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Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

10.1 Reason for Differences of Opinion among the Mujtahideen

There exist legitimate differences amongst Mujtahideen. Trying to eliminate the possibilities of having more than one understanding goes against the nature of Islam, and the nature of human beings, which Allah (swt) created.

Those calling for this single Madhab are in fact adding a new Madhab to the already existing ones. This is due to the fact that a person might disagree with this new Madhab, for valid reasons, and would finally adhere to his understanding. It should be understood that sovereignty belongs to the Islamic legislative sources, which came from the Wahy (revelation). If everyone keeps this idea in mind and is ready to abandon his own opinion in order to adopt an opinion based on the Daleel, the problems would be eliminated.

If we study the numerous examples during the era of the Sahabah (ra) we can find that in the days of Abu Bakr (ra), there were differences among the Sahabah (ra). However, none of them postponed working for the Khilafah until all opinions were melted into one single opinion. Actually they realised that, what was needed more than anything else, even more than the immediate burial of the Prophet (saw), was to elect a Khaleefah who would take care of their affairs by implementing all of Islam. Thus establishing an environment in which the society would be able to cope with any issue that it is faced with.

Similarly, what is needed presently is this same authority, which establishes and implements Islam. However, as long as the Ummah is preoccupied with calls such as working to unite under one new Madhab, which is a call to keep and prolong the rule of Taghoot (evil), the Ummah will continue to be disunited, misdirected, with its problems continuously multiplying. With no mechanism to solve its problem, the Ummah will continue to be manipulated by those who rule over it with the rules of Kufr.

Reference: Understanding Usul Al-Fiqh - Abu Tariq Hilal - Abu Ismael al-Beirawi

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