SHAYKH MUHAMMAD IBN SAALIH AL-UTHAYMEEN
was asked: When encountering a difficult issue, do you advise the
student of knowledge not to stick to a madhhab, or [do you advise] to
turn to a particular madhhab?
The
Shaykh, rahim'ullah, responded: If what is intended by sticking to a
madhhab is that a person sticks to that madhhab, and turns away from
everything else; whether the correct view lies in his madhhab or
another madhhab - then this is not permissible, and is from the
blameworthy and bigotted partisanship. But if a person ascribes to a
particular madhhab in order to benefit from its principles and
guidelines, but he refers it back to the Book and the Sunnah; [such
that] if it becomes clear to him that the preferred view lies in
another madhhab, he then adopts that view - then there is no problem
with this. [Note: this is for a student of knowledge, not the common
muslim].
SHAYKH SAALIH AL-FAWZAAN
was asked: Is it permissible for one who sticks to a particular madhhab
in matters of worship, to turn away from it and stick to another
madhhab whenever he wants? Or is it binding upon a Muslim to stick to
just one madhhab until he dies? And is there a difference in how the
Prayer should be performed between the four madhhabs or not? And what
has been related from the Prophet sallallaahu alayhi wa sallam
concerning how the Prayer should be prayed?
The Shaykh, hafidhahullaah, responded: The issue of sticking to a
madhhab has in it some detail. If a person has the ability to know the
ruling from its proof, and to deduce the ruling from its proof, then it
is not permitted for him to cling to a madhhab. rather, it is upon him
to take the ruling from the evidence - if he has the ability to do so.
However, this is rare amongst the people, since this is a quality of
the mujtahideen from the people of knowledge; those that have reached
the levels of ijtihaad. As for one who is not like that, then he cannot
take the rulings directly from the evidences. And this is the
predominant case amongst the people, especially in these latter times.
So [in such a case] there is no harm in adopting one of the four
madhhabs and making taqleed of one of them. However, he should not make
blind taqleed such that he takes all that is in the madhhab; whether it
is correct or incorrect. Rather, it is upon him to take from the
madhhab that which - in his view - does not clearly oppose the
evidence. As for those views in the madhhab which clearly oppose the
evidence, then it is not permissible for the Muslim to take it. Rather
it is upon him to adopt what is established by the proof, even if it is
in another madhhab So his leaving the madhhab for another madhhab in
order to follow the evidence is something good; this is a matter which
is good - rather it is obligatory; since following the evidence is an
madhhab in order to follow the evidence is something good; this is a
matter which is good - rather it is obligatory;since following the
evidence is an obligation.
As for
adopting one madhhab sometimes and another at other times, then this
moving is from the angle of following ones desires and seeking
concessions, and this is not permissible. Meaning, that whatever
accords with ones whims and desires, from the sayings of the people of
knowledge, is taken - even if it opposes the proof; and whatever
opposes ones whims and desires is left - even if it has a proof. This
is the following of whims and desires, and we seek refuge in Allaah
[from that]. Thus, moving from one madhhab to another, due to following
ones desires, or due to ease or seeking concession; then this is not
permissible. As for moving from one madhhab to another due to following
an evidence, or to flee from a saying that does not have a proof, or
from an erroneous view - then this is a matter that is encouraged and
sought from a Muslim. And Allaah knows best.
As for the issue concerning the differences between the four madhhabs
in the Prayer, then the four madhhabs - and all praise is for Allaah -
are in Prayer, then the four madhhabs - and all praise is for Allaah -
are in agreement about most of the rulings concerning the Prayer, in
general. Their differences are in some of the details of the Prayer.
From [such differences] are, for example, that [one of them] may
consider something to be prescribed, whilst another may not consider it
to be prescribed; one may consider something to be obligatory, whilst
another may consider it to be recommended; and so on. So the
differences are in the details of the Prayer. But as for the rulings of
the Prayer in general, then there is no difference - and all praise is
for Allaah
SHAYKH MUHAMMAD IBN ABDUL-WAHHAAB
said: If a person is learning fiqh from one of the four madhhabs, then
he sees a hadeeth that opposes his madhhab; and so he follows it and
leaves his madhhab - then this is recommended, rather it is obligatory
upon him when the proof has been made clear to him. This would not be
considered as opposing his Imaam that he follows, since they - Abu
Haneefah, Maalik, ash-Shaafiee and Ahmad, radiallaahu anhum ajmaeen -
were all agreed upon this fundamental principle.
... As for the case whereby a person does not have any evidence which
opposes the view of the scholars of the madhhab, then we hope that it
is permissible to act upon it (the madhhab), since their opinions are
better than our own opinions; they took their proofs from the sayings
of the Companions and those who came after them. However, it is not
essential to declare with certainty (al-jazm) that this is the Shareeah
of Allaah and His Messenger, until the proof that is not contradicted
in this issue is made clear. This is the action of the Salaf of this
Ummah and its scholars - both previous and recent - as well as that
which they criticised: namely having bigotted partisanship for
particular madhhabs (at-taassubul-madhaahib) and leaving off following
the proof... However, if there becomes clear to him something which
necessitates preferring one saying over another; either due to detailed
proofs if he knows and understands them, or because he holds one of the
two people to be more knowledgeable about this matter and having more
piety about what he says, and so he leaves the saying of that one for
the saying of the other one - then this is permissible, rather it is
obligatory. And there is a text from Imaam Ahmad concerning this.
REFERENCES
1.As-Sahwatul-Islaamiyyah(pp.141-142).
2.Muntaqaa min Fataawaa(5/365-366).
3.Ad-Durur-Saniyyah (4/7).
4.Majmoo' Fataawaa (20/220-221).