What is the Muslim's position on the disagreement among scholars regarding rulings?
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The questioner : Regarding some of the rulings of the Shari'ah, scholars differ on them. Some Muslims take these differences as an excuse to be lenient in the Shari'ah ruling, as in the case of Islamic anthems and beating the hand drum by men at celebrations and occasions. What is the Muslim's position toward these Shari'ah rulings on which there is disagreement, and what is our response to those who take these differences and the opinions of scholars?
The Shaykh : As for taking these differences, meaning that the one who takes them takes whatever he wishes from these statements, this is contrary to the consensus of the Muslims, contrary to the path of the Muslims. The ruling and its evidence are mentioned in the verse more than once:[An-Nisa 4:115] [An-Nisa 4:115] The path of the Muslims is divided into two categories: one category concerns the elite of the people, who are the scholars, and the other category concerns the general Muslims, who are those who are not scholars. Allah the Exalted has assigned a function, an obligation, and a specific ruling to each of the two categories, as in His saying, Blessed and Exalted is He: [An-Nahl 16:43] And similar to this verse in meaning is His saying, peace and blessings be upon him, in the story of that man who was on a military expedition, was wounded in battle, and became in a state of major ritual impurity. He asked those around him if they could find for him a dispensation so that he would not perform the full ritual bath, even though he had emitted semen. They said, "No." So he performed the full ritual bath and died. When the news of this reached the Prophet, peace and blessings be upon him, he said: So the point is that the Muslim community is either scholars, and their obligation is to teach the people, or non-scholars, and their obligation is to ask the scholars. As for taking from every opinion whatever they desire and whatever their souls wish, this is not from the path of the believers.
The Shaykh: At that point, these masses who are not scholars can be divided into two categories, and there is no doubt this is a reality with no other cause. The common people whose concern is pursuing their livelihood and their worldly affairs and the like are not like many of the students of knowledge who strive to know, for example, Islamic jurisprudence and hadith, and to know the stronger and weaker positions and the like. So these two categories are from the second category, the general Muslims. These people also have an obligation, and one of the two obligations may differ from the other. So if one is a student of knowledge and is able to understand the evidence of the differing Muslim scholars, he has to follow the evidence. And if he is from the second side, meaning from the general Muslims who have no knowledge of jurisprudence, and no knowledge except that so-and-so the Shaykh said such-and-such and that is the end of the matter, then these people have the obligation to know whom to ask. In other words, not everyone they think is a scholar, such as those they see wearing a turban like a tower or a robe like a sack, they say, "This is a scholar," and ask him. No. Just as one of them, if he wants to buy goods or purchase an item, looks here or there until he is convinced that he has found good goods at a good price suitable for him. Religion is much more important than this worldly goods. So if one is from the other group, which is not from the students of knowledge, then these people must choose the person they ask, and the choice is not based on the criterion that so-and-so is lenient and so-and-so is strict, or that this one is not good and we do not consider his words, or that this one makes things easy, and Allah made the religion easy, and so on. No, because the Shari'ah rulings are not according to the desires of people, as is observed today, unfortunately, that they consider ease, even in opposing the Shari'ah, to the point that following the desire of the soul falls upon them. They must choose the scholar who is known for knowledge and known for righteousness. And I make it a modern condition that he not be an official scholar, meaning one of the scholars of formal positions, in the old expression of Muhammad al-Ghazali, because these people mostly go with the crowd. But if he is a scholar and righteous and independent, then it is hoped that his fatwa will not lean to the right or the left, that he will not follow his own desire or the desire of others who command him to do what he desires. If people, we can say there are three levels: either a scholar, or a student of knowledge, or from the general Muslims. The scholar issues fatwas based on the Book of Allah and the Sunnah of His Messenger, so this is the first thing one should ask, if it is available. Otherwise, the student of knowledge, if he encounters a disagreement he sees among the scholars, he has to exert his effort and choose what is closest to the Book and the Sunnah. The general Muslims, the third category,[An-Nahl 16:43] and they choose whom to ask in light of what I mentioned earlier. I have other details, but there is no room for them or to mention them now, especially since time has run short, and I also stipulated that the answer be concise.
The questioner : The issue of not being partisan, Shaykh. In the scholar's rest, is it mentioned that he should not be partisan?
The Shaykh: In my case.
The questioner: It is mentioned from others.
The Shaykh: In my case, yes.
The questioner: Yes, you said it should not be official, meaning it should not be partisan either?
The Shaykh: The meaning is close to one another.
The questioner : Yes,
The Shaykh : As for taking these differences, meaning that the one who takes them takes whatever he wishes from these statements, this is contrary to the consensus of the Muslims, contrary to the path of the Muslims. The ruling and its evidence are mentioned in the verse more than once:
And whoever opposes the Messenger after guidance has become clear to him
وَمَن يُشَاقِقِ الرَّسُولَ مِن بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَىٰand follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination.
وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّىٰ وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًاSo ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَDid they not ask when they were ignorant? For the cure of the camels is to ask.
ألا سألوا حين جهلوا فإنما شفاء العيس سؤالThe Shaykh: At that point, these masses who are not scholars can be divided into two categories, and there is no doubt this is a reality with no other cause. The common people whose concern is pursuing their livelihood and their worldly affairs and the like are not like many of the students of knowledge who strive to know, for example, Islamic jurisprudence and hadith, and to know the stronger and weaker positions and the like. So these two categories are from the second category, the general Muslims. These people also have an obligation, and one of the two obligations may differ from the other. So if one is a student of knowledge and is able to understand the evidence of the differing Muslim scholars, he has to follow the evidence. And if he is from the second side, meaning from the general Muslims who have no knowledge of jurisprudence, and no knowledge except that so-and-so the Shaykh said such-and-such and that is the end of the matter, then these people have the obligation to know whom to ask. In other words, not everyone they think is a scholar, such as those they see wearing a turban like a tower or a robe like a sack, they say, "This is a scholar," and ask him. No. Just as one of them, if he wants to buy goods or purchase an item, looks here or there until he is convinced that he has found good goods at a good price suitable for him. Religion is much more important than this worldly goods. So if one is from the other group, which is not from the students of knowledge, then these people must choose the person they ask, and the choice is not based on the criterion that so-and-so is lenient and so-and-so is strict, or that this one is not good and we do not consider his words, or that this one makes things easy, and Allah made the religion easy, and so on. No, because the Shari'ah rulings are not according to the desires of people, as is observed today, unfortunately, that they consider ease, even in opposing the Shari'ah, to the point that following the desire of the soul falls upon them. They must choose the scholar who is known for knowledge and known for righteousness. And I make it a modern condition that he not be an official scholar, meaning one of the scholars of formal positions, in the old expression of Muhammad al-Ghazali, because these people mostly go with the crowd. But if he is a scholar and righteous and independent, then it is hoped that his fatwa will not lean to the right or the left, that he will not follow his own desire or the desire of others who command him to do what he desires. If people, we can say there are three levels: either a scholar, or a student of knowledge, or from the general Muslims. The scholar issues fatwas based on the Book of Allah and the Sunnah of His Messenger, so this is the first thing one should ask, if it is available. Otherwise, the student of knowledge, if he encounters a disagreement he sees among the scholars, he has to exert his effort and choose what is closest to the Book and the Sunnah. The general Muslims, the third category,
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَThe questioner : The issue of not being partisan, Shaykh. In the scholar's rest, is it mentioned that he should not be partisan?
The Shaykh: In my case.
The questioner: It is mentioned from others.
The Shaykh: In my case, yes.
The questioner: Yes, you said it should not be official, meaning it should not be partisan either?
The Shaykh: The meaning is close to one another.
The questioner : Yes,
Source
سلسلة الهدى والنور، المجلس 1255 — d3watuna.com (4:29)
The Arabic text is a machine transcription of the audio recording.
