Is the principle "no denunciation in matters of disagreement" sound, and is one excused for adopting any opinion in matters about which scholars have differed?
The statement "there is no denunciation in matters of dispute" is incorrect; rather, the correct statement is "there is no denunciation in matters of ijtihad (independent reasoning)." The issues upon which scholars have differed are divided into two types:
1. Issues whose ruling is based on a clear text from the Quran or sound Sunnah or consensus (ijma'), or is indicated by a clear analogy (qiyas jali): In these matters, the one who differs is denounced, even if he is a mujtahid (one capable of independent reasoning), because the Companions and the Imams after them denounced those who contravened a sound evidence. Examples include: denying the attributes of Allah, denying some realities of the Day of Judgment like the Scale (Mizan) and the Bridge (Sirat), permitting usurious interest, permitting nikah al-tahlil (a form of temporary marriage to legalize a previous divorce), permitting listening to music, a person entering the mosque on Friday and sitting down while the Imam is delivering the sermon without praying tahiyyat al-masjid (greeting the mosque prayer), not considering it recommended to raise hands in prayer, not considering Salat al-Istisqa' (prayer for rain) recommended, and not considering fasting six days of Shawwal recommended.
2. Issues for which no clear evidence, consensus, or clear analogy has been reported regarding their ruling, or for which there is evidence whose authenticity is disputed or is not explicit, or for which there are seemingly contradictory texts: These issues require ijtihad, and the one who differs is not denounced as long as he is following an Imam and believes his opinion to be correct, but it is not permissible to follow whims. Not denouncing does not mean refraining from discussion or debate to clarify the more preponderant opinion. Examples include: the dispute over whether the Prophet, may Allah's peace and blessings be upon him, saw his Lord in this world, whether the dead hear the speech of the living, whether touching the male organ or a woman or camel meat invalidates ablution, performing qunut (a specific supplication) in the Fajr prayer every day, and performing qunut in the Witr prayer before or after bowing.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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