Bismillahi Al-Rahmani Al-Rahim
Following Other Mathhabs Revisited
Well, this is one of those topics we were able to skirt around for
the past two months, but it looks like we finally broke through the thin
ice.
Q
Would it be possible for you to post something about these
issues
- 1) whether or not it is necessary to follow a specifically follow one
and only one of those schools
a nd
- 2) whether or not it is permissible to follow another school (one of
the famous four, or one of the more obscure ones, such as the Jariri
school?) if it is in fact necessary.
( The obligatoriness of those not qualified to make ijtihad to follow
one of the four schools is clear from Shaykh Nuh's and Shaykh Abdal-Hakim's
articles on www.masud.co.uk). Particularly with the
influence of such books as Fiqh al-Sunna, we see this issue popping up
nowadays. Jazaka Allahu khayran.
[edited for typographic purposes]
A
This is one of those issues where there is quite a bit of
differences between the scholars. The basic issues here, following
Al-Safarini's books, are:
- taqlid
- adhering to a specific mathhab
- if adhering to a specific mathhab is obligatory: what is the ruling
of moving to another one for a specific ruling?
- seeking out dispensations
- making taqlid of the inferior
F or people who have an old copy of the book, this is pages
(2":463-68) in the old print of the book. (There is a brand new two volume
print of the book, with takhrij instead of sub-marginal marginal notes. The
condensed version of the book [Dar Al-Basha'ir Al-Islamiyyah] almost
"condensed" this section right out, but it does refer to Irshad
Al-Fuhul and Ibn Hazm and still refuses their views.)
In any case: Imam Al-Safarini here, like all parts of his book, lists a
wide range of opinions, some extreme and others moderate. And al-hamdu
lillah the positions he (well: the vast majority of the scholars) supports
are moderate and practical. Here they are in a nutshell, mentioning just
the predominant position with some comments:
[Taqlid]
People who are unqualified to make ijtihad are required to
make taqlid of one of the four mathhabs: Hanafi, Maliki, Shafi`i, or
Hanbali. These mathhabs have been verified, refined, preserved and
transmitted in such great numbers that even the most basic student of a
given mathhab can differentiate between what is and what is not part of the
mathhab, and can even differentiate between well known and rare
opinions.
The only mathhabs that can be followed today are these four, because no
other mathhabs meet the same conditions of tawattur, being verified, and
being preserved. Why this is so important is that without these three
things taking place, how can we be certain of what the imam of the mathhab
really said
[Adhereing to a specific mathhab]
Today, the predominate opinion is that one needs to stick to
a specific mathhab.
[Moving to another one]
The best known position is that if we say that it is
obligatory to stick to a specific mathhab, it is permissible to move to
another mathhab on a particular issue.
There are three basic opinions here:
- 1. It is unconditionally unlawful to follow another mathhab on a
particular issue
- 2. It is unconditionally lawful to follow another mathhab on a
particular issue
- 3. It is permissible if he acts according to what is entailed by the
mathhab that he follows for that particular issue
[Seeking dispensations]
It is not permissible for layman to seek out dispensations,
and doing so is moral corruption.
The conditions for doing this are three:
- 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
[Making taqlid of the inferior]
It is permissible to follow another school on a particular
issue when the other school is superior or equal. It is also permissible
when the other school is inferior according to the majority of Hanbalis,
the Hanafis, the Malikis, and most Shafi`is.
And Allah knows best.