The Ruling on Adopting the View That Bid'ah Divorce Does Not Take Effect
Machine translationRead the Arabic original
Question:
Honorable Shaykh, if a student of knowledge is convinced by the argument of those who say that bid'ah (religious innovation) divorce does not take effect, due to the strength of the argument of those who hold this view, does he commit a sin in that?
Answer:
Yes, he commits a sin in that, because it is obligatory for him, if there is a Shari'ah court in the religion and an established fatwa center, to refer to them, because rulings conflict. I fear that the court will issue a ruling, and then he will come and pray with a fatwa that contradicts the court's ruling, or the fatwa center will issue a fatwa, and then he will come with a contradictory fatwa, resulting in fabrication. These matters must be regulated; the situation has not become clear in this matter. Yes.
Honorable Shaykh, if a student of knowledge is convinced by the argument of those who say that bid'ah (religious innovation) divorce does not take effect, due to the strength of the argument of those who hold this view, does he commit a sin in that?
Answer:
Yes, he commits a sin in that, because it is obligatory for him, if there is a Shari'ah court in the religion and an established fatwa center, to refer to them, because rulings conflict. I fear that the court will issue a ruling, and then he will come and pray with a fatwa that contradicts the court's ruling, or the fatwa center will issue a fatwa, and then he will come with a contradictory fatwa, resulting in fabrication. These matters must be regulated; the situation has not become clear in this matter. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الخلع — islamhouse.com (1:07:42)
The Arabic text is a machine transcription of the audio recording.