THE FIQH DEPARTMENT

In the Name of Allah, The Most Beneficent, The Most Merciful.
Although every Fiqh opinion is based on evidence, often times, the scholars differ in their views. This room for differences is a mercy from Allah, and as long as there is evidence to support an opinion, then we must respect scholars' views, even if we may not always agree.
The Prophet (SAW) said:
"Whoever performs Ijtihad and errs will receive one reward. Whoever performs Ijtihad and arrives at the correct answer gets double the reward"
(Bukhari) 
What to Do With A Text That You Aren't Sure Should Be Acted Upon PDF Print E-mail
Fiqh: Islamic Jurisprudence - Usool Al-Fiqh: Principles of Jurisprudence
Written by Ibn Taymiyyah   
What to Do With A Text That You Aren't Sure Should Be Acted Upon:

"Whoever is sure of the authenticity of a text, yet is unaware of anyone using it as a proof, and he does not know whether or not there is consensus that other texts contradict it, such a situation is the same as if one were to see one evidence contradicted by another, while he does not know which of the two takes precedence. Such a person should refrain from acting upon this evidence until the precedence of either of them is made clear to him. So, he should not speak without knowledge, and he should not apply a text while he is equally unsure as to whether it is/isn't abrogated due to the presence of a contradicting text or ijma'. The same goes for when he comes across a general text that he is equally unsure is/isn't made more specific by another text.

So, it is a must that the evidence being used be free of any considerable opposing factors, such that it becomes certain that this evidence takes precedence over any opposing factors. Otherwise, he is to refrain from acting upon this evidence."

 

Sheikh Al-Islam Ibn Taymiyyah, Rahimahullah

[Majmu' Al-Fatawa 19/126]


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