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Thread: What if a couple marries that have different Madhabs??

  1. #41
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    Default Re: What if a couple marries that have different Madhabs??

    Quote Originally Posted by Revert2001 View Post
    Allah (swt) has given me a brain and allowed me to have common sense.

    Quite simple when you think about it...........
    Common sense will not tell you whether or not a hadith is Sahih or whether or not a ruling is correct. You need 'ilm for that.


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    Senior Member Nawawi619's Avatar
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    Default Re: What if a couple marries that have different Madhabs??

    Quote Originally Posted by Revert2001 View Post
    Allah (swt) has given me a brain and allowed me to have common sense.

    Quite simple when you think about it...........

    Sure Allah has given us all brains but does that mean we know everything? Allah even says in the Quran " do people who know and people who dont know equal?" Allah has given each human being different aptitude and intellect. Not all are equal. It's delusional to suggest otherwise.
    Imam ash-Shafi`i said, "Whoever takes knowledge from books loses the regulations." (man akhadha al-`ilma min al-kutubi Dayya`a al-aHkaama). [Reported by Nawawi in the introduction to "al-Majmu`"]




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    Default Re: What if a couple marries that have different Madhabs??

    Let's say that I have a madhab and follow every ruling except one.

    On this one issue I feel my madhabs ruling is incorrect.

    And another madhabs ruling is closer to what I believe.


    Should I just submit to my madhab on this one issue even though I don't agree?

    Would I be wrong to go against my madhab and follow another madhab on this one issue?


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    Senior Member Nawawi619's Avatar
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    Default Re: What if a couple marries that have different Madhabs??

    Quote Originally Posted by Revert2001 View Post
    Let's say that I follow a madhab and follow every ruling except one.

    On this one issue I feel my madhabs ruling is incorrect.

    And another madhabs ruling is closer to what I believe.


    Should I just submit to my madhab on this one issue even though I don't agree?

    Would I be wrong to go against my madhab and follow another madhab on this one issue?
    We don't follow based on "feelings." Also how do you know a certain ruling is incorrect? This takes knowledge to differentiate between correct and incorrect. If you feel the dalil is stronger than another then that would assume that you are at a level of knowledge to be able to weigh different evidence and compare the usul of other schools.

    There isnt a prohibition from following positions from other madhhabs, but there are conditions. One of which is it cannot be connected in an act of worship or its conditions. Example, you cant have the minimum of a Shafi'i wudu, then pray in a group prayer in a hanafi. Because both madhhabs will call your prayer invalid why? shafiis in wudu, the minimum is wetting one hair for the head, the hanafis require at least a 1/4 be wiped. in group prayer shafiis require recital of fatiha even if the imam is reciting, something the hanafis dont require. With this both will consider your prayer invalid.
    Imam ash-Shafi`i said, "Whoever takes knowledge from books loses the regulations." (man akhadha al-`ilma min al-kutubi Dayya`a al-aHkaama). [Reported by Nawawi in the introduction to "al-Majmu`"]




  7. #45
    Senior Member mercyofAllah's Avatar
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    Default Re: What if a couple marries that have different Madhabs??

    Quote Originally Posted by Revert2001 View Post
    Let's say that I have a madhab and follow every ruling except one.

    On this one issue I feel my madhabs ruling is incorrect.

    And another madhabs ruling is closer to what I believe.


    Should I just submit to my madhab on this one issue even though I don't agree?

    Would I be wrong to go against my madhab and follow another madhab on this one issue?

    All your questions have been answered in the link I gave. Why dont you just go through?
    These sort of questions have been asked repeatedly in this forum. So why to waste time in this blessed month. Just go through the book if you need the answer.


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    Default Re: What if a couple marries that have different Madhabs??


    There are certain commandments in the Qur'an and Sunnah which a lay person can understand. Such commandments are not intricate, ambiguous or contradictory. Understanding these commandments and their implications can be effortlessly achieved without confusion. For instance, Allah says:

    "Do not back bite" (Surah Al-Hujuraat: 12)

    Anyone familiar with the Arabic language will immediately understand the verse, since there is no ambiguity in the statement, and nor does it clash with any other Islamic value it is readily understood.

    Likewise, the Prophet sallalahu alaihi wa sallam said: "There is no preference of an Arab over a non-Arab"

    This Hadith is also clear and uncomplicated. A rudimentary knowledge of Arabic would enable its understanding. Conversely, there are many commandments in the Qura'n and Sunnah which are ambiguous. In fact, there are some statements which seem to contradict other verses of the Qura'n or a Hadith. For Example, the Quran says:

    "And those women who are divorced should wait for three 'Quruu'." (Surah Al-Baqarah:228)

    The verse has stipulated that the waiting period for a divorced woman, in order to remarry, is three 'Quruu'. The word Quruu in the Arabic language is used to denote both the monthly menstruation period (Haydh) and the time in between the monthly period (Tuhr). If the former meaning were taken, then the rule would be that a divorced woman should wait for three monthly menstruation periods (Haydh) to elapse. If the later meaning is taken, the rule would be that the divorced woman should wait until three months in between her monthly menstruation period (Tuhr) have expired. The question is which one of these two meanings applies. Similarly a Hadith of the Prophet sallalahu alaihi wa sallam says:

    "Whoever does not stop the practice of Mukhabarah should hear the proclamation of war (against him) for Allah and His messenger."

    Mukhabrah is a specific kind of farming in which a landlord makes an agreement and a farmer, who is hired by him, to cultivate his land. The agreement stipulates the amount of produce, which is to be divided by each party. There were several forms of Mukhabarah practiced during the time of the Prophet sallalahu alaihi wa sallam. This particular Hadith is brief and vague as to which particular kind of Mukhabarah is forbidden.

    The Prophet sallalahu alaihi wa sallam said in another Hadith:

    "Whoever has an Imam, then the Imam's recitation is his recitation." [1]

    This seems to indicate while the Imam is reciting in salaat, the follower should remain silent. However, another Hadith says:

    "There is no salaat for he who does not recite Surah Al-Fatiha." [2]

    This seems to indicate that everyone should recite Surah Fatiha. The question arises whether the first Hadith should be taken as the primary source referring to the Imam or the one who offers salaat individually and the second Hadith explained as a corroborating evidence; or should we make the second Hadith the base and that the first Hadith refers to the Imam's recitation after he recites Surah Fatiha.

    Needless to say from the above examples, the process of extrapolating rules from the Qura'n and Sunnah can be complicated. One solution is that we exercise our understanding and insight in such issues in order to make our judgments and rulings.

    Another solution could be that instead of making independent rulings ourselves, we look into what the predecessors ruled concerning these issues. After investigating the opinions of the scholars whom we know to be more qualified and more adept in these issues than ourselves, we rely on their understanding and insight and act according to their rulings. If we consider with fairness, from the two options (mentioned above), the former option (of exercising our own understanding) is fraught with difficulties, which will be examined later. The second option (of relying on the opinion of a scholar from the past) is much more cautious. This is so not merely because it seems like a humble approach but because it is an undeniable reality that we have very little resemblance with the scholars of the first Muslim era. We fall short of their knowledge, understanding, intelligence, memory, morals and piety. In addition, the scholars of the first era were close to the environment and time when the Qura'n was revealed which allowed understanding the Qura'n and Sunnah in its entirety. We, on the contrary, are so distant from the time when the Qura'n was revealed that we are not disposed to a comprehensive understanding of the Qur'an's background, to its environment, the social norms of that time and to the language of that era. The factors listed above are indispensable if anyone is to understand the Qura'n and Sunnah.


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    Default Re: What if a couple marries that have different Madhabs??


    Shaykh Khatib Al-Baghdadi writes: "As far as the Islamic rules are concerned, there are of two types. The first are those which are known by necessity to be part of the Deen of the Prophet sallalahu alaihi wa sallam like the five prayers, Zakaat, fasting in Ramadhan, Hajj; the prohibition of adultery, wine and so on. Taqleed is not allowed in these issues since they are such that everyone should know and understand. The second type are those rules which need to be understood and extrapolated such as the details of the rituals of worship, transactions and weddings, for example, Taqleed is allowed in these issues since Allah says:

    "So ask the people of remembrance if you know not." (Surah Al-Nahl: 43)

    If Taqleed was not allowed in these issues it would mean that everyone would have to learn these particulars (directly). This would cut off people from their work and livelihood; ruin crops and destroy cattle. Thus, this requirement [of learning these details] should be dropped." [4]


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    Senior Member Revert2001's Avatar
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    Default Re: What if a couple marries that have different Madhabs??

    Quote Originally Posted by Nawawi619 View Post
    There isnt a prohibition from following positions from other madhhabs, but there are conditions. One of which is it cannot be connected in an act of worship or its conditions. Example, you cant have the minimum of a Shafi'i wudu, then pray in a group prayer in a hanafi. Because both madhhabs will call your prayer invalid why? shafiis in wudu, the minimum is wetting one hair for the head, the hanafis require at least a 1/4 be wiped. in group prayer shafiis require recital of fatiha even if the imam is reciting, something the hanafis dont require. With this both will consider your prayer invalid.
    Wow.........just...Wow

    This thread just opened my eyes as to why the ummah is in such a mess!!

    Here we are spending tons of our vital intellectual energy on issues like how many hairs on your head should be wet during wudu based on which madhab you follow.

    No wonder muslims haven't invented sqwat in the last 1,000 years.

    The West controls basically every Islamic nation.

    And 14 million Jews bully 1.5 billion muslim people.

    This is depressing............


  11. #49
    Senior Member muminah's Avatar
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    Default

    Quote Originally Posted by Revert2001
    Let's say both husband and wife where Maliki when they got married.

    A couple of years down the road one of the spouses decides to follow another madhab and switches teams.

    Could that be seen as a betrayal in the marriage?

    Would that be grounds for divorce?
    Are you serious?! Grounds for divorce because a person changes their madhab?! Have we gone insane?

    Switching teams is when you leave the Sunni school of thought, not when changing madhabs.
    اللهم اني اسالك حبك و حب من يحبك والعمل الذي يبلغني حبك اللهم اجعل حبك احب الي من نفسي واهلي ومن الماء البارد

    يا مقلب القلوب ثبت قلبي علي دينك


  12. #50
    Senior Member Nawawi619's Avatar
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    Default Re: What if a couple marries that have different Madhabs??

    Quote Originally Posted by Revert2001 View Post
    Wow.........just...Wow

    This thread just opened my eyes as to why the ummah is in such a mess!!

    Here we are spending tons of our vital intellectual energy on issues like how many hairs on your head should be wet during wudu based on which madhab you follow.

    No wonder muslims haven't invented sqwat in the last 1,000 years.

    The West controls basically every Islamic nation.

    And 14 million Jews bully 1.5 billion muslim people.

    This is depressing............

    Stop over exaggerating. If you ever studied fiqh, this science is all about particulars in acts of worship and how we treat others. This has not prevented us from building the greatest civilization in history. The science of fiqh and following madhhabs was a norm for over a 1000 years, at the same time we built universities, our ulama not only knew ilm but also knowledge of medicine and science. This is all documented in history.

    If you studied history, you know why things are the way it is? It is not as oversimplistic as your analysis. Colonialism played a big role, they dismantled our educational institutes, tranformed economies. There is also geo political issues that came into play. This is just 18th-19th centuries. 20th century, world war 1 winners fragmented the muslim world and the end of the caliphate.

    But to connect all this to fiqh and madhhabs is oversimplistic and plain silly. And you totally ignored what people have been saying on this forum. This is an old an naseum topic answered many times everytime a person who doesnt follow a madhhab comes to this forum.
    Imam ash-Shafi`i said, "Whoever takes knowledge from books loses the regulations." (man akhadha al-`ilma min al-kutubi Dayya`a al-aHkaama). [Reported by Nawawi in the introduction to "al-Majmu`"]




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