IN THE NAME OF ALLAH
MOST GRACIOUS, MOST MERCIFUL
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It is necessary to refer all matters of disagreement between Muslims
to Allah and His Messenger, sallallahu alayhe wa sallam. 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,"And whatever you disagree upon, its decision is with Allah"
[42:10]Ibnul Qayyim said, "Based on these verses, scholars have agreed
that referring to Allah means referring to His Book, and referring to
the Messenger, sallallahu alayhe wa sallam, means referring to him in
person when alive, to his Sunnah after his death." 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, "It
covers everything that the believers may disagree upon concerning
their religion, from the smallest to the greatest, whether hidden or
evident. And if there were not a clear solution to their disagreement
in Allah's Book and His Messenger's Sunnah, or if they were not enough
for that, then He would not have ordered us referral to them."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, "Every
verse 'in the Qur'an' that differs with our Madh-hab'sunderstanding is
either wrongly interpreted or abrogated, and the same applies to every
hadeeth aswell."Democracy: Today, one of the ugly examples of people
taking the Divine Shari'ah into their own hands, is the one related
tothe 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, "If
he thought that ruling in accordance with what Allahhas descended is
not mandatory and that he hasa choice in it, or he belittled it, while
certain that it is Allah's judgement, then he has committed Kufr,
disbelief." No one from this Ummah is faultless except the Prophet,
sallallahu alayhe wa sallam. And so Allah ordered us, when in
conflict, to refer toHim 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, "Any one's sayings may be corrected except those of the Prophet,
sallallahu alayhe wa sallam." And similar statements were quoted from
Abu Hanifa, Ahmed, Shafi'ee and others
although their exact words may differ a little. Allah says, " Had it
been from other than Allah, much discrepancy would have been found"
[4:82]The referral to the Qur'an and the Sunnah has to be done by
those who qualify for it, the scholars, Allah says, " If you do not
know, ask of those who possess the Message." [16:43]With regards to
asking the scholars and referring to them, we caution the Muslims from
two types of scholars:1) 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. The first is the understanding of the reality,
being totally involved in it and being able to derive facts from what
happened using evidence, indications and signs, until they are totally
informed. The second is the understanding of Allah's rulings depicted
in His Book or through the sayings of His Messenger, sallallahu alayhe
wa sallam, and understanding how to apply them to the reality under
consideration''/
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