The majority of fuqaha, i.e., the majority of founders of the four leading schools of thought or mazhahib (Abu Haneefah, Al-Shafe’ei, Malik, and Ibn Hanbal). If the opinions of three of them concur on a specific issue or case, then it is said to have been judged so and so by the best part (majority) of fuqaha. For example, the majority of fuqaha determined the elements (arkan) of sale contract in three ones: wording, parties to the contract, and subject-matter. Likewise, the majority of fuqaha, except Hanafis, validate a sale contract to which is added the condition of freedom from defects, whilst the condition per se is deemed by them null and void (batil).
February 1, 2022
