Is exiting a strong disagreement in jurisprudential issues obligatory or recommended? And has any scholar stated the obligation of exiting a disagreement, such as the issue of the niqab, for example? And is it obligatory for a woman to exit this disagreement and wear the niqab, or is it recommended for her to do so? And where can one find a detailed discussion of this issue – in the science of Fiqh, its Usul (principles), or in the Fiqh legal maxims?
Departing from a difference of opinion is recommended, not obligatory. It is done as a precaution when the is not known and the truth is not clear. If the ambiguity is removed, then there is no meaning to it. Differences of opinion are of several types: Regarding prohibition and permissibility, it is by avoidance. Regarding recommendation or obligation, it is by performing the act. Regarding legality, it is also by performing the act, provided that the opponent's evidence is not extremely weak, and that it does not lead to abandoning a proof, falling into another disagreement, contradicting an established Sunnah, or weakening one's comprehension. The majority of jurists have gone to the opinion that it is recommended to observe the difference of opinion by avoiding what is disputed as being prohibited, and by performing what is disputed as being obligatory. This topic is discussed in books of legal maxims (Qawa'id Fiqhiyyah) and principles of Islamic jurisprudence (Usul al-Fiqh), and it is considered a form of piety (wara').
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/134293
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 134293
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy