Shaykh Saalih
bin Fawzaan (may Allaah preserve him) stated:
We say: disagreement
or difference of opinion is of two types:
The first type is disagreement regarding the religion like difference of opinion
in ‘ibaadah and ‘aqeedah; this disagreement is blameworthy and
prohibited. This is because there is no room for ijtihaad[1]
and personal opinions regarding the religion. Rather, the religion is divinely
restricted. ‘Aqeedah is divinely restricted and there is no room for ijtihaad
in it. We are duty bound to adhere to what Allaah has legislated for us of
religion and ‘aqeedah without delving into it with our personal views and
ijtihaad. Similarly, ibaadah is divinely restricted. Whatever
there is proof for, we should act on it, and that which there is no proof for
it is an innovation, which we must abandon due to the hadeeth: “Whoever
introduces into this affairs of ours anything which does not belong to it, it
is rejected.” And the hadeeth: “Beware of newly invented matters, for
every newly invented matter is an innovation, and every innovation is
misguidance, and every misguidance is in Hellfire.” Therefore, there is no
room at all for disagreement in matters of ‘aqeedah, matters of ibaadah
and matters of the religion in general; rather texts of the Qur’aan and the
Sunnah must be followed therein and what the pious predecessors of this ummah
were upon.
The second type is disagreement with regard to matters in which there is room for
personal view or that which is open to ijtihaad such as issues of fiqh
and deduction of rulings from the evidences. Difference of opinion may occur in
this, because people’s intellectual capacities differ in making inferences from
the legal texts, and issues of ijmaa’ (consensus) are restricted; it is not
permissible to oppose them. However, that which there is no ijmaa’ on of issues
of ijtihaad which are open to ijtihaad, Allaah the Mighty and Majestic
has given each scholar according to what he possesses of perception and
understanding, and what he arrives at from the legal texts; ijtihaad is
legislated in that. Ijtihaad did occur during the time of the Prophet
(sallallaahu alayhi wasallam) as it is known. This is difference of opinion in ijtihaad
and not disagreement in ‘aqeedah nor disagreement concerning the
religion. Rather, it was disagreement in matters of jurisprudence. During the
time of the Prophet (sallallaahu alayhi wasallam), people used to do ijtihaad
and differ.
Source: Sharh
Masaa’il al-Jaahiliyyah, p. 41-43 by Shaykh Saalih bin Fawzaan bin ‘Abdullaah
al-Fawzaan, translated by Abdus-Samee’ Abdus-Salaam.
[1]
Ijtihaad in
Islam means striving to understand the sharee’ah ruling on the basis of
sharee’ah evidence.
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