The saying that disagreement is a mercy and ijtihad in matters of fiqh
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Question:
And how can he say that you are in a matter of mercy, and does it appear that all the prophets or Islam?
Answer:
Disagreement is not a mercy; disagreement in itself is not a mercy. However, disagreement in matters of fiqh for the sake of reaching the truth and ijtihad in seeking the truth is commanded and encouraged. A person should exert effort in seeking the truth and knowing what the evidence indicates, and he should not be content with the statement of so-and-so or so-and-so if he has the ability to reach the truth.
And the people who have the qualification for ijtihad are commanded to exert effort in seeking the truth, and they should not limit themselves to the opinions that have been stated. Rather, everyone who has the capacity for ijtihad should exert effort, and it is not permissible for him to restrict himself. This is the intended meaning. So, disagreement in fiqh is permissible within the limits of seeking the truth and searching for the truth.
As for relying on the opinion of so-and-so and so-and-so just because it agrees with the people or agrees with desire, and leaving the statement of the other mujtahid because it does not agree with desire, and saying that so-and-so is strict and so-and-so is rigid and so-and-so, this is not permissible. One should not take from the statements of scholars what agrees with desire, without researching its evidence and without knowing its basis. Yes.
Question:
So, Professor Yahya.
Answer:
Yes, in the sense of tawhid (the oneness of Allah), and Islam in the sense of tawhid. Because tawhid is Islam. Their religion, all of them, is Islam without doubt; the religion of tawhid and avoiding shirk (associating partners with Allah) is their religion. As for their religion in terms of the Shari'ah rulings of what is lawful and what is forbidden, this differs according to the wisdom of Allah, Glorified and Exalted is He, for each generation with what suits it.
It is prescribed and abrogated according to His wisdom, Glorified and Exalted is He, and what is suitable for the servants in every time. But the creed is one, and the worship is one for Allah, Mighty and Majestic. No one is worshipped except Allah, and He is worshipped by what He has prescribed, worshipped by what He has prescribed in every time according to its measure. So whoever worships Allah by what He has prescribed, he is a monotheist, a monotheist for Allah, Mighty and Majestic.
And how can he say that you are in a matter of mercy, and does it appear that all the prophets or Islam?
Answer:
Disagreement is not a mercy; disagreement in itself is not a mercy. However, disagreement in matters of fiqh for the sake of reaching the truth and ijtihad in seeking the truth is commanded and encouraged. A person should exert effort in seeking the truth and knowing what the evidence indicates, and he should not be content with the statement of so-and-so or so-and-so if he has the ability to reach the truth.
And the people who have the qualification for ijtihad are commanded to exert effort in seeking the truth, and they should not limit themselves to the opinions that have been stated. Rather, everyone who has the capacity for ijtihad should exert effort, and it is not permissible for him to restrict himself. This is the intended meaning. So, disagreement in fiqh is permissible within the limits of seeking the truth and searching for the truth.
As for relying on the opinion of so-and-so and so-and-so just because it agrees with the people or agrees with desire, and leaving the statement of the other mujtahid because it does not agree with desire, and saying that so-and-so is strict and so-and-so is rigid and so-and-so, this is not permissible. One should not take from the statements of scholars what agrees with desire, without researching its evidence and without knowing its basis. Yes.
Question:
So, Professor Yahya.
Answer:
Yes, in the sense of tawhid (the oneness of Allah), and Islam in the sense of tawhid. Because tawhid is Islam. Their religion, all of them, is Islam without doubt; the religion of tawhid and avoiding shirk (associating partners with Allah) is their religion. As for their religion in terms of the Shari'ah rulings of what is lawful and what is forbidden, this differs according to the wisdom of Allah, Glorified and Exalted is He, for each generation with what suits it.
It is prescribed and abrogated according to His wisdom, Glorified and Exalted is He, and what is suitable for the servants in every time. But the creed is one, and the worship is one for Allah, Mighty and Majestic. No one is worshipped except Allah, and He is worshipped by what He has prescribed, worshipped by what He has prescribed in every time according to its measure. So whoever worships Allah by what He has prescribed, he is a monotheist, a monotheist for Allah, Mighty and Majestic.
Source
شرح مسائل الجاهلية [ صالح الفوزان ]، بداية من المسألة السادسة عشرة بعد المائة : التناقض الواضح لما كذبوا بالحق — islamhouse.com (1:11:08)
The Arabic text is a machine transcription of the audio recording.