
Question
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
In the 4th century ulama, it has been mentioned in reliable books on ijma that it is necessary to follow the madhhab of any one of the four imams. Such as Alinsaf-52, 56-59; Madare Haq-341; Intisarul Haque Bajwab Mire Haque-153; Almuafakat-4/146; Almazmu Sharhul Muhajjab-1/91 Once there is consensus, then the previous consensus is not annulled if it is the opposite of consensus. Because, the previous ijma is as strong as the next ijma. Two documents of equal rank are not invalidated by each other. Rather, if one is stronger than the other, one document can be rejected over another. That is why it is not permissible to change the decision made by the previous ijtihad through new ijtihad if the ijtihad changes the next day after giving precedence to an opinion on the basis of ijtihad. However, in order to decide on a new masala, one has to decide according to the new ijtihad. But it is not permissible to change the judgment executed by the previous ijtihad by the present modified ijtihad. That is why when Hazrat Umar (may Allah be pleased with him) decided a matter through ijtihad one day, and the next day the verdict of another case was different due to change of ijtihad, when he was asked the reason for taking this opposite decision, he said: تِلْكَ على مَا قضينا That means that's how I decided it, and it will be the way I did it now. (Sharhul Qawaidil Fiqbiyah Lijjarka, Qaida No. 15) The famous principle of Islamic jurisprudence is that one ijtihad cannot be broken by another ijtihad. (Sharhul Qawaidil Fiqbiyah Lijjarka, Qaida No. 15) For this reason, it will not be valid to reverse the previous ijma by another ijma once it has become ijma. 9344443592
- والله اعلم باالصواب -
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