Is a wife permitted to act upon a fatwa based on the strongest evidence, without being restricted by her husband's Shafi'i madhhab, even though she is not a scholar?
The answer to this question requires defining three aspects: 1. Avoiding Fanaticism for Schools of Thought and Following the Quran and Sunnah: One must accustom oneself to submitting to the Quran and Sunnah and being guided by them, while avoiding fanaticism for jurisprudential or intellectual schools of thought. 2. Criteria for Choosing Jurisprudential Opinions: The choice of an opinion from among the jurists' opinions should not be a preference based merely on desire or seeking out dispensations. Rather, it must be after a thorough study of the issue and a meticulous examination of its proofs by a competent student of knowledge, or by following a scholar renowned for knowledge, piety, and scrupulousness. 3. Maintaining the Tranquility of the Marital Home and the Importance of Relying on Evidence: Preserving the tranquility of the marital home from conflict is more important than disputing over opinions and schools of thought in permissible matters. This is while gently alerting the husband to the importance of relying on evidence and that scholars' opinions are not always correct, as Ash-Shafi'i said: "If my statement contradicts the Hadith of the Messenger of Allah, peace be blessings be upon him, then strike my statement against the wall."
If the spouses are not competent students of knowledge, they should refer to a scholar and take from him. They can agree on a scholar to refer to, and if each chooses a different scholar, then each should follow his scholar in what concerns him. And whatever falls under the husband's authority and responsibility should be carried out according to the opinion of the scholar the husband follows.
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