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Querying a verdict with multiple reputable Scholars, Sheiks, Muftis

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Is there anything wrong with consulting/querying a verdict with multiple reputable Scholars, Sheiks, Muftis. Thereafter one follows and adopts the easiest verdict and decision of any one/few of them.. even though the verdicts and decisions of the rest may be contradicting and different?

Example: Some scholars permit Witr in the Makah Sharif and others don’t. Can one choose the easier of the two? Is consistency on one Scholars verdict essential? or can one consider the verdicts of other Scholars?

Bismillaah

A: We are commanded in the Quraan and Hadith to refrain from following our desires. Allah Ta’ala says, “And do not follow your desires, lest it should lead you astray from the path of Allah Ta’ala.”

Nabi (Sallallahu Alaihi Wasallam) had prophesized in his Mubaarak Hadith that a time will dawn upon my Ummah where people will be seen fulfilling their greed and following their desires. They will give preference to dunya over Deen and they will be satisfied with their own personal reasoning and understanding. (Mishkaat Pg. 437) 

From the above verse of the Holy Quraan and the Mubarak Hadith of Rasulullah (Sallallahu Alaihi Wasallam) we understand that it is incorrect for one to randomly pick and choose the verdicts of those Ulama that suits him and that conforms to his personal interests. In doing so he will be a victim of his nafs and will come within the purview of the above mentioned verse and Hadith of Rasulullah (Sallallahu Alaihi Wasallam). One should select an Aalim , Mufti who he regards qualified, experienced and Muttaqi in Deen and thereafter remain committed to his verdicts.

وَلَا تَتَّبِعِ الْهَوَىٰ فَيُضِلَّكَ عَن سَبِيلِ اللَّـهِ إِنَّ الَّذِينَ يَضِلُّونَ عَن سَبِيلِ اللَّـهِ لَهُمْ عَذَابٌ شَدِيدٌ بِمَا نَسُوا يَوْمَ الْحِسَابِ﴿ص: ٢٦﴾

إذا رأيت شحا مطاعا وهوى متبعا ودنيا مؤثرة وإعجاب كل ذي رأي برأيه (مشكاة ص 437)

واعجاب المرء بنفسه وهي أشدهن (مشكاة ص 434)

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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