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 | Subject: Issues to Due with Matters of Permissible Ijtihaad  Fri Aug 26, 2011 2:46 am | |
| Justice In Dealing With Differences in Opinion
Shaykh Salman al-`Awdah
Moral Code of the Daa`iya
Translated by Muhammad Buneef (Edited transl.)
Difference of opinion is one of mankind's natures, "And if your Lord had willed, He could have made mankind one community, but they will not cease to differ. Except whom your Lord has givenmercy..." (Surah Hud:118-119) Doubtlessly, differences in opinion occur due to differences in intentions and purposes, differences in the strength of minds and perceptions, and differences in knowledge. Dealing with these differences requires a firm footing in the shariah.
Some duaat invite to the unity of the rank and file in order to forget conflict, without defining as to whom to unify with and who to be separated from due to misguidance and deviations. On the other hand, there is one who exaggerates about the conditions, to the point that he wants people to agree with him in everything, even in his personnal ijtihad and his own opinions. And if anybody disagrees with him, he turns away from him, takes the attitude of resistance towards him, and becomes careless and disrespectful to him! Justice is accepting the difference in that in which difference is permissible. Like the means of dawa, secondary matters, those rulings in which scholars of the past differed..., that which is based on the shariah ijtihad in understanding of the texts, not simply on desires. As for leniency towards the people of innovation concerning 'aqeedah, and fundamental deviations under the pretext of unifying the ranks, this is a false procedure that does not relate to reason nor to the shar'. As for asking people to agree in everything, and not to differ in anything at all, this is impossible and unreal.
http://www.islaam.com/Article.aspx?id=487
No Compulsion In Matters Of Permissible Ijtihaad
By: Imam Ibn Taymiyyah
Majmoo` Fataawaa (30/79-80)
From Appendices to
© 2000 Message of Islam
Ibn Taymiyyah, may Allaah have mercy upon him, was asked about a person in authority, whose view is that partnerships involving shared labour are not permissible. Can he prevent the people from this?
The reply: "He cannot prevent the people from this, nor from the likes of this, because it is from the permissible Ijtihaad. Neither does he have any text from the Book, the Sunnah or the consensus to prevent this, especially when most of the scholars are of the view that the likes of this is actually permissible; and this is what has been acted upon by the Muslims in their lands in general. This is just like a judge who is not allowed to negate the judgement of others in the likes of such issues, nor is it for the scholar or the muftee to compel the people to follow him in the likes of such an issue. This is why when ar-Rasheed sought from Maalik that the people should all adopt his al-Muwatta' in the likes of these issues, the latter prevented him from this and said:
"The Companions of Allaah's Messenger sallallaahu `alayhi wa sallam spread out into different regions; so each community took the knowledge that reached them."
Once a person wrote a book about the various different opinions, so Ahmad said:
"Do not call it the book of differences (kitaabul-ikhtilaaf), rather call it the book of leeway (kitaabus-sa`ah)."
Due to this, one of the scholars stated:
"Their consensus is a decisive proof, whereas their differing is a comprehensive mercy."
`Umar ibn `Abdul-`Azeez said:
"What would make me feel uneasy is if the Companions of Allaah's Messenger sallallaahu `alayhi wa sallam did not differ. Since when they concur upon an issue, then anyone who opposes them will be considered a deviant. But if they differ, then one person can adopt one of their views, whilst the other can adopt the other view; hence there would be flexibility in this matter."
Likewise, Maalik and other scholars have said:
"It is not for the scholar to compel the people to adopt his views."
This is why scholars who wrote books about ordering the good and forbidding the evil - from the followers of ash-Shaafi`ee and others - have stated: Indeed there is to be no forbidding with the hand in the likes of such issues of ijtihaad, nor is it for anyone to compel the people to follow him in his view. However, he may speak about it with knowledge-based proofs. Whoever then sees the correctness of one of the two views, after it being clarified to him, may then follow it. But whoever follows the other opinion, then there is to be no forbidding him. And the likes of these issues are many…
http://www.islaam.com/Article.aspx?id=597
Etiquettes Of Differing In What Is Permissible
By: Shaykh Saalim ibn Saalih al-Marfadee
Understanding the Etiquettes of Differing
© 2000 Message of Islam
Islaam has laid down lofty standards for how the Muslim, who traverses the methodology of the Prophetic Sunnah, should deal with his brother who has differed with him in an issue of ijtihaad. Indeed, how outstanding is the statement of the merciful gift [i.e. the Prophet sallallaahu 'alayhi wa sallam]:
"Indeed I have been sent to perfect noble manners." [Reported by al-Bukhaaree in al-Adabul-Mufrad (no.273). It was declared to be saheeh by Shaykh al-Albaanee in as-Saheehah (no.45).]
From these etiquettes (aadaab) are:
1 - To have an open heart in accepting what comes to you by way of clarification of the mistakes that you have made, and to know that this is from the sincere advice which your brother for Allaah's sake is giving to you as a gift. So know that your refusal of the truth and your becoming angry for your own self is actually from pride; may Allaah protect us. Indeed, the most eminently truthful, sallallaahu 'alayhi wa sallam, said:
"Pride is to reject the truth and to scorn other people." [Reported by Muslim (no.91)]
There are many examples of this noble mannerism that our Pious Predecessors have demonstrated to us; from them is what al-Haafidh Ibn Abdul-Barr said:
"A number of people informed me that Aboo Muhammad Qaasim ibn Asbagh said: When I travelled to the east, I stopped of at al-Qayrawaan and I took the hadeeth of Musaddad from Bakr ibn Hammaad. I then proceeded to Baghdad and met the people. When I left, I returned to him [i.e. Bakr] to complete the hadeeth of Musaddad, so one day I read to him the hadeeth of the Prophet sallallaahu 'alayhi wa sallam: "That a people from Mudar came in stripped woolen shirts (mujtaabee an-nimaar) He said to me: It is: 'mujtaabee ath-thimaar'. So I said: 'Mujtaabee an-nimaar' is how I read it out to all those I read it to in Andalus and Iraq. So he said to me: You have, by entering Iraq, contradicted us and become arrogant against us. Then he said: Stand with us and let us go to that shaykh - a shaykh who was in the mosque - for he has the likes of this knowledge. So I went with him and we asked him about this, so he replied: It is: 'mujtaabee an-nimaar,' just as you said. They used to wear stripped clothing, with pockets at their fronts. And nimaar is the plural of nimrah. Bakr ibn Hammaad then said whilst holding his nose: My nose debases itself to the truth, my nose humbles itself to the truth, [and] he then departed." [Mukhtasar Jaami` Bayaanul-`Ilm wa Fadlihi (p.123); abridged by Shaykh Ahmad ibn `Umar al-Mumasaanee.]
O my brother for the sake of Allaah - may Allaah safeguard you - do you not see this amazing sense of justice. How much are we in need of it today?! However, this is not possible except for those who purify their intentions for Allaah's sake. Indeed here is Imaam Maalik, may Allaah have mercy upon him, saying:
"There is nothing in our time more scarce than justice." [Mukhtasar Jaami` Bayaanu1-`Ilm wa Fadlihi (p.120)]
So what is the case in our present time; a time in which false desires are plentiful? We seek refuge in Allaah from the misguiding trials.
2 - That you should use the finest and most appropriate words when discussing and debating with your brother, for Allaah the Exalted has said:
"And speak good to the people." [Soorah al-Baqarah 2:83]
Abud-Dardaa relates that the Prophet 'alayhis-salaam said:
"There is nothing that will be heavier in the Believer's scales, on the Day of judgement, than good character. Indeed Allaah hates the wicked and the ill-mouthed person." [Reported by Aboo Daawood (no. 4799), it was declared to be saheeh by al-haafidh Ibn Hair in Bulooghul-Maraam (no.1523).]
3 - That you should discuss with your brother with that which is better, for that which is even more appropriate. Your guiding principle in this should be the truth and its clarification; it should not be to seek victory for your ego or your soul that invites towards evil. Your character in that which you utter should be one of sincerity (ikhlaas). If however, the affair with your brother reaches the level of speculative argumentation, then give him the greeting of salaam and remind him of the saying of the Messenger sallallaahu 'alayhi wa sallam:
"I am a guarantor for a house on the outskirts of Paradise for the one who leaves of arguing, even if he is in the right." [Reported by Aboo Daawood (no.4800). It was declared to be hasan by Shaykh al-Albaanee in as-Saheehah (no.273).]
Al-Haafidh Ibn `Abdul-Barr mentioned that Zakariyyah ibn Yahyaa said:
"I heard al-Asma`ee saying that `Abdullaah ibn Hasan said: Argumentation corrupts friendship and unties the strongest of bonds. The least harm it contains is strife, and strife leads to severing relations.
Ja'far ibn `Awf said: I heard Mis`ar saying, whilst addressing his son Kidaam:
I present to you my advice, O Kidaam;
So listen to a father, compassionate to you.
As for joking and argumentation, then leave them;
They are traits I do not approve offor a friend.
Having tried them, I did not found them praiseworthy,
Neither for a close neighbour, nor for a close friend.
[Mukhtasar Jaami` Bayanul-`Ilm wa Fadlihi (p.278)]
The Pious Predecessors have left us splendid examples about the etiquettes of differing; amongst them is:
What al-Bukhaaree (no.5704) and Muslim (no.220) report from Husain ibn `Abdur-Rahmaan who said:
I was with Sa`eed ibn Jubayr when he said: Who amongst you saw the shooting stars last night. I replied: I did. Then I said: Not because I was praying at that time, but because I had been stung by a scorpion. He said: So what did you do? I replied: I used an incantation (ruqyaa). He said: Why did you do that? I said: Because of a hadeeth related to me by ash-Sha`bee. He said: What did he relate to you? I replied: He related from Buraydah ibn al-Husain who said:
"There is no incantation, except for the evil eye or a sting."
Sa'eed said: He has done well in halting at what he has heard [of knowledge]. However Ibn 'Abbaas related to us ... [and he went on to narrate the hadeeth]."
Look at this sublime mannerism from one of those who inherited knowledge from ibn `Abbaas, may Allaah be pleased with him. He was not severe, rather he was kind to him because he was acting upon what he had of the evidence. Then he explained to him what was better, but with a gentle rectification supported by the proof. http://www.islaam.com/Article.aspx?id=623 | |
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