Answer: The Faqeeh is required to be a Muhaddith while the Muhaddith is not required to be a Faqeeh. This is because the Muhaddith is a Faqeeh automatically due to the nature of his condition. Did the Companions of Allaah's Messenger, sallAllaahu 'alayhi wa sallam, used to study Fiqh or not? And what was the Fiqh that they used to study? It is that which they used to take from the Messenger of Allaah, sallAllaahu 'alayhi wa sallam (i.e. the hadeeth). So they were in fact studying the hadeeth.
As for those Fuqahaa who study the opinions of the scholars and their Fiqh, while not studying the hadeeth of their Prophet, sallAllaahu 'alayhi wa sallam, who is the source of Fiqh, it must be said to them: "You must study the Science of Hadeeth." This is since we cannot imagine there being a correct Fiqh without knowledge of the hadeeth, memorizing them, authenticating them and declaring them weak. And at the same time, we cannot imagine there being a Muhaddith that is not a Faqeeh.
Thus, the Qur'aan and the Sunnah are the source for all of the Fiqh. As for the Fiqh that is commonly known today then it is the Fiqh of the scholars and not the Fiqh of the Book and the Sunnah. Yes, some of it exists in the Book and the Sunnah, but some of it consists purely of opinions and scholarly deductions. However, in much of these (opinions and deductions), there is a contradiction on their part with the hadeeth, for they were not able to encompass all the knowledge of it.
[Al-Asaalah, Issue# 7]
“Make things easy and do not make things difficult. Give glad tidings and do not repel people..”
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