MADHAB

Differences of opinion: Their Causes

& The Muslim’s stance towards them

Verily, all praise is for Allah, the only

true God worthy of worship, and peace

and blessings be upon Muhammad,

the slave and final

Messenger of Allah. The reason this topic

is being written about, when this page could

have well been written about matters of

more importance pertaining to this deen is

because it occupies the minds of many

people, especially in this time of ours.

It causes confusion not only in the minds

of the common people but in the students

of knowledge. In addition, this article aims

at eliminating hatred, enmity,

and disunity amongst Muslims

as a result of differences in opinion.

We ask Allah Most High, upon taking

a glimpse at this topic, that there

will develop an increase in the

respect of scholars and tolerance

towards other Muslims who hold

valid opinions that may be contrary

to that of others.

During the lifetime of Prophet

Muhammad (s.a.w), people used to

refer directly to him when in dispute,

so he would judge between them,

making the truth plain to them. How

often do we read in the Qur’an:

“They ask you regarding…” upon

which Allah (s.w.t) would then reply

to His Prophet with a clear answer,

ordering him to convey it to the people.

Some examples include the following

verses:

“They ask you as to what is lawful

for them. Say, ‘Lawful unto you are

all things good and pure…’” 1

“And they ask you as to what they

should spend. Say, ‘What is beyond

your needs…’” 2

“They ask about the spoils of war.

Say, ‘The spoils of war are for Allah

and the Messenger…’” 3

“They ask you about the new moon.

Say, ‘They are signs to indicate fixed

periods of time for mankind and for

the pilgrimage…’” 4

After the demise of the greatest

man ever to have set foot on the face

of the earth, the Prophet Muhammad

(s.a.w), the Muslim Ummah (nation)

differed on legal rulings of the

Shari’ah.

However, these disagreements

within subsidiary issues did not

affect or harm the fundamentals of

the deen, hence, did not impose on

the principles of the Shari’ah nor it’s

root sources—the Qur’an and the

Sunnah.

None of the scholars who are trusted

and relied upon with respect to

their knowledge, trustworthiness and

religion, intentionally oppose the

book of Allah and the Sunnah of His

Messenger (s.a.w). Nevertheless, it is

indeed possible for scholars to commit

mistakes in the laws of Allah

because the human, as Allah

describes him, is weak: “…and man

was created weak.”5

Therefore, man is weak in his

knowledge and perception, and he is

weak in his understanding and comprehension.

As a result, mistakes

will emanate from him in some matters.

Mistakes committed by the

majority of the scholars are not in the

fundamentals, except there are those

who have fallen into error and stood

in opposition to certain fundamentals

of Ahlus-Sunnah as a result of their

ijtihaad.

Ibn Taymiyyah states: “…Many of

the Mujtahidoon of the Salaf (pious

predecessors) and those later on have

said and performed deeds which are

innovations. They, however, did not

know these deeds to be acts of innovation

due to weak hadiths which

they believed to be authentic, or

incorrectly understanding verses of

the Qur’an or due to an opinion they

exerted in an issue which had textual

evidences they were not aware

of…”6

The Causes

The following causes are some of

the frequent found reasons amongst

differing scholars:

The evidence was not known to the

scholar, which to error in his

judgement.

Evidence pertaining to a particular

issue or issues of the deen not reaching

a scholar, whether he was one of

the four schools of thought7 or any of

the scholars that came after them,

was not something unique to them

only. This also happened to the companions

themselves. This can be

seen in the hadith collected in Saheeh

Bukhari, which stated that:

‘Umar ibn Al-Khattaab (r.a) was

travelling to Ash-Shaam. Along the

way, someone mentioned to him that

a plague had broken out there. So he

stopped and started to seek counsel

from the companions. He counseled

both the Muhaajiroon and the

Ansaar, and the companions differed

on this issue which resulted in two

opinions, the correct being that they

should not travel to Sham but return

to Madinah. During this deliberation

and consultation, ‘Abdur-Rahman

ibn ‘Awf, who had been preoccupied

and therefore not initially present,

turned up and remarked: “I have with

me some knowledge on this matter. I

heard the Messenger of Allah (s.a.w)

say: ‘If you hear of it (i.e. a plague)

being in a land, do not go there, and

if it breaks out in a land which you

are in, do not leave in flee of it.’”8

This example illustrated that people

who lived during the time of revelation

did not have knowledge and

evidences regarding everything. The

above ruling given by ‘Abdur-

Rahman ibn ‘Awf was not only not

known to the chief of the believers,

‘Umar ibn al-Khataab (r.a), but also

to the major companions of the

muhaajiroon and Ansaar.

The hadith is known to the scholar,

however he regards it as contradictory

to a stronger hadith.

Once again, let us look at an example

involving the companions themselves

and not those after them.

Fatimah, the daughter of Qays

(May Allah be pleased with her) was

divorced from her husband for the

third and final time. The husband

arranged for wheat to be sent to her

as a means of sustenance during her

waiting period. She, however, belittled

it and refused to accept it. They

then took their case up with the

Prophet (s.a.w), whereupon, he

informed her that she in fact had no

legal claim to any maintenance or

accommodation.9

Umar ibn Al-Khataab was unaware

of this Sunnah and held the view that

the woman in such a predicament

was entitled to maintenance and

housing. He rejected the above mentioned

hadith on the basis that she

might have forgotten and said: “Are

we to leave the saying of our Lord

for the saying of a woman, when we

know not if she has remembered or

forgotten?”

The verse ‘Umar (r.a) was referring

to is: “…and do not turn them out of

their (husbands’) homes, nor shall

they (themselves) leave unless they

are guilty of open lewdness…”10

The chief of the believers did not

have any confidence in the authenticity

of this piece of evidence. There

are numerous examples where we

notice that some scholars regard a

certain hadith as authentic, so they

give judgement in accordance to it.

Whilst others see it as being weak, so

do not consider it due to a lack of

trust as to whether it actually was

reported from the Messenger of

Allah (s.a.w).

The scholar knew the hadith but

he did not recollect it.

Indeed just how many people find

that a hadith or a verse from the

Qur’an has slipped from their

minds. Even the Prophet (s.a.w)

can forget, the one to whom revelation

is sent down. Allah (s.w.t)

said: “We shall cause you to recite

so that you do not forget, except

what Allah wills…”11

The Messenger of Allah (s.a.w)

led his companions in prayer one

day and he missed out a verse forgetfully.

Ubayy ibn Ka’b was present

with him, so when the Prophet

(s.a.w) finished praying and was

informed that he missed a verse, he

said to Ubayy: “Why didn’t you

remind me of it?”12

An example for this cause was the

incident involving Umar ibn al-

Khataab and Ammaar ibn Yaasir

(May Allah be pleased with them

both). The Messenger of Allah

(s.a.w) had sent them on an errand.

On their journey one morning, both

of them awoke in a state of

Janaabah (major impurity).

Ammaar exercised his judgement

and saw that the purifying action of

the earth was the same as that of

water. So he rolled around on the

earth just as the animal would in

order to completely cover himself

with the earth just as it would have

been compulsory for him to cover

his entire body with water; he then

prayed.

As for Umar, he did not pray.

When they approached the Prophet

(s.a.w), he informed them of the

action that should have been taken

saying to Ammaar: “It would have

been enough for you to do this with

your hands.” The Prophet (s.a.w)

struck the ground with his hands

once, wiped his left hand on top of

his right hand, then he wiped his

palms and face.13

Ammaar used to relate this incident

before and during the khilaafah

of Umar. One day, Umar

summoned for him and said: “What

is this hadith which you keep relating?”

After Ammaar informed him of

the incident, Umar did not recall it

and said: “Fear Allah O Ammaar!”

So Ammaar said to him: “If you so

desire, as Allah has made binding

my obedience to you, I will stop

narrating this incident.”

Umar replied: “We leave you to

that which you have adopted.” (i.e.

relate it to the people).

Therefore, we see that Umar had

forgotten that the Prophet (s.a.w)

allowed tayammum (dry ablution)

for the one in the state of janaabah,

just as it is allowed for the one who

is in the state of minor defilement.

The point to be made here is that a

scholar can forget, becoming oblivious

to the correct legal judgement

and therefore giving an incorrect

judgement, which he is excused for.

However, the one who is aware of

the evidences is not excused.

The scholar is aware of the

evidence but understands it

incorrectly.

An example from the Sunnah to

support this cause is the incident

where the companions differed with

each other on their way to a battle.

The Messenger of Allah (s.a.w)

ordered his companions to set out

for Bani Quraydhah and said:

“None of you should pray ‘Asr

except at Bani Qurayhdah.”14

The companions understood this

command differently: Some

thought that the Messenger of

Allah’s intention was for them to

make haste in setting off so that

when the time for ‘Asr prayer

arrived, they would already be at

Bani Quraydhah.

Consequently, when the time for

‘Asr prayer set in and they were in

fact still on their way, they prayed

and did not delay it out of its prescribed

time. The other companions

understood the Messenger of

Allah’s order to mean that they

should not pray ‘Asr until they

reach Bani Quraydhah. Hence they

delayed their prayer until they

reached Banee Quraydhah and

therefore prayed it outside its time.

This hadith is a fundamental evidence

for not rebuking the Mujtahid

who falls into error when exercising

his judgement. This is only true

when certain conditions are met.

Some of them are the following:

Firstly, the person performing

Ijtihaad is qualified to do so.

Secondly, the particular issue in

which he errs in is open to Ijtihaad.

Thirdly, the person exherts his

utmost in trying to arrive at the correct

ruling. Also, the person must

have some form of evidence, which

he uses to justify his position.

The Messenger of Allah (s.a.w)

said: “If a judge gives a ruling upon

Ijtihaad and is correct, he will attain

two rewards, and if he performs

Ijtihaad and errs in his ruling, then

he secures one reward.”15

So, it is only when the previously

mentioned conditions are met that

this hadith can take effect. This is an

extremely important matter related

to “differing” mentioned by a number

of scholars like Ash-Shaatibi,

Al-Khataabi, Ibn Taymiyyah and

their like.

In the example of Bani Quraydhah,

the correct position was with those

who prayed on time. This was

because the texts which made the

prayers at their stated times obligatory,

were clear and conclusive; and

this hadith was a vague text.

Therefore, the sound and correct

methodology that should be adopted

in such circumstances was to

refer those texts that were vague

and ambiguous back to those that

were clear and conclusive. And

Allah knows best!

The scholar is aware of the

hadith,

but it is in fact abrogated.

At the advent of Islam, the praying

person, when in rukoo’ used to

put his hands together and place

them between his knees. However,

this was later abrogated, and the

new ruling was for one to place his

hands on his knees.16

Once, Alqamah and Al-Aswad,

two famous taabieen scholars from

amongst the students of Ibn

Masoud prayed at his side; they

placed their hands on their knees,

whereupon, he prohibited them and

ordered them to do as he did. This

is because he did not know of the

abrogation. Hence, a scholar may

use as evidence for his ruling a

hadith that is authentic, its meaning

may also be understood correctly,

however, little did he know of its

abrogation.

The scholar is aware of the evidence,

but he sees it to lie in conflict or

contradiction to a stronger evidence.

We often hear one asserting that

there is a consensus of the scholars

on a particular issue, only to find out

that no such consensus has in fact

taken place. An example of this is

that a group related that there was a

consensus of the scholars on the

acceptance of a slave’s testimonial,

whilst others reported that there was

a consensus on the rejection of a

slave’s testimony.

The reason for this to occur is

because a certain type of individual,

who is surrounded by people who

agree with him on an issue, believes

that not a single person disagrees

with him due to his full conviction

that this judgement is exactly what

the texts imply.

Hence, two evidences form in his

mind: the text and a consensus of the

scholars. In addition, he may even

feel that this judgement is supported

by correct analogical deduction

known as qiyaas. Therefore he

judges that no one differs on this text

which to him is supported by correct

qiyaas. The reality however, is the

complete opposite.

Ibn ‘Abbaas (r.a) is of the opinion

that ribaa (usury) only occurred in

an-nasee’ah17, whilst the scholars

after him have all agreed that ribaa is

of two types: al-fadl18 and annasee’ah.

The scholar gives a ruling based

on a hadith he deems to be

authentic, whilst others see it as

weak (da’if).

A weak hadith is not a true saying

or action of the Prophet (s.a.w) and

cannot be used to prove any point of

Islamic Law. Thus any law which is

based on such a hadith is considered

incorrect.

In the hadith collected by Abu

Dawud, whereby Hafs ibn

Ghayyaath reported from ‘Abdur-

Rahmaan ibn Is-haaq from…that Ali

ibn Abi Taalib was supposed to have

said: “The Sunnah position of the

hands in Salaah is to place one hand

on the other hand, below the navel.”

This hadith is classified as weak

because Abdur-Rahmaan was a

known liar. In another hadith also

collected by Abu Dawud, and

which the scholars of hadith classified

as authentic, Taawoos reported:

“Allah’s Messenger (s.a.w) used to

put his right hand on his left hand

and place them on his chest whenever

he was in Salaah.”

Another example is the differences

of opinion concerning the

prayer of Tasbeeh. Whilst some

scholars view it as legislated and

justifiable, others deem the hadiths

regarding it as not authentic.

Shaykhul-Islam Ibn Taymiyyah

said: “It’s hadith is a lie on the

Prophet.”

Whose opinion should we follow?

It is obligatory on the Muslim to

search and investigate in order to

find the one closest to the correct

opinion. Just as a person, who is

sick, looks for the most competent

person in the field of medicine, then

the same applies here, as knowledge

is a remedy for the hearts.

It is not a condition that you take

all your rulings from the most

knowledgeable person of your time.

This is because not every knowledgeable

person always holds the

correct opinion. This statement can

be supported by the fact that, at the

time of the companions, people

would ask one who was less knowledgeable

than others who were also

present.

At the very least, a Muslim should

refer to those whom he believed to

be the most competent in both his

religion and knowledge, one who

refered back to the Qur’an and

authentic Sunnah. The notion that

because there was a difference on a

particular issue matter (e.g. with

regard to the prohibition of something),

it therefore became permissible

was completely rejected by the

Sunnah. If we were to accept this

then we would declare lawful riba,

illegal marriages like mut ‘ah and

certain intoxicating drinks because

the ummah differed in these issues.

Allah Most High says: “If you differ

in anything amongst yourselves,

refer it back to Allah and His

Messenger, if you believe in Allah

and in the Last Day.”19

Let us conclude by citing some of

the statements of the Imaams of the

four schools of thought (May Allah

have mercy on them all):

Abu Haneefah

“If a hadeeth is found to be saheeh,

then it is my madhhab.”20

“It is not permitted for anyone to

accept our views if they do not know

from where we got them.”21

Maalik ibn Anas

“Truly I am only a mortal: I make

mistakes (sometimes) and I am correct

(sometimes). Therefore, look

into my opinion: All that agrees with

the Book and the Sunnah, accept it;

and all that does not agree with the

Book and the Sunnah, ignore it.”22

“Everyone after the Prophet (Peace

and blessings of Allaah be upon him)

will have his sayings accepted and

rejected, except the Prophet (Peace

and blessings of Allaah be upon

him).”23

Shaafi’i

“If you find in my writings something

different to the Sunnah of the

Messenger of Allaah (peace and

blessings of Allaah be upon him),

then speak on the basis of the Sunnah

of the Messenger of Allaah (peace

and blessings of Allaah be upon

him), and leave what I have said.”24

“When a hadeeth is found to be

saheeh, then that is my madhhab.”25

Ahmad ibn Hanbal

“Do not follow my opinion; neither

follow the opinion of Maalik, nor

Shaafi’i, nor Awzaa’i, nor Thawri,

but take from where they took.”26

Therefore reflect on these sayings,

for they are alone are enough to

smash blind following of opinion.

And Allaah knows best. Alhamdu

Lillah and may the peace and blessings

of Allaah be upon His

Messenger Muhammad.

…………………………………………

1. Al-Maa’idah, 5: 4

2. Al-Baqarah, 2: 219

3. Al-Anfaal, 8: 1

4. Al-Baqarah, 2: 189

5. An-Nisaa, 4: 28

6. Majmoo’ al-Fataawa

(vol. 19, pg. 191)

7. Abu Hanifa, Maalik,

Shafi, and Ahmad ibn

Hanbal (May Allah have

mercy on them all)

8. Saheeh al-Bukhari,

English translation,

4/452/no. 679

9. Saheeh Muslim, English

translation, 2/769-773

10. At-Talaaq, 65: 1

11. Al-A’laa, 87: 6-7

12. Sunan Abu Dawud

and Musnad Imam Ahmad

ibn Hanbal

13. Saheeh Bukhari,

English translation,

1/208/no. 343

14. Saheeh Bukhari,

English translation, 2/34

15. Saheeh Bukhari,

Muslim, and others

16. Saheeh Bukhari

17. Illegal profit earnt on a

lent commodity

18. Illegal profit earnt by

exchanging the same commodity,

different in quality

19. An-Nisaa, 4: 59

20. Ibn ‘Aabideen in al-

Haashiyah (1/63 and others)

21. Ibn al-Qayyim in

I’laam al-Mooqi’een

(2/309) and others

22. Ibn ‘Abdul Barr in

Jaami’ Bayaan al-‘Ilm

(2/132) and others

23. Ibn Hazm in Usool al-

Ahkaam (6/145,179) and

others

24. Khateeb in Al-Ihtijaaj

bi ash-Saafi’i (8/2) and

others

25. Nawawi in Al-Majmoo’

(1/63) and others

26. Ibn al-Qayyim in

I’laam (2/302) and others

…………………………..