بسم الله الرحمن الرحيم
The shaykh started of by saying that sources of shariah have to be given utmost respect. We have to know that there are no issues with them. If you have an issue, it's something in your mind. The proof of this is the following:
ذَٰلِكَ الْكِتَابُ لَا رَيْبَ فِيهِ هُدًى لِّلْمُتَّقِينَ
This Book, there is no doubt in it, is a guide to those who guard (against evil). [Baqarah:2]
He, hafidhullah then said that there is no one free from error except those who Allah has granted that and these are the Prophets of Allah and above them is the Prophet sallalahu alayhi wa sallam. Everything our beloved Prophet does, sallalahu alayhi wa sallam is a revelation from Allah.
After discussing the first two points, there's a third point: we give due diligence and we recognise the place of the ulama of the Muslims. From the head of the scholars are the four imams - Imam Abu Hanifah, Imam Malik, Imam ash Shafi'i, and Imam Ahmad, the imam of ahlus sunnah. It is due diligence to recognise their rank and to believe they've been given rank by Allah. The students of imams were teacher to those who came after them. The shaykh said that Allah says, to make us understand, 'Say! Can the one who knows be equal to the one who does not know?'
The fiqh of the school of thoughts have aspects that should be respected and there are aspects that should be honoured. It is common sense to do so. The madhaaib have been given to the development on fiqh. Working with them is a means of understanding and acquiring knowledge. It must be said, those studies we hear from some individuals to close the study of madhab is falsehood.
When we look at society, we can fit it into two categories:
1. The mujtahid - the one who is able to deduce rulings from evidence. This person is also called a 'person of dhikr'
2. The muqallid - knows the views of the scholars in be time they live in.
The shaykh then went on to introduce the three topics.
Aspects of the categories
1. Acquisition of knowledge. This is done through looking at the schools of fiqh
2. Effort and practising.
3. Something that only applies to the people of ijtihaad e.g. Passing fatwa
4. Concept of qada and passing rulings
The questions commonly asked is, 'who is a mujathid'?
The shaykh said that the mujtahid hold four qualities
1. The person who has knowledge of the sources and evidences of shariah. This person knows the ayat that contain the ahkaam and rulings, likewise knows the sources of Hadith
2. Knowledge and principles of dealing with evidences. As in what can substantiate rulings (usool al fiqh)
3. A person who knows where an area has consensus and rulings where there are cases of difference of opinion
4. Knowledge of the Arabic language
However this does not mean that they enter the realm to disrespect madhaaib
What is wajib of a mujathid?
They need to extract and produce Islamic rulings in situations or circumstances. He does so by looking at the evidences. Allah says, 'Allah commands that we follow best that has been said by Allah'
He says, 'If a difference occurs then deal with the situation upon that which has been revealed by Allah and brought by the Prophet, if you believe in Allah and the last day'
As for the muqallid then Allah says, 'Who do not know, differ and ask those who know'
Taqleed
The shaykh then started talking about Taqleed. This refers to a person attaching himself to a madhab, who's view is not evidence in it of itself. However this concept comes about, as our shariah has guided and allows permissibility of this.
How do we know who a mujathid is?
There are four ways we can understand if a particular person is a mujtahjd
1. If we see a particular person that the scholars refer back to, when there's a difference of opinion
2. For a scholar to tell you that such a person is a person of ijtihaad
3. A person to pass a fatwa in front of a gathering of scholars and these scholars do not rebuke or disagree
4. Previous knowledge of this person that he is able, God fearing and knowledgeable.
The shaykh then asked a common question - In our community, we have many scholars, who do we ask?
What seems clear is that is permissible to go to any one of them. This point is a matter of difference amongst our scholars. The sahaba, from them there were those who were well known in certain issues and some not and people still asked those not well known. The instructions of sources are general. The main thing is that they are people of ijtihaad.
The shaykh then discussed the final point of the lecture
What if we find many scholars that have access to information, what does a muqallid do? Do you follow any view?
It is upon this muqallid to deal with the situation and choose an opinion in the following manner:
1. Look at the most knowledgeable from amongst them
2. Follow the most pious of them as they have a greater ability in reaching the truth
3. If all knowledge and pious then to follow the view of the majority because the ruling is in one of these three scenarios and most definitely the correct ruling is here. Allah knows best
This was the end of the lecture. I have paraphrased some of the ayat quoted above. All good is from Allah and any mistakes are from myself.
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