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    Islam Qa en 1083

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    msnaiyyer
    The document discusses tension in a home due to differences between a husband and wife over fiqhi (Islamic jurisprudence) rulings. The wife prefers to choose rulings based on stronger evidence regardless of madhab (school of thought), while the husband says she must follow the Shafi'ee madhab since she is not a scholar. The response suggests avoiding sectarianism and following the Quran/Sunnah. It also notes the importance of choosing rulings through knowledge and examining evidence rather than desires. Maintaining marital peace is more important unless the difference of opinion allows for validity of both views.

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    Islam Qa en 1083

    Uploaded by

    msnaiyyer
    160 views2 pages
    The document discusses tension in a home due to differences between a husband and wife over fiqhi (Islamic jurisprudence) rulings. The wife prefers to choose rulings based on stronger evidence regardless of madhab (school of thought), while the husband says she must follow the Shafi'ee madhab since she is not a scholar. The response suggests avoiding sectarianism and following the Quran/Sunnah. It also notes the importance of choosing rulings through knowledge and examining evidence rather than desires. Maintaining marital peace is more important unless the difference of opinion allows for validity of both views.

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    The document discusses tension in a home due to differences between a husband and wife over fiqhi (Islamic jurisprudence) rulings. The wife prefers to choose rulings based on stronger evidence regardless of madhab (school of thought), while the husband says she must follow the Shafi'ee madhab since she is not a scholar. The response suggests avoiding sectarianism and following the Quran/Sunnah. It also notes the importance of choosing rulings through knowledge and examining evidence rather than desires. Maintaining marital peace is more important unless the difference of opinion allows for validity of both views.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    160 views2 pages

    Islam Qa en 1083

    Uploaded by

    msnaiyyer
    The document discusses tension in a home due to differences between a husband and wife over fiqhi (Islamic jurisprudence) rulings. The wife prefers to choose rulings based on stronger evidence regardless of madhab (school of thought), while the husband says she must follow the Shafi'ee madhab since she is not a scholar. The response suggests avoiding sectarianism and following the Quran/Sunnah. It also notes the importance of choosing rulings through knowledge and examining evidence rather than desires. Maintaining marital peace is more important unless the difference of opinion allows for validity of both views.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Tension in the home because of fiqhi differences between husband and wife

    Tension in the

    home because of fiqhi differences between husband and wife


    My husband is a strict follower of the Shafi'ee madhab, while I prefer to
    choose the fatwa which my mind tells me is based on stronger daleel no
    matter what the origin of the school is, whenever there is a difference
    between the well-known madhabs. My husband tells me that I don't have the
    right to do this since I am not a scholar myself. Is he right?
    Please reply if at all possible, because there has been a lot of tension in
    my household because of this.

    Praise be to Allaah.
    In order to answer this question, we must shed light on
    three things:

    we must point out the importance of avoiding sectarianism in following


    any school of thought, whether it has to do with fiqh, thought or anything
    else. We should
    get into the habit of following the Qur aan and Sunnah and letting them be
    our guide.

    There is such a thing as the inclination to follow one of the opinions


    of the fuqaha , not on the basis of Tarjeeh (weighing and comparing
    evidence) but
    because of a desire to follow the easiest way or because it suits one's own
    desires. A
    person may find some justification for motives that he thinks are correct, and
    does not
    realize they are wrong until later on. Therefore one should only select or
    give preference
    to an opinion either by studying the matter and examining the evidence and
    proofs offered
    by all sides, which should be done by one who has sound knowledge, or
    else by following a
    scholar who is well known to be knowledgeable, religious, pious and

    page 1 / 2
    Tension in the home because of fiqhi differences between husband and wife

    righteous, so that one


    feels confident of his sincerity and wide knowledge.

    Keeping the peace in the marital home is more important than disputing
    as to whose opinion or madhhab should prevail, so long as the issue in
    question is one in
    which differences of opinion are permissible and every opinion has some
    grounds for
    validity. At the same time, it should be pointed out to the husband, gently
    and calmly,
    that it is important to base one s opinions on sound evidence, and that not
    every
    scholarly opinion or madhhab is always correct. The scholars themselves
    said that their
    opinions should be discounted if they contradicted well known evidence, as
    al-Shaafa i said: If my opinion contradicts a hadeeth of the Messenger of
    Allaah
    (peace and blessings of Allaah be upon him), cast it aside (lit. throw it
    against
    the wall).

    If you and your husband are not students of sharee ah with a firm
    grounding of knowledge, then you have to refer to one of the scholars and
    follow his
    opinions. If you agree on a scholar you can both refer to him, and if your
    husband chooses
    someone according to what he thinks is best and you choose someone else,
    there is nothing
    wrong with that. Each of you can follow his or her scholar in matters that do
    not affect
    the other, but in matters where the husband has authority or responsibility,
    the opinion
    of the scholar whom your husband is following should prevail. And Allaah
    knows best.

    page 2 / 2

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