What is the meaning of the phrase "this is a controversial issue" or "this is an issue about which jurists have differed," and what is the correct stance regarding it?
There are issues of disagreement and (independent reasoning) among scholars that are being raised today in a way that takes them out of their legitimate Islamic framework. These are often social or intellectual issues, which some Westernizers use as a pretext for Westernization. They are also raised by non-specialists who choose what aligns with their whims, and their scope is not limited to their jurisprudential context.
The difference between issues of disagreement and ijtihad: Not every issue in which a disagreement has been reported is considered an issue of ijtihad where there can be no denunciation. Ibn al-Qayyim stated that issues of disagreement are denounced if the opinion contradicts a or a consensus. Issues of ijtihad are those for which there is no explicit and clear legal evidence.
The reference for this is the texts of the Quran and Sunnah. Whenever the evidence is sound, it must be adopted, and it is not permissible to reject a sound Sunnah on the pretext of disagreement over it. People must be educated to submit to Allah, revere the texts of the , embrace the religion firmly, and avoid seeking out concessions and scholarly slips. One should be cautious of jurisprudential arguments with those who do not understand legal issues, as discussion should be with students of knowledge who comprehend jurisprudential language and seek the truth.
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