By Mufti Ismail Moosa

The major differences within the Muslim community and the disunity amongst the ranks of even the scholars are all glaring and evident before every person. From public refutations to bickering in close circles and private groups, the discord and conflict is real.

This is undoubtedly the result of:

• Crave for fame,
• Lack of dialogue,
• Following one’s ego,
• Intolerance of different opinions,
• Ignorance of etiquettes on differing,

Or some other similar reason that is not mentioned.

Due to these underlying reasons, there is an abundance of verbal and written refutations with the harshest of vocabulary.

Noticing this, many younger scholars and even students are now more vocal in calling for unity and respect for differences.  Whilst their concern is understandable, it should not be that they now go to the other extreme of abolishing the injunction of Nahī ‘anil Munkar and they now abandon their duty of defending this Dīn.

To begin with; it should be noted that from the era of Ṣaḥābah, scholars always refuted those with incorrect ideologies, and yes, when necessary, they too used very strong words. A multi-volume book with the statements, quotations and stern and strong comments of the scholars of the first three centuries can easily be written. However, the difference between them and the scholars of today is in their approach and in the issues for which they used these severe words. Irrespective, the condemnations and rebuttals of before did not lead to disunity.

In the subsequent centuries, when differences on minor issues did lead to fragmenting the Ummah, then the Muslims quickly suffered defeat and were severely humiliated. Learning from history and witnessing the condition of the Ummah today, it is apparent that our differences are, unfortunately, causing us to go in the same direction.

In order to balance it, we need to know when to refute and how to refute.

We previously posted on the etiquette of differences and on the conditions of refuting.  (Kindly refer to the following link: https://ulumalhadith.com/conditions-before-raising-objections/)

Those should be kept in mind. We now intend to address those instances when a scholar should write his refutation or voice his condemnation.

OBJECTING

When to Object

We Should Object and Refute in the Following Instances:

• Opposing Us in Issues of ‘Aqīdah

Our beliefs are unbendable, and any person who intends to concoct new ideologies and tenants in our beliefs should be refuted. A person attempting to introduce new beliefs and amend our current beliefs will probably be a disbeliever or, at the very least, a dangerous innovator. He deserves to be refuted openly and sternly.

• Contravening an Emphatic and Clear Injunctions of the Qur‘ān

Every Muslim believes in the categorical injunctions of the Qur‘ān. If a person denies a straightforward and clear-cut verse, then his beliefs are questionable. As Muslims, we will not hesitate to condemn him.

• Contradicting What is Established in Mutawātir and Mashhūr narrations

There are many differences in Āhād narrations, and if scholars differ in their understanding of those, then it might be tolerable. However, if a person objects to an injunction that has been transmitted by thousands of scholars throughout the centuries, then he should be refuted.

• Going Against Ijmā’ and Mā Tuluqqiya bil Qabūl

No one has the right to go against what the entire Ummah explicitly or implicitly accepted previously.

Throughout the centuries, there were certain practices that the entire Ummah accepted. No one ever felt that those were foreign to Islām or that they needed to rectify these practices or alter them in any way. If any person now attempts to interfere and adjust or reject these practices, then the scholars will never accept that from them, and most definitely, the Mimbars will be used to call out on these individuals.

• Introducing That Into Sharī’ah Which Has No Basis

If an action has no basis in Qur’ān or Ḥadīth, nor did any of the very early or senior scholars accept such an action, then the scholars of today and the scholars until the day of Qiyāmah will publicly denounce such actions. In this way, our religion will, in shā Allāh, remain in its pristine purity.

NOT OBJECTING

Besides those five instances, differences on other issues should be accepted and should not be a means of fragmenting the Ummah. Whilst you may stick rigidly to your own view and propagate that to your students and followers, you should allow other competent (and probably elder and more experienced) Muslim scholars to hold their view.

A scholar may voice his opinion, but that should not lead to any discord or disunity. If it leads to hatred and backbiting, then the person refuting will be engaging in a greater sin, under the illusion that he is ‘defending his religion’.

 It would have been fine to also publically object on these issues if it did not cause division within the Ummah or lead to clear hatred. Since it is definite that it does lead to these in our current times, wisdom dictates that you should rather look at the bigger picture of keeping the Ummah united.

Hereunder, we mention issues which should be respected.

When NOT to Object

Do Not Publically Criticize or attack in the Following instances:

1)       Scholars who are all known for their knowledge and piety issue a verdict in contrast to what you believe.

Notice that the word ‘scholars’ has been written as plural. One scholar could probably err. However, when there is a large group of scholars who have the interest of the Ummah at heart and have the reputation of being pious, yet they all issue a verdict in a manner that does not fit into the five earlier points, then their view should be respected.

An example of this is: Digital Photography. 

Yes, there are many scholars who view it as impermissible, and you are within your rights to follow their view. You may also teach that view to those who trust you. But, since there was no digital photography in the time of the Prophet ﷺ, we definitely cannot go to town in degrading the many pious and erudite scholars who concluded that these do not come under the ambit of Taṣwīr (pictures) which has been emphatically prohibited in Aḥādīth.

You may publish your own research and conclusions, but you should definitely not attack those great scholars who also studied this and reached a different conclusion.

2)       A new scenario comes up that was never there before.

Was there cryptocurrency during the time of the Prophet ﷺ? Of course not! Until two decades ago, no one ever knew anything about the blockchain. By all means, you may and you should research it. But you definitely cannot hurl any abuses at those scholars who also conducted an elaborate study and reached a different conclusion.

3)       The issue is not established from Qur ‘ān and Ahādīth.

As bitter as it might sound to you, your respected Ustāds or Shaykhs opinion is not a Dalīl in Sharī’ah, and you cannot oblige the Ummah to follow that. Yes, by all means, YOU should follow your elders, but please do not enforce that on others, and regard every person who does not dress like your Shaykh to be the worst sinners under the sun. You are fighting a losing battle and just dividing the Ummah.

4)       All Scholars Beyond One Country or Region Hold a Different View.

Whilst we will strongly hold onto the Manhaj or our elders, we cannot deny the fact that Ḥaq is not restricted to one country or to those who qualified from one institute and its affiliates. We can teach others what we believe to be correct, but we cannot consider the remaining 90% of the Ummah to be astray just because they reached a different conclusion.

Especially when they are basing it upon their unique circumstances; if the very senior scholars of their Madhab explain to them that in the region it is best to follow a particular view, and allow them to follow their scholars.

CONCLUSION

We all know and admit that there are issues in which it is fine to have a different view. There were always difference of opinion between scholars, and there will continue to be difference until the day of Qiyāmah.

The above should be sufficient to explain and distinguish between what may be legitimate differences and what may be such that we can tolerate. Ultimately, we should reinforce and strengthen our unity with those who hold minor differences in issues in which it is fine for them to differ. With that, we should uphold our responsibility of defending this precious Dīn.

May Allāh Ta’ālā always keep us rightly guided. May He always show us the truth as the truth. May he accept us to unite the Ummah and may He protect us failing in our responsibility of protect His Dīn.