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Rulings may be established through deduced evidence

Question

What is ruling on the one who says that Sharee‘ah (Islamic legislation) rulings are established only through evidence, with full certainty, and who debates scholars in defense of this opinion? Has any scholar, either in the past or in this age, advocated the same opinion?

Answer

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Such an opinion is one of the most evil statements, because it leads to renouncement of the entire evidence of the Sharee‘ah evidence from the Quran and from the Sunnah (Prophetic tradition).

The noble Quran is established with full certainty, although many of its verses have indications which involve a measure of uncertainty. Therefore scholars differ when explaining and construing the significance of Quranic verses and the Sharee`ah rulings to be inferred according to them.

Texts that have indications with full certainty give rise to only one meaning, which the scholars of Usool Al-Fiqh (principles of the Islamic jurisprudence) call ''the text,'' the part of the verse that reads what means: {Those are ten complete [days].}[Quran 2:196]

On the other hand there is the Sunnah some of it was conveyed by narrators who could not have conspired to lie. This part of the Sunnah is called Mutawaatir (recurrently narrated). The other part of the Sunnah is called Aahaad (singularly narrated). Although the authenticity of Mutawaatir texts is established with full certainty, its interpretations are sometimes controversial. There have been different opinions about Al-Aahaad texts and whether they are fully authentic or not. The majority of scholars maintain that they are uncertain. However, some scholars say they provide absolute knowledge. Others give details: for example, if one of the Al-Aahaad Hadeeths is supported by other evidence, the knowledge in it can be considered fully authentic. Such a view was maintained by Ibn Al-Haajib, Imaam Al-Haramayn, Al-’Aamidi, Al-Baydhaawi and Ibn Taymiyyah  may  Allaah  have  mercy  upon  them all.

According to the opinion that Al-Aahaad Hadeeths are not fully certain, the majority of early Muslim scholars and successive generations maintain that it is obligatory to deal with this part of the Sunnah as uncertain. This ruling is according to Ibn Al-Qaass and Al-Qaadhi Abu Ya‘la  may  Allaah  be  pleased  with  them. Moreover this opinion is maintained by the majority of early Muslim scholars and successive generations.

The majority of scholars have set the following criteria for considering any of Al-Aahaad Hadeeths as obligatory. The following criteria were mentioned by Ibn Qudaamah  may  Allaah  have  mercy  upon  him and by others:

• The consensus of the Companions when accepting Al-Aahaad Hadeeth. There have been many authenticated incidents which support this and the Taabi'oon (followers) did the same. None of them was reported to have verified whether a text of the Quran or the authentic Sunnah was established with full certainty or not, or whether it was interpreted with full certainty or not. It is known that they used to practice acts of worship, including prayers, Zakah (purifying alms), fasting and pilgrimage, and the other rites of Islam, although many of them had been established through deduced evidence, or interpreted through deduced evidence.

• The consecutive dispatching of his messengers and judges by the Prophet, sallallaahu ‘alayhi wa sallam, to various provinces to preach Sharee‘ah rulings, to effect judgments, gather charities, and promulgate the message. It is known that people would accept instructions given through the Prophet's, sallallaahu ‘alayhi wa sallam, messengers, for he was ordered to preach the message and if the Aahaad was not of pursuant obligatory practice, the Prophet, sallallaahu ‘alayhi wa sallam, would not have sent his messengers to guide people to follow teachings that were conveyed through Aahaad Hadeeth.

Al-Bukhari  may  Allaah  have  mercy  upon  him narrated many incidents in his Saheeh, all of which indicate the Prophet's, sallallaahu ‘alayhi wa sallam, encouragement to accept Al-Aahaad as certain.

The saying that you mentioned in the question is unfounded and contrary to Sharee‘ah evidence and the consensus of the Salaf (predecessors) and the righteous successive generations.

And Allaah Knows best.

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