Should every country be obliged to follow a particular madhhab (school of thought)?
Question

                Should every country be obliged with a specific school of thought? Should it be the only school of thought to be taught in this country, not any other madh-hab? I mean to teach the rulings prescribed by a specific school of thought regardless the other opinions? May Allah reward you!.
Praise be to Allah.
    With regard to ijtihaad and taqleed, people in a country fall 
    into two categories: 

    1 – The scholars and mujtahids who have reached a level of 
    shar’i knowledge where they have the tools of ijtihaad and instinbaat, 
    whereby they are able to derive rulings. Their duty is to follow the truth 
    wherever they see it, on the basis of evidence. 

    2 – The vast majority of people – those who have not 
    specialized in study of shar’i sciences or have not reached the level of 
    being able to engage in ijtihaad and being qualified to issue fatwas. These 
    are the majority of people, or those who are educated and specialized in 
    other fields of knowledge. 

    Their duty – in both shar’i and natural terms – is to ask the 
    people of knowledge and take from them. We see this in the words of Allaah 
    (interpretation of the meaning): 

    “So ask of those who know the Scripture, if you know not”

    [al-Nahl 16:43]

    So the people of each country are obliged to ask the scholars 
    and follow their fatwas, but they are not to follow absolutely in the sense 
    that they regard the one whom they follow as infallible and sacred, with the 
    right to legislate and decide religious issues on the basis of their own 
    ideas– as happened among the Jews, Christians, Raafidis, extreme Sufis and 
    Baatinis – because that is going beyond the bounds of religion and taking 
    rivals and gods besides Allaah, and Allaah says (interpretation of the 
    meaning): 

    “They (Jews and Christians) took their rabbis and their 
    monks to be their lords besides Allaah (by obeying them in things which they 
    made lawful or unlawful according to their own desires without being ordered 
    by Allaah), and (they also took as their Lord) Messiah, son of Maryam 
    (Mary), while they (Jews and Christians) were commanded [in the Tawraat 
    (Torah) and the Injeel (Gospel)] to worship none but One Ilaah (God — 
    Allaah) Laa ilaaha illa Huwa (none has the right to be worshipped but He). 
    Praise and glory be to Him (far above is He) from having the partners they 
    associate (with Him)”

    [al-Tawbah 9:31]

    The idea behind obliging people to follow the fatwas of the 
    scholars is to enable them to learn the rulings of sharee’ah via the 
    specialists who have studied the principles and usool of sharee’ah and have 
    reached the stage of being qualified in that field of knowledge based on 
    evidence, not sanctity given in the name of the Lord or in the name of 
    “sainthood” and other such false notions. 

    Ibn Taymiyah said in Majmoo’ al-Fataawa (20/211): 

    Allaah has enjoined upon mankind to obey Him and obey His 
    Messenger  (peace and blessings of Allaah be upon him), but He has not 
    enjoined upon this ummah to obey anyone in particular in all that he enjoins 
    or forbids, apart from the Messenger of Allaah  (peace and blessings of 
    Allaah be upon him). Even the Siddeeq of this ummah and the best of them 
    after its Prophet (i.e., Abu Bakr) said: “Obey me so long as I obey Allaah, 
    but if I disobey Allaah, then you are not obliged to obey me.” They are all 
    unanimously agreed that there is no one who is infallible in all that he 
    enjoins or forbids except the Messenger of Allaah  (peace and blessings 
    of Allaah be upon him). Hence more than one of the imams said: The words of 
    any person may be adopted or abandoned except the Messenger of Allaah  
    (peace and blessings of Allaah be upon him). End quote. 

    Secondly: 

    There remains the question of defining the scholars or 
    scholarly references who are to be relied upon. 

    We may say that there are two scholarly sources to whom 
    reference should be made at an ummah-wide level and at an individual level. 
    They are: 

    1.Contemporary resources, 
    represented by fiqh councils and sharee’ah committees which are established 
    by trustworthy religious scholars; individual scholars who are qualified and 
    specialized in shar’i sciences, from whom the people should learn and 
    benefit from their guidance, especially with regard to issues in people’s 
    daily lives and in novel, contemporary issues, and also with regard to 
    matters which need to be reviewed and thoroughly re-examined in the light of 
    shar’i and rational evidence, paying attention to people’s interests and 
    warding off evils, alleviating difficulty and avoiding hardship, in cases 
    where following one of the  four madhhabs may cause difficulty and hardship, 
    because one of the basic aims of sharee’ah is to make things easy, not cause 
    hardship.

    2.Classical resources, namely the 
    four well known madhhabs, the Hanafi, Maaliki, Shaafa’i and Hanbali. These 
    resources are more deserving of being followed and their teachings adhered 
    to, because the laws that people agree to refer to and use to judge between 
    themselves; the curriculum that is decided for seekers of knowledge in 
    halaqahs and schools and at different academic stages that those who 
    specialize in sharee’ah and fiqhi knowledge go through; the legacy which 
    should be well established in people’s minds, and form their fiqhi culture; 
    the source that everyone who does not have the opportunities that the 
    mujtahideen have to study many issues and reach a conclusion concerning it; 
    and the discipline that puts an end to conflicts and disputes in society and 
    blocks the door to whims and desires and weird opinions – all of that is 
    represented in the four madhhabs, which is the greatest reason why they 
    should be followed.

    Al-Haafiz ibn Rajab says in his essay entitled al-Radd 
    ‘ala man attaba’a ghayra al-Madhaahib al-Arba’ah (2/624) (which was 
    published in a collection of his essays): 

    The wisdom of Allaah dictated that this religion and its 
    guidelines should be protected by means of appointing leaders of the people 
    concerning whom the ummah is unanimously on their knowledge and 
    understanding, and that they reached the highest level of knowledge of 
    rulings and fatwas among ahl al-ra’y wa’l-hadeeth. So the people became 
    dependent on them for fatwas, and referred to them to understand rulings. So 
    Allaah guided them to set guidelines for their madhhabs and explain 
    foundations and principles, so that the madhhab of each imam has its own 
    guidelines, principles and categories, in the light of which rulings and 
    issues of halaal and haraam are to be understood.  

    This is by the mercy of Allaah towards His slaves, and it is 
    one of the ways in which He preserves this religion. 

    Were it not for that, people would have seen strange things, 
    whereby every fool who was filled with self-admiration could have tried to 
    mislead the people; so you would have seen such fools claiming to be great 
    imams, saying that they were the guide of this ummah and the only ones to 
    whom people should refer and rely on, to the exclusion of all others. 

    But by the mercy and grace of Allaah, this door, which could 
    have lead to grave danger, has been blocked and these great evils have been 
    kept away. That is a sign of His great mercy and kindness towards His 
    slaves. 

    Despite this, there are still those who claim to have reached 
    the level of ijtihaad and talk about issues of knowledge without following 
    any of these four imams. 

    The claims of some of them may be accepted because of 
    evidence which proves their claims, and others may be rejected. As for those 
    who did not reach this level, they have no choice but to follow those imams 
    and join in what all the ummah joined in. End quote. 

    He also said (2/628):  

    If it is asked: What do you say about the fact that Imam 
    Ahmad and other imams forbade imitating or following them, or writing their 
    words, as Imam Ahmad said: Do not write down my words or the words of So and 
    so; learn as we learned? This appears often in their words. 

    We say: No doubt Imam Ahmad (may Allaah be pleased with him) 
    told them not to study the opinions of the fuqaha’ and spending time on 
    memorizing them and writing them down, and he enjoined instead: spending 
    time on studying the Qur’aan and Sunnah, seeking to memorize and understand 
    and write and study them; writing down the reports of the Sahaabah and 
    Taabi’een rather than the words of those who came after them; determining 
    which reports were sound and which were unsound, what may be followed and 
    what is odd and should be rejected. No doubt this is what one should pay 
    attention to and spend one’s time learning, before anything else. 

    Whoever studies that and attains a high level of knowledge – 
    as Imam Ahmad enjoined people to do – his knowledge will become close to 
    that of Ahmad. For this person there are no restrictions, and we are not 
    speaking about him here. Rather what we are speaking about is restraining 
    those who have not reached this pinnacle, who understand only a little, as 
    is the case with people nowadays, and as has been the case for a long time; 
    even though many claim to have reached this pinnacle, most of them have not 
    progressed beyond a beginner level. 

    The one who studies the history of fiqh and legislation will 
    realize that throughout all stages it was built on the efforts of some 
    scholars who became known among people for their knowledge, and news of 
    their virtue and piety spread far and wide, then people began taking 
    religious rulings from them, in most cases referring to their statements and 
    fatwas.  

    Ibn al-Qayyim said in I’laam al-Muwaqqi’een (1/17): 

    Religion, fiqh and knowledge became widespread in the ummah, 
    narrated from the companions of Ibn Mas’ood, the companions of Zayd ibn 
    Thaabit, the companions of ‘Abd-Allaah ibn ‘Umar and the companions of 
    ‘Abd-Allaah ibn ‘Abbaas. Most of the knowledge that the people have comes 
    from the companions of these four. For the people of Madeenah, their 
    knowledge came from the companions of Zayd ibn Thaabit and ‘Abd-Allaah ibn 
    ‘Umar. For the people of Makkah, their knowledge came from the companions of 
    ‘Abd-Allaah ibn ‘Abbaas. For the people of Iraq, their knowledge came from 
    the companions of ‘Abd-Allaah ibn Mas’ood. End quote. 

    The scholar and commentator Ahmad Pasha Taymoor (may Allaah 
    have mercy on him) said in al-Madhaahib al-Fiqhiyyah al-Arba’ah 
    (16-17): Before the emergence of these madhhabs, at the time of the Sahaabah 
    and Taabi’een, fatwas were taken from the qurra’s among them, who were the 
    bearers of the Book of Allaah and understood its meanings. When their era 
    finished and the generation of the Taabi’een came after them, the people of 
    each country followed the fatwas of the Sahaabah who had been among them, 
    and they did not go beyond that except in a few matters that reached them 
    from others. So the people of Madeenah for the most part followed the fatwas 
    of ‘Abd-Allaah ibn ‘Umar; the people of Kufah followed the fatwas of 
    ‘Abd-Allaah ibn Mas’ood; the people of Makkah followed the fatwas of 
    ‘Abd-Allaah ibn ‘Abbaas; and the people of Egypt followed the fatwas of 
    ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas. 

    After the Taabi’een came the fuqaha’ of the various regions, 
    such as Abu Haneefah, Maalik and others whom we have mentioned and whom we 
    have not mentioned. So the people of each region followed the madhhab of the 
    faqeeh for the most part. There are reasons why some of these madhhabs 
    spread in other lands and some became extinct… End quote. 

    That does not mean that one should blindly adhere to one 
    madhhab or opinion, in the sense of obliging people to follow it to the 
    letter without any ijtihaad or effort to correct it. Rather the point is 
    that the school of fiqhi thought that people, seekers of knowledge and 
    scholars should study should be taken from one of the four madhhabs. Then, 
    if it becomes clear to one who is qualified to engage in ijtihaad that the 
    madhhab is mistaken on a specific issue, he should reject that fatwa and 
    follow the view that he thinks is correct from the other madhhabs. 

    Thus people may adhere to the academic way which was followed 
    by the salaf and imams, and they may rid themselves of some of the negatives 
    that resulted from ignorance and blind following. 

    It says in Fataawa al-Shaykh Muhammad ibn Ibraheem 
    (2/10, tape 2): 

    Following one of the four madhhabs is correct, rather it is 
    like consensus, and there are no reservations about that, such as saying 
    that one follows one of the four, because they are qualified imams according 
    to consensus. 

    People have two extremes and a moderate way with regard to 
    that: 

    Some people do not think that we should follow any madhhab at 
    all. This is wrong. 

    Some follow their madhhab to the letter without paying any 
    attention to study or research. 

    Some people think that following a madhhab is correct and 
    there are no reservations about it, so wherever they find stronger evidence 
    with one of the four or with someone else, they follow it. In cases where 
    the issue is supported by a text or is clear, no attention should be paid to 
    the madhhabs, but if there is an issue concerning which there is no text or 
    it is not clear, but there are some views concerning it in these madhhabs, 
    and you see stronger evidence with a scholar who differs from these four 
    madhhabs, then you may follow that. End quote. 

    It says in Fataawa al-Lajnah al-Daa’imah (5/28): 

    What is the ruling on restricting oneself to the four 
    madhhabs and following their opinions in all circumstances and at all 
    times? 

    Answer: 

    -The one who is able to derive 
    rulings directly from the Qur’aan and Sunnah should derive them as those who 
    came before him did. There is no justification for him to follow a view when 
    he believes that the correct view is something opposite. Rather he should 
    follow what he believes is true. It is permissible for him to follow 
    (another scholar) with regard to that which he is not able to work out 
    himself and he needs an answer concerning it.

    -It is permissible for one who 
    is not able to derive rulings to follow one whom he feels comfortable 
    following. But if he feels any sense of unease he should ask until he feels 
    comfortable.

    -From the above it is clear that 
    their views should not be followed in all situations and at all times, 
    because they may be wrong; rather the truth of what they say, for which 
    there is evidence, should be followed. End quote.

    It also says (5/54-55): 

    All of these came after the Messenger of Allaah  (peace 
    and blessings of Allaah be upon him) and were among the best people of their 
    time (may Allaah be pleased with them). They strove hard to base their 
    rulings on the Qur’aan and the ahaadeeth of the Messenger  (peace and 
    blessings of Allaah be upon him). That on which the Sahaabah (may Allaah be 
    pleased with them) were unanimously agreed and which they explained to the 
    people is the truth. Their views have been transmitted to us and have spread 
    among Muslims in all lands. Many of the scholars who came after them 
    followed them because they trusted them and felt comfortable entrusting 
    their religious commitment to them, because they agreed on the general 
    principles that they followed and spread their views among the people. Those 
    who followed them of the ordinary people and acted according to what they 
    learned of their views may be attributed to the ones they followed. Yet (the 
    ordinary Muslim) has to ask those whom he trusts of the scholars of his own 
    era and cooperate with them in order to understand the correct view on the 
    basis of evidence. 

    From the above it is clear that they are followers of the 
    Messenger  (peace and blessings of Allaah be upon him), and the 
    Messenger is not a follower of them. Rather what he brought from Allaah of 
    the laws of Islam is the basis to which all these imams and others referred. 
    Any Muslim may be called haneefi because he follows the easy haneefi way 
    which is the way of Ibraaheem and the way of our Prophet Muhammad  
    (peace and blessings of Allaah be upon him). 

    See also questions no. 
    5523, 5459,
    23280 and
    26269. 

    And Allaah knows best.