No Compulsion in Matters of Permissible Ijtihaad
Imam Ibn Taymiyyah

Majmoo` Fataawaa (30/79-80)

Ibn Taymiyyah, may Allaah have mercy upon him, was asked about a person in authority, whose view is that partnerships involving shared labour are not permissible. Can he prevent the people from this?

The reply: "He cannot prevent the people from this, nor from the likes of
this, because it is from the permissible Ijtihaad. Neither does he have any
text from the Book, the Sunnah or the consensus to prevent this, especially
when most of the scholars are of the view that the likes of this is actually
permissible; and this is what has been acted upon by the Muslims in their
lands in general. This is just like a judge who is not allowed to negate the
judgement of others in the likes of such issues, nor is it for the scholar or
the muftee to compel the people to follow him in the likes of such an issue.
This is why when ar-Rasheed sought from Maalik that the people should all
adopt his al-Muwatta' in the likes of these issues, the latter prevented him
from this and said: "The Companions of Allaah's Messenger sallallaahu `alayhi wa sallam spread out into different regions; so each community took the knowledge that reached them."

Once a person wrote a book about the various different opinions, so Ahmad
said:"Do not call it the book of differences (kitaabul-ikhtilaaf), rather call it
the book of leeway (kitaabus-sa`ah)."

Due to this, one of the scholars stated: "Their consensus is a decisive proof, whereas their differing is a comprehensive mercy."

`Umar ibn `Abdul-`Azeez said:"What would make me feel uneasy is if the Companions of Allaah's Messenger sallallaahu `alayhi wa sallam did not differ. Since when they concur upon an issue, then anyone who opposes them will be considered a deviant. But if they differ, then one person can adopt one of their views, whilst the other can adopt the other view; hence there would be flexibility in this matter."
Likewise, Maalik and other scholars have said:"It is not for the scholar to compel the people to adopt his views."

This is why scholars who wrote books about ordering the good and forbidding the evil - from the followers of ash-Shaafi`ee and others - have stated: Indeed there is to be no forbidding with the hand in the likes of such issues of ijtihaad, nor is it for anyone to compel the people to follow him in his view. However, he may speak about it with knowledge-based proofs. Whoever then sees the correctness of one of the two views, after it being clarified to him, may then follow it. But whoever follows the other opinion, then there is to be no forbidding him. And the likes of these

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