2] Fiqh of Ahlulhadeeth & Comparative Fiqh

2]
Our Stance Towards The Differences Amongest the Scholars -by Ibn Uthaimin
Assalamu alaykum
This is a translation of an excerpt from a book by shaikh Ibn Uthamin,
I believe it is called "ikhtilafalUlama" or something like that.
Our Stance Towards the Differences Amongst the Scholars
by Shaykh Muhammad Saalih Al-Uthaymeen
"Differences of Opinion Amongst the Scholars - Their Causes and Our
Position Towards Them" © Copyright 1997 by Al-Hidaayah Publishing and
Distribution From callerstoislam.org
As I mentioned in the beginning, due to the many forms of media:
audio, visual and written material and due to the differences amongst
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 tohunt .' [1]
I say therefore, our stancetowards this differing, andI mean the
differing between the scholars whoare well trusted for their knowledge
and religion, not those who have been classified as being upon
knowledge but are not in fact from the people of knowledge. As we do
not regard the likes of such asscholars, nor do we hold that their
statements are to be known and recorded like the statements of the
people of knowledge.
But who we mean, are the scholars who are well known for their sincere
advise to the ummah, for their Islaam and knowledge; our stance
towards them is from twoangles.
The first: How did these scholars go against what the Book of Allaah
and the Sunnah of His Messenger instruct?
The answer to this question can be known in part by what has preceded
of the causes fordiffering and also by the other many causes not
mentioned, which the student of knowledge willcome across and come to
realize even if he is not very knowledgeable.[2]
The second: What is our stance towards following them? Whom do we
follow from amongst these scholars? Does one follows a particular
Imaam and never leave his saying? Even if the correct opinion is with
another scholar, as is the norm with the blind followers of the
madhhabs. Or does one follow the opinion which he believes is the most
accurate, even if it is against the opinions of the madhhab which he
attributes himself to?
The correct answer is the second, as it is compulsory upon the one who
is aware of the evidence to follow it, evenif it goes against
whomsoever of the scholars, so long as it doesnot go against a
consensus of the ummah.
Whoever believers that it is obligatory to follow thesayings of
someone other than the Messenger of Allaah, acting by what he orders
and refraining from what the prohibits, at all times and places, has
indeed affirmed for this person qualities unique and solely for the
bearer of the Message, because no one's statement can posses this
unequivocal right except that of the Messenger of Allaah's. Everyone's
opinions is either accepted or rejected, except that of the Messenger
of Allaah.
But the issue still remains unresolved, because we still question: "
Who has the capability to extract the rulings from the texts?" Here,
lies a problem, because everyone is now stating: "I am capable of
that!" This, inreality, is not correct norbefitting . Indeed, in terms
of the objective andbasis, it is a good thing forone's guiding
principle to be the Book of Allaah and the Sunnah of the 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 cause the ruin of the
Sharee'ah, people and society.
In this respect, people are placed in one of three categories:
(i) The scholar whom Allaah has given the knowledge and understanding.
(ii) The student of knowledge who has some knowledge, but has not yet
reached the level of the 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 of whom he opposes,
because he has been ordered to do so. Allaah says,
"...those amongst them who have the ability to extract it's ruling who
have understood it directly from them..." [3]
The person in his categoryis from those who are able to extract
rulings, who know the intended meaning behind the Speech of Allaah and
His Messenger.
As for the second , who Allah has given knowledge but has not yet
reached the level of the first. Then there is no harm on him to act by
thegeneral evidences, their apparent meanings and by that which he
becomesaware of [4].

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