When we speak about disagreement in Islamic Law, we often talk about multiple interpretations of the sacred texts, methodological differences,
and other matters of a scholarly or intellectual nature. There are, however, other reasons why people of knowledge and piety disagree, reasons related more to their intrinsic qualities and surrounding circumstances many of these factors can bring about legitimate and valid disagreements, but not all of them, and not all the time. Those who are engaged in Islamic Work should be well aware of these factors.
1. Varying Individual Strengths
People differ in their strengths. This is true whether we are talking about strength of character or intellectual strength. There are scholars who possess a sharp intellect and a deep level of understanding who also have the personal fortitude to weather criticism and speak their mind in the face of opposition. We see this combination of qualities in `Umar b. al-Khattāb. Many narrations have come down to us where he disagreed with other Companions on matters where he had a different understanding. He was blessed with a keen mind and the strength of character to match it.
There are also those scholars who have sound opinions and good ideas, but they keep what they think to themselves, fearing reprisal. They might make a bequest to have their writings published after they die, because they do not think they have the strength of character to deal with the controversy and criticism they know that their views are going to create.
2. Differing Levels of Knowledge
This disparity in knowledge not only between people, but also as within a single individual over the course of time. This is why scholars often change their minds. As they acquire more knowledge, it forces them to revise their opinions. We find this to be the case for nearly every major scholar.
It is also the case with the Prophet. Ibn Hajar and al-Nawawi, in their famous commentaries on the prophetic hadith, discuss hadith narrations that appear contradictory in meaning. Quite often, they account for the difference by saying that one of the traditions is later than the other, and the reason for the difference between them is that the Prophet acquired knowledge he did not possess before.
Allah tells us in the Qur’an to offer the following supplication: “Say: My Lord! Increase me in knowledge!” [Sūrah TāHā: 114]
3. Differing Circumstances
There are many ways that cultural norms, general conditions, and the surrounding environment can effect one’s opinions. Indeed, different circumstances require different solutions. A society where religious commitment is strong is not the same as one where people are spiritually weak. People living in poverty are not going to need the same things as people who enjoy prosperity. What is required in times of war and instability can differ from what is needed when people are living in a state of peace and security. Likewise, exceptional circumstances need to be addressed by unique solutions which might not be appropriate under normal conditions.
It is crucial to understand the underlying reason behind the rulings propounded by Islamic Law, in order to know whether that reason is being realized when the law is applied in a particular situation. It is also important to determine whether the conditions for implementing that ruling have all been met and that no factor is present that would prohibit its implementation.
During the Prophet’s time, a Bedouin came to the mosque in Madinah, entered it, went over to a corner, and urinated. The Companions were outraged by his behaviour and wanted to chastise him for it. They had good reason to be angry. The mosque was a sacred place and the man had gone inside and done something disgraceful. They wanted to correct him for his wrongdoing. However, the Prophet understood the level of that desert dweller’s understanding, so he prevented the Companions from criticising him. He signalled to them to wait until the man had finished relieving himself, then instructed them to bring water and wash that area of the mosque. He then went to that man and explained to him gently how he is supposed to behave in a mosque.
This shows us how important it is to consider the background of the individual in the application of Islamic Law. This is one of the contingent factors, like the environment, that can lead to a disagreement regarding the appropriate ruling.
4. Human Nature
Religious scholars are just like everybody else. personality plays a major role in determining a person’s outlook and perspective. All people have idiosyncrasies, preferences, and biases. Each person has a unique set of fears and desires, likes and dislikes. Some people have an optimistic, easygoing approach to life, while others are pessimistic and view the world in a darker light. Some people are stern while others are lenient. Some are reclusive while others are sociable.
Each of the great imams had a unique personality. Mālik took pleasure in the simple but good things in life. Ahmad b. Hanbal, on the other hand, was very keen on self-sufficiency, even in what he ate and wore. He did not like depending on others for anything. These factors are part of what made them the people they were. They is no blame on a scholar for such aspects of their personality that Allah has given them. Yet, this inevitably affects their thinking and contributes to disagreements in scholarly opinion. Islamic Law is broad enough to accommodate and engage with the full spectrum of human experience and sentiment. This is why no scholar and no school of thought will ever be able to claim to represent Islamic law in its entirety.
5. Self-Interest, Bigotry and Prejudice
This causes disagreements that are reprehensible and blameworthy. We must keep in mind that when the people in question are knowledgeable and God-fearing, their differences are rarely ever based on self-interest. Certainly, the pre-eminent scholars, like the four imams, were able to keep themselves above such things.
However, it can happen on rare occasions that even someone with a reputation for religious knowledge and piety can fall victim to this fault. Bigotry has been a serious problem throughout Muslim history. It has caused great misery and loss. Cities and whole countries have fallen on account of it. It has spurred on innumerable conflicts.
People who have been blinded by bigotry or self-interest are usually unaware of it. They would have to engage in serious introspection and interrogate their innermost motives to realize their fault. Convinced of their own arguments and the righteousness of their cause, they inevitably perceive everyone else to be self-motivated and biased.
These are the five most common intrinsic, intangible causes of disagreement among Muslim scholars and Islamic workers. There are certainly other reasons, but rarely does a disagreement occur without one of the above-mentioned reasons having something to do with it.
IslamToday.net
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