Bismillahi Al-Rahmani Al-Rahim
Following Other Mathhabs
Q
Are there any particular conditions in the Hanbali mathhab
when it comes to making taqlid of one of the other mathhabs?
A
It is unlawful for someone who is not qualified to make
ijtihad to seek out dispensations simply because they are easier. Someone
who knows the evidence for a particular ruling to such a degree that he or
she is entitled to exercise ijtihad on the issue may follow whatever their
ijtihad leads to. Section w14 in The Reliance Of The Traveler
talks about this in detail, quoting from Imam Ibn Hajar's Al-Fatawa
Al-Hadithiyyah.
The late Hanbali scholar Imam Al-Safarini (d 1188 AH) writes about this
subject at the very end of Lawaqi` Al-Anwar Al-Bahiyah, his
commentary on his poem concerning the `aqidah of Ahl Al-Sunnah. After
discussing the issues concerning the obligatoriness of those not qualified
to make ijtihad to follow one of the four schools, whether or not it is
necessary to follow a specifically follow one of those schools, and whether
or not it is permissible to follow another school if it is in fact
necessary, he discusses the conditions for following another school. He
gives three conditions:
- 1. That the person not combined between the mathhabs in such a way
that contradicts scholarly consensus, such as marrying without a dowry,
without the bride's guardian, and without witnesses since there is no
mujtahid scholar who has given this as his opinion
- 2. That the person believe the merit (Ar. fadl) of the one he is
following, even if it is based on transmitted (m: and not first hand)
- 3. That the person not seek out the easiest from among the
mathhabs
I have not yet seen in writing where a Hanbali rejects following
another mathhab in something that is a condition for another action, for
example just following another mathhab in what it considers the minimal
actions wudu and then praying according to the Hanbali mathhab. When I
mentioned examples like this to a Hanbali sheikh his answer was "If this is
not permissible, then what's the benefit of making taqlid of another
mathhab?!?" And Allah knows best.
[Note: This book of Imam Al-Safarini is the same book where he writes that
the saved sect is Ahl Al-Sunnah and that it includes three schools: the
Athariyah (the followers of Imam Ahmad), the Ash`ariyah (the followers of
Abi Al-Hasn Al-Ash`ari), and the Maturidiyah (the followers of Abi
Al-Mansur Al-Maturidi). The defense of his position is that these three
schools all follow the same methodology, namely that of Ahl Al-Hadith.]
[Sources: Lawami` Al-Anwar Al-Bahiyah, Tabsirat Al-Qani`, The Reliance
Of The Traveler]