Reasons for Differences Among Jurists
The divergences observed among jurists can be attributed to several factors. Below are some of the primary reasons elaborated upon:
- One major reason for the differences among jurists lies in the failure to access, understand, or establish specific evidence. This phenomenon was also visible among the Companions of the Prophet (peace be upon him), who received varying amounts of hadiths. A notable example is when Umar ibn al-Khattab (may Allah be pleased with him) lacked knowledge regarding the etiquette of seeking permission until Abu Musa al-Ash’ari informed him, corroborated by testimony from the Ansar.
- Conflicting evidence: The mere confirmation of evidence does not eliminate the possibility of disagreements among jurists. A valid piece of evidence might contradict another, such as a general evidence conflicting with specific evidence, or absolute evidence conflicting with restricted evidence. Other forms of opposition could include the distinction between literal and metaphorical meanings, as well as issues related to abrogation, interpretation, or explicit analogy. To resolve conflicts, jurists may choose to harmonize the evidence by restricting the general or specifying the absolute. If reconciliation is impossible, they may resort to abrogation, provided the necessary conditions for declaring abrogation are met. In the absence of abrogation, jurists will weigh the evidence based on numerous essential considerations to determine which is preferable.
- Variability in foundational principles: Scholars utilize a range of foundational principles that they have derived and employed to form their legal opinions and rulings.
Etiquette of Disagreement
Constructive disagreement should be characterized by a set of principles that prevent it from fostering animosity or hatred. Key etiquettes to observe during disagreements include:
- Sincerity of intention for the sake of Allah Almighty.
- Respecting differing opinions and recognizing the intellect and capabilities of others.
- Practicing restraint in speech and refraining from insults or offensive language.
- Demonstrating patience, tolerance, and kindness in discussions.
- Taking time before responding.
Disagreement and the Preservation of Faith
It is important to note that differences in jurisprudential matters do not contradict or undermine the preservation of faith. The fundamental tenets and principles of religion are preserved by Allah Almighty, and the existence of diverse opinions in jurisprudential issues provides flexibility for Muslims, ensuring that they are not unduly restricted by legal judgments.