Wednesday, April 06, 2005

Disagreeing with an Imam

Question: I am a general muslim, if I disagree with any fatwa given by the Imams of my madhab, what will I do?

Answer: A general muslim is not qualified to disagree with an imam. However, it is allowed for a non-scholar to follow any mujtahid scholar provided that he does not mix in a way that would make what he is doing sinful by consensus. An example would be to go by Abu Hanifa's saying that a woman can give herself in marriage and that witnesses are required, but not public announcement, and then decide to go by Malik's saying that witnesses are not required (while skipping his saying that public announcement is required before toching or being alone....)

... and Allah knows best.