How do we know if someone is a scholar and how do we distinguish between what level a scholar is i.e. Mufti or not so we can put him at his level and not be unjust. What is the correct position towards Sheikh Ibn Baz, Ibn Uthaymeen and Al-Albani without doing ghuloo with regards to them.?


Praise
be to Allah

We do not agree with the view of some of the scholars of
usool al-fiqh who say that the one who is not specialised in Islamic
sciences will not be able to make the effort to find out and select the
scholars who are qualified to engage in ijtihaad, and distinguish them
from others, especially when nowadays we are living in a time when
knowledge and education have become widespread by the grace of Allah,
may He be glorified, as many people now possess means that help to
direct their thoughts and enables them to make choices. 

Here we may point out some signs and indications that will
help one in this regard. They are: 

Firstly: 

The sign of the scholar and faqeeh who is qualified to issue
fatwas is that he is able to use as evidence the verses of the Qur’an and
the hadiths of the Prophet (blessings and peace of Allah be upon him),
distinguishing what is sound from what is not, what abrogates and what is
abrogated, what is specific in meaning and what is general in meaning, and
who understands the meaning and the context of revelation. That is because
the true scholar is the one who gives precedence to the Holy Qur’an in his
list of priorities, because it is the source of knowledge and fiqh, and is
the basis of sharee‘ah and rulings. 

Secondly: 

Another sign of the scholars is that they are very
religiously committed and have a good attitude, and they are also keen to
follow the example of the righteous of the early generations, namely the
Sahaabah and Taabi‘een, and the leading scholars. So in general they do not
drift away from their path, and every fatwa or word that they utter they
attribute to one of the earlier leading scholars such as Abu Bakr, ‘Umar,
Sufyaan, al-Awzaa‘i, Abu Haneefah, Maalik, ash-Shaafa‘i, Ahmad, al-Ghazaali,
al-‘Izz ibn ‘Abd as-Salaam, an-Nawawi, Ibn Taymiyah, Ibn al-Qayyim, Ibn
Katheer, Ibn Hajar and other scholars of Islam concerning whose prominence
in knowledge, devotion and sincerity the Muslims do not differ. 

But if you find anyone nowadays who does not refer to these
scholars or show any pride in them, and does not follow their general
methodology in understanding the Islamic texts, then you should realise that
he is not one of those who follow (the earlier generations) in truth; rather
he is one of those who drifted away from their path and chose innovation. 

What is referred to here is following the proper methodology
in seeking knowledge, not blind imitation in every matter, major or minor,
for the words of anyone may be accepted or rejected, except the Prophet
(blessings and peace of Allah be upon him). 

Thirdly: 

One of the most prominent signs of the true scholar and
sincere mufti, which we tell people about, is that they do not attribute
themselves to a small group and they do not call themselves by a name or
claim to follow something that is not part of the ummah; rather they
attribute themselves to this ummah and regard themselves as part of it, past
and present, throughout the entire history of Islam. As for the one who
claims to belong to some specific group with specific beliefs, such as the
Bareilawis, Deobandis, Qadianis and so on, or who distinguishes himself from
the main body of Ahl as-Sunnah wa’l-Jamaa‘ah, with some newly-invented name
or some special way of worshipping, this is usually a sign of innovation and
drifting away from the path of the Sunnah. If the belief he holds is the
belief of the Muslims of Ahl as-Sunnah, then why does he need to describe
himself as being something other than them, or call himself by a name other
than the name that Allah gave to them? Allah, may He be glorified and
exalted, says (interpretation of the meaning):


“And strive
hard in Allah’s Cause as you ought to strive (with sincerity and with all
your efforts that His Name should be superior). He has chosen you (to convey
His Message of Islamic Monotheism to mankind by inviting them to His
religion, Islam), and has not laid upon you in religion any hardship, it is
the religion of your father Ibrahim (Abraham) (Islamic Monotheism). It is He
(Allah) Who has named you Muslims both before and in this (the Quran), that
the Messenger (Muhammad (blessings and peace of Allah be upon him)) may be a
witness over you and you be witnesses over mankind! So perform AsSalat (Iqamat-as-Salat),
give Zakat and hold fast to Allah (i.e. have confidence in Allah, and depend
upon Him in all your affairs) He is your Maula (Patron, Lord, etc.), what an
Excellent Maula (Patron, Lord, etc.) and what an Excellent Helper!”


[al-Hajj 22:78]

However, for one to attribute himself to some da‘wah
activities with the aim of working together as a group to achieve some
practical goals, that is not what we mean here and there is no reservation
concerning that. Similarly, attributing oneself to one of the four madhhabs
is not what we are referring to here. Rather what we mean is attributing
oneself to a set of beliefs of some group that has adopted some specific
beliefs that are not part of the beliefs of Ahl as-Sunnah wa’l-Jamaa‘ah, and
they unite on that basis and regard people as friends or enemies
accordingly. 

Fourthly: 

There is nothing wrong with taking academic certification
into account, and taking it into consideration, especially postgraduate
certification in a particular specialty from a prominent university that is
recognised throughout the Muslim world in that specialty. In fact it is
often important – when asking about a specific problem or issue that needs
research and examination – to ask about who has specialised in this issue in
his postgraduate studies, and written a Masters or PhD thesis on it. Such
research is often well done, because of the care and attention of the
universities concerned, the supervision of specialist professors and the
fact that the writer was subjected to debate and discussion concerning
everything he wrote in it. 

But that does not mean that everyone who has a degree in
sharee‘ah from any university has reached the right level of knowledge that
qualifies him to issue fatwas concerning religious issues. That is not what
we are referring to here. We have seen very many people who have such
degrees but they are not well versed in knowledge or in fiqh, and they are
not qualified to issue fatwas, because they fell short and did not persist
in acquiring more knowledge. 

Rather what is meant is that this sign may be regarded as
secondary evidence, after verifying that he has a degree, or as
corroborative evidence that may be added to other signs. 

Fifthly: 

One of the most important signs that we advise people to pay
attention to is that this  mufti or scholar should be someone who became
famous for his sincerity and knowledge among the academic elite and
specialised circles, not only among ordinary people. Rather scholars and
specialists should testify to his understanding and skill, and they should
acknowledge that he is well versed and his views are well-founded. Here we
will quote as evidence what the scholars of hadith have said about ways of
proving that a narrator is of good character. Ibn al-Salaah said: His sound
character may be proven when two other scholars state that he is of good
character, or because it is widely known. If a person is widely known to be
of good character among the scholars of hadith or other scholars, and he was
widely praised for his trustworthiness and honesty, there is no need for a
statement from specific people testifying to his good character. This is the
correct view according to the madhhab of ash-Shaafa‘i (may Allah have mercy
on him), and it is the principle that is adopted in the field of usool al-fiqh.

End quote from Muqaddimat Ibn as-Salaah (p. 105) 

Being famous for knowledge in academic circles is a
sufficient sign to make one turn to that scholar and ask him about issues
that are not clear in one’s mind. 

But all that we have mentioned above is no more than signs
that come under the heading of indicators; they are not means of being
certain. Certainty is only possible for those who are specialists in the
same field of knowledge. 

Ibn as-Salaah (may Allah have mercy on him) said: 

The ordinary person (who follows a scholar) must definitely
research matters in order to know whether the one he is asking is qualified
to issue fatwas, if he does not have previous knowledge of that. It is not
permissible for him to ask for fatwas anyone who claims to have knowledge,
even if he is involved in teaching or preaching, or any other position of
knowledge, just because he claims to have knowledge. 

It is permissible for him to ask for a fatwa from one who is
widely known among the people to be qualified to issue fatwas. 

According to some later scholars, his being famous for
issuing fatwas, when it is widely known, does not give certainty concerning
him unless there is some tangible evidence. Being widely known among
ordinary people is not something reliable, because it could be based on
confusion and pretence. 

It is also permissible to ask a person who one has been told
is qualified, but one should not be content nowadays to ask someone just
because he gives fatwas or is known to deal in that, but is not known to be
qualified to do so. See: Adab al-Mufti wa’l-Mustafti (p. 158). Also
quoted by an-Nawawi in al-Majmoo‘ (1/54) and Ibn Taymiyah in al-Mustadrak
‘ala Majmoo‘ al-Fataawa
(2/259) for more information, please see fatwa
no. 145071 

With regard to Shaykh Ibn Baaz, Shaykh Ibn ‘Uthaymaan and
Shaykh al-Albaani (may Allah have mercy on him), they are very famous and
well known among the scholars and those who specialise in Islamic knowledge,
and they are among the best examples that explain the signs discussed above.
They combined all the characteristics of knowledge, goodness and virtue, by
Allah’s leave, and many people attested to that. On our website there are
several answers speaking of them, among which is fatwa no.
113687

Among the most important reference books which give detailed
biographies of them, and highlight the praise of the scholars for them and
their high status in the current era are the following books: 

1.    
Imam al-‘Asr
by Naasir az-Zahraani

2.    
Ash-Shaykh Ibn Baaz
by Maani‘ al-Juhani

3.    
Al-Injaaz fi Seerat
al-Imam ‘Abd al-‘Azeez ibn Baaz

by ‘Abd ar-Rahmaan ar-Rahmah

4.    
Al-Jaami‘ li Hiyaat al-‘Allaamah
Muhammad ibn Saalih al-‘Uthaymeen

by Waleed al-Hasan

5.    
Ibn ‘Uthaymeen al-Imam
az-Zaahid
by Naasir
az-Zahraani

6.    
Hayaat al-Albaani wa
Athaaruhu wa Thana’ al-‘Ulama’ ‘alayhi

by Muhammad Ibraaheem ash-Shaybaani 

And Allah knows best.