Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Now-a-days a program name Aalim-Online is broadcasting from Geo,in which two Ulemas are coming for answering the question raised by the caller. I amzingly surprized after seeing the today`s program, that there were always two answer from one question accordiance to Fiqah Hanfia and the Jafaria like:-

Q) Can a women perform Haj without Mahram.

A) Hanafi says YES while othe says NO

Q) Can we pay the Zakat for construction purpose of Religious Building?

A) Hanafi says NO & NEVER while other says YES.

What should I do can I change my Fiqah?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Madhab two opinions from scholars

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

My beloved and dear Brother in Islam, you are absolutely right that when one hears two opinions from two different scholars on any matter, one will obviously get surprised and confused!

The scholars of Jurisprudence or ‘Islamic Fiqh’ have based their opinion according to their understanding of the Quran and Sunnah; and when two scholars give two different opinions without clarifying or declaring the particular Aayah or Hadith; it indeed may give rise to confusion and misunderstanding.

We, as believers, must realize and understand that our duty is not to follow an opinion because it has originated by a Hanafi school of thought or because it has originated from a Jaffariyah school of thought, etc. Our duty as believers is to follow the Quran and Sunnah, period; and accept whichever opinion in our knowledge, is closest to the guidance of the Quran and Sunnah.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 59: O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: that is best and most suitable for final determination.

My dear and beloved brother, the guidance of Allah and His Messenger (saws) in the way of life called ‘Al-Islam’ is absolutely vast as it comprehends every single aspect on one’s life. The Quran itself was revealed over a period of 23 years, and the Messenger of Allah (saws) implemented and taught the Quran to the believers and thus established his (saws) Sunnah over the same period.

One must appreciate and understand that it is the beauty and the vastness of the deen, that in the matters of Jurisprudence or Fiqh, there are situations where more than one way may be legal and permissible for the Messenger of Allah (saws) over the period of 23 years may have done an act or deed in more than one way; thus allowing the vastness in the deen.

Let me quote you two very very simple examples to explain:

The guidance of the Messenger of Allah (saws) to the believers when urinating is to sit down and relieve oneself; but there are authentically recorded hadiths where it states that the Messenger of Allah (saws) urinated standing! Now if one tries to analyze these two hadiths without looking at the situation and conditions, it may seem contradictory to each other.

Similarly, the Messenger of Allah (saws) guided the believers to pray the five prayers at their five different appointed times; but there are several authentic hadiths where the Messenger of Allah (saws) combined the dhuhr and asr prayers, and the magrib and isha prayers! Again, if one tries to analyze these two hadiths without studying the situation and conditions, one may conclude that they are contradictory to each other!

Thus, when a scholar of a school of thought gives his opinion and bases his opinion on one of the hadiths without clarifying the other; and the other gives his opinion on the second hadith without clarifying the first; it would obviously give rise to a confusion; whereas there is a possibility that both might be right in following the Sunnah of the Messenger of Allah (saws).

Thus, rather than getting involved in separation and confusion because of the names of the scholars or the schools of thought they wish to propagate, it is our duty as true believers in Allah and the Last Day, to study each opinion given by the scholar, and judge which opinion is closest to the guidance of Allah and His Messenger (saws).

Allah Says in the Holy Quran Chapter 21 Surah Anbiyaa verses 78-79:

78 And remember (Prophets) Dawood and Sulaimaan, when they gave judgment in the matter of the field into which the sheep of certain people had strayed by night: We did witness their judgment.

79 To Sulaimaan We inspired the (right) understanding of the matter: to each (of them) We gave Judgment and Knowledge;

If one sees and studies the above Aayahs of Surah Anbiyaa, one will realize that even Prophets of the stature of Prophet Dawood (a.s.) and Prophet Sulaimaan (a.s.) differed on a matter; and Allah Subhanah declares that He inspired Prophet Sulaimaan (a.s.) to the right understanding of the matter! It is not to say that Prophet Dawood (a.s.) was wrong in his judgment, but just that Prophet Sulaimaan’s (a.s.) judgment was better than Prophet Dawood’s (a.s.), although both could have been legal, permissible and correct, for Allah Declares that to both of them He bestowed Judgment and Knowledge.

Thus, my beloved brother, one should appreciate the vastness and beauty of the deen of Islam, and not allow the Shaytaan to bring about confusion and dissension in the deen and its unity, simply because one scholar has a different opinion from the other, because it may be that in his understanding and knowledge he has given more weight to one Aayah or one Hadith over the other.

Q) Can a women perform Haj without Mahram.

Q) Can we pay the Zakat for construction purpose of Religious Building?

We are not sure whether you want us to address these two questions of Jurisprudence where there is indeed a difference of opinion amongst the scholars. If you want us to clarify these issues and give you the opinions of the various scholars and why they think it is permissible or impermissible, we would be honored to do so. We would give you the various opinions, including the one we think in our humble knowledge is closest to the Quran and Sunnah; and then you would be required to use your best judgment according to your knowledge of the Quran and Sunnah and accept one amongst the opinions which in your opinion is closest to the guidance of Allah and His Messenger (saws).

And because your intention and mission is to follow the Quran and Sunnah, it is expected that the Merciful Lord will accept your striving and your efforts in searching and following the Truth to the best of your ability.

Thus my dear and beloved brother, we as believers in Allah and the Last Day, should not be party to the people who are ever ready to break or shake the Unity of the Ummah because of their small differences in the matters of Jurisprudence; but rather we should be of those who respect and appreciate the works and opinions of all the great scholars of Islam, and choose the opinion which we think is closest to the guidance of the Quran and the Sunnah; if indeed our mission is to follow Allah and His Messenger (saws).

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), he can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), he can be assured of being led astray.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan