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 : ... What do we do in such matters where we find a great difference in the opinions of the scholars, and these scholars are all people we trust in their religion, and we are unable to determine which of them holds the truth, each having their own evidence? Do we consult our own selves and hearts in accordance with the hadith , or what do we do in these disputed matters ...?
The Shaykh : The answer is that this issue is not the first issue in which disagreement has occurred among scholars, in the past and in the present. If this question had come from the general Muslim community 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 lived by the school of jurisprudence in which they were raised, then the saying of Allah the Exalted and the saying of His Prophet (peace and blessings be upon him) would not be a consideration for this general public. If this question had come from such people, it would not be strange. But I think I am in a Salafi community, this Salafi community that has transcended the ignorance that has 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 when the questioner, male or female, says, "What do we do? We are confused," we say, "You 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:[An-Nisa 4:59]? Does 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 and others are in doubt about their matter because they have not studied the evidence that has come in this specific regard. I have presented an example: those who say that gold is permissible absolutely do not act upon these hadiths, but rather they nullify them completely. The one who permits gold from the hadiths of the Messenger (peace and blessings be upon him) is only a general permission: Sunan Ibn Majah 3595Sahih (Darussalam). So he permitted gold for women as a general permission. Did a specification enter into it or not? Here is the jurisprudence, and here is what every Muslim man and woman must pause over for a moment.
It is established in the principles of jurisprudence that it is not permissible to turn away from a specific hadith because of its opposition to a general text, nor is it permissible to turn away from a specific text because of its contradiction with a general text. Rather, the specific must be excluded from the general. And there are many, many examples of this. When our Lord (Mighty and Majestic) mentioned the forbidden women:[An-Nisa 4:23], and then continued to explain the forbidden women until He said: [An-Nisa 4:24]. This is a general text that indicates 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: [An-Nisa 4:23] only, and did not mention daughters and sisters through breastfeeding. So what do we say, taking the text: [An-Nisa 4:24]? Do we say that it is permissible for a man to marry his sister through breastfeeding because Allah permitted absolutely all women except these forbidden women? The answer is no, because the Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 1937Sahih (Darussalam).
So this hadith expanded the meaning of the prohibition mentioned in the verse, and one of its examples was the prohibition of mothers through breastfeeding. So the daughter and sister through breastfeeding are also forbidden by the indication of the hadith. Likewise, deal with all the texts of the Book and the Sunnah: if a general text comes indicating a general meaning, and then a specific text comes to address this general indication, this specific text is excluded from that general text. And one of the clearest proofs is:[Al-Ma'idah 5:3]. Does this include fish and locusts? Do we forbid fish and locusts because the verse includes them? The answer is that the Messenger said: Sunan Ibn Majah 3314Sahih (Darussalam). So do we forbid blood absolutely, or do we say we exclude the liver and 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 as an absolute, general permission. If the Messenger (peace and blessings be upon him) forbade women from eating in gold vessels, do we say this is specific to men because he permitted gold for women? No one says this. They said this is a ruling that includes women as well, so it is not permissible for the Muslim woman to eat in gold vessels, or to eat with a gold spoon or a gold cup, or the like. So what do we do regarding the hadith "It is permissible for the females"? We say this is an exception to that. Likewise, the other exceptions: the bracelet and the necklace are forbidden by the explicit hadith of Fatimah, so we say this is an exception to the absolute permission, and we do not strike some hadiths against others. The purpose is that every Muslim man and woman who is accountable must listen to the evidence of both sides, and then return to their heart. It is not just that we hear an issue in which there is disagreement and we say, "Consult your heart, and if the one who consults is deluded, then so be it." And without a doubt, especially here in your lands, they have leaned toward adornment, because, as Allah wills, according to what the questioner informed us, their arms are full of gold. What kind of soul would be a strong, very strong believer if she were asked to consult her heart and forbid herself these ornaments that are widespread and common in these lands? It is necessary to be discerning so that we are as Allah the Exalted said regarding His Prophet:[Yusuf 12:108].
Consult your heart, even if the people give you a ruling ...
استفت قلبك ولو أفتاك الناس ...The Shaykh : The answer is that this issue is not the first issue in which disagreement has occurred among scholars, in the past and in the present. If this question had come from the general Muslim community 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 lived by the school of jurisprudence in which they were raised, then the saying of Allah the Exalted and the saying of His Prophet (peace and blessings be upon him) would not be a consideration for this general public. If this question had come from such people, it would not be strange. But I think I am in a Salafi community, this Salafi community that has transcended the ignorance that has 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 when the questioner, male or female, says, "What do we do? We are confused," we say, "You 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 تَأْوِيلًاThese two are forbidden for the males of my nation, and permitted to the females.
إن هذين حرام على ذكور أمتي حل لإناثهم ...It is established in the principles of jurisprudence that it is not permissible to turn away from a specific hadith because of its opposition to a general text, nor is it permissible to turn away from a specific text because of its contradiction with a general text. Rather, the specific must be excluded from the general. And there are many, many examples of this. When our Lord (Mighty and Majestic) mentioned the forbidden women:
Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives' mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ ... وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْAnd lawful to you are [all others] beyond these
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْyour [milk] mothers who nursed you
وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْAnd lawful to you are [all others] beyond these
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبSo this hadith expanded the meaning of the prohibition mentioned in the verse, and one of its examples was the prohibition of mothers through breastfeeding. So the daughter and sister through breastfeeding are also forbidden by the indication of the hadith. Likewise, deal with all the texts of the Book and the Sunnah: if a general text comes indicating a general meaning, and then a specific text comes to address 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 وَالدَّمُTwo kinds of dead meat and two kinds of blood have been permitted to us.
أحلت لنا ميتتان و دمانNow we have a text that permits gold for women as an absolute, general permission. If the Messenger (peace and blessings be upon him) forbade women from eating in gold vessels, do we say this is specific to men because he permitted gold for women? No one says this. They said this is a ruling that includes women as well, so it is not permissible for the Muslim woman to eat in gold vessels, or to eat with a gold spoon or a gold cup, or the like. So what do we do regarding the hadith "It is permissible for the females"? We say this is an exception to that. Likewise, the other exceptions: the bracelet and the necklace are forbidden by the explicit hadith of Fatimah, so we say this is an exception to the absolute permission, and we do not strike some hadiths against others. The purpose is that every Muslim man and woman who is accountable must listen to the evidence of both sides, and then return to their heart. It is not just that we hear an issue in which there is disagreement and we say, "Consult your heart, and if the one who consults is deluded, then so be it." And without a doubt, especially here in your lands, they have leaned toward adornment, because, as Allah wills, according to what the questioner informed us, their arms are full of gold. What kind of soul would be a strong, very strong believer if she were asked to consult her heart and forbid herself these ornaments that are widespread and common in these lands? It is necessary to be discerning so that we are as Allah the Exalted said regarding His Prophet: