Is this true? I was under the impression that the vast majority was agreed and only a small percentage was subject to a difference of opinion.
I believe what he is trying to convey is that agreement means absolute unanimous agreement, across all schools of thought, philosophy, and jurisprudence. We are continuously for example told that the four math-habs "Agreed on trunks, and disagreed on branches" (that might not be translated well from اتفقوا في الأصول واختلفوا في الفروع).
All crucial and central issues of jurisprudence has been in agreement because they came with strong evidence on the ground and multitude of evidence from Quran and Sunnah. Most branched issues though and things that have circumstances attached have been interpreted and regarded sometimes by at least one school of thought with a slight adjustment, then technically an agreement is not there.
Things like: Does camel milk ruin your wudu? Does a man lose his wudu if he kisses his wife on the lips and feels arousal? Do you make taqseer salat since you leave the house on travel or since the morning of your intended travel? How many days for taqseer? Do you raise hands when going down in Rokoo in prayer? Is four rakaat before and after Dhuhr all Sunnah Moakkada or are two Moakkada and two Ratiba? and so on
For the sheer number of those issues, I am not surprised by 90%, though it is the first I specifically hear of a percentage.
The differences can be as little as 1 person out of the whole respected group, and can be in a small part of it not against it, and as long he used evidence and origin from Hadith or Quran without grave error (as in misinterpreting a verse out of its meaning, or using a hadith known to be Mawdoo), it is then not a unanimous ruling.
According to most Sheikhs and scholars the differences are a blessing and mercy to mankind as it allows for Yusr (ease) as long as the opinion is from a respected and accepted source that has brought evidence and proof that passes acceptance with other respected and accepted scholars (without their agreement of the opinion, but at least accepting the methodology) then it becomes an opinion that can be used as an option.
Some Sheikhs have also disagreed with that and said that you cannot change math-habs that you follow, otherwise people will rule by desire and will always choose the easier path. However the majority of scholars and sheikhs say otherwise and actually quote the four Imams themselves, like Malik who said "Every man's words and opinions can be taken or left in part or otherwise except for this man" and pointed to the grave of the prophet -pbuh-, and Shafei used to choose the choice that would make things easier on people, especially when he went to Egypt, and Abu Haneefa forbid people from following his opinions until they understand each opinion and see if they agree how he arrived at it.
Most of the time though you will find that there is an overwhelming majority, and people are usually advised of those, and then some other opinions are mentioned. Many scholars though just say their own opinion if it matches the majority and do not care to mention minority ones if they personaly do not agree with them. For example all math-habs and great scholars agree on witr prayer being sunnah, rewarded if performed and without harm if left, except Abu Haneefa who says it is wajib (obligation), but not fard, which to him means is harmful to leave. You will only hear this opinion if you ask a scholar who prefers Abu Haneefa methodology, but they will also say that other math-habs do not hold that. If you ask a scholar who is more attuned to Ibn Hanbal for example, he will tell you that the vast majority view is it is sunnah without harm if left, and he may not even mention Abu Haneefa in specific. Note that most respected scholars of today will not be blindly sticking to one math-hab anyway.
"Rizwan types in his own question - about whether the traditional Islamic rule that women should travel only with their husband's permission applies in modern Britain.
In Cairo, Prof Aboshady gives his judgement.
He says the rule was designed to protect women at a time when travel was dangerous. In Britain that no longer applies."
Is there 'Ijmaa on this or is there a difference of opinion?
There is a split, but what is written here is misleadingly cut short, I don't think the opinion was published in full. Many scholars today have said a woman may travel in safety that was not available before, and security is such that traveling in town or to a nearby town where she will return on the same day might not require special arrangements. Al-Shafei actually said that from long ago that as long as security is provided then there's no need. The normal exit and entry of a woman nowadays for study or chores as long as has been understood by the husband can extend to that and she does not need to seek permission. Other scholars who agree with other math-habs, or who do not like to consider changed circumstances are basis for changes in rulings, stick to that if the woman will make travel, permission needs to be specifically granted.
However, if traveling is out of the country or will entail spending the night out, then she must be accompanied by a Mahram and have permission of the husband. The permission here is not regarding security, but the right of the husband to choose not to have his wife remain away from the marital home, and to guard the women from perhaps moral corruption or mischief. That is not necessary for obligatory Haj though (in terms of permission, but mahram or group of safe women is still needed) Regarding that there is almost unanimous agreement, as otherwise the opinion would negate a direct ruling from an authentic Hadith to do so.
This is the first online fatwa that I found on the subject and it explains it clearly.
"Question: Dear scholars, As-Salamu `alaykum. What are the rulings concerning the woman’s taking permission of the husband if she wants to leave the house and her traveling without a Mahram (husband or close male relative)? Jazakum Allah khayran.
Answer: Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His sake.
Islam cares for the dignity and honor of woman. Because of her weakness and vulnerability to being targeted by vile men, Islam is keen to close the doors to such situations by insisting that a woman should not travel long distances or stay away from home by herself unless she has taken adequate safeguards in order to ensure her own protection.
Answering your question, the
European Council for Fatwa and Research states:
“
1. The ruling concerning the woman’s taking permission on leaving home:
It is incumbent on the woman to inform her husband when she wants to go outside her home. However, the woman’s leaving her house to work, study or run errands for the home and the children does not require but a general consent on the part of the husband, and the wife does not have to ask permission every time. The matter is subject to common tradition. If the wife’s going out of the house is to visit a family not known to the husband, or if her going out entails staying overnight outside the house, the permission of the husband become necessary. If the husband refuses, the woman shall not go out. Muslim morality also requires that the husband should tell his wife if he wants to travel or stay overnight outside the house, for she has the right to know her husband’s whereabouts when he is absent from home.
...
http://www.islamonline.net/servlet/...h-Ask_Scholar/FatwaE/FatwaE&cid=1119503546726