Is it permissible to act based on two madhhabs together?

The Answer

Dear Brother / Sister,

Islamic fiqh scholars use the word "talfiq" in the sense of "combining different things". Scholars of methodology use this word in different senses in the fields of "ijtihad" and "taqlid". Accordingly, talfiq in taqlid means to apply the different decrees of two or more madhhabs on an issue by combining them through taqlid.

A person who cannot find a way out in his madhhab related to an issue can act based on the ijtihad or view of another madhhab. It is permissible. However, this taqlid must not originate from an arbitrary desire of the soul. It must be based on a necessity. A person who imitates another madhhab in an issue must pay attention to the following points:

First: If one is to imitate another true madhhab related to a deed of worship or transaction, it must not be done before.

For instance, if a person who follows Shafii madhhab remembers after performing a prayer that his hand touched his wife before starting that prayer and if he thinks, “my wudu is valid according to Hanafi madhhab”, his prayer is not valid.

Second: A person who imitates must not act by choosing and combining the easier parts madhhabs. Such a deed means doing opposite things according to different madhhabs, which is called “talfiq”. Talfiq is not permissible.

For instance, the wudu of a person who makes wudu according to Hanafi madhhab is valid even if he does not make intention. For, according to this madhhab, wudu is not one of the fards of wudu. However, According to the same madhhab, this person needs to wipe one-fourth of his head; if he wipes less than one-fourth of his head by acting according to Shafii madhhab, his wudu is not complete. Such a deed is not permissible since it is regarded as “talfiq”. 1

However, it is a deed of taqwa to imitate the azimah aspects of different madhhabs. For instance, if the hand of a Hanafi person touches his wife, his wudu is not invalidated; however, according to Shafii madhhab, it is invalidated. If a person renews his wudu in that case by imitating Shafii madhhab, it is azimah, a deed of taqwa. If a Shafii person renews his wudu when blood comes out from a part of his body, it is also azimah.

It is also azimah, a rewarding good deed for a Hanafi person to imitate the views of other madhhabs related to the sunnah supplications and nafilah worshipping at the beginning and end of some deeds of worshipping.

1. Ibn Abidin, Raddul-Muhtar. (Beirut: Ihyaut-Turathil-Arabi) 1:51; as-Sayyid Abi Bakr. Ianatut-Talibin. (Beirut: Ihyaut-Turathil-Arabi) 4:219.

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