I thought that just knowledge of Arabic language and Islamic history would be enough to translate and judge by myself what something means, but it’s not that easy. I guess it’s impossible to not follow one particular school.
The full article:
www.themodernreligion.com/index2.html
Few would seriously deny that for a Muslim to venture beyond established expert opinion and have recourse directly to the Quran and Sunnah, he must be a scholar of great eminence. The danger of less-qualified individuals misunderstanding the sources and hence damaging the Shariah is a very real one, as was shown by the discord and strife which afflicted some early Muslims, and even some of the Companions themselves, in the period which preceded the establishment of the Orthodox Schools. Prior to Islam, entire religions had been subverted by inadequate scriptural scholarship, and it was vital that Islam should be secured from a comparable fate.
In order to protect the Shariah from the danger of innovation and distortion, the great scholars of usul laid down rigorous conditions which must be fulfilled by anyone wishing to claim the right of ijtihad for himself. These conditions include:
(a) mastery of the Arabic language, to minimise the possibility of misinterpreting Revelation on purely linguistic grounds;
(b) a profound knowledge of the Quran and Sunnah and the circumstances surrounding the revelation of each verse and hadith, together with a full knowledge of the Quranic and hadith commentaries, and a control of all the interpretative techniques discussed above;
(c) knowledge of the specialised disciplines of hadith, such as the assessment of narrators and of the matn [text];
(d) knowledge of the views of the Companions, Followers and the great imams, and of the positions and reasoning expounded in the textbooks of fiqh, combined with the knowledge of cases where a consensus (ijma) has been reached;
(e) knowledge of the science of juridical analogy (qiyas), its types and conditions;
(f) knowledge of ones own society and of public interest (maslahah);
(g) knowing the general objectives (maqasid) of the Shariah;
(h) a high degree of intelligence and personal piety, combined with the Islamic virtues of compassion, courtesy, and modesty.
A scholar who has fulfilled these conditions can be considered a mujtahid fil-shar, and is not obliged, or even permitted, to follow an existing authoritative madhhab. This is what some of the Imams were saying when they forbade their great disciples from imitating them uncritically. But for the much greater number of scholars whose expertise has not reached such dizzying heights, it may be possible to become a mujtahid fil-madhhab, that is, a scholar who remains broadly convinced of the doctrines of his school, but is qualified to differ from received opinion within it. There have been a number of examples of such men, for instance Imam al-Nawawi among the Shafi’is, Qadi Ibn Abd al-Barr among the Malikis, Ibn Abidin among the Hanafis, and Ibn Qudama among the Hanbalis. All of these scholars considered themselves followers of the fundamental interpretative principles of their own madhhabs, but are on record as having exercised their own gifts of scholarship and judgement in reaching many new verdicts within them. It is to these experts that the Mujtahid Imams directed their advice concerning ijtihad, such as Imam al-Shafi’i’s instruction that if you find a hadith that contradicts my verdict, then follow the hadith. It is obvious that whatever some writers nowadays like to believe, such counsels were never intended for use by the Islamically-uneducated masses.
Other categories of mujtahids are listed by the usul scholars; but the distinctions between them are subtle and not relevant to our theme. The remaining categories can in practice be reduced to two: the muttabi (follower), who follows his madhhab while being aware of the Quranic and hadith texts and the reasoning, underlying its positions, and secondly the muqallid (emulator), who simply conforms to the madhhab because of his confidence in its scholars, and without necessarily knowing the detailed reasoning behind all its thousands of rulings.
Clearly it is recommended for the muqallid to learn as much as he or she is able of the formal proofs of the madhhab. But it is equally clear that not every Muslim can be a scholar. Scholarship takes a lot of time, and for the ummah to function properly most people must have other employment: as accountants, soldiers, butchers, and so forth. As such, they cannot reasonably be expected to become great ulama as well, even if we suppose that all of them have the requisite intelligence. The Holy Quran itself states that less well-informed believers should have recourse to qualified experts: So ask the people of remembrance, if you do not know (16:43). (According to the tafsir experts, the people of remembrance are the ulama.) And in another verse, the Muslims are enjoined to create and maintain a group of specialists who provide authoritative guidance for non-specialists: A band from each community should stay behind to gain instruction in religion and to warn the people when they return to them, so that they may take heed (9:122). Given the depth of scholarship needed to understand the revealed texts accurately, and the extreme warnings we have been given against distorting the Revelation, it is obvious that ordinary Muslims are duty bound to follow expert opinion, rather than rely on their own reasoning and limited knowledge. This obvious duty was well-known to the early Muslims: the Caliph Umar (r.a.) followed certain rulings of Abu Bakr (r.a.), saying I would be ashamed before God to differ from the view of Abu Bakr. And Ibn Masud (r.a.), in turn, despite being a mujtahid in the fullest sense, used in certain issues to follow Umar (r.a.). According to al-Shabi: Six of the Companions of the Prophet (pbuh) used to give fatwas to the people: Ibn Masud, Umar ibn al-Khattab, Ali, Zayd ibn Thabit, Ubayy ibn Kab, and Abu Musa (al-Ashari). And out of these, three would abandon their own judgements in favour of the judgements of three others: Abdallah (ibn Masud) would abandon his own judgement for the judgement of Umar, Abu Musa would abandon his own judgement for the judgement of Ali, and Zayd would abandon his own judgement for the judgement of Ubayy ibn Kab.
This verdict, namely that one is well-advised to follow a great Imam as ones guide to the Sunnah, rather than relying on oneself, is particularly binding upon Muslims in countries such as Britain, among whom only a small percentage is even entitled to have a choice in this matter. This is for the simple reason that unless one knows Arabic, then even if one wishes to read all the hadith determining a particular issue, one cannot. For various reasons, including their great length, no more than ten of the basic hadith collections have been translated into English. There remain well over three hundred others, including such seminal works as the Musnad of Imam Ahmad ibn Hanbal, the Musannaf of Ibn Abi Shayba, the Sahih of Ibn Khuzayma, the Mustadrak of al-Hakim, and many other multi-volume collections, which contain large numbers of sound hadiths which cannot be found in Bukhari, Muslim, and the other works that have so far been translated. Even if we assume that the existing translations are entirely accurate, it is obvious that a policy of trying to derive the Shariah directly from the Book and the Sunnah cannot be attempted by those who have no access to the Arabic. To attempt to discern the Shariah merely on the basis of the hadiths which have been translated will be to ignore and amputate much of the Sunnah, hence leading to serious distortions.
Let me give just two examples of this. The Sunni Madhhabs, in their rules for the conduct of legal cases, lay down the principle that the canonical punishments (hudud) should not be applied in cases where there is the least ambiguity, and that the qadi should actively strive to prove that such ambiguities exist. An amateur reading in the Sound Six collections will find no confirmation of this. But the madhhab ruling is based on a hadith narrated by a sound chain, and recorded in theMusannaf of Ibn Abi Shayba, the Musnad of al-Harithi, and the Musnad of Musaddad ibn Musarhad. The text is: “Ward off the hudud by means of ambiguities.” Imam al-Sanani, in his book Al-Ansab, narrates the circumstances of this hadith: “A man was found drunk, and was brought to Umar, who ordered the hadd of eighty lashes to be applied. When this had been done, the man said: Umar, you have wronged me! I am a slave! (Slaves receive only half the punishment.) Umar was grief-stricken at this, and recited the Prophetic hadith, Ward off the hudud by means of ambiguities.”
Another example pertains to the important practice, recognised by the madhhabs, of performing sunnah prayers as soon as possible after the end of the Maghrib obligatory prayer. The hadith runs: Make haste to perform the two rakas after the Maghrib, for they are raised up (to Heaven) alongside the obligatory prayer. The hadith is narrated by Imam Razin in his Jami.
Because of the traditional pious fear of distorting the Law of Islam, the overwhelming majority of the great scholars of the past - certainly well over ninety-nine percent of them - have adhered loyally to a madhhab.