FIQH OF TOLERANCE
This small
paper is an attempt to highlight the right
guidance in differing according to the theme and
methodology of Ahlu Al-Sunnati wal Jamaa’ah. In
addition, I made use of the series of the:
Centre for Studies of Implementation of Shari’a
Law in Islamabad where I have been the head
of the department of research.
The fact, brothers, it is not unknown for you
that Allah The All Praised and The All High, has
ordered in the clear Revelation for unity,
co-operation, and not to conflict nor dispute
between us, as this may do away with our
strength and make some of us taste punishment
from others. The All High said, “and do not
dispute with each other that you may fail and
your strength departs, and be patient. Truly,
Allah is with those who are patient.” (Surat
Al’anfaal 8/46).
Shaykh
Al-Islam Ibn Taymiyyiah, may Allah’s Mercy be
upon him, said, “Such difference that has
occurred in this Ummah including its scholars,
Shaykhs, Ameers, and elites, is what brought the
overpowering of enemies upon it. This is due to
their leaving action upon obedience of Allah and
His messenger. Whenever people leave some of
what Allah ordered them to do, enmity and hatred
befall them. When people divide, then they
become corrupt and perish, and when they gather,
they are rectified and gain rule. For the
gathering is mercy, and division is torment.”
1/( 3:419 – 421).
This is an affirmation from the Shaykh, may
Allah’s Mercy be upon him, that adhering to the
congregation, and amicability is from the
fundamentals of This Faith, therefore, the
fundamental matter should not be diminished to
preserve the lesser matter. Imam El-Tahawi
confirmed this meaning in his book on “Aqeedah”
or Islamic creed and considered it to be one of
the fundamentals of Ahlu Sunnahti wal Jama’ah
and said: “We follow the Sunnah and
the congregation (Jama’ah) and we avoid the odd,
the dispute, and dividing” 2/ 208.
We shall attempt in these few pages to clarify
the matters of difference and their types, be
they based upon major maters of difference or
partial matters, or be they from matters of
reasoned opinion, Ijtihad, or definite
fundamentals. We then discuss the manner of
dealing with the one who is different, and
guiding difference rightly according to the
light of Islamic legislative rules. They are as
follows:
Types of difference:
Difference divides according to the mater
disputed, into three types:
First
type:
Difference in branch matters and issues of
Ijtihad.
Second
type:
Difference in fundamentals of faith and ways
of belief.
Third
type:
Difference in political opinions and areas of
activism.
The learnt Ibn Abi Al-Izz, the Hanafi, said:
“Basically, the types of difference and
deviations are two: difference of variation and
difference of contradiction.” 2/289.
The difference of variation have further
subdivisions, in some of which each one of the
opinions or actions is truly a legislative right
as the case of the Qiraãt (the different ways of
recitation of the Holy Quran) upon which the
companions (R) differed. …and you find a
difference among many people in this Ummah that
lead some parties of them to fight on reading
Iqamah once or twice! And this indeed in is the
unlawful.
As for the difference of contradiction, this is
the two contradicting opinions, whether in
fundamentals or subsidiary issues.” 2/289.
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