Question.

Please, comment on the fiqhi standing of the following statement,

“Seeing that there is a scholarly difference of opinion regarding this matter, it is not permissible for anyone to refute one who practices it. As jurists have concurred, it is not permissible to refute that which scholars have differed over. Of course, it is praiseworthy to offer advice so that differences of opinion are avoided.”

Answer:

 In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh

It is incorrect to generalize such a statement.
 
Furthermore, who is referred to within the term scholarly? What is the qualification of such scholars? Is it the scholar who studied some Islamic courses by himself or in a university or he studied in a Darul Uloom? What is the nature of the difference and its topic of discussion. What if the difference violates a fundamental principle of Shariah? The Fuqaha have ruled that if a Qazi issues a decree contrary to fundamental principles of deen, it will be rejected. This is also discussed by Imam Bukhari (RA) in the chapter of “Al I’tisaam bil Kitab wal Sunnah” in the thirtieth juz of Bukhari. In today’s time of liberalism, there are many people claiming to be scholars who have very little proper understanding of deen and issue incorrect decrees. We go by the general understanding of such a statement that will lead to presenting a distorted view of deen. It is thus compulsory to reject such views in order to preserve the prestine purity of deen.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

(Courtesy of Ask Imam)

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