[13] Still Waiting! Where’s The Clear, Unambiguous, Knowledge-Based Shariah Proof for the Tabdee

بسم الله الرحمن الرحيم
وعليهم أن يفعلوا ما أمر به وأن ينتهوا عما نهى عنه ، ويحللوا ما حلله ، ويحرموا ما حرمه ؛ فلا حرام إلا ما حرمه الله ورسوله ، ولا دين إلا ما شرعه الله ورسوله
Shaykh Al-Islām in his book, Iqtiḍā Ṣirāṭ al-Mustaqīm stated,
It is incumbent upon them to carry out that which they have been commanded, and to abstain from that which they have been prohibited. To declare lawful what Allāh has made lawful, and to declare unlawful what He has made unlawful — for nothing is unlawful except that which Allāh and His Messenger have declared unlawful, and there is no religion except that which Allāh and His Messenger have legislated.
Commenting, Shaykh Ṣālih al-Fawzān (ḥafidahullāh),
There are those who adhere to the statements of scholars even without knowing the evidence for them — so long as it was said by so-and-so, it is considered correct. Why? Because it agrees with their desires. When a statement opposes their desires — even if it is correct — they do not accept it. If a scholar’s statement opposes their desires and what they incline toward — even if it is correct — they do not follow it. Indeed, some do not even act upon authentic prophetic narrations when they oppose their desires.
ولهذا ذم الله المشركين في سورة الأنعام والأعراف وغيرهما ، لكونهم حرموا ما لم يحرمه الله ، ولكونهم شرعوا دينا لم يأذن به الله ، كما في قوله تعالى : { وجعلوا لله مما ذرأ من الحرث والأنعام نصيبًا } إلى آخر السورة . وما ذكره في صدر سورة الأعراف ، وكذلك قوله تعالى { أم لهم شركاء شرعوا لهم من الدين ما لم يأذن به الله }
For this reason, Allāh censured the polytheists in Sūrah al-Anʿām and al-Aʿrāf — and in other sūwar — for declaring unlawful that which Allāh had not prohibited, and for legislating a religion which Allāh had not sanctioned, as in His (The Most High) statement,
{ وَجَعَلُواْ لِلَّهِ مِمَّا ذَرَأَ مِنَ ٱلۡحَرۡثِ وَٱلۡأَنۡعَـٰمِ نَصِيبً۬ا }
And the polytheists assign to Allah from that which He created of crops and livestock a share (Al-An’ām: 135)
to the end of the sūrah, and that which is mentioned in Sūrah ash-Shūra
{ أَمۡ لَهُمۡ شُرَڪَـٰٓؤُاْ شَرَعُواْ لَهُم مِّنَ ٱلدِّينِ مَا لَمۡ يَأۡذَنۢ بِهِ ٱللَّهُۚ }
Or have they other deities who have ordained for them a religion to which Allah has not consented? (Ash-Shūra: 21)
Therefore, whoever adheres to the statements of scholars without proof — or even when those statements oppose the proofs — scholars do indeed strive for the correct ruling and are rewarded for their ijtihād, yet they may err. Thus, we do not take their statements unconditionally; rather, we subject them to the criterion of the Book and the Sunnah. Whatever agrees with the proofs, we accept; whatever opposes them, we reject — even if it was said by so-and-so. If we do not do this, we will be among those whom Allāh, Mighty and Sublime, referred to:
ٱتَّخَذُوٓاْ أَحۡبَارَهُمۡ وَرُهۡبَـٰنَهُمۡ أَرۡبَابً۬ا مِّن دُونِ ٱللَّهِ
They have taken their scholars and monks as lords besides Allah (At-Taubah: 31)
Shaykh Ṣālih al-Fawzān’s (ḥafidahullāh) explanation of Iqtiḍā Ṣirāṭ al-Mustaqīm
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