The Authority of scholars in deciding what is halal and what is haram
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If those (i.e. scholars) who have discernment for distinguishing what is Halal from what is Haraam looked into what has been forbidden concerning this matter (of these land renting practice) they would NOT PERMIT IT, for it is surrounded with dangers.”Some lessons we learn from this short statement by an Imam (not some bakr or zaid)
————-1. Shari`ah has given the authority to the scholars to deem something which is permissible and something which isn’t in not all but many matters which are grey areas
2. The principle of sadd ad-dara’i i.e. blocking the means to avoid falling into bigger sin or simply a sin is also learnt from this statement {{ for it is surrounded with dangers}} . So something that leads to sin and has more harm than benefit then the scholars can deem it unlawful such as the use of qur’anic taweezat today in our era.
3. The importance of having the specific realm of `ilm pertaining to a particular subject such as this. A scholar may be a scholar of arabic language only but not in terms of other genre of islamic studies so his fatwa is not to be taken . Likewise on the grading of ahadeeth, only the muhadditheen hold the final authority
4. The usage of analogy i.e. qiyas from the statement {{if they looked or compared from what has been said regarding these types of acts}} . Imam Layth ibn sa`ad’s statement is verified also from the very hadeeth in which the questioner questions the taba`ee ar-rafi` about a new issue which he didn’t have an answer to except via analogy using his ijtihad.
5. The importance of the scholarly statements and fatawa and their understanding is also proven from the fact that Imam bukhari brought this statement in his saheeh even when he doesn’t do this often . But on such issues the scholars authority , their understanding are foremost to refer to.