[Q 272] Picking and choosing Islamic verdicts

Question

If there is disagreement among the scholars and there is no مفتى به on it can you follow either side?

بسم الله الرحمن الرحيم

الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

Even if there is a difference of opinion amongst the jurist of fiqh hanafi, for a given ruling, and the words مفتى به are not clearly found for any one opinion, there are still multiple ترجيحات (indicators for giving preference) , such as; one opinion being ظاهر الرواية, it being found within the متون of our madhab, that the مشائخ of our madhab have chosen it, that the jurists have mentioned this opinion before the other opinion, or that the great jurists have sufficed upon mentioning this one opinion. Essentially, there are many ترجيحات that are found (even in such cases), and based upon these one opinion is made راجح over the rest. And to act upon the راجح opinion is both necessary and binding. So in the given case, one must contact the scholars and find out which opinion is راجح.

Answered By: Hammad Madani (Askmufti Scholar)

Verified By: Mufti Sajid Attari

Translated by: Aqib Attari