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The question

What is "talfīq" (picking and choosing) among the sayings of the scholars, and what is its ruling in religion?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The intended meaning of "talfiq" (piecing together) between the sayings of scholars is for a person to perform an action that would be invalid or unlawful according to the collective opinions of scholars, but which could be deemed valid by taking separate opinions from each scholar individually. Scholars have differed regarding the ruling on talfiq, and the correct view is that it is permissible unless it leads to a harm. The resolutions of the Islamic Fiqh Academy have prohibited it in certain cases, including when it leads to following concessions out of whim, or overturning a judicial ruling, or overturning what has been acted upon, or contradicting a consensus, or a composite case that none of the mujtahids (qualified scholars) endorse. However, the (independent reasoning) of a scholar who arrives at a compounded ruling based on evidence is permissible.

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Ftawy
Original fatwa ID
23554
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