“THE DISPUTES AMONG MUSLIM SCHOLARS”

A Research Paper
Presented to
Sir Norhazrin Curo
Department of Diplomacy & International Relations
RC-Al Khwarizmi International College Foundation
Marawi City

In Partial Fulfillment
Of the Requirements for the Course
IS22 Introduction to Shariah
Second Trimester, AY 2020-2021

Presented by
Maglangit, Setty Hakeema A.

August 2021
 INTRODUCTION

Differences of Opinion is the underlying cause of the disputes among the Muslim

scholars even during the times of the Shahabah (the Companions of the Prophet Muhammad,

peace be upon him). The Muslim scholars play an important role and have a lot of influence

among the Muslim society, having dedicated to the study of the Qur’an and Hadiths, they are still

subject with the parameters of such differences. On those matters that needs interpretation, the

Islamic tradition has always recognized a scope of difference of opinion. Muslim scholars, To

the lay Muslim, however, being presented with differing opinions on a subject can often be a

source of confusion. Without knowing what composes valid against invalid opinions, they may

unintentionally adopt erroneous ideas that are contrary to the teachings and rulings of Islam.

Diversity of opinion can be a source of confusion as Muslims feel skeptical over which opinion

to follow in their everyday practice of the faith and some incidental matters. Some may even

think the existence of opposing opinions to be a source of religious doubt, thinking why God

allows such disagreement to exist in the first place.

Although Muslims believes that there is one divinely revealed Islam and they share

certain beliefs and practices, such as a belief in God, the Quran, Muhammad, and the Five Pillars

of Islam, there are still many Muslim interpretations of Islam. As a world religion, Islam

practices itself in different ways within a vast array of cultural practices. Islam has developed

different sects and divisions like other faiths. There are two major branches of opinion about

political and religious leadership after the death of the Prophet Muhammad or also known as the

two main sects within Islam (pbuh): the Sunni and Shi’a. There are also diverse school of

thought over various issues. One clearest and important example of the diversity of opinion is the

Islamic Law.
 People study evidence and then seek to develop an understanding based on the strongest

interpretation of that evidence. The same process takes place when scholars study the Qur’an and

the Sunnah. Just as in any other academic field of study, the main concepts and principles are

well known and are established with certainty, while the precise application of those principles

are often needs to be interpreted. It is a fact that Learning, contemplation, analysis, and research

are acts of worship in Islam and help a person appreciate the finite wisdom and reasoning of

human beings and the infinite perfection of the Divine Omniscient Lord. This research paper

provides an overview of why differences of opinion is the main reason of disputes among the

Muslim scholars exist.

LITERATURE REVIEW

Overview of the Religion Islam

The essential procedure for following Islam is clear from the very meaning of the word

‘Islam.’Islam is an Arabic word that means “submission”, submitting to the way of God. The

root word of Islam is ‘silm’ which itself means peace, that is why every  teaching of Islam is

based on the principles of peace and avoidance. That necessarily entails following the guidance

that God has revealed, It is the religion of the Muslims by following the guidance that God has

revealed, which is found within the two foundational sources of Islamic teachings: the holy book

Qur’an and the practices of the Prophet Muhammad (Peace be upon him). The Quran states that

Islam is the universal religion and is a mercy to all creatures based on this verse:

“And we sent thee not [O, Muhammad], except as a mercy for all creatures” -(Surah Al-

Anbya 21: 107).

prohibitions”, it is the way of life that a true Muslim should live on. Being a Muslim a person

must be willful to submit and to obey Allah, and to live a life according to His message. That is

why Muslim scholars are cautious in giving their opinions on specific situations as it may be

followed by the Muslim society. Belief in Allah is the core of the faith of Islam.

The main doctrine of Islam are based on statements revealed on the Qur’an and the

teachings of the Prophet Muhammad. While on those secondary issues and subsidiary matters

that needs interpretations we have the Muslim scholars that can share their understandings and

opinions on certain circumstances.

The Muslim Scholars of Islam

Muslim Scholars are also known as Ulama. The term Ulama literally means those who

possess knowledge specifically about Islam. God has given us a system of guidance that is meant

to be followed and, in order for one to understand that guidance, one must study it and acquire

knowledge; and we have the ulama as first interpreters of the Qurʾan and transmitters

of hadith, the words and deeds of the prophet Muhammad.  Muslim scholars have made

significant contributions to the world of learning.

MAIN DISPUTES AMONG SCHOLARS: DIFFERENCES OF OPINION

There are many reasons why Muslim scholars are having disputes. The main underlying

issues are differences of opinions that occur between Muslim scholars from Differences in the

subsidiary issues and secondly in issues of striving to reach the truth. Some of their arguments
arise from the differences of Understanding of the Noble Qurān verses and hadiths. Also their

diversity on interpretations and application of the Islamic Law. It is in human nature that people

will have different insights on similar matters. Differences among humans are natural, as attested

to by the Qur’anic verse: “And from among His signs is the creation of the heavens and the

earth, and the variation in your languages and colors. In this are signs for the worlds.” (al-Rum:

22). Since Islam is a universal faith, it has been subject to diverse interpretations. So it is

inevitable that the Muslim scholars will also differ from others based on their accumulated

teachings and instructions from the Prophet Muhammad (pbuh), their level of knowledge, beliefs

and understanding. It is unavoidable that our Ulama/Muslim Scholars will have legitimate

differences of opinion that can be a source if arguments and debates among them. These

variations can lead to confusion among Muslims as to which opinion to follow in practicing of

faith. Especially in this modern times which use of social media is prevalent and the variations of

opinions from the Muslim scholars are easily accessible.

Differences of opinions existed in the best centuries and between the best of mankind

after the prophets and messengers. During the lifetime of the Prophet Muhammad (pbuh), his

companions and the muslims learned the practices and rulings of Islam from him through the

teachings from the Qur’an and the Hadiths. At those times, there were no differences of opinions

among the muslims except those minor issues and subsidiary matters. This differing was in a

matter related to rulings and actions, not in the important fundamentals itself. With the presence

of the Prophet Muhammad (pbuh) he was able to explain them the right ways and tell them his

judgment on those matters.

It was until the death of the Prophet Muhammad that some shahabah and muslim
scholars began to have variations in interpretations. And with the absence of the Prophet, the

shahabah spread out to various places to inform and teach the people about Islam, there appeared

some differences of opinion with regards to some matters.

The Scholars – from the Companions and those who came after them – when they

differed in any matter, then they followed the command of Allaah – the Most High – in His

saying:

“If you differ in anything amongst yourselves then refer it back to Allaah and His

Messenger, if you do truly believe in Allaah and the Last Day. That is better and more

suitable for final determination.” (Surah an-Nisaa 4:59).

So the scholars would discuss, consult and sincerely advise concerning the issue.

Sometimes they would differ in matters linked to the ‘aqeedah ( It is a branch of Islamic

studies describing the beliefs of Islam), as well as issues linked to actions, yet along with such

differences, they still preserved the unity and brotherhood.

According to a saying of the Prophet Muhammad (pbuh): "The difference of opinion in

my Ummah are blessing". When difference of opinion happens in events that needs to be

interpreted, and is based on sincerity in finding the truth and correct knowledge, it is a mercy

from God and an opportunity to worship Him by using the minds He has gifted us with. The

Prophet Muhammad (pbuh) believes that the disagreements will unite Muslims in discussing,

reasoning together, giving their thoughts and interpretations on matters, and if they disagree on

something it is for the purpose of obtaining correct knowledge. These differences must not lead

to taking sides or create distance between people, and their main goal should be for the
obedience to Allah. But on the event that if anyone uses disagreements of opinion just to

compete, then it is wrong as it signifies for a selfish ulterior motive. Allah does not encourage

divisions as He said, "And be not like those who split up their way of life and become mere

sects, each group rejoicing in what it (claims) it has." (Qur'an 30:31-32).

CAUSES OF THE DIFFERENCES OF OPINIONS

Disagreement between the Muslim scholars occurs because some matters are open to

interpretation and are not definitive. Just as same as experts in any academic field, they agree on

the fundamentals but disagree on particular details. People study evidence and then seek to

develop an understanding based on the strongest interpretation of that evidence. In Islam the

same process takes place when scholars study the Qur’an and the Sunnah. There are many

reasons which contribute to why there exist differences of opinion among the Muslim Scholars.

We will tackle here some of the reasons :

1. A hadith was not known to the scholar when he made his judgment that cause a

mistake in giving his opinion.

This instance is possible since it also happened among the shahabah (companions

of the Prophet Muhammad). There were some shahabah that did not know a certain

hadith. During the time of Umar (r.a) there was a plague broke out at Ash-Shams. Umar

asked the shahabah on what they thought should be done on circumstances like this. The

shahabah have opinions and insights differing from each other. Then Abdurrahman bin

Aud (r.a) came and said that he heard the Prophet Muhammad (peace be upon him) said:

“If you hear of an outbreak of plague in a land, do not enter it; and if the plague breaks out in a
place while you are in it, do not leave that place.” (Sahih al-Bukhari).

This shows that prior to the statement of Abdurrahman bin Aud (r.a), the shahabah

did not know about the hadith. Sometimes a judgment was made even by a companion

without knowing a hadith that was explicit in regards to that matter.

2. Some Muslim Scholars know a hadith but uncertain about the authenticity of it,

even others are convinced of it.

These scholars who have doubt rely on their personal reasoning. They put it on the

side and initially study the hadith further, investigate it and conduct research about a

certain hadith until they are wholly sure and convinced that this hadith is authentic.

An event occurred during the time of Shahabah with the case of Fatimah Bint Qais

(r.a), a companion of Prophet Muhammad (pbuh) from Quraish. She was famous for

hadith that give rise to disputations. According to the hadith, she says that a divorced woman

has no right for accommodation and living expenses from her husband during iddah (the period a

woman must observe after the death of her husband or after a divorce, during which she may not

marry another man). The companions and scholars did not know what to do in regards to the

Iddah and the proper provisions. It was not clear because it seems like that was the first triple

divorce in Islamand they did not know what to do.

Fatimah Bint Qais (r.a) says that when her husband divorced her in the period of

the Prophet (Sallallahu Alaihi wa Sallam), her husband sent his agent with some barley to

provide for her expenditure which did not please her and went to Prophet Muhammad

Rasulullah ‫ ﷺ‬and told him about her situation complained against her husband.
Rasulullah ‫ﷺ‬ replied, “Your expenses are not an obligation on him.” This means

that when a divorce occured thrice, the husband is not obliged to let the woman stay in his

house or to provide her with another accommodation.

There are Companions and scholars who haven’t accepted this hadith, even though it was

technically correct. Many scholars believe this hadith goes against the Quran.The verse in the

Quran that they are referring to is:

“Oh Rasulullah! When you [men] divorce women, divorce them for their iddah, and

count their iddah [accurately] and be wary of Allah SWT, your Lord. Do not force them from

their homes, nor should they leave [of their own accord], except in the case of blatant indecency

(fahishah). And those are the bounds of God; you [the one divorcing his wife] do not know-it

may be that God will later bring about some new affair [i.e. some reconciliation or eventual re-

marriage]. […] Lodge them [divorced wives] where you dwell, according to your means, and do

not be hurtful to them so you constrain them [forcing them to leave]. And if they are pregnant,

then spend on them until they deliver their burdens. Then if they breast-fed the children for you,

give them their due payment, and consult each the normal way (bil maruf). ” - Quran –Surat Al

Talaq-65. 1,6

Some scholars preserved their scholarly opinion to stand on the Qur’an verse, that a

divorced woman has the right of accommodation and expenses, whether the divorce is final or

provisional, and whether she is pregnant or not. 

3. A Muslim Scholar knows a certain hadith, but subsequently forgot it.

Forgetting is usually normal as we are just human beings that are susceptible to fail

remembering things, and such is not exempted to our Muslim Scholars in this present time and
during the time of the Shahabah.

The Prophet Muhammad once missed out a verse forgetfully, and after the prayer ‘Ubayy

Ibn Ka'b (r.a) informed the prophet.Then Prophet Muhammad said“Why you did not remind me

of the verse?”. This happening shows us that even our beloved Prophet tends to forget as he is

also a human being.

Additionally, consider the verses in the Qur’an:“We will have you recite ˹the Quran, O

Prophet,˺ so you will not forget ˹any of it˺, unless Allah wills otherwise.“ (Surah Al-A'la 87:6-7).

This verse does not implies that Muhammad will never forget any of the Qur'an. It is saying that

he will only forget what God wills. Thus the verse seems to be an explanation and justification of

Muhammad's forgetfulness.

This also occurs in both the Qur’an and the sunnah. An example is the famous hadith on

the authority of Sa’id bin ‘Abd al-Rahman bin Abzay on the authority of his father, that a man

came to ‘Umar bin Al-Khattab and said, “I became Junub, but did find any water.” He

responded, “Do not pray.” Then, 'Ammar bin Yasir said to 'Umar, “Do you not remember, when

we were together on aa journey, and we became Junub (ritually impure) and could not find

water. You did not pray, but I rolled myself on the ground and prayed. I informed the Prophet

about it and he said, “It would have been sufficient if you struck your hands on the ground, blew

on them, and wiped your face and hands with them.”

4. A hadith had reached a scholar but misinterpret the real meaning of such hadith.

In a case when a same evidence or hadith is presented to two different ulama but

they came up with two different understanding, they may have interpreted it contradicting
each other. This is happening in our present ulamas and happened many times among the

Shahabah and among the madhab (school of Islamic Jurisprudence).

An example occurrence is the interpretation on this Qur’anic verse: “ There is no

blame upon you if you divorce your wives before you have touched them”- (Al-Baqarah:236).

In this verse the word “touched” is still a big discussion in Arabic language. Thus give rise to

different meanings and interpretations. Does this word means “to be intimate”, “ to almost be

intimate”, or merely “just a touch”? This kind of matters will result to differences in

understanding but in regards to issues like this muslim scholars view this in a broad meaning.

The most famous example of this misinterpretation is related by Nafi’ bin ‘Abdullah, who

said The Messenger of Allah ordered his Companions to leave for battle and said: “Let none of

you pray the `Asr prayer [in Muslim also: the Zuhr prayer] except after reaching the Banu

Qurayza.” The Companions understood this command differently: Some of the companions were

worried about the time for prayer expiring, The `Asr prayer became due for some of them on the

way, so they prayed before Banu Qurayza. Others said, ‘We will not pray even if the time passes,

in obedience to the command of the Prophet.’ Later on it was mentioned to the Prophet and He

did not rebuke either of the two opposing groups. This is a proof that there is more than one way

to understand a hadith.

Another ground of having differences of opinion is that sometimes there are different

wordings of a narration. Different scholars use another terms or phrasing which led to difference

in the understanding of the readers or listeners. That makes the scholars prefer narrations by

jurists as they are careful when narrating a narration.

A narration appears in the Sunan of Imām Abu Dāwood (r.a) regarding prayer upon the

deceased. The wordings of different narrations differ resulting in a difference in the juristic
ruling derived there from Sayyiduna Abu Hurayrah (r.a) narrates that Rasulullah said: “Whoever

prays over a deceased in the masjid, then there is nothing against him”. Other narrations have the

wordings: “Then there is nothing for him”.

The scholars who take the wordings of “then there is nothing against him” interprets this

verse as allowing salāh on the deceased in the masjid. Contradicting to those who take the

wordings “then there is nothing for him”, which they interpret as disallowing of salāh on the

deceased in the masjid.

5. The Scholar is aware of the hadith but it was abrogated, and he did not know the

abrogating text.

Abrogation indicates that there are changes on an existing verse or hadiths, or a

previous rulings was completely revoked. Also some of the texts from different sources and

previous revelations like Torah or Injeel were canceled by the rules set in the Holy Qur’an.

One issue related to the Qur’an is abrogation. Muslim scholars in have been aggressive

to one another over abrogation in the Qur’an. Some scholars favor the abrogation and the others

invalidate it. All of them insist on their respective scholarly opinion on the abrogation. They

firmly stands on what they think more practicable. When one does not find any direct statement

from the Prophet Muhammad (pbuh) indicating that any verse of the Qur’an is practically

invalid, and if the Prophet he remained silent over this matter, it means there is no verse

abrogated.

There is a verse in the Qur’an stating: “If We ever abrogate a verse or cause it to be

forgotten, We replace it with a better or similar one. Do you not know that Allah is Most Capable

of everything?” - (Ayah al-Baqarah (The Cow) 2:106.

stronger text or a scholarly consensus (ijmaa’).

The hadith had reached the scholar, but he did not regard the transmitter as reliable or

when a scholar thought that it contradicted something that was truthful than it, whether

that was a text or scholarly consensus (ijmaa’) and followed the more applicable option.

An example for this category is the opinion of Ibn 'Abbaas on Riba al-fadhl. Although it

is recognized by the scholars that Riba is haram, they differ when it comes to what constitutes

Riba and what does not. They all agreed that Riba Al-Nasi’ah is disallowed. The term nasi’ah

means to postpone or wait. There is a time factor and it refers to time period that is allowed for

the borrower to repay the loan in return for the addition of the premium, in simple words there is

an interest on this transactions. Riba Al-Nasi’ah deals with a hand-to-hand exchanges.

The only argument that exists among the scholars is on the acceptance of Riba al-Fadhl.

Riba al-Fadhl deals with hand to hand or barter exchange. This issue is of greatest concern

compared to other issues in riba as people are unknowingly falling into Riba. The argument is

between majority of the scholars on one side who believe that both types of Riba (al-Fadhl and

al-Nasi‟ah) exist in the items that was mentioned in a hadith narrated from 'Ubada ibn al-Samit :

The Prophet, , said: "Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for

dates, and salt for salt - like for like, equal for equal, and hand-to-hand; if the commodities differ,

then you may sell as you wish, provided that the exchange is hand-to-hand." (Muslim, Kitab al-

Musaqat, Bab al-sarfi wa bay'i al-dhahabi bi al-waraqi naqdan; also in Tirmidhi)

While against Abdullah ibn Abbas and some scholars who agreed on his opinion that

Riba only occurred in Al-Nasi’ah and not in al-Fadhl. Their stand on this opinion is from the

hadith that was narrated from Usamah ibn Zayd : The Prophet, , said: "There is no riba except in
Nasiyah [waiting]." (Bukhari, Kitab al-Buyu', Bab Bay' al-dinari bi al-dinar nasa'an; also Muslim

and Musnad Ahmad) "There is no riba in hand-to-hand [spot] transactions." (Muslim, Kitab al-

Musaqat, Bah bay'i al-ta'ami mithlan bi mithlin; also in Nasa'i).

Abdullah ibn Abbas opinion is that as long as two people exchange and make the

payment at the same time their is no need for prompt payment, the transaction is halaal even if 5

grams of a gold is being exchanged for 1gram.

7. The scholar used a weak hadith as the basis for his ruling, or he derived the ruling

by means of weak arguments.

Majority of Muslim scholars accept weak hadith when they are not aware or they cannot

find any stronger narration. Instead they use a weak narration over analogy which is an accepted

source of Islāmic Jurisprudence. Those scholars whose accept weak narrations in establishing a

ruling will differ with those who do not accept weak narrations as strong enough proof. Some

scholars did not narrate weak hadiths, to take evidence from them, or to follow them, they only

narrated them for the sake of narrating or to free themselves from the obligation. It must be noted

that a hadith that is weak, must not be considered a proof in Islamic Law

When there are doubts in a weak hadith being proven that it is from the Prophet (peace be

upon him) or not, And Allah The Exalted mentioned in a verse that:

“And follow not that of which you have no knowledge. Verily! The hearing, and the sight, and

the heart, of each of those one will be questioned (by Allah).” [Al-Isra: 36]

And it was also stated in a hadith from The Prophet Muhammad (peace be upon him)
said: “What is lawful is evident and what is unlawful is evident, and in between them are the

things doubtful which many people do not know. So he who guards against doubtful things keeps

his religion and honour blameless, and he who indulges in doubtful things indulges in fact in

unlawful things, just as a shepherd who pastures his animals round a preserve will soon pasture

them in it.” [Saheeh Muslim: Bk 10, H. 3882].

BASIC GUIDELINES WHETHER AN OPTION IS VALID OR NOT

A basic principle when we want to assure that an opinion is valid or not. We should note

that an opinion to be accepted must given by someone who has the expertise, experience, and

peer recognition. It must be from a Muslim scholar that possesses credibility and adequate

knowledge. Another way for an opinion to be valid, it must be derived from the Islamic sources.

It has to be based upon the teachings of the Qur’an and Sunnah, not from imaginative source

that has no basis in Islam and the opinion must not that violates the very basis of Islam. An

opinion that claims to be Islamic must be accordant with the values of justice, mercy,

compassion, modesty, as well as the objectives of Islamic law.

WHAT IS OUR STANCE ON THIS DIFFERING

The best guidance is the way of our Prophet Muhammad (pbuh) and the scholars of

hadith that are knowledgeable of this guidance, for they are also named as righteous

predecessors. Allah has not left people unsure and unclear on distinguishing the valid from the

invalid, rather Allah has created signs, evidence and proof for the truth. This means entrusting

the interpretations to the Shahabah and those who followed them in truth.

Moreover, God has created in this life serve as a spiritual test for the believers, including
the existence of differences. God states, “And We have made some of you people as a trial for

others—will you have patience?” (Qur’an 25:20). The test demonstrate itself in different ways:

whether we will manage our disagreement in a manner that will please Allah; whether we will

acquire a position because we believe it is closest to the truth or because it is more self-serving or

politically beneficial; whether we will elevate our scholars to infallibility on account of our

overzealousness or whether we give them due respect for their expertise while acknowledging

their humanity.

CONCLUSION

In this paper we relate some of the causes why there are differences of opinion resulting

to dispute among the Muslim Scholar. The point of this research paper is not to resolve specific

points of controversy; rather, it redirects our attention that differences of opinions among the

Muslim Scholars existed and is a normal occurrence. We sum up the reasons of conflicting

insights of our Muslim Scholars on matters which leads to disputes among them, and give some
example scenarios from the time of the Shahabah, the Companion of the Prophet Muhammad

(pbuh). Our review of the religion led us to identify that the variations of opinion from the

Muslim scholars are permissible in Islam as long as its basic principles are not modified and

will remain unchanged. The Qur’an and Hadith should be the basis that will always prevail

above all. This finally leads to clarify positive side of the presence of Ikhtilaf (religious

disagreement) on an issue can also help Muslims to have a choice on whose interpretation is

best to apply on a certain circumstances and personal experiences, considering there will be no

negative effects on them. Respecting each others opinion must be practiced, irrelevant of the

disagreement between parties, as the essence of our religion Islam is to keep harmony and

balance in humanity. The focus should always be on clarifying the issue itself so that people are

duly educated, rather than focusing on attacking an individual who adopts an invalid opinion. In

fact, holding an invalid opinion does not invalidate one from being a valuable member of the

community or a transmitter of sacred knowledge

Although diverse scholarly opinion is within the parameters of Islam, it still represents a

basic union of belief in Allah. The diversity of opinions on some matters are for the goal of

attaining only the truth.

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