[Surah al-Baqarah: 213].
Allah Most High also said:
“Whatever you differ over, its judgment belongs to Allah.”
[Surah al-Shūrā: 10].
And He said:
“If you disagree over anything, refer it to Allah and the Messenger.”
[Surah al-Nisā’: 59].
In matters shared by the Muslim community, none but the Book and the Sunnah may be made the judge. No one has the right to bind people (1) to the opinion of a scholar, ruler, shaykh, or king.
Whoever believes himself entitled to judge among people by any such opinion, rather than judging between them by the Book and the Sunnah, is a disbeliever. The rulers of the Muslims issue judgments in specific cases, not in universal matters. When they rule in specific cases, they must judge according to what is in Allah’s Book; if no ruling is found there, then according to what is in the Sunnah of Allah’s Messenger—may Allah bless him and grant him peace. If they find nothing, the judge must exercise independent judgment according to his considered opinion.
The Prophet—may Allah bless him and grant him peace—said:
“There are three kinds of judges: two are in the Fire and one is in Paradise. Whoever knows the truth and judges according to it is in Paradise; whoever knows the truth but judges contrary to it is in the Fire; and whoever judges among people out of ignorance is in the Fire.” (2)
When a judge rules with knowledge and justice, then if he exercises independent judgment and reaches the correct conclusion (3), he receives two rewards; and if he exercises independent judgment but errs, he receives one reward. This is established in the two Sahīh collections from the Prophet—may Allah bless him and grant him peace—through two routes of transmission (4).