Is Faskh of Nikaah based on Ijma'

Q: Am I correct in understanding that Fasakh as understood by the Ahlus Sunnah wal Jamah is based on the ijma practice of the Sahaba (Radiyallahu Anhu)?   Mufti I am very staunch that we follow orthodox Fiqh and I am not seeking to cause problems, instead I am trying to defend particularly the Shafi mazhab against people who argue that they can make ijtihad and grant a fasakh as equal to a Talaq (i.e. without any conditions at all).

And as much as all sunni Ulama reject this assertion of theirs I would like to understand what the Sunni view is based on, please.  

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A: Since your question deals more in particular with the Shafi'ee mazhab, it will be best that you refer your question to a shafi'ee Aalim.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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