The arena of Ikhtilaaf: An introduction to the reasons behind different conclusions

 

The self-image Muslims hold regarding the deen of Islam is that it is perfect, it contains clarity and a firm answer to all things. This assessment is largely true, in the extent that the foundational texts, doctrines and practices are universally accepted among Muslims (in stark contrast to that found in other religious traditions), and that even in secondary or peripheral matters, there is general agreement. 

Thus, it comes as a surprise when we encounter others whose views or practices differ from ours! For scholars, the term ikhtilaaf (from the root kha-la-fa meaning "he was behind" or "He was different") is often employed, as well as another derivative term khilaaf.  "Ikhtilaaf" ("Having differences") is an expression used in everyday speech typically with a negative connotation (although it does not necessitate that it be seen that way) while khilaaf is usually applied as simply noting a difference of opinion.

Below we have highlighted some of the reasons behind the existence of differences among Muslims, both in a scholarly context as well as outside of that arena. It should be noted that the primary focus of this list is on legal conclusions (i.e. fiqh), with little impact on theological matters ('aqeedah). 

(1) All Muslims have same primary sources (Qur'an and Prophetic Sunnah) for fiqh but differ in methods of application of legal minutiae. 

The entire ummah accepts the primacy of the Book of God in theory, yet in practice the schools of thought (Madhaahib, in both the Sunni and Shiite worlds) have developed readings and principles for interpreting (with legal application) the text in different ways. A famous example is that of the end of Q 4:43, which speaks of the necessity of renewing one's state of ritual purity (a necessity for salaah) when having "touched women". Three of the four schools among Sunnis understand this to refer to sexual intercourse, meaning that a bath (ghusl) must be done before offering prayers. The Shafi'ee school, however, while agreeing on the need for a bath after intimacy and before salaah, takes it a step further. Their interpretative method takes the term "touch" in a literal way, that any skin contact with the opposite sex annuls one's state of purity, regardless of circumstances. 

Taking just this one example, we can see the implications in how Q 4:43 has been practically applied. In places where the Shafi'ee madh-hab dominates (such as Far East Asia and East Africa), interactions with the opposite sex (wherein touching may occur) is limited. Even for those who shake hands with the opposite sex may wear gloves!  If a Muslim from a Shafi'ee region moves or works in a Hanafi region, they find a different practice and attitude on this.

Similarly in prayers, the Shafi'ees have the practice of making Du'aa Qunoot (ft.1) in the fajr prayer. This is based on some reports in the hadeeth literature (Saheeh Al Bukhari) that assert the Prophet ( Sall Allahu 'alayhi wa sallam) did this. The other schools within the Sunni community do not see that report as reflecting normative Prophetic practice, they say he did it only in a war context, in a very limited fashion, thus, the other schools do not include it in their Fajr prayers. 

In the philosophical realm, the usage of hadeeth also finds different levels of application. The Hanbali school (which is the de-facto legal school of the Salafi movement) has no problems using a weak report (hadeeth da'eef) as a source of evidence to built a legal precedent, so long as one of the report's narrators were not deemed a known liar (kadh-dhaab) or violator of Islamic norms and values (faasiq).  The Hanafi school has more reliance on the Qur'an, to the point where they will see a solitary Quranic verse as having more value than the reports in the hadeeth literature. Thus, when we read in the scripture that we should be quiet and listen to the Quranic recitation (Q 7:204), the Hanafi school uses this verse to support the practice of NOT saying "Aameen" outload after the recitation of Soorah Al-Faatihah in prayers. (see ft.2 and 3).

(2) Cultural foundations influencing perceptions of how textual application should happen

It is natural for people, both scholars and non-scholars alike, to understand religion, texts and other issues in light of how they have been raised and taught. 

However, it is important, especially for the religious functionaries, teachers, scholars and the like, to grow beyond those limitations, especially when dealing with others from outside those sets of experiences. While there is a great deal of cultural similarities among Muslims globally, there are differences that can impact how the faith is applied and cause some levels of arguments and commotion. All Muslims have traditionally agreed upon the obligation for women to wear modest clothing, including the headscarf (ft.4), yet we find that the cultural foundations can be misplaced. Some argue that bright-color Hijabs (scarves) and dresses are forbidden. This is a cultural view, not one which is supported by the Quranic texts nor the Prophetic Sunnah!

North American culture associates pink, purple and orange as colors women wear, and thus, men don't tend to use these colors in their clothing. Yet, these colors are worn in abundance by Muslim men in West Africa!  In other words, cultural attitudes have an impact on perceptions, and those perceptions must be altered in some form when dealing with an outside culture!

(3) The ones providing answers looking at the same issue from an angle apart from another person

Again, this is natural. After all, one person-regardless of intelligence and education, cannot see all. As Muslims, we are taught that God Alone sees and knows all.  The scholars and Imams can (and will) come to different conclusions as a result of these realities. The best we can do is try our best to understand and apply the religious teachings in accordance to our own circumstances, and thereafter have trust in Allah. Wa Billaahit Tawfeeq.

Footnotes

(1)  The process of Du'aa Qunoot for the Shafi'ees is that after the rukoo' (bowing) in the second rak'ah, one raises the hands and recite the du'aa loudly. It can be short or long, its wording derived from the texts (of Qur'an and hadeeth) or one's own chosen wording. 

(2)  The practice of saying "Aameen" after Al-Faatihah in the prayer derives from the hadeeth literature, one of the reports having the Prophet say that if the (recitation of) Aameen coincides with the recitation of the same expression by the angels, God bestows forgiveness on such people. The Hanafis, while not rejecting these reports, interpret them in light of Q 7:204, and thus, recite it silently (sirri). 

(3) The Shiites' perspective is that the reports mentioned in footnote 2 (reported by Abu Hurairah, whom Shia sources tend to distrust) are in fact not prophetic at all but are rather innovations borrowed from Jewish practices. Thus, they don't recite "aameen" after Al-Faatihah during salaah, neither aloud nor silently. Yet, in individual or collective du'aa, they will say "aameen" to end the supplication, just as Sunnis do.

(4) In recent years there has been a questioning of the legitimacy of the head covering for women. In our view, such rejection is unjustified. In any case, any clothing (regardless of style or origin) that displays modesty and covering of what Islam has stated should be covered is acceptable by the religious standards. A discussion on this issue can found elsewhere on this blog. Shamsuddin Waheed: Can Modesty and Exhibition coexist? Thoughts on the first Hijabi supermodel