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2 If someone states something that is contradicts ’Ijma in the hanafi school do they leave the fold of Islam?

Answered according to Hanafi Fiqh by Askimam.org
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as salamu alaikum 1 Since in the Shafii school oral sex is permissible, of course within limitations, and this is the opinion of Imam Nawawi and so it is sahih, can a man that is married to a Hanafi perform oral sex on her since her sexual fluid is pure and it is permissible according to his school? 2 If someone states something that is contradicts ?Ijma in the hanafi school do they leave the fold of Islam? 3 What is someone says something vile and evil about a Sahabah (radyallahu anhum) then do they leave the fold of Islam? 4 In both cases are they treated as apostates and executed if they seem firm in what they say and do not repent? 5 There are alot of groups in Pakistan that are moving for Shariah and some it seems for the Caliph to rise from there. I know that is the school of Shafii the person with the first right of the Caliph is of the Quraysh, then the Kinana tribe, then an Arab, then the non-Arab, is this the same in the Hanafi school? What are the Hanafis requisites for the Caliph? And also Ramadhan Mubarak!

Answer

1. We have referred to the books of Imaam Nawawi, and did not find him in any way permitting oral sex. Could you provide us with the exact reference. The issue is not based solely on the purity or impurity of semen.

2. Simply by going against ijmaa? one does not leave the fold of Islam.

3. We can only comment on a specific example. There is no blanket rule on this issue.

4. According to the Hanafi Math-hab as well, the Khalifa has to be from the Quraish. This applies to the case where the entire ummah wishes to be united under one Khalifa, then he has to be from the Quraish.

and Allah Ta’ala Knows Best

Ml. Imraan Vawda
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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