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The question

What is your eminence's opinion on the Zahiri school of thought? Is it considered part of Sunnah? Is it permissible to adopt it in certain issues where it differs from the majority of scholars, especially in matters of divorce, such as allusive divorce (talāq al-kināyah)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The Zahiri school was founded by Dawud ibn Ali al-Asbahani and revived by Muhammad ibn Hazm al-Andalusi. The Zahiri school is characterized by its veneration and meticulous attention to texts. However, its jurists went to extremes in rejecting analogy (qiyas), even clear analogy, thereby differentiating between similar matters and equating dissimilar ones, which is a deficiency in the school.

The Zahiri school is considered one of the Sunni schools, and it is permissible to follow it in some matters under certain conditions. However, it is not permissible to seek out concessions (rukhsas).

The early generations of the Ummah (Salaf) agreed that divorce occurs through allusive expressions (kinayah) if the husband intended it. The Zahiris, however, deviated from this consensus, restricting the words of divorce to three specific terms: "talaq" (divorce), "firaq" (separation), and "sarah" (release). The Zahiris' dissent on this issue is not given weight; according to them, divorce only occurs with an explicit verbal declaration, not with allusive expressions. Therefore, we do not deem it appropriate to follow the Zahiri school regarding the issue of divorce not occurring through allusive expressions with intent.

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Ftawy
Original fatwa ID
115890
Imported
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Source text, unreviewed
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