Sheikh Ghassan Al-Gain, a prominent Islamic researcher, said that differences of opinion among sheikhs on peripheral issues within fiqh do not reflect disunity or indicate contradictions within faith.
To support his comment, Sheikh Al-Gain cited a hadith in which the Prophet Muhammad (peace be upon him) asked his companions to leave Madinah and offer Asr prayers at an area called Bani Huradah. Some of the companions interpreted the request as an order to rush to the said place before the end of Asr time and to offer prayers there.
Others interpreted the statement as an order to only perform prayers at the said place and not to pray anywhere else, even if the time for Asr had expired.
“The first group prayed on the way because that was when Asr prayer time began and they feared the time would end before reaching their destination. The other group delayed their prayers until they reached the location, even though Asr time had expired and Maghrib time had set in,” said the sheikh.
“The Prophet (peace be upon him) allowed both views… this points out that there is room in differing in opinion and understanding the Prophet’s orders. The difference in opinion did not amount to any conflict between the two groups,” he said.
“Differences are universal,” he said. “People live in different environments and are of different shapes, sizes, and colors. They speak different languages and act in different ways,” he said.
Stressing the difference between an academic difference of opinion and opposition, he said, “There are two types of conflicts: To be different or to oppose the other. What is requested from scholars is to be open to difference of opinions so that their differences can become a source of mercy.”
He added that differences in opinion existed in the time of the Prophet (peace be upon him), among his companions and the two generations that followed. “These were the generations described as the best in the Islamic era… Permitted differences exist and are consistent. They are a sign of mercy, openness and reflect space in Islam,” he added.
Sheikh Al-Gain added that the different views within religious edicts are there to make the religion easy and simple, and to relieve the Umma from being burdened.
“Fatwa’s change due to a change of situations, times, geographical places, habits and cultures,” he said, adding that the Shariah is apt for each time and place.
“This character gives it the capability of providing solutions to all problems. It is vital for a scholar issuing fatwas to be qualified to pass judgment — a process that has been defined in fiqh books. It is prohibited for a person who is unqualified to issue a fatwa,” he said.
“The process is organized and not open for the unqualified in most Islamic countries,” he added.
