10. Do We Need a New School or Madhab?
Some claim that it is mandatory to adhere to one Imam or one school of Fiqh. This is completely wrong since we are ordered to follow Islam and not to one specific human being. And the person who meets the requirements of Ijtihad does not have to adhere to one specific school of thought. Even if someone is not a Mujtahid, he does not have to follow one specific school. Rather, each individual is ordered to follow the Shari‟ah, which is extracted or deduced by Mujtahids. Consequently, the adherence is to the Shari‟ah and not the Imam or the Mujtahid. This point was emphasised by each of the scholars and Imams.
On the other hand, the claim that we need a new school of Fiqh due to the current situation of the Muslim Ummah is unfounded. Since what is really needed is the application of Islam in a comprehensive way, and not just to develop another school among the other already existing schools of Fiqh. There are however, two factors that must be kept in mind.
1) New problems emerging daily, in every era and every generation, and that 2) The Ummah is ordered to follow the divine rule to solve any problem.
These two factors require therefore, that every generation of the Muslim Ummah must have at least one Mujtahid amongst them in order to address the newly arising problems. In order to deduce the Hukm Shar‟i, this Mujtahid does not have to discuss old problems since they are already addressed. Therefore, in this regard, the need is for Mujtahids to meet the requirements of Ijtihad, in order to address new problems and not necessarily form a new school of thought.
However, the presence of vast numbers of Mujtahids among the Ummah to find solutions to the newly arising problems was greatly reduced when the doors of Ijtihad were closed. This tragic event took place after the sacking of Baghdad in the Seventh Century Hijri. This led to a problem in the Ummah because closing the door of Ijtihad resulted in very few people who could perform Ijtihad. Thus the newly arising problems were not being solved through the Shari‟ah.