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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

Why Divergence of Opinion is Acceptable in Islam ?

1. Divergence of Opinions in Matters of Fiqh is Inevitable
The inevitability of disagreement of opinion is attributable to the
following:
Imām Abu Hanīfah said :
a. Nature of Sharī’ah: Sharī’ah does not provide everything in a
definitive term except for a few principles and commandments. “Ours is no more than an
opinion. We do not oblige
The rest is stipulated in such a way that requires human or coerce anyone into
accepting it. Whoever
involvement in determining the meaning. has a better judgement,
let him advance it.”
(Source:Ibnu Abdul
Allāh SWT says: Bar: Al-Intiqa’ fi Fadāil
Thalsa Fuqaha’)
“And if your Lord had willed, He could have made mankind one
community; but they will not cease to differ.”
(Hūd 11: 118)

b. Nature of Man: Man is created with different capabilities
and inclination. To have an unanimous agreement on some
thing is rather difficult, especially on matters that affect vast
majority of people that live in different places and
experience different cultures.

c. Nature of the Universe: Undoubtedly differences are the
inherent nature of the universe. Everything is created
differently in terms of needs, functions, contributions and etc.
in a complementary arrangement that make up the universe.

2. Divergence of Opinions in Matters of Fiqh is a Blessing

Sharī’ah is intentionally revealed in such a way that opens room for
disagreement. Prophet SAW says, “Whatever has been permitted
by Allāh SWT in His Book is permissible, and whatever has been prohibited
is forbidden and whatever is silent is forgiven. Do accept His forgiveness.
Indeed Allāh SWT is not forgetful." Then the Prophet SAW recited
“And never is your Lord forgetful." "My opinion is correct but
it might be wrong, others’
opinions are wrong but it
Dr Yūsuf al-Qarḍāwi says, "The word forgiveness in the Ḥadīth refers to might be correct".
His blessings in Sharī’ah for the sake of people. Disagreements of opinions (Source: Imām Shāfi’ī,
allow certain degree of flexibility in applying and implementation of Al-Umm )
Sharī’ah to various contexts".

Ethical Foundation in Managing Disagreements
1. Sincerity in Seeking the Truth for the Sake of Allāh SWT

In seeking the truth, the main intention must always be for the sake
of Allāh SWT as intellectual endeavour is perceived as the act of worship
(‘ibādah) in Islām. Imām Shāfi’ī was reported as said, “The best act
worship in the eyes of Allāh SWT after the obligatory act is
seeking knowledge.Thus, having other intentions than the
blessings of Allāh SWT will definitely disqualify one to be rewarded
as an act of ‘ibādah.