Our attitude towards the differences of opinion among the imams
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Firstly:
At the time of the Revelation, the Muslims learned the rulings of Islam from the Prophet
(peace and blessings of Allaah be upon him) through the verses of the Holy Qur’aan and the ahaadeeth of his Sunnah. Hence there were no differences of opinion among them except with regard to some minor issues. If that happened, the Prophet (peace and blessings of Allaah be upon him) would explain to them what was correct. When the Prophet
(peace and blessings of Allaah be upon him) died and the Sahaabah spread out to various regions to teach the people Islam, there appeared some differences with regard to some matters of fiqh which arose at different times and in different places. These differences were due to a number of reasons, which we will sum up here from the words of the scholars: - The evidence had not reached the one who held a different opinion, and he made a mistake in forming his opinion.
- The hadeeth had reached the scholar, but he did not regard the transmitter as trustworthy, and he thought that it went against something that was stronger, so he followed that which he thought was stronger than it.
- The hadeeth had reached him but he forgot it.
- The hadeeth had reached him but he understood it in a way other than the intended meaning.
- The hadeeth reached him but it was abrogated, and he did not know the abrogating text.
- He thought that it contradicted something that was stronger than it, whether that was a text or scholarly consensus (ijmaa’)
- The scholar used a weak hadeeth as the basis for his ruling, or he derived the ruling by means of weak arguments.
For a detailed discussion of these reasons and others, see Raf’ al-Malaam ‘an al-A’immati’l-A’laam by Shaykh al-Islam Ibn Taymiyah, and al-Khilaaf bayna al-‘Ulama’: Asbaabuhu wa Mawqifuna minhu by Shaykh al-‘Uthaymeen.
We think that what we have mentioned about the reasons for differences among the scholars i.e., with regard to matters of fiqh, will be clear to you, in sha Allaah.
Secondly:
What should the Muslim’s attitude be towards differences that arise between the scholars? In other words, which scholarly opinion should the Muslim follow in matters where they differed?
The answer depends:
- If the Muslim is one who has studied shar’i knowledge and learned its basic principles and minor issues, and he can distinguish right from wrong with regard to scholarly views, then he has to follow that which he thinks is correct and ignore that which he thinks is wrong.
- If he is one of the rank and file, or has not studied shar’i knowledge, and thus cannot distinguish between right and wrong with regard to scholarly views, then he must follow the fatwa of a scholar whose knowledge he trusts and who he believes to be trustworthy and religiously committed, whether he is from his own country or another country, and differences between scholars will not matter after that. He does not have to change what he is doing because he hears another scholar issuing a fatwa that differs from the one he is following, unless he realizes that what he learned later on is the correct view, on the basis of his confidence in the religious commitment and knowledge of the second Shaykh.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:
The one who has knowledge of evidence is required to follow the evidence, even if it goes against some of the imams, if it does not go against the consensus of the ummah.
The one who does not have any knowledge should ask the scholars, because Allaah says (interpretation of the meaning): “So ask of those who know the Scripture, if you know not” [al-Nahl 16:43]. He should ask one who he thinks has more knowledge and is more religiously committed, but that does not mean that doing so obligatory, because the one who is better may make a mistake with regard to a particular issue, and the one who is regarded as less knowledgeable may be right with regard to it. But priority should be given to following the one who is more knowledgeable and more religiously committed.
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Shaykh ‘Abd al-Kareem al-Khudayr was asked :
Is it permissible for a Muslim to choose the easiest scholarly opinion?
He replied :
It is not right for a Muslim to choose the easiest opinion, because in this way he will get out of the obligations of sharee’ah, or most of them, because in most matters – apart from the basic principles of Islam – there are differences of opinion. In the past, they used to say that the one who follows the rukhsah (dispensation, easy option) has become a heretic. It is obligatory to choose the scholarly opinion which is most correct according to the daleel (evidence), if one is qualified to examine and weigh up the matter. If a person is not qualified, then he has to follow the scholar who he thinks is most trustworthy in terms of knowledge, commitment to Islam and taqwa.
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Shaykh Muhammad ibn ‘Abd-Allaah al-Duwaysh ,Al-Bayaan magazine was asked :
What is the meaning of the expression, “This is a controversial matter, this is a matter concerning which the fuqahaa’ differed”? What is the correct attitude towards this?
He replied :
Undoubtedly there are matters concerning which there are differences among the scholars, matters which are subject to ijtihaad. What the scholars have said, in the past and in modern times, about controversial matters and ijtihaad is well known, but nowadays it is stirred up in a manner that takes it beyond the framework of research into controversial matters which are the subject of ijtihaad.
- In most cases, controversy is stirred up in matters which are regarded as social or academic issues. The purpose is not mere differences of fiqhi opinion. Many westernizers, for example, stir up issues that have to do with women, concerning which scholarly differences have been reported. The motive for doing this is far removed from mere differences of fiqhi opinion. It is an excuse for westernization that will soon go beyond the disputed issue to affect matters which are indisputably haraam.
- These issues are stirred up by people who are not scholars or fuqahaa’, who do not have a proper understanding of research into matters of sharee’ah. They only adopt the views of fuqahaa’ which happen to suit their own whims and desires.
- In most cases they take things out of context, and the fiqhi dispute is taken as an excuse and is applied to a wider range.
The following has to be said about this matter:
- that there is a difference between matters of controversy and matters which are subject to ijtihaad. Not every issue concerning which there are reports of differences among the scholars can be counted as a matter in which no views may be denounced [i.e., all are acceptable]. That applies only to matters of ijtihaad.
Ibn al-Qayyim (may Allaah have mercy on him) said: “Their view that in matters of dispute no views may be denounced is not correct. The denunciation is directed either at the opinion and fatwa, or at the action. In the first case, if the opinion goes against Sunnah or a well-known ijmaa’ (consensus), it must be denounced unanimously. This confusion arises when the one who says it believes that controversial matters are matters which are subject to ijtihaad, as is believed by groups of people who do not have deep knowledge. The correct view is that of the imaams, which is that there is room for ijtihaad in cases where there is no clear evidence which we should follow, such as a saheeh hadeeth which does not conflict with other evidence of the same calibre . There are many ssues concerning which the earlier and later generations differed, but in many cases we have reached a point of certainty as to which of the two views is correct.” (I’laam al-Muwaqqi’een, vol. 3/288).
- The reference point in all cases must be the texts of the Qur’aan and Sunnah. When there is saheeh evidence it must be referred to and followed; it is not right to follow the opposite view with the excuse that there are differences of opinion on the matter. If the saheeh Sunnah which has been reported via a sound chain from the Prophet (peace and blessings of Allaah be upon him) is rejected because there is someone who says something different concerning this matter, this implies that a person thinks that the words and commands of the Prophet (peace and blessings of Allaah be upon him) do not carry any weight unless people unanimously agree with it, and the fact that someone disagrees with it, no matter who he is, is taken as a reason to take away this authority [of the Sunnah] and leave the matter wide open (to dispute). This is a dangerous path, and the one who follows it needs to review his faith.
- It is essential to pay attention to teaching people to submit to Allaah and to respect the texts of sharee’ah, and to take their religion seriously, and to avoid easy options and the mistakes made by the scholars.
- Beware of entering into debates of fiqh with such people on such topics. This is what they want. It is possible and is acceptable for a man to look into a matter and discuss it with knowledgeable people who understand the specialized terminology of fiqh, and who sincerely desire the truth and are striving for it. But those who stir up these issues do not have a good understanding of the terminology of fiqh or of the objectives of sharee’ah; they are simply interfering with something which they are not qualified to handle, and their desires have led them to indulge in discussing matters of religion.
<wasalam>
