The Majlis Archive
General Fiqh The Majlis Vol 24 No 08, p.9

Hadhrat Thanvi said that when it comes to matters of mu'aamalaat, he will give a Fatwaa on another Madh-hab if it is a case of dharoorat.

Question

Hadhrat Thanvi said that when it comes to matters of mu'aamalaat, he will give a Fatwaa on another Madh-hab if it is a case of dharoorat. He asked permission for this from Hadhrat Maulana Rashid Ahmad Gangohi. Permission was granted.

Answer

We are in agreement with this. We too adopt this for practical purposes when there is a Shar'i Dhuroorat. In fact this is a principle of our Math-hab. Thus, what Hadhrat Thanvi did was to act within the confines of the Math-hab by acting in terms of the principle which allows for such diversion from the Mathhab and incorporation into the Math-hab of a mas'alah from another Math-hab. The mas'alah of four years waiting period for a woman whose husband has disappeared has been acquired from the Maaliki Math-hab. This procedure is entirely correct and within the confines of the Math-hab. But this is subject to a valid Shar'i Dhuroorat. It is not based on whim and fancy to dance to the tune of an ignorant modernist public. Nowadays, just any whimsical need of morons is accepted by the maajin moron 'muftis' for issuing stupid and corrupt fatwas of jawaaz. This trifling with the Deen is fraught with calamitous consequences.

SURAH FAATIHAH

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The Majlis Vol 24 No 08
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