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Contested: This record includes matters on which scholars differ. The speaker's views are labelled as his, and other views are marked where no cited source yet exists.
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Summary
The question of taswib and takhti'a belongs to ijtihad in legal theory: when two mujtahids reason on a question and differ, are both right, or is one right and the other mistaken? It comes up in the life of al-Kasani in the introduction to the edition of Bada'i' al-Sana'i'. 1
The debate as the editors relate it
The editors relate that al-Kasani debated this question with a jurist in the land of Rum; the jurist said the report from Abu Hanifa is that every mujtahid is right; al-Kasani said: no, the sound report from Abu Hanifa is that of two mujtahids one is right and one mistaken, and the truth lies on one side, and what you say is the Mu'tazila's doctrine; words passed between them and ended with al-Kasani raising his whip at the jurist, which led to his being sent as an envoy to Aleppo. 1 2
Not covered here
This entry rests only on the report of the debate; the treatment of the question by Sunni and other legal theorists is to be added from books of usul.
Opinions on the question
The question: When two mujtahids differ on a question, are both right or is one mistaken?
First opinion · Sunni tradition (the museum's frame) · Sunni, Hanafi: al-KasaniMain reference
More opinions (2)
Sunni tradition (the museum's frame) · Sunni, Hanafi: the jurist he debated (unnamed)Main reference
The Mu'tazili view from their own books: not yet sourced (needs_source) viewOther opinion
Connections
People and things also explored
The four kinds of muftis· Irshad al-Fuhul ila Tahqiq al-Haqq min Ilm al-Usul· Ijtihad (independent juristic reasoning)· The eight principles of education in the Qur'an and Sunna· IIFA resolution 262 (7/26) on sharia governance in Islamic financial institutions· May one ask artificial intelligence for a fatwa?· Biting and the liability for injury it causes (add)· Justice and uprightness (adl)
Sources
- al-Kasani, Bada'i' al-Sana'i' fi Tartib al-Shara'i', vol. 1 (ed. Ali Muhammad Mu'awwad and Adil Ahmad Abd al-Mawjud, Dar al-Kutub al-Ilmiyya, 2003) , p.74
- al-Kasani, Bada'i' al-Sana'i' fi Tartib al-Shara'i', vol. 1 (ed. Ali Muhammad Mu'awwad and Adil Ahmad Abd al-Mawjud, Dar al-Kutub al-Ilmiyya, 2003) , p.75
Cite this page
islam.museum contributors. “Is every mujtahid right? (taswib and takhti'a)”. islam.museum, https://islam.museum/en/concept/taswib-al-mujtahidin/. CC BY-SA 4.0. Last updated 2026-11-06.
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