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Fatwa #625631 July 2002Australia

How come the four madhabs cannot unite and become one? There can only be one truth can't there?

Question

At the moment, ppl of one madhab look down on the followers of another. How can this be a good thing? Why can't all scholars come together and settle their differences? I mean, why do the different madhab's pray differently? I even read that Hanafi scholars said a hanafi couldnt marry a shafi, although it was later changed, allowing men to, but not women. Please give a specific answer to my question, and not the usual answer you give to ppl on taqleed.

Answer

In order to understand the concept of Taqleed, kindly consider the%0D%0Afollowing:%0D%0A1. The Imaams of each for the four Madhabs were Mujtahids. A Mujtahid is a%0D%0Ahigh ranking scholar with authority to deduce rulings from the Qur'aan and%0D%0AHadith. He displays intellectual honesty in his conclusions. A Mujtahid is%0D%0Anot bound to follow the conclusions of another Mujtahid if his research is%0D%0Adifferent. If he would do so, that will be intellectual dishonesty.%0D%0A2. Differences of opinion among the Imaams should be viewed as a mercy to%0D%0Athe Ummah. Rasulullah (Sallallaahu Alayhi Wasallam) said, 'The differences%0D%0Aamong my Ulama is a mercy.' Should there be only one ruling in every issue%0D%0Aas is the case in many unanimous rulings, there would not be a leeway in%0D%0Asome important matters. For example, according to some Imaams, only a Muslim%0D%0Ajudge in an Islamic state may annul a marriage in a marital dispute if there%0D%0Aare grounds of annulment. A marriage cannot be annulled in a non-Muslim%0D%0Acountry. That poses difficulty for many married Muslim women who have%0D%0Agrounds for annulment of marriage but their marriage cannot be annulled as%0D%0Athey reside in a non-Muslim country. In such a situation, the Maaliki Madhab%0D%0Awill be applied that the leaders of the Muslim community in a non-Muslim%0D%0Acountry will assume the position of a Muslim judge and annul the marriage.%0D%0A3. All the Madhabs believe 'Our Madhab is correct but there is a possibility%0D%0Aof an error - the other Madhab are incorrect but may be correct.' It is,%0D%0Atherefore,incorrect for any adherent of any Madhab to display intolerance to%0D%0Aanother Madhab. The view that a Hanafi cannot marry a Shaafi'ee, etc. is%0D%0Aabsolutely incorrect. A Hanafi male or female may marry a Shaafi'ee, Maaliki%0D%0Aor Hanbali male or female.%0D%0A4. Who can claim having knowledge, at least, equivalent to anyone of the%0D%0Agreat Imaams. Each imam was an expert in Qur'aan, Hadith, Fiqh. Based on the%0D%0Aabove, a) Will one scholar or a group of scholars be appointed as a judge to%0D%0Adecide on each juridical ruling of such illustrious scholars? b) What%0D%0Acriteria will one adopt to formulate one Madhab? c) Does one expect to%0D%0Aarrive at a unanimous decision on this procedure?%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai
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