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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the Muslim's position regarding the disagreement of scholars in jurisprudential issues, such as gold jewelry and the like?

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The questioner: Your presenceThe Shaykh : , what do we do in such matters where we find a great difference in the opinions of the scholars? And these scholars, we trust all of them and in their religion, and we are unable to determine which of them holds the truth with all their evidence? So do we consult our own selves and hearts in accordance with the hadith:
Consult your heart, even if the people give you a ruling and even if they give you a ruling استفتِ قلبك ولو أفتاك الناس ولو أفتوك
? Or what do we do in these disputed matters, such as the issue of gold and others?

The Shaykh: The answer: This issue is not the first issue in which disagreement occurred among scholars, in the past and in the present. If this question had arisen or come from this general community of Muslims who have not been guided by the Book of Allah or the Hadith of the Messenger of Allah (peace and blessings be upon him), but rather lived by what they found their fathers and grandfathers doing, or each of them lived by the school of jurisprudence in which he was raised; then the saying of Allah (Glorified and Exalted is He) and the saying of His Prophet (peace and blessings be upon him) would be a matter not considered by this general public. If this question had come from people like these, it would not have been strange. But I think that I am in a Salafi community, this Salafi community that has gone beyond that ignorance that settled upon the hearts of the masses of Muslims, which is blind following. The Salafis are always seeking what Allah said and what the Messenger of Allah said, so the sayingThe questioner : or the questioner : 's: What do we do? We are confused, we say: We are confused; because you did not think about the evidence of the disputing parties. Otherwise, what is the meaning of the saying of the Lord of the Worlds:
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. فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللهِ وَاليَوْمِ الآَخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
[An-Nisa 4:59]
? Does the meaning of this verse and others mean that Allah (Mighty and Majestic) burdened His servants with what they are unable to do when He asked them to return to the Book of Allah and the Hadith of the Messenger of Allah in case of disagreement and dispute?
So I say, with complete frankness: that the questioner : 's and others are in doubt about their matter; because they have not studied the evidence that has come in this specific regard. And I have presented to you an example; those who say that gold is permissible absolutely do not apply these hadiths, but rather they nullify them with absolute nullification. And the one who permits gold from the hadiths of the Messenger (peace be upon him), it is only a general permission; they say:
These two are forbidden for the males of my nation, and permitted to the females. هذان حرام على ذكور أمتي حلٌّ لإناثهم
Sunan Ibn Majah 3595Sahih (Darussalam)
... He permitted gold for women with a general permission. Did a specification enter it or not? Here is the jurisprudence, and here is what every Muslim man and woman must stop at for a little while.
It is established in the science of principles that it is not permissible to turn away from a specific hadith because of its opposition to a general text, and it is not permissible to turn away from a specific text because of its contradiction with a general text. Rather, it is obligatory to exclude the specific from the general. And its examples are many and very many. Our Lord (Mighty and Majestic), when He mentioned the forbidden women in the verse:
Prohibited to you [for marriage] are your mothers حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ
[An-Nisa 4:23]
, then He mentioned (Blessed and Exalted is He):
and your mothers وَأُمَّهَاتُكُمُ
from breastfeeding, then He continued explaining the forbidden women until He said:
And lawful to you are [all others] beyond these وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ
[An-Nisa 4:24]
. This is a general text that implies the permissibility of all women except those mentioned in this Quranic context. But we find in this context that Allah (Blessed and Exalted is He) mentioned among the forbidden:
your [milk] mothers who nursed you وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ
[An-Nisa 4:23]
. He did not mention daughters and sisters in breastfeeding. So what do we say taking the text of:
And lawful to you are [all others] beyond these وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ
[An-Nisa 4:24]
? Do we say that it is permissible for a man to marry his sister from breastfeeding because Allah permitted with an absolute permission other than these forbidden women? The answer: No; because the Prophet (peace and blessings be upon him) said:
Breast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful. يحرُمُ من الرَّضاع ما يحرم من النَّسب
Sunan Ibn Majah 1937Sahih (Darussalam)
.
So this hadith expanded the meaning of prohibition mentioned in the verse, and one of its examples was the prohibition of mothers from breastfeeding; so the daughter and sister from breastfeeding are also prohibited by the indication of the hadith. Likewise, all texts of the Book and the Sunnah are treated when a text comes that is general and indicates a general meaning, then a specific text comes that opposes this general indication, this specific text is excluded from that general text. And one of the clearest proofs is
Prohibited to you are dead animals, blood حُرِّمَتْ عَلَيْكُمُ المَيْتَةُ وَالدَّمُ
[Al-Ma'idah 5:3]
. This includes fish and locusts; so do we prohibit fish and locusts because the verse includes them? The answer: The Messenger said:
Two carrions and two bloods have been made lawful for us أُحِلَّت لنا ميتتان ، وأُحلَّت لنا دمان
. So do we prohibit blood absolutely? Or do we say: We exclude the liver and the spleen; because the Messenger (peace and blessings be upon him) excluded that? And so on. For the sake of such a matter, the science of the principles of jurisprudence was established.
Now we have a text that permits gold for women with an absolute general permission. So if the Messenger (peace be upon him) prohibited something like a consensus; if he prohibited women from eating in gold vessels, do we say this is specific to men because he permitted gold for women? No one says this statement. They said: This is a ruling that includes even women, so it is not permissible for the Muslim woman to eat in gold vessels, and to eat with a gold spoon and a gold cup and the like. So what do we do towards the hadith:
Permissible for women حلٌّ لإناثها
? We say: This is excluded from that. Likewise the rest of the exclusions, he prohibited the bracelet and he prohibited the necklace by the explicit hadith of Fatimah, so we say: This is excluded from the absolute permission, and we do not strike the hadiths against each other. The purpose is that every Muslim man and woman is obligated to hear the evidence of both sides, after that she returns to her heart, it is not just that we heard that it is a matter in which there is disagreement, so just consult your heart and if the one who is deluded gives you a ruling. And without a doubt, especially here in your lands, the hearts will be inclined to adornment; because - what Allah willed! - according to what we were told, the arms are all full of what? Gold. So what soul would this be that is a strong believer and very strong if it is referred to to consult its heart and prohibit for itself these ornaments that have become widespread and common in these lands? It is necessary to be discerning so that we are as He said (Glorified and Exalted is He) regarding His Prophet:
This is my way; I invite to Allah with insight, I and those who follow me قُلْ هَذِهِ سَبِيلِي أَدْعُو إِلَى اللهِ عَلَى بَصِيرَةٍ أَنَا وَمَنِ اتَّبَعَنِي
[Yusuf 12:108]
.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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