FIVE PRINCIPLES CONCERNING

THE ETHICS OF DIFFERING

By: Ustadh Abu Aaliyah
FIVE PRINCIPLES
EMBEDDED IN

FIVE QUESTIONS
THE FIVE QUESTIONS

▸ Where does the issue of unity stand in Islamic teachings?

▸ Are differences of opinion a mercy or a menace?

▸ What constitutes a legitimate difference of opinion?

▸ What are the categories of people in terms of fiqh rulings?

▸ How does the duty of enjoining good or forbidding evil

apply to differences?
1. WHERE DOES UNITY RANK IN ISLAM?

‫وَاعْتَصِمُوا بِحَبْلِ اللَّهِ جَمِيعًا وَالَ تَفَرَّقُوا‬

“Hold fast, altogether, to the rope of Allah and be not
divided.’ [3:103]
1. WHERE DOES UNITY RANK IN ISLAM?

“Realise that from the great essentials which make up the sum
total of the religion are: the joining of hearts, uniting the word
and reconciling between people. Allah says: Fear Allah and set
right relationships between yourselves [8:1] And He said: Hold
fast altogether to the rope of Allah and be not divided. [3:103]
He further said: And be not like those who fell into division and
dispute after clear proofs have come to them. [3:105] The likes of
such proofs, that order unity and harmony and forbid division
and discord, occur frequently.”
[Ibn Taymiyyah, Majmu’ Fatawa, 28:51]
1. WHERE DOES UNITY RANK IN ISLAM?
principle one

‫كُلّ مَا أَوْجَبَ فِتْنَتً وَ فُرْقَتً فَلَيْسَ مِن الدّيْن‬

”All that brings about discord or division cannot be part of the religion.”
[Ibn Taymiyyah, al-Istiqamah, 1:37]
2. IS DIFFERING A MERCY OR A MENACE?
argument for mercy

‫وَدَاوُودَ وَسُلَيْمَانَ إِذْ يَحْكُمَانِ فِي احلَْرْثِ إِذْ نَفَشَتْ فِيهِ غَنَمُ الْقَوْ ِم‬
‫ فَفَهَّمْنَاهَا سُلَيْمَانَ وَكُالًّ آتَيْنَا حُكْمًا وَعِلْمًا‬.َ‫وَكُنَّا حلُِكْمِهِمْ شَاهِدِين‬

“And David and Solomon, when the two were judging the
case of a field into which the sheep of other people had
strayed at night. And We were witnessing their judgement.
We made Solomon to understand [the case] , and to each of
them We gave wisdom and knowledge.” [21:78-79]
2. IS DIFFERING A MERCY OR A MENACE?
HADITH OF TWO PEOPLE RECITING QUR’AN DIFFERENTLY,
TO WHICH THE PROPHET ‫ ﷺ‬SAID: ‘BOTH OF THEM ARE
CORRECT.’ [AL-BUKHARI, NO.1234]

HADITH OF PRAYING ‘ASR AT BANU QURAYZAH, TO WHICH

THE PROPHET’S SILENCE ‫ ﷺ‬TACITLY APPROVED BOTH
VIEWS.’ [AL-BUKHARI, NO.1234]

THE PROPHET‫ ﷺ‬SAYING THAT A JUDGE WILL GET TWO

REWARDS FOR BEING CORRECT, OR ONE REWARD FOR
ERRING. [AL-BUKHARI, NO.1234]
2. IS DIFFERING A MERCY OR A MENACE?
argument for menace

َ‫وَالَ يَزَالُونَ مُخْتَلِفِنيَ إِالَّ مَنْ رَحِمَ رَبُّك‬

“But they will not cease to differ, except those to whom your
Lord has shown mercy.” [11:118-19]

line of argument: absence of divine differing cannot be

divine mercy cause mercy is cause for a mercy: instead it
for not differing differing is a punishment
2. IS DIFFERING A MERCY OR A MENACE?

ٌ‫إِخْتِالَفُ اُمَّتِي رَحْمَة‬

“Differences of opinion in my ummah are a mercy.” [hadith]

line of argument:
hadith contradicts
hadith is agreed on
previous verse
as being unsound
2. IS DIFFERING A MERCY OR A MENACE?
rebutting the menace argument

“What is intended here are the people of falsehood, like the Jews,
Christians, Magians and idolaters; likewise, those who oppose the
Sunnah from the Muslims.”
[Al-Sam’ani, Tafsir al-Qur’an, 2:468]
2. IS DIFFERING A MERCY OR A MENACE?
“Two men have objected to the hadith, ‘Differences in my ummah are a
mercy.’ The first was utterly confused about his faith: ‘Amr b. Bahr al-Jahiz.
The other was notorious for his gibberish nonsense and libertinism: Ishaq
b. Ibrahim al-Mawsili ... Al-Jahiz said: ‘If differing is a mercy, it would imply
that agreement is punishment’ ... The reply to this futile objection is that:
If something is a mercy, it doesn’t mean its opposite is a punishment. No
one holds this to be a logical necessity, nor even gives voice to it, except
an ignorant person, or one feigning ignorance. Allah, Exalted is He, says:
Of His mercy has He appointed for you night, that you may rest therein,
and day, that you might seek of His favours and be thankful. [28:73] So His
calling night a mercy does not entail that the day is a punishment. This is
clear, of which there is no doubt.”

[Al-Khattabi, as cited in al-Nawawi, Sharh Sahih Muslim, 11:77]

2. IS DIFFERING A MERCY OR A MENACE?

“Differences in the religion are of three types: First; affirming the Creator
with His oneness and His uniqueness: denial of which is unbelief (kufr).
Second, in His attributes and will: denial of which is an innovation (bid’ah).
Third, in furu’ rulings that are open to various possible readings: Allah has
made this a mercy and an honour for the scholars.”

[Al-Khattabi, as per al-Nawawi, Sharh Sahih Muslim, 11:77-8]

essential religion orthodox religion variational religion

2. IS DIFFERING A MERCY OR A MENACE?

“This is why the scholars of Islam have agreed on declaring as an

innovator whoever opposes the likes of these usul; contrary to one
who differs in issues of ijtihad.”

[Ibn Taymiyyah, Majmu’ Fatawa, 4:425]

2. IS DIFFERING A MERCY OR A MENACE?

usul furu‘

• meta principles of religion • branches of religion

• issues of consensus (ijma’) • issues of legitimate differing

• texts unarguably authentic & • texts of debatable soundness

unambiguous in meaning or ambiguous meaning

• opposing usul is seen as • differing in furu’ does not

splitting from orthodoxy harm one’s orthodoxy; such
and creating divisions differences are celebrated
2. IS DIFFERING A MERCY OR A MENACE?
principle two

ٌ‫اِخْتِالَفُهُـمْ رَحْمَةٌ وَاسِعَةٌ وَ اِتّفَاقُهُـمْ حُجﱠةٌ قَاطِعَة‬

”Their differing is a comprehensive mercy; their agreement a decisive proof.”

[Ibn Qudamah, Lum’at al-I’tiqad, 35; no.94]

3. WHAT MAKES A DIFFERENCE VALID?
For a view to qualify as a legitimate difference of opinion, it must
satisfy the following five conditions:

1. Must stem from mujtahid scholar.

2. Must not oppose text that is qat‘i al-thubut and qat’i al-dalalah
3. Cannot contradict an ijma‘
4. Should not oppose a clear analogy (al-qiyas al-jali).
5. Must not be shadhdh; that is, aberrant or anomalous.

[See: al-Zarkashi, al-Manthur fi’l-Qawa’id, 2:140]

3. WHAT MAKES A DIFFERENCE VALID?
principle three

ْ‫إِنَّ هَذَا الْعِلْمَ دِينٌ فَانْظُرُوا عَمَّنْ تَأْخُذُونَ دِينَكُم‬

”This knowledge is religion, so beware from who you take your religion.”

[Ibn Sirin, as per the intro to Sahih Muslim, 1:73]

4. WHAT ARE TYPES OF PEOPLE IN FIQH?

ْ‫فَانفَجَرَتْ مِنْهُ اثْنَتَا عَشْرَةَ عَيْنًا قَدْ عَلِمَ كُلُّ أُنَاسٍ مَشْرَبَهُم‬
“There gushed forth from it twelve springs. Each group
knew their drinking-place.’ [2:60]
4. WHAT ARE TYPES OF PEOPLE IN FIQH?

“That which the great bulk of the ummah hold to is that ijtihad is
allowed in general and taqlid is allowed in general. Ijtihad is not
required on everyone while taqlid forbidden, nor taqlid obliged
on everyone while ijtihad forbidden. Rather, ijtihad is for the one
capable of it, while taqlid is for those who are incapable.”

[Ibn Taymiyyah, Majmu’ Fatawa, 20:203-04]

4. WHAT ARE TYPES OF PEOPLE IN FIQH?

“That which the great bulk of the ummah hold to is that ijtihad is
allowed in general and taqlid is allowed in general. Ijtihad is not
required on everyone while taqlid forbidden, nor taqlid obliged
on everyone while ijtihad forbidden. Rather, ijtihad is for the one
capable of it, while taqlid is for those who are incapable.”

[Ibn Taymiyyah, Majmu’ Fatawa, 20:203-04]

4. WHAT ARE TYPES OF PEOPLE IN FIQH?

“There is a consensus amongst the Muslims that it is unlawful for

a muqallid to say that something is halal or haram in matters of
ijtihad wherein he is doing taqlid of someone else. What he may
say is: ‘This is the ruling in the madhhab I follow’ or: ‘I sought a
fatwa and this was the response.’”

[IBakr Abu Zayd, al-Madkhal al-Mufassal, 1:73]

4. WHAT ARE TYPES OF PEOPLE IN FIQH?
principle four

ْ‫ وَلَمْ يُخَطِّئ‬,ْ‫ وَلَمْ يُصَوِّب‬,ْ‫ وَلَمْ يُزَيِّف‬,ْ‫ فَلَمْ يُرَجِّح‬,ِ‫مَنْ كَانَ مُقَلِّدًا لَزِمَ حُكْمَ التَّقْلِيد‬

”Whoever is a muqallid, then the ruling of taqlid applies to him: he cannot

weigh-up, evaluate, or judge [a view] to be correct or incorrect.”

[Ibn Taymiyyah, Majmu’ Fatawa, 35:233]

5. HOW TO APPLY DIFFERING TO ENJOINING GOOD?

َ‫وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى اخلَْيْرِ وَيَأْمُرُونَ بِاملَْعْرُوفِ وَيَنْهَوْن‬

ِ‫عَنْ املُْنْكَر‬
“Let there arise from you a group who invite to goodness, and
enjoin what is right and forbid what is evil.’ [3:104]
5. HOW TO APPLY DIFFERING TO ENJOINING GOOD?

“It is unlawful to censure issues of ijtihad, except by explaining the

proofs and clarifying the goal. There cannot be any censure based
upon mere taqlid. This is the action of ignoramuses or those of
false desires.”

[Ibn Taymiyyah, Majmu’ Fatawa, 35:212-13]

“As for the scholars, they only censure what is agreed upon. As for
what is differed in, there must be no censure of it.”

[Mulla ‘Ali al-Qari, Mirtqat al-Mafatih, 9:327]

4. WHAT ARE TYPES OF PEOPLE IN FIQH?

“Those enjoining [good] or forbidding [wrong] must have knowledge

of what is being commanded or forbidden, which will vary in different
situations. Concerning clear-cut duties and well- known prohibitions,
like prayer, fasting, adultery, drinking wine, etc. - then each Muslim has
knowledge about them. But in issues that are intricate and connected
to ijtihåd, lay people cannot enter into it, nor is it for them to censure.
Instead, it is left to the scholars. Scholars only censure what is agreed
upon. As for what is differed in, there is no censure of it. .”

[Al-Nawawi, Sharh Sahih Muslim, 2:21]

5. HOW TO APPLY DIFFERING TO ENJOINING GOOD?

principle five

‫اإلِْجْتِهـَاد‬/‫ال إِنْكَار فِ مَسَائِلِ اخلِْالف‬

”There can be no rebuke in issues of ijtihad.”

[See: Ibn Taymiyyah, Majmu’ Fatawa, 35:212-13]

CONCLUSION: BE HEALERS, NOT HARMERS

▸ Learn, understand and actualise golden rules of differing.

▸ Treat others as you would like to be treated.

▸ Reign in the ego, restrain the tongue and improve character.

▸ Do not treat issues of furu’ as usul.

▸ Do not turn issues of furu’ into inquisitions or benchmark issues.

▸ If you cannot speak well of others, don’t speak ill of them

▸ If you cannot benefit others, do not harm them.

▸ If you cannot gladden others, do not sadden them.

▸ Be with Allah, without creation; be with creation, without ego.