WHERE THE SCHOLARS DIFFER IN OPINION

WHERE THE SCHOLARS DIFFER IN OPINION

ASSEMBLED BY MALLAM ABBA ABANA, KUBWA, ABUJA, NIGERIA

http://variousislamicdawadocuments.blogspot.com

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DATED 28TH JUNE 2017 CE AND 4TH SHAWWAL 1438 AH

Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu. Praise be to Allaah; we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad (Sallalhu alaihi Wasalam) is His slave and Messenger.

THE SCHOLARS DIFFER IN OPINION IN THE RELIGION

1) We have sometimes more than one shar’i fatwa concerning a fatwa that says it is halaal (permissible) and a fatwa that says it is haraam (forbidden)

2) Issues in which qiyaas (analogy) and ijtihaad (studying an issue within the framework of the Qur’aan and Sunnah) concerning which there is no shar’i text

3) The fatwa of a scholar may go against the fatwas of other shaykhs/scholars in the same country or in other countries etc.

How will you react?

There are many such conditions, which ultimately boil down to two:

1 – Knowledge, because the mufti will be telling people about the rulings of Allaah, and he cannot speak of the rulings of Allaah if he is ignorant of them.

2 – Soundness of character, i.e., he is righteous in all his affairs, he fears Allaah and he keeps away from anything that may undermine his credibility. The scholars are agreed that a fatwa cannot be accepted from one who is immoral, even if he is knowledgeable. This was clearly stated by al-Khateeb al-Baghdaadi.

Whoever meets these two conditions is a scholar whose words may be accepted, but whoever does not meet these conditions is not one of the people of knowledge whose words may be accepted. The words of one who is known to be ignorant or who is known not to be of good character cannot be accepted. Al-Khilaaf bayna al-‘Ulama’ Asbaabuhu wa Mawqifuna minhu, by Shaykh Ibn ‘Uthaymeen, p. 23

ERA OF DESTRUCTION OF THE MUSLIMS

We are in the Era of Dajjals (Liars) who bring about the destruction of the Muslims and cover them with confusion in their religion. How appealing their words are to the brain of banii Aadam!!!

They whisper to the Muslims that differences amongst scholars are blessings upon this ummah. The Muslims now differ as regard their reactions towards difference of opinion in issues of Aqeedah and fiqh. Amongst them are those who see the correctness of acting upon any of two contrary opinions made by ‘scholars’; and amongst them are those who follow the opinion of the majority; and of them are those who choose what they refer to as ‘fair and lenient opinion.’ However, Allah the Most High says:

“Then if you disagree in anything, refer it to Allah and the Messenger, if you believe in Allah and the Last Day. That is best and more suitable for (final) determination.” [Holy Quran Chapter 4:59]

Thus, it is incumbent on every Muslim to refer every controversial issues to the Book of Allah and the authentic ahaadeeth of His Messenger -salla llaah alayhi wa sallam. Whichsoever opinion conforms to the Qur’an and Sunnah is the truth and the right path even if only few are upon it, and whatever contradicts the Qur’an and Sunnah is wrong and a misguidance even if majority holds to it. Why should majority be used as yardstick for determining what is right after which Allah has decreed from above the seventh heaven that:

“And most of the people, although you strive [for it], are not believers.” [Holy Quran Chapter 12:203]

“And Iblees had already confirmed through them his assumption, so they followed him, except for a party of believers.” [Holy Quran Chapter 34:20]

“And if you obey most of those upon the earth, they will mislead you from the way of Allah. They follow not except assumption, and they are not but falsifying.” [Holy Quran Chapter 6:116]

Therefore, for any difference of opinion, the Muslim is not ‘free’ to choose whatever pleases him rather, Allah from above the seventh heaven enjoins him to examine the matter on the basis of the Qur’an and Sunnah and follow what conforms to both. If a Muslim follows an opinion base on his whims and desire, he is definitely toying with the torment of Allah.

As a matter of fact, there is no point in hiding under the umbrella of “difference of opinion” as there is no religious issue concerning which there is no difference.

“And if your Lord had willed, He could have made mankind one community; but they will not cease to differ. Except whom your Lord has given mercy, and for that He created them. But the word of your Lord is to be fulfilled that, ‘I will surely fill Hell with jinn and men all together.'” [Holy Quran Chapter 11:118-119]

Scholars differ as to whether the Kuffaar will abide in hell forever or not; scholars differ as to whether the Christians are kuffaar or not; scholars differ as to whether grave worshippers are idol worshippers absolutely; scholars differ as to whether Allah establishes Himself over His mighty throne or not; and several other differences regarding the foundation of Islam. However, do not follow an opinion out of those numerous opinions base on your whims and desire, else you leave the fold of Islam then you abide forever in hell.

OPINIONS CONFORM TO THE QUR’AN OR SUNNAH

The Salaf Saalih also warned against taking any of their views without critically examining whether it conforms to the Qur’an or Sunnah:

Imam Abu Haneefah said:

“If the hadeeth is saheeh then that is my madh-hab (way).”

And he said:

“It is not permissible for anyone to follow what we say if they do not know where we got it from.”

According to another report he said:

“It is haraam for the one who does not know my evidence to issue a fatwa based on my words.”

And according to another report he added:

“We are human, we may say something today and retract it tomorrow.”

And he said:

“If I say something that goes against the Book of Allaah or the report of the Messenger (peace and blessings of Allaah be upon him), then ignore what I say.”

Imam Maalik (may Allaah have mercy on him) said:

“I am only human, sometimes I make mistakes and sometimes I get things right. Look at my opinion and whatever is in accordance with the Qur’aan and Sunnah, take it, and whatever is not in accordance with the Qur’aan and Sunnah, ignore it.”

And he said:

“There is no one after the Prophet (peace and blessings of Allaah be upon him) whose words cannot be taken or left, apart from the Prophet (peace and blessings of Allaah be upon him).”

Imam al-Shaafa’i (may Allaah have mercy on him) said:

“There is no one who will not be unaware of some of the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him). Whatever I say or whatever guidelines I establish, if there is a report from the Messenger of Allaah (peace and blessings of Allaah be upon him) which is different to what I said, then what matters is what the Messenger of Allaah (peace and blessings of Allaah be upon him) said, and that is my opinion.”

Imam Ahmad said:

“Do not follow me blindly and do not follow Maalik or al-Shaafa’i or al-Awzaa’i or al-Thawri blindly. Learn from where they learned.”

And he said:

“The opinion of al-Awzaa’i and the opinion of Maalik and the opinion of Abu Haneefah are all mere conjecture and it is all the same to me. Rather evidence is to be found in the (Shar’ee) reports – i.e., in the shar’i evidence.”

This is what should be the reaction of the Muslim when differences arise. The truth is one and not numerous. “And what can be beyond truth except error?!” [Holy Quran Chapter 10:32]

OUR ATTITUDE TOWARDS DIFFERENCES AMONG THE SCHOLARS

If the Muslim has enough knowledge to enable him to compare the views of the scholars based on the evidence and to decide which is more likely to be correct, and he can tell what is more correct and more likely to be correct, then he must do that, because Allaah has commanded us to refer disputed matters to the Qur’aan and Sunnah, as He says (interpretation of the meaning):

“(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination”[ Holy Quran Chapter al-Nisa’ 4:59]

So he should refer the disputed matter to the Qur’aan and Sunnah, and whatever appears to him to be more correct, based on the evidence, is what he should follow, because what is obligatory is to follow the evidence, and he may refer to the words of the scholars to help him understand the evidence.

But if the Muslim does not have sufficient knowledge to enable him to decide which of the scholarly opinions is more likely to be correct, then he should ask the people of knowledge whose knowledge and religious commitment he trusts and then follow the advice or fatwas they give. Allaah says (interpretation of the meaning): “So ask the people of the Reminder if you do not know”[ Holy Quran Chapter al-Anbiya’ 21:43].

The scholars have stated that the madhhab of the common man is the madhhab of his mufti.

If their opinions differ, then he should follow the one who is most trustworthy and most knowledgeable. This is like when a person falls sick – may Allaah give us all good health – and he looks for the most trustworthy and knowledgeable doctor so that he can go to him, because he is most likely to give him the right treatment than anyone else. It is more important to be on the safe side in religious matters than in worldly ones.

It is not permissible for the Muslim to follow whatever scholarly opinion suits his desires if it goes against the evidence, or to seek fatwas from those who he thinks are going to be lenient in their fatwas.

Rather he has to be on the safe side when it comes to his religion, and ask the scholars who have the most knowledge and are most fearing of Allaah. Al-Khilaaf bayna al-‘Ulama’ by Shaykh Ibn ‘Uthaymeen, 26; Liqa’ Munawwa’ ma’a Shaykh Saalih al-Fawzaan, p. 25, 26

Is it befitting for a wise man to take precautions for his physical health and go to the most skilled doctors no matter how far away they are, and spend a great deal of money on that, then take the matter of his religion lightly and not to care about it unless it coincides with his whims and desires, and to take the easiest fatwa even if it is contrary to the truth? Indeed, there are even people who – Allaah forbid – ask a scholar a question, and if his fatwa does not suit their whims and desires, they will ask another, and another, until they find a person who will give them the fatwa they want!

There is no scholar who does not have some issues in which he strove to make a decision on the basis of ijtihaad but failed to reach the right answer, but he is excused for that and he will have a reward for his ijtihaad, as the Prophet (peace and blessings of Allaah be upon him): “If a judge passes a ruling to the best of his ability and knowledge and gets it right, he will have two rewards. If he passes a ruling to the best of his ability and knowledge but gets it wrong, he will have one reward.” (al-Bukhaari, 7352; Muslim, 1716).

It is not permissible for the Muslim to follow the errors and mistakes of the scholars, for that combines all kinds of evil. Hence the scholars said: whoever follows that concerning which the scholars differed, and takes the easiest of their fatwas, becomes a heretic, or close enough. Ighaathat al-Lahfaan, 1/228. Heresy means hypocrisy.

We ask Allaah to give us understanding and to help us to acquire beneficial knowledge and to do righteous deeds.

CONCLUSION

What is the Muslim’s attitude towards the differences of the scholars described above? As a matter of fact, there is no point in hiding under the umbrella of “difference of opinion” as there is no religious issue concerning which there is no difference.

We adopt a simple method of Knowledge of the mufti on the rulings of Allaah; His Soundness of character that he is righteous in all his affairs and fears Allaah. Then the scholar’s fatwa are accepted but if he is immoral, even if he is knowledgeable, you object to his fatwa.

And Allaah knows best. May Allaah bless our Prophet Muhammad and grant him peace.

 

References

https://islamqa.info/en/22652, Sheikh Muhammed Salih Al-Munajjid

https://islamissunnah.wordpress.com/2017/04/20/732/

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