What should the public do when Ulema differ?

Hadhrat Mufti Shafee (rahamatullah alay) writes:

Many people become perturbed and worried, when the Ulema differ amongst themselves, and they ask, "Which way should we turn to?" But hidden beneath this question is the declaration, "Now we will listen to none, we will be free to do as we please." Yet, on the surface this innocent question seems to be justified.

Well, the answer can be found if one ponders over our day-to­day affairs. For example, a person becomes ill. He seeks the advice of the doctors. Doctors and Hakeems differ in diagnosing and in the treatment of the disease. What does he do? Doesn't he choose one of them after investigating the credibility of the doctor or finding out through their patients and other experienced people, as to who is more capable? He then follows his chosen doctor's diagnosis and treatment, and he does not rebuke or speak ill of the other doctors. At this juncture, he does not feel that since the doctors have varying opinions he will abandon all and do as he pleases. Why don't we apply the same tact when Ulema differ in some matter?

Take another example: You wish to file a case against a certain party. Hence, you seek legal advice from a number of lawyers. If they have varying opinions, then no person will simply drop the case because of this, nor will anyone say, "Since the lawyers differ, I will not pay any attention to them. I will carry on with the case on my own." On the contrary, every person in his own way will find out who the most dynamic and successful lawyer is, so that he may handle the case. Furthermore, he does not hold a grudge against the other lawyers who held conflicting views with his lawyer. He does not go about quarrelling with them or speaking ill of them.

Why don't we use the same natural and easy principle when it comes to differences of the Ulema? Here is an important note to take heed of: If one has to choose an incompetent doctor or an unreliable lawyer that person will definitely suffer the harmful repercussion and result, but this is not the ease when one chooses a certain Alim's view, when the Ulema differ. It is stated in a Hadith, "When one enquires about any matter from an Alim and he issues an incorrect fatwa, the questioner is not sinful. In fact the sin is upon the one who issued the fatwa." Yes, the condition is that a person searches for an Alim whom he may question in the same way as he would search for a genuine lawyer or doctor. After exerting oneself to the utmost in the search of a genuine, reputable Alim, and he accepts his view and practices upon it, then Allaah absolves him of his responsibility. Even if the Alim's view were incorrect, there will be no blame upon the questioner.

It should not be the case, that in search of a doctor, we make sure that he be a M.B.B.S. graduate or a specialist for example, but in the search for an Alim, the only criterion is for him to have a kurta, beard, turban, and dramatic speeches. If this is the type of Alim you looking for, then you will not be absolved of your responsibility. If the person whom you have chosen is not truly a well grounded Alim, and he gives you an incorrect answer and you subsequently practice upon it, then you will be also be sinning. (Wahdete Ummat pg. 49)

Therefore, aside from the knowledge of an Alim, one should scrutinize his life. Is it conforming to the Sunnah or not? Which Alim's life is more in line with the Sunnah? Who has more greed for this temporary world and who has more zeal and desire for the Akhirah? Look at the persons who keep company with him, are they pious, Allaah fearing, followers of the Sunnah and desirous of the Hereafter or not? After contemplating over these points one may go ahead and follow the Alim he has most confidence in, keeping in mind that it is incumbent to respect the other Ulema, for it is extremely detrimental for the spiritual condition of a person to be rude and offensive towards them. Unfortunately, the situation has deteriorated to such an extent that let alone the integrity, even the Iman of the Ulema is being attacked. Hi! Only to Allaah do we complain.

Qutbul-Aqtaab Hadhrat Moulana Muhammed Zakariya Sahib (rahamatullah alay) writes: The masses among the Muslims have made it an unnecessary habit of passing judgement on religious affairs, considering it their right. What need is there for them to put themselves in judgment over men of knowledge when there is disagreement amongst them? What right have they when they are devoid of the ability to understand the academic discussions and arguments of the Ulema? Is it not foolish that they still persist in becoming judges between the Ulema and passing judgment on their findings, when they are not in the position to do so? What these common people should really be doing is to follow the guidance of the true Ulema in whom they have confidence, and whom by experience they know to be Allaah-fearing, pious, experienced and saintly. This would surely have happened if the object of these people were to seek the truth, so as to follow and do acts of righteousness, as a Muslim should. But here in this case, we find the object is only to create controversy. They will find no joy in those gatherings in which the opponents are not denounced and abused. On the contrary, those gatherings and functions in which straightforward simple religious talks are given are considered exceedingly lifeless and boring. To them such speech is definitely not worth listening to. In their view that speaker has not yet mastered the art of oratory, rather a good orator is he who is smart and can give a curt reply to his opponents. (Al-E'tidaal pg. 210)

Further-on Hadhrat writes, "Again I say that the correct way to follow is to act in accordance to the declarations of that Alim in whom they confide, who is a practical true Muslim, a man of knowledge and research. Unfortunately, we are such that we claim love and faith in the leader, but do not act according to his wishes.

The result of our love and support of our Elders is that we shower abuse on those considered the leaders of others. Our Elders never behaved in this manner. The word of Allaah, which is the basis of the faith of the Muslims, is quite severe in this matter, In this regard, it instructs:

'Abuse not those who pray to other deities besides Allaah, lest they wrongfully abuse Allaah out of enmity, without knowledge'

Ponder! Here the Qur'aan even forbids us to abuse the idols of the idol-worshippers. But when we look and consider the adherents of the Qur'aan, we find that there is no political function, gathering, or procession in which slogans for the destruction and ruin of the Elders and leaders of the opposing parties are not shouted. We find today that the parties instead of striving for the building of unity and strengthening their forces and working together, every party is working for the downfall of the others, to ridicule and belittle them and wish them dead.

It is so amusing and ridiculous that every party wished the other to be dead, and yet they cry and complain that the Muslims are heading for destruction. (From Allah do we seek help.)

Boundaries of Differences
From the Discourses of Faqihul-Ummat
Mufti Mahmood Hasan Gangohi(rahmatullah alay)