Is tawarraq permissible in Islamic law, given the disagreement among scholars, Ibn Abbas's view on its prohibition, its ability to solve a financial problem for marriage and starting a private business, and does the fear of dubiousness in money justify not undertaking it despite the existence of fatwas permitting it with caution?
Scholars have differed on whether avoiding scholarly differences is an act of wara' (piety/scrupulousness) or not. Some have considered it wara', while others have disagreed. The first view holds that wara' is to abstain from that which scholars have differed upon regarding permissibility and prohibition, to perform that which they have differed upon regarding obligation and permissibility while believing it to be obligatory, and to abstain from that which they have differed upon regarding recommendability and prohibition.
Conversely, the second view maintains that avoiding differences is not wara', because there is no evidence to suggest the expectation of punishment for not doing so, and the Companions and the early generations did not draw attention to this matter. Even if it were considered wara', it would be mandūb (recommended) and not wājib (obligatory), and the dislike for not doing a recommended act falls away with the slightest need. Therefore, the tawārruq that the questioner needs does not fall under this category.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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