Is it permissible for the Islamic State to apply differing rulings in matters of lawful and unlawful, and is the one who commits a disputed act exempt from punishment? And what is the criterion that the state adopts for applying rulings when there is a difference of opinion: is it the more cautious view or otherwise?
The ruler exercises (independent reasoning) in matters amenable to it. Whatever he rules in contentious issues brought before him must be implemented. As for contentious issues that are not brought before him, it is not permissible to compel anyone to adopt the view of one mujtahid (independent reasoner) and invalidate the view of another. The ruler rules on specific issues that are brought before him and binds the disputants to his ruling. Whoever follows one of the opinions in matters of (following a qualified scholar) shall not be punished. However, if the truth becomes clear and he persists in opposition, he deserves punishment. But whoever holds an ijtihadi or taqlidi opinion should not be punished.
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- Original fatwa ID
- 115217
- Imported
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