Articles

The Etiquette of Disagreement and the Chaos of Reality
Author : Dr. Mohammad Al-Khalayleh
Date Added : 30-12-2025

The Etiquette of Disagreement and the Chaos of Reality

 

In the midst of the chaos currently engulfing the Muslim Ummah, we have every right to inquire about the Etiquette of Disagreement (Adab al-Ikhtilāf) and its civilizational jurisprudence within our Islamic Shariah. We observe this profound etiquette dissolving into a chaotic reality that has swept away many minds and seized the hearts of even those who are considered thinkers and scholars in the fields of Shariah and its civilizational heritage.

The Etiquette of Disagreement is an ancient and established principle in our Islamic Shariah; it is not itself a matter of dispute. The Prophet (peace and blessings be upon him) affirmed the Companions on the day of Banu Qurayzah and did not rebuke any of them for their respective Ijtihād (Independent reasoning by an expert in Islamic Law).

Ibn ‘Umar (may Allah be pleased with him) narrated: "The Prophet (PBUH) said to us when he returned from the Battle of the Trench: 'None of you should pray ‘Asr except at Banu Qurayzah.' The time for ‘Asr arrived while some of them were still on the road. Some said: 'We will not pray until we reach it.' Others said: 'Rather, we will pray; that was not what was intended of us [i.e., the command was for speed, not delaying the prayer time].' When this was mentioned to the Prophet (PBUH), he did not rebuke a single one of them." (Reported by Bukhari & Muslim).

The Companions and the Righteous Predecessors (al-Salaf al-Ṣāliḥ) drank deeply from the well of this etiquette, internalizing the words of the Prophet (PBUH): "If a judge performs Ijtihad and reaches a correct decision, he has two rewards. If he strives and errs, he has one reward." (Reported by Bukhari & Muslim).They realized that the scholar who possesses the tools of Ijtihād is rewarded for his effort, whether he is correct or mistaken, so long as the intention is sincere and the goal is noble.

This demonstrates that disagreement is an inevitable reality due to various factors in matters where perceptions and understandings differ. Our Righteous Predecessors (Salaf) did not seek disagreement for its own sake; rather, the objective for all was to align with the intent of the Lawgiver (Allah). Therefore, while they may have differed on a specific ruling, they were united in their aim to reach the truth and fulfill the Divine Will.

Consequently, disagreement among the Salaf was never a cause for enmity or hatred. Their hearts were vast enough to accept and embrace these differences. Each viewed their own opinion as "correct but potentially mistaken," and the opinion of others as "mistaken but potentially correct." This diversity was not a source of weakness or division, but rather a cause for their glory and the flourishing of their intellectual thought, providing us with the immense legislative wealth that enriches the Islamic library today.

The Imams of the various schools of thought (Madhāhib) differed in far more subsidiary jurisprudential rulings than we do today, yet we never heard of "Fatwa chaos" in their time. Respect for the dissenter and a civilizational, academic approach were the prevailing norms.

• Imam al-Shāfi‘ī, upon visiting the grave of Imam Abu Ḥanīfah and praying in his mosque, did not perform the Qunūt in the Fajr prayer, even though he considered it a Sunnah. When asked why, he replied: "Out of respect for the occupant of this grave."

• Imam Aḥmad said of Imam al-Shāfi‘ī—despite differing with him on many issues: "I have not performed a prayer for forty years except that I have supplicated for al-Shāfi‘ī." When his son, Abdullah, asked what kind of man al-Shāfi‘ī was to deserve such devotion, he replied: "O my son, al-Shāfi‘ī was like the sun to the world and like health to the body; look and see, is there a replacement for these two?"

• Imam Aḥmad held that bleeding nullifies Wuḍū’ (ablution). However, when asked, "Would you pray behind a man who had undergone cupping (Ḥijāmah) and did not re-perform his ablution?" He replied: "Subḥān Allāh! How could I not pray behind [the likes of] Mālik ibn Anas and Sa‘īd ibn al-Musayyib?!"

These fragments of history provide us with a blueprint for how to interact with scholars: maintaining respect, thinking well of them (Ḥusn al-Ẓann), and seeking excuses for them even when we believe they have erred.

Reflecting on this, we must ask again: Why has this etiquette vanished from contemporary Islamic discourse? The answer, we believe, lies in the chaos of the current reality and the bias toward conflicting currents and clashing ideologies. This has overwhelmed the traditional etiquette, erasing it from the minds of many, including those counted among the ranks of scholars. Disagreement has become "blameworthy" (Madhmūm), characterized by:

1. Self-admiration and vanity.

2. Thinking ill of others and rushing to accuse them.

3. Fanaticism toward specific groups, parties, or individuals, even when it contradicts Shariah evidence.

4. Failure to verify reports and basing positions on mere conjecture.

The response to a dissenting view has shifted toward insult, slander, and questioning the intentions of scholars—intentions which only Allah knows. A cursory glance at our current reality reveals terms that have no place in the literature of academic disagreement: "rabble," "scum," "dwarfs," "scholars of the Sultan," and "people of desire."

We even see those we once considered beacons of knowledge saying: "There are Muftis appointed by regimes... their job is generally to permit what the rulers want, even if it is a prohibited matter subject to consensus (Ḥarām Mujma’ ‘alayh)."

Anyone with the slightest knowledge of Shariah knows that declaring a consensus-based prohibition to be permissible is an act of disbelief (Kufr). This language of accusation and implicit Takfīr is entirely alien to the etiquette of Islamic discourse. Furthermore, we see an astonishing degree of self-praise (Tazkiyat al-nafs) coupled with the belittling of others, despite Allah’s command: "So do not claim purity for yourselves; He is most knowing of who fears Him." (An-Najm/32).

In conclusion, we do not believe there is a "Fatwa chaos" today as much as there is an intellectual and moral chaos. This turmoil has blinded minds to the etiquette of disagreement.

Knowledge is a "bond of kinship" among its people. We hoped to see robust academic refutations based on Shariah evidence, objectivity, and wisdom, far removed from the language of insults that is unbefitting of laypeople, let alone scholars and thinkers.

The Muslim is shrewd and intelligent (Kayyis Faṭin); he is not a blind follower (Imma‘ah) swayed by every passing whim or ideology. Our religious duty necessitates that we advise one another with sincerity. The authentic Islamic discourse, rooted in the language of dialogue and the etiquette of difference, is the optimal path to reach the truth. As long as the goal is one—the truth—it does not harm us if our paths differ.

As the saying goes: "Disagreement does not spoil the bond of affection." We must not let this etiquette be lost in the chaos of our time. We must rebuild the Islamic edifice and heal the rift in our society by treating the roots of this intellectual chaos, for Allah says {what means}: "And do not dispute and [thus] lose courage and [then] your strength would depart; and be patient. Indeed, Allah is with the patient." (Al-Anfāl/46).

We ask Allah to guide us all to the Straight Path and to inspire us with correctness in both word and deed.

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Summarized Fatawaa

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

What are the Sharia consequences when the sacrificial time for the uḍḥiyyah comes to an end?

 
 
 
 
 
 

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
If the sun sets on the final day of Tashriq (the 13th of Dhu al-Hijjah) and the Udhiyah (sacrificial animal) has not yet been slaughtered, its designated time has expired. Should a person slaughter it after this point, it will not be counted as an Udhiyah.
 
However, if the sacrifice was a vowed one (Mandhurah), they are strictly obligated to slaughter it as a makeup act (Qada’), and its meat must be distributed entirely according to the rules governing vowed sacrifices.
 
It is stated in Bushra al-Karim (p. 702): "If one slaughters after sunset on the final day [of Tashriq]... it does not count as an Udhiyah, unless it was a vowed sacrifice, in which case it is fulfilled as a makeup act (Qada’)." And Allah the Almighty Knows Best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.