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Is Faskh of Nikaah based on Ijma’

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: 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.  

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A: 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)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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