IKHTILAF: Differences of Opinion are a Mercy

[AbuZayd]

Ikhtilaf

(differences) among the Madhhabs in Islam


Dr. G. Fouad Haddad



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.

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.'"

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.

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.""

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."

[AbuZayd]

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.

[AbuZayd]

Question: On the day of Judgement, if we followed a valid legal opinion (under a madhab) be it minority or majority, strong or weak, and it turns out to be incorrect - will it count as sin?





No. It will not count as an act of disobedience as long as the person who issued it was an absolute mujtahid (e.g., Imam Malik or Imam Abu Hanafi) or a mujtahid within a madh-hab (e.g., al-Qarafi, Qadi `Iyad, Ibn `Abd al-Barr, Ibn al-`Arabi, Ibn Rushd al-Kabir, etc.).

The proof for this is the hadith of the Prophet (May Allah bless him and give him peace) in Sahih Bukhari:

"idha hakama l-hakimu fa j-tahada thumma asaba, falahu ajrani wa idha hakama fa j-tahada thumma akhta'a, falahu ajrun [{Bukhari, i`tisam bi l-kitab qa s-unnah, ajru l-hakimi idha j-tahada, hadith #6805}).

“When a haakim (i.e. absolute or restricted mujtahid) gives a legal ruling and is actually correct, he has two rewards. When a haakim gives a legal ruling and is actually wrong, he still gets one reward.”

The fact that the Prophet (May Allah bless him and give him peace) states that there is reward in the errant opinion of a mujtahid demonstrates that those who follow the mujtahid are forgiven and *rewarded*.

This is the meaning of the hadith: "ikhtilafu l-`ulama' rahmatun li ummati."

The meaning is: "Disagreement of the scholars of din [in this world] is [reason for] a mercy for the members of my ummah [in the next world].

Sheikh Abuqanit Hasani, Maliki scholar, Guiding Helper Foundation


Abuqanit Hasani has been studying Jurisprudence formally for over
ten years. Although this is not a very long time, those that have
in actuality studied with him in person (a rare few) agree that
he is far more qualified and understands the issues at a far greater
depth than the average gray-bearded sheikh alive today who
may claim to have been studying for thirty or forty years.

As for the texts he has studied with `Ali Filali and his other Teachers,
they are about fifty substantial Arabic texts, such as the over twenty
volume Tafsir Imam al-Qurtubi, the eight volume al-Khurashi Sharh
Mukhtasar Khalil, Tuhfah al-Hukkam, al-Qawanin al-Fiqhiyyah, the
various available shuruh of al-Murshid al-Mu`in, al-Khulasah
al-Fiqhiyyah, al-Mudawwanah al-Kubra, Muqaddimat ibn Rushd,
etc.

Additionally, he has perused many traditional and ancient Arabic
books about `aqidah, fiqh, and tasawwuf, which amount to near or
over one thousand separate works.

Also, he is a Hafiz of the Qur'an and has memorized well over ten
thousand hadith (not counting duplications). He has also memorized
thousands of lines of mutun (similar to the al-Murshid al-Mu`in).
His mastery of the Arabic language in its grammar and lexicography
is surpassed by perhaps only a few in the world alive today.

[salman]

Sallamu Alaikum

Jazakallah Khairun Akhi, Insha'Allah in the forthcoming days i will try to type out Shaikh Muhammad Khandehlwis "Ikhtilaf Al Ummah".

Wallahu A'lam

[Omar HH]

Question: On the day of Judgement, if we followed a valid legal opinion (under a madhab) be it minority or majority, strong or weak, and it turns out to be incorrect - will it count as sin?





No. It will not count as an act of disobedience as long as the person who issued it was an absolute mujtahid (e.g., Imam Malik or Imam Abu Hanafi) or a mujtahid within a madh-hab (e.g., al-Qarafi, Qadi `Iyad, Ibn `Abd al-Barr, Ibn al-`Arabi, Ibn Rushd al-Kabir, etc.).

The proof for this is the hadith of the Prophet (May Allah bless him and give him peace) in Sahih Bukhari:

"idha hakama l-hakimu fa j-tahada thumma asaba, falahu ajrani wa idha hakama fa j-tahada thumma akhta'a, falahu ajrun [{Bukhari, i`tisam bi l-kitab qa s-unnah, ajru l-hakimi idha j-tahada, hadith #6805}).

“When a haakim (i.e. absolute or restricted mujtahid) gives a legal ruling and is actually correct, he has two rewards. When a haakim gives a legal ruling and is actually wrong, he still gets one reward.”

The fact that the Prophet (May Allah bless him and give him peace) states that there is reward in the errant opinion of a mujtahid demonstrates that those who follow the mujtahid are forgiven and *rewarded*.

This is the meaning of the hadith: "ikhtilafu l-`ulama' rahmatun li ummati."

The meaning is: "Disagreement of the scholars of din [in this world] is [reason for] a mercy for the members of my ummah [in the next world].

Sheikh Abuqanit Hasani, Maliki scholar, Guiding Helper Foundation


Abuqanit Hasani has been studying Jurisprudence formally for over
ten years. Although this is not a very long time, those that have
in actuality studied with him in person (a rare few) agree that
he is far more qualified and understands the issues at a far greater
depth than the average gray-bearded sheikh alive today who
may claim to have been studying for thirty or forty years.

As for the texts he has studied with `Ali Filali and his other Teachers,
they are about fifty substantial Arabic texts, such as the over twenty
volume Tafsir Imam al-Qurtubi, the eight volume al-Khurashi Sharh
Mukhtasar Khalil, Tuhfah al-Hukkam, al-Qawanin al-Fiqhiyyah, the
various available shuruh of al-Murshid al-Mu`in, al-Khulasah
al-Fiqhiyyah, al-Mudawwanah al-Kubra, Muqaddimat ibn Rushd,
etc.

Additionally, he has perused many traditional and ancient Arabic
books about `aqidah, fiqh, and tasawwuf, which amount to near or
over one thousand separate works.

Also, he is a Hafiz of the Qur'an and has memorized well over ten
thousand hadith (not counting duplications). He has also memorized
thousands of lines of mutun (similar to the al-Murshid al-Mu`in).
His mastery of the Arabic language in its grammar and lexicography
is surpassed by perhaps only a few in the world alive today.


Assalam Alaikum Akhi,
I know where you got that from. Why do I know where you got that from? How do I know where you got that from?

Maybe, i'm the one who ASKED that question! :D :cheesygri

Yes, I am Soulja from Ummah.com/forum

Oh beloved Akhi, may Allah (SWT) give you good in this world, and in the next, and forgive your sins, and always keep you happy.

Jazakallah wa Khayrun

[Sabaah]

:jazak: for this posting :)

Shaykh Hamza actually did an excellent lecture on Ikhtilaf at an isna convention in chicago a few years ago....i'll try to look that up :insh:

[abd66]

salaam 'alaykum,

That is because Allah hath revealed the Scripture with the truth. Lo! those who find (a cause of) disagreement in the Scripture are in open schism. 2:176

And be ye not as those who separated and disputed after the clear proofs had come unto them. For such there is an awful doom, 3:150

And We have revealed the Scripture unto thee only that thou mayst explain unto them that wherein they differ, and (as) a guidance and a mercy for a people who believe. 16:46

إختلاف has two meaning: difference and visitation.

According to some other tradition, what is meant by إختلاف أمتي رحمة is the visitation of my Ummah بعضهم بعضا of eachother is a mercy.

It does NOT mean the difference in my Ummah in beliefs or jurisprudence is a mercy. If that was true then their unity would be the opposite of mercy.

Such a belief is against the Qur'an.

In fact the Qur'an says the exact opposite.

And if thy Lord had willed, He verily would have made mankind one nation, yet they cease not differing, Save him on whom thy Lord hath mercy; and for that He did create them. And the Word of thy Lord hath been fulfilled: Verily I shall fill hell with the jinn and mankind together. 11:119,20

The only way that the Muslims would not differ after the Prophet's (sawa) demise is if the Prophet appointed a leader/successor and made it binding upon them to follow him after his demise. The Prophet did exactly that at Ghadeer Khumm concerning 'Ali. That was one of the greatest mercies of Allah on this Ummah. Those who recognize this mercy will never differ until the day of Judgement. Those who do not recognize this mercy will never cease to differ until the day of Judgement.

According to the Qur'an, to differ after knowledge is a bad thing. It lands a lot of people in hell.

Sahih Muslim mentions Ghadeer Khumm under the chapter of the virtues of 'Ali. Why do you think he put the hadeeth in that chapter? Put two and two together and stop playing games with the religion of God.

Whoever doesn't recognize the direct successorship of 'Ali after knowing about Ghadeer Khumm is DoomeD, with capital Ds.

Book 031, Number 5920:
Yazid b. Hayyan reported, I went along with Husain b. Sabra and 'Umar b. Muslim to Zaid b. Arqam and, as we sat by his side, Husain said to him: Zaid. you have been able to acquire a great virtue that you saw Allah's Messenger (may peace be upon him) listened to his talk, fought by his side in (different) battles, offered prayer behind me. Zaid, you have in fact earned a great virtue. Zaid, narrate to us what you heard from Allah's Messenger (may peace be upon him). He said: I have grown old and have almost spent my age and I have forgotten some of the things which I remembered in connection with Allah's Messenger (may peace be upon him), so accept whatever I narrate to you, and which I do not narrate do not compel me to do that. He then said: One day Allah's Messenger (may peace be upon him) stood up to deliver sermon at a watering place known as Khumm situated between Mecca and Medina. He praised Allah, extolled Him and delivered the sermon and. exhorted (us) and said: Now to our purpose. O people, I am a human being. I am about to receive a messenger (the angel of death) from my Lord and I, in response to Allah's call, (would bid good-bye to you), but I am leaving among you two weighty things: the one being the Book of Allah in which there is right guidance and light, so hold fast to the Book of Allah and adhere to it. He exhorted (us) (to hold fast) to the Book of Allah and then said: The second are the members of my household I remind you (of your duties) to the members of my family. He (Husain) said to Zaid: Who are the members of his household? Aren't his wives the members of his family? Thereupon he said: His wives are the members of his family (but here) the members of his family are those for whom acceptance of Zakat is forbidden. And he said: Who are they? Thereupon he said: 'Ali and the offspring of 'Ali, 'Aqil and the offspring of 'Aqil and the offspring of Ja'far and the offspring of 'Abbas. Husain said: These are those for whom the acceptance of Zakat is forbidden. Zaid said: Yes.

http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/031.smt.html#031.5920

For the arabic read:
http://shiaweb.org/books/al-thaqalain/index.html

May Allah give you the courage and strength to complete your journey successfully; by the grace of the holy five.

Abdullah
http://www.oneummah.net/deadalive/




Abdullah

[Abdullah Ibn Adam]

There is Ikhtilaf on music, so I won't be punished if I listen to anasheed with musical instruments?

[salman]

There is Ikhtilaf on music, so I won't be punished if I listen to anasheed with musical instruments?

No

wasalam

[Sword Of Allah]

No

wasalam

Asalamo alaykum dear brother,

Hmm interesting answer akhi. But what if the anasheed has haraam instruments in it for e.g sami yusufs latest album 'my ummah'? Even though he has released a percussion only version but still the music version goes a bit too far. Wallahu alam.

A detalied fatwa on music and singing: http://sunnipath.com/resources/Questions/qa00002024.aspx

[Abdullah Ibn Adam]

Well, like Shaykh Faraz said:


The relied upon position in the Hanafi school, as well as the other 3 madhhabs, is that musical instruments (besides the daff) are impermissible. While there is some difference of opinion, including that of some notable fuqaha, one should remain within what is relied upon.

So we should follow the relied position. But let's not make this a topic on music.

[if0rg0t]

If listening to music is not a sin .. what incentive does someone have to stop listening to music? In the end, it comes down to saving yourself from sin ... and if it ain't sin ...

[sufisticated]

If listening to music is not a sin .. what incentive does someone have to stop listening to music? In the end, it comes down to saving yourself from sin ... and if it ain't sin ...

:salam:

the prudent thing is to take the opinion of whom you trust; not taking from who you want just because its an easier opinion.

:ws:

[godilali]

So you guys would say that drinking alcohol that is not wine in non-intoxicating quantities is not a sin?

[sufisticated]

So you guys would say that drinking alcohol that is not wine in non-intoxicating quantities is not a sin?

:salam:

i don't quite understand the relevance of the question. but i would say drinking any form of alcohol is a sin except if used for medicinal purpose (and then only if there were no alternative). I don't believe any trustoworthy scholars have said otherwise.

:ws:

[godilali]

perhaps it was irrelevant...

Anyway, isn't this following weak opinions a dangerous thing? What is the limit to this? How does one know if an opinion is followable or not? Also, are these opinions only limited to the four madhabs, or can one follow an opinion of the Dhahiris, or Sufyan at Thawri, etc.

[lumumba_s]

:salam:

Everything returns to what sufisticated said about not following an opinion merely because it is easier on one's soul. And the music issue seems to be the issue that is the test of people's tolerance as Traditionalists.

If you respect ikhtilaf, then you respect ikhtilaf and the most that could be done is to advise people to take the more cautious position, without condemning them for disagreeing with one.

There have been a number of great scholars of the past who allowed it, though they were in the minority, and had as everyone points out, the Muslim world both developed and maintained one of the richest musical traditions of any civilization, despite the ire that most fuqaha viewed the issue in.

And there are a number of modern scholars who permit music, some of whom are highly regarded by all Traditionalists, whose names I would mentioned, were I not afraid that people would turn on them. Let's just say that one of them encouraged and listened attentively as Yusuf Islam played his guitair during a mawlid celebration . . .

And I say this as someone who often quivers at the sound the duff being played (which I consider permissible).

And as I said previous, I think that someone is in the process of translating Shaykh `Abd al-Ghani's treatise on the issue to demonstrate that the proof for the permissibility for music is not as baseless as people tend to think.

[sufisticated]

perhaps it was irrelevant...

Anyway, isn't this following weak opinions a dangerous thing? What is the limit to this? How does one know if an opinion is followable or not? Also, are these opinions only limited to the four madhabs, or can one follow an opinion of the Dhahiris, or Sufyan at Thawri, etc.

:salam:

i suppose following weak opinions on more than one matter is a dangerous thing, and certainly not recommended by our scholars. which is perhaps why we disagree with the methodologies of someone like Shaykh Yusuf al-Qaradawi, for example.

however, the path of taqwa is to adhere to the strongest, and not otherwise unless there is need.

having said that, weak opinions are there, and maybe this is a rahma for us, or even for new muslims who are finding things difficult and can ease their way into the stonger, 'harder' opinions.

in my opinion therefore, someone who is praying, and generally steadfast, but listens to music that is considered acceptable, is not sinning in my opinion (but hey, what's my opinion count for, anyway!). but that person should be made aware of the stronger opinions. and maybe then they will change with time or spitirual growth :insh:

:ws:

[Sunni_Student786]

It seems that few in "traditional" circles in North American want to emphasize the value of sticking to the Mutamid of one's madhab, especially on an issue where the Mutamid of all 4 is, more or less, exactly the same.

I wonder why.

Wa'salaam.

[lumumba_s]

:salam:

That is not what I am saying and I stick to the mashhur/mu'tamid myself whenever it is reasonable. But ikhtilaf is ikhtilaf and the `ulama state that the most one can do is call someone to a more cautious position. But people here are condemning . . . There is a difference.

Like Imam Zaid said, it is better for someone who is a nominal Muslim to listen to Mecca2Medina than for them to listen to 50 Cent (he didn't mention either of those names, so don't go quoting me as if he did please). And then once they grow, we can call them to a more spirituality beneficial position.

P.S. Mu'tamid is a subjective categorization, at least according to how the latter Malikis use the term.

[Musleemah]

Is "every" ikhtilaf tolerated?
or are there conditions for that?

I would like to ask these questions:
A person who says that something is "halal" or "haram"
1_Does he have a proof for it from Quran or Sunnah?
2_ If he has from Sunnah only, is it authentic?
3_If he only has one proof from sunnah and it is weak can it be tolerated and acceptable?

It is known that a weak hadith is not to be used as a proof for rulings of shari'ah, and the ones who say we can take weak hadith say it is only taken for "fadael al-a'mal".

[sufisticated]

It seems that few in "traditional" circles in North American want to emphasize the value of sticking to the Mutamid of one's madhab, especially on an issue where the Mutamid of all 4 is, more or less, exactly the same.

I wonder why.

Wa'salaam.

:salam:

really? is that so?

it doesn't appear that way to me, but then again, i am not in north america.

:ws:

[Ansari]

Asalamo alaykum dear brother,

Hmm interesting answer akhi. But what if the anasheed has haraam instruments in it for e.g sami yusufs latest album 'my ummah'? Even though he has released a percussion only version but still the music version goes a bit too far. Wallahu alam.

A detalied fatwa on music and singing: http://sunnipath.com/resources/Questions/qa00002024.aspx

Yes thats what i was wondering too. First we have to define what kind of music it is. Like Shaykh Faraz said about "bad music":


The guidance of the Qur'an and Sunna only permit certain types of music--please search SunniPath Answers (http://qa.sunnipath.com) for related answers. The music associated with people of corruption and indecency is not permitted by any of the scholars.
http://qa.sunnipath.com/issue_view.asp?HD=1&ID=11112&CATE=88

We can see that scholars nowadays even allow the above. Difference of opinion does not mean its a valid difference of opinion in the sense you cannot see the act as a sin.

The sin is far greater if you dont consider the sin a "sin".

From sunnipath:


When a person commits a sin (may Allah save us all) believing that a sin is being committed and feels regret and remorse in the heart, then this is far better then committing the sin and believing it to be lawful (halal). In the former situation, only one sin is being committed, and it is very likely that the individual may repent out of the remorse felt in the heart. In the latter case, however, in addition to the sin being committed, there is the greater sin of trying to justify it. Normally, such an individual does not receive the guidance to repent from his sin. (May Allah save us all, Ameen).

http://sunnipath.com/resources/Questions/qa00002024.aspx

[Abdullah Ibn Adam]

And how should we understand this saying?:


“The way of the spiritual traveller is to avoid differences of opinion, and to stick to that which is agreed upon.” – Imam al-Barkawi

The Path of Taqwa: Avoiding Differences of Opinion (http://qa.sunnipath.com/issue_view.asp?HD=1&ID=502&CATE=2)

[Ansari]

perhaps it was irrelevant...

Anyway, isn't this following weak opinions a dangerous thing? What is the limit to this? How does one know if an opinion is followable or not? Also, are these opinions only limited to the four madhabs, or can one follow an opinion of the Dhahiris, or Sufyan at Thawri, etc.

I wonder the same. So far the scholars have divided ikhtilaaf in "acceptable and unaccebtable".

Now what may be a valid difference of opinion for some people, may not be valid for other scholars.

We can see on sunnipath for example that they choose to cite difference of opinion on some issues, and on some not, like for example on masturbation or handshaking that are supposed to be followable (weak) opinions of the maliki school.

Other scholars can have a more limited view on ikhtilaaf and condemn for example suicide-bombers saying this is evil and totally against islam. You can also note that many scholars never mention "difference of opinion" to laymen but only ikhtilaaf that are unanimously accepted.

[Ansari]

Also, when i was in pakistan i asked this question to a scholar about difference of opinion and the mercy of it, and he told me there is no rahma in differences after the salaf, instead it becomes a curse.

Its almost the same what mufti taqi usmani said in his fatwa:


However, the sense conveyed by it can be held as true to some extent, because the difference of opinion in the interpretation of the Verses of the Holy Qur'an or the Traditions of the Holy Prophet which occurred between the Companions of the Holy Prophet and between the authentic scholars of Islamic jurisprudence was based on their sincere efforts to find out the truth. Therefore, the ruling of each one of them is based on the sacred source of the Holy Qur'an and the Sunnah. All such findings are to be held as a possible interpretation of the Shari'ah. Therefore, in the case of a genuine collective need arising out of the ever-changing circumstances, the view of any of the authentic scholars can be adopted to solve a common problem of the Muslim Ummah and it is in this sense that such like differences bet ween the scholars are nothing but a Divine blessing for the collective cause of the community. But it is true only in relation to the sincere differences of interpretation which have occurred between the competent scholars of the Shari'ah who are called the 'mujthids'. It does not apply to the sectarian differences which have done nothing but to divide the Ummah between several groups and sects each one reproaching the other and waging a continuous war against him without a sincere effort to find out the real intention of the Holy Qur'an and Sunnah. This type of differences can never be taken as a blessing, rather they are a curse for the community which should be eliminated as far as possible.

http://www.darululoomkhi.edu.pk/fiqh/Contemporary%20Fatawa/Miscellaneous/differenceofummah.htm

[Sunni_Student786]

:salam:

really? is that so?

it doesn't appear that way to me, but then again, i am not in north america.

:ws:

Yes it is and I am mainly talking about the lay folks or those who are "students of knowledge". The Ulema rarely narrate dispensations in the West, it is the laymen who learn about their existence and, all of a sudden go "valid opinion crazy".

[Sunni_Student786]

We can see on sunnipath for example that they choose to cite difference of opinion on some issues, and on some not, like for example on masturbation or handshaking that are supposed to be followable (weak) opinions of the maliki school.



Could you explain exacty what these followable (weak) opinons of the maliki school are regarding those issues?

[Ansari]

Could you explain exacty what these followable (weak) opinons of the maliki school are regarding those issues?
The Guidinghelper cited these opinions as being permissible.

[Sunni_Student786]

The Guidinghelper cited these opinions as being permissible.

Which opinions?

[sufisticated]

Yes it is and I am mainly talking about the lay folks or those who are "students of knowledge". The Ulema rarely narrate dispensations in the West, it is the laymen who learn about their existence and, all of a sudden go "valid opinion crazy".

:salam:

i don't really care what lay people do or say. i don't think any of us should also.

can i ask why you put students of knowledge in inverted commas? they either are tulab or not.

also, a valid opinion is a valid opinion. it may not be the way of orthodox sunni islam, but its better than violation of shari'a, isn't it?

:ws:

[Sunni_Student786]

can i ask why you put students of knowledge in inverted commas? they either are tulab or not.

I put the term "students of knowledge" in inverted commas because I was not refering to students of knowledge proper, but those who are, at least linguistically speaking, students of knowledge, but who have done little more than attended a rihla or two, taken a course on sunnipath online, read many books independently without recourse to a Shaykh, and who have, in some instances, attended a "Suhba" or two and now make claims to knowledge.



also, a valid opinion is a valid opinion. it may not be the way of orthodox sunni islam, but its better than violation of shari'a, isn't it?

:ws:

Not all valid opinions are equal and taking a dispensation, if it is done for the purposes of worshipping the Nafs, is a violation of the Shariah itself, to the best of my understanding.

Wa'salaam.

[Abdullah Ibn Adam]

Also, when i was in pakistan i asked this question to a scholar about difference of opinion and the mercy of it, and he told me there is no rahma in differences after the salaf, instead it becomes a curse.

Its almost the same what mufti taqi usmani said in his fatwa:

So there is Ikhtilaf on the rule of Ikthilaf? lol.