Firstly, it is the right of a Muslim who comprehends the evidence of rulings to choose what aligns with his personal reasoning, whether it is a matter agreed upon or one in which there is a difference of opinion. The essence in this regard is not the attainment of unanimity but rather the realization of effective causes.

Secondly, not every difference of opinion is evil simply because it is a difference. The evil type of difference of opinion is that which occurs due to personal desire and interest, lacking clear evidence.

Differences of opinion among the companions happened, yet the Prophet Muḥammad (peace be upon him) did not consider it evil. On the contrary, he would hold both parties correct in many occasions.

Examples include:

• The issue of the ῾Aṣr prayer during the Battle of Banī Qurayẓah. Someone might argue that precaution (i.e., avoiding differences) dictates performing the prayer on time, contrary to those who followed the apparent meaning of the verse: ” Indeed, prayer has been decreed upon the believers a decree of specified times.” [An-Nisā᾽ 4:103]. Despite this, the Prophet approved those who delayed it for that situation.
• The Ḥadīth that mentions two men who performed Tayammum (dry ablution) to perform prayer. When they found water later, one repeated the prayer while the other did not. The Prophet told the one who did not repeat it, “You have followed the Sunnah,” and to the other, “You will have a double reward.” Although the logical sense dictates that precaution requires repetition upon finding water. However, the Sunnah is to take the concession of performing Tayammum.
• The disagreement between Hishām inn Ḥakīm and ῾Umar ibn al-Khaṭṭāb regarding the recitation of Sūrat al-Furqān. The Prophet told both of them, “This is how it was revealed.” This goes against the principle of precaution to recite it in a unified manner since they both belonged to the Quraish tribe.

Thirdly, if we were to consider the precautionary approach as the path to safety in a Muslim’s life, we would eliminate diversity and differences among people. Every action would be strict in all circumstances, and the prohibition, forbiddance and avoidance would always be the preferred option. However, this would lead to extremism that the Sunnah did not advocate. There is a Ḥadīth stating that the Prophet (peace be upon him) used to choose the easiest opinion when he was given a choice unless it involved sin. If the matter of choice if protentional, he would prefer the easiest and most applicable, although precaution requires taking the strictest option.

Fourthly, we follow the example of the Companions and the pure scholars. Was their approach in worship characterized by precaution?

Or have they practiced their personal reasoning according to Islamic legislation?

Why did not the Shāfi᾽iy school abandon the Qunūt of Fajr as a precaution?

Why did not the Ḥanafiy school declare the necessity of a guardian in marriage as a precaution?

Why did not Ibn Taymiyyah declare the necessity of purity in circumambulation for menstruating women as a precaution?

Why did not the majority of scholars limit the term “Qar᾽” to the menstruation period only as a percussion (given that menstruation prolongates the waiting period and gives a chance to return to marriage)?

Why did not the majority prohibit contracting, even with the potential for uncertainty (gharar)?

Fifthly, differences fall into two categories: good and bad. The determining factor for them is whether the disagreement arises from sound evidence. As Ash-Shāṭibiy (may Allāh have mercy upon him) stated: “The difference of opinion is considered a good difference if the opinions stem from sound evidence, whether strong or weak. If it arises from the absence of clear evidence or the inconsistency of the evidence, it is not considered good difference. Therefore, it was said: Such opinions are not considered in the realm of difference as the righteous predecessors have considered the difference of opinions regarding riba al-Faḍl (surplus usury), temporary marriage and improper intercourse with the wife. The opponents in such matters have no supporting evidence for their opinions. As long as there is evidence, real or potential, it is considered a good difference of opinion and the one who acts upon it is a follower of the scholar who holds such difference.

Therefore, whoever wishes to follow the opinion of prohibition in a disagreed upon matter has aligned with one valid view, and whoever adheres to the opinion of permissibility has also aligned with a valid view. Every Muslim has the right to follow whom he deems correct. Still, it is not appropriate for him to claim to be more religious than one who follows a conflicting opinion.

Fatwa issued by Dr. Khālid Naṣr