Differing in Matters of Ijtihaad
Shaykh Muhammad ibn Saalih al-Uthaymeen
The Mathhab of Imaam Ahmad (May Allah have mercy on him) was such that if the Salaf differed on a particular issue and there was no conclusive, solid or definite text to support it, then he considered all positions regarded by the Salaf therein to be valid and applicable, and this was due to the fact that Imaam Ahmad highly regarded, respected and revered the statements of the Sahabah.
No doubt this opinion of Imaam Ahmad is more preferable and more likely to bring about unification between the Muslims. For from amongst the people are those who take these issues in which the ‘Ulamaa differ, issues which are legislatively prone to discrepancy and there is nothing inappropriate about differing in them as they are issues which the legislation of Islam has allowed such differing to take place in regards, but they take these issues and use them as a means to cause discord and separation amongst the Muslims. Rather you find one of them would go as far as to say that his brother is astray in relation to an issue that he himself may actually be the one who is astray concerning!! This is an affliction during these times that we live in, along with the fact that there is a lot of good going on as well as cooperation amongst the brothers and a sense of Islamic awareness and awakening. What they are doing is likely to destroy this awakening.
Every time a brother from amongst us opposes another in an issue which there is actually no definite or solid text but one follows the Ijtihaad of the ‘Ulamaa he warns against his brother, makes imprudent statements, accusations and speaks out against him due to the position he has taken which opposes his opinion!! This is what those who have an agenda against Islam and against this Islamic awakening take pleasure in, and they feel as though they don't have to exert any effort in destroying Islam because they have from amongst the Muslims those who will do it for them!! May Allah place discord between them!
This Fitnah has even reached the point that some people would even hate their brother in the religion more than he hates the major sinner or the one who is openly rebellious and transgresses the limits set by Allaah, and Allaah's refuge is sought. There is no doubt that this type of behavior damages this Ummah and it is imperative for the students of knowledge to understand that this is detrimental and disappointing to all of us.
I will ask you: Did any revelation come to you from Allaah informing you that the position which you chose is correct?
If no revelation came to him to inform him of this, then how is it that he can be so convinced that his position is the correct position?! He doesn't know, perhaps his brother who opposed him and took a different position could be the one who is actually correct and he himself is the one who is astray!! And most of the time this is the case.
Revelation has ceased during these times but the Qur'an and the Sunnah are available right here in front of us, and if in fact the matter is one where it is appropriate for the student to use his Ijtihad then we should pardon and excuse one another in relation to his Ijtihad. There is no problem with them debating the issue amongst themselves in a manner appropriate for students of knowledge, but I would prefer that they do so privately due to the fact that if they do so publicly then those on the outside looking in may carry something in their chests which may not actually be in the chests of the two directly involved, and perhaps they may come to an agreement amongst themselves but others may not want it to end in that manner so they make it impossible for the two to agree and end on good terms because of personal agendas they may have within themselves. And they allow the Shaytaan to sow discord between them and we remain as we started steeped in affliction and Fitnah.
So may Allaah reward Imaam Ahmad for this particular Minhaj and for setting a standard for us to follow and immolate which is: if there is no definite and convincing evidence from the Qur'an, the Sunnah and the Ijmaa'a (i.e. consensus) amongst the Sahabah in a particular matter, which is initially appropriate for one to follow what he deems to be most correct, then all positions of the ‘Ulamaa involved are valid and it is permissible for the individual to follow what he deems closest to the truth from them, and no one should find fault with the position of the other.
Explanation of Zadul Mustaqni' vol.5 p.136-137
Translator: Shadeed Muhammad, Abu Az-Zubayr