Is it permissible for one to follow Imam Ibn Hazm al-Andalusi and adopt his view that the suspension of divorce is not to be considered at all, so that it may be an argument for him before Allah, especially since there is no single decisive legal proof in this matter to distinguish between those who differ? And what is the ruling on reading the fatwas of the imams of the madhhabs and acting upon them?
A conditional divorce intended as a divorce takes effect upon the occurrence of the condition. A number of scholars have reported a consensus on this. As for acting upon the fatwas of the imams, the mujtahid acts upon what he deems most probable based on evidence. Whoever is capable of examining the proofs of the madhhabs and making a preference between them is obligated to act upon what appears strongest to him in terms of evidence. As for the common person, he is permitted to adhere to a specific or not to adhere to a specific madhhab, and he should ask someone he trusts for their knowledge, without following whims or seeking out dispensations.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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