Question

Salaam mufti Abdur Rahman

I have a question about schools if thought, there are many different opions in these schools if thought.

Let’s say an individual has always followed an opinion of a school of though and it is leading to hardship for them
Such as: one schools if thought say “touching your wife breaks your wudu”
But the hanafi says it doesn’t
If you’ve always followed on opinion, like one may have followed the first opinion their whole life and then wants to change to the hanafi opinion, can they do this ?

Also, an example like in the hanafi, I’ve always followed the opinion that Kufr Annuls the marriage but this is leading to hardships of us always repeating the Nikkah, but the hanbalis say “if you return to Islam within the iddah, your marriage is sound”
Regarding this, does that mean I have to follow the whole topic of Kufr and how one falls into Kufr with the Hanbali fique
Like the hanafi say missing a prayer out if lazyness is not Kufr, but the hanbalis say missing a prayer is Kufr
Then do I have to follow the whole subject of Kufr with the hanbalis if I follow a he opinikn if theirs such as
“ if you return to Islam, during the iddah , the marriage is sound”

I am hanafi, that is why I am asking, but some opinikn such as marrying without a wali or women can cover their feet I don’t follow. I follow other schools of thoughts regarding this

Can I change ? Or do I have to follow the opinion that I always have followed

Answer

If you have adopted the Hanafi school of jurisprudence then you must follow the opinions of that school. Not doing so opens the door to a person picking and choosing opinions that suit them, which ultimately results in following one’s desires as opposed to submitting to the faith.

In instances of genuine need one may take benefit from the opinions of other schools, however, this must be done under the guidance of scholars. You would need to explain your situation to the scholar and if they deem that there is an actual need to benefit from another school, they will guide you how to adopt that position in the correct manner.

Not following one school also leads to inconsistencies and sometimes conflating between two or more schools will result in the act of worship being invalid according to those schools. As an example, according to one school coming into physical contact with one’s spouse breaks wudu but having a nose bleed will not. According to another school, physical contact with one’s spouse will not break wudu however a nose bleed will. If a person comes into physical contact with their wife and has a nose bleed but still performs salat and their argument is that in relation to the physical contact they take the opinion of the second school and for the nose bleed they take the first school then their salat according to both schools will be invalid. The jurists have deemed such practice as impermissible.

You may benefit from the following video:

https://www.zamzamacademy.com/2011/06/following-a-madhab-mufti-abdur-rahman-ibn-yusuf/

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel