The authority of the jurists

 

The authority of the jurists

 

There is a Hadith in Sunan Abu Dawood:

 

Translation: Hadhrat ‘Uthman (May Allah be well pleased with him) would not shorten his Salaat in Mina and would offer the complete 4 Raka’at.

 

The reason being that that year many Bedouins had come for Hajj.  Offering 4 Raka’at was for their instruction that Zuhr and ‘Asr Salaat have 4 Raka’at.

 

It is mentioned in all Hadith that the Holy Prophet (Sallallahu alaihi wa sallam) shortened His Salaat in Mina.  However, Hadhrat ‘Uthman (May Allah be well pleased with him) acted upon his reasoning and did not act upon those Hadith.

 

This shows that a jurist (Mujtahid) may ignore some Hadith for a reason as well. 

 

It has been mentioned in the previous lines that Hadhrat Khalid bin Walid (May Allah be well pleased with him) ordered the execution of those who said:  Sabaana Sabaana.

 

However, Hadhrat ‘Abdullah bin ‘Umar (May Allah be well pleased with him) exercises his own judgment and did not do so although it is established through many Hadith that the leader must be obeyed.

 

This also shows that a jurist has the authority not to act upon some Hadith if he chooses to.

 

It has been mentioned above that Allah Most High says:

 

So when the sacred months have passed, then (as declared) kill the idolaters (who have re-initiated war) wherever you find them (during the war), capture them, imprison them and lie in wait for them at every place of ambush (to catch and besiege them).  Surah Tauba (09:05)

 

‘Allama Shaukani writes in Nail Ul Autaar that sparing the monks and ascetics is established by reasoning although they are polytheists and disbelievers of the highest order.

 

To be continued…

[Excerpted from Haqeeqatul Fiqh]