M VI
Nyazee on the Secrets of Us.ūl al-Fiqh
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7.3 Additional Rules Rule 11: It is not permitted to choose opinions from other schools whether existing or extinct. This applies to the muftī as well as the layman and all institutions, commercial or other. The jurists within the school must undertake takhrīj to solve all new issues. In particular, they should use a revaluation of earlier facts, which has been called ‘urf. A judgment of the qād.ī or modern judge based on picking and choosing is not to be recognized as valid. Any law made by the modern state that is based on picking and choosing is not to be granted legal validity by the community of jurists. A jurist indulging in such methods is not to be recognized as a H . anafī jurist. Rule 12: It is not permitted to indulge in talfīq. This applies to the layman, muftī, courts, institutions and the state.
Advanced Legal Studies Institute
©Imran Ahsan Khan Nyazee