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Thursday, September 23, 2010

Ikhtilaf - (differences) among the Madhhabs in Islam, Differences of Opinion are a Mercy

Ikhtilaf - (differences)
among the Madhhabs
in Islam
Differences of Opinion
are a Mercy


1. Al-Hafiz al-Bayhaqi in his book
"al-Madkhal" and al-Zarkashi in
his "Tadhkirah fi al-ahadith al-
mushtaharah" relate: Imam al-
Qasim ibn Muhammad ibn Abi Bakr
al-Siddiq said: "The differences
among the Companions of
Muhammad (s) are a mercy for
Allah's servants. Al-Hafiz al-`Iraqi
the teacher of Ibn Hajar al-
`Asqalani said: "This is a saying of
al-Qasim ibn Muhammad who said:
'The difference of opinion among
the Companions of Muhammad (s)
is a mercy.


...Read the remaining part from the comments

7 comments:

  1. 2. Al-Hafiz Ibn al-Athir in the
    introduction to his "Jami` al-usul
    fi ahadith al-rasul" relates the
    above saying from Imam Malik
    according to al-Hafiz Ibn al-
    Mulaqqin in his "Tuhfat al-muhtaj
    ila adillat al-Minhaj" and Ibn al-
    Subki in his "Tabaqat al-
    Shafi`iyya."
    3. Bayhaqi and Zarkashi also said:
    Qutada said: "'Umar ibn `Abd al-
    `Aziz used to say: 'It would not
    please me more if the
    Companions of Muhammad (s) did
    not differ among them, because
    had they not differed there
    would be no leeway (for us).'"
    4. Bayhaqi also relates in "al-
    Madkhal" and Zarkashi in the
    "Tadhkira": Al-Layth ibn Sa`d said
    on the authority of Yahya ibn
    Sa`id: "the people of knowledge
    are the people of flexibility
    (tawsi`a). Those who give fatwas
    never cease to differ, and so
    this one permits something while
    that one forbids it, without one
    finding fault with the other when
    he knows of his position."
    5. Al-Hafiz al-Sakhawi said in his
    "Maqasid al-hasana" p. 49 #39
    after quoting the above: "I have
    read the following written in my
    shaykh's (al-Hafiz ibn Hajar)
    handwriting: 'The hadith of Layth
    is a reference to a very famous
    hadith of the Prophet (s), cited
    by Ibn al-Hajib in the
    "Mukhtasar" in the section on
    qiyas (analogy), which says:
    "Difference of opinion in my
    Community is a mercy for
    people" (ikhtilafu ummati
    rahmatun li al-nas). There is a lot
    of questioning about its
    authenticity, and many of the
    imams of learning have claimed
    that it has no basis (la asla lahu).
    However, al-Khattabi mentions it
    in the context of a digression in
    "Gharib al-hadith" . . . and what
    he says concerning the tracing
    of the hadith is not free from
    imperfection, but he makes it
    known that it does have a basis
    in his opinion.'"

    ReplyDelete
  2. 6. Al-`Iraqi mentions all of the
    above (1-5) in his "Mughni `an
    haml al-asfar" and says: "What is
    meant by "the Community" in this
    saying is those competent for
    practicing legal reasoning (al-
    mujtahidun) in the branches of
    the law, wherein reasoning is
    permissible."
    NOTE: What `Iraqi meant by
    saying "the branches wherein
    reasoning is permissible" is that
    difference is not allowed in
    matters of doctrine, since there
    is agreement that there is only
    one truth in the essentials of
    belief and anyone, whether a
    mujtahid or otherwise, who
    takes a different view
    automatically renounces Islam.
    (Shawkani, "Irshad al-Fuhul" p.
    259 as quoted in Kamali,
    "Principles of Islamic
    Jurisprudence" p. 383.) Al-Albani
    in his attack on the hadith
    "Difference of opinion in my
    Community is a mercy" ignores
    this distinction and even adduces
    the verse: "If it had been from
    other than Allah they would
    have found therein much
    discrepancy" (4:82) in order to
    prove that differences can
    never be a mercy in any case
    but are always a curse. Al-
    Albani's point is directed entirely
    against those who are content
    to follow a madhhab. The only
    scholar he quotes in support of
    his position is Ibn Hazm al-Zahiri,
    whose mistake he adopts
    without mentioning it was
    denounced by Nawawi. ("Silsila
    da`ifa" 1:76 #57)
    7. Ibn Hazm said in "al-Ihkam fi
    usul al-ahkam" (5:64): "The saying
    "Difference of opinion in my
    Community is a mercy" is the
    most perverse saying possible,
    because if difference were
    mercy, agreement would be
    anger, and it is impossible for a
    Muslim to say this, because
    there can only be either
    agreement, or difference, and
    there can only be either mercy,
    or anger." However, Imam
    Nawawi said in his Commentary
    on "Sahih Muslim": "If something
    (i.e. agreement) is a mercy it is
    not necessary for its opposite to
    be the opposite of mercy. No-
    one makes this binding, and no-
    one even says this except an
    ignoramus or one who affects
    ignorance. Allah the Exalted said:
    "And of His mercy He has made
    night for you so that you would
    rest in it," and He has named
    night a mercy: it does not
    necessarily ensue from this that
    the day is a punishment."
    8. Al-Khattabi said in "Gharib al-
    hadith": "Difference of opinion in
    religion is of three kinds: - In
    affirming the Creator and His
    Oneness: to deny it is kufr
    (disbelief); - In His attributes and
    will: to deny them is innovation; -
    In the different rulings of the
    branches of the law (ahkam al-
    furu`): Allah has made them
    mercy and generosity for the
    scholars, and that is the meaning
    of the hadith: "Difference of
    opinion in my Community is a
    mercy." Al-Jarrahi cited it in
    "Kashf al-khafa" 1:64 #153.

    ReplyDelete
  3. 9. Al-Hafiz al-Suyuti says in his
    short treatise "Jazil al-mawahib
    fi ikhtilaf al-madhahib" (The
    Abundant Grants Concerning the
    Differences Among the Schools):
    "The hadith "Difference of opinion
    in my Community is a mercy for
    people" has many benefits among
    which are the fact that the
    Prophet (s) foretold of the
    differences that would arise
    after his time among the
    madhahib in the branches of the
    law, and this is one of his
    miracles because it is a
    foretelling of things unseen.
    Another benefit is his approval
    of these differences and his
    confirmation of them because he
    characterizes them as a mercy.
    Another benefit is that the
    legally responsible person can
    choose to follow whichever he
    likes among them." After citing
    the saying of `Umar ibn `Abd al-
    `Aziz already quoted (#3 above),
    Suyuti says: "This indicates that
    what is meant is their
    differences in the rulings in the
    branches of the law."
    10. The muhaddith al-Samhudi
    relates al-Hafiz Ibn al-Salah's
    discussion of Imam Malik's saying
    concerning difference of opinion
    among the Companions: "Among
    them is the one that is wrong
    and the one that is right:
    therefore you must exercise
    ijtihad." Samhudi said: "Plainly, it
    refers to differences in legal
    rulings (ahkam). Ibn al-Salah said:
    "This is different from what
    Layth said concerning the
    flexibility allowed for the
    Community, since this applies
    exclusively to the mujtahid as he
    said: "you must exercise ijtihad,"
    because the mujtahid's
    competence makes him legally
    responsible (mukallaf) to exercise
    ijtihad and there is no flexibility
    allowed for him over the matter
    of their difference. The flexibility
    applies exclusively to the
    unqualified follower (muqallid).
    The people meant in the saying:
    "Difference of opinion in my
    Community is a mercy for people"
    are those unqualified followers.
    As for the import of Malik's
    saying "Among the Companions is
    the one that is wrong and the
    one that is right," it is meant
    only as an answer to those who
    say that the mujtahid is able to
    follow the Companions. It is not
    meant for others.""

    ReplyDelete
  4. 11. The author of "al-Fiqh al-
    Akbar" (attributed to Imam Abu
    Hanifa) said: "Difference of
    opinion in the Community is a
    token of divine mercy."
    12. Ibn Qudama al-Hanbali said in
    "Al-`Aqa'id": "The difference in
    opinion in the Community is a
    mercy, and their agreement is a
    proof."
    Discussion
    The decision of `Umar whereby
    he gave precedence to `Ubayy
    ibn Ka`b's ijtihad over the ijtihad
    of `Abdullah ibn Mas`ud on the
    validity of praying in a single
    garment is not a proof that
    `Abdullah was wrong, rather it is
    a proof that `Umar exercised his
    own ijtihad and authority as the
    Greater Imam in settling the
    question. He overruled, not
    invalidated, and if Ibn Mas`ud
    held his position from the
    Prophet (s) he cannot change it
    even after `Umar's ruling. This is
    true of every true mujtahid at
    any time: he is obligated to
    follow the result of his own
    ijtihad even if it should differ
    with that of every other
    mujtahid of the past and
    present, unless he becomes
    convinced that he was mistaken
    in his previous ijtihad.
    According to all the scholars it is
    incumbent upon the leader of
    the Muslims to be a mujtahid and
    it is his responsibility in such
    cases to settle the question for
    the sake of the people of his
    time, and that is the proper
    context of Imam Malik's injuction:
    "Exercise ijtihad." It is addressed
    to the mufti who must establish
    what is correct in clearcut
    fashion, not to the muqallid
    (follower) who is only interested
    in "a way to follow" (= madhhab)
    without having to verify its
    proofs and inferences. However,
    another mufti may reach
    another conclusion and be
    followed, and is not bound by
    that of the first, nor are those
    who take their fatwa from him,
    and no-one finds fault with the
    other, as Al-Layth ibn Sa`d
    stated.
    A clear proof that the fatwa of
    the leader overrules but does
    not invalidate the opinion of the
    Companions even if it directly
    contradicts it, is the fact that
    when `Umar ibn al-Khattab
    proposed to have all the hadith
    collected and written down he
    consulted the Companions and
    they unanimously agreed to his
    proposal; later he disapproved of
    it and ordered that everyone
    who had written a collection
    burn it. Yet `Umar ibn `Abd al-
    `Aziz later ordered that hadith
    be collected and written. Al-Hafiz
    al-Baghdadi relates it in his
    "Taqyid al-`ilm" 49, 52-53,
    105-106, and Ibn Sa`d in his
    "Tabaqat" 3(1):206, 8:353.
    Those who think they are
    mujtahid but in reality are
    unqualified, when faced by the
    followers of madhahib, cover up
    their ignorance with the flashy
    claim: "We follow Qur'an and
    Sunna, not madhahib." When it is
    pointed out to them that to
    follow a madhhab is to follow
    Qur'an and Sunna through true
    ijtihad, they become upset: "How
    can the four madhhabs differ
    and be right at the same time? I
    have heard that only one may
    be right, and the others wrong."
    The answer is that one certainly
    follows only the ruling that he
    believes is right, but he can
    never fanatically invalidate the
    following of other rulings by
    other madhahib, because they,
    also, are based on sound
    principles of ijtihad. At this they
    rebel and begin numbering the
    mistakes of the mujtahids: "Imam
    Malik was right in this, but he
    was wrong in that; Imam Shafi`i
    was right in this, but he was
    wrong in that . . . " This is what
    they say, and what they hide in
    their heart is worse because it
    includes even the Companions.
    This we will never accept. But
    when they are rebuked for this
    blatant disrespect they make it
    known that they have been
    wronged and "They are arrogant
    in their sin" (2:206). This is
    nothing else than the legacy of
    the Wahhabi/Salafi movement.
    Blessings and Peace on the
    Prophet, his Family, and His
    Companions. May Allah be well
    pleased with the Four Mujtahid
    Imams, and all the scholars who
    feared Allah truly.

    ReplyDelete
  5. Source:
    Madhabs - Modern Religion:
    http://www.themodernreligion.com/index2.html

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