Whom Should We Follow Amid Juristic Differences?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

We often hear about differences among jurists regarding Islamic rulings. Whom should we follow?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Master of the Messengers, his Family, and all his Companions.

Understanding Juristic Differences

It is well known that Islamic rulings are established either by definitive evidence or by speculative evidence. Differences among jurists (mujtahids) arise in matters based on speculative evidence, and these differences stem from clear reasons explained in the field of Islamic jurisprudence (Usul al-Fiqh).

It is important to remember that a jurist is rewarded for his efforts in ijtihad (independent reasoning) regardless of whether he reaches the correct conclusion, as the Prophet (Allah bless him and give him peace) said,

“When a judge passes judgment and strives to reach a decision, if he is correct, he will have two rewards; if he errs, he will have one reward.” [Bukhari; Muslim]

Obligation of Following a Qualified Jurist

Most scholars in Usul al-Fiqh agree that it is obligatory for a layperson—someone without the capacity for ijtihad—to follow the opinion of a qualified jurist and act upon it. The scholar or mufti serves as a transmitter of rulings from the jurist.

Imam Amidi (Allah have mercy on him) said:

“A layperson and one who lacks the qualifications for ijtihad—even if he possesses some of the sciences required for ijtihad—is obligated to follow the opinions of the mujtahids and accept their fatwas according to the confirmed view among scholars of Usul. This is supported by scriptural texts, consensus, and reason.As for the scriptural text, Allah (Most High) says:

‘If you do not know, then ask those who have knowledge.’ [Quran, 16:43]

This command applies universally to all those addressed and is general regarding the requirement to ask about anything unknown.

As for consensus, the general public from the time of the Companions and the Followers, before the emergence of dissenters, would seek fatwas from the mujtahids and follow them in religious rulings. The scholars among them would promptly answer their questions without providing evidence or instructing them not to ask, with no objections to this practice. This consensus thus establishes the permissibility of a layperson following a mujtahid unconditionally.” [Amidi, al-Ihkam fi Usul al-Ahkam]

Conclusion

From this, it becomes clear that it is obligatory for a layperson to follow a qualified jurist and that they should not directly investigate the evidence themselves due to their lack of the necessary skills for interpreting sacred texts.

May Allah guide us to all that is good, bless us with adherence to His Shari‘a, and help us follow His path.

And all praise is due to Allah, Lord of all worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.