by the scriptural texts and the early consensus—for example, some among the early and later generations regarded certain forms of usury as lawful, others regarded certain kinds of intoxicating drinks as lawful, and still others regarded fighting during civil strife as lawful.

The adherents of the Sunnah and the community agree that none of those known for their virtue—including the well-known Companions and others who fought on either side at the Battles of the Camel and Siffīn—is to be judged a transgressor, much less declared an unbeliever. Some jurists even extended this principle to all rebels: although they held that fighting them was obligatory, they prohibited judging them to be transgressors because they acted on an interpretation. These imams likewise state:

“Someone who drinks the disputed beverage nabīdh on the basis of an interpretation is neither flogged nor deemed a transgressor.”

Allah Most High says:

“And remember David and Solomon, when they judged concerning the field into which a people’s sheep had strayed by night; We were witness to their judgment.”

“We gave Solomon understanding of the case, and to each We gave judgment and knowledge.”

And He Most High says:

“Whatever palm trees you cut down or left standing on their roots, it was by Allah’s permission.”

It is established in the authentic hadith collections, through the reports of ‘Amr ibn al-‘Ās and Abū Hurayrah, that the Prophet, may Allah bless him and grant him peace, said:

“When a judge exercises independent judgment and reaches the correct decision, he has two rewards; when he exercises independent judgment and errs, he has one reward.”

It is also established in the authentic collection, on the authority of Buraydah ibn al-Husayb, that the Prophet, may Allah bless him and grant him peace, said:

“When you besiege the people of a fortress and they ask you to let them surrender subject to Allah’s judgment, do not let them surrender subject to Allah’s judgment. Rather, let them surrender subject to your judgment and that of your companions, for you do not know what Allah’s judgment concerning them is.”