Ref no: 0340#
|
Date: Sunday, July 17, 2011 |
Category
Salaat
Title
My question is that can one follow In all misael of Namaz
Question
My question is that can one follow In all misael of Namaz fiqh of Imam Hanbal or Imam Shafi.. Only misael of namaz?
And rest follow completely like im currently of Imam Abu Hanifa. Is it possible. If it is then pls also recommend some good book of hanbali regarding namaz in urdu preferably .I would request that mufti ebrahim personally write back to it. I have no problem alhamdullillah with concept of Taqleed.
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
In recent years, questions regarding switching and abandoning Madhhabs have become very rampant. Many have developed an interest in switching from Madhhab to Madhhab in various Masa’il. The development of this interest seems to stem from the proclamations of some ignorant sects and groups who do not have a proper understanding of Deen and the Shariah.
This can be gauged by the fact that prior to the existence of these sects, one would hardly find such questions in the books of Fatawa in contrast to the past several decades. The Fatawa books of recent Ulama are replete with such queries. Such ignorant proclamations actually tear away at the essence of servitude to Allah and obedience to His Shariah. The latter-day jurists are very clear in their stance stating that switching Madhhab to Madhhab in Masa’il is impermissible (Qawa’id fi Ulum al-Fiqh as printed with I’lau al-Sunan, vol.19 pg. 9378, Dar al-Fikr).
The reason they present for this stance is that it leads to mockery of the Shariah. The Shari’a will become a plaything in the hands of the layman. One day a person would want to perform Salah in conjunction to the Hanbali Madhhab and the next day, he would want to follow another Madhhab. The outcome of this Madhhab-hopping would be that at one stage or the other, his Salah or other act of worship will not be acceptable in any Madhhab. The jurists mention that following ones desires in matters of Deen is Haram by consensus. (ibid) Furthermore, each Madhhab and Imam has laid down certain principles wherefrom the subsidiary Masa’il are drawn.
The principles of the Madhhabs differ from one another. It can not be imagined that a person could follow the Masa’il of one Madhhab in certain cases and then oppose the very same principles used to deduce that Mas’ala by choosing to follow another Madhhab in another Mas’ala. If a person changes his Madhhab, he will have to change his Madhhab completely, not merely in certain Masa’il. Furthermore, he should have a genuine reason for wanting to change his Madhhab. One such reason would be the lack of available Ulama of his Madhhab in his locality.(ibid, pg. 9379).
Yes, we do acknowledge that great Ulama from the past did choose to follow certain Masa’il from other Madhhabs. However, Ulama such as Shah Waliullah Dehlawi (RA), had reached a very high level of knowledge and understanding of the Sharia which enabled and prompted them to follow the stronger substantiation in their view. With that, they also had a complete understanding of the principles used to draw forth the subsidiary Masa’il which saved them from opposing other Masa’il of their Madhhab. In regards to the layman, this is impossible, hence impermissible. This leeway to the general prohibition has not been extended to the laymen as it would lead to abuse, mockery of the Sharia and following one’s desires in matters of Deen. (ibid, pg. 9380) Furthermore, the laymen and even the majority of present-day Ulama, do not possess the required level knowledge to prefer one Madhhab’s substantiation over the other.
Moreover, the fact that there are no Hanbali Ulama in your locality will inhibit your ability to act upon the dictates of the Shariah. Thus, we advise you to remain upon your original Madhhab and refocus your drive and attention towards perfecting your servitude and subjugation to Allah rather than focusing on switching from Madhhab to Madhhab.
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyyah
· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.
· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.
· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.
