Does a Muqallid Have the Right of Tarjih in Disputed Issues?

Question

Do the later scholars (muta’akhkhirin) have the right of criticism and tarjih (giving preference to one of the opinions) concerning the rulings of fiqh on the basis of the four proofs, or not? Whereas Mawlana Mawlawi Mu‘inuddin Hanafi Ajmeri, head teacher of Madrasa Mu‘iniyya ‘Uthmaniyya, writes on p.

Answer

The rulings of fiqh have already been very thoroughly scrutinised (tanqih), the proofs have been established, the preferred and the non-preferred (rajih and marjuh) have been set out; there is no longer any need for direct inference and derivation (istidlal and istinbat).

Source: Fatawa Mahmudiyya

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