In Islam, everything is halal except proven haram by dalil from the Quran and Sunnah especially matters pertaining to muamalat(human interaction or transaction between humanity). The Quran clearly says:
"It is He who created for you all of that which is on the earth..." (QS 2:29)
Therefore, permissibility does not requires evidence, prohibition requires evidence. If you say something is haram, the first thing you have to check is the Quran.
If Quran is silent about it, then let's see what the sunnah mutawwatir have to say about it. And if sunnah mutawatir is silent about it, then stay cool and keep calm because the scholars will have different opinion about it due to different ijtihad methodology.
Learn to respect others opinion and don't go around making things haram without looking at the evidence and the circumstances. The Quran says:
"Have you seen what Allah has sent down to you of provision of which you have made some lawful and some unlawful? Has Allah permitted you to do so, or do you invent a lie to attribute to Allah?"(Surah Yunus - QS 10:59)
Therefore, when the scholar have different opinion on a matter (khilaf or iktilaf), what should you do? What should the Muslim’s attitude be towards differences that arise between the scholars?
The Quran says The one who does not have any knowledge should ask the scholars, because Allah says: “So ask of those who know the Scripture, if you know not".(Surah al-Nahl: QS16:43)
But which scholarly opinion should the Muslims follow in matters where they differed? Here are the few options that a Muslim should do:
1) Tarjih - look for the strongest opinion among the scholars
If the Muslim has studied Islamic Shariah and have basic knowledge in fiqh principles and minor issues, and he can distinguish right from wrong with regard to scholarly views, then he may follow what he thinks is correct and ignore that which he thinks is wrong.
(Tarjih: http://ilmuislamuallaf.blogspot.my/…/maqasid-syariah-tarjih…)
2) Talfiq - to follow the best combine doctrine derived from the School of Thoughts(Mazhab)
The one who has knowledge of evidence is required to follow the evidence, even if it goes against some of the imams, if it does not go against the consensus of the ummah.
3) Taqlid or Ittiba - Follow own School of Thought(Mazhab)
If a Muslim do not have the basic knowledge of Islamic Syariah, then he must follow the fatwa of a Mazhab.
(Taklid & Talfiq: http://ilmuislamuallaf.blogspot.my/2014/12/taqlid.html)
4) Jumhur/majority - to follow the majority opinion
This concept originated in the Prophetic saying in which he (SAW) said: “My Ummah will not agree on an error, and when you see a disagreement you have to follow the majority.”
Al-Sindi, commenting on this tradition, said: Al-Sawad al-A’zam means the majority group (al-jama’ah al-kathirah) because their agreement is closest to the consensus (ijma’).
Imam al-Suyuti said: [they were] a majority of those who are united in following the right course. This tradition indicates that it is mandatory to follow opinion of the majority (yanbaghi al-‘amal bi qawl al-jumhur).
Jumhur or majority trend, when referring to the majority opinion among the conflicting views of scholars: this does not affect the validity of a minority opinion if it is justified.
(Jumhur: http://ilmuislamuallaf.blogspot.my/2015/09/jumhur-or-majority.html)
5) Specialist - to follow the specialist opinion
A Muslim should ask one who he thinks has more knowledge (alim) on the matter related to his problem and is more religiously committed. Sometime the majority might make a mistake with regard to a particular issue because they are not the specialist on that particular issue and they are not knowledgeable enough to solve that issue.
For example: In a survey from 100 doctors, 90 of them, mostly consisting of General Practitioners and other medical profession not related to gynecology, concluded that a woman giving birth underwater in a pool is not safe.
While 10 Gynecologist said it is safe for women to give birth while in a pool. Whose opinion would you follow?
6) Local scholar - follow the local scholar opinion
The Fatwa of the local Mufti will be preferred if the ruling is based on the Urf (local customs) of that area, if all the conditions of issuing a decree on Urf are fulfilled.
This is because the local scholar or mufti would better understand the condition and other unforeseen circumstances arising from the local area pertaining to a local issue.
For example: a scholar living in a hot climate country could or might give a wrong fatwa to a person living in a cold climate area.
7) Urf/custom - follow the custom of a local society
Qawaid al Fiqhiyyah - Legal Maxim No 5. Custom (adat, uruf) is the basis of judgement.
(Urf: http://ilmuislamuallaf.blogspot.com/…/qawaid-al-fiqhiyyah-l…)
8) Easiest - follow the easiest opinion without breaking the ground rules
Allah SWT says:
"No hardship has been made for you in the religion"(QS 22: 78), “Allah does not want to put on you any difficulty.."(QS 5:6),
'Truly with hardship comes ease" (QS 94: 6)
“Allah desires ease for you and not hardship."(QS 2:185)
9) Leadership - avoid unnecessary disunity, obey the authority and follow the opinion of the local leader opinion
The Prophet (pbuh) said:
“ Whosoever obeyed the leader, he obeyed me and whosoever disobeyed the leader, he disobeyed me.”
(Narrated by Imam Muslim)
10) Conscience - follow your conscience.
The Prophet (pbuh) said:
"Whenever something pricks your conscience, give it up." (Naratted by Ahmed: #22856)
Wallahu'alam
Syeikh Nuruddin Lemu
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