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

How does the person praying  perform the prostration (Sujud)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is an act of Sunnah for the person praying to descend for prostration (Sujud) by placing their knees first, then placing their hands on the ground, and then placing their nose and forehead simultaneously. It is obligatory that the toes of the feet be on the ground, directed towards the Qibla. And Allah the Exalted knows best.

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, knows best.