Category: Schools of Fiqh
Fatwa#: 17292
Asked Country: South Africa

Answered Date: Nov 09,2008

Title: What are the ruling on following minority opinion (i.e. non-mashhur) in the hanafi school? Can I follow them whenever I want, or only in case of need or hardship, as in the case of following opinion from other madhhahib?

Question

What are the ruling on following minority opinion (i.e. non-mashhur) in the hanafi school? Can I follow them whenever I want, or only in case of need or hardship, as in the case of following opinion from other madhhahib?

And, can I follow minority opinion from another madhhab in case of need or extreme hardship?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

It is impermissible to follow the non- mashuur (minority opinion) in the Hanafi Mazhhab. Similarly, it will be impermissible to follow the minority opinion from another Mazhhab. Such doings go against the consensus of the scholars. Ibn Qatlubughaa (Rahimahullah) has recorded in the introduction of his book Al-Tasheeh Wa al-Tarjeeh :

واما الحكم او الفتيا بما هو مرجوح فخلاف الاجماع

“And as for passing a ruling or verdict on a non-preferred view is against the consensus of the scholars” (pg 130, Ilmiyya)

Ibn Abideen (Rahimahullah) has stated in Sharh Uquud Rasm Al-Mufti:

وكلام القرافي دال علي ان المجتهد والمقلد لايحل لهما الحكم والافتاء بغير الراجح لانه اتباع للهوى وهو حرام اجماعا

“And the statement of (Allamah) Qarafi indicates that it is impermissible for a Mujtahid and a Muqallid (one following a mazhhab) to pass a ruling on a non-preferred view, as this is following of desires and it is Haram (prohibited) by the consensus of the scholars” (Risalah no. 2, pg 10)

In an event of extreme difficulty and need, you cannot choose the minority opinion of the Hanafi Mazhhab nor any other Mazhhab. This is the responsibility of the Mufti’s and in such instances; you may present your case to a competent Mufti for a ruling.

And Allah knows best

Wassalam

Ml. Talha Desai,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

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