Is a lay Muslim's adoption of the opinion of a respected scholar on a jurisprudential issue, such as divorce, considered a form of ijtihad that cannot be overturned, or can it be overturned on the grounds that he is a follower (muqallid), even if he adopted the opinion of an independent mujtahid scholar?
If a mujtahid (independent jurist) issues a , and then his changes and the muqallid (follower) becomes aware of this, then:
If the muqallid has not acted upon the first fatwa, he is not permitted to act upon it.
If he has already acted upon it before the mujtahid's retraction: - If the ruling contradicted a definitive proof, it must be annulled. - If it was a matter subject to ijtihad, then ijtihad is not overturned by ijtihad. Therefore, he is not obliged to annul it except in matters of marriage and divorce, as a precaution for private parts and sexual relations.
There is a difference of opinion among scholars regarding obliging the muqallid to annul the first action. Some oblige him, some do not, and some differentiate between marriage and other matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 160966
- 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