kufr. In explaining the Islamic Aqueedah, Imam at-Tahawi said, concerning the one who rules with other than Allah's rule,
No one from this Ummah is faultless except the Prophet, sallallahu alayhe wa sallam. And so Allah ordered us, when in conflict, to refer to Him and to His Messenger, sallallahu alayhe wa sallam, and not to refer to anyone else's opinion or saying or laws. Hence it is understood that there can be fault in anyone's sayings except the sayings of Allah and His Messenger, sallallahu alayhe wa sallam. This also indicates that the claim of some sects that their Imams are faultless is baseless. Asserting this principle, Imam Malik said,
And similar statements were quoted from Abu Hanifa, Ahmed, Shafi'ee and others although their exact words may differ a little. Allah says:
The referral to the Qur'an and the Sunnah has to be done by those who qualify for it, the scholars, Allah says:
With regard to asking the scholars and referring to them, we caution the Muslims from two types of scholars: 1) {OUT OF TOUCH} Scholars who are deeply buried under their books and have lost contact with the outside world. Ibnul Qayim said, "The Mufti and the Governor cannot govern fairly unless they have two kinds of knowledge.
Also, Abu Batah al-Akbari said, "Imam Ahmed said, 'It is not acceptable for a man to establish himself as Mufti unless he has five characteristics.
Ibnul Qayim commented on this saying;
2) TAKEN WITH DESIRES Scholars who sell themselves for worldly possessions. The Messenger of Allah, sallallahu alayhe wa sallam, said,
Ibnul Qayim said,
This is due to the fact that Allah's rulings are not always in accordance with people's desires especially those in positions of power and those who follow dubious paths. Their needs are always fulfilled in disagreement with the Truth. If the scholars and Governors have a liking to power and follow dubious paths, they will have their way only by using what opposes the truth. Beware of these two types of scholars; Those who have lost contact with reality and those who prefer worldly affairs especially in matters concerning jihad, enjoining the good and forbidding the evil, and everything that concerns tyrant rulers. Ibn Taymiyah has described both types of scholars in one saying,
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This article was taken from Al Jummuah Magazine
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