The English translation of the book ?Al-Khilaafu Baynal ?Ulamaa Asbaabuhoo wa Mawqifunaa Minhoo? (Differences of Opinions Amongst the Scholars: Their Causes & Our Position Towards Them) by the Noble Shaykh Muhammad ibn Saalih Al-Uthaymeen (rahimahullaah) touches on this topic.
The Shaykh mentions seven (7) root causes of differing and I will briefly highlight them here:
quote:
1. The relevant evidence was not known to the scholar who erred in his judgment. (page 18) 2. The relevant hadeeth is known to the scholar, but he does not have any confidence in it?s narrator and regards it to be in contradiction to a stronger evidence, so he holds on to that which he believes is stronger. (page 21) 3. The hadeeth was known to the scholar but he did not recollect it. (page 23) 4. The scholar is aware of the evidence but understands it incorrectly. (page 26) 5. The scholar is aware of the hadeeth but it is in actual fact abrogated. (page 31) 6. The scholar believes that the particular evidence in question conflicts with either a stronger text or a consensus of the scholars. (page 32) 7. The scholar gives a ruling on the basis of a weak hadeeth, or his argumentation and deduction is poor. (page 36)
Furthermore, the Shaykh says:
quote:
?it is compulsory upon the one who is aware of the evidence to follow it, even if it goes against whomsoever of the scholars, so long as it does not go against a consensus of the ummah.? (page 40)
Interestingly enough, in footnote #54 on page 40, the translator mentions that Shaykul-Islaam Ibn Taymiyyah (rahimahullaah) cites ten (10) causes of differing. If someone else wants to expand upon that, it would be beneficial.
______________________________ ام الحارث شهيدة Ummul-Haarith Shahidah
Jilbaab
29-12-2004 @ 11:39 PM
