When is a Lay-Muslim Permitted to Follow Concessions?
Fatwa No: 389344

  • Fatwa Date:1-1-2019 - Rabee' Al-Aakhir 24, 1440
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Question

Salam,I have a question regarding hurmat musaaharah. I am severely affected from OCD so i got lot of waswasas about this issue. My question is that i am following Hanafi Madhab can i follow your Fatwas regarding hurmat e musaahrah (e.g 318664) or notjQuery111009441319627245637_1543994284918I have fear that if i follow your fatwa do it come under tafliq or not?? As Nikah is done according to Hanafi Fiqh.Do hurmat e musaaharah also established between two men having illegal relationship??I am very confused please help me in this regard as soon as possibleThanks in advanceJazak'Allah

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is permissible for the person who is affected with whispers to act according to concessions in regard to matters of Ijtihaad in order to avoid hardships as stated by the scholars.

As-Subki  may  Allaah  have  mercy  upon  him said, "It is permissible for the lay-Muslim to follow the view of scholars who grant concessions (choose the less stringent view on a matter) at times of dire need, but without making it a habit to look for and follow all concessions. It is correct in this respect to say that the difference of opinion among scholars is a source of mercy, since concessions are a source of mercy (for people)." [End of quote]

A person (lay-Muslim) would not be considered as following all concessions, or following the easiest opinion among the different Schools of jurisprudence.

Some scholars of the Hanbali School are of the view that sodomy prohibits marriage (of the relatives of the one with whom he practiced sodomy). Ibn Qudaamah  may  Allaah  have  mercy  upon  him said in Al-Kaafi:

"If a person has a homosexual act with a boy, then Abu Al-Khattaab chose to view that: his ruling in prohibiting marriage is the same as the ruling of having foreplay [with a non-Mahram woman] without intercourse, as it (sodomy) is intercourse but in an inappropriate place. Other scholars from our School said: 'It (sodomy) takes the same ruling of Zina (fornication or adultery). Therefore, when a person has a homosexual act with a boy, the mother of this boy and her daughter become forbidden for this person (in marriage), and the mother of the man who did the homosexual act with the boy and his daughter become forbidden for the boy. This is because it (sodomy) is an intercourse in the private parts of a human being, and it is like having Zina with a woman.'" [End of quote]

We advise every person who is affected with Obsessive Compulsive Disorder not to pay attention to the thoughts that the devil casts in his heart. Rather, he has to completely repel them as this is one of the greatest means that would help him get rid of them, in addition to mentioning Allah, reciting the Quran, and performing Ruqyah as much as possible.

For more benefit, please refer to Fataawa 367444, 234370, 365404 and 365719.

Allah knows best.

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