It appears that some people have real issues towards the fact that there are scholars cited for fatawa. It is important that we realise what it means to say that the ‘Qur’an’ is highest in precedence yet we cite references from scholars.
True enough Al-Qur’an Al-Majid comes first. thereafter the hadith which have been ratified, and then other hadith and sayings of Sahabah amd then the consensus of scholars.
This order of precedence however has been given to us by the scholars. They have told us that this is how they extrude rulings. First they look at the Qur’an and then the hadith and then the other sources and apply them on a given scenario. It is not possible for a layperson to undertake this effectively.
When we take the opinion of scholars we trust that they have followed the order of precedence, looked at all of the conditions and applicable references before formulating their decisions.
It does not mean that we are giving them priority over Qur’an. This is a fallacious understanding. Rather if we try to make our own sense from the Qur’an and apply it on situations according to our own understandings then we have given our own rationale greater priority than the scholars who are better than us at keeping the order of precdence.
Order of precedence is also what is used to determine the general case and then the specific case. Many times these are contrary which to the untrained will appear as contradiction, however, contradiction is only present when all conditions are the same but the conclusion is different. If this happens then we know the order of precedence. Previous scripture, historical evidence even are valid sources to create rulings so long as they are applied in the appropriate order of precedence.
