The Argument of Scholarly Disagreement in Legal Matters
Machine translationRead the Arabic original
Question:
He says: Shaykh, also, the questioner mentions people arguing with scholarly disagreement (khilaf) when you discuss a topic or a matter of the Islamic Shari'ah, claiming that so-and-so among the scholars said it is permissible. The reality is that if we were to accept every instance of disagreement, many matters of our religion and our worldly affairs would not be safe. The question is: Is it permissible to argue with disagreement, Shaykh Salih?
Answer:
He argues from scholarly disagreement, but he is either ignorant or one who follows his own desires. Disagreement is not used as evidence; rather, evidence is taken from the Book and the Sunnah. Disagreement exists and is a reality, but disagreements, opinions, and independent legal reasoning are presented to the Book and the Sunnah. What is established by evidence is accepted, or what is stronger by evidence is accepted, and what contradicts the evidence is left aside. Allah the Exalted said:[An-Nisa 4:59]. The one who is skilled in deriving evidence and determining the stronger opinion presents the opinions to the evidence; what is stronger among them is adopted and used for issuing rulings. The one who does not know the evidence, and the layperson, asks the scholars of knowledge. Allah the Exalted said: [An-Nahl 16:43] Yes.
The presenter:
May Allah reward you.
He says: Shaykh, also, the questioner mentions people arguing with scholarly disagreement (khilaf) when you discuss a topic or a matter of the Islamic Shari'ah, claiming that so-and-so among the scholars said it is permissible. The reality is that if we were to accept every instance of disagreement, many matters of our religion and our worldly affairs would not be safe. The question is: Is it permissible to argue with disagreement, Shaykh Salih?
Answer:
He argues from scholarly disagreement, but he is either ignorant or one who follows his own desires. Disagreement is not used as evidence; rather, evidence is taken from the Book and the Sunnah. Disagreement exists and is a reality, but disagreements, opinions, and independent legal reasoning are presented to the Book and the Sunnah. What is established by evidence is accepted, or what is stronger by evidence is accepted, and what contradicts the evidence is left aside. Allah the Exalted said:
if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًاSo ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَThe presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 03/209 — archive.org (10:35)
The Arabic text is a machine transcription of the audio recording.