Marriage without a wali for the girl || Hanafi fiqh

[slaveofAllah88]

What I mean is, that "wali" here doesn't need to be her father, brother, uncle, whoever is closest to her in kin according to the hanafi madhab.


It's his view. That doesn't really change much.
Ukhti, Let me remind you, Imaam Abu Haneefa was much much knowledgable than you or I. The scholars that still hold on to this view have studied usool and fiqh unlike you. To judge them as being as the likes of jews and Christians, you should think twice. You read one hadeeth in English and believe, an ocean of knowledge such as Imaam Abu Haneefa is following his desires. Really? Fiqh is not limited to IslamQA or the Hanbali Madhab. That's is why we have four Madhabs and each is valid to be followed. We are layman. To each his own and there is no blame on those who follow the Hanafee view. And I think I just proved it up there this khilaaf is valid as the qualified students of knowledge (Of Ummal Qura and Madina uni) who have studied with scholars and not just surfed the internet recognise the "difference of opinion" which means, each view is valid and can be acted upon.

The fact that it is a matter of fiqh with valid khilaaf in it, is proof enough that the issue is not black and white. If you feel what the OP says is more of a sound opinion, then it is for you to follow. However, those who don't, are free of blame. Because the other opinion is equally valid.

I didn't actually read any. Because I already follow the Hanbali position till I read and am conviced of the Hanafee position. The thing here is: We are not "allowed" to force our opinion down others throat since the others opinion is just as valid. AND because we are not qualified to even discussed sucha thing let alone impose it on others. Like you said, it's not black and white. It's not that what Q&A says is halal and all else is haram.


Rest is up to the two of you, this isn't a discussion for us. It is enough for us laypeople to know that there is khilaaf in the matter and there is no need to shove the opinion we believe to be correct, down others throats by invalidating what they follow.

aslam o alaikum wr wb,

what you said is true exactly

my reasons and wat i was trying to say is, i know what abu hanafi (rah) said and i agree with him, but alot of people as u might know in pak run away from home, go against their parents wishes/will (due to personal not religious reasons) etc etc . Thats why i posted this words of the hanafi scholars to clear this issue up that its not as black and white like that, you have to try your best to make your parents agree, *runing away, displeasing them etc* is not the way, and if the parents are not agreeing based on like cast system, race, non islamic reasons basically, then hanafi allow it. This is what i studied from a hanafi student, if you want please confirm it with haris hammam as well.

InshAllah, hope it make sense the bottom line is the madhab interpretation are not to be misused, if you are going to follow it do it properly.

And Allah (swt) knows best

 

[Seeking Allah's Mercy]

aslam o alaikum wr wb,

what you said is true exactly

my reasons and wat i was trying to say is, i know what abu hanafi (rah) said and i agree with him, but alot of people as u might know in pak run away from home, go against their parents wishes/will (due to personal not religious reasons) etc etc . Thats why i posted this words of the hanafi scholars to clear this issue up that its not as black and white like that, you have to try your best to make your parents agree, *runing away, displeasing them etc* is not the way, and if the parents are not agreeing based on like cast system, race, non islamic reasons basically, then hanafi allow it. This is what i studied from a hanafi student, if you want please confirm it with haris hammam as well.

InshAllah, hope it make sense the bottom line is the madhab interpretation are not to be misused, if you are going to follow it do it properly.

Wasalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

The point you are trying to make may be wrong too, but then again, that's just me thinking. Don't get me wrong, I'm not advocating girls flying off with men.

Anyway, the thread's title should have been a different one. Something like "Misuse of the hanafi view of marriage" or something similar.

I can try, with 95% probability that I won't get what I want. Problem with these students of knowledge is, they are "always" busy. If you don't have an account at multaqa. Maybe you should ask brother Itqan Ullah (He has one) if he has time to make a thread on it there. It'd be a very interesting read. May be you should type the thread, he does the copy paste. Not really a practical idea, but an idea nonetheless.

 

[slaveofAllah88]

Wasalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

The point you are trying to make may be wrong too, but then again, that's just me thinking. Don't get me wrong, I'm not advocating girls flying off with men.

Anyway, the thread's title should have been a different one. Something like "Misuse of the hanafi view of marriage" or something similar.

I can try, with 95% probability that I won't get what I want. Problem with these students of knowledge is, they are "always" busy. If you don't have an account at multaqa. Maybe you should ask brother iqtan (He has one) if he has time to make a thread on it there. It'd be a very interesting read. May be you should type the thread, he does the copy paste. Not really a practical idea, but an idea nonetheless.

aslam o alaikum Wa Rahmatullahi Wa Barakaatuh,

Offcourse, its not that i have to be correct wallahu alam, like u said its very hard to actually get a hold of brother Haris hammam, i mostly follow him on facebook not multaqa, so i wont be able to message him there its very hard to get a hold of him.
Alhumdulilah i know a very good brother who is studying hanafi fiqh, we have became good friends so Alhumdulilah he helps me out and its a blessing cause he opens his books and can give me exact quotes, and i follow his discussion between position of different madhab on fiqh issues which really benefit me as a layman. Overall what you said is true, Allah (swt) knows best im taking his word i dont have the books on me and not sure they all are available in english either.

i agree with the part below and the book with its page number is there, also was given this as a reference : "(Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/56-57 & I’la al-Sunan 11/69")
and his words on the issue : "I have to say its all about the mentality of the ppl some ppl just follow there desires quoting hanafi rulings regarding this issue but don't go Into the details of the ruling"

However, this does not mean that such a marriage is encouraged or permitted without any blame. Disobeying one’s parents is one of the most serious of sins in Islam, and as such, no School would, and can, allow going against the wishes of one’s parents outright. Many Hanafi jurists (fuqaha) have pointed out that it is generally blameworthy and going against the Sunnah to marry without the consent of the Wali regardless of whether the spouse is a legal match or otherwise due to the many Hadiths of the Messenger of Allah (Allah bless him & give him peace) emphasising the importance of having the approval of one’s guardian such as: “Any woman who marries without the permission of her guardian, her marriage is invalid, invalid, invalid” (related by Ibn Hibban, Tirmidhi and others, and Tirmidhi considered it a sound/hasan Hadith) and: “There is no marriage without the [permission of a] guardian” (related by Hakim and Abu Dawud). (See: Imdad al-Muftin P: 527)

As such, this Hanafi position is merely a concession (rukhsa) which may be resorted to in situations of need, and a blessing for those sisters who fall victim to their parent’s mistreatment and abuse. In cases where parents force their daughters to marry against their wishes based purely on caste, wealth and other similar preferences, and not Islam, and they give importance to their personal gains over and above the interests of their daughters; this position of the Hanafi School can be an important haven. However, the Hanafi School, in no way, gives a green light for sisters to marry themselves without parental approval in all situations, and as such, this position must not be taken as a standard norm upon which marriage contracts are based.

Allah (swt) knows best, i feel satisfied with the response and reference, and offcourse everyone should verify to make sure we are just layman students, should end my part of discussion here if you find more about it do post inshAllah

and Title, well SubhanAllah i guess whats done is done inshAllah try to be more concise in the future

Wasalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

 

[Seeking Allah's Mercy]

aslam o alaikum Wa Rahmatullahi Wa Barakaatuh,

Offcourse, its not that i have to be correct wallahu alam, like u said its very hard to actually get a hold of brother Haris hammam, i mostly follow him on facebook not multaqa, so i wont be able to message him there its very hard to get a hold of him.
Alhumdulilah i know a very good brother who is studying hanafi fiqh, we have became good friends so Alhumdulilah he helps me out and its a blessing cause he opens his books and can give me exact quotes, and i follow his discussion between position of different madhab on fiqh issues which really benefit me as a layman. Overall what you said is true, Allah (swt) knows best im taking his word i dont have the books on me and not sure they all are available in english either.

i agree with the part below and the book with its page number is there, also was given this as a reference : "(Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/56-57 & I’la al-Sunan 11/69")
and his words on the issue : "I have to say its all about the mentality of the ppl some ppl just follow there desires quoting hanafi rulings regarding this issue but don't go Into the details of the ruling"



Allah (swt) knows best, i feel satisfied with the response and reference, and offcourse everyone should verify to make sure we are just layman students, should end my part of discussion here if you find more about it do post inshAllah

and Title, well SubhanAllah i guess whats done is done inshAllah try to be more concise in the future

Wasalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

He answers at multaqa. I was talking more about having everyone giving some input on the issue in there. Anyway, it's your call.

Anyway, that quote you shared makes perfect sense. It's place right where it's supposed to be, Of course parents come first, it's not even a question. My point of contention here is: if those who actually undertake such actions are under any blame in Shari' legislations? Thus me saying maybe you are wrong here. I mean court marriages do take place a lot in Pak. I think it comes down to the person himself, his imaan taqwa and morals in this case. The likes of people you are talking about, wouldn't really care if or if not, the sharia allow them to marry this way.

 

[slaveofAllah88]

He answers at multaqa. I was talking more about having everyone giving some input on the issue in there. Anyway, it's your call.

Anyway, that quote you shared makes perfect sense. It's place right where it's supposed to be, Of course parents come first, it's not even a question. My point of contention here is: if those who actually undertake such actions are under any blame in Shari' legislations? Thus me saying maybe you are wrong here. I mean court marriages do take place a lot in Pak. I think it comes down to the person himself, his imaan taqwa and morals in this case. The likes of people you are talking about, wouldn't really care if or if not, the sharia allow them to marry this way.

aslam o alaikum wa rahamatuALlahi wa barakatuhu,

im not registered there i just follow sometimes if you are able to start a thread there it would be very beneficial esp what you mentioned (please post link here too), one of the brother above did post a situation where girl married without wali permission but she was within the ruqsa.

Its unfortunate, things like that take place alot and its allowed even thou its a muslim country; all things aside, May Allah (swt) give them hidayah, our job is the provide the mean and inshAllah they can seek knowledge, maybe not now but Allah (swt) knows best they might think about it later and use it but using the madhab as a excuse for their actions is what i want to stand against.

 

[Seeking Allah's Mercy]

aslam o alaikum wa rahamatuALlahi wa barakatuhu,

im not registered there i just follow sometimes if you are able to start a thread there it would be very beneficial esp what you mentioned (please post link here too), one of the brother above did post a situation where girl married without wali permission but she was within the ruqsa.

Its unfortunate, things like that take place alot and its allowed even thou its a muslim country; all things aside, May Allah (swt) give them hidayah, our job is the provide the mean and inshAllah they can seek knowledge, maybe not now but Allah (swt) knows best they might think about it later and use it but using the madhab as a excuse for their actions is what i want to stand against.

Wa alaykum asalam Wa Rahmatullahi Wa Barakaatuh,

I'm sorry, I actually changed the email ID to some random to keep from posting there (I'm having a train of questions these days, I don't want my exam messed up because of them). Which means I'm only able to PM and not post until and unless I activate my account from the non existent random ID. That is why I asked you to request the Brother's for help.

I PMed Br. Harris He says:

Asalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

Brother Harris, I read in one of your posts that the hanafee view of Marriage without a wali is a valid view. And that the khilaaf in the matter is valid as well.

Is it valid under all condition i.e Where it may not be the case of girl choosing a pious man and the family rejecting it based on, say, race? Is the practice of court marriage in Pakistan valid.

people shared fatwas on the following thread showing the entire view is baseless.

http://www.turntoislam.com/forum/showthread.php?t=88985

I know you are busy, brother but please if you guys could just find "some" time for us laypeople?

May Allah reward you and forgive me.

I don't know Paksitani courts procedure for marriage. What I will say though is that if the man is deficient in his religion, then the Walis of the girl have a right to annul (Faskh) the Nikah if the girl goes ahead with the Nikah all by herself. This is clearly mentioned in Hanafi law.

Just one last thing:

If this is the scenario:

A girl wants to marry a guy and the parents reject it. So she goes ahead and gets an Imaam and marries teh person of her choice. The girl's choice and the Parents rejection both is NOT based on hers or his deen, but on caste, creed, looks, status etc.

This is the Hanafee view?

The thread says that this view is misused.

However, this does not mean that such a marriage is encouraged or permitted without any blame. Disobeying one’s parents is one of the most serious of sins in Islam, and as such, no School would, and can, allow going against the wishes of one’s parents outright. Many Hanafi jurists (fuqaha) have pointed out that it is generally blameworthy and going against the Sunnah to marry without the consent of the Wali regardless of whether the spouse is a legal match or otherwise due to the many Hadiths of the Messenger of Allah (Allah bless him & give him peace) emphasising the importance of having the approval of one’s guardian such as: “Any woman who marries without the permission of her guardian, her marriage is invalid, invalid, invalid” (related by Ibn Hibban, Tirmidhi and others, and Tirmidhi considered it a sound/hasan Hadith) and: “There is no marriage without the [permission of a] guardian” (related by Hakim and Abu Dawud). (See: Imdad al-Muftin P: 527)

As such, this Hanafi position is merely a concession (rukhsa) which may be resorted to in situations of need, and a blessing for those sisters who fall victim to their parent’s mistreatment and abuse. In cases where parents force their daughters to marry against their wishes based purely on caste, wealth and other similar preferences, and not Islam, and they give importance to their personal gains over and above the interests of their daughters; this position of the Hanafi School can be an important haven. However, the Hanafi School, in no way, gives a green light for sisters to marry themselves without parental approval in all situations, and as such, this position must not be taken as a standard norm upon which marriage contracts are based.

Bottom line: Is or is not a marriage in such a scenario valid according to the hanafee madhab.

Inshaa`Allaah I'm out after this.

Nikah is always valid. Main thing is whether a Muslim judge would look into this and annul the Nikah or not. It is up to him.

Ameen to your Adiyaa.

 

[Idris16]

my husband's aunt was a witness of the marriage,but both our families agreed with the marriage.nobody asked us if we had a wali,and maybe if in sunnah it said that a marriage can't be valid if there is no wali,tell me why nobody told it to us!I don't think my marriage to be invalid and don't live a life of Zina,because we made a promise in front of Allah,when we decided to stay together.marriage in Morocco maybe is different from other parts of the world.who made us signing the marriage act took his responsibilities and the it still is useful for everything we need to do.so it's valid in every part of the world.we are officially married,and if you think that my marriage can't be valid,well,ask to if there is the same rule in every State.

Al-hamdu lillaah.

First, I offer thanks to Allaah for his grace in having guided you to the path of truth after experiencing a dark journey through 'jahiliyyah', a journey into ignorance and meaninglessness. Allaah guides to his truth whomever he wills. At this point of your life, as an expression of gratitude for Allaah's blessing, you should carry out your duties towards him and desist from the actions that gain his wrath. In fact, Allaah, at this point in your life, must take priority over everything else. You further ought to make up for what you missed in the previous part of your life, to double your efforts in performing worship and to haste in doing good deeds.

Secondly, since this lady in question has converted to Islam, thanks to Allaah, none of her kaafir family members can act as a guardian (wali) of her interests; no kaafir can act in this capacity over a Muslim. If there is a Muslim with some authority in your area over the affairs of the Muslim community, then he can act in this capacity, based on the Prophet's (peace be upon him) hadeeth:

"No marriage contract can be concluded without the presence of a Wali. A Sultan (authority figure) can act as a Wali for those without one." (see Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami', hadeeth number 7556.)

If there is no authoritative Muslim person, then one should refer to the community Muslim leader or any Muslim who is just ('aadil), respected, and of high character, such as the director of the Islamic center or its imam, to conclude the marriage contract of this sister, with her consent.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

http://islamqa.com/en/ref/389/wali muslimah

 

[hayat84]

there is another point:a woman isn't obliged to revert to Islam when she marries a muslim,so does she need a wali even if she is catholic or jewish?

 

[Aapa]

Assalaam alaikum,

Excellent question sister. Makes you stop and really think.

My understanding is that she is still required to have a wali from her faith. She does not have to revert thus she can not have a Muslim man be her wali.

 

[hayat84]

alright!when I reverted to Islam it took some days before I had the sheet of the shahada islamiya.after some days I've got married,even if it was aked if I was muslimah,the important thing was if I accepted the marriage.there's to say that 3 days before marrying,I've got ill,an Imam came to me to see why I had those problems,he assured himself if I was muslimah,and indeed I was reverted officially.my faith for Allah was alive much more than getting married.our ignorance maybe was due to our unexperience and we had to hurry up because our vacancy in Morocco was going to end,so we had to make everything as soon as possible.now I'm here,nothing bad is happened if I had no wali,my family,even if is not muslim,accept my choice and respect me for what I am.everybody's happy for me.may Allah forgive me if I was unaware

 

[sister herb]

alright!when I reverted to Islam it took some days before I had the sheet of the shahada islamiya.after some days I've got married,even if it was aked if I was muslimah,the important thing was if I accepted the marriage.there's to say that 3 days before marrying,I've got ill,an Imam came to me to see why I had those problems,he assured himself if I was muslimah,and indeed I was reverted officially.my faith for Allah was alive much more than getting married.our ignorance maybe was due to our unexperience and we had to hurry up because our vacancy in Morocco was going to end,so we had to make everything as soon as possible.now I'm here,nothing bad is happened if I had no wali,my family,even if is not muslim,accept my choice and respect me for what I am.everybody's happy for me.may Allah forgive me if I was unaware

Salam alaykum

seems others try to make big issue and problem with your matter but I don´t see here any problem. As they say that by some madhab woman can´t be wali but both imam met you and your family accepted your marriage (including your father what seems to be important), then everything seems ok.

Have a happy marriage to you they should say!

 

[slaveofAllah88]

Wa alaykum asalam Wa Rahmatullahi Wa Barakaatuh,

I'm sorry, I actually changed the email ID to some random to keep from posting there (I'm having a train of questions these days, I don't want my exam messed up because of them). Which means I'm only able to PM and not post until and unless I activate my account from the non existent random ID. That is why I asked you to request the Brother's for help.

I PMed Br. Harris He says:



Ameen to your Adiyaa.

aslam o aliakum Wa Rahmatullahi Wa Barakaatuh,

JazakAllah khair, May Allah (swt) bless people of knowledge and you for helping me seek it - ameen

it really cleared things up.

Although i am not familiar with pakistan court system, when they marry someone is there a imam or its just a legal documentation? so anyone getting married there are they married according to the shariah or not?

 

[Aapa]

Assalaam alaikum,

Sisters,

If an imam is there and a woman has no wali then the imam acts in her interest.

I posted but it got lost in cyberspace. We do not have to follow a madhab. We have to follow the sunna and Quran. There is nothing that mandates we follow one.

 

[Idris16]

Salam alaykum

seems others try to make big issue and problem with your matter but I don´t see here any problem. As they say that by some madhab woman can´t be wali but both imam met you and your family accepted your marriage (including your father what seems to be important), then everything seems ok.

Have a happy marriage to you they should say!

It is a big thing, it doesnt matter if her family accepts it or not. Did she have a wali or not when she was non-Muslim or Muslimah? Is this marriage accepted by Islam? I am surprised sister Hayat didnt even know about this issue, she should speak to her husband about this.

 

[John Smith]

Salam alaykum

seems others try to make big issue and problem with your matter but I don´t see here any problem. As they say that by some madhab woman can´t be wali but both imam met you and your family accepted your marriage (including your father what seems to be important), then everything seems ok.

Have a happy marriage to you they should say!

There is the answer,sometimes some look to make issues out of no issue.

Sister Harb is on the money with her answer and one you cannot disagree with.

 

[hayat84]

my husband too doesn't know anything about the wali,that's why I'm worried.we didn't married with religious ceremony.we didn't put religion into our businesses.we only spent long time to legaliyze the documents and when we finally were officially married everything was ok.maybe there is the choice between religious marriage and laic one,even if we both are muslims.the Imam who knew me,was aware we were going to get married,and I remember that he only wished for me a good health and Imaan.I don't like to listen that I obligatory need someone else to allow me if I can do something or not.we married Rasunnati llahi wa rasulihi,and if it doesn't respect the Sunnah,may Allah punish me if I've wronged.I give much more importance to my own family's opinion,than to that of somebody else.We are really in love,Allah knows how we faced the troubles.I'm sorry if I'm taking this matter as personal one,but it touches me,above all if I wasn't aware of what the wali was and because maybe it is thought that now my marriage is not valid because of this loss.

 

[John Smith]

Sister Hayat, you're marriage is not null & void and dont let the doomsayers tell you it is.

Qadar Allah,very simple Sis.

 

[Seeking Allah's Mercy]

Asalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

there is another point:a woman isn't obliged to revert to Islam when she marries a muslim,so does she need a wali even if she is catholic or jewish?

I assure you none here is qualified to answer this Question for you. May be you should search IslamQA or better still ask Shaykh Assim here : http://www.assimalhakeem.net/contact

Be on the safe side my sister. Ask the people of knowledge*Smile*.

May Allah bless you.

As they say that by some madhab woman can´t be wali

If I wasn't so sure you were serious I would have joined you in on the joke. Of course women CAN'T be wali!

but both imam met you and your family accepted your marriage (including your father what seems to be important), then everything seems ok.

As is clear from the fatwa of IslamQ&A, her father is not important in this at all, the Imaam is. And yes, there of course, is no problem. As you can see our sister post it in clear words here:

Sisters,

If an imam is there and a woman has no wali then the imam acts in her interest.

Simple.

aslam o aliakum Wa Rahmatullahi Wa Barakaatuh,

JazakAllah khair, May Allah (swt) bless people of knowledge and you for helping me seek it - ameen

it really cleared things up.

Although i am not familiar with pakistan court system, when they marry someone is there a imam or its just a legal documentation? so anyone getting married there are they married according to the shariah or not?

Wa iyyak. BaraakAllaahu feek.

It is a muslim country with Islamic guidelines in the constitution no matter how flimsy. An Imaam should be there. Common people do know nikkah is essential.

Bottom line: I'm afraid I'm not much help. I don't know. I'm sorry.

 

[ShahnazZ]

Joke?

And upon whose understanding we are suppose to do so? Madhab only explains the Qur'an and the Sunnah. Sister, may be you should read the thread on taqleed again and pay attention to posts shared by Harris Hammam, Br. Thariq and Sister Samiha.

Is it obligatory to follow a particular madhhab?

Praise be to Allaah.

It is not obligatory for a Muslim to follow any particular madhhab among these four. People vary in their level of understanding and ability to derive rulings from the evidence. There are some for whom it is permissible to follow (taqleed), and indeed it may be obligatory in their case. There are others who can only follow the shar’i evidence. In Fataawa al-Lajnah al-Daa’imah this question was answered in a detailed manner, which is worth quoting here in full.

The Committee replied:

Praise be to Allaah, and blessings and peace be upon His Messenger and his family and companions.

Firstly: the four madhhabs are named after the four imams – Imam Abu Haneefah, Imam Maalik, Imam al-Shaafa’i and Imam Ahmad.

Secondly: These imams learned fiqh (jurisprudence) from the Qur’aan and Sunnah, and they are mujtahideen in this regard. The mujtahid either gets it right, in which case he will have two rewards, the reward for his ijtihaad and the reward for getting it right, or he will get it wrong, in which case he will be rewarded for his ijtihaad and will be forgiven for his mistake.

Thirdly: the one who is able to derive rulings from the Qur’aan and Sunnah should take from them like those who came before him; it is not right for him to follow blindly (taqleed) when he is believes that the truth lies elsewhere. Rather he should follow that which he believes is the truth. It is permissible for him to follow in matters in which he is unable to come to a conclusion based on the Qur’aan and Sunnah and he needs guidelines concerning a particular issue.

Fourthly: Whoever does not have the ability to derive rulings himself is permitted to follow one whom he feels comfortable following. If he is not comfortable following him then he should ask until he finds someone with whom he is comfortable.

Fifthly: From the above it is clear that we should not follow their opinions in all situations and at all times, because they may make mistakes, but we may follow their views that are sound and are based on the evidence.

Fataawa al-Lajnah, 5/28

It says in Fataawa al-Lajnah, no. 3323:

Whoever is qualified to derive rulings from the Qur’aan and Sunnah, and has strong knowledge in that regard, even if that is with the help of the legacy of fiqh that we have inherited from earlier scholars of Islam, has the right to do that, so he can act upon it himself and explain it in disputes and issue fatwas to those who consult him. Whoever is not qualified to do that has to ask trustworthy people who so that he may learn the rulings from their books and act upon that, without limiting his asking or his reading to one of the scholars of the four madhhabs. Rather people refer to the four imams because they are so well known and their books are well written and widely available.

Whoever says that it is obligatory for the learned people to follow the scholars blindly in all cases is making a mistake and being inflexible, and is thinking that these learned people are inadequate, and he is restricting something that is broad in scope.

Whoever says that we should limit following to the four madhhabs is also mistaken, because he is restricting something that is broad in scope with no evidence for doing so. With regard to the common (i.e., uneducated) man there is no difference between the four imams and others such as al-Layth ibn Sa’d, al-Awzaa’i and other fuqaha’.

Fataawa al-Lajnah, 5/41

It says in Fatwa no. 1591:

None of them called people to follow his madhhab, or was partisan in following it, or obliged anyone else to act in accordance with it or with a specific madhhab. Rather they used to call people to follow the Qur’aan and Sunnah, and they would comment on the texts of Islam, and explain its basic principles and discuss minor issues according to general guidelines, and issue fatwas concerning what people asked about, without obliging any of their students or anyone else to follow their views. Rather they criticized those who did that and said that their opinions should be cast aside if they went against a saheeh hadeeth. One of them said: “If the hadeeth is saheeh then that is my madhhab.” May Allaah have mercy on them all.

It is not obligatory for anyone to follow a particular madhhab, rather we should strive to learn the truth if possible, or to seek the help of Allaah in doing so, then to rely on the legacy that the earlier Muslim scholars left behind for those who came after them, thus making it easier for them to understand and apply the texts. Whoever cannot derive rulings from the texts etc for some reason that prevents him from doing so should ask trustworthy scholars for whatever rulings of sharee’ah he needs, because Allaah says (interpretation of the meaning):

“So ask the people of the Reminder [Scriptures — the Tawraat (Torah), the Injeel (Gospel)] if you do not know”

[al-Anbiya’ 21:7]

So he has to strive to ask one whom he trusts among those who are well known for their knowledge, virtue, piety and righteousness.

Fataawa al-Lajnah al-Daa’imah, 5/56

The madhhab of Abu Haneefah (may Allaah have mercy on him) is the most widespread madhhab among the Muslims, and perhaps one of the reasons for that is that the Ottoman caliphs followed this madhhab and they ruled the Muslim lands for more than six centuries. That does not mean that the madhhab of Abu Haneefah is the most sound madhhab or that every ijtihaad in it is correct, rather like other madhhabs it contains some things that are correct and some that are incorrect. What the believer must do is to follow the truth and what is correct, regardless of who says it.

And Allaah knows best.

http://islam-qa.com/en/ref/21420/Following a madhab

 

[sister herb]

Dear Seeking Allah's Mercy

To me imams or so called imams of IslamQ&A are just as joke!

If I want to know something serious by Islam, I contanct to real imam, not read those copy&paste matters from forums.