Is Faskh of Nikaah based on Ijma'
Question
Am I correct in understanding that Fasakh as understood by the Ahlus Sunnah wal Jamah is based on the ijma practice of the Sahaba (Radiyallahu Anhu)? Mufti I am very staunch that we follow orthodox Fiqh and I am not seeking to cause problems, instead I am trying to defend particularly the Shafi mazhab against people who argue that they can make ijtihad and grant a fasakh as equal to a Talaq (i.e. without any conditions at all).
And as much as all sunni Ulama reject this assertion of theirs I would like to understand what the Sunni view is based on, please.
Answer
Since your question deals more in particular with the Shafi'ee mazhab, it will be best that you refer your question to a shafi'ee Aalim.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
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