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Fatwa #548126 April 2002United States of America

Fiqh masails for shafi in hanafi area

Question

a. If the number of people are less than 40 at Juma should a Shafi follower in a Hanafi area read Zuhr or say Juma with less than 40 in the jamaat? b. In fajr prayer what should the Shafi muqallid do when Hanafi imam does not recite the Dua al Qunut? c. If the Shafi muqallid is asked to recite the Iqamat in a Hanafi mosque should he recite all the verses once or twice? d. If all the followers and Imam is Hanafi followers should the Shafi follower recite Aameen loudly in Fajr, Magrib and Isha Salaat? e. Can a shafi follower follow all the rules of prayer/zakat/Haj according to shafi fiqh but follow the rules of business according to hanafi fiqh in view of the majority in community being ahnaf? f. could you reverify the email address of Dar al-`Ulum al-`Arabiyyah al-Islamiyyah is (mt_k@hotmail.com) ref: Q5331 as there seems to be no response from the email. Maybe I got it wrong.

Answer

1. He may follow the Imam in Jumu'ah, and perform Zuhr after Jumu'ah.%0D%0AAlternatively, he may select as the basis of his practice the views of%0D%0AFuqaha of the madhhab such as al-Muzani and as-Suyuti, in whose opinion the%0D%0Arequired number for Jumu'ah is 3, and not 40. In this case the performance%0D%0Aof Zuhr will not be necessary.%0D%0A%0D%0A2. When following a Hanafi imam in Fajr salah, thereare two possibilities:%0D%0AEither the imam makes qunut (for the sake of a nazilah) or he does not. In%0D%0Aboth cases the Shafi'i muqtadi is required to make Sajdat as-Sahw according%0D%0Ato the carried view of the maddhab. Some fuqaha of the madhhab, like%0D%0Aal-Qaffal al-Marwazi, and later Jamal ad-Din al-Isnawi and as-Suyuti, hold%0D%0Athe view that Sajdat as-Sahw does not have to be made. It is permissible to%0D%0Aassume their view as the basis of one's practice.%0D%0A%0D%0A3. The fact that he is called upon to make the iqamah in a Hanafi masjid%0D%0Adoes not oblige him to say the words of the iqamah twice. He can still say%0D%0Athem once in accordance with his madhhab.%0D%0A%0D%0A4. Being in a Hanafi congregation has in itself no bearing upon the manner%0D%0Ain which the aameen is to be said. However, if a person fears that by acting%0D%0Aaccording to the teachings of his madhhab he will draw unwanted attention to%0D%0Ahimself on account of the ignorance of the society or some of its members,%0D%0Ahe will be well within his rights to say the aameen softly.%0D%0A%0D%0A5. Yes it is permissible to follow the Shafi'i madhhab in general, and the%0D%0AHanafi madhhab in a specific field such as business and contracts.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AShaykh Taha Karaan%0D%0AShaafi'ee Madhab - Darul Uloom al-Arabiyya al-Islaamiyyah, Western Cape (SA)%0D%0AFOR: DARUL IFTA - MADRASAH IN'AAMIYYAH, CAMPERDOWN
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