How should one deal with disputed issues?
Machine translationRead the Arabic original
Your Eminence, I love you for the sake of Allah. My question is: There are a great many disputed issues in Islamic jurisprudence:
First: Is it possible for the scholars of the Muslim world to gather and agree on a single opinion regarding the most important issues?
Second: If that is not possible, whose opinions among the jurists should we follow? Knowing that they are all based on evidence. May Allah guide you to what is good and correct.
As for gathering the scholars of the world on a single opinion regarding the issues of disagreement on which the early scholars differed, this is not possible; it is among the impossibilities. This is because each person has his own opinion, his own independent legal reasoning, and his own preference for following some of the imams over others. This is not possible. Since the early generations did not agree, and they were the most of the people in faith, the most scrupulous, and the most mindful of Allah, how could it be possible for the later generations?
And that is only because independent legal reasoning differs, and evidence varies. One person is unaware of a piece of evidence, while it becomes apparent to another. There are issues on which they differed for this reason, in the branches of jurisprudence: in separation, divorce, usury or interest, in criminal offenses, and in other matters.
As for whom to follow in case of disagreement?
The layperson asks the scholars in his country, or in another country. He seeks out the one he believes to be the most mindful of Allah and the most knowledgeable about the religion of Allah, and he asks him and acts according to what he tells him.
As for the scholars, it is obligatory for them to study the disputed issues, examine the evidence from the Qur'an and the Sunnah, and adopt the strongest of them. The scholar is able to study the evidence, reflect upon it, and then adopt the strongest and most powerful evidence in this specific issue, based on the evidence, not based on the opinion of so-and-so or so-and-so. But he looks at the evidence and adopts the strongest and most powerful in this specific issue. And this is what is obligatory for him; because Allah the Exalted says: [Al-Nisa: 59], and He says the Exalted: [Al-Shura: 10]. This is the principle: whatever people disagree upon is referred back to the Book and the Sunnah, meaning: it is referred back to the ruling of Allah.
So the scholar exerts effort and seeks the truth, looks at the evidence, and then chooses what is closest to the evidence, what is the stronger in his independent legal reasoning, and what is furthest from error.
As for the general public: they ask the scholars about what is difficult for them, and their fatwa is sufficient for them. But he should seek out from among the scholars the one who is closest to goodness, the one he believes to be more knowledgeable, more mindful of Allah, and more cautious.
First: Is it possible for the scholars of the Muslim world to gather and agree on a single opinion regarding the most important issues?
Second: If that is not possible, whose opinions among the jurists should we follow? Knowing that they are all based on evidence. May Allah guide you to what is good and correct.
As for gathering the scholars of the world on a single opinion regarding the issues of disagreement on which the early scholars differed, this is not possible; it is among the impossibilities. This is because each person has his own opinion, his own independent legal reasoning, and his own preference for following some of the imams over others. This is not possible. Since the early generations did not agree, and they were the most of the people in faith, the most scrupulous, and the most mindful of Allah, how could it be possible for the later generations?
And that is only because independent legal reasoning differs, and evidence varies. One person is unaware of a piece of evidence, while it becomes apparent to another. There are issues on which they differed for this reason, in the branches of jurisprudence: in separation, divorce, usury or interest, in criminal offenses, and in other matters.
As for whom to follow in case of disagreement?
The layperson asks the scholars in his country, or in another country. He seeks out the one he believes to be the most mindful of Allah and the most knowledgeable about the religion of Allah, and he asks him and acts according to what he tells him.
As for the scholars, it is obligatory for them to study the disputed issues, examine the evidence from the Qur'an and the Sunnah, and adopt the strongest of them. The scholar is able to study the evidence, reflect upon it, and then adopt the strongest and most powerful evidence in this specific issue, based on the evidence, not based on the opinion of so-and-so or so-and-so. But he looks at the evidence and adopts the strongest and most powerful in this specific issue. And this is what is obligatory for him; because Allah the Exalted says:
And if you disagree over anything, refer it to Allah and the Messenger
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِAnd in anything over which you disagree - its ruling is [to be referred] to Allah.
وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِSo the scholar exerts effort and seeks the truth, looks at the evidence, and then chooses what is closest to the evidence, what is the stronger in his independent legal reasoning, and what is furthest from error.
As for the general public: they ask the scholars about what is difficult for them, and their fatwa is sufficient for them. But he should seek out from among the scholars the one who is closest to goodness, the one he believes to be more knowledgeable, more mindful of Allah, and more cautious.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.