Rejecting a Ruling of the Sacred Law

Question

Zayd was told: the maintenance of your divorced wife during the ‘iddah after divorce is upon you, if you have divorced her. He replied: “I will not give it; her parents, who keep her, will feed her during the ‘iddah.” Then Zayd was told: if it comes to divorce, that is the woman’s right — she may take it or forgo it; but the girl is your daughter, eight or nine months old, and the right of her custody and her maintenance are obligatory upon you by the Sacred Law. To this Zayd replied: “I will not give it.

Answer

To speak thus is a grave sin and extremely dangerous; indeed, some jurists have pronounced takfir for such words. Therefore Zayd must repent of this, and as a precaution he should also renew his iman and renew his marriage. [ar]وَإِذَا قَالَ الرَّجُلُ لِغَيْرِهِ: حُكْمُ الشَّرْعِ فِي هَذِهِ الْحَادِثَةِ كَذَا، فَقَالَ ذَلِكَ الْغَيْرُ: «من برسم کار کنم نه بشرع»

Source: Fatawa Mahmudiyya

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