Is it permissible to seek dispensation in matters of divorce—when necessary—to avert harm, such as the children becoming homeless or a final, irrevocable separation occurring, given that prominent scholars have issued fatwas that divorce does not take place, contrary to the majority opinion?
It is permissible to take advantage of the accredited opinions of scholars to alleviate hardship, provided that the person seeking the concession is confident in the validity of the opinion they choose. If a person is not confident in a fatwa, they are not permitted to act upon it, based on the saying of the Prophet, peace and blessings be upon him: "Consult your heart, even if people give you a fatwa, and give you a fatwa." For a fatwa does not discharge one's responsibility if the questioner knows that the matter is intrinsically contrary to what was stated in the fatwa, or doubts it, or is ignorant of it, or does not trust the mufti. In the event of not trusting the mufti, one should ask someone else until reassurance is achieved.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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