The foundation in our jurisprudence is adherence, and not everyone has the ability for understanding and deducing. These companions (of the Prophet) had varying understandings and diverse approaches, and they became schools of thought in issuing legal rulings. There is the conservative school that adheres to the limits of what has been transmitted, and there is the diligent school that introduces new interpretations based on the spirit of the law, even if there is no explicit text to support it.”
So, this Caliph, Umar (may Allah be pleased with him), exerted effort and introduced new matters that hadn’t occurred before him, like congregational night prayers, grandmothers’ inheritance, suspending the legal punishments during times of famine, distributing people’s shares according to their ranks in giving, withholding the share of those whose reconciled hearts, and other well-known matters in the jurisprudence of the second Caliph, in contrast to what our master Ali, Uthman, or Abdullah ibn Umar adopted.
Allah, the Most High, said: “{And if they had referred it back to the Messenger or to those of authority among them, then those who [can] draw correct conclusions from it would have known about it.}” [An-Nisa’, 4:83]. The people of inference have been endowed by Allah with knowledge, understanding, and wisdom.
Secondly, during the time of the companions, issuing legal rulings (fatwas) varied. Companion would differ from companion in both significant and minor matters. Each one would turn to their understanding of the text, acceptable personal exertion (ijtihad), or sound analogical reasoning.
After them, eminent jurist Imams emerged, who inherited the knowledge of the companions and also inherited this diversity. As a result, their opinions varied, even though some of these opinions could be traced back to the understanding of the noble companions, particularly in matters of jurisprudential principles.
For instance, within our own school of thought, there is a well-known saying: “Jurisprudence is like a seed planted by Abdullah bin Mas’ud (may Allah be pleased with him), watered by Alqamah, harvested by Ibrahim al-Nakha’i, crushed by Hammad, ground by Abu Hanifah, kneaded by Abu Yusuf, and baked by Muhammad. So, all people eat of its bread,” as conveyed by the conclusion of the distinguished scholars, our master Ibn Abidin, may Allah have mercy upon him.
And among the schools of thought, some are influenced by the practices of the people of Medina, while others deviate from that and are affected by other sources, such as the early and later opinions of the Shafi’i school and so on.
Thirdly: The correctness lies in the opinions of all these scholars. The legal system is based on diversity in understanding and ease of application. Moreover, the entire Muslim community has unanimously accepted the scholars of the four major schools of thought: the Hanafis, Malikis, Shafi’is, and Hanbalis.
The Hafiz Ibn Rajab stated in “Al-Rasail”: “By the wisdom of Allah, He ordained that the religion be organized and preserved by appointing leaders for the people from the experts in opinion and hadith who are collectively knowledgeable and experienced, having reached the intended pinnacle in their mastery of rulings and issuing fatwas. As a result, people rely on them for religious verdicts, turn to them for understanding rulings, and Allah established those who systematize their schools of thought and formulate their principles. So, the methodology of each Imam, their foundational principles, rules, and subdivisions were structured to the extent that legal rulings were established and speech was systematized concerning matters of what is permissible and what is prohibited.”
This was among Allah’s favor upon His believing servants, and it is among the many beneficial outcomes for the preservation of this religion. Without this, people would witness amazement from every ignorant individual who, in his presumption, arrogantly presents his opinion as bold guidance for others. He would claim to be the leader of leaders, the guide of the Ummah, and assert that people should turn to him exclusively, relying on him without recourse to others. Done
Therefore, based on this, we believe that it is Allah, who took it upon Himself to preserve His religion and His book, who has guided us to these schools of thought through their diversity.
Fourthly: It has been reported from some Imams the prohibition of following their opinions if they contradict the Sunnah (Prophet’s tradition) and clear evidence.
This, even though it has been mentioned by almost all of the four Imams in similar wording, doesn’t diminish their knowledge and the validity of their approaches. This concept falls under the realm of piety and discharge (bara’ah), as who else can encompass all things in knowledge but Allah?
That is why the Imams took precautions for themselves, hence they used this phrasing. However, generations in each school later arose, the gaps were filled, and the numbers increased. Thus, these subsequent generations expanded, explained, supported, and refuted, until every school reached a comprehensive understanding of its foundational principles and its branches.
Ibn Rajab also said, “If it is asked: What do you say about the prohibition by Imam Ahmad and other Imams of following them blindly and recording their statements? Imam Ahmad said, ‘Do not record my words or the words of so-and-so. Learn as we learned.’ This sentiment is found extensively in their statements.” It would be said: There is no doubt that Imam Ahmad (may Allah be pleased with him) used to discourage adhering to the opinions of jurists and preoccupying oneself with memorizing and recording them. He would instead encourage engaging with the memorization, understanding, recording, and studying of the Book and the Sunnah. He advised recording the narrations of the Companions and the Tabi’in without including the statements of those who came later. In addition, recognizing the authenticity from its weak points, what is derived from it, and the divergent opinions that have been put forth. It is without a doubt that this is something that requires attention and dedication, especially learning it before other matters. Whoever understands this and reaches the pinnacle of this knowledge, as Imam Ahmad alluded to, his knowledge will be close to that of Imam Ahmad’s. This will not hinder him, and his case is not the one being addressed. The discussion is about those who have not reached this goal, have not attained this level of understanding, and have only grasped a small portion of it. This is the state of most people in our time, and in fact, it has been the case for most people throughout history. Many claim to achieve great heights and reach ultimate goals, yet most of them have not progressed beyond the initial stages. ”
All of this stems from piety and cautiousness.
Fifthly: People within the realm of jurisprudence fall into two categories:
1. Those who are knowledgeable about the matters of the school, its proofs, and evidence, along with their ability to respond to those who disagree:
– Such individuals cannot go against evidence unless the correctness of another opinion becomes clear to them. Otherwise, going against evidence would indicate acting upon personal inclinations.
2. Others have no knowledge of the principles of the school, its branches, and methods of reasoning, refutation, and counter-arguments when proofs conflict:
– Their approach is to follow a specific school or a trusted jurist. If they choose to follow a school, they adhere to it as a whole, and it is not permissible for them to combine between schools following rukhas.
Imam Ahmad (may Allah have mercy upon him) said: “If a person were to follow the opinion of the people of Kufa regarding alcohol, the people of Medina regarding listening, and the people of Mecca regarding temporary marriage (mut’ah), he would be sinful.”
Sixthly: Regarding the matter under question, which is the combination of Friday and Asr prayers according to the Shafi’i school:
Therefore, in this matter, it is permissible for the Imam to choose from among the schools what is supported by evidence. As for the followers (ma’mum), after the Imam’s choice, they have the option to follow their Imam if they wish, or to follow their own school as long as they are from the general followers (ahl al-taqleed).
– As for someone who possesses the capability of independent reasoning (ijtihad), the foundation is to follow what is established by valid evidence. Additionally, it is permissible for them to act according to the outweighed opinion (al-marjuh) even in the presence of the most preponderant opinion (al-rajih), as mentioned by the conclusion of the distinguished scholars, our master Ibn Abidin.
And Allah knows best.
Fatwa by Dr. Khālid Naṣr