Is it permissible to follow a fatwa from a different madhhab than the prevailing madhhab in one's country of residence?
Scholars have differed regarding the permissibility for a follower (muqallid) to switch from one (school of thought) to another. The correct view is that it is permissible, as long as the intention is not to cherry-pick the concessions (rukhas) of the madhhabs. The jurist Ibn Hajar al-Makki mentioned that one is not obligated to adhere to a specific madhhab; rather, they may seek from whomever they wish, but without seeking out concessions. Ibn Nujaym al-Hanafi stated in "Al-Bahr al-Ra'iq" the permissibility of following any mujtahid one wishes and transferring from one madhhab to another, but not by following concessions. In the commentary on "Tanqih al-Fusul" by Al-Qarafi al-Maliki, it is permissible to follow madhhabs and transfer from one madhhab to another under three conditions: that one does not combine between them in a way that contradicts ijma' (scholarly consensus), that one believes in the superiority of the one they are following, and that one does not seek out the concessions of the madhhabs. Based on this, it is permissible for you to leave the Maliki madhhab and adopt another madhhab, such as the Hanbali or Shafi'i, provided you do not seek out concessions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 115625
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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