Part 9: Rights of The Scholars: [The Upright Scholars Must Be Consulted During a Naazilah]- By Shaikh Muhammad Baazmool
In The Name of Allaah, The Most Merciful, The Bestower of Mercy
Shaikh Muhammad Baazmool [may Allaah preserve him] said:
And among their rights [i.e. the upright scholars] is that one should neither bypass them nor preceded them [i.e. precede them in speech regarding rulings in the religion], rather they are to be consulted during a Naazilah [i.e. matters related to public safety or fear] so that they can issue its appropriate ruling from the Sharee’ah. [This (i.e. consulting the scholars during a Naazilah) is done] in obedience to the statement of Allaah:
وَإِذَا جَآءَهُمۡ أَمۡرٌ۬ مِّنَ ٱلۡأَمۡنِ أَوِ ٱلۡخَوۡفِ أَذَاعُواْ بِهِۦۖ وَلَوۡ رَدُّوهُ إِلَى ٱلرَّسُولِ وَإِلَىٰٓ أُوْلِى ٱلۡأَمۡرِ مِنۡہُمۡ لَعَلِمَهُ ٱلَّذِينَ يَسۡتَنۢبِطُونَهُ ۥ مِنۡہُمۡۗ وَلَوۡلَا فَضۡلُ ٱللَّهِ عَلَيۡڪُمۡ وَرَحۡمَتُهُ ۥ لَٱتَّبَعۡتُمُ ٱلشَّيۡطَـٰنَ إِلَّا قَلِيلاً۬
When there comes to them some matter touching (public) safety or fear, they make it known (among the people), if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly). Had it not been for the Grace and Mercy of Allah upon you, you would have followed Shaitan (Satan), save a few of you. [Surah An-Nisaa’ Aayah 83]
Therefore, they [i.e. the scholars] are not to be bypassed when public clarifications and speeches are to be made during events related to public safety or fear, rather [we] must return to them because this is a right of theirs. Imaam As-Sadi [rahimahullaah] said about this Aayaah [i.e. An-Nisaa 83]:
This is a moral conduct [commanded by Allaah] to His slaves – that they do not do this [i.e. hasten to spread news]. And it is obligated on them that when there comes to them an affair from the important affairs – matters related to a universal benefit for the people, public safety and those affairs on which depends the sorrow or happiness of the believers, or an affair of public fear which may bring about calamity upon them- that they should verify the [news of that affair] and not to be hasty in spreading it; rather they should refer it back to the Messenger [sallal-laahu-alayhi-wasallam] and to those in authority- the people of sound opinions, the people of knowledge; those who can give sound advice, the people of intelligence and those who approach affairs with calmness, and they are those who know what is of overriding benefit and that which is in opposition to it [i.e. the scholars]. So, if they see that disseminating such news will bring about an overriding benefit for the Muslims, strengthen them, bring about happiness and make them vigilant over their enemies, then they would disseminate such news; but if they see that there is no overriding benefit in disseminating such news, or that there is benefit in it, but there is more harm in doing so; then they would not circulate such news. That is why Allaah stated: [ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَىٰ أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ – If only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly)]– Meaning: They would have derived from it [the proper cause of action] through contemplation and through their correct opinions and rightly guided sciences.
Therefore, in this there is proof regarding a principle related to a moral conduct, that when an [important affair] from the [important affairs] suddenly appears, it is obligatory to refer it to those who are competent in the affair and one should not put himself forward before them, for that is closer to correctness and [safer] in preventing mistakes. And in this, there is a prohibition against being hasty in circulating news [that is related important affairs of public safety or fear] and a command to contemplate before speaking- to look into the affair, as to whether it is an affair of overriding benefit to be dealt with, or whether it should be avoided if it does not carry an [overriding benefit].
[وَلَوۡلَا فَضۡلُ ٱللَّهِ عَلَيۡڪُمۡ وَرَحۡمَتُهُ – Had it not been for the Grace and Mercy of Allah upon you]- Meaning: [Had Allaah not] granted you the ability to act upon righteousness, instructed you with moral conducts and taught you that which you never knew, then [لَٱتَّبَعۡتُمُ ٱلشَّيۡطَـٰنَ إِلَّا قَلِيلاً۬ – you would have followed Shaitan (Satan), save a few of you].
Source: [في قلب الحدث مقالات متنوعة – page 41-42. Abridged and slightly paraphrased]