The Muslim's Position on the Disagreement of Jurists and the Ruling on Following Dispensations
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Question:
This brother, Atif, sent us this question, O Shaykh Salih. He says: What is the Muslim's position regarding the disagreement of jurists in scientific and jurisprudential matters? Does the Muslim choose the more cautious option that clears his conscience? And if he takes the easier option, is there anything required of him? What is the ruling on following dispensations?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, Allah (Glorified and Exalted is He) knows that there will be disagreement among scholars regarding concepts and levels of knowledge. Therefore, He said:[An-Nisa 4:59] And He the Exalted said: [Ash-Shuraa 42:10] He (Glorified and Exalted is He) said: "And We have revealed to you [Al-Baqarah 2:213] so that you may make clear to the people what has been revealed to them." The Messenger (peace and blessings be upon him) clarified in his noble Sunnah the meanings of the Qur'an in most cases. So one should refer to the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him). If the statements of the scholars agree with the Book and the Sunnah, we accept them. If the statements of the scholars contradict the Book and the Sunnah, we leave them and take what is established by evidence. This is the principle in this matter.
And as for the people, the questioners, and those in need, they are of two categories. The first category is the one who has scientific strength, who is able to weigh the opinions, and who is able to look and compare them with the evidence. Such a person has no choice but to compare the disagreement with the evidence from the Book and the Sunnah. So, what agrees with the evidence, he takes it and issues a ruling based on it, and what contradicts the evidence, he leaves it.
And as for the Muslim who is a layperson or a beginner student of knowledge who does not have the ability to know how to weigh opinions and derive evidence, he asks the people of knowledge. Allah, the Exalted, said:[An-Nahl 16:43]. And it is not permissible for him to take what agrees with his desire or his taste and say, "This is the saying of the people of knowledge."
Rather, it is obligatory for him, if he has knowledge of the evidence, to take what is established by the evidence. And if he does not have knowledge, he asks the one who has knowledge of the evidence and acts according to his fatwa and his saying. This is what is permissible for the Muslim. And it is not permissible to follow dispensations, which are the sayings of the scholars and the disagreements of the scholars, for this is misguidance. For this reason, the scholars said: "Whoever follows dispensations becomes a Zindiq."
As for the divine dispensations that Allah has permitted for His servants in times of need, such as combining the two prayers in travel and illness, and shortening the prayer in travel, and breaking the fast during the day of Ramadan, these are legal dispensations. Allah, Mighty and Majestic, commanded taking them in times of need. He, the Exalted, said: [The Messenger (peace and blessings be upon him) said]:Bulugh al-Maram 2:341. And as for dispensations in the sense of following the disagreements and sayings of the scholars, this is a matter that is not permissible except with legal constraints. Yes. May Allah reward you.
This brother, Atif, sent us this question, O Shaykh Salih. He says: What is the Muslim's position regarding the disagreement of jurists in scientific and jurisprudential matters? Does the Muslim choose the more cautious option that clears his conscience? And if he takes the easier option, is there anything required of him? What is the ruling on following dispensations?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, Allah (Glorified and Exalted is He) knows that there will be disagreement among scholars regarding concepts and levels of knowledge. Therefore, He said:
And 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.
فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًاAnd in anything over which you disagree - its ruling is [to be referred] to Allah. [Say], "That is Allah, my Lord; upon Him I have relied, and to Him I turn back."
وَمَا اخْتَلَفْتُمْ فِيهِ مِن شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ ذَٰلِكُمُ اللَّهُ رَبِّي عَلَيْهِ تَوَكَّلْتُ وَإِلَيْهِ أُنِيبُthe Scripture in truth to judge between the people concerning that in which they differed
الْكِتَابَ بِالْحَقِّ لِيَحْكُمَ بَيْنَ النَّاسِ فِيمَا اخْتَلَفُوا فِيهِAnd as for the people, the questioners, and those in need, they are of two categories. The first category is the one who has scientific strength, who is able to weigh the opinions, and who is able to look and compare them with the evidence. Such a person has no choice but to compare the disagreement with the evidence from the Book and the Sunnah. So, what agrees with the evidence, he takes it and issues a ruling based on it, and what contradicts the evidence, he leaves it.
And as for the Muslim who is a layperson or a beginner student of knowledge who does not have the ability to know how to weigh opinions and derive evidence, he asks the people of knowledge. Allah, the Exalted, said:
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَRather, it is obligatory for him, if he has knowledge of the evidence, to take what is established by the evidence. And if he does not have knowledge, he asks the one who has knowledge of the evidence and acts according to his fatwa and his saying. This is what is permissible for the Muslim. And it is not permissible to follow dispensations, which are the sayings of the scholars and the disagreements of the scholars, for this is misguidance. For this reason, the scholars said: "Whoever follows dispensations becomes a Zindiq."
As for the divine dispensations that Allah has permitted for His servants in times of need, such as combining the two prayers in travel and illness, and shortening the prayer in travel, and breaking the fast during the day of Ramadan, these are legal dispensations. Allah, Mighty and Majestic, commanded taking them in times of need. He, the Exalted, said: [The Messenger (peace and blessings be upon him) said]:
Allah the Most High loves that His permissions be practiced, just as he dislikes that disobedience to Him be committed.
إن الله يحب أن تؤتى رخصه كما يكره أن تؤتى معصيته.
Source
قناة «العلامة الدكتور صالح الفوزان»، اختلاف الفقهاء وموقف المسلم عند الاختلاف، وحكم تتبع الرخص - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
