The Opinions Of The ‘ulamaa In Respect To Working With Shar’u Min Qablinah
The ‘Ulamaa have differed in respect to the Hujjiyah (legal validity as a source) of the Shar’u Min Qablinaa that has been mentioned in our Share’ah without denial or affirmation (support). Are we addressed by it or not? Their opinions in regards to this are as follows:
1 – The majority of the Ahnaaf, the Maalikiyah and some of the Shaafi’iyah in addition to Ahmad in one view attributed to him, upheld that the Shar’u Min Qablinaa that is mentioned in our Sharee’ah without Inkaar (denial or rebuke) and without Ta’yeed (support) is also a Shar’a for us and that we are bound to follow it. To support their opinion, they used the Qawl of Allah Ta’Aalaa as evidence:
They are those whom Allah had guided. So follow their guidance (Al-An’aam 90).
In addition to His Qawl (swt):
He has ordained for you of religion what He enjoined upon Nuh and that which We have revealed to you, [O Muhammad], and what We enjoined upon Ibrahim and Musa and Isa - to establish the religion and not be divided therein (Ash-Shooraa 13).
And by the Qawl of the Messenger (saw):