What is the difference between a weak opinion (qawl ḍaʿīf) and a less-preferred opinion (qawl marjūḥ)? Is it permissible to adopt religious concessions (rukhṣa sharʿiyya) without necessity or need, and what is the preponderant opinion (rājih) on this matter?
Scholars differ on the permissibility of adopting the concessions (rukhus) of different jurisprudential schools (madhahib) and seeking out the easiest among them, falling into three main opinions: absolute prohibition, absolute permissibility, and permissibility with conditions. Among these conditions is that it should not lead to the annulment of a ruler's judgment or a departure from scholarly consensus (ijma'). There is no objection to adopting concessions and combining between madhahib, whether through (independent reasoning) and (preferring one opinion over others), or through (following) by a common person for someone whose knowledge they trust. The opinion that one must act upon the stronger () view does not contradict the leniency of , because the truth is one in every issue, and acting upon the stronger view means acting according to what the evidence necessitates, not according to whims. The leniency of Sharia is evident in rules such as: necessities permit prohibitions, hardship brings ease, and when a matter becomes difficult, it expands. It is permissible for a mukallaf (accountable person) to adopt the easier opinion when there is a need. There is no clear difference between a weak opinion and a less-preferred (marjooh) opinion except by considering the type of disagreement.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/135194
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 135194
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy