Which Madhab would you follow if you had to leave your current madhab?

[aMuslimForLife]

Which Madhab would you follow, if you had to leave your current madhab?

Which madhab would you pick and why? Of the other three, why that one?

(NOTE: I do not know under what circumstance one would have to leave their madhab but just wondering)

[aMuslimForLife]

I am currently a Shafi, if I had to leave the Shafi madhab, and was force to pick another madhab, I would pick the Maliki madhab.

Why?

Because I love the Amal of Medinah. It is a very beautiful principle of fiqh. Very indepth.

[Raeesa]

I am hanafi at the moment... probably Shafi' because i know a lot of their rulings already.. and i guess that makes me lazy lol

[Raeesa]

Hmm just a thought.. the poll would be kind of biased.. because on this forum there are a lot more hanafi's so if they all vote.. they can't still pick hanafi.. which means it might look as though fewer people want to be hanafi's which isnt accurate.
Just my 2 pence lol

[Abu Usama]

Salam,

I am hanafi and i would go to the shafi, and maybe one day in the future this might happen. Who knows?

Reasoning is that the hanafi madhab is tough. You dont do your sunnas and your sinful, you do makruh tahrime things (like watching tv with no need) and your sinful. In the shafi madhab makruh doesn't make you sinful. I would follow the shafi madhab for the most part, except in the areas of ghusl, wudu and salah, for which i would follow the hanbali position (as they say you can recite behind the imam in silent salah, but that its not obligatory) and also because the hanbali prayer is a lot more similar to the hanafi one than any other madhabs.

Wasalam

[Saleel]

:salam:

Salam,

I am hanafi and i would go to the shafi, and maybe one day in the future this might happen. Who knows?

Reasoning is that the hanafi madhab is tough.

So you would leave your Hanafi madhhab because your naffs found it too tough? Isn't this exactly why taqleed is wajib? To keep our hawa at bay?

Sigh, I had a feeling this would come up as soon as I saw the subject of this thread.

:salam:

[Raeesa]

Hmmm Hanafi madhab is tougher than the Shafi madhab? lol i dunno.. i find the hanafi easier, not that i've eva practised any other madhab before lol
For example although disliked in the hanafi madhab u can have yr nikaah done without the consent of a wali however thats not allowed in the Shafi madhab... but i guess in stuff like joining prayers etc.. it can be considered easier...

i dunno this will probably sound rong but i understand the hanafi rulings better.. but i think thats a personal thing.. allahu aalim

[Abu Usama]

Salam,

I guess maybe you could say that its because of my nafs, but mostly its because i have sx years of salah to make up and to do that as a hanafi aint particularly easy compared to the shafis! But then there are restrictions in the shafi madhab like not being able to buy off the interent (cos they say there must be a verbakl agreement in transactions).

What I'll most likely do is stay a hanafi, but try and learn enough about the basics of the shafis and hanbalis, just in case i ever need em, such as when i go on the really long journey to Pakistan and want to combine my salah.

[Saleel]

:salam:

I guess maybe you could say that its because of my nafs, but mostly its because i have sx years of salah to make up and to do that as a hanafi aint particularly easy compared to the shafis!
I don't understand the "but" in there. Isn't changing madhhab to makeup missed salaahs exactly that - following our desires?

Remember that deen is based on wahi (revelation) and not the result of our desires. Desires cant propogate while one is within the chains of taqleed. If we break ourselves from taqleed, we ultimately enjoin ourselves with the shackles of the naffs.

:salam:

[Abu Usama]

:salam:

I don't understand the "but" in there. Isn't changing madhhab to makeup missed salaahs exactly that - following your desires?
:salam:

Salam,

At the end of the day, making up missed prayers is more important (because it is fardh) than performing other non-obligatory prayers (which is what the shafis say).

But to be honest, the obvious thing would be to perform both the qadha and the sunnats together, but that isn't easy. So i guess you could say that it would be following the nafs.

[Raeesa]

urm i got a tonne of qadha's to make up too...
but alhamdulilah its cool make the intention and just keep going inshallah withtime itll b okay

however as mentioned its going back to the whole nafs idea...
it isnt easy.. but u would b in error if u changed bcuz of yr nafs...

nuffin is impossible and inshallah itll make u stronger lol

[Murabit]

Assalamualikum
nice question, currently I am a Maliki and if there would be a situation where I would have to leave the malikiyyah i will definitely go to the Hanbali side as they are extremely identical with the Malikis. However inshallah i will continue to stick to the Malikiyya as it has very strong basis [ amal of people of madina ] and is quite rational as well as reasonable for the mind to select and implement. This madhab is reflection of madina during the days of the rashidoun caliphs and the tabiieen there, and madina is a city which separates and cleanses eman from nifaq/kufr just like a furnance which separates an iron from its ore. And Eman retreats to Madina the same way as a snake which returns to its hole.

[IlyasLahoz]

This question is not so hypothetical to me.
I started out Maliki and made the switch to the Shafi'i Madhhab because at the time that I became more serious about learning fiqh, it was easier for me (geography, availability of scholars, books etc) to learn the school of Imam ash-Shafi'i. Although if I had to switch again, I would definitely go back to Imam Malik.

[786]

I have heard the opinion that moving between madhabs depending on necessity is makrooh, and people can do it without being sinful.

for example shafi break wudhu if they touch a female, so adopt hanafi when they do the tawaaf in the hajj where near impossible not to touch someone accidentally in the dense crowd. Otherwise they would never be able to complete their tawaaf, or do hajj!

Although I am hanafi I find that other madhabs provide halaal solutions to real dilema's - for example the joining of prayers on some journeys.

[Goldi]

Maliki.

they dont have that thing where u touch a women and u lose ure wudu right?

[Murabit]

Maliki.

they dont have that thing where u touch a women and u lose ure wudu right?
in malikiyya if you touched a woman and you did not intend or experience lust then you dont have to make wuodhu, however in the other case that is experiencing or intending lust, then the woudhu is nullified.

[AbuZayd]

Asalamu alaykum,

If I were to change my Madhab I would become a Maliki.

[pinkworld]

assalamu `alaykum,
I would choose the Hanafi madhhab. I respect Imam Abu Hanifah immensely; and his methods make more sense to me. I do wonder how much of this might be because I am a convert to Islam.

[Sahara]

Just pondering in.....interesting.

[786]

...

[FatimaM]

Live is lovely in this corner.

I don't follow a particulare madhab. I combine them all, so I wouldn't have to undergo any changes.

[salman]

Live is lovely in this corner.

I don't follow a particulare madhab. I combine them all, so I wouldn't have to undergo any changes.

meaning? I dont think thats allowed sis. Im sure its not.

[Abu Usama]

Salam,

yes its allowed....if you're a mujtahit mutlaq!

[Mossy]

meaning? I dont think thats allowed sis. Im sure its not.

Not necessarily - we've discussed mixin n matchin and the permissable/impermissable forms of this elsewhere I believe. Therefore it is completely possible to follow an implementation of Islam which means that you do not follow the majority of opinions from any one madhab, while ensuring that your resultant actions are acceptable under the rulings of at least one, right? The question arises as to what juristic technique you follow as a default - unless of course you check out what each madhab says about an action as you come across it and don't have a default.. For example, I personally default to Hanafi fiqh and the majority of my actions are in accordance to that. Occasionally I do believe that the rulings of another school in complete actions make more sense and follow those.

[Raeesa]

Hmmm why dont u explain what you mean when you say you combine them all sis?

[salman]

Sallamu Alaikum


Not necessarily - we've discussed mixin n matchin and the permissable/impermissable forms of this elsewhere I believe. Therefore it is completely possible to follow an implementation of Islam which means that you do not follow the majority of opinions from any one madhab, while ensuring that your resultant actions are acceptable under the rulings of at least one, right?

It is from piety to stick to one school, but not legally obligatory per se.


Occasionally I do believe that the rulings of another school in complete actions make more sense and follow those.

Is this based on what you deduce from looking at their proofs or from what you yourself perceive? If its the first then only a Mujtahid is able to understand the evidence, and if its the second then ones perception plays no role in Fiqh. It would be labelled as "followings ones whims."

Wallahu A'lam Akhi

[Mossy]

Is this based on what you deduce from looking at their proofs or from what you yourself perceive? If its the first then only a Mujtahid is able to understand the evidence, and if its the second then ones perception plays no role in Fiqh. It would be labelled as "followings ones whims."

This is an interesting point. If it is only "from piety" to stick to one school, but not a legal/juristic compulsion, then on what grounds can one "choose" to follow a ruling from another school?

I will take issue with your first inference. The mujtahid will fully understand the details of the proof, the one not at that level will still have some level of understanding, but not a perfect one. Fiqh isn't limited in understanding to only mujtahids - the key differential of the mujtahid is that they have the knowledge/skills to be able to maintain internal consistency in their analysis of the nusus etc when determining a non-immediately reconcilable problem. Therefore it is not impossible to understand the reasoning behind their decision/judgement for one not on their level, the main difference between following a result of the ijtihad of a mujtahid and doing your own ijtihad is that the mujtahid eliminates a large part of false reasoning due to their extra knowledge. Therefore it is not necessary to be a mujtahid to understand their reasoning as it simply follows from whatever axiomatic system of fiqh they happen to follow.

As for the second, you may label it as you wish. However, perception does play some role in fiqh as I'm sure you know - istihsan for example. It's one of the key differentiators of the Hanafi school of fiqh as opposed to the other major three, although, of course, at a scholarly level. Is it obligatory to follow the results of the istihsan of a scholar or indeed qiyas? Is choosing not to follow the result of ray of a certain scholar and instead following that of another in a certain issue blameworthy in itself? Or is it dependent on the reasons for which one chooses one over the other?

If it is blameworthy in itself for a layman, then it would seem that there is no place for personal opinion in choosing the way one implements Islam into one's life. If it is blameworthy when done on a whim/with imperfect understanding, then it's not so clear. If it is permissable to choose on any basis the results of scholarly opinion (as opposed to ijtihad), then it would seem there is a place for lay personal opinion in this. These considerations can then be extended to ijtihad on areas where there is ikhtilaf - is it actively blameworthy to choose one view in preference to another? Should only majority views be followed? Under what circumstances is it not blameworthy to follow a non-majority view/the view of another madhab?

Is it even possible to follow the view of another madhab/non-majority view (let's take asr time for example) with respect to ijtihad if, by definition, this is following one's whims as one cannot hope to have any level of understanding as this is the reserve of mujtahids alone? (discounting areas of ray etc)

Is doing so actively blameworthy?

Ahh, what a ramble. My apologies, I should go and have some tea..

[phoenix]

Assalamalium,
Why would i wnat to follow some other Madhab....? wouldnt it mean that i dont understand my own Madhab perfectly? Besides I totally agree that changing a madhab would be changing and choosing whatever suits us...'whims' again. We wouldnt be sincere if we mix Madhabs or even if we change it.....
Wassalam

[Saleel]

:salam:


Assalamalium,
Why would i wnat to follow some other Madhab....? wouldnt it mean that i dont understand my own Madhab perfectly? Besides I totally agree that changing a madhab would be changing and choosing whatever suits us...'whims' again. We wouldnt be sincere if we mix Madhabs or even if we change it.....
Wassalam
I agree. :thumbsup:

:salam:

[phoenix]

Assalamalykum
:thumbsup: to you too Saleel.

Oh...and i dint vote 'cause i dont believe in changing my Madhab :)

[Zain121]

Salaams.

Well, IF i was to leave the Hanafi Madhab, then to be frank, i don't know where i'd go, except back to the Hanafi Madhab...

If Imam Abu Hanifa was to prove a wooden stick was metal, then somehow, someway, he would prove it, and all would have to accept it.

Alhumdulillah, all four Imams are correct, but The Hanafi Madhab is unique itself.

Those brothers who would leave Hanafi Madhab and become a Shafi'ee, i would just like to warn you that if you touch a women, even your wife, your Wudhu will break...

So have a tough time guys...

Wasalaam.

[Shaykhs-Pir Sahib]

as salamu alaykum

<<istihsan for example. It's one of the key differentiators of the Hanafi school of fiqh as opposed to the other major three, although, of course, at a scholarly level>>

strictly speaking, Imam Malik did believe in istihsan. It was Imam Shafi'i who was vehemently against it. ;)

my own contribution here:

i believe there is no reason to switch madhhabs unless there is a real need. a real need would be such things as:

1. the majority of muslims in your area are of one madhhab - so there is actually no benefit in changing.

2. related to the above, if one cannot find a LIVING teacher who can teach you the fiqh, then i would advise against it..

with this said, the hanafi madhhab is hands down the most 'accesible' madhhab in the uk.

for someone new to islam, this is the madhhab to follow - unless one were to find a teacher of one of the other schools.

Allah knows best

[Mossy]

Intriguing. Does that mean one should only switch madhabs once one has learnt the fiqh of the madhab in depth from a teacher? My view is that each madhab has it's own distinct basis - this is the key differentiator. For example, Maliki fiqh based on amal al madina etc. If one basis makes more sense than another to you, I would think that it would be perfectly acceptable to choose that basis for your own particular implementation of Islam. There are muslims of all four madhabs in the UK and you shouldn't restrict yourself to solely the majority madhab simply because everyone else is following it. Being comfortable with your religion is a very important thing, as is understanding it as much as you can.. Some interpretations will be more intelligible than others..

Br Phoenix - do you really understand your madhab fully? Most people do not. They simply follow by default as that's the way they've been raised by their family. The idea of following your "whims" is something that has always somewhat annoyed me (as you may be able to guess). It indicates a complete lack of rational thought/investigation on the part of the person choosing their course in life, which isn't usually the case when it comes to something like this. Many converts I know for example have chosen a variety of different madhabs to provide the akkham by which they implement their Islam having carefully researched the differences between them and the basis of each - to call their choosing a "whim" is to do them an eminent disservice.

No madhab is better than another - but each is special in its own way and distinct. You should follow the school of thought which seems most rational to you and fits in with your world view as far as I can see, regardless of what the others around you may follow. It may be harder in the short term, but I would hesitate to venture more beneficial in the longer term, even if it is considered a "whim" by others.

Br Shaykhs-Pir Sahib - Imam Hanbal didn't completely rule it out either, did he? The difference is the import placed upon it as a tool of jurisprudence between the madhabs, especially with reference to the idea of public good..

[Shaykhs-Pir Sahib]

as salamu alaykum

<<Intriguing. Does that mean one should only switch madhabs once one has learnt the fiqh of the madhab in depth from a teacher?>>

i believe it is important to learn the fiqh of a madhhab from a live teacher, not a book. thats just my opinion - i think one is less prone to error if they learn from a qualified teacher with some sort of recognition - e.g. ijaza.

<<My view is that each madhab has it's own distinct basis - this is the key differentiator. For example, Maliki fiqh based on amal al madina etc. If one basis makes more sense than another to you, I would think that it would be perfectly acceptable to choose that basis for your own particular implementation of Islam.>>

of course - if one can learn a bit about each and is attracted to certain principles which one believes to be 'the best representation' of the sunna.

<<There are muslims of all four madhabs in the UK and you shouldn't restrict yourself to solely the majority madhab simply because everyone else is following it.>>

sorry - i don't mean that bro. Due to my point earlier about the necessity of learning from a teacher, it would be 'easier' to learn hanafi fiqh for 'most' muslims.

<<Being comfortable with your religion is a very important thing, as is understanding it as much as you can.. Some interpretations will be more intelligible than others..>>

i agree.

<<Br Phoenix - do you really understand your madhab fully? Most people do not. They simply follow by default as that's the way they've been raised by their family.>>

...which is not a bad thing at all.

<<The idea of following your "whims" is something that has always somewhat annoyed me (as you may be able to guess).>>

me too!

<<It indicates a complete lack of rational thought/investigation on the part of the person choosing their course in life, which isn't usually the case when it comes to something like this. Many converts I know for example have chosen a variety of different madhabs to provide the akkham by which they implement their Islam having carefully researched the differences between them and the basis of each - to call their choosing a "whim" is to do them an eminent disservice.>>

true. on the contrary i have seen people learn fiqh from books (myself included) and often make errors due to lack of understanding of the text. but i hear ya!

<<No madhab is better than another - but each is special in its own way and distinct.>>

well said.

<<You should follow the school of thought which seems most rational to you and fits in with your world view as far as I can see, regardless of what the others around you may follow.>>

not everyone is capable of making that decision. A new muslim may not want to research the depths of each madhhab, and needs to pray straight away! - and so needs a fiqh straight away. in most cases, hanafi is the most accessible.

<<Br Shaykhs-Pir Sahib - Imam Hanbal didn't completely rule it out either, did he?>>

i will check bro insha Allah.

salams

[Mossy]

As an addendum: generalisations are generally false ;)

[Shaykhs-Pir Sahib]

as salamu alaykum

Imam Malik said regarding istihsan "it is nine-tenths of knowledge"!
As Br Mossy said, Imam Abu Hanifa also used this principle.

Imam Shafi'i devoted a whole chapter to it in his book 'Kitab al-Umm'; mind you it was called 'the invalidation of istihsan'! :frown:

in fact, i understand the book is basically a detailed exposition of his differences with Imam Malik and the students of Imam Abu Hanifa.

As for Imam ibn Hanbal - i could not find this principle in his fiqh methodology - might be worth someone asking Shaykh Abu Ja'far over at HTS.

The beauty of difference of opinion!

[Abu Usama]

Salam,

the hanafiyyah use this concept more than anyone else. However, it is true that Imam Malik also used it. For example, his fatwa that a menstuating woman could recite the Qur'an was based upon this principle.

[Mossy]

Y'know, something which doesn't seem to be picked up on is that the definition of these jurisitic "principles" isn't necessarily agreed upon between the madhabs. For example, the Maliki position on istihsan is that it is essentially the same as istislah as they consider it a type of this. Similarly, we have the Shafi position on qiyas vs ijtihad and the exact meanings of this as compared to, say, the Hanafi meaning of this. This has an immediate impact on the discourse between the madhabs on these subject areas. Also interesting is the fact that madhabs aren't defined by their "originator" imam's per se.. Just because Imam Shafi was against "istihsan", doesn't mean that all Shafi's were completely (cf al Ghazali for example) or indeed that he didn't practice it himself in some shape or form ;)

[FatimaM]

Salaaams again.

For those that asked, I subscribe to the Ahlu Sunnah wel Jamaa'ah school of thought = people of the Sunnah and consensus ... madhab of the Prophet (saw) as understood by the companions and the 1st three generations.

I guess that makes me a Maliki, Shafici, Hanafi and Hanbali all at once. lol

In other words I don't discriminate between the Scholars but judge their rulings in accordance to the provided evidence (from the Quraan and Sunnah).

In instances where there is a difference in opinion - I'd go for the majority opinion or the one that appeals to me the most . As Mossy said, no madhab is better than the other and there is no compulsion to stick to one madhab only. They differ on minor fiqh issues bu agree on all the fundementals of beleive and aqeedah.

hope that clarifies things..
Wassalaam

[salman]

This is an interesting point. If it is only "from piety" to stick to one school, but not a legal/juristic compulsion, then on what grounds can one "choose" to follow a ruling from another school?

I will take issue with your first inference. The mujtahid will fully understand the details of the proof, the one not at that level will still have some level of understanding, but not a perfect one. Fiqh isn't limited in understanding to only mujtahids - the key differential of the mujtahid is that they have the knowledge/skills to be able to maintain internal consistency in their analysis of the nusus etc when determining a non-immediately reconcilable problem. Therefore it is not impossible to understand the reasoning behind their decision/judgement for one not on their level, the main difference between following a result of the ijtihad of a mujtahid and doing your own ijtihad is that the mujtahid eliminates a large part of false reasoning due to their extra knowledge. Therefore it is not necessary to be a mujtahid to understand their reasoning as it simply follows from whatever axiomatic system of fiqh they happen to follow.

As for the second, you may label it as you wish. However, perception does play some role in fiqh as I'm sure you know - istihsan for example. It's one of the key differentiators of the Hanafi school of fiqh as opposed to the other major three, although, of course, at a scholarly level. Is it obligatory to follow the results of the istihsan of a scholar or indeed qiyas? Is choosing not to follow the result of ray of a certain scholar and instead following that of another in a certain issue blameworthy in itself? Or is it dependent on the reasons for which one chooses one over the other?

If it is blameworthy in itself for a layman, then it would seem that there is no place for personal opinion in choosing the way one implements Islam into one's life. If it is blameworthy when done on a whim/with imperfect understanding, then it's not so clear. If it is permissable to choose on any basis the results of scholarly opinion (as opposed to ijtihad), then it would seem there is a place for lay personal opinion in this. These considerations can then be extended to ijtihad on areas where there is ikhtilaf - is it actively blameworthy to choose one view in preference to another? Should only majority views be followed? Under what circumstances is it not blameworthy to follow a non-majority view/the view of another madhab?

Is it even possible to follow the view of another madhab/non-majority view (let's take asr time for example) with respect to ijtihad if, by definition, this is following one's whims as one cannot hope to have any level of understanding as this is the reserve of mujtahids alone? (discounting areas of ray etc)

Is doing so actively blameworthy?

Ahh, what a ramble. My apologies, I should go and have some tea..

Sallamu Alaikum

i dont wish to deviate from the present topic, so Inshallah well discuss this when the time is right. : )

However i will point out that the Taqlid we do i.e the laymen, is Taqlid without knowledge of the evidence at all, since we are not at the level of even remotely understanding the evidence. The Aalin is at a level where he is able to understand some of the evidence and the Mujtahid all of it.

But inshallah one day well discuss this indepth akhi, itll be interesting.

[salman]

Sallamu alaikum


Well, IF i was to leave the Hanafi Madhab, then to be frank, i don't know where i'd go, except back to the Hanafi Madhab

Ditto!

[IlyasLahoz]

:salam:
I tend to want to be a staunch proponent of my madhhab as much as the next muslim. (see the various 'my madhahb is the truth!' type of posts)
this is, I believe, a good sign that we are practicing what we know and we have sincere conviction about it.
That said...
While the situation (needing to switch madhhabs), might never arise for most folks in any probable -or even improbable- scenario, I think the point of the poll/thread was simply to ask which of the schools' fiqhi methodology would be more appealing/acceptable to us in the absence of the one we've chosen.
It seems to me that this is a question that one could answer without implying anything negative about one's own school.
Allahu 'Alam
wasalaam
-Alex

[Strive4Allah]

I am a hanafi and happy2b one but if i had2leave that madhaba i would go for Maliki i think soo.

[Strive4Allah]

though i am 100% sure i wouldnt wanna leave it. n it wudnt be a wise thing to leave it we have loadsa advantages coz imam abu H does ta/weel.

[phoenix]

Assalamalykum,
Intriguing. Does that mean one should only switch madhabs once one has learnt the fiqh of the madhab in depth from a teacher? My view is that each madhab has it's own distinct basis - this is the key differentiator. For example, Maliki fiqh based on amal al madina etc. If one basis makes more sense than another to you, I would think that it would be perfectly acceptable to choose that basis for your own particular implementation of Islam. There are muslims of all four madhabs in the UK and you shouldn't restrict yourself to solely the majority madhab simply because everyone else is following it. Being comfortable with your religion is a very important thing, as is understanding it as much as you can.. Some interpretations will be more intelligible than others..

Br. Mossy, I totally agree with what you have to say but you see i am talking about the common people who usually dont know much about their Madhab at all. As you yourself say they blindly follow it 'cause their parents have been following it. There are many people who don’t know anything about Fiqu, Sunnah, the Quran or Shariah. They will have to study it in detail before they can actually understand or decide on such matters. Common people don’t study Fiqu or the Madhaib (although they should atleast know their own Madhab ).They will need to study the differences between the various Madhaib and also to know each one of it in detail in order to able to decide which Madhab they want to switch too. And then they need wisdom too. Do you think it is possible for someone who isnt well versed with all these things to do that? And also at present we have people in their early twenties or so commenting on this site. We are not even mature enough at this age to decide between Madhaib as to what is better or what we prefer. It is true that there are many who are studying to be Aalims and all but wisdom comes with age and education. These Imams, Abu Hanifa, Imam Malik, Imam Shafii and Ahmed bin Hanbal spent their entire lifetime on what they compiled. They were Mujtahids. We don’t have that intellect or the wisdom or the education yet. To study Fiqu one needs a teacher if not a teacher atleast someone who has studied it so that the person can discuss it with him. If a person takes up the study on his/her own then there are chances that they may not understand much themselves. How can a common man consider himself to be a Mujhtahid and change his Madhab? It will take years to study all the Madhabs and then study the works of all the Imams and then try to educate oneself in all the necessities. Only then can one decide as to what they want to switch to.

Br Phoenix - do you really understand your madhab fully? Most people do not. They simply follow by default as that's the way they've been raised by their family. The idea of following your "whims" is something that has always somewhat annoyed me (as you may be able to guess). It indicates a complete lack of rational thought/investigation on the part of the person choosing their course in life, which isn't usually the case when it comes to something like this. Many converts I know for example have chosen a variety of different madhabs to provide the akkham by which they implement their Islam having carefully researched the differences between them and the basis of each - to call their choosing a "whim" is to do them an eminent disservice.

You asked me if i know my Madhab fully. Exactly my point! Do I know my Madhab fully that I can point out the confusion and decide that i want to change to another Madhab? No, i dont know about Hanafiyyah completely but i have been studying it for a while and i am still in the process of fully understanding it and in such a case when i myself dont know much about my own Madhab how can i decide to change into to a different one about which I will have to study from the beginning? And even then, chances are i may not have understood it fully. It is true that everyone has a right to choose what he wants to follow but whatever Madhab he follows, he must know what it is that he is following.


No madhab is better than another - but each is special in its own way and distinct. You should follow the school of thought which seems most rational to you and fits in with your world view as far as I can see, regardless of what the others around you may follow. It may be harder in the short term, but I would hesitate to venture more beneficial in the longer term, even if it is considered a "whim" by others.

I agree with what you say completely that we should be comfortable with what we follow and you are right each Madhab is distinct in its own way and special too. I am not calling the Scholars as choosing according to 'whims', i am talking about the ordinary 'common' people. Lets take for example, according to Hanafi Rule, so long as there are good relations among a Husband and wife , divorce is prohibited but Shafi'i believe it to be permissible. So if a man wants to divorce his wife even though they have no problems and it is not allowed in his Madhab. Then if he divorces his wife saying he follows Shafii in this matter, isnt it true that he is 'choosing' his Madhab to suit his wishes? This is what I meant by 'whims'. I agree it is really annoying because it shows that one is not sincere.



And By the way, I am a sister not a bother!:)

Wassalam.

P.S: Do point my mistakes... I am still learning...

[Mossy]

Sorry for the brothercalling sr Phoenix, my bad. I disagree somewhat with your position as I believe that the madhab structure follows an old saying - easy to pick up, hard to master. The juristic structure of each madhab starts with a basic set of "assumed" constants/methods and works from there. These are straightforward and form the basis of those aspects which take a lifetime to master.. Hence one does not have to be a mujtahid to change one's madhab..

Some people choose the most expedient path for a specific situation, some choose a ruling in the generalised context on the basis of pure reason. I would say the former is fatwa shopping and the latter an entirely different phenomenon.. Your example isn't that of switching madhabs as far as I can see - it is taking a position from another madhab rather that switching to another set of rules. In this case I'm uncertain as to whether this constitutes talfiq (patchin together rulings), which requires mujtahid status, as the man would presumably have married hanafi style and I'm not sure as to whether divorce is considered a part of marriage or a seperate action. I would also say that if a man went to such lengths to divorce his wife, then that particular marriage would indeed have problems - see the case of the wife of Thabit ibn Qays for an example of where the love simply wasn't there..

Funnily enough, you don't actually have to know what you're following - save perhaps in aqeedah. There is a level of obligatory knowledge incumbent on everyone, but I don't believe that includes usul fiqh.. But that's probably a discussion for another time..

Br Salman - another day then. We shall talk of taqleed and ittiba and other fun phrases :)

In answer to the question posed, I would say none at the current time. I am not personally convinced that the methodology of any particular madhab is a perfect means of deriving the Shariah as close as possible in this day and age. However, I do believe that together they do a pretty good job. Controversial, eh?

[Omar HH]

I am a Shafii, but am slowly learning the rulings of the Malikis. Once I am educated enough, insha'Allah I will become a Maliki.

I just need to learn a few more rulings.

[Shaykhs-Pir Sahib]

as salamu alaykum

<<For those that asked, I subscribe to the Ahlu Sunnah wel Jamaa'ah school of thought = people of the Sunnah and consensus ... madhab of the Prophet (saw) as understood by the companions and the 1st three generations.>>

don't we all?

<<I guess that makes me a Maliki, Shafici, Hanafi and Hanbali all at once. lol>>

are you being serious?

<<In other words I don't discriminate between the Scholars but judge their rulings in accordance to the provided evidence (from the Quraan and Sunnah).>>

no disrespect to you, but i have a few questions regarding your statement above:

1. are you aware of all the evidence to judge between the scholars?

2. do you follow the understanding of a scholar who claims to be able to do the above?

<<In instances where there is a difference in opinion - I'd go for the majority opinion or the one that appeals to me the most.>>

two questions:

1. who defines 'majority opinion' and what does it mean in this case?

2. following the stronger opinion in a said madhhab is far safer than following what 'appeals' to you the most - this is surely following your own whims and desires is it not?

<<As Mossy said, no madhab is better than the other and there is no compulsion to stick to one madhab only.>>

....though it would be better for the muqallid and certainly make more sense.

<<They differ on minor fiqh issues bu agree on all the fundementals of beleive and aqeedah.>>

actually, Imam Abi Hanifa and subsequently the maturidi creed does slightly differ from the Ashari creed.

[Mossy]

actually, Imam Abi Hanifa and subsequently the maturidi creed does slightly differ from the Ashari creed.

The key word being slightly ;) The fundamentals of aqeedah are the same for Ashari/Maturidi/Athari. And those are all you need. Apparently.

[IlyasLahoz]

:bism:
:salam:
From Sunnipath.com
Switching madhhabs due to not being able to find a teacher?

Answered by Sidi Hamza Karamali
I live in the USA and have been looking for a shafii fiqh teacher for a while to no avail. I am thinking strongly maybe to migrate to find one out of the USA but don't know what Allah will decree for me. I do know of hanafi ulema here. I will continue to try and go learn the shafii school properly for a while longer but if I cannot do you have advice on what I should do? Most of what I know about fiqh comes from reading translated fiqh works and asking Q and As online and for the shafii school this is also limited. Should I stick it out with this if I cannot go to a madrasa that teaches shafii fiqh or switch schools?




In the Name of Allah, Most Merciful and Compassionate


The four Sunni schools of fiqh are all means to operationalize the Sunna of the Messenger of Allah (Allah bless him and give him peace); they are not ends. It is a mistake to become emotionally attached to a particular school if one is unable to use it as a means to absolve oneself of one's responsibility before Allah.


If you are unable to worship correctly according to the Shafi'i school because of lack of knowledge, then you should switch to a school whose rulings you are able to learn adequately. Otherwise, switching schools is not necessary, although it is still permissible to do so if you wish.


And Allah knows best.


Hamza.

[pinkworld]

Salaaams again.

For those that asked, I subscribe to the Ahlu Sunnah wel Jamaa'ah school of thought = people of the Sunnah and consensus ... madhab of the Prophet (saw) as understood by the companions and the 1st three generations.

:salam:
This sounds very close to the "advise" that is dished out to unsuspecting Muslims at Salafist sites such as Muttaqun Online: ...with the following words or something to its effect.....
* I am a muslim. My methodology is Qur'an and Sunnah. Insha'Allah I follow the way of the salaf muslims. There are several shortcomings to such thinking,. See Who or what is a Salafi? Is their approach valid? (http://www.masud.co.uk/ISLAM/nuh/salafi.htm) for more information on the deviated nature of this sect.


I guess that makes me a Maliki, Shafici, Hanafi and Hanbali all at once. lol

No such thing. One completes an entire fiqhi action such as salah or siyam according to the reliably-transmitted rulings of one of the madhahib. Mixing the rulings of two or more madhahib in one action invalidates that action, as far as I know.


In other words I don't discriminate between the Scholars but judge their rulings in accordance to the provided evidence (from the Quraan and Sunnah).

In instances where there is a difference in opinion - I'd go for the majority opinion or the one that appeals to me the most. ...

None of us is more learned about Islam than the four Imams of the madhahib of the Ahlus Sunnah wal Jam`ah. How anyone could possibly expect to judge a ruling from a madhhab as correct or incorrect based on his own (incomplete) knowledge of Islamic fiqh is beyond me.

[Omar HH]

Mixing the rulings of two or more madhahib in one action invalidates that action, as far as I know.

What is the proof for the unlawfulness of talfiq? And what is its exact definition?
Answered by Shaykh Amjad Rasheed

What is the proof for the unlawfulness of talfiq? And what is its exact definition?

Talfiq is when a person joins between the sayings of two mujtahid imams in his worship or business whereby he produces a composed ruling which neither of the two imams agree with. The erudite scholar, Ibn Ziyad al-Yamani has restricted the impermissibility of talfiq to a single issue, such as the wudu. This is in contrast to the Shaykh Ibn Hajar who said that impermissible talfiq can occur in a single issue or even two issues, such as wudu and the prayer. It is therefore not permissible according to Ibn Hajar to follow the Shafi‘i school in prayer when one’s wudu is not valid according to the Shafi‘i school, such as when one touches a non-mahram (unmarriageable person of the opposite sex) [h: and does not repeat one’s wudu] and follows the the Hanafi school in wudu. Rather, one must pray as a Hanafi in this case, as well, just as one followed their school for the wudu. As for Ibn Ziyad, according to him, that is permissible because they [s. wudu and prayer] are two separate issues.

The proof for the unlawfulness of talfiq is clear. The person who is piecing together two sayings is either a mujtahid whose ijtihad led him to this position, or he is not a mujtahid, but only a follower. In the terminology of the scholars of usul (principles of jurisprudence), a follower is anyone who is not a mujtahid in rulings [s. of Islamic law] even if he reaches a high level of knowledge and fiqh. The mujtahid is not obligated to follow anyone; whatever conclusion he reaches with his ijtihad, he must follow it. As for a follower, he must follow a mujtahid imam. So when he performs worship or conducts business while combining between two schools or more, he has invented for himself a new school of thought and he is not even of the people of ijtihad. Thus, he is not acting by a school that is relied upon, because if he were to ask each mufti whose position he followed [h: when piecing together the act] about the entire [h: pieced together] act of worship, or business, [s. the mufti] would not be able to give a fatwa that his action was valid because he violated something that was a condition of validity according to him. And this is playing around with the religion as the erudite scholar, Abd al Ghani al Nabulsi said in his book, “Khulasa al-Tahqiq fi bayan hukm al-taqlid wa al-talfiq” (p. 56).

- Amjad Rasheed

(Translated by Shazia Ahmad)



السؤال: ما دليلُ حرمة التلفيق ؟ وما هو تعريفُه الدقيق ؟

الجواب : التلفيقُ هو أن يجمع الشخصُ بين قولين لمجتهدَين في عبادة أو معاملة بحيث يتولد منهما حقيقة مركبة لا يقول بها صاحباهما . وقد حصر العلامةُ ابنُ زياد اليمني صورةَ التلفيق الباطلة فيما لو وقعت في قضية واحدة كالوضوء ، بخلاف الشيخ ابن حجر فجعل صورة التلفيق الباطلة واقعة في قضية وقضيتين كالوضوء والصلاة فلا يجوز عند ابن حجر أن يخلّ المتوضئ في الوضوء على مذهب الشافعي كأن يمس أجنبية تقليداً للحنفية ويصلي على الشافعي أيضاً بل يلزمه عنده تقليدُ الحنفية في الصلاة أيضاً كما قلدهم في الوضوء ، أما عند ابن زياد فيجوز ذلك لأنهما قضيتين مختلفتين .

والدليلُ على حرمة التلفيق واضحٌ ؛ وذلك أن الملفقَ بين قولين إما أن يكون مجتهداً أداه اجتهاده إلى ذلك ، أو لا يكون مجتهداً بل هو عاميٌّ ، والعامي في مصطلح الأصوليين هو غير المجتهد في الأحكام وإن بلغ رتبةً من العلم والفقه . فالمجتهدُ لا يلزمه تقليدُ أحدٍ فما وصل إليه باجتهاده فعليه العملُ به ، أما العامي فيلزمه تقليدُ مجتهد ، فمتى عمل عبادة أو معاملة ملفقةً من مذهبين أو أكثر صار مخترعاً له مذهباً خاصاً وليس هو من أهل الاجتهاد ، فلا يكون عاملاً بمذهب معتمد ، لأنه لو سأل كلَّ مفتٍ ممن قلد قولَه عن جملة تلك العبادة أو المعاملة لما ساغ له الإفتاءُ بصحتها لفقد شروط صحتها عنده ، وهذا تلاعبٌ في الدين كما قال العلامةُ عبد الغني النابلسي في كتابه "خلاصة التحقيق في بيان حكم التقليد والتلفيق" (ص 56)

Related Questions

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[Mossy]

None of us is more learned about Islam than the four Imams of the madhahib of the Ahlus Sunnah wal Jam`ah. How anyone could possibly expect to judge a ruling from a madhhab as correct or incorrect based on his own (incomplete) knowledge of Islamic fiqh is beyond me.

Funnily enough, you don't need to discern correct or incorrect. By definition all mashur akkham are correct accordant to their usul.

I suppose it depends on whether you view the Shariah as applied to human actions as a single set of actions, or a broader set of rules, all of which are valid.

The idea of absolute truth is an interesting one..

Different schools have classified talfiq in different ways, but generally one should tiptoe carefully.

[Sahara]

**I suppose it depends on whether you view the Shariah as applied to human actions as a single set of actions, or a broader set of rules, all of which are valid.**

very interesting point.isn't it just. hmm.

[sAmrA]

I would switch over to Shafi'i because I already know a bunch about it because I grew up kinda learning both. I guess you coulda called me a Shanafi back then. So if I HAD to change it I would go over to Shafi'i because it would be easier for me to switch over because I know more about that madhab than Maliki or Hanbali.

[Zidane]

I guess you coulda called me a Shanafi back then.
nice term: shanafi

[aMuslimForLife]

All I can say is the Maliki madhab is the madhab to switch to, this seems to be the dominant opinion on this board, and this is the madhab I pick.

Al hamdullah.

[ilm_seeker]

All I can say is the Maliki madhab is the madhab to switch to, this seems to be the dominant opinion on this board, and this is the madhab I pick.

Al hamdullah.
As sallamu alaikum

Akhi, are you the same 'aMuslimForLife' who has on CG?

Wa alaikum as sallam

[Muslimsister]

assalamu `alaykum,
I would choose the Hanafi madhhab. I respect Imam Abu Hanifah immensely; and his methods make more sense to me. I do wonder how much of this might be because I am a convert to Islam.

I myself am practicing hanafi now, but am soon possibly changing to maliki, wa Allahu alim. My decicion is solely based on family matters, though, i, too love the hanafi madhab. The hanafi info is mashaAllah easily available, may Allah reward those active scholars! other madhabs seem to require a bit more effort, or is it just me?
Beeing a convert and choosing your madhab sure is an interesting question... I myself am a con(re?)vert and have had to ponder on this issue quite a few times. I guess its easier as converts to stick with salafies for this reason, may Allah save us of this!
Info on madhabs is not easily available... This sure is a problem in the Country where i am from, among converts, that is. It is so easy, mashaAllah, to be "born into" some madhab and thus only to aquire knowledge of this particular madhab. We without this priviledge are forced many a times to "pick and choose" just because of lack of knowledge...
It would b interesting if someone had any info on this question of how to decide on the madhab?

ws,
ukhtukum

[Mossy]

Coo. Memories. Ahem.

[Waqqas]

Lets take for example, according to Hanafi Rule, so long as there are good relations among a Husband and wife , divorce is prohibited but Shafi'i believe it to be permissible. So if a man wants to divorce his wife even though they have no problems and it is not allowed in his Madhab. Then if he divorces his wife saying he follows Shafii in this matter, isnt it true that he is 'choosing' his Madhab to suit his wishes?

Salaam I just read the majority of this thread and came across this information. Does this mean, that if there are good relations between a husband and wife, that according to the hanafi madhab, if he tries to issue a divorce, that it wouldn't count, or that it would be valid but sinful?

[jaylen]

I'm not sure which one I would choose since honestly I don't know much about many of them. which is unfortunate but I have been reading about sufi and that I like it very much but I don't know which madhab they follow exactly.

[Waqqas]

Salaam

An anology...regarding the mentality that we should look for the strongest opinion within the 4 madhaahib..

Supposing, 2 people are known for baking excellent cakes. They have a certain recipe they follow, and the end-result is a delicious cake everytime. But, the cakes are different from one another, which doesn't mean either is better, they're just baked differently, and by the end, they're both very good. One cake maker has his own way of preparing, and putting in different ingredients at their respective times. The other cake maker has his own way as well.

What would happen if one cake maker started skipping his own steps for baking the cake, and started implementing, steps from the other person, or if one person, started using the same ingredients, while still following his own steps..they would end up with a cake that would be a disaster, or wouldn't be as good as the first one.

If we're always looking for the stronger opinion, I understand it seems to be the best thing, but we have to understand that these madhaahib, were formed on a whole methodology of doing things, and were operationalized....by following a madhab strictly, you're taking the safe path...by taking a "stronger opinion" from here and there, you could be doing something against the principles on which the madhab was derived and formed.

Yes, a cake maker could take an ingredient once in a while from the other cake maker, or try one of the other cake makers' steps. But the cake maker would have have to make sure, he's doing it properly. Similarly, yeah, once in a while, one could use a dispensation from another madhab, in times of need, but if you do that, you have to make sure that whole act is done according to the madhab(regarding examples, maybe the ulaama and/or more knowledgeable can help me out), not just the specific action you would like to implement due to your circumstance.

May Allah forgive me, if I offended anyone or said anything wrong, I only want khair for everyone..

Salaam

[UmmIbrahimIsa]

I'm not sure which one I would choose since honestly I don't know much about many of them. which is unfortunate but I have been reading about sufi and that I like it very much but I don't know which madhab they follow exactly.


assalamu alaikum wr wb

they follow many.... like hanafi, shafi'i, maliki....

[seven]

jafri madhhab... why? coz of mut'a

but since it's not permissable....

[Saleel]

:salam:

Salaam I just read the majority of this thread and came across this information. Does this mean, that if there are good relations between a husband and wife, that according to the hanafi madhab, if he tries to issue a divorce, that it wouldn't count, or that it would be valid but sinful?
That is the first time I have heard such a view. I would be very weary before accepting it. I'm quite sure there is ijma in the Hanafi maddhab that if the husband utters three talaaqs/divorces (Talaq-e-Mugallazah), the marriage is annulled. And she can only be halaal for him again if halalah is performed. It is best if you check this with the 'Ulema however.

I remember reading fatwas from Mufti Ebrahim Desai, where the questioner had asked that her husband jokingly said "I divorce you" three times to her. Mufti Desai's verdict was that this constituted divorce. Wallahu Alam.


jafri madhhab... why? coz of mut'a

but since it's not permissable....
The "Jafari" fiqh is followed by the Ithnaa-Ashariyya group of Shia. The majority of the Sunni 'Ulema, particularly those of the Indian sub-continent, have declared them as Kaafirs. Wallahu Alam.

:salam:

[jaylen]

assalamu alaikum wr wb

they follow many.... like hanafi, shafi'i, maliki....

oh, I didn't realize that. jazak Allah khayr for the clarification.

[saq333]

If I could pick a madhab based soley on its rulings/methodology/and soundness,
Id definitely pick the Maliki Madhab.

(its not practical for me, since there isnt even ONE Malki teacher that I know of in the Chicago area).

Most classical scholars would agree that it had the most effective method of actertaining the Sunnah.
(even Imam Abu Hanifa's student--Imam Shaybani rahimAllah testified to this)

Living in the City where RasoolAllah (s) died only 2 generations ago, the Sunnah of Medina by the Taibiyeen/TabaTabiyeen would surely not be far off from authentic Sunnah.

Direct testimony of hundreds of Tabiyeen, vs Hadith reports ususally based on a chain of narration originating from one person (alhumdulliah those people were pious, and may Allah grant them Junnah)...but I would find the sunnah of a collective group to be more precise than a single testimony.

salaam
saqib

[Katsa]

Salam...
Why Are You All Discussing This...
One Thing I Like To Add Is...
Hanafi,shafi,malki,hambli Are Not Madhab...
They Are Fiqh...
Our Madhab Is One And Only Islam...
So Only Call Islam The Madhab...
Not The Fiqh...
All Fiqh Are Good To Follow...
But Step In One Boat Not In Two Or More...
Please Change The Word Of Madhab From Entire Forum...
Its Fiqh...
And It Is A Request...
Not A Order...
Insh Allah Coming Soon...

[UmmIbrahimIsa]

assalamu alaikum wr wb

madhaab is school... fiqh is jurisprudence.

[Muawiyah]

In urdu the word "madhhab" is a synonym for Deen, we say the madhhab of the christians, the jews and the hindus etc.

[someone]

but I don't know which madhab they follow exactly.

You can ask them as it all depends on which Tariqa you are choosing and what Madhab they follow. Like, we follow Hanafi.

[Omar HH]

In urdu the word "madhhab" is a synonym for Deen, we say the madhhab of the christians, the jews and the hindus etc.

Same in Arabic actually - i've heard similar.

[Kareem]

man im so unsure of what to do, ive been following the hanafi madhab but since i dont have a teacher or anything i relaly need some really comprehensive fiqh books to cover my basis. like the reliance. it seems that all the available english hanafi fiqh books are badly produced indo-pak productions and i feel uncomfertable with that.

im especially interested in the shafi'i and maliki madhab but i don't know where to look for information on both of these madhabs to kind of get an image to help me make a choice.

i need someone to talk to about this who knows his stuff, im tired of being on my own

[Mossy]

There has been a lot of resources provided on the Maliki madhab, for example, I provided some resources here:
http://www.sunniforum.com/forum/showthread.php?t=8063

I personally think the Guiding Helper is the best resource with which to go for us lay folk, but your mileage my vary :)

With respect to the Shafi madhab, I haven't really seen many resources available online beyond the sunnipath website and some of gf haddad's work. The Reliance used to be available at http://muhaddith.org/ too (there are a few other good Shafi texts translated as well, but none nearly as comprehensive)

Maybe take sunnipath classes?

[scoping_man]

One valid reason for a person to give up their mazhab if the authenicity of that Mazhab was not preserved in its correct form. There were many Mujtahids and each had their own fiqah. But the present four schools of thought were preserved in the correct manner till now.

But Later on, near the Day of judgement where Fitnah will prevail and scholars of their of respected Fiqah will diminish from the one of the four mazhabs, then I will be forced to follow the mazhab where the preservation of the Fiqah will not be affected and there are Ulama guiding that school of thought. But till then I'm a Hanafi.

[Hamood]

man im so unsure of what to do, ive been following the hanafi madhab but since i dont have a teacher or anything i relaly need some really comprehensive fiqh books to cover my basis. like the reliance. it seems that all the available english hanafi fiqh books are badly produced indo-pak productions and i feel uncomfertable with that.

im especially interested in the shafi'i and maliki madhab but i don't know where to look for information on both of these madhabs to kind of get an image to help me make a choice.

i need someone to talk to about this who knows his stuff, im tired of being on my own

If you don't mind me asking, where are you located?

There is really no shortage of hanafi ulema prettry much all over the globe. You should not be on your own bro, insha allah.

[laughinglion]

:salam:

See this http://ourworld.compuserve.com/homepages/ABewley/ site contains plenty of info on many aspects of Maliki fiqh (incl., translations of classical works), tasawwuf (again includes translations), contemporary original scholarly works relating to Islam and modern poltical issues, all produced by English speaking muslims. Excellent resource. The Guiding Helper is also a top hole resource.

Is there any way I can access the whole guiding helper site in order to copy it to disc ?

with peace.

[laughinglion]

:salam:
As a convert to Islam I chose my madhhab by a study of the foundations and principles of the four schools ((and this should be foremost when adopting a madhhab in order that one is sure within ones self that one is on the sunnah of The Best of Creation :saw: after a brief flirtation with 'salafism' (I now find their rhetoric extremly tiresome. This is not up for discussion. Its tiresome and sad). I chose to adopt the minhaj of The Scholar of Medina, Imam Malik ibn Anas :anhu: and follow the Mother of All the Madhaahib. If I had to make a choice I would take al-Muwwata' and/or al-Mudawwana Kubra and start my own madhhab.

And may Allah bless and honour all of the Shuyukh, `Ulama and 'A'imma of Ahlu's-Sunnah wa'l-Jamaa`a and benefit us by honouring them and following them.

and peace

[godilali]

The Maliki madhab is awesome mashallah, but since when was it "Mother of All the Madhaahib?" I know the Shafii and Hanbali madhabs descend from it, but not the Hanafi madhab.

[laughinglion]

:salam:

Someone wrote "no madhhab is better than another", I beg to differ. :cool:

peace

[AhmedBahgat]

This is an interesting point. If it is only "from piety" to stick to one school, but not a legal/juristic compulsion, then on what grounds can one "choose" to follow a ruling from another school?

I will take issue with your first inference. The mujtahid will fully understand the details of the proof, the one not at that level will still have some level of understanding, but not a perfect one. Fiqh isn't limited in understanding to only mujtahids - the key differential of the mujtahid is that they have the knowledge/skills to be able to maintain internal consistency in their analysis of the nusus etc when determining a non-immediately reconcilable problem. Therefore it is not impossible to understand the reasoning behind their decision/judgement for one not on their level, the main difference between following a result of the ijtihad of a mujtahid and doing your own ijtihad is that the mujtahid eliminates a large part of false reasoning due to their extra knowledge. Therefore it is not necessary to be a mujtahid to understand their reasoning as it simply follows from whatever axiomatic system of fiqh they happen to follow.

As for the second, you may label it as you wish. However, perception does play some role in fiqh as I'm sure you know - istihsan for example. It's one of the key differentiators of the Hanafi school of fiqh as opposed to the other major three, although, of course, at a scholarly level. Is it obligatory to follow the results of the istihsan of a scholar or indeed qiyas? Is choosing not to follow the result of ray of a certain scholar and instead following that of another in a certain issue blameworthy in itself? Or is it dependent on the reasons for which one chooses one over the other?

If it is blameworthy in itself for a layman, then it would seem that there is no place for personal opinion in choosing the way one implements Islam into one's life. If it is blameworthy when done on a whim/with imperfect understanding, then it's not so clear. If it is permissable to choose on any basis the results of scholarly opinion (as opposed to ijtihad), then it would seem there is a place for lay personal opinion in this. These considerations can then be extended to ijtihad on areas where there is ikhtilaf - is it actively blameworthy to choose one view in preference to another? Should only majority views be followed? Under what circumstances is it not blameworthy to follow a non-majority view/the view of another madhab?

Is it even possible to follow the view of another madhab/non-majority view (let's take asr time for example) with respect to ijtihad if, by definition, this is following one's whims as one cannot hope to have any level of understanding as this is the reserve of mujtahids alone? (discounting areas of ray etc)

Is doing so actively blameworthy?

Ahh, what a ramble. My apologies, I should go and have some tea..

well said bro

Peace

[IlyasLahoz]

well said bro

Peace
Salaam 'Alaikum,
There was a interesting discussion that sprung from this very thread. Well worth the read:
http://www.sunniforum.com/forum/showthread.php?t=597

[mujahideenryder]

maliki straight up

its the laziest madhab....hahahaa

[Mossy]

Nothing quite as relaxing as the arms down by the sides, eh? :)

I should really have posted my reply to that rolling mossy thread - entitled tahafut an ajiba.. cough.. Oh well, too late now..

[IlyasLahoz]

This question is not so hypothetical to me.
I started out Maliki and made the switch to the Shafi'i Madhhab because at the time that I became more serious about learning fiqh, it was easier for me (geography, availability of scholars, books etc) to learn the school of Imam ash-Shafi'i. Although if I had to switch again, I would definitely go back to Imam Malik.
Seems that in fact i have switched back...

[Muhammad al-Ayyub]

Nothing quite as relaxing as the arms down by the sides, eh? :)


jokers lol

[Noor ul Islam]

AssalaamuAlikum
All the four Madhahibs are Haqq and on the right path InshaAllah. May God gather all of us in Jannah as we all are together in following the path of the Ahle Sunnah Wal Jammat.
Wassalam

[ahkar]

maliki straight up

its the laziest madhab....hahahaa
:salaam: u should'nt take the mick out of any madhab

[ahkar]

AssalaamuAlikum
All the four Madhahibs are Haqq and on the right path InshaAllah. May God gather all of us in Jannah as we all are together in following the path of the Ahle Sunnah Wal Jammat.
Wassalam
:aamin: