Fatwa: Impermissible to change madhhab (?!)

[al_Zayn]

Br Abdulwahhab is correct that if a person is ma'zoor and doesn't disclose this and just asks a general question 'can i read read Salah without re-doing wudhu'? obviously the general answer would be no, it is haraam. but there is a exception if the said person explains his position to the 'Ulama well, but that would entail him disclosing his problems. Similarly in the Hanafi Madh-hab - Madh-hab hopping is not allowed and that is the general ruling and only exceptions can change this ruling depending on person and situation. The questioner (in the fatwa) if he was Hanafi in the first place didn't have any valid reason according to the Hanafi Madh-hab to change his Madh-hab or didn't disclose any other reasons that would allow the Rukhsah. Simple.

No need to get alarmed.

Wallahu A'lam

[ahamed_sharif]

Assalamu alaykum

There are general rulings

and

There are exception for mazoor. Scholars give exceptions after studying the uzar. Other recipients should not create the uzar. People with existing similar uzar can receive the exceptions.

It is something like doctor and patient relationship. How can a doctor help a patient when the patient doesn't believe the doctor.

[abdulwahhab]

brother,

So you make generalization on what kind of difficulty that other brothers may face (of which may be staying some over 10,000 miles away)? Do you seriously think think that Mufti Ebrahim Desai would give an answer like what you just wrote? And do you think that Mufti Ebrahim Desai can solve anything through just emails? Do you really think that there's not even remotely that there might be some personal problems that's somehow specific to the questioner?

Double standard to the questioner and to the answering person? Are you kidding me? Is there such a classification?

If you reread my postings back, I am all against any blanket of generalization as nobody on this forum might not be familiar with the problems that the questioner might face (if any). Isn't it better if the questioner himself/herself take some time to discuss his/her matters with any qualified scholar rather than be bombarded by any accusation from a *fellow* Muslim that he/she just wanted to change his madzhab because of his/her nafs? Have you yourself ever asked the questioner if he/she might have some real problem before lumping him/her with that generalization?

Can't you refrain yourself from making broad generalization?

Now I have no idea what you're talking about. I'm referring to the person who posed the question on the Ask Imam website. The response he got was appropriate because he failed to disclose his reasons for changing his madhhab. If he did, the reply may have been different. But the general ruling in the Hanafi madhhab regarding changing one's madhhab is that of impermissibility. But then, people start accusing the Mufti of being inconsiderate and making blanket remarks...

Consider the example I gave before again. If a person is a ma'zoor but doesn't disclose this fact to a Mufti, would the Mufti say, "It's okay to pray if your clothing has urine on it"? Of course not. He would say it is not permissible. Similarly, if a person asks Mufti Desai a general question about whether he should change his madhhab, the Mufti is tasked with giving a general response which is the mu'tamad, the mufta bihi opinion of the madhhab. Anything beyond that would only cause doubt and uncertainty. If the questioner is more specific in his query, sure, he may be eligible for a rukhsa. But, if nothing as such is specified, the general ruling applies.

If the person has a personal issue, then he should have told the Mufti of this but asked that the information not be disclosed on the public website. Or he could have contacted a local 'alim or Mufti himself. It's kind of a roundabout way to seek out a distant scholar and have him tell you to seek local scholars. The reason a lot of us on these forums suggest people to seek out local scholars is because we are not scholars. You won't find many scholars on this forum suggesting that a person seek out local scholars, especially if the person does not suggest that the issue isn't fully disclosed and is of a personal nature.

[faizol]

Assalamu alaykum

There are general rulings

and

There are exception for mazoor. Scholars give exceptions after studying the uzar. Other recipients should not create the uzar. People with existing similar uzar can receive the exceptions.

It is something like doctor and patient relationship. How can a doctor help a patient when the patient doesn't believe the doctor.

Agreed. However, let's let the process take its place first. And I'm not specifically talking about the example cited by the OP, but on the overall "changing madzhab issue". While there's a general rule of thumbs, we can't make a generalization that every intention to change madzhab happens because of nafs. Sadly, that's what most responses here seems to be (that is too quick to lump any case as such). Let the person involved settle his/her issue with the help of any qualified scholar . If he/she can meet the qualified scholar face to face then the better it is.

[ahamed_sharif]

Assalamu alaykum

While there's a general rule of thumbs, we can't make a generalization that every intention to change madzhab happens because of nafs.

The scholars have the experience, present and inherited past. In most cases it is nafs. If you read their opinions they say it is compulsory to change the madhab if no scholar is available to guide you in your present madhab.

[rqsnnt]

I came across the following fatwa, and frankly, I found it very alarming. Is anyone able to give some kind of explanation?



Source: http://www.askimam.org/fatwa/fatwa.p...1824f0dac81a39

I also came across another following fatwa.


“If someone is a Hanafee and becomes a Shafi’ee, then his witness will not be accepted” (Durr Mukhtaar (Urdu Trans.), vol.3, p.297)

“When a person switches from one Madhhab to another Madhhab, he shall be inflicted with Ta’zeer.” (Durrul Mukhtar) Ta’zeer refers to punishment meted out by an Islamic court. Such punishment may either be flogging or imprisonment.” Kitabul-Imaan p.73.

http://www.askimam.org/fatwa/fatwa.p...e379257532defa

[ahamed_sharif]

“If someone is a Hanafee and becomes a Shafi’ee, then his witness will not be accepted” (Durr Mukhtaar (Urdu Trans.), vol.3, p.297)

“When a person switches from one Madhhab to another Madhhab, he shall be inflicted with Ta’zeer.” (Durrul Mukhtar) Ta’zeer refers to punishment meted out by an Islamic court. Such punishment may either be flogging or imprisonment.” Kitabul-Imaan p.73.

So what is the solution? change to the fifth madhab!!!!!!!!!!

[Muhammad_786]

I also came across another following fatwa.


“If someone is a Hanafee and becomes a Shafi’ee, then his witness will not be accepted” (Durr Mukhtaar (Urdu Trans.), vol.3, p.297)

“When a person switches from one Madhhab to another Madhhab, he shall be inflicted with Ta’zeer.” (Durrul Mukhtar) Ta’zeer refers to punishment meted out by an Islamic court. Such punishment may either be flogging or imprisonment.” Kitabul-Imaan p.73.

http://www.askimam.org/fatwa/fatwa.p...e379257532defa

Please correct me here (if I am wrong) the above fatwas seem to be specific to the Indo/Pak continent? I have not read those books so I am not too sure. In South Africa we can not try and hide the fact (this is common knowledge here - the 'North vs. South' devide) that there is anomosity between Ahnaaf & Shawafee ulema (apparently this stems from the Indian and Malay respective schools/madhaabs as mentioned.)

[Abdul1234]

just a thought.

Maybe if some asked these same scholars the question

'if a person ignorant in Islam is living in a country where they can study fiqh but not of that Madhab of which their family claims to follow

can they adopt the madhab of the scholars with which they are able to study as they are ignorant about the madhab which their family claims to follow?'

or a similar question then maybe they will give a different answer.


When I read these things on Deobandi websites I always assumed that these rulings were based upon the fact that people change

Madhabs because of their Nafs


Some scholars have changed their Madhabs in the past and they obviously didn't share this Fiqh opinion.


At the end of the day not all scholars hold the view that changing madhabs is impermissible under all circumstances

and if someone becomes truly convinced that another madhab than the one they are following is the more correct and closer to

the way of the Prophet (saws) than the one that they are currently living by then surely...

(even if the ijtehad of the madhab of the scholar who prevented them from changing will protect them from blame)

...wouldn't they risk feeling embarrassed in front of Allah on the Day of Judgement to have followed what they believed in their

hearts was second best.

just a thought

[Abdullah288]

Assalamu alaykum

http://qa.sunnipath.com/issue_view.asp?id=500
Objection to Following Another Madhab Answered
Answered by Shaykh Faraz Rabbani


Question:
Objection: If a person is a Hanafi, then he should he should only follow his madhab. he should not be taking things from the other madhabs and mix it with his madhab. Because then this person would be following his desires (Nafs) and not following his madhab. As in the case of menstruation, a person is not allowed to recite the qura`n, except those verses which are prescribed as (or read as duas), and a husband is not allowed to have intercourse with his wife.


Answer:

Walaikum assalam,

You are confusing two issues:

(a) Following another madhhab completely in a complete action, and (b) mixing the positions of more than one madhhab within one action, in such a way that it is not independently valid in either one (talfiq). The latter is impermissible and invalid according to the fuqaha. Ibn Abidin (imam of the late Hanafi school for fatwa) and Ibn Hajar al-Haytami (imam of the late Shafi`i school for fatwa) both transmit scholarly consensus (ijma`) regarding its impermissibility.

Following another madhhab completely in a complete action, however, is valid according to the majority of the scholars of usul al-fiqh, and fuqaha, on the condition that there not be a systematic seeking out of dispensations. This was confirmed by Ibn Abidin in his Hashiya, Tahtawi in his Hashiyat al-Durr, Abd al-Ghani al-Nabulsi in his Sharh al-Tariqa al-Muhammadiyya and in his treatise on ijtihad, taqlid and talfiq, and is the position adopted by the Syrian Hanafi scholars.

The scholars of the Indian Sub-continent generally do not allow this, except under exceptional circumstances, but not because it is per se invalid, but for obvious reasons:

(a) In their millieu, it is not normally possible for one to find a qualified source or scholar from another school;

(b) To close the door to the systematic seeking of dispensations.

But, even Indo-Pak scholars who advocate this position admit, this is more an answer of prudence than a theoretical impermissibility.

I wonder whether the position enunciated in the major texts of the school is not more suited to our situation in the West. People have a lot of difficult situations and challenges in their lives, and this makes things easy for them while remaining within the boundaries of sound sunni scholarship, instead of running to the modernists and salafis...

Sticking to One School

It is not religiously binding on the Muslim to stick to one school on all matters, without exception, as both al-Tahtawi and Ibn Abidin (Allah have mercy on them), the two leading late authorities for fatwa in the Hanafi school, both explain. Rather, there is nothing wrong with taking a dispensation if there is a need; what is impermissible is to make it a habit to seek out dispensations [i.e. even if there is no hardship or need].

The Path of Taqwa

The path of taqwa, as the scholars and sufis explain, is to avoid taking dispensations unless there is genuine hardship in following one's own school. In fact, they say that those who have learned their own school should seek out the strictest positions from other school whenever reasonably possible, so that one's worship and practice is sound without argument.

May Allah grant us beneficial knowledge, and the success to act according to it, on the footsteps of the His Beloved (Allah bless him and give him peace), with the secret of sincerity, without which actions are but lifeless forms.

And Allah knows best.

Wassalam,

Faraz Rabbani.