Some people often wonder as to why are there differences in the rulings of the religious scholars (Mujtahideen). Which means, why are some minor differences found in the rulings of these scholars for some particular matter, when the rulings are based on four studies - Quran, traditions, consensus amongst scholars and logic.
It should not be forgotten that these scholars are humans like us. Its true that they have studied the Quran, learnt the science of traditions, referred to the opinions of other scholars., are learned people, intellectuals; and bearers of traditions; yet they are human beings. None can question the fact that Allah has bestowed man with varying capacities. The intellect of all human beings is not the same. One Mujtahid might reach a conclusion which might differ from another, on a particular issue. But this difference is not an evidence of either of them being wrong. For there might be a difference in the rulings, yet both can be acceptable and can also be implemented. For example, two engineers draw two designs for a building. If both the designs have planned a strong construction, then both of them are acceptable. And if there is a difference, it is neither a crime nor an offense. On the contrary, it is appreciated that two engineers have designed two different structures for one single building!
To elaborate, let us look at another example. It wouldn't be inappropriate if we translate "Mujtahid" in English as a "Doctor". He is a religious doctor, who composes his opinion, and obeying him is in conformity with logic and reasoning. Thus, to explain the issue further, we take the analogy of a medical doctor for a Mujtahid.
- To write a prescription, a 
												doctor should be aware of the 
												science of Anatomy - the study 
												of the making of the body and 
												the functioning of the joints. 
												So that, he can very quickly 
												detect the origin of the 
												sickness. 
 - He should also be 
												well-versed in the study of 
												Physiology, so that he can 
												follow which organ has failed in 
												its functioning or has 
												functioned contrary to its duty.
												
 - His study of Pathology also 
												plays a vital role. Because with 
												his knowledge of anatomy, 
												physiology and pathology, he can 
												correctly detect the illness and 
												can rightly explain the root of 
												the disease. 
 - Pharmacology is also the subject of a doctor, so that after detecting the illness he can prescribe the right medicine for the patient, in order to relieve him from the illness at the earliest.
 
These are the four basic sciences for which any doctor, be he a specialist or a general physician, devotes an important period of his life. The significance of this study is such that, without its knowledge of which a doctor can never become a specialist. Their importance has made their study the foundation of a doctor's knowledge. For it is from this that he derives the skill to prescribe the right medicine for the sick. However, the prescriptions of the doctors differ, and consequently the constituents of the medicines differ, as well.
Now, the patient after some thought and pondering would definitely wonder, is it that I suffer from two different diseases or have both the doctors failed to diagnose my ailment?
Since he is an intellectual he will visit yet another doctor and present before him his dilemma. Seeing such a case, the third doctor will definitely declare, "My dear friend, both the doctors have diagnosed the same ailment, but since both are human beings, differing in intellect and analysis their prescriptions contain disparities. Although their prescriptions differ, the medicines are the same. The variance being the medicines of one prescription are manufactured by one pharmaceutical firm, the medicines of the other are manufactured by another firm. It wouldn't matter which medicine you use, both will have the same beneficial effect."
The system of the Mujtahideen is in perfect consonance with this example. They too base their rulings on four basic sciences - Quran, traditions, consensus and logic. As for the differences in the rulings, it is absolutely analogous to the differences between the doctors. Like the differences in the prescriptions, differences in the rulings is found, and the possibility of any damage is again remote. Because, like the third doctor, if another Mujtahid is referred, he will not term it as a difference but understand them both to be right on account of different analysis.
Jurisprudence 
											and Its Sources :
											Literally, jurisprudence (Fiqh) has 
											numerous meanings - Minute analysis 
											and understanding resulting from 
											intelligence, cleverness and 
											relentless effort. 
The Science of 
											Jurisprudence :
											The science of jurisprudence implies 
											the knowledge of the practical laws 
											and commandments of religion, which 
											are essential in one's individual 
											and social life. As jurisprudence 
											means, to understand Allah's 
											commandments and acting upon them, 
											it is necessary that, to consider 
											any action as a duty towards Him, 
											its validity is established. So that 
											one is convinced about the acts and 
											the program of life which Allah has 
											designed for man. Consequently, the 
											scholars have defined Jurisprudence 
											as, "The science of knowing the 
											religious ordinances with proofs and 
											concrete evidences." 
Sources and 
											References of Jurisprudence :
											Just as sources and references are 
											presented to prove the validity of a 
											ruling in any practical law, 
											evidences also exist in 
											Jurisprudence. These sources help to 
											establish the rulings as religious 
											which are, as is well-known amongst 
											the scholars and the learned, four 
											in number - 
- The Holy Quran
 - The Sunnat: Literally Sunnat means way of life and tradition. Terminologically, it means the sayings and traditions of the Holy Prophet (s.a.w.) and his twelve successors.
 - Consensus (Ijma'): It is an opinion for a particular matter, to which all religious scholars of all ages subscribe to. If there is apparently no clear Quranic verse or authentic tradition in this regard, the unanimity of the scholars is considered to be acceptable to Allah and the Masoomeen (as). Thus, it is considered to be "Proof" (Hujjah), and the unanimity is termed as ijma'.
 - Logic: Fundamentally in Islam, the judgment of the intellect and acceptance of reasoned proofs, is considered as a foundation not only for religiousness and honesty but also for humanity. Thus, along with the above-mentioned three sources, logic is added to be the fourth source.
 
Inshallah, in the following lessons we shall deal with each of the above sources at a greater length. We request our respected readers to kindly read the treatise first in solitude, and then once again with their friends and relatives. However, still if any point remains unclear, kindly do write to Al-Montazar.
