If we read usul al-fiqh and examine the many differences of opinion amongst the scholars, we will find that they had foundations and were based on real issues that have validity and substance. If we understand that, this will enable us to rise up spiritually to another level of relationship with our fellow Muslims. It will take us to a higher level so that we begin to have differences that are still based on love and mutual respect. We will begin to see that there are different ways of doing things and that there is validity in them all. We can learn a lesson from the western people who have individuality as one of the foundations of their culture. They respect the rights of people to explore their individuality. There is some good in this understanding, and the Muslims should learn from this even though it is originally from our own deen. We should see that part of their strength lies in this ability. What this will enable us to do is build bridges. Despite the fact that there are two different opinions which place us in two different positions, this love and mutual respect enables a bridge to be built from one perspective to another perspective, and this creates contact; ability for us to visit each other, to be together. The Messenger of Allah, (PBUH), said, "the Muslims are one hand;" "the Muslims are strong;" "a Muslim is strong by his brother;" "the Muslims come together as one hand against those who oppose them;" "the Muslims are like one body: if one part becomes afflicted with some illness, the rest of the body shares in combating that affliction with insomnia and fever. Furthermore, the Quran says, "tanasa'u" "Do not have conflict with one another" The word used is not disagreement-but conflict. "Do not have conflict with one another," and if you do that, the wind that gives you strength to move forward will dissipate, and you will fail in your task. You will fail in what you want to achieve.  Allah (SWT) said, "Rectify what is between you." That is, Allah says to rectify the differences that you have. Rectify the hearts, so that you come together. The Messenger of Allah, (PBUH) said: "The Muslim is a brother of his fellow Muslim. He does not oppress him nor does he give him up to the enemy." Thus, all of these are indications that we should be together in spite of our differences if those differences are based on valid fiqhi differ- ences; and this is why we must look into the jurisprudence related to differences of opinion. We have to realize that what unites us as Muslims is  much greater than what divides us as Muslims. Our areas of difference are very small compared to  our areas of agreement. This is why we should recog- nize the power of coming together and setting aside our differences.

In the western world, you have arbitrators. In the whole world, you have arbitrators. You don't want to bring in a judge. You want to bring in somebody who arbitrates. What an arbitrator tries to do is get both people to be satisfied so that one does not lose while the other wins. An arbitrator will try to get each group to compromise a little bit, to come to some kind of compromised agreement where they are both content; each one has given up a little bit, but in giving up, they have come together, and there is a win-win situation. You go to the judge as a last resort-"aakhiru dawaa' al-kay: cautery is the final remedy." You do not go to a surgeon initially. The surgeon is always the last one you go to in the line of specialists. Doctors will try to cure you in other ways first and will send you to the surgeon as a last resort.

One of the disasters of the situation that we find ourselves in here is that you have Muslims making hijra to these lands from the Muslim world bringing their baggage along with them. So, they are bringing all of these problems with them that have nothing to do with the new circumstances they find them- selves in. Furthermore, the challenges that they have in these new circumstances are so great that these problems that they are opening up are causing all kinds of trouble for them. Thus, they are not able to unite. They are not able to do things to benefit themselves because they are arguing about all these ridiculous things. There is something that we can learn from in the rule of the Maliki school. This interesting rule a group of Muslims can stand in lieu of a judge." That is, the group can actually take the place of a judge.

The twelve jury system in USA was taken by western people from the Maliki school. The principle is that a jury of peers will judge you because in those days they did not have judges. The wisdom behind this principle that Imam Malik was indicating is that when people come together, there is a synergis- tic power of unity in which they will more likely be right in their judgments than wrong.  So, if the group makes a judgment, their judgment has the weight and authority, in the Maliki school, of a legal scholar making a judgment based on his knowledge of the sharia'.

  The Need for Three Institutions

In order for us to come to a point where we can work together in spite of our differences, or with our differences, we need three institutions.

The first one is the institution of fatwa. Fatwa is a non-binding legal opinion. It is not binding on all the Muslims. It is binding on those who ask for it, but it is a non-binding opinion, and there is room for differences and other opinions. The mufti is somebody who gives legal opinions based on the understanding-on the ijtihaad-of all of the different areas of need in the sharia', such as marriage, the rules of buying and selling, the rules of prayer, and the rules of tahaara (cleanliness and purification). The mufti is involved in all of these different things. So, we need an institution that deals with this for the Muslims. They need a sound source for guidance when these issues occur in which there are differences.

The second institution is an institution that issues rulings (tahkeem). In this culture, it is called people's court. A people's court is where the state does not get involved with the case. The parties that are differing agree to go to somebody who will listen to both sides and then make a judgment, and that judgment becomes binding upon them based on the prior agreement of the two. This has been done already in the United States in Texas and New Jersey, so there are Muslims that are doing this, and we should be competing with them in good.

The third institution that deals with sulih which is reconciliation. It deals with bringing people to- gether. Somebody brings the differing groups together and reconciles between them so that they can work together or work separately in peace; thus, they are not fighting each other, undermining each other's work.

All of these institutions are necessary, but it is impossible to get these without having the least amount of respect and desire to bring this about. There has to be a desire for this, and if the desire is not there, then it is a disaster. Furthermore, setting up these particular institutions is not different from setting up other organizations such as those that are created for social issues, for helping the needy, and for doing all the other different things that organizations do. These three institutions are neces- sary for us in order for us to move on and to resolve a lot of the things that are causing

Part. 2: Relationships of Muslims with Other Muslims

"One can resist the invasion of an army, but one cannot resist the invasion of ideas."  V. Hugo