Hadhrat Thanvi said that the doors of ijtihaad are only closed with regards to matters of usool and not when it comes to matters of furoo`.

Answer

The Furoo' in the context refers to new developing issues, e.g. blood donation, surrogacy, transplanting organs, machine-slaughtering, insurance and numerous other issues which always develop with the progress of time. On such issues on which the Fuqaha are silent, then obviously the wellgrounded Ulama of the age will be constrained to acquire rulings on the basis of the Usool as well as similar Furoo' formulated by the Aimmah Mujtahideen of the Salafus Saaliheen era. Furoo' in the context does not refer to s u c h F u r o o ' o n which there is Ijmaa' of the Fuqaha of the Mathhab, e.g. Wudhu has four Faraaidh, a quarter of the head is Fardh for masah, Qur'baani is Waajib on every adult who has the means, and the thousands of other Furoo' pertaining to all acts of Ibaadat.

However, regarding such Furoo' on which there exists difference of opinion among our own Fuqaha and Aimmah Mujtahideen, there is scope for Ijtihaad, e.g. Is Isha' Salaat Fardh in an abnormal time zone region where there is no Isha' time? According to some Fuqaha, there is no Isha' Salaat there. This is also Hadhrat Gangohi's view. However, according to other Fuqaha, Isha' remains Fardh even in such a region. In an ikhtilaaf of this nature, we shall apply our minds and issue a Fatwa which our hearts believe is the best, and in this particular case, we say that Isha' remains Fardh.

There are numerous Furoo' of this nature of Ikhtilaaf. Ijtihaad in them will be permissible. Nevertheless, even if there is some Ikhtilaaf, it remains incumbent to adopt the view of the Jamhoor- Fuqaha of the Math-hab, and to adopt Ihtiyaat. If there is no incumbent need, it will not be permissible to depart from the Mufta Bihi version of the Jamhoor Fuqaha of the Math-hab.

It should be well understood that there is no scope for latitude based on nafsaaniyat. Flitting from Math-hab to Mathhab, and from one view to another for the sake of pleasing people, is haraam. Liberals and deviates do so at the peril of the destruction of their Imaan.

It has also been observed that some Akaabir have their own tafarrudaat -views in which they are solitary perpetrators in stark opposition of the Mufta Bihi version of the Jamhoor Fuqaha of their own Math-hab, e.g. H a d h r a t M a d a n i (Rahmatullah alayh) performing Tahajjud in Jamaat. Such tafarrudaat should be compulsorily buried, not advertised. There is no daleel in such a misaligned view of a senior. A tafarrud may not be tolerated. It is never a basis for diversion from the Math-hab's official Ruling.

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