Differences among the fuqahaa’
Question

                What is the meaning of the expression, “This is a controversial matter, this is a matter concerning which the fuqahaa’ differed”? What is the correct attitude towards this?
Praise be to Allah.Undoubtedly there 
          are matters concerning which there are differences among the scholars, 
          matters which are subject to ijtihaad. What the scholars have said, 
          in the past and in modern times, about controversial matters and ijtihaad 
          is well known, but nowadays it is stirred up in a manner that takes 
          it beyond the framework of research into controversial matters which 
          are the subject of ijtihaad.
·In most cases, controversy 
          is stirred up in matters which are regarded as social or academic issues. 
          The purpose is not mere differences of fiqhi opinion. Many westernizers, 
          for example, stir up issues that have to do with women, concerning which 
          scholarly differences have been reported. The motive for doing this 
          is far removed from mere differences of fiqhi opinion. It is an excuse 
          for westernization that will soon go beyond the disputed issue to affect 
          matters which are indisputably haraam. 
·These issues are stirred 
          up by people who are not scholars or fuqahaa’, who do not have a proper 
          understanding of research into matters of sharee’ah. They only adopt 
          the views of fuqahaa’ which happen to suit their own whims and desires. 
          
·In most cases they take 
          things out of context, and the fiqhi dispute is taken as an excuse and 
          is applied to a wider range. 
The 
          following has to be said about this matter: 
 -that there is a difference 
          between matters of controversy and matters which are subject to ijtihaad. 
          Not every issue concerning which there are reports of differences among 
          the scholars can be counted as a matter in which no views may be denounced 
          [i.e., all are acceptable]. That applies only to matters of ijtihaad. 
          Ibn al-Qayyim (may Allaah have mercy on him) said: “Their view that 
          in matters of dispute no views may be denounced is not correct. The 
          denunciation is directed either at the opinion and fatwa, or at the 
          action. In the first case, if the opinion goes against Sunnah or a well-known 
          ijmaa’ (consensus), it must be denounced unanimously. This confusion 
          arises when the one who says it believes that controversial matters 
          are matters which are subject to ijtihaad, as is believed by groups 
          of people who do not have deep knowledge. The correct view is that of 
          the imaams, which is that there is room for ijtihaad in cases where 
          there is no clear evidence which we should follow, such as a saheeh 
          hadeeth which does not conflict with other evidence of the same calibre 
          . There are many ssues concerning which the earlier and later generations 
          differed, but in many cases we have reached a point of certainty as 
          to which of the two views is correct.” (I’laam 
          al-Muwaqqi’een, vol. 3/288). 
-The reference point in 
          all cases must be the texts of the Qur’aan and Sunnah. When there is 
          saheeh evidence it must be referred to and followed; it is not right 
          to follow the opposite view with the excuse that there are differences 
          of opinion on the matter. If the saheeh Sunnah which has been reported 
          via a sound chain from the Prophet  
          (peace and blessings of Allaah be upon him) is rejected because there 
          is someone who says something different concerning this matter, this 
          implies that a person thinks that the words and commands of the Prophet 
           (peace and blessings of Allaah 
          be upon him) do not carry any weight unless people unanimously agree 
          with it, and the fact that someone disagrees with it, no matter who 
          he is, is taken as a reason to take away this authority [of the Sunnah] 
          and leave the matter wide open (to dispute). This is a dangerous path, 
          and the one who follows it needs to review his faith. 
-It is essential to pay 
          attention to teaching people to submit to Allaah and to respect the 
          texts of sharee’ah, and to take their religion seriously, and to avoid 
          easy options and the mistakes made by the scholars. 
-Beware of entering into 
          debates of fiqh with such people on such topics. This is what they want. 
          It is possible and is acceptable for a man to look into a matter and 
          discuss it with knowledgeable people who understand the specialized 
          terminology of fiqh, and who sincerely desire the truth and are striving 
          for it. But those who stir up these issues do not have a good understanding 
          of the terminology of fiqh or of the objectives of sharee’ah; they are 
          simply interfering with something which they are not qualified to handle, 
          and their desires have led them to indulge in discussing matters of 
          religion.