Islam is a complete and comprehensive religion, guiding humanity across all ages. Its principles are timeless, capable of addressing the evolving social, economic, and cultural challenges of each era. Central to Islam’s richness is its jurisprudential tradition (Fiqh), which reflects the deep reasoning and scholarly effort of the learned. In matters of Fiqh, differences of opinion among scholars are not signs of disunity; rather, they are manifestations of mercy, wisdom, and flexibility designed to benefit the Ummah (Muslim community). This article explores the importance of tolerance, the causes of jurisprudential differences, and how historical scholars exemplified broad-mindedness.

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The Significance of Scholarly Ijtihad

Islamic jurisprudence thrives on ijtihad (independent reasoning) and deduction. The Shariah (Islamic law) derives from the Quran and Sunnah, both of which are divine sources. Every ruling in Fiqh is ultimately linked to these sacred texts. Scholars’ reasoned interpretations and differences are therefore an extension of the divine guidance itself. Their cumulative work forms a valuable treasure, preserving the richness of Islamic legal thought.

Key Takeaways:

• Fiqh is rooted in Quran and Sunnah.
• Scholarly ijtihad ensures adaptability across eras.
• Differences of opinion enrich, rather than diminish, the law.

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Why Scholars Differ in Fiqh

Differences among scholars occur primarily in non-essential rulings—practical details rather than core beliefs. These divergences are often:

1. Textual nuances: The Quran and Hadith may use words with multiple meanings, allowing scholars to interpret according to their reasoning.
2. Contextual application: Shariah provides general guidance, enabling scholars to adapt rulings to local customs, societal needs, or new circumstances.
3. Methodological approaches: Scholars may prioritize different evidence or reasoning, leading to multiple valid outcomes.

As Imam Malik (RA) said, “The differences of scholars are mercy upon this Ummah.” This illustrates that diversity in jurisprudence is a source of facilitation and mercy, not division.

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Historical Precedent of Respectful Differences

During the Prophet Muhammad’s (SAW) time and after, companions (Sahabah) often held differing views. Yet, these differences never led to animosity:

• In the Battle of Ahzab, companions disagreed on the timing of Asr prayer. Both groups acted according to their understanding, and the Prophet (SAW) did not reproach either.
• Companions like Ibn Abbas and Ibn Mas’ud showed that variations in practice were respected, provided they adhered to core beliefs.

Lessons for Today:

• Disagreements in practice are natural.
• Core beliefs unite, even amid diverse interpretations.
• Respectful tolerance strengthens communal harmony.

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The Role of Past Scholars in Fostering Unity

Imam Shah Waliullah and other eminent scholars emphasized that differences in minor Fiqh matters should not become grounds for conflict. Historical examples include:

• Following different Fiqh schools while still performing congregational prayers together.
• Respecting rulings across schools, such as differences in ablution or recitation practices.
• Promoting broad-mindedness and avoiding public criticism over minor issues.

Sufyan al-Thawri (RA) stated: “Do not say scholars differ; say they created expansion and facilitation for the Ummah.” Similarly, Caliph Umar ibn Abdul Aziz (RA) noted that the absence of scholarly disagreement would have limited religious flexibility.

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Modern Challenges of Intolerance

Unfortunately, today, minor differences in Fiqh are often exaggerated into rigid disputes. This has led to:

• False accusations of disbelief (takfir) among Muslims.
• Religious extremism and unnecessary sectarianism.
• Alienation from scholars and the teachings of Islam.

Islam strictly prohibits declaring a Muslim a disbeliever without absolute evidence. The Prophet Muhammad (SAW) warned that calling a brother a kafir unjustly may backfire upon the accuser.

Key Principle:

“Whoever says to his brother, ‘You are a disbeliever,’ it will return upon the speaker if untrue.” (Ibn Umar, Sahih)

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Guidelines for Contemporary Muslims

1. Avoid issuing religious verdicts (fatwas) without proper knowledge and authority.
2. Show tolerance toward differences in minor jurisprudential matters.
3. Focus on unity, constructive engagement, and spreading the true, positive face of Islam.
4. Respect scholars and understand the wisdom behind divergent opinions.
5. Encourage dialogue rather than confrontation, ensuring disagreements do not fracture the community.

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Prayers for Guidance and Unity

Muslims are encouraged to pray for:

• Mutual love, respect, and broad-mindedness.
• Protection against issuing baseless declarations of disbelief.
• Strength for scholars to guide the community wisely.
• Peace, safety, and protection of lives and honor globally, including oppressed Muslim communities.
• Proper understanding and practice of Shariah in accordance with Quran and Sunnah.

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Frequently Asked Questions (FAQ)

Q1: Why do Islamic scholars have differences in Fiqh?
A1: Differences arise due to textual interpretations, contextual applications, and scholarly reasoning. These differences are often in non-essential matters and serve as mercy for the Ummah.

Q2: Is it permissible to follow different schools of thought in minor matters?
A2: Yes, Islam allows following different valid interpretations for minor jurisprudential issues, while unity in core beliefs is maintained.

Q3: Can I declare a Muslim a disbeliever if they differ in practice?
A3: No, declaring a Muslim a kafir without definitive proof is strictly forbidden in Islam and considered a grave sin.

Q4: How did companions of the Prophet handle differences?
A4: They respected diverse practices and did not dispute core beliefs, often following their understanding in non-essential matters without conflict.

Q5: How can modern Muslims promote tolerance in Fiqh?
A5: By respecting scholarly opinions, avoiding baseless accusations, focusing on unity, and promoting constructive discussion over disputes.

Q6: What is the benefit of scholarly disagreement?
A6: It creates flexibility, ease, and mercy for the Ummah, allowing adaptation to different times, cultures, and circumstances.

Q7: How should we react to extremist interpretations of minor differences?
A7: Reject them, promote education, understand the true teachings of Islam, and emphasize the Prophet’s guidance on unity and mercy.