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What is the ruling on one who adopts the view of Ibn Taymiyyah and those who agreed with him regarding the non-occurrence of divorce during menstruation, and whose heart is assured by the fatwa without resorting to the court, because the judge rules on the occurrence of divorce during menstruation, and who takes the fatwa from the perspective of facilitation (taysir) and not from the perspective of dispensations (rukhus)?

1 min readAlso available in العربية

The Muslim, in matters where scholars differ, acts according to what he believes is most likely the truth. This is either by examining the evidence and acting upon the most preponderant opinion, if he is capable of doing so, or by following the most trustworthy scholar if he is not qualified.

If opinions are equal and none is more preponderant, some scholars may consider taking the easiest opinion. However, if one is not at ease with an opinion, it is not permissible to act upon it, for the Prophet, peace and blessings be upon him, said: "Consult your heart, even if people give you a fatwa and give you fatwas."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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