The Disagreement of Fiqh Assemblies and the People's Position Toward It
Machine translationRead the Arabic original
The questioner:
What if the Fiqh Assembly, for example, in the Kingdom of Saudi Arabia, issues a fatwa on a specific issue, and then a fatwa is issued by another Fiqh Assembly in an Islamic country that contradicts that decision? How is there agreement between these two decisions, or between these two instances of ijtihad?
The Shaykh:
There is no doubt that disagreement exists between mujtahids and between fuqaha, whether at the level of individuals or at the level of Fiqh Assemblies. Yes, disagreement and difference in this matter exist, and it is prevalent, because it is required of Muslims and the scholars of Muslims that they exert their judgment (ijtihad) and seek the truth and the evidence. Not everyone is bound by the ijtihad of another unless the ijtihad that was issued has had its evidence clarified and its correctness established. If its correctness is clear and its evidence is sound, then no one is unable to contradict it. However, as long as the matter is a possibility within the scope of ijtihad, then ijtihad is specific to scholars, whether at the level of individuals or... or... or... or bodies. Yes, yes, the scope exists, and the general rule is that there is no disagreement, praise be to Allah. Usually, from the six minarets... student. Because the goal is one, which is reaching the truth. Yes.
Especially in important matters, the important and essential matters, the general rule is that the views of the scholars who are present, and it is known that no one is appointed to these assemblies or nominated for them unless he has the qualification and is at a level of religion and knowledge. Therefore, disagreement is rare, praise be to Allah, in important matters. As for detailed matters, the methods may differ, and this difference is... praise be to Allah. Praise be to Allah. Because these differences return to the Book and the Sunnah. If it agrees with the Book and the Sunnah, he reaches it; and if the Book and the Sunnah do not say it, even if its holder is a mujtahid. Yes, and the Prophet (peace and blessings be upon him) says: Yes, yes.
The questioner:
What do we say to people who wish that fatwas regarding specific issues be impossible?
The Shaykh:
It is not possible for fatwas to be unified in everything, and for everything to be built upon the assumption that disagreement is possible. Disagreement occurred among the Companions in branch issues and ijtihad issues, and some of them did not follow the others. However, there are matters in which disagreement is not permissible, such as matters of creed and matters of the pillars of religion. These are matters, praise be to Allah, in which no disagreement has occurred. The disagreement is in Fiqh matters that are the place for ijtihad and consideration. If one of them says...
The questioner:
...for example, "Which of the two opinions should I act upon?" What do we say?
The Shaykh:
He is told: If you are a scholar, it is obligatory for you to prefer the opinion for which there is evidence. But if you are a layperson or a... you are required to ask the people of knowledge and not to take these matters upon yourself, but rather to return to the people of knowledge.
The questioner:
So what do we say to those who claim confusion?
The Shaykh:
He is told: This is for the one who has the qualification, knowledge, and experience in preferring one opinion over another. He looks at these decisions or these fatwas and takes from them what is established by evidence from the Book and the truth. And if he is a layperson or a beginner among the students of knowledge who do not know how to look and prefer, then he does not take anything from them until he asks the people of knowledge, and then after that, they... Yes, there is no place for confusion and caution.
An example for life, and Allah the Exalted says:[An-Nahl 16:43]. That he exerts his judgment according to his knowledge, and as for the one who does not know, he asks the people of knowledge, and by this, confusion is removed, praise be to Allah. May Allah bless you.
What if the Fiqh Assembly, for example, in the Kingdom of Saudi Arabia, issues a fatwa on a specific issue, and then a fatwa is issued by another Fiqh Assembly in an Islamic country that contradicts that decision? How is there agreement between these two decisions, or between these two instances of ijtihad?
The Shaykh:
There is no doubt that disagreement exists between mujtahids and between fuqaha, whether at the level of individuals or at the level of Fiqh Assemblies. Yes, disagreement and difference in this matter exist, and it is prevalent, because it is required of Muslims and the scholars of Muslims that they exert their judgment (ijtihad) and seek the truth and the evidence. Not everyone is bound by the ijtihad of another unless the ijtihad that was issued has had its evidence clarified and its correctness established. If its correctness is clear and its evidence is sound, then no one is unable to contradict it. However, as long as the matter is a possibility within the scope of ijtihad, then ijtihad is specific to scholars, whether at the level of individuals or... or... or... or bodies. Yes, yes, the scope exists, and the general rule is that there is no disagreement, praise be to Allah. Usually, from the six minarets... student. Because the goal is one, which is reaching the truth. Yes.
Especially in important matters, the important and essential matters, the general rule is that the views of the scholars who are present, and it is known that no one is appointed to these assemblies or nominated for them unless he has the qualification and is at a level of religion and knowledge. Therefore, disagreement is rare, praise be to Allah, in important matters. As for detailed matters, the methods may differ, and this difference is... praise be to Allah. Praise be to Allah. Because these differences return to the Book and the Sunnah. If it agrees with the Book and the Sunnah, he reaches it; and if the Book and the Sunnah do not say it, even if its holder is a mujtahid. Yes, and the Prophet (peace and blessings be upon him) says:
If the judge exerts his judgment and is correct, he has two rewards; and if he errs, he has one reward.
ان اجتهد الحاكم فاعصاب فله اجران وان افقى فله اجر واحدThe questioner:
What do we say to people who wish that fatwas regarding specific issues be impossible?
The Shaykh:
It is not possible for fatwas to be unified in everything, and for everything to be built upon the assumption that disagreement is possible. Disagreement occurred among the Companions in branch issues and ijtihad issues, and some of them did not follow the others. However, there are matters in which disagreement is not permissible, such as matters of creed and matters of the pillars of religion. These are matters, praise be to Allah, in which no disagreement has occurred. The disagreement is in Fiqh matters that are the place for ijtihad and consideration. If one of them says...
The questioner:
...for example, "Which of the two opinions should I act upon?" What do we say?
The Shaykh:
He is told: If you are a scholar, it is obligatory for you to prefer the opinion for which there is evidence. But if you are a layperson or a... you are required to ask the people of knowledge and not to take these matters upon yourself, but rather to return to the people of knowledge.
The questioner:
So what do we say to those who claim confusion?
The Shaykh:
He is told: This is for the one who has the qualification, knowledge, and experience in preferring one opinion over another. He looks at these decisions or these fatwas and takes from them what is established by evidence from the Book and the truth. And if he is a layperson or a beginner among the students of knowledge who do not know how to look and prefer, then he does not take anything from them until he asks the people of knowledge, and then after that, they... Yes, there is no place for confusion and caution.
An example for life, and Allah the Exalted says:
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ
Source
قناة «العلامة الدكتور صالح الفوزان»، صفحات من رحلتي العلمية \ صالح الفوزان \ كبار العلماء — youtube.com (37:16)
The Arabic text is a machine transcription of the audio recording.
