The Principle of Deference in Islamic Law

The Principle of Deference to variant opinions in Islamic law (قاعدة مراعاة الخلاف) is a legal rule defined by the Kuwaiti Encyclopedia of Islamic Jurisprudence as: “Whoever believes that something is permissible should refrain from doing it if someone else believes it is forbidden. Likewise, with regard to obligation, it is desirable for someone who sees the permissibility of something to do it if there are among the imams those who see it as obligatory.”

Scholarly Views
Some scholars take this rule, including:


 * Al-Zarkashi
 * Izz al-Din ibn 'Abd al-Salam
 * Taj al-Din al-Subki
 * al-Suyuti

Some of these scholars consider that staying out of a dispute is better than getting involved in it, and some of them say that being considerate of a dispute is a form of piety. Those who take this rule cite the Qur'an: “Avoid much suspicion; Indeed, some suspicion is sinful,” and the hadith: “Leave what makes you doubt you for what does not make you doubt.”

Among the scholars are those who do not allow it to be taken, including:


 * Ibn Qayyim al-Jawziyya

Conditions for Application
Applying this principle requires certain conditions to be met.


 * The first condition: that observance does not lead to violating an established text of Sharia, and this includes two issues:
 * The first issue: That observance does not lead to violating the Qur’an or the established Sunnah.
 * The second issue: That observance does not lead to violating consensus (ijma').
 * The second condition: that it is possible to combine the opinions of the scholars. If the imams disagreed about something with more than one opinion, and it was possible to combine their statements, we would combine them and come out of the disagreement.