Joined: Sep 2002
In the Name of Allaah, the Most Merciful, the Ever-Merciful... |
We might often hear on the tongues of those who say "Ikhtilaaf (differing) is a mercy" the following Arabic phrase, as if it is an Islaamic principle:
ııııı ıııııııııı ııııııı
"Every mujtahid (scholar) is correct (in his ijtihaad)"
(kullu mujtahid museeb)
A reasonable person thinks about this and says, "Hmm... One person says that intoxicants made from dates (date-wine) are halaal, and another says: haraam..." They are both correct?!
Can date-wine be both halaal and haraam?
Logically, this is impossible.
However, we hear this claim as a kind of a back-door exit for a bad fiqh argument.
THE REALITY OF THIS CLAIM ("Every Mujtahid is correct")
About this so-called principle, "kullu mujtahid museeb", Aboo Is-haaq al-Isfaraayeenee (d.418H) said:
ııııı ııı ıı ııııı ıııı ıııı ıııııı ııııı ııııı
"The claim that every mujtahid is correct - the first of it is foolish nonsense, and the last of it is zandaqah (severe heresy)."
[Siyar A'laam an-Nubalaa, 17/355]
"The first of it" meaning: at first glance
"The last of it" meaning after close inspection
It is foolishness at first glance, as is obvious. But how is it zandaqah?
It is severe devience since it leads to people choosing whatever they like in a matter of differing, as opposed to following the strongest argument backed by evidence. This eventually nullifies the whole idea of individual accountability, since everyone just does what they want and claims that every mujtahid is correct. It also leads to an impossibility that the fitrah rejects: that two opposites can coincide, meaning: a thing can be both permissible and impermissible.
We ask Allaah to guide our hearts and intellects to the Haqq in affairs that the people differ over.
And Allaah knows best.