Ilm al-Ikhtilaf (disagreement of opinion)

In Islamic jurisprudence, ikhtilaf al-fuqaha (disagreement
among the jurists) is one of the most frequently discussed subjects,
yet current studies of Islamic law generally ignore its implications for
the development of Islam.

Ikhtilaf al-fuqaha is a rich source for understanding the development of the Islamic legal tradition. It is also an important juristic tool to reinterpret the syariah for today’s globalised world needs and application.

Ikhtilaf, which means disagreement, difference of opinion and
diversity of views, especially among the experts of Islamic law, is
widely recognized in Islamic tradition as a natural phenomenon. Since the beginning of the development of fiqh, differences of opinion among the jurists not only existed, but was also respected.

Historians narrate that when the Abbasid Caliph Mansur (re. 754–775) began unifying the caliphate, his secretary Ibn Muqaffa‘ (d. 759) advised the Caliph that the law and order situation was particularly problematic due to the lack of uniformity in judicial practice.

Qadis at this time were issuing divergent and conflicting judgements, which caused legal chaos.3 The Caliph came to know that Imam Malik was compiling or had compiled al-Muwatta, a compendium of the Sunnah of the Prophet as known and practised in Medina.

On his pilgrimage to Mecca, he visited Imam Malik in Medina. Caliph Mansur proposed to Imam Malik that al-Muwatta be adopted as the law of the caliphate but Imam Malik disagreed with the Caliph’s wishes and persuaded him against it. Imam Malik said:

"Each community is acting upon the information they have received. They are practicing and dealing with others in their mutual differences accordingly. Dissuading the people from what they are practicing would put them to hardship. Leave the people alone with their practices. Let the people in each city choose for them what they prefer." (Al-Tabaqat al-Kubra, al-qism al-mutammim, p. 440)

Malik’s advice marks the significance of ikhtilaf among the jurists that ensured a jurist’s right to differ with others. Even the Companions of the Prophet even disagreed among themselves on a number of issues, yet they respected each other. According to a saying of the Prophet (pbuh), diversity among the Muslim people is a blessing (ikhtilafu ummati rahmah).

Fiqh is not a divine law that the Muslims must obey strictly. Fiqh is juristic law, humanly constructed to deal with times and circumstances. It can change when new times and circumstances emerges. Muslims need to acknowledge that change has taken place and change is possible.

We often think that whatever is in the fiqh is in the Qur’an or the Sunnah and thus immutable, necessarily dictating how things must be. For example, it has been less than 100 years since slavery was abolished, and no one, not even the traditionalists, will propose bringing back slavery.

Thus, making it necessary to revise and reinterpret the syariah, especially those that are related to slavery or any other rulings that has when through transformation. The continuous need for ijtihad are also required to harmonize social diversity and multiculturalism.


Wallahu'alam