12 May 2013
Life of Prophet Nuh (3) and Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)

Summary
Life of Prophet Nuh
The Disbelievers Remain Ignorant and threaten Nuh unless he changes his ways or compromises
Nuh's Appeal to His People direct with Signs of Allah
Nuh's Preaching for centuries, as he lived for 950 years
The people and the Elite (Malla) mock Nuh and he is told no more people will follow him
Nuh Prays for the Disbeliever's End as they will cause corruption on Earth
Nuh Builds the Ark under Allah's guidance
The Flood begins as the 'oven gushes water' and the rain starts
Nuh collects pairs of hte animals and his followers
The Number of Believers of Nuh are few (less than 80)

Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Ijtihad 2 Reasons for differences of opinion among the Scholars (Mujtahideen)
The word Madhab means “school of Fiqh" and differences are due to:
Differences in the legislative sources
- Criteria in evaluating the Sunnah: whether Hadith are authentic or weak
- Differences in the Sahabah’s opinions as individuals
- Differences in the practice of Qiyas or Istihsan
- Differences in Ijma’ (Consensus of the Companions) like Ijma’ Ahlel Madinah (People of Madinah), Ijma’ Al-Mujtahideen
- Differences in other Legislative Sources as some Scholars used Maslahah Mursalah and other non-definitive principles
Differences in Interpreting the Text itself
- Literalists (Prophet* listening to music with fingers in his ears)
- Those who saw deeper meanings in the text
Differences in Methodology of Usul al-Fiqh
Differences in Understanding the Arabic Language
Hadith of Banu Quraydah and not praying Asr until they reached there
Differences is not a weakness but a blessing
Whose Responsibility - everyone takes responsibility for their actions and should not blame scholars - especially of they seek 'easy' fatwas from dodgy DIY scholars.

Life of Prophet Nuh
The Disbelievers Remain Ignorant
The rulers were tired of Noah's arguments. Allah the Exalted related their attitude: They said: "O Noah! You have disputed with us and much have you prolonged the dispute with us, now bring upon us what you threaten us with, if you are of the truthful." He said: "Only Allah will bring it (the punishment)on you, if He will, and then you will escape not. And my advice will not profit you, even if I wish to give you counsel, if Allah's Will is to keep you astray. He is your Lord! And to Him you shall return." (TMQ 11:32-34)
The battle continued; the arguments between the disbelievers and Noah became prolonged. When all the refutations of the disbelievers collapsed and they had no more to say, they began to be rude and insulted Allah's prophet: “The leaders of his people said: "Verily, we see you in plain error." (TMQ 7:60)
Noah responded in the manner of the prophets: "O my people! There is no error in me, but I am a Messenger from the Lord of the Alamin (mankind, jinn and all that exists)! I convey unto you the Messages of my Lord and give sincere advice to you. And I know from Allah what you know not." (TMQ 7:61-62)
Noah continued appealing to his people to believe in Allah hour after hour, day after day year after year. He admonished his people and called them to Allah day and night, in secret and openly. He gave them examples, explained Allah's signs and illustrated Allah's ability in the formation of His creatures. But whenever he called them to Allah, they ran away from him. Whenever he urged them to ask Allah to forgive them, they put their fingers in their ears and became too proud to listen to the truth.

Noah's Appeal to His People
Allah the Almighty related what Noah faced: "Verily, We sent Noah to his people saying: "Warn your people before there comes to them a painful torment." He said: "O my people! Verily, I am a plain Warner to you, that you should worship Allah alone, be dutiful to Him and obey me, He (Allah) will forgive you of your sins and respite you to an appointed term. Verily, the term of Allah when it comes, cannot be delayed, if you but knew."
He said: "O my Lord! Verily, I have called my people night and day (secretly and openly to accept the doctrine of Islamic Monotheism), but all my calling added nothing but to their flight from the truth. Verily! Everytime I called unto them that You might forgive them, they thrust their fingers into their ears, covered themselves up with their garments, and persisted (in their refusal), and magnified themselves in pride. Then verily, I called to them openly (aloud); then verily, I proclaimed to them in public, and I have appealed to them in private, I said to them: 'Ask forgiveness from your Lord, Verily, He is Oft Forgiving; He will send rain to you in abundance, and give you increase in wealth and children, and bestow on you gardens and bestow on you rivers." What is the matter with you, that you fear not Allah (His Punishment), and you hope not for reward from Allah or you believe not in His Oneness. While He has created you in different stages. (TMQ 23:13-14)
See you not how Allah has created the seven heavens one above another, and has made the moon a light therein and made the sun a lamp? And Allah has brought you forth from the dust of earth. Afterwards He will return you into it (the earth), and bring you forth (again on the Day of Resurrection) Allah has made for you the earth wide spread (an expanse) that you may go about therein broad roads.
Noah said: "My Lord! They have disobeyed me, and followed one whose wealth and children give him no increase but only loss. They have plotted a mighty plot. They have said: 'you shall not leave your gods, nor shall you leave wadd, nor Suwa, nor Yaghuth, nor ya'uq nor Nasr (names of the idols). Indeed they have led many astray. O Allah! Grant no increase to the Zalimeen (polytheists, wrongdoers, and disbelievers etc) save error." Because of their sins they were drowned, then were made to enter the Fire and they found none to help them instead of Allah. (TMQ 71:1-25).
 
The Length of Noah's Preaching
Noah continued to call his people to believe in Allah for nine hundred fifty years. Allah the Almighty said: Indeed We sent Noah to his people and he stayed among them a thousand years less fifty years (inviting them to believe in the Oneness of Allah (Monotheism) and discard the false gods and other deities). (TMQ 29:14)
It happened that every passing generation admonished the succeeding one not to believe Noah and to wage war against him. The father used to teach his child about the matter that was between himself and Noah and counsel him to reject his call when he reached adulthood. Their natural disposition rejected believing and following the truth. Noah saw that the number of believers was not increasing, while that of the disbelievers was. He was sad for his people, but he never reached the point of despair.
 
Noah Prays for the Disbeliever's End
There came a day when Allah revealed to Noah that no others would believe. Allah inspired him not to grieve for them at which point Noah prayed that the disbelievers be destroyed. He said: "My Lord! Leave not one of the disbelievers on the earth. If you leave them, they will mislead Your slaves and they will beget none but wicked disbelievers." (TMQ 71:27)
Allah accepted Noah's prayer. The case was closed, and He passed His judgment on the disbelievers in the form of a flood. Allah the Exalted ordered His worshipper Noah to build an ark with His knowledge and instructions and with the help of angels. Almighty Allah commanded: "And construct the ship under Our Eyes and with Our Inspiration and address Me not on behalf of those who did wrong; they are surely to be drowned." (TMQ 11:37)
 
Noah Builds the Ark
Noah chose a place outside the city, far from the sea. HE collected wood and tools and began to day and night to build the ark. The people's mockery continued: "O Noah! Does carpentry appeal to you more than prophethood? Why are you building an ark so far from the sea? Are you going to drag it to the water or is the wind going to carry it for you?" Noah replied: "You will come to know who will be put to shame and suffer." Allah the Almighty narrated: "As he was constructing the ship, whenever the chiefs of his people passed by him, they made a mockery of him. He said : "If you mock at us, so do we mock at you likewise for your mocking. And you will know who it is on whom will come a torment that will cover him with disgrace and on whom will fall a lasting torment." (TMQ 11:38-39)
 
The Flood begins
The ship was constructed, and Noah sat waiting Allah's command. Allah revealed to him that when water miraculously gushed forth from the oven at Noah's house, that would be the sign of the start of the flood, and the sign for Noah to act. The terrible day arrived when the oven at Noah's house overflowed. Noah hurried to open the ark and summon the believers. He also took with him a pair, male and female, of every type of animal, bird and insect. Seeing him taking these creatures to the ark, the people laughed loudly: "Noah must have gone out of his head! What is he going to do with the animals?" Almighty Allah narrated: “So it was till then there came Our Command and the oven gushed forth (water like fountains from the earth). We said: "Embark therein, of each kind two (male and female), and your family, except him against whom the Word has already gone forth, and those who believe." And none believed him except a few. “ (TMQ 11:40)
 
The Number of Believers
Noah's wife was not a believer with him so she did not join him; neither did one of Noah's sons, who was secretly a disbeliever but had pretended faith in front of Noah. Likewise most of the people were disbelievers and did not go on board. The scholars hold different opinions on the number of those who were with Noah on the ship. Ibn Abbas stated that there were 80 believers while Ka ab al Ahbar held that there were 72 believers. Others claimed that there were 10 believers with Noah.

Main Topic: Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Ijtihad 2: Reasons for differences of opinion among the Scholars (Mujtahideen)
The word Madhab means “school of Fiqh”. The following are some of the reasons for the existence of Madhahib (schools of Fiqh).

Differences in the legislative sources
A. Criteria in evaluating the Sunnah:
One Mujtahid may consider a certain Hadith authentic while others may not. This is due to their differences in the criteria for judging the authenticity of the Hadith.
Example: The Hadith narrated by Amr b. Shuaib which mentions: “A woman came to the Prophet* along with her child with two gold bracelets in her hand. He* said: Do you give the Zakat upon these?’ She said: No.’ He* said: Would you like that Allah makes them into bracelets of Fire?’”
Some scholars consider this to be an authentic Hadith, while others consider it a weak Hadith due to the weakness in the Isnad. The scholars who said that there is no Zakah on jewellery are Aisha bint Abu Bakr Imam Jabir, Ibn Umar, Imam Malik, Imam Ahmad and Imam Shafi’i. Furthermore, one Mujtahid may know of a Hadith while another may not. It is due to this reason that the Mujtahideen used to say to their students, if you find a Hadith after you leave me, and it contradicts what I have told you, throw away my understanding and follow the Hadith.
Example: It is not permitted for a woman while she is menstruating to perform Tawaaf (circling around the Ka’aba). Based on this, Umar used to forbid women from completing the Hajj even if the menstruating started after leaving Arafat, which is the most important part of the Hajj. When he was informed that the Prophet* used to allow women to continue performing Hajj under similar situations, Umar subsequently lifted the ban, and allowed the woman to complete her Hajj.
B. Differences in the Sahabah’s opinions as individuals
Some scholars accepted the opinion of one Sahabi as a legislative source, while others treated the Sahabah as Mujtahids whose individual opinions were not legally binding.
C. Differences in the practice of Qiyas
Some scholars practiced Qiyas (see previous Circle) while others practiced Istihsan (see previous Circle).
D. Differences in Ijma’ (Consensus of the Companions)
Some scholars used Ijma’ as-Sahabah only, while others used Ijma’ Ahlel Madinah (People of Madinah), Ijma’ Al-Mujtahideen, and various other types of Ijma’ as well as discussed earlier.
E. Differences in other Legislative Sources
Some Scholars used Maslahah Mursalah and other non definitive principles while others did not. This contributed to more differences among the scholars.

Differences in Interpreting the Text itself
A. Literalists
Some scholars took the literal understanding of the text, meaning that they took the text at its surface value, refusing to take deeper understandings. Some of these scholars were called Zahiris, or those who took only the apparent meanings of the texts. An example is the Prophet* listening to music with fingers in his ears and walking with his Sahabae.
B. Those who saw deeper meanings in the text
In addition to the apparent meaning, some Scholars took deeper and implicit meanings in the texts.

Differences in Methodology of Usul al-Fiqh
There were differences in interpreting the forms and types of commands. For example, in the Hadith regarding the beard, there is a difference of opinion among the Scholars regarding whether the Hadith indicates Fard, Mandub or Mubah commands. For example, Ibn Taymiyya and Ibn Hazm said it is Fard. Ibn Qudamah, Shawkani, an-Nawawi and Qadi Iyad said it is recommended. Qadi Abu Bakr Ibn al-Arabi and Imam Qurtubi’s opinion was that it is only permitted.

Differences in Understanding the Arabic Language
This may be due to a different understanding of the Arabic text where it offers more than one meaning. As an example, Allah (swt) says in the Qur’an, in translation: “The divorced woman should wait for a period of three Quru” (TMQ Al-Baqarah: 228) Quru’ linguistically could mean the beginning of the menstruation period, and it could also mean the beginning of the purity period. The difference between these three Quru’s from the beginning of menstruation and three Quru’s from the beginning of the purity period is about 7 to 15 days. Some scholars say Quru’ means the purity period because of a Hadith in which the Prophet* instructed a woman to wait for the purity period. Other Scholars say that this Hadith is not authentic considered the Qur’an to mean the beginning of menstruation.
Besides all of this, one has to remember that the level of understanding of the text and the depth of thinking varies from one individual to another. These differences are a natural aspect of Allah’s creation and a mercy from Him (swt). It is for these reasons that we have different scholars forming different Schools of Fiqh. Some of these scholars had students who wrote their understanding of the text and these writings were considered as their Madhahib. These include Abu Hanifah, Malik, Shafi’i, Ibn Hanbal, Jafar, and Zayd. Other scholars did not have the opportunity of having students write their understanding of the text, and these include Al-Awza'i, al-Hasan al-Basri, Sufyan al-Thawri, Ibn Jarir al-Tabari, Laith and others.
These examples illustrate that there have always been differences of opinion. The Sahabah, Tabi’een and Tab’e Tabi’een bear witness to this fact. The Mujtahidun Mutlaq differed in their methodology, which led to the birth of different schools of Fiqh. Although the Mujtahideen were most convinced by the Ijtihad they performed, they nevertheless recognised the possibility that they could be wrong. Accordingly, the Mujtahideen have stated that whatever is correct in their work is from Allah (swt) and the errors are from themselves.
However, just because a Mujtahid is wrong, it does not mean that he should be barred from exercising Ijtihad. On the contrary, the Messenger of Allah* said, Amr b. al-Aas and Abu Hurayrah narrated that the Messenger* said: “If a judge passes judgment and makes Ijtihad and he is right then he will have two rewards. And if he makes a mistake he will have one.” (Bukhari & Muslim)
There is also a severe punishment for those who do Ijtihad without being qualified to do so, even if they are right. Allah (swt) says: “pursue not that about which you have no knowledge; for surely the hearing, the sight, the heart, all of those will be called to account (on the Day of Judgment)” (TMQ al-Isra: 36)
One should not consider another opinion as being un-Islamic simply because it is different from the opinion that he has adopted. Instead, respect must be given to other opinion on the one condition that they are based on Islamic evidences. There is no need to respect opinions, which are not based upon a Daleel because there is no place in Islam for these opinions.
Therefore, it is necessary for every scholar to produce his Daleel in support of an opinion. This is to instil confidence in Muslims that his opinion is Islamic. Opinions given without evidence are baseless and should be rejected. This view towards other Islamic opinions will ensure the correct Islamic attitude. However, this measure alone will not provide the total answer to the problems we face today, especially to the problems of unifying Muslims on certain key issues. There will be many different opinions as to what the Hukm Shar’i is. In many instances this will not be a problem. However, one can imagine where it is necessary for the Ummah to be united under one opinion; e.g. sighting the moon for the beginning of Ramadhan, electing the Khaleefah, etc.
Ijma’ as-Sahabah has established that the Khaleefah has the authority to adopt certain rules and to enact them. The Shar’i principles state:  “The Imam’s decree settles the disagreement” and “The Imam’s decree is executed openly and privately.”
All Muslims including the Mujtahideen have to follow the opinion adopted by the Khaleefah, but they can maintain their opinion and teach it, while their obedience should be to the opinion that the Khaleefah adopts. An example of this is the adoption of an opinion in the distribution of funds by Abu Bakr and Umar. When Abu Bakr was the Khaleefah, he paid equal grants to all of the Sahabah. He did not distinguish between the early Muslims and the new Muslims. When the Islamic State started receiving larger funds through the liberation of various lands, Abu Bakr continues to distribute the wealth equally. Umar and some of the Sahabah insisted that the earliest Muslims should be given preference over the later converts. Abu Bakr told him that he was aware of the differences that Umar had mentioned; however, his opinion was that distributing the funds equally was better in the sight of Allah (swt) than the principle of preference. When Umar became Khaleefah, he replaced Abu Bakr’s adoption of equality with his principle of preference. Umar did not like to pay the same amount to those who fought against the Prophet* and those who fought with him. Accordingly, he gave a larger amount to the early Sahabah who fought in Badr and Uhud and the relatives of the Prophet*. Thus, when Abu Bakr was the Khaleefah, Umar left his understanding and enacted the decree of Abu Bakr, as did the judges, governors, and all Muslims. However, when Umar became the Khaleefah, he obliged the enactment of his opinion and the others implemented it.
Different opinions should not be viewed as a weakness or a source of disunity. As we have seen, Muslims have had varying opinions in many issues since the time of the Messenger of Allah*, as is mentioned in the Hadith of Banu Quraydhah. As long as the opinion is based on Islamic evidence, and this opinion does not contradict an assured law, it should be respected as an Islamic opinion.
Finally, the way to achieve Islamic unity is not by suppressing different opinions and calling for the abandonment of Madhahib. Rather, it is achieved by Muslims living under the ideological leadership of Islam where the Khilafah makes the decision of which opinion to adopt in key issues.

Why do differences exist?
Difference in opinion exists because the Shari'ah rule, which represents the address of the Legislator related to the actions of the servants, have come in the Qur'an and the Hadith, and many of these carry several meanings according to the Arabic language and according to Shari'ah. Hence, it is natural and inevitable for people to differ in their understanding and for this difference in understanding to reach the level of disparity and contradiction in the intended meaning. Thus, it is inevitable for different and contradictory understandings to be reached. These could be a host of different and contradictory understandings in the one matter.
Bukhari extracted on the authority of Nafi', on that of Ibn Umar who said: "The Messenger of Allah *said on the day of Al-Ahzab (the battle of the Ditch): "None of you should pray Asr except in Bani Quraytha." The time of Asr entered while some were still on the way; so some said: "We should not pray until we reach Bani Quraytha." Others said: "No, we should pray because the instruction does not mean this." This was mentioned to the Messenger of Allah *and he did not rebuke any of them." When the Messenger of Allah *said: "None of you should pray Asr except in Bani Quraytha.", some understood that he was urging haste and they prayed in the way, while others understood that he *had literally ordered them to pray Asr in Bani Quraytha, thus they delayed Asr until they reached their destination. When the Messenger of Allah *heard of this, he approved of both camps' actions.
There are many verses and Ahadith similar to this. The difference of opinion in the one matter makes it incumbent upon the Muslims to adopt one opinion from among these various opinions, for all of them are Shari'ah rules, and the rule of Allah in the one single matter does not multiply. Therefore, it is imperative to determine one single rule and adopt it. Hence, the Muslim's adoption of one specific Shari'ah rule is necessary and inevitable when he undertakes the action, for the undertaking of the action obligates the Muslim to accomplish it according to the Shari'ah rule, whether this were a Fardh (obligatory), or Mandub (recommended), or Haram (forbidden), or Makruh (despised), or Mubah (permitted), and this makes it incumbent upon the Muslims to adopt a specific Shari'ah rule when taking the rules to act upon them, whether he were a Mujtahid or a Muqallid or otherwise.

Where adoption is necessary to settle the difference of opinion
The Khalifah (or Amir) adopts a host of specific Shari'ah rules, which he will enact as a constitution and as laws. If he adopts a Shari'ah rule, this rule alone becomes the Shari'ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.
The evidence of this article is derived from the Ijma'a (General Consensus) of the Sahaba. The Ijma'a of the Sahaba has been established in stipulating that the Khalifah reserves the right to adopt specific Shari'ah rules. It has also been established that it is obligatory to act upon the rules adopted by the Khalifah. A Muslim is forbidden from acting upon other than what the Khalifah has adopted in terms of Shari'ah rules even if these rules were Shari'ah rules adopted by a Mujtahid. This is so because the rule of Allah that becomes duly binding upon all the Muslims is that which the Khalifah adopts. The rightly guided Khulafa' proceeded in this manner. They adopted a host of specific rules and ordered their implementation; thus, the Muslims, with the Sahaba amongst them, used to act upon these rules and abandon their own Ijtihad. For instance, Abu Bakr adopted in the matter of divorce a rule stipulating that the triple divorce would be considered as one divorce if it were pronounced in one go. He also adopted in the matter of distributing the wealth upon the Muslims a rule stipulating that wealth should be distributed equally amongst the Muslims, regardless of seniority in Islam or anything else. The Muslims followed him in this while the judges and the Walis implemented the rules which he had adopted.

Whose Responsibility?
The scholar (Mujtahid) exerts his sincere effort in what he thinks is the best way to please Allah on any given issue. If done sincerely, this forma a valid opinion if the scholar has an open mind when referring the question to the Qur’an, Sunnah and then Ijma & Qiyas for the most correct answer. If a scholar already has an opinion that he wants to justify from Islam – that is wrong and may not be accepted by Allah. The two parties of Banu Quraizah genuinely thought their opinion was the most pleasing to Allah and there is no blame in that even if one was wrong (or wider of the mark).
However, today people want to do things and go shopping for a fatwa (religious ruling) to allow them or give them justification to do certain things and would prefer to blame the scholar. These scholars will take some blame , but the individual will also take their own blame if they follow their desires in choosing the easiest or most convenient opinion (rather than the strongest opinion). Don’t play with legal opinions as these will be judged on the Day of Judgement for or against you – as individuals carry out their own actions! Are you sure, to the best of your ability, that what you are doing is the best way to please Allah on any given issue?

Homework
Prophets ~ How did the boat / ark survive
Main Topic ~ Bring your questions about Usul al-Fiqh