FATWA USING NARRATIVES AND STRONG STATEMENTS WITHIN A SCHOOL AND NOT THE WEAK OR DIVERGENT

The Imam, Salih Ash-Shami

الإفتاء بالأقوال والروايات القوية داخل المذهب:

Giving fatwa with strong and well-established narratives within the School

الحنابلة يُجوِّزون الإفتاء بالأقوال والروايات القوية داخل المذهب ولكنهم لا يجوزون الإفتاء بغير المذهب بخلاف الشافعية في الأمرين..

The Hanbali scholars have given allowance go giving fatwa with strong and well-established statements and narratives[1] within the School but they do not allow giving fatwa outside of that point[2] which is opposite to the Shafi`iis according to two statements on the topic.[3]

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] What this indicates is that one may not give rulings or build rulings on top of rulings, statements or narratives that have been found by the School to be weak, divergent or unaccounted for, which accomplishes the following: (1) minimising mistakes that may happen in ijtihad, (2) ensuring that the rulings or analogies are built upon well researched, strong and well-established rulings rather than divergent ones that could have unforeseen consequences and (3) minimising the unforeseen consequences that come from giving mistaken rulings and what comes from that.

[2] This means talfiq is mostly rejected, for the following reasons: (1) it encourages scholars within the School that have reached the level of mujtahid to make ijtihad, (2) it minimises building weak rulings on top of statements from another School that might have been deemed weak or divergent (by the researchers of the said School), which could have unforeseen circumstances and (3) it minimises unmitigated use of analogy when there is a weak hadith that might be adapted on the topic and thus render the ijtihad that would render that ruling unnecessary.

[3] This refers to the fact that they have two discussions on the matter.

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