He—may Allah have mercy on him—was asked:
If someone entrusted with an aspect of the Muslims’ affairs follows a school of law that does not permit “labour partnerships,” may he prohibit people from entering into them?
He replied:
He may not prohibit people from this or similar practices in matters open to legitimate juristic interpretation when he has no text from the Quran or Sunnah, no scholarly consensus, or any comparable evidence supporting such a prohibition. This is especially so when most scholars permit such practices and Muslims generally engage in them throughout the lands.
Similarly, a judge may not overturn another judge’s ruling in such matters, nor may a scholar or mufti compel people to follow his position on them. Thus, when al-Rashīd consulted Mālik about requiring people to follow his Muwatta’ in such matters, Mālik advised him against it, saying:
“The Companions of the Messenger of Allah, peace and blessings be upon him, dispersed throughout the lands, and each community adopted whatever knowledge had reached it.”
A man compiled a book on scholarly disagreement, and Ahmad said:
“Do not call it ‘The Book of Disagreement’; rather, call it ‘The Book of the Sunnah.’”