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Old 03-05-2012, 10:58 AM   #17
hitaEtela

Join Date
Nov 2005
Posts
536
Senior Member
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Hence it should be determined on a case by case per se. If the person can't or not at liberty to disclose his problem, and he's just following up the fatwa, then shouldn't he be given an access to local scholars first?

Regardless of what the said person's issues, if there's any issue at all, nobody else has the right to put a blanket generalization upon his intention. Let the said person deal the matter with local scholars first. The best help we can offer is to give contact means of local scholars so the matters can be discussed with qualified persons. The issue might be big enough that it can't be reconciled within one day even. That is if we really want to help our fellow Muslim brothers or sisters.

Otherwise, then I'm not going to be the person to give some blanket generalization, . The rest, I'll just leave it to Allah .

Allah Knows Best.


If you go to a Mufti and ask him if it is okay for him to pray with urine on his clothes, do you think it is okay for the Mufti to tell him to speak to his local scholars? If the person is a ma'zoor and hasn't disclosed this to the Mufti, what kind of answer would one expect from the Mufti? Similarly, if there is a valid reason a person wants to change his madhhab - e.g. lack of access to scholars of current madhhab - but if the person just asks if he can change his madhhab, what can a Mufti say?

The concept of rukhsa means that under special conditions, there can be fluctuation from an established position. But these are on a case by case basis and rukhsa are not given out for "general" inquiries. If the person had qualified his question further by saying that there is a lack of access to scholars of the madhhab around him, then he would have gotten a different answer than the general answer posted. If it was some sort of personal reason, he should have either consulted local scholars personally or taken a more personal approach (e.g. phoning or direct email or even emailed the website but specified not to have it publicized). If you're not willing to divulge the reason you should be given a rukhsa, then it is necessary to give a general answer - and in the Hanafi madhhab, the general answer is that it is impermissible to change your madhhab.

The thing is, when you ask a Mufti a question, you don't expect a reply where you're told to seek "other scholars". The website is too impersonal if you want an answer catered to your needs or circumstances. Also, we should abstain from having a double standard - having husn adh-dhann for the questioner but being critical of the answerer. If you really have an issue about this, email Mufti Ebrahim Desai and find out.
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