Our Attitude Towards the Differences Among The Scholars

Our attitude towards differences among the scholars
If there is some issue and there is more than one shar’i fatwa concerning it, and a fatwa that says it is halaal (permissible) and a fatwa that says it is haraam (forbidden), and a fatwa that is in between, then which should the Muslim choose, especially with regard to modern issues in which qiyaas (analogy) and ijtihaad (studying an issue within the framework of the Qur’aan and Sunnah) may play a part, and concerning which there is no shar’i text, such as bank interest, or what we call investments or returns on investment, or any other new names that are given to it?
What do you say about people who say that this is the fatwa of a scholar, and that he is responsible for it, and that it is hung around his neck?
What is your view on one who follows the dispensations granted by the scholars or the easier options that they grant? They say that these are the people of knowledge and these are their fatwas, and they know better than we do about that? But their fatwa may go against the fatwas of other shaykhs and scholars in the same country or in other countries, so which of them should we follow? How can we know what is right and what is not? Please note that most people do not have sufficient knowledge to decide whether the fatwa issued by a scholar or mufti differs from those issued by other scholars.


Praise be to Allaah.

Before answering this important question, we must first describe the conditions that must be met by the mufti so that he may be regarded as one of the people of knowledge whose words count and if he expresses a different view we may then say that there is indeed a difference of opinion among the scholars. There are many such conditions, which ultimately boil down to two:

1 – Knowledge, because the mufti will be telling people about the rulings of Allaah, and he cannot speak of the rulings of Allaah if he is ignorant of them.

2 – Soundness of character, i.e., he is righteous in all his affairs, he fears Allaah and he keeps away from anything that may undermine his credibility. The scholars are agreed that a fatwa cannot be accepted from one who is immoral, even if he is knowledgeable. This was clearly stated by al-Khateeb al-Baghdaadi.

Whoever meets these two conditions is a scholar whose words may be accepted, but whoever does not meet these conditions is not one of the people of knowledge whose words may be accepted. The words of one who is known to be ignorant or who is known not to be of good character cannot be accepted.

Al-Khilaaf bayna al-‘Ulama’ Asbaabuhu wa Mawqifuna minhu, by Shaykh Ibn ‘Uthaymeen, p. 23

What is the Muslim’s attitude towards the differences of the scholars described above?

If the Muslim has enough knowledge to enable him to compare the views of the scholars based on the evidence and to decide which is more likely to be correct, and he can tell what is more correct and more likely to be correct, then he must do that, because Allaah has commanded us to refer disputed matters to the Qur’aan and Sunnah, as He says (interpretation of the meaning):

“(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination”[al-Nisa’ 4:59]

So he should refer the disputed matter to the Qur’aan and Sunnah, and whatever appears to him to be more correct, based on the evidence, is what he should follow, because what is obligatory is to follow the evidence, and he may refer to the words of the scholars to help him understand the evidence.

But if the Muslim does not have sufficient knowledge to enable him to decide which of the scholarly opinions is more likely to be correct, then he should ask the people of knowledge whose knowledge and religious commitment he trusts and then follow the advice or fatwas they give. Allaah says (interpretation of the meaning):

“So ask the people of the Reminder if you do not know”

[al-Anbiya’ 21:43]

The scholars have stated that the madhhab of the common man is the madhhab of his mufti.

If their opinions differ, then he should follow the one who is most trustworthy and most knowledgeable. This is like when a person falls sick – may Allaah give us all good health – and he looks for the most trustworthy and knowledgeable doctor so that he can go to him, because he is most likely to give him the right treatment than anyone else. It is more important to be on the safe side in religious matters than in worldly ones.

It is not permissible for the Muslim to follow whatever scholarly opinion suits his desires if it goes against the evidence, or to seek fatwas from those who he thinks are going to be lenient in their fatwas.

Rather he has to be on the safe side when it comes to his religion, and ask the scholars who have the most knowledge and are most fearing of Allaah.

Al-Khilaaf bayna al-‘Ulama’ by Shaykh Ibn ‘Uthaymeen, 26; Liqa’ Munawwa’ ma’a Shaykh Saalih al-Fawzaan, p. 25, 26

Is it befitting for a wise man to take precautions for his physical health and go to the most skilled doctors no matter how far away they are, and spend a great deal of money on that, then take the matter of his religion lightly and not to care about it unless it coincides with his whims and desires, and to take the easiest fatwa even if it is contrary to the truth? Indeed, there are even people who – Allaah forbid – ask a scholar a question, and if his fatwa does not suit their whims and desires, they will ask another, and another, until they find a person who will give them the fatwa they want!

There is no scholar who does not have some issues in which he strove to make a decision on the basis of ijtihaad but failed to reach the right answer, but he is excused for that and he will have a reward for his ijtihaad, as the Prophet (peace and blessings of Allaah be upon him): “If a judge passes a ruling to the best of his ability and knowledge and gets it right, he will have two rewards. If he passes a ruling to the best of his ability and knowledge but gets it wrong, he will have one reward.” (al-Bukhaari, 7352; Muslim, 1716).

It is not permissible for the Muslim to follow the errors and mistakes of the scholars, for that combines all kinds of evil. Hence the scholars said: whoever follows that concerning which the scholars differed, and takes the easiest of their fatwas, becomes a heretic, or close enough. Ighaathat al-Lahfaan, 1/228. Heresy means hypocrisy.

We ask Allaah to give us understanding and to help us to acquire beneficial knowledge and to do righteous deeds.

With regard to what you mention about bank profits, this has already been answered. Please see Questions no. 181 and 12823.

And Allaah knows best. May Allaah bless our Prophet Muhammad and grant him peace.


Sheikh Muhammed Salih Al-Munajjid

The reason why there is no picture of the Prophet (peace and blessings of Allaah be upon him)

why is it that there isn't a picture available of the prophet Muhammed[pbuh] anywhere in the world?


Praise be to Allaah.

Islam came to prevent all means that may lead to shirk or the association of others in worship with Allaah. Among these means is the making of images, so sharee’ah forbids making images, and curses the one who does that, and a strong warning is issued to the one who does that. It was narrated from ‘Aa’ishah the Mother of the Believers that Umm Habeebah and Umm Salamah mentioned a church that they had seen in Abyssinia, in which there were images. They mentioned it to the Prophet (peace and blessings of Allaah be upon him) and he said: “Those people, if there was a righteous man among them and he died, they would build a place of worship over his grave and put those images in it. They will be among the most evil of creation before Allaah on the Day of Resurrection.” (narrated by al-Bukhaari, al-Salaah, 409).

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) came back from a journey and I had placed a curtain of mine that had pictures on it over (the door of) a room of mine. When the Messenger of Allaah (peace and blessings of Allaah be upon him) saw it, he tore it and said, ‘The people who will receive the severest punishment on the Day of Resurrection will be those who try to make the like of Allaah’s creation.’ So we turned it (the curtain) into one or two cushions.” (Narrated by al-Bukhaari, al-Libaas, 5498).

It was narrated that ‘Abd-Allaah ibn Mas’ood said: “I heard the Prophet (peace and blessings of Allaah be upon him) say: ‘The people who will be most severely punished on the Day of Resurrection will be the image-makers.’” (Narrated by al-Bukhaari, al-Libaas, 5494).

So how could he grant permission to make a picture of him? Hence none of the Sahaabah dared to make a picture or image of him, because they knew the ruling that doing so was haraam.

Allaah warns against exaggeration, as He says (interpretation of the meaning):

“O people of the Scripture (Christians)! Do not exceed the limits in your religion”

[al-Nisaa’ 4:171]

And the Prophet (peace and blessings of Allaah be upon him) warned against doing anything that may involve exceeding the limits concerning him (peace and blessings of Allaah be upon him). He said: “Do not exaggerate about me as the Christians exaggerated about the son of Maryam, for I am just a slave, so say ‘The slave of Allaah and His Messenger.’” (Narrated by al-Bukhaari, Ahaadeeth al-Anbiya’, 3189).

Imaam Muhammad ibn ‘Abd al-Wahhaab wrote a chapter entitled “Maa jaa’a ‘an sabab kufr Bani Adam huwa al-ghulw fi’l-saaliheen (What was narrated stating that the reason for the kufr of the sons of Adam was their exaggeration concerning the righteous).”, in which he said: “In al-Saheeh it is narrated that Ibn ‘Abbaas (may Allaah be pleased with him) said, concerning the aayah (interpretation of the meaning):

‘“And they have said: ‘You shall not leave your gods, nor shall you leave Wadd, nor Suwaa‘, nor Yaghooth, nor Ya‘ooq nor Nasr’ (these are the names of their idols).’

[Nooh 71:23]

– “These were the names of righteous men among the people of Nooh. When they died, the Shaytaan inspired their people to set up stone altars in the places where they used to sit, and call them by their names. They did that but they did not worship them, until those people died, then the knowledge was forgotten and they were worshipped.”

Ibn al-Qayyim said: “More than one of the salaf said: ‘when they died, the people started to frequent their graves, then they made statues of them, then as time passed they started to worship them.” (Fath al-Majeed Sharh Kitaab al-Tawheed by ‘Abd al-Rahmaan ibn Hasan, p. 219)

For this reason there are no pictures of the Prophet (peace and blessings of Allaah be upon him), because he forbade doing that, lest it lead to shirk.

The implication of the testimony that Muhammad is the Messenger of Allaah (peace and blessings of Allaah be upon him) is that we believe in him and in the message that he brought, even though there are no pictures of him. The believers do not need a picture of him in order to follow him. The description of him that is given in the saheeh reports means that we have no need of his picture. Among the descriptions of him (peace and blessings of Allaah be upon him) that have been narrated are the following:

1- He (peace and blessings of Allaah be upon him) was the most handsome of face of all people.

2- He had wide shoulders.

3- He was neither tall nor short (of average height).

4- He had a round face with a ruddy complexion.

5- His eyes were intensely black.

6- He had long eyelashes.

7- He was the Seal of the Prophets, the most generous of people in giving, he was the most forbearing and content of all people, he was the most sincere in speech of all people, he had the gentlest nature of all people and was the most easy-going with others. Those who saw him suddenly stood in awe of him and those who mized with him came to love him. Those who described him said they had never seen anyone like him before or since.”

See Sunan al-Tirmidhi, al-Manaaqib, 3571 and other books of Sunnah which give descriptions of the Prophet (peace and blessings of Allaah be upon him).

Undoubtedly the believers wish that they could have met the Prophet (peace and blessings of Allaah be upon him). Hence it says in the hadeeth narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The people most loved by me among my ummah will be those who would come after me, but every one amongst them would have the keenest desire to catch a glimpse of me even at the expense of his family and his wealth.” (Narrated by Muslim, al-Jannah wa Sifat Na’eemihaa, 5060). Undoubtedly love of the Prophet (peace and blessings of Allaah be upon him) and following him are the means of being brought together with him in Paradise. Part of loving him (peace and blessings of Allaah be upon him) is seeing him in a dream, which means seeing him in his real form. It was reported that Abu Hurayrah said: “I heard the Prophet (peace and blessings of Allaah be upon him) say: ‘Whoever sees me in a dream will see me when he is awake, for the Shaytaan cannot take my form.’” Abu ‘Abd-Allaah said, Ibn Seereen said: this applies if one sees him in his true form. (Narrated by al-Bukhaari, al-Ta’beer, 6478).

And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad.


Islam Q&A
Sheikh Muhammed Salih Al-Munajjid