Wednesday, May 31, 2006

Re: FIQH QUESTIONS

Question: Can you explain why it is wrong to take the stronger hadiths in our fiqhi actions compared to what's been set in the madhab? For example I find the evidence from books such as Albani saying Amin out loud, etc.

Answer: It is not that simple. Taking judgements directly from Quran and Hadith is strictly forbidden for other than mujtahids. The strength of a hadith narration is only one consideration a mujtahid takes; he is aware of all the evidences related to the issue and draws his conclusions accordingly. He also meets numerous other criteria, such as intelligence, understanding, ingenuity, piety, language, customs, consensus, etc. In the Hanafi school, going by the hadith with the strongest chain of narration and ignoring others is just about the last resort. The principle is that no haidth is ignored unless there is no other way out.

Question: Is it permissible to pray like a Shafii, but the rest of the dealings of a person be that of a Hanafi?

Answer: According to some scholars, yes.

Question : Can you explain the situations in which one can do talfiq?

Answer: It is allowed to do so if you have some understanding of fiqh such as to avoid breaking consensus (ijmaa^) through the way one mixes. In general, this should only be done when one has great difficulty in following one's own school.