Hakikat Kitabevi Publications No: 10 answer to an enemy of islam
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answer-to-an-enemy-of-islam
Al-fatâwâ ’l-hadîthiyya, explained
whether a person who follows a madhhab may follow another madhhab or not: “Imâm Abu ’l-Hasan ’Alî as-Subkî (rahmatullâhi ’alaih) says that there are seven different cases of following another madhhab: 1) If a person believes that the ijtihâd of another madhhab on a certain matter is more dependable than that of his own madhhab, it is permissible for him to do that matter in accordance with that madhhab. 2) A person who cannot know which of the two imâms of madhhabs is more hitting in his ijtihâd on a certain matter may do that matter in accord with either of these madhhabs. If he prefers the madhhab other than his with the purpose of a religious precaution, for example, for the purpose of avoiding the harâm, his action will be permissible without any karâha (anything disliked by the Prophet). If he has a different intention, it will be makrûh. 3) Though it is permissible to follow another madhhab showing an easy way in something which one needs to do, it is wâjib for him to follow one of the two imâms whose documentary evidence, he believes, is stronger. 4) It is not permissible to follow another madhhab without any need and because of the desire to do the easy way without knowing which of them is stronger. If one does so, one will have obeyed not Islam but one’s own desire. 5) It is not permissible to do one’s affairs in accord with the collection of the rukhsas of madhhabs since it is against Islam to do so. 6) By consensus, it is not permissible to do an affair in accord with more than one madhhab if it is not sahîh in one of these madhhabs. It is da’îf (not probable) that Kamâl ibn Humâm said it was permissible. 7) While the effects of something which one has done in accordance with one madhhab are still going on, one is not permitted to follow another madhhab. For example, if a person, because there is the right of shuf’a [1] in the Hanafî madhhab, follows the Hanafî madhhab and buys his neighbor’s house from the person who has bought it before, he cannot follow the Shâfi’î madhhab in doing – 66 – [1] ‘Shuf’a’ is the right or claim of pre-emption in respect of a house or land of which one is part-owner or which adjoins one’s own property. For more detail, see 39th chapter of Download 2.37 Kb. Do'stlaringiz bilan baham: |
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