What is the criterion for mentioning a fatwa that contradicts what people have become accustomed to?
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Question:
He says: Honorable Shaykh, may Allah grant you success. Is it part of the methodology for a scholar and a student of knowledge who is advanced in his pursuit that, if he arrives at a fatwa or a legal ruling that contradicts what is customary, he should refer to the well-known ruling and to the most prominent scholar who held that ruling, or should he state what he believes to be the truth before Allah? What is the criterion in this matter? May Allah grant you success.
Answer:
This differs. If the evidence is clear, he states the ruling based on the evidence. But if the evidence is not clear and there is a possibility of doubt, he remains with what the general public is upon and does not cause confusion for them, because there is no explicit text in the matter by which he would tell people, "This contradicts the text." The matter differs. Yes.
Then, this is the concern of the established student of knowledge; it is not the concern of just anyone to change, alter, or contradict. It is the concern of the established scholars that, if the evidence is clear and an explicit text, they never deviate from it and they alert people to this.
As for when the matter is a possibility and not an explicit text, but rather a probability, we do not deny what people are upon, provided there is no explicit text, no explicit text in the matter. Uniting hearts is without doubt required; uniting the community and unifying the word is required, and avoiding confusion and avoiding stirring up fitnah (trial, discord or temptation) is required. If people are upon a statement that does not contradict an explicit text, it is not denied to them, and they are not contradicted. Yes.
He says: Honorable Shaykh, may Allah grant you success. Is it part of the methodology for a scholar and a student of knowledge who is advanced in his pursuit that, if he arrives at a fatwa or a legal ruling that contradicts what is customary, he should refer to the well-known ruling and to the most prominent scholar who held that ruling, or should he state what he believes to be the truth before Allah? What is the criterion in this matter? May Allah grant you success.
Answer:
This differs. If the evidence is clear, he states the ruling based on the evidence. But if the evidence is not clear and there is a possibility of doubt, he remains with what the general public is upon and does not cause confusion for them, because there is no explicit text in the matter by which he would tell people, "This contradicts the text." The matter differs. Yes.
Then, this is the concern of the established student of knowledge; it is not the concern of just anyone to change, alter, or contradict. It is the concern of the established scholars that, if the evidence is clear and an explicit text, they never deviate from it and they alert people to this.
As for when the matter is a possibility and not an explicit text, but rather a probability, we do not deny what people are upon, provided there is no explicit text, no explicit text in the matter. Uniting hearts is without doubt required; uniting the community and unifying the word is required, and avoiding confusion and avoiding stirring up fitnah (trial, discord or temptation) is required. If people are upon a statement that does not contradict an explicit text, it is not denied to them, and they are not contradicted. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [458 -2802] ما الضابط في ذكر الفتوى المخالفة لما تعارف عليه الناس؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
