The Historical Context of Disagreements among Different Schools of Thought and Proofs of Taqlid in the Light of Islamic Etiquettes of Disagreement

The difference of opinion is a natural process. Having different intellectual approaches, some variances occur naturally. The article focuses on reasons for the differences of view and judgment among the jurists. The description of Arabic linguistics, the articulation of texts, diacritical marks, the technique of transmitting any narration, the principles for agreeing any text are among the many reasons which indicate alterations of opinion. The study also portrays that the differences of opinion were considered harmful then there would not have been any differences among the Companions of the Holy Prophet. This article discusses that Islam is like a fortress that is safeguarded continuously and cannot be overlapped nor overcome. The study is qualitative in nature, with a descriptive and analytical approach. Both primary and secondary sources have been employed for data analysis using the content analysis technique. The study delineates that the ethics of disagreements demands a Muslim to tolerate divergent opinions. The study also focuses on the taqlid and its importance in the light of the Quran and the Sunnah. The study concludes that the natural type of differences in ideas are unavoidable phenomena so it must be on the foundations of authentic pieces of evidence and positivity. The finding of the study is that taqlid is not an unfamiliar concept at all in the foundations of the Shari’ah.


Introduction
An individual can think about everything, there is no restriction for him as different theories emerge in his mind regarding any matter. 1 A very mutual feature of human societies is ikhtilaf as a constant factor of the human experience. 2 The word khilaf in Arabic connotes 'a simple difference', 'a disagreement' or a full-blown encounter leading to shiqaq. 3 Khilaf not necessarily always advances to dissension. However, when it does, that escalation might or might not be warranted, hanging on the reason of disagreement, its category and extent. The aspiration to see the ikhtilaf between all individuals reconciled is a commendable and praiseworthy one. However, to avoid fanaticism even in that, and to circumvent becoming overly distressed about those dissimilarities, they should be considered as part of Almighty's test and trial of this worldly life. 4 In fact, while reading the Quran, one can discover that Allah Almighty left many places open for different interpretations. 5 The Holy Prophet Muhammad while preaching in early days, not adopted the strategies of ethics, manners and moralities but he instructed his companions to exercise it in their concerns. This strategy was also practically practiced in the era of pious caliphs, Islamic jurists and renowned scholars. 6

Nature of Differences and Ethics of Disagreement in the Holy Prophet Muhammad's (PBUH) Period
When the Holy Prophet Muhammad (PBUH) was alive, besides having problems and ambiguities, they were simplified by the Holy Prophet Muhammad (PBUH) and no confusion was left for ordinary people. The Holy Prophet Muhammad (PBUH) was the first who introduced positive and authentic inconsistency and differences of opinion in the Islamic history. He was also advised by Allah Almighty, ethics for preaching of Islam as the madina pact was announced for the peace and success of region. The strategy to deal with people is also defined in the Holy Quran as: Naturally, differences of opinion occur but they should be handled with proper opinions and valid reasons. Similarly, in the time of the Holy Prophet Muhammad (PBUH), it was controlled with polite manner, no verdicts were delivered, no one was criticized and no clash was introduced. 8

Nature of Differences and Ethics of Disagreement in the Caliphate's Periods
It is the golden period of Islamic history even though many conflicts and differences were raised however they were handled appropriately and with wisdom. In the authority of Hazrat Ali (R.A), some serious issues were raised owing to martyr of Hazrat Uthman (R.A) and even some battles were fought between Muslim groups but there were no abusive speeches, no negative criticism, no killing of humanity, and no issue of harming the crops and there were only moralities and ethics in their conflicts. An incident about Hazrat Muawiyah's opinion about Hazrat Ali (R.A.) showed the love and sincerity for each other. It is stated that Hazrat Muawiyah asked Dirar to define for him the personality of Hazrat Ali (R.A.). When Hazrat Muawiyah insisted, he told all characteristics of Hazrat Ali (R.A.) that he became regretful and commenced weeping. He remarked: "Such was Abu al Hasan, may God have mercy on him. Tell us of your grief for him, O Dirar." "My grief (for Ali) is like the grief of a mother whose only child is slain on her lap. Her tears will never dry up and her grief will never subside." Saying this, Dirar stood up and departed". 9 This is an illustrious example for those who consider that there were personally alterations and conflicts between the companions of the Holy Prophet Muhammad (PBUH). They always praised one another and had encouraging remarks about others. 10

Salient Features from the Prophetic and Caliphate Period regarding Ikhtilaf
The prominent features of Adab al-Ikhtilaf are as follows: 11 a. The Sahabah always endeavored always not to differ. They ensured not to make much about negligible matters but discussed the problems that modeled disagreement. This mode of apportioning with real situations usually does not authorize ample room for discussion, let alone argument and conflict. b. If differences arose in spite of efforts to evade them, they would quickly mention the dubious matter to the authentic sources and in consequence any argument would be rapidly dissipated. c. They always reacted with thorough submission and assurance to the ruling of the authentic source and their comprehensive compliance to it. d. The Holy Prophet Muhammad (PBUH) exercised his valuable points to his worthy Companions what was correct and what was incorrect with respect to contentious queries open to explanation. Therefore, they must have mutual belief in other's judgments. This methodology assured the safeguarding other's mutual respect between corresponding Muslims who diverged and also reserved fanaticism and prejudice. e. They strictly adhered to Islamic models of behavior in consultation.
They deliberated matters graciously and cordially by evading insulting language. f. The Companions eschewed insincerity and flattery and always exercised every struggle to explore issues accurately. This exercise categorized by the significance of the reason and admiration in either accommodating other opinion or evolving a healthier view.

Differences Amid School of Thoughts
The differences among Imams are divided into three phases: 12 a. The first contains contradictory narrations and in other words, the apparent inconsistencies between the words and deeds of the Holy Prophet (PBUH) b. The second stage contracts with the contradictions originate in the Athar, apparent contradictions amongst the words and actions of the Sahabah and Taabi'een. c. The third stage incorporates the differences found between the Islamic madhahib in the apparent contradictions among the recognized opinions of the numerous Imams, which later developed into the established views of their admirers.

Differences of Opinion in Understanding Quran a. Difference in Interpretation of Tafseer
There is variation in the tafseer of the term quru and therefore alteration in the ruling. Iddah (waiting period) of a divorcee as the Allah Almighty mentions in the Holy Quran as: Ibn Masood and others discourse that it is haydh whereas Aisha opine that it denotes clean period. There is an alteration in different tafseer of this term quru and therefore modification in ruling. b. Methods of Recitation Employed in forming a Judgment There are numerous approaches in which Holy Book could be narrated. Some means are well recognized while some are not. Such methods that are not established are shaadh or unique styles of recitation. It is accepted by some scholars as adequate proof for establishing any ruling whereas others differ from this verdict. Ulema who agree on the practice of shaadh ways of narration as an authentic means of creating any presiding would conclude contrariwise from others who do not admit. As it is stated in the Holy Quran: c. However, the Qiraa'ah of Ubayy and Ibn Masood recite as "He has to fast for three consecutive days." The scholars who admit this oration will determine that fast desires to be successive while others not accomplished this. 15

Differences of Opinion in Noble Ahadith
a. Bukhari says in inaugurating that chain is uninterrupted it must be demonstrated that every reporter encountered with the individual he is reporting from. Whereas, Imam says that likelihood of any narrator meeting is adequate in establishing the stability of the sequence. On the basis of this alteration, if any narration cannot be verified that narrators gathered and agreeing to those Ulema of similar opinion like of Bukhari then such narration cannot be consumed for any ruling. Others who grasp the same view as Imam then such narration are standard. b. Sometimes contradictory narrations but theme wise both are reliable. c. Majority scholars accept weak descriptions in the lack of any solid account and give preference to weak commentary over analogy as an accepted basis in Islamic jurisprudence. Those Ulema whose admit weak narrations for ruling will vary with who do not receive weak narrations as resilient adequate evidence. d. The phrasings of diverse text differ causing change in the juristic verdict resulting there from. Abu Hurayrah narrates that the Holy Prophet Muhammad ‫)ﷺ(‬ said, "Whoever prays over a deceased in the masjid, and then there is nothing against him". Other narrations have the wordings, "Then there is nothing for him" e. Those scholars who take the wordings of "then there is nothing against him" allow salaah on the deceased in the masjid and to the contrary those who yield the wording "then there is nothing for him" refuse of salaah on the deceased in the masjid. 16

Causes of Disagreement 17
a. Divine Wisdom All the people were no more than a single community; later, they differed. But for a word from your Lord that had already The reconciliation among seemingly contradicting evidences.

f. A Mixture of the Failures of Intent and Judgment
One could initially neglect to see the mistake in his reasoning and subsequently grow zeal for his position and overlook the proofs and suggestions on his error. His initial mistake would be forgiven but his zealotry and defiance of fact thereafter is sinful.

Reasons of Differences between Different Ages of Islamic History 19
The Era of the Messenger

Juristic Opinion Imam Malik and Imam Shafi said it is not an obligation.
Abu Hanifa and Imam Ahmed said it is obligatory.

Reason of Disagreement It is established from the Holy Prophet Muhammad
‫)ﷺ(‬ through Abu Said al-Khudri, Abu Hurayra, Ibn Abbas and Umar that, "It is not permitted for a woman, who believes in Allah and the last day to travel without a dhu mahram."

Reconciliation
Those who gave predominance to the tradition alleged that she may travel for hajj without dhu mahram.
Those who constrained the general implication with this practice, says it is obligatory.

Recommendations regarding Differences of Opinion between Islamic Madhahib
The following propositions can be recommended: 22 a. Accept that there will be discrepancy but effort for unity. b. Hold on to the rope of Almighty i.e. the Quran and Sunnah. c. Take the virtuous predecessors, mainly the first generation, as the standard benchmark against which all positions are evaluated.

Meaning, History and Proofs of Taqlid from the Holy Quran and Sunnah
To practice upon an opinion of a Mujtahid without demanding any proof, nor having any prior knowledge of a proof (of the law that the mujtahid presents). It is the Muslim who entails to seek protection for himself, the Muslim who dwells within a fortress, or castle that keeps him safe from the attacks of the enemies. 23 As long as the Muslims are humble and revering to their leaders and their righteous intellectuals, they shall remain unified, steadfast and victorious.

Literal and Technical Meaning and History of Taqlid
Taqlid is originated from the root word qald which entails twisting or wreathing a thing upon the former. 24 As the necklaces are twined so the expression came to refer to necklace, to ropes of camel designed to be sacrificed during hajj, in its practice, it attained the meaning of 'following', 'imposing upon', 'obliging', 'constraining', 'investing' which portray that the person has or is placed with some charge or constraint. 25 The classical scholars of Islam have defined taqlid in their writings differently like Kufal says that taqlid is, "To accept the saying of the speaker without knowing the source of speech." Whereas Khuzarmi describes taqlid as, "Accepting any saying without looking into the argument." 26 Amidi is of the view that it is receiving the opinion that does not monitor any justified argument. Ibn Hamim writes, "To follow the saying o f a person whose saying is not a justified thing." 27 Ghazali, Qazi Abd al Nabi Ahmad Nagri and Sheikh Jurjani claim that taqlid proposes to accept the revealing the opinion of the other person not on the basis of justification or research but on having a respectable assumption that his saying would be accurate. Hence taqlid, as a technical word of Islamic sciences, connotes accepting or adhering of an individual -capable or incapable for ijtihad -to the judgment of the mujtahid whom he beliefs with this consideration that his verdict would be valid and true.

The Necessity of Taqlid
There are two possible options when abiding by a law wherein taqlid is implemented. The first is to interpret the law according to intellect and knowledge. The second option is to trust on the knowledge and intellect of virtuous predecessors who were very close to the period of Prophethood. They were part and parcel of the time of Khayr ul Qurun. By being a portion of it, they became an indicator of taqwa and piety. They spent their complete lives in acquiring the divine knowledge and delving into its investigation. The contemporaries of these periods assert preference to one circumstance over another through understanding of the Quran and Hadith than their judgment become more accurate. This is an indisputable fact. 28 The necessity of accommodating taqlid is similar across the board, whether amongst the laymen or amongst the learned researchers of today because neither possess the aptitude of ijtihad. For a scholar to deduce a proof which coincides with the view of the school of thought is not in annulment of taqlid. This is because the intellectuals first accepted a judgment of a mujtahid imam then through his view deduced a proof. Therefore, this acknowledgment will also be extracted as incomplete. 29

The Domain of Taqlid
Taqlid is only permissible in those issues which do not constitute the fundamentals of Islam like issues that are widely-known and whose evidences are qati; certain, clear-cut and univocal. It is in the furu, the facts of the Sacred Law, wherein the evidences are zanni; open to more than one authentic reading, that taqlid is permitted. Al-Khatib al-Baghdadi sketches these contours, "As far as the Islamic injunctions are concerned, they are of two categories. The first are those known by necessity to be part of the Prophet's religion, such as the five daily prayers, the wealth-tax (zakat), pilgrimage; and also (knowing) the prohibition of adultery and intoxicants, etc. In such matters taqlid is not lawful, since these are the issues, every person is required to know about. The second are those rulings arrived at via juristic inference, like the details of the devotional acts (ibadat) or social transactions (mu'amalat). It is in these matters that taqlid is permitted." 30 Ibn Badran portrays the issue in these words, " Taqlid

Proof of Taqlid from the Hadith
It is said, "You follow me and the later ones will follow you." (Sahih Bukhari, Vol. 1, Pg. No. 99) Ibn Hajar Asqalani inscribes in the interpretation of this hadith, "You learn the rules of the Shariah from me, so that those who come after you can learn from you and in the same way those who come after them and so on until the end of the world." 39 It has been described regarding the virtue of Abu Bakr (R.A) and Umar (R.A) that the Holy Prophet Muhammad ‫)ﷺ(‬ mentioned, "Follow these two after me: Abu Bakr and Umar." (Tirmidhi v.2 p. 206) It has been reported in Bukhari that the Holy Prophet Muhammad ‫)ﷺ(‬ mentioned, "Follow me (by observing what I do) and those after you will follow you (by observing what you do)." (Bukhari v.1 p.99) Two connotations can be deduced from this description. One is regarding salah and other is salaf. For example, the Tabi'een should follow the Sahabah and Tabi' Tabi'een should follow the Tabi'een and so on and so forth, thus proving taqlid.
It comes in a narration that the Holy Prophet Muhammad ‫)ﷺ(‬ mentioned, "Hold steadfast to my practice and to the practice of the rightly guided caliphs. Hold fast to it and cling on to it with your molars." (Abu

Etiquettes of Disagreement in Islam
The most important etiquettes are following: Justice is imperative and necessary as it spring various guidelines that are appropriate to the adab of disagreement. a. Pointing any mistake in a devotee is far fewer severe than misidentifying somebody for a nonbeliever. The Holy Prophet Muhammad ‫)ﷺ(‬ has warned, "Whoever calls someone else an unbeliever or declares him an enemy of Allah when it is not the case, then his statement will return back to him." b. In themes that are exposed to juristic decision and multiple views, there is no reasoning to call someone a criminal or to ostracize anyone for understandings.

Must not become Bigoted towards a certain Approach:
Chauvinism and bigotry brands a person unable to differentiate veracity from falsehood. The identical fervor with which a person adores something can be curved to hate. 41

5.
Muslims should elude discrepancy in every matter. However, everyone has the privilege to disagree in case of any lawful reason under normal circumstances as one would find settlement. 6. Believers should have the pure intention of pleasing Almighty in differences and not dispute for filling one's requirements or for overconfidence. 7. Everyone in ikhtilaf must consider that there is an option that others opinion could be right.

Conclusion
Islam in every walk of existence has given the rudimentary information. Islam has given the integrities and moralities for an individual and for a society in the state of differences and encounters not only theoretically but also virtually. 42 Differences should not be personal but it must be with one's thoughts. Language should be respectful in conversations or discourses. The opinion of every kind of person must be entertained and admiration of every person should be deliberated as basic element. Scholarly differences should be taken as different possibilities. It should be for positive, informative and harmonious purposes. 43 It is obligatory for all Muslims to render entire obedience to the Law of Almighty, the Shari'ah. A detailed acquaintance of the Shari'ah which comprises of thousands of usul and furu is not within the hold of a common individual engaged in his usual mundane pursuits as it requires a lifetime of deep revision and erudition and total dedication to this precise field to acquire proficiency. 44 Verily Allah Almighty sent Messengers and Prophets to their nations earlier the Holy Prophet Muhammad ‫)ﷺ(‬ and made it mandatory upon the nations to follow their messengers. It is obligatory upon the Muslims that they do not give the status and rank of complete submission to someone other than the Holy Prophet Muhammad ‫.)ﷺ(‬ 45