THE DIFFERENCE IN ISLAMIC LAW

(Alaikhtilaf Fi Alshryet Al'iislamia)

Search written by Sheikh in 1392 AH -1972 AD and published in the Journal of the Faculty of Islamic Studies in number IV 1972, then printed Bkras separately, also with a research group published another book under the name of "research group of  jurisprudence  ."

Preface

1)   Sheikh al-Islam Ibn Taymiyyah, may God Almighty have mercy on him, said: (And God Almighty ordered us to meet and form and forbade us to separate and disagree). What Ibn Taymiyyah, may God Almighty have mercy on him, said is true. Our Lord, Blessed and Exalted be He, said: (And hold fast to the ropes of God all together, and do not be divided). And His Majesty said: (And do not be like those who were separated and diverged from after what evidences came to them). And in Jami 'al-Tirmidhi from a hadith on the authority of the Prophet (... the hand of God is the hand of the congregation, and whoever strives toward the Fire) These texts and their proverbs in the Noble Qur’an and the purified Sunnah of the Prophet meet in one thing: the command for unity and alliance, and forbidding division and disagreement.

Meaning of difference and disagreement

2) The   disagreement in the language means not agreeing on something, that each one takes a path other than that of others in his situation, his words or his opinion. It also means unequal, for everything that is not equal has disagreed and disagreed and the disagreement is the opposite, and it was contradicted by contradiction and disagreement. Every two opposites are different.

3)   Difference in the idiomatic sense of the jurists means difference in opinions, bees, religions and beliefs in terms of what a person is happy with or is miserable in the hereafter and the world.

4) The   disagreement means what is meant by the difference in the uses of the jurists, but Imam al-Shatibi, may God Almighty have mercy on him, in his approval went that the disagreement is what was issued by the misleading whims and not from investigating the intent of the street by following the legal evidence, and that is why it is not considered because it is based on whims and desires. It is correct in Islamic law. As for the difference, it is the opinions issued by the mujtahids on issues of ijtihad in which there is no definitive text on them, or as it says it is in matters that fall between two clear parties that contradict in the eyes of the mujtahids due to the concealment of some evidence and lack of access to it.

5)   In fact, this distinction between disagreement and difference, which Imam Al-Shatibi, may God Almighty have mercy on him, said, is purely a term from which we do not see evidence, and the jurists use disagreement and difference in one meaning, which is: what the jurists do not agree upon in matters of ijtihad regardless of the correctness Or the error or perversion of opinion that is said, one of these uses is the saying of Imam Ibn Taymiyyah (which is stronger than many of the criteria with which many of those who engage in doctrines and disagree over the principles of jurisprudence favor).

And his saying, may God Almighty have mercy on him also (and there is no dispute among the scholars that it is not obligatory for her ...) and in the introduction to Ibn Khaldun (Know that this jurisprudence derived from the legal evidence, there is a lot in it that the disagreement between the mujtahids differs according to their perceptions and their views, a disagreement that must happen to what we have presented ..) and it is clear From the words of Ibn Taymiyyah and Ibn Khaldun that what is meant by the word disagreement is the opinions issued by the jurists regardless of their value, correctness or error, and this is the meaning of the difference.

What is learned from the prohibition on difference

6)   And if Islam enjoins meeting and coming together and forbids separation and disagreement, then this prohibition and that matter indicate, among other things, including:

  First  : The difference is something that can happen among people, because if it was impossible to happen, the Islamic Sharia would not forbid it, and he would not have asked those responsible to leave it and not fall into it, because the prohibition on inflicting the impossible is an absurdity that the wise street would excuse him.

  Second  : If the disagreement is something that can occur and be issued by humans, then it can also be prevented, and it is possible to collect against it, which is the agreement, because of what is known from the principles of Islamic law: there is no assignment except with quantities, or no assignment is impossible.

  Third  : If the disagreement is forbidden in Islamic law, then it is, then, blameworthy because the basic principle is that the slander follows the prohibition or is associated with it except that which is exempt.

  Fourth  : If the disagreement is forbidden and blameworthy, then whoever falls into it or worsens it, he will be responsible and entitled to a penalty, as is the legal rule in committing forbidden forbidden actions.

Question

7)   And if the difference, as we said, can occur, can be signed, that it is forbidden and blameworthy, and its owner is punished, then we wonder here about the extent of the possibility of the difference between human beings, meaning whether its occurrence is rare or frequent, or reaches the degree of inevitability and imperative? Are Muslims exempt from falling among themselves, or not? Then is the difference one type or types? Is the defamation attached to all these types - if these types exist - or is it limited to some of them? Then what are the reasons for the dispute? How can it be prevented? Does the penalty affect all the different? In addition to other questions that come to mind in this topic and many sub-questions related to each question.

The truth is that this topic is very broad and cannot be comprehended in a simple research or article in a magazine, and with this capacity, I preferred to write here something about it, leaving the details and keenness to brief the topic to other opportunities, God Almighty willing.

First: the difference

Human nature

8)   Human beings are so different in their shapes, images, and colors that it is impossible to find two completely identical in everything related to their bodies and shapes. In fact, this difference is one of the greatest verses indicating the great power of our Lord, the Blessed and Exalted be He, and the Holy Qur’an referred to this difference and pointed out its significance. The difference of human beings does not stop at the limit of image and form, but goes beyond it to what is further and more dangerous: to their talents, readiness, inclinations, attitudes, minds, intelligence, perceptions, natures, instincts, and other dangerous matters that make up the inner reality of man. The difference of people in this field is very wide, and it is difficult or impossible to control and grasp it.Rather, the individual himself cannot surround himself with the depths of himself, the tendencies that it entailed, and the anxieties, trends, emotions, fluctuations and reasons for contentment, discontent, love, hate, feet, volumes ... etc. And for a matter he used to say a lot in his supplication (O mold of hearts, fix my heart on faith). Or as he said, may blessings and peace be upon him. I do not exaggerate here if I say that if a person wants to describe himself and show his incomes, he is unable to do so. These enormous differences are also among the greatest indications of divine power.

9)   As a result of these differences between human beings, they differ in opinions, perceptions and beliefs, the ease of seeing the truth, realizing it, being attracted to it or turning away from it, loving it or resenting it, and living for it or living on it, to the point that some souls reach the degree of blindness applied in the field of The vision of the truth denies the Great Creator, the Most Majestic. Indeed, some souls, while insisting on denying the Great Creator, are content with worshiping others, such as cattle, stone, trees, or people, and this indicates the extent to which the nature of mankind has a frightening ability and readiness to descend into delusion, ignorance and stupidity, and it is evident that this difference in opinions and perceptions Beliefs among human beings are followed by dispersion, happiness and misery in this world and the hereafter.

Difference is a must

10)  And this difference, which we have described, is one of the requirements for human creation and formation, and if God Almighty wills, to create human beings in a single pattern, such as copying a single image, but God Almighty did not want that, because if he did, he would not have been this person that we see, and it would have been another race, God Almighty said (And if Your Lord willed that the people be made into one nation, and they are not still different,Except for those who have mercy on your Lord, and that is why their creation) and in the interpretation of Al-Razi regarding this noble verse (and what is meant is the separation of people in religions, morals and deeds) God, may He be glorified and exalted, if He desires to create people according to one nature and the same harmony and one readiness without discrepancy between them and no difference, and at that time there is no difference between them. With regard to ideas and beliefs, but God, may He be glorified and exalted, did not want that because it is not from the nature of this human type that exists on earth, so create them according to what they are, and the consequent difference that reaches a difference in the clear truth, and only those who are spared from this disgusting difference They were realized by the mercy of God Almighty and they guided to the truth. Imam Abu Bakr Al-Ajri said: “God Almighty has informed us in his book: It is imperative that the difference between his creation be in order to mislead whom he wills and guide whomever he wills ..Then he cited the noble verse (And if your Lord had willed He would have made the people a single nation, and they would still be different).

11)  This, and it must be mentioned here, is that what we have said about the nature of human beings and the consequent necessity of difference does not mean the inevitability of difference occurring without restriction or condition, and in all times, conditions and circumstances, nor does it mean the impossibility of agreement between human beings, even for a while, nor does it mean The impossibility of an agreement between them, rather it means that what we have said about human beings differing in their natures, inclinations, and perceptions ... etc. It makes human beings sufficiently prepared for the detestable difference if its conditions and causes are created and its inhibitions are removed, so if the innateness remains intact, people will realize the truth and the reasons for the disgusting disagreement are removed from them, because God Almighty has created them based on knowing Him and realizing the truth, but this instinct can be contaminated and deviated, so you do not see the truth and fall into its owners. Concerning disgusting disagreement, its deviation is possible because man is created in a way that accepts deviation.The Almighty (said thy face upright for religion God Aftrt that mushroom people does not change God's creation is religion, but most people do not know) said ﷺ (What live only born on instinct Vobouah Ehudanh or Imjdzisanh or a Christian, as the animal produces an'aam whole Do You feel stubborn in it until you catch it.) This is similar to the human being willing to gain or lose it.

The difference between Muslims

12)   If the difference between human beings is one of the requirements of their nature, as we have shown, then does it apply to Muslims, and they differ as others differ? In fact, the Noble Qur’an warned us against disagreement and promised it, as well as the purified Sunnah of the Prophet, and despite this, the difference must occur between Muslims as the Prophet promised when he said: O Messenger of God, the Jews and the Christians? He said, Who? And it was among the Sunnahs of those who accepted the difference and separation, as stated in the noble hadith, (The Jews were separated into seventy-one sects, and the Christians were scattered into seventy-two groups, and my ummah was divided into seventy-three groups).

13)   It may be  said   here, what is the point of wisdom then in warning against disagreement and disunity if God knows that this forbidden - which is disagreement - will happen as the Messenger told us.

And the answer The disagreement that will occur does not pervade the entire nation, as the Messenger told us ﷺ (A group of my ummah will still appear on the truth, and those who disagree with them will not harm them until the Hour comes) or as he said, may peace and blessings be upon him. Rightly agreed upon, not different in it. Also, the same knowledge of what God Almighty hates - which is disagreement - and what God Almighty loves - which is meeting - and believing that what God Almighty has told us has occurred, all of this is good for the Muslim because it increases the Muslim’s certainty about the intelligence of Sharia. Moreover, this warning is one of the meanings of the message, and it is known that conveying the meanings of the message is a duty, even though God Almighty knows not to respond to these meanings or some of them by some or all of them. Moreover, responsibility and the consequences that result from it in terms of punishment do not occur until after reporting and warning. The Almighty said (And we were not punished until we sent a messenger), so it is necessary to warn against disagreement and forbidding it until the evidence is established on the people.

Second: Types of difference and the different

Types of difference

14)   We said that the difference between human beings is something that is required by their human nature and what they are turned into if its causes and circumstances are easy, and therefore it is not surprising that it occurred if it occurred, except that this difference does not mean that all its types are reprehensible, nor that all the disagreements are blameworthy, the reality is that the issue needs to be detailed This is because the extrapolation of the texts of Sharia and the conditions of the disagreeable shows that the difference is of three types:

  First  : Difference between blameworthy and its people blameworthy.

  The second  : the difference of Mamdouh and his family Mamdouhon.

  The third  : the difference between Saegh and his family are paid.

The blameworthy difference

15) These   are also types, and the ugliest of these reprehensible types is the  difference of disbelief  , whereby people are divided into a believer in God and an unbeliever in him, into a believer in God and His messages, and a disbeliever with that. In their Lord ... the verses.) Ibn Katheer mentioned in his interpretation that what is meant by the Almighty saying (These are two opponents) are the believers and the unbelievers, and he said this is what was narrated from Mujahid or Ataa and it is the choice of Ibn Jarir, and Ibn Katheer preferred it. This is the saying of the Scout, and the choice of Al-Razi, who said: (What is meant is the sect of the believers and their groups, the infidels and their groups, and that all the unbelievers are included in that) and it is clear that the unbelievers are contrary to the believers and their disagreement is reprehensible.

16)   Among the reprehensible disagreement is the disagreement of the  people of desires and heresies  who  adhere   to Islam and are called the people of fancies in relation to the desires, that is, what they themselves like and contradicts the truth with corrupt and invalid interpretations that the same believer does not accept unless it is mixed with love And among these Kharijites, where they interpreted the Qur’an according to their whims and desires, they violated the right that the Muslim community must have and separated from them and made their blood permissible. Many hadiths have been reported in defamation of the Kharijites and the payment of their evils even by fighting them, and what is inferred from these hadiths is that if a man followed his whims, he fell into the labyrinths of misguidance even if he was A lot of worship, and that is why Ibn Abbas, may God be pleased with him, said - and the Kharijites, their diligence and their prayer were mentioned to him - he said, may God be pleased with him: (They are not more diligent than the Jews and Christians while they are misguided).

As for the  people of innovation  , they are, in general, who speak about Islam that God and His Messenger did not legislate, and therefore they fall into contravention of the Sharia and the Sunnahs of Islam. Innovation in the legal terminology is what God and His Messenger did not legislate, and it is all that was not enjoined by the true Islamic law is an order that is affirmative or desirable. The Prophet or was not practiced in his time and you have what he did after him with his command, the example of which is fighting the apostates and the Kharijites, this is from his Sunnah and not outside it, and the Sunnah of the Rightly Guided Caliphs is from the religion because the Messenger ordered to follow it.

17)   Among the reprehensible difference  is what occurs between the imitators of the schools of thought  This leads them to believe that the saying of their followers is the truth and that what contradicts it is absolutely false, and then they have dangerous consequences that separate the word and disperse to reunite, such as not praying behind those who contradict them in the doctrine and perhaps bypassing the matter to quarrels and quarrels as happened in the past. There is no doubt that this kind of disagreement is absolutely blameworthy and has no face because the Islamic schools are nothing but the faces of interpreting the texts of Sharia in the Qur’an and the Sunnah and deriving rulings on their basis, and the duty of a Muslim is to follow what God revealed and his Messenger included. If the Muslim is unable to realize that for himself He accepted, but was not obliged to, to follow one of the respected Islamic schools, whose imams are known for their piety, piety, righteousness and jurisprudence. And the imitator who follows one of these schools must know that he imitates this doctrine as the assumption of righteousness and its definition of the law of God, and that this speculation is not limited to the doctrine that he chose to follow, but rather is common among the people of ijtihad and truth from the Muslim community.The imitator has no right in the first place to deny another imitator who imitates other than his doctrine or is hostile to it, and he considers what he is absolutely void, and he does not pray behind him, did he not know that the righteous predecessor, and some of them in front of him who imitated him, used to pray behind some despite their jurisprudential differences?

18)   Among the reprehensible disagreement is what lies  between the imitators and other deniers of counterfeiting The imitator may leave something that the Sunnah brought about because his doctrine did not accept it, such as raising the hands when praying when kneeling and when raising from him, then the follower of the Sunnah would deny him, so the imitator would not accept this on the pretext that his doctrine did not accept this Sunnah, so the follower of the six strengthens him and hardens him and perhaps he is used to This is interrupted, and there may be a conflict between the two parties and other things that are forbidden, because separation is forbidden and the coalition is required and the hands are raised from the prayer structures and not from its pillars, and the one who is in charge of this body is definitely a follower of the established Sunnah of the Prophet, and he leaves it to be excused for his ignorance It does not call for strife and hostility or severe denial, such as denial of the perpetrator of the forbidden thing, but rather requires kindness to explain and advise in indicating the Sunnah, with the belief that the imam of this doctrine did not adopt this Sunnah for a valid excuse, as we will explain later. If the imitator does not accept what the other refers to in the likes of these things that we have represented by raising the hands, then it is not permissible to boycott him and his enmity,Because meeting and gathering together are legal duties, and it is not permissible to leave an obligation for a desirable reason.

Among the  blameworthy  disagreement is what we find  between the compassionate and the Sufis  , for the former may deny to the second everything that the second claims and emphasize on the conditions of the hearts and the imperative of recommending and liquidating them. And the second may deny the first of its adherence to the outward and its lack of interest in the interior, and it may not value the agreed course of behavior, and this disagreement between the two parties over this type often leads to separation, intersection, hatred and falling into the disgusted disagreement to an ugly degree that is not befitting of them.

The controversy praised

19)   Among the differences that are praiseworthy according to Sharia is the  disagreement of Muslims with the infidels  Because it is one of the requirements for holding them to their true religion. And Islamic law enjoins contradicting the polytheists and forbids imitating them, whether it is commanded and forbidden by the imperative and obligatory, or in the face of blasphemy and desirability, and whether that - that is, its order - and its prohibition - is related to their false beliefs and whims or their apparent customs and conditions. The Almighty said in Surat Jaathiyah (He wants the law of the order Vatbaha do not follow the desires of those who do not know * they will sing about you from God and that something unjust, some parents of some of God's righteous guardian) entered in (who do not know) who violates his law All that they like and what the polytheists have of their apparent conditions, which are among the obligations of their false religion, and its consequences, entered into (their desires). The Prophet forbade praying at the time of sunrise and the time of sunset, reasoning that prohibition that the infidels prostrate to it at that time,So it is forbidden for Muslims to resemble them outwardly, and if they do not intend to resemble them, this is forbidden. And in the Sunnah of the Prophet: (He who imitates a people is one of them), meaning he became among them in the common destiny in which he likened them, as Sheikh al-Islam Ibn Taymiyyah says. Imam Ahmad stated, as it came in the necessity of the straight path, that the witnesses of the festivals of the polytheists are to be disliked, and he said that they should not be likened to them on their festivals and their call on them is not answered and they are not suffering for it. But from this it is permissible to leave the polytheists contradicting their apparent guidance because of the harm that it has to do, and it may even be desirable for a man or he must sometimes share with them in their apparent guidance if there is a religious interest in that: those who call them to religion or pay their harm on behalf of Muslims and so on. Righteous.He hated the witnesses of the polytheists' holidays, and said: He should not imitate them on their festivals, nor will their call on them be answered, nor will they suffer for them. But from this it is permissible to leave the polytheists contradicting their apparent guidance because of the harm that it has to do, and it may even be desirable for a man or he must sometimes share with them in their apparent guidance if there is a religious interest in that: those who call them to religion or pay their harm on behalf of Muslims and so on. Righteous.He hated the witnesses of the polytheists' holidays, and said: He should not imitate them on their festivals, nor will their call on them be answered, nor will they suffer for them. But from this it is permissible to leave the polytheists contradicting their apparent guidance because of the harm that it has to do, and it may even be desirable for a man or he must sometimes share with them in their apparent guidance if there is a religious interest in that: those who call them to religion or pay their harm on behalf of Muslims and so on. Righteous.

20)   And from the praiseworthy disagreement,  the Muslim’s contravention of the festivals, expressions and traditions of the customs of the Jahiliyyah   , the Almighty said in Surat Al-Ahzab (And do not make the first Jaahiliyyah appear to appear.) It is a Muslim to contradict the deeds of the Jahiliyyah, and this is accomplished by abandoning them, abandoning them and reluctance to do so. Whoever revives them and seeks them or calls for them commits a major sin and contravenes the Islamic Sharia. A person without right to shed his blood) and seeking is the request and the will, so everything he wanted in Islam to do something from the Sunnah of ignorance entered into the meaning of this noble hadith. What is meant by the Sunnah of the Jahiliyyah, their customs in acts of worship and other acts of worship. And the launch of the word Sunnah to the verb of ignorance is contained on the origin of the language.

Acceptable Argument

21)   And this is the  difference of the mujtahids, including jurists, muftis and rulers  , regarding the issues of ijtihad in which Ijtihad and disagreement are justified, and which are in which there is no definitive text, and the evidence for the acceptable difference is many, including:

  First  : It came in the hadith narrated by Muslim, the Messenger of God said: (If the ruler decides, strive hard and hit, then he has two rewards. This possibility is actually the difference. And since the noble hadith determines that a reward will be paid for the one who is wrong and wrong, that is, for the disagreeable among the mujtahids, this means that their disagreement is acceptable, because the reward does not result from doing something blameworthy, and this is clear.

  Second  : The difference of the Companions during the time of the Prophet, including their difference in understanding his command for them to perform the Asr prayer in Banu Qurayza. This indicates that their difference is acceptable.

  Third  : The honorable Companions, including the Rightly Guided Caliphs, differed after the death of the Messenger regarding the jurisprudential issues of jurisprudence, and none of them denied that difference, so it was unanimous among them that it was an acceptable and acceptable difference.

  Fourth  : The jurists from after the era of the Companions and to this day still disagree on issues of jurisprudence without denying anyone. This indicates the consensus of the ummah that it is an acceptable and acceptable difference.

Terms of permissible difference

22) And the   acceptable and acceptable difference is required for it to  be issued   by scholars of scholars who have knowledge and insight in jurisprudence and derive its rulings, i.e. (  Mujtahids They fulfill the conditions of ijtihad established in the books of jurisprudence and its principles. And that their Ijtihad and their differences are in the sub-issues that Ijtihad is justified and examined, which is where there is no conclusive evidence for its ruling because there is no justification for Ijtihad in the course of the text. And that the intent of the mujtahids is to reach the right and the truth only - and for this - as Ibn Hazm, may God Almighty have mercy on him, said (The slander does not affect the Companions in their disagreement because they sought the truth and worked hard to reach it, and they are rewarded) and that the mujtahids make the utmost effort to reach the truth, and if one of them falls short in The effort exerted then disagreed, and his disagreement is blameworthy, and the responsibility of the violator for his shortcomings in ijtihad increases if the legal evidence is clear or what can be known with a little effort, and even his violation in this case may be evidence of his failure to exert the effort required of him, unlike if the legal evidence was hidden or Mysterious or not easy to stand on or reach,In these cases, the statement of the mujtahid who violates the requirements of the evidence is an indication that he did not succeed in reaching him despite the best effort, and then his disagreement is permissible. It is also required that the difference does not lead to separation, intersection and difference of hearts, because the occurrence of such matters is evidence of the mixing of passion in the hearts of different people or the hearts of a group of them, and this is why both parties may be reprimanded, and one of them may be insulted if he is the agent of division and intersection based on his disagreement. And the honorable Companions, as it is known about them, differed in the issues of ijtihad, which they ruled or issued fatwas on, but their hearts did not differ, rather they remained united.As it is known about them, they differed in the jurisprudence issues that they ruled or fatwas about, but their hearts did not differ, but rather remained united.As it is known about them, they differed in the jurisprudence issues that they ruled or fatwas about, but their hearts did not differ, but rather remained united.

Do not take care of the plausible dispute

23)  Although this disagreement is of the acceptable and acceptable type, we are  neither keen on  nor desiring it, but if  it occurs   , we are not surprised by it. The reason for that is that coalition and agreement are definitely better than disagreement even in matters of jurisprudence in which disagreements are permissible. It is not permissible to be keen on disagreement and desire for it even if it is acceptable, because the meaning of that is permissible deliberately occurring, and this means that it is permissible to contravene the requirements of the legal evidence until disagreement occurs, and this is absolutely invalid. Also, one of the conditions for plausible disagreement is stripping away the intention to reach the right and the right, and this is not consistent with the desire for its occurrence.

The difference of my nation is a mercy

24)   And we may object to what we have said, with what some mention of a hadith attributed to the Sunnah of the Prophet, which is (the difference of my nation is a mercy), and this is understood from the concern for difference and the desire for it because the matter in mercy is keenness on it and its causes, and among its causes is the difference, and all this contradicts what We said that we are neither keen on nor wanting the dispute.

The answer to this objection is from two sides:

(The  first face  ): This hadith is not authentic. Al-Sakhawi said: Some scholars mentioned it with very weak chain of narrators, and some of them are transmitted with a weak chain of narration. Ibn al-Dabaa al-Shaybani said: Many imams said that he had no basis, but al-Khattabi mentioned it in Gharib al-Hadith, and I feel that he has an origin with him. And Imam al-Subbaki said: It is not known to the hadiths, and I have not found it on a correct, weak, or fabricated chain of narration, and I do not think of him in the first place except that it is from the words of the people that someone said: The difference of my ummah is a mercy, and some took it so they thought it a hadith, and I still believe That this hadith has no basis, and it is evidenced for its invalidity through authentic speaking verses and hadiths that mercy requires non-difference. Al-Suyuti said in Al-Jami Al-Sagheer. It was narrated by Nasr Al-Maqdisi in Al-Hujjah and Al-Bayhaqi in Al-Risalah Al-Ash’ari without support, and it was narrated by Al-Halimi, Al-Qadi Hussain, Imam Al-Haramayn, and their grave, and perhaps it appeared in some books of memorization that did not reach us. Al-Manawi said, commenting on Al-Suyuti's saying: Al-Subki said, and he gave his words that we mentioned about himThen Al-Manawi said: Al-Hafiz Al-Iraqi said its chain of transmission is weak, and the narrator of the era, Professor Sheikh Muhammad Nasir al-Din al-Albani, said: There is no basis for it. It was reported on the authority of Ibn Hazm that he said on his authority: False and false. Based on this, the hadith is not correct, or very weak, so that no evidence can be made similar to it and it is not suitable for evidence.

(The  second aspect  ): Assuming the validity of its invocation, it can be assumed that what is meant is that the difference of the mujtahids is a mercy for them and the ummah, as for them, for the reward that befalls them all according to the text of the hadith of the Messenger of God that we mentioned, and for the ummah, the difference of the mujtahids is only It will be after their diligence, and their diligence to know the rulings of the Sharia regarding the un-stipulated events that the ummah may face, is desirable in the Islamic Sharia because it will make the ummah run its affairs and manage its affairs within the scope of the noble Islamic law and its vast spaciousness. Its course in this context: the text and diligence, an invitation to the mercy of God Almighty. Moreover, the difference of the mujtahids after their grateful diligence is a way to show their opinions and their evidence, so it can be compared and to know what is similar to the Book of God and the Sunnah of His Messenger and then follow this saying, and there is no doubt that following what is more like the Book and the Sunnah is a cause for the mercy of God Almighty because this is what is possible and possible.

Right and wrong in the sayings of diligent people

25)   And if the difference of the mujtahids is permissible, then are their statements all true and correct, and are they all correct or not?

Some of them  went  to say in the affirmative,   so all of their sayings are true and correct, and that each one of them is correct. This was explained and defended by Al-Shaarani, may God have mercy on him, in his balance, as he made their statements not deviate from the dilution and emphasis according to the conditions of people in terms of their strength or weakness in religion, and from his sayings, may God have mercy on him in The introduction of his balance: (What then is a statement of the sayings of Sharia scholars outside the rules of Sharia as we have learned, but all their sayings are between near and closer, and far and farther by looking at the position of Islam, faith and charity, then he said: You do not see one of their sayings outside the two ranks of the scales of dilution or emphasis, And the Sharia is amenable to everything they said to its power.)

26)   And  most of the   jurists were of the view that the  truth is in one of the sayings, and   if we do not conclude it with it because there is no conclusive evidence for it, the honorable Companions, may God be pleased with them, used to mistake each other for what they disagreed about.