438 – I have observed that Allah censures disagreement only in the very matter wherein He has established the proof against people and given them no leave to differ.
439 – He said, “That much I understand, but what evidence shows you that whenever no explicit textual ruling exists, disagreement is permissible?”
440 – I replied, “Allah has made it obligatory for people to face the qiblah toward the Sacred Mosque. He says: ‘And from wherever you set out, turn your face toward the Sacred Mosque; indeed, that is the truth from your Lord, and Allah is not unaware of what you do. And from wherever you set out, turn your face toward the Sacred Mosque, and wherever you may be, turn your faces toward it’ (al-Baqarah 2:149). Now imagine we are travelling and differ about the qiblah: it predominates in my mind that it lies in one direction, while for someone else it seems to lie in another. In such a case, what is our duty?”
441 – If you say, “The Kaaba itself,” I reply that although its location is plain, it is hidden from those far away. They must therefore strive to the utmost to face it, following whatever indications prevail in their hearts; once they have done so, disagreement is permissible, and each has fulfilled his obligation by exercising ijtihad in pursuit of a truth concealed from him.
442 – I also said: Allah states, “from among those whom you deem acceptable as witnesses” (al-Baqarah 2:282), and He says, “two men of upright character from among you” (al-Talaq 65:2). Now consider two judges before whom the same two witnesses testify: to one judge they are upright, whereas to the other they are not. What, then, is required of us?
443 – He replied, “The judge who regards them as upright must accept their testimony, while the other, who does not, must reject it.”
444 – I asked, “That is disagreement, is it not?”
445 – He said, “Yes.”
446 – I then remarked, “So you have, after all, treated disagreement as producing two distinct rulings.”