Differences, pros and cons, will always appear in the dynamics of life. Let not the origin of man, who comes from the Most True, Allah azza wa jalla, raises the pros and cons. From the estimates of world population calculations based on religion, people in this world who agree that God is their God (Islam) is only 22% of 6.879.200.000 world population.
Therefore, the difference is something that is inevitable for us, we can not avoid the difference. Allah says: "... If Allah willed, He will make you one (only), but Allah will test you for His gift to you, then compete to do good. Only unto Allah is all of you, and He has given you the things which you disputed "(Surah 5:48)
The difference of opinion, in the corridor of scholarship is a blessing to us, that difference will enrich our knowledge, and this has been proved by the great scholars of the past such as Hanafi, Maliki, Shafii and Hambali imams, may Allah bless them. However, what we regret is that debate sometimes we forget the other teachings of God, that is affection, not infrequently we see dirty words just slide, scolding, blasphemy and even the infidelity so easily we hear. If we see those who argue with the neglect of akhlakul karimah usually from circles that we do not know its capabilities in science, but so, unfortunately, there are also among those who argue without regard to ethical precisely from circles we know knowledgeable.
How much we find differences of opinion, from the clergy to the laity, the differences, the opposition is so low, if we browse the pages - the pages on the internet, not a few we find arguments that crowded, even leads rough. So for some we feel irritated with these contradictions, the various attitudes shown by us for differences, especially differences among scholars, some of us in responding to differences among scholars opinion, among others, as follows: Confused and disappointed with the scholars. Is not Islam one, God is ahad, Prophet Muhammad is the last Prophet, and the Qur'an was one, then why kok many differences of opinion. Suppose the scholars want to return to the Qur'an and the Hadith will undoubtedly be no more disagreements.
In this article, we are not discussing the wisdom behind the difference, but we will discuss why that difference exists, in the hope that it will foster our understanding of our different opinions. Among the many "asbab al-ikhtilaf" of our scholars will find that the difference of opinion is precisely because of holding on to the Qur'an and Hadith; we will be amazed to find that the distinction is open because the Qur'an itself "deliberate" the emergence of that distinction. We will find that differences of opinion, at some point, are impossible to erase.
Differences in understanding the Qur'an.
The Qur'an is the first grip of all Imams of the School and the clergy. It's just that they are often different in understanding it, because:
A. There are some lafaz al-Qur'an containing more than one meaning (mushtar).
Example lafaz "quru" in QS 2: 228. Where quru 'can mean holy can also mean haidh. Even before the verse was revealed, Quru 'was known to the Arabs that he had two meanings; Holy times and dirty periods.
Did not Allah know this difference? But Allah does not say with Sharih what is meant by Quru 'words. If God wants to eliminate differences of opinion, of course God can choose a definite word only, whether sacred or menstruation. Apparently God chose the word "quru" which contains two meanings in Arabic.
There are scholars who argue that God seems to deliberately choose the word "quru" "so that we can use our intellect to understand it. This shows that Allah Almighty with His wisdom does want a difference of opinion among the Mujtahids in this matter.
Due to the difference lafaz "quru" this, some friends (Ibn Mas'ud and Umar) view that when the woman was bathed from her third menstruation, then just finished iddahnya. Zaid bin Thabit, another prophet's companion, saw that with the coming of the third menstrual period the woman had finished her period (though not yet bathed). Behold, even the Companions of the Prophet differ in this regard.
B. The composition of the verses of the Qur'an opens the possibility of disagreements.
The letters "fa", "waw", "aw", "illa", "hatta" and others contain many functions depending on the context. For example, the letter "FA" in QS 2: 226-227 contains two functions. Some see the letter "FA" that works "li tartib dzikri" (arrangement in speech). Some argue that the letter "FA" in the above verse serves "li tartib haqiqi" (arrangement in reality). As a result the first group argues that the husband after the 'ila (take an oath not to interfere with the wife), must intervene with his wife before four months, when it is past four months then fell talak. The second group argues that the demand to intervene with the wife (to avoid the fall of talaq) after four months.
C. Differences view lafaz 'am - typical, mujmal-mubayyan, absolute-muqayyad, and nasikh-mansukh.
Lafaz al-Qur'an sometimes has a general meaning ('am) so it requires a verse or hadith to specialize its meaning. Sometimes there is no qarinah (or guidance) to specialize, even found (eg after tracking down his asbabun nuzul) that the lafaz is indeed am but it turns out to be special (lafzh 'am yuradu bihi al-khushush). It may be otherwise, the lafaz is common but is meant specifically (lafzh typical yuradu bihi al-'umum). The first example, Qs at-Taubah verse 103 is the word "amwal" (treasure) but not all property is obligated to zakat (the general meaning of the property has been devoted to some kind of property only). The second example, in QS al-Isra: 23 mentions the prohibition to say "ah" to both parents. The specificity to say "ah" was announced that other acts that also hurt parents included in this prohibition (eg hitting, etc.).
Well, the problem is, in other cases different scholars see one verse as follows:
Lafaz is common and indeed intended for public, or
Lafaz is general but it means to be special; and
Lafaz is special and indeed special; or
Lafaz is special but the meaning is general.
Similarly, the differences between mujmal-mubayyan, absolute-muqayyad, nasikh-mansukh, the scholars have the rules they take in order to understand them (I am afraid this discussion will be very technical, for that to be clear please refer to ushul al- Fiqh).
D. Differences in understanding lafaz commands and prohibitions.
When there is a lafaz shaped "amr" (command) the scholars take three possibilities:
al-aslu fil amri lil wujub (basic "command" it is mandatory to do)
al-aslu fil amri li an-nadab (the basic "command" is a sunnah to do)
al-aslu fil amri lil ibahah (basic "command" it is a mubah to do)
For example lafaz "kulluu wasyrabuu" (eat and drink) using the command form, but the meaning is mubah. Lafaz "fankihuu maa thaba lakum minn nisa '" (marry the women you like) also use the command form. Well, there are scholars who see that it is obligatory (the school of Zahiri), and there are those who see the sunnah (jumhur ulama).
Wallahua'lam
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