Saturday, August 4, 2012

2a] Fiqh of Ahlulhadeeth & Comparative Fiqh

2a]
becomesaware of [4]. However, he must be very careful in this and he
should never fall short in asking those more knowledgeable than him
from amongst the people of knowledge. As he can fall into error and
his knowledge may not embody a particular evidence which makes
specific what seems to be a general text, or which restricts what
seems to bean unrestricted text, or which abrogates a text that he
regards to be valid.
As for the third , he is the one who does not have any knowledge; it
is compulsory upon him to ask the people of knowledge as Allaah says,
"...so ask the people of thescriptures if you do not know." [5]
and in another verse He says,
"...so ask the people of thescriptures if you do not know, of the
clear signs and books..." [6]
So his duty is to ask, but who does he ask? In the land are many
scholars and everyone says 'So andso is a scholar' or it is said about
everyone: 'He is a scholar'. So, who does he ask?
Do we say: "It is obligatory on this person to search and investigate
in order to find the one closest to the correct opinion, so that he
asks him and acts by his ruling." or do we say: "He is to ask anyone
whom hebelieves to be from the people of knowledge, since, the scholar
who is less knowledgeable may arrive to the correct decision in a
specific issue and the scholar who is better and more knowledgeable
than the former may not" - the scholars differed on this:
A group of the scholars are of the opinion that it is compulsory for
the layman to ask the one whom he believes to be the most competent in
this knowledge from amongst the scholars in his country; because, just
as the person who is sick, looks for the most competent person in the
field of medicine, then thesame applies here, as knowledge is the
remedy for the hearts. Accordingly, you must choose the most competent
i knowledge as there is no difference.
Other scholars hold the view that it is not compulsory because the one
who is the most knowledgeable may not be so in every single issueand
this opinion is supported by the fact thatat the time of the
Companions people would ask one who was less knowledgeable than others
who were also present.
My view is that he should ask the one whom he believes to be the most
competent in his religion and knowledge. Not because it is compulsory,
due to the possibility of this scholar making an error in a specific
issue and the possibility of the one who is less knowledgeable to be
correct, but because it is preferable and should be the person's first
choice.

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