What should the one seeking a ruling do when fatwas conflict on a single issue?
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Question:
We have heard from Your Eminence the ruling on images, image-making, and image-makers, regarding the prohibition of that act and its impermissibility except out of dire necessity. However, it is regrettable that we and other Muslims hear on the Al-Quran Radio, in the program "Light on the Path," answers from some scholars stating that this is an exaggeration regarding photographic imaging; because, as they say, it is merely fixing the shadow in a mirror. This is especially the case in the "Al-Mi'az" program on Al-Quran Radio in Riyadh, on Thursday evenings at 9:30. This causes confusion and disagreement among many Muslims, especially since they hear conflicting opinions and differing statements in the same program. We also hear this disagreement in the program broadcast on Sunday evenings of every week at 9:30, regarding the ruling on the zakah of jewelry, where a guest on the program stated that the stronger opinion is that there is no zakah on it, whereas Your Eminence holds that zakah is obligatory on it. We suggest that the program unify its presentation of these disputed questions by referring them to Your Eminence, to prevent causing confusion and disagreement among listeners, especially those outside the Kingdom. And success is from Allah.
Answer:
Disagreement has existed for a long time among the scholars of knowledge on some issues where reasoning differs, where the evidence differs, and where the evidence is obscure, or where some scholars have a deeper understanding of its validity, or similar causes of disagreement. Regarding images, the scholars are in agreement on the prohibition of three-dimensional images, those made by carving with the hand, and the like. The majority of scholars are in agreement on the prohibition of images, even if they are not three-dimensional, such as those made with pigments and colors rather than by sculpting. This is the view of the majority that it is forbidden. This is narrated in the hadiths from the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) said, "The most severely punished people on the Day of Resurrection are the image-makers." He said, "Every image-maker is in the Fire." He said, "The makers of images will be punished on the Day of Resurrection, and it will be said to them: 'Bring to life what you have created.'" However, some of our brothers among the scholars of this era hold that imaging by the solar camera is not imaging, but rather of the same kind as the image in a mirror, which has no permanence. This is not good. We hold that this is not good; rather, it has permanence. It exists in cards, it exists in books, and it exists in newspapers. It has permanence and existence, so it is imaging without a doubt. The stronger view, based on the directions of the evidence and the generality of the proofs, is that it is forbidden, whether by camera or by other means. If something indicating permissibility appears to some of our brother scholars and they are reassured by it, then this is something about which one cannot say that it is an abomination or that it is such-and-such, because scholars of knowledge differ on issues that have a perspective and have causes. Yes.
We have heard from Your Eminence the ruling on images, image-making, and image-makers, regarding the prohibition of that act and its impermissibility except out of dire necessity. However, it is regrettable that we and other Muslims hear on the Al-Quran Radio, in the program "Light on the Path," answers from some scholars stating that this is an exaggeration regarding photographic imaging; because, as they say, it is merely fixing the shadow in a mirror. This is especially the case in the "Al-Mi'az" program on Al-Quran Radio in Riyadh, on Thursday evenings at 9:30. This causes confusion and disagreement among many Muslims, especially since they hear conflicting opinions and differing statements in the same program. We also hear this disagreement in the program broadcast on Sunday evenings of every week at 9:30, regarding the ruling on the zakah of jewelry, where a guest on the program stated that the stronger opinion is that there is no zakah on it, whereas Your Eminence holds that zakah is obligatory on it. We suggest that the program unify its presentation of these disputed questions by referring them to Your Eminence, to prevent causing confusion and disagreement among listeners, especially those outside the Kingdom. And success is from Allah.
Answer:
Disagreement has existed for a long time among the scholars of knowledge on some issues where reasoning differs, where the evidence differs, and where the evidence is obscure, or where some scholars have a deeper understanding of its validity, or similar causes of disagreement. Regarding images, the scholars are in agreement on the prohibition of three-dimensional images, those made by carving with the hand, and the like. The majority of scholars are in agreement on the prohibition of images, even if they are not three-dimensional, such as those made with pigments and colors rather than by sculpting. This is the view of the majority that it is forbidden. This is narrated in the hadiths from the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) said, "The most severely punished people on the Day of Resurrection are the image-makers." He said, "Every image-maker is in the Fire." He said, "The makers of images will be punished on the Day of Resurrection, and it will be said to them: 'Bring to life what you have created.'" However, some of our brothers among the scholars of this era hold that imaging by the solar camera is not imaging, but rather of the same kind as the image in a mirror, which has no permanence. This is not good. We hold that this is not good; rather, it has permanence. It exists in cards, it exists in books, and it exists in newspapers. It has permanence and existence, so it is imaging without a doubt. The stronger view, based on the directions of the evidence and the generality of the proofs, is that it is forbidden, whether by camera or by other means. If something indicating permissibility appears to some of our brother scholars and they are reassured by it, then this is something about which one cannot say that it is an abomination or that it is such-and-such, because scholars of knowledge differ on issues that have a perspective and have causes. Yes.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 022 ماذا يفعل المستفتي عند تعارض الفتوى في المسألة الواحدة؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.
