COMPARATIVE FIQH: THE ANTIDOTE TO RELIGIOUS STAGNATION

The 10th Series of the Perkampungan Sunnah, officially organized by the Government of the State of Perlis

Panelist: Ash-Shaikh Ahmad Banajah ḥafiẓahullāh – Archive 05/2025

Why do Muslims clash over whether to recite qunūt, say basmalah aloud, or pray twenty or eight rakʿahs in tarāwīḥ? Is every opinion that differs from our teacher’s necessarily wrong—or even deviant? This tadhkirah offers a powerful reflection on the richness of Islamic jurisprudence and the dangers of narrow-mindedness. Through the lens of comparative fiqh, we are called to escape religious rigidity and embrace the mercy Allah has placed within scholarly diversity. After all, nearly two-thirds of fiqh issues are based on scholarly disagreement (khilāf), not unanimous consensus.



📘 Introduction

Throughout Islamic intellectual history, the Ummah has not only been tested with ignorance, but also with rigidity—a refusal to engage in intellectual flexibility. This stagnation often stems not from a lack of knowledge, but from fanatic loyalty to one school of thought. When people assume their madhhab or teacher is the sole possessor of truth, they effectively shut the door to legitimate scholarly diversity.

Comparative fiqh (fiqh al-muqāran) is not a confusing subject; it is an intellectual discipline that illuminates how legal diversity within Islam is a mercy, not a threat. This tadhkirah highlights two foundational insights:

  1. Two-thirds of fiqh rulings are areas of legitimate scholarly disagreement.

  2. Fanaticism is one of the greatest contributors to intellectual stagnation and sectarian division.

It also brings clarity to the distinction between amr bi-l-maʿrūf (enjoining good) and nahi ʿan al-munkar (forbidding evil), especially in matters that fall within acceptable juristic disagreement.


📚 Summary of Key Benefits from the Tadhkirah


1️⃣ Madhhabs Are Ijtihād-Based Interpretations, Not Absolute Truths

Islamic legal schools (madhāhib) are structured methodologies for interpreting revelation—not infallible authorities. To insist on one school as the only valid path while rejecting others without proper evidence is a form of intellectual injustice.

📌 “A madhhab is a means to understand the law, not the law itself.”


2️⃣ Differences in Fiqh Are Natural, Not Deviant

Disagreement in secondary issues (furūʿ) is a natural part of the Islamic legal tradition. From whether to recite basmalah aloud to the number of tarāwīḥ cycles—our scholars have differed with respect and proof.

🧭 “The Ummah didn’t fracture because of differences, but because of the failure to manage those differences with integrity.”


3️⃣ Fanaticism Is Practical Stagnation

Religious rigidity emerges when a person defends only the views of their own teacher or group while rejecting others out of ignorance or pride. This is not a sign of strength—but a symptom of stagnant thought.

🚫 “To reject without understanding is not scholarship—it’s dogmatism.”


4️⃣ Comparative Fiqh Broadens Perspective and Heals Division

Fiqh al-muqāran is not about mixing rulings irresponsibly. It teaches us to appreciate the why behind legal positions, training Muslims to approach differences with fairness, not fury.

🤝 “This discipline doesn’t demand agreement, but it commands respect.”


5️⃣ In Disputed Matters, Promote Good—Don’t Condemn Others

When scholars differ, our role isn’t to play judge and jury. Instead, we prioritize amr bi-l-maʿrūf (promoting good) with wisdom and care. Allah commands this before nahi ʿan al-munkar—a reminder to build before we criticize.

🌿 “In most fiqh matters, what we need is gentleness, not condemnation.”


6️⃣ The Great Imams Respected One Another’s Differences

Imām Ahmad praised Imām al-Shāfiʿī. Imām al-Shāfiʿī venerated Imām Mālik. Though they held differing views, their mutual respect never faltered. Sadly, many modern followers show more hostility in their name than the imams ever did themselves.

🌟 “To claim the legacy of the Salaf while ignoring their etiquette is self-contradiction.”


7️⃣ Misusing Knowledge Can Become Its Own Form of Evil

When knowledge is weaponized to condemn rather than connect, it loses its light. Religious zeal must be balanced with humility. Even the People of the Book went astray not from ignorance, but from misusing the truth they had.

⚖️ “Knowledge without ethics becomes a tool for division and spiritual arrogance.”


8️⃣ Blind Loyalty to Scholars Can Obscure the Truth

When we equate our teacher’s view with divine truth—without recognizing the breadth of authentic scholarly positions—we may be defending personalities rather than evidence.

🧩 “Truth is not defined by names, but by proofs. Follow evidence, not ego.”


🏁 Conclusion: Islam Is Vast—Don’t Narrow It With Fanaticism

This tadhkirah is a reminder that Islam is a religion of mercy, breadth, and wisdom. We are not called to erase our madhhab, but to elevate our understanding of it—by learning how to respect others without compromising our principles.

🎧 Listen to the full tadhkirah—perhaps it will be the moment you move from rigidity to intellectual maturity, and from division to unity.  Islam is vast—don't let narrowness of mind turn mercy into intolerance.