Condemnation in issues that have different opinions

The Principle of "No condemnation in Issues that have different Opinions" Is the following in Arabic:

“عدم الإنكار في مسائل الخلاف”

or

"لا إنكار في مسائل الخلاف"

This principle is from amongst the many applicable principles related to calling to good and forbidding evil, and the reason for understanding this principle is important, because by it many people have made a mistake, in reality the rule should read: 

"لا إنكار في مسائل الاجتهاد"

Which means: There is no Condemnation in issues in which there is room for scholarly interpretation.

The reason for needing this important clarification is because you will find that many people who read this rule, they start reading about differences of opinions concerning some issues, and they go about paroting this rule in relation to all of the opinions that they read about. However they will do this concerning every issue, no matter if it’s concerning something such as raising their hands during the prayer, Saying the Ameen loudly, or a woman covering her face in front of non Mahram men, so to the person saying this rule, he will not differentiate between what truly is deserving of this rule and what is not. 

However, the reality of the matter is that this is not the case, some issues with differences should be condemned, rather some of them must be condemned. So issues  which specifically allow for Scholarly interpretation[1] due to a different understanding or outlook are the ones which allow for this rule to be quoted. However, as for those opinions and or methods in any Madhab that clearly goes against the texts of Qur’an and Sunnah, then no doubt this needs to be condemned and this rule is not applicable in these circumstances, even if this method or action became famous among the people and people started to follow the mistake, it doesn't mean it shouldn’t be condemned 

Allah says in Surah 24:63, in the second part of this verse:

"So let those beware who dissent from the Prophet's order, lest fitnah strike them or a painful punishment. "

So, in order to use this principle we have to understand the issues which are in actuality those that allow and have actual and valid differences, for example the issue of the different types of Hajj, so if one person chooses to do one type of Hajj, you cannot condemn him for that and tell him to do another type, even if you think the other type is better than the one he is choosing to do. 

One example of an issue that scholars have had differences of opinions concerning, however in reality are not valid and thus one can’t use this rule is the issue of prayer in congregation for the men [2], even if some scholars have viewed it as not obligatory, we can’t accept this statement of theirs, and this is because of the ahadith that are clear in regards to this prayer, and one such example is when the Prophet (Alayi Salaam) warned of burning down the house of the person who left the prayer in the Masjid, however he wouldn’t do it because of the women and children who also lived in the house. So in this issue, it is obligatory to order and condemn the people, in order that they pray in the Masjid regardless of whether or not scholars held different opinions regarding it, because of the clarity of the proof related to it. 

Sheikh Al-Islaam ibn Taymiyyah said regarding this in summary: 

“If the person is clearly going against the Sunnah of the Prophet (Alayi Salaam) or against the Majority opinion of the past, then it is obligatory to condemn that person, regardless of whether or not there is different statements concerning it from scholars, If this wasn’t the case then it would present a weakness that doesn’t exist concerning the true opinion of the Salaf and general masses of the scholars, that there is only one correct ruling for all issues. However if there is an issue in which case it is not clear as to what the sunnah is, and there is no Majority[3] opinion, and there is some room for scholarly interpretation, then in this issue there shouldn’t be any condemnation. Also in terms of actions, if a person is going against a sunnah or a majority opinion, then the condemnation is done according to the degree of severity of that thing the person is doing, as well if there is an issue in which some may believe that the hadith or text of Quran may point to the different understanding, in which case it allows for the scholarly interpretation to take place, then these issues as well should be left without doing any condemnation.”[4]

Sheikh Al-Uthaymeen said when asked concerning this issue:

 “If I were to say that there is no condemnation in issues of differences in the absolute sense, the entire religion would go away, and this because you will be hard pressed to find an issue in which people have differed concerning it, so for example a man will say, I will touch my wife, eat the meat of camels and then go pray while saying that he is following Imam Ahmad in the opinion concerning touching his wife and following Imam Shafi’i in that eating camel meat does not break his ablution, so is his prayer correct in this situation since he followed two different opinions of different Madhabs? No, it’s not correct. Because in one Madhab it cancels the prayer and in another it may or may not. 

Issues that have differences of opinions break down into two categories. 

1) The issue that allows for scholarly interpretation and this is the one that is a valid difference of opinion, and the ruling concerning this is a ruling that is done with the scholars intellect and insight in understanding the proofs, and so there is no condemnation in this part. As for the common man in this regard, he must follow that which the scholars are upon in his country, and this is why our sheikh Abd Ar-Rahman As-Sa’di said, the people are upon the Madhab of their scholars. 

2) The second category is that which does not allow for any difference, and it can’t be understood in any other way except for the way that is according to the Qur’an and Sunnah, it doesn’t allow for scholarly interpretation and thus there is always the need to condemn those who do not follow it, and there is [5]no excuse for people not to follow it."

Allah knows best and Peace and Blessings be upon our Beloved Prophet Muhammad and His Wives, Family, and All of his Companions, Ameen.

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[1] Ijtihaad


[2] Salaatul Jama’a


[3] Ijmaa’


[4] بيان الدليل على بطلان التحليل (ص 210-211)


[5] لقاء الباب المفتوح (49/192-193)