مفهوم الاختلاف الفقهي والبدعة: نحو محاولة حَلِّ مشكلة التبديع في الواقع الإسلامي الراهن

• Main Author: سيد سالم سيد شمس الدين//Syed Salim Syed Shamsuddin
• Published: Universiti Sains Islam Malaysia 2017
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/14055

The concept of different opinion in Islamic Jurisprudence (Al-Ikhtilaf Al-Fiqhi) is strongly associated with the concept of Ijtihad and Mazahibs, as the mujtahids make their ijtihad based on legal texts that are naturally prone to different understandings in interpretations. It has been unanimously accepted by the classical Jurists that, Islam permits difference of opinions among them, which is due to reasons related to the nature of the intellectual environment as well as that of the legal texts, as long as it is based on reasoning, which is well grounded in revelation, and must be confined to its limitations and etiquettes. In contrast, the concept of Al-Bid‘ah is inadmissible, especially in the matter of Islamic faith and al-qat‘iyyat, though it may be acceptable if it is in line with the Shari‘ah, particularly in the al-zanniyyat. However, any misunderstanding of Al-Bid‘ah may lead to wrong understandings of the concept of Al-Ikhtilaf Al-Fiqhi. This happens when unauthorized people practices Al-Tabdi‘ in ijtihadic matters, claiming that the other parties are doing acts that are not in line with the Shari‘ah. This tendency shall definitely threaten the unity and solidarity of the Muslim ummah, if it is not encountered wisely and properly. Therefore, this article briefly investigates the concept of Al-Ikhtilaf Al-Fiqhi, Al-Bid‘ah as well as Al-Tabdi‘, in terms of its understanding and legal rulings, by putting together the legal texts as well as the sayings and views of the scholars. At the end, the true understanding of these three concepts is seen crucial to help contribute in solving the problem of Al-Tabdi‘ in fiqh and ijtihadic matters in the current Muslim society, so as to safeguard the solidarity and unity of the ummah.