Agree to Disagree: How Ikhtilāf Enabled Muslim Scholars in the Early Islamic Period to Co-Exist

Since the time of the Prophet there has been an acknowledgement of a plurality of understanding among the Companions of the Prophet. Due to the inherent ambiguity found in certain sections of the Quran as well as variations regarding the practice of the Prophet ‘sunna’ differing opinions inevitably occurred. This plurality of understanding continued after the passing of the Prophet and the generation of his Companions as scholars within the early Islamic period (approximately 7th-10th centuries CE) would debate about the accurate understanding and application of Islamic law ‘sharīʿah’. The geographical expansion of Islam from its centre in Medina to regions like Kufa, Cairo, Damascus further enriched this methodological diversity, eventually leading to the establishment of distinct legal schools of thought ‘madhāhib’, [sing. madhhab] in these areas. The eponyms of these madhhabs along with their students and peers inherited and maintained an openness to alternative perspectives all the while championing their own understanding as the most accurate representation of Islamic law. As a result, a tradition developed which valued both scholarly conviction and intellectual flexibility. This study examines scholarly acceptance of differing opinion ‘ikhtilāf’ amongst the early scholars of Islam. By analysing a comprehensive range of khilāf works, literature which documents legal disagreements, associated with scholars including al-Layth bin Saʿd (d.791 CE), Mālik ibn Anas (d.795 CE), Abū Yūsuf (d.798 CE), Muḥammad ibn Ḥasan al-Shaybānī (d.805 CE) and Muḥammad ibn Idrīs al-Shāfiʿī (d.805 CE) this research will examine how these figures articulated their differences all the while demonstrating that at the heart of their debates was an acceptance to the legitimacy of differing opinion. This is not to ignore occasions where these scholars were critical of their peers. At times, such criticism would be harsh, and this intellectual critique existed alongside a respectful sentiment expressed by scholars in the khilāf works. However, it is clear through examining such works that a sophisticated legal culture existed in the early Islamic period where scholars could forcefully defend their positions while remaining open to alternative opinions. It is precisely this acceptance of differing opinion ‘ikhtilāf’ that deserves further study as it reflects a distinctive feature inherent to Islamic law.<p></p>

Author dc:creator

• Nathan Gubbins (21041615)

• Ikhtilāf
• Muslim Scholars
• Early Islamic Period

Statement dc:rights

• All rights reserved

Identifier

10779/exe.32050365.v1

OAI identifier oai:identifier

oai:figshare.com:article/32050365