
My Imam is older, more well-known or more influential
In The Name of Allah, The Most Merciful, The Bestower of Mercy.
The one who says he is a student of knowledge and that he is able to examine the statements of the scholars, but he says “I hold this view because my Imam is older, more well-known, more influential or he had a larger number of students” We remind him as follows:
Imam Ash-Shaatibi, may Allah have mercy upon him, stated:
Know that Allah has established this Shariah as proof against the creation (humankind and jinn) – the old and young alike, the obedient and the disobedient, the righteous and the wicked. He did not specify the proof against anyone in exclusion of another one. Also, all the other revealed laws were established as proof against all the nations to whom they were revealed. The Shariah is the judge- in general, and specifically- the judge on all those who have reached the age of responsibility. It is the path attached to (what Allah has ordained) and it is the Greatest Guide. Have you not heard the statement of Allah, The Most High:
وَكَذَٲلِكَ أَوۡحَيۡنَآ إِلَيۡكَ رُوحً۬ا مِّنۡ أَمۡرِنَاۚ مَا كُنتَ تَدۡرِى مَا ٱلۡكِتَـٰبُ وَلَا ٱلۡإِيمَـٰنُ وَلَـٰكِن جَعَلۡنَـٰهُ نُورً۬ا نَّہۡدِى بِهِۦ مَن نَّشَآءُ مِنۡ عِبَادِنَاۚ وَإِنَّكَ لَتَہۡدِىٓ إِلَىٰ صِرَٲطٍ۬ مُّسۡتَقِيمٍ۬
And thus We have sent to you (O Muhammad) Ruhan (an Inspiration, and a Mercy) of Our Command. You knew not what is the Book, nor what is Faith? But We have made it (this Qur’an) a light wherewith We guide whosoever of Our slaves We will. And verily, you (O Muhammad) are indeed guiding (mankind) to the Straight Path (i.e. Allah’s religion of Islamic Monotheism). [Ash-Shura 52]
He (the Prophet) – peace and blessings of Allah be upon him- was the first to be guided to the Book and Iman, and then those who followed him. The Book is the Guide and also the Sunnah that was revealed to him explains that guidance (i.e. the Sunnah and the Qur’an explain each other). All the creation (mankind and Jinn) are guided through it. Therefore, when this is the case that the Shariah is worthy of being a decisive proof against them and a beacon by way of which they are guided to the truth, their nobility is determined by the extent to which they embrace its rulings- through acting upon them in speech, belief, and deeds– and not merely due to the level of their intellects or their nobility amongst their people. That is because Allah, The Most High, has determined nobility through Taqwa and no other than it. Allah, The Most High, says: [إِنَّ أَڪۡرَمَكُمۡ عِندَ ٱللَّهِ أَتۡقَٮٰكُمۡۚ- Verily, the most honourable of you with Allah is that (believer) who has At-Taqwa] [49:13] [1]
Imam Ash-Shawkani- may Allah have mercy upon him- said:
Know that when differing arise among Muslims regarding whether this thing (matter) is a Bidah or not a Bidah, (something) disliked or not disliked, prohibited, or not prohibited, or other than that, there is a consensus among Muslims (i.e. their scholars) —both the early generations and those that followed, from the era of the Companions to the present day, which is the thirteenth century since the advent of the Prophethood—that the obligation in any differing – in any issue among the issues of the religion – between Imams of Ijtihad is to refer back to the Book of Allah, the Exalted, and the Sunnah of His Messenger, as stated in Allāh’s Book:
فَإِن تَنَٰزَعْتُمْ فِى شَىْءٍ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ
And if you disagree among yourselves over anything then refer it back to Allāh and the Messenger. [An-Nisa 59]
The meaning of referring back to Allah, the Exalted, is to refer to His Book, and the meaning of referring to His Messenger, peace and blessings of Allāh be upon him, is to refer to his Sunnah after his passing. This is a matter about which there is no differing among the Muslims.
If a Mujtahid among the Mujtahideen says that this (thing) is lawful while another says this (thing) is unlawful, neither is any of the two more entitled to the truth than the other, even if he possesses more knowledge, older, or closer to the (early era of Islam). This is because each of them is a servant of Allāh among the servants of Allāh, (required) to worship (Allāh) based on what is found in the pure Sharia- that which is found in Allāh’s Book and the Sunnah of His Messenger, and what is required of him is required of other than him among Allāh’s servants. His abundant knowledge, the attainment of the level of Ijtihad, or even surpassing it, does not exempt him from any of the religious laws legislated by Allah for His servants, nor do they exclude him from those who have reached the age in which one is held accountable for his actions among the servants (of Allāh). [2]
When asked about following the different Madhabs on different issues, Imam Abdul Aziz Bin Baz, may Allah have mercy upon him, responded as follows:
If a person is a student of knowledge and adheres to the Hanafi Madhab in certain matters that are clear to him to be correct and his Madhab is stronger than other than it; then follows Ash-Shafi’i, Maliki’s, or Ahmad’s in in other matters where it is appears that their Madhab in those matters is correct based on the proofs, there is no harm in this because a believer wherever Allāh gives him knowledge, he follows the proof and looks to the proof. So, what is established with proof, it is obligatory to adhere to it, regardless of whether it aligns with the Madhab of Shafi’i, Abu Hanifa, Maliki, Ahmad, or any other scholars. The important thing is that it must agree with the proof – substantiated by a verse or a noble sound hadith from the Messenger of Allah, peace and blessings of Allāh be upon him. However, as for following whims or personal desires, then no. Playing about – sometimes this and other times that (arbitrarily between opinions), this is not permissible. But it is incumbent upon him to seek to know the proof and asking the people of knowledge regarding what is difficult for him. If he knows the proof, acquainted with the proof that this madhab in this issue is more valid while another is more valid in a different matter, there is no harm in this; otherwise, he should consult the scholars, seek their verdicts guidance, and act according to what they guide him to based on knowledge. [3]
So, what remains after this is to know that the people of knowledge are to be honoured as well as bearing in mind how to behave when they hold differences of opinion in matters of Ijtihad.
Must read article by Shaikh Abu Khadeejah- may Allāh preserve him:
https://abukhadeejah.com/tolerated-differing-and-impermissible-differing-in-islaam/
[1] Al-I’tisam 3/434
[2] Sharh As-Sudoor Bi-Tahreem Raf Al-Quboor pages 1-2
فاعلم أنه إذا وقع الخلاف بين المسلمين في أن هذا الشيء بدعة او غير بدعة ، أو مكروه او غير مكروه ، او محرم او غير محرم ، او غير ذلك ، فقد اتفق المسلمون : سلفهم وخلفهم ، من عصر الصحابة الى عصرنا هذا – وهو القرن الثالث عشر منذ البعثة المحمدية – أن الواجب الاختلاف في أي أمر من أمور الدين بين الأئمة المجتهدين : هو الرد الى كتاب الله سبحانه ، وسنة رسوله الناطق بذلك
الكتاب العزيز ( ٤ : ٥٩ فإن تنازعتم في شيء فردوه إلى الله والرسول ( ومعنى الرد الى الله سبحانه : الرد الى كتابه
ومعنى الرد إلى رسوله ال : الرد الى سنته بعد وفاته وهذا مما لا خلاف فيه بين جميع المسلمين . فإذا قال مجتهد من المجتهدين : هذا حلال . وقال الآخر : هذا حرام : فليس
أحدهما أولى بالحق من الآخر وإن كان اكثر منه علماً ، أو اكبر منه سنا ، او اقدم منه عصراً لأن كل واحد منهما فرد من أفراد عباد الله ، ومتعبد بما في الشريعة المطهرة، مما في كتاب الله وسنة رسوله ، ومطلوب منه ما طلب الله من غيره من العباد . وكثرة علمه وبلوغه درجة الاجتهاد او مجاوزته لها لا يسقط عنه شيئاً من الشرائع التي شرعها الله لعباده ، ولا يخرجه من جملة المكلفين من العباد
[3]Paraphrased:https://binbaz.org.sa/fatwas/8426/%D8%AD%D9%83%D9%85-%D8%A7%D9%84%D8%AA%D9%86%D9%82%D9%84-%D8%A8%D9%8A%D9%86-%D8%A7%D9%84%D9%85%D8%B0%D8%A7%D9%87%D8%A8-%D8%A7%D9%84%D9%81%D9%82%D9%87%D9%8A%D8%A9