[RLRWai4B]

I came across the following fatwa, and frankly, I found it very alarming. Is anyone able to give some kind of explanation?

If you have already adopted the Hanafi Madhab, you have to abide by it. It is not permissible for you to adopt the Shaafi?ee Madhab now.

and Allah Ta'ala Knows Best

Source: http://www.askimam.org/fatwa/fatwa.p...1824f0dac81a39

[GetsTan]

^



Email admin@daruliftaa.net . That's Mufti Ebrahim's Darul Iftaa email address. you can ask your query.

[elapicearpisp]

I wish I could change to Shafi madhab. I heard machine slaughter is permissible - and I can start going to Popeyes again.

I also advised my brother to switch to Shafi so he can wear his engineering iron ring.

[RLRWai4B]

I wish I could change to Shafi madhab. I heard machine slaughter is permissible - and I can start going to Popeyes again.

I also advised my brother to switch to Shafi so he can wear his engineering iron ring.

Are you being serious?

[elapicearpisp]

Are you being serious?

depends ... about what?

[RLRWai4B]

depends ... about what?

Well, your post. If you weren't being serious, what was the intended point, as I don't quite get it... ?

[elapicearpisp]

Well, your post. If you weren't being serious, what was the intended point, as I don't quite get it... ?

My point is if I switch to Shafi' madhab my life will become 100x easier. So I understand why some scholars may want to prevent people from switching.

[RLRWai4B]

My point is if I switch to Shafi' madhab my life will become 100x easier. So I understand why some scholars may want to prevent people from switching.

That is of absolutely no concern to them, and it is therefore not within their right to prevent people to do so.

The purpose of the Deen is not to make life difficult, and there is much evidence to support that. There is certainly no real evidence to support otherwise.

[ManHolDenPoker]

I don't know the reason why Mufti Ebrahim said it's impermissible for the questioner.

The best advise is to e-mail him and ask for a clarification. Till then, let us maintain Husn adh-dhan.

[elapicearpisp]

That is of absolutely no concern to them, and it is therefore not within their right to prevent people to do so.

The purpose of the Deen is not to make life difficult, and there is much evidence to support that. There is certainly no real evidence to support otherwise.

I am not speaking for Mufti Desai saheb. I do not know the reason behind his fatwa. I am saying what I think.

[nancywind]

I am not speaking for Mufti Desai saheb. I do not know the reason behind his fatwa. I am saying what I think.

Since you said; "I am saying what I think.", then I guess you are fully aware that you'll bear any responsibility stem from that, if any, right?

That's very brave of you. As for myself I would prefer a more cautious actions/words.

Allah Knows Best.

[elapicearpisp]

Since you said; "I am saying what I think.", then I guess you are fully aware that you'll bear any responsibility stem from that, if any, right?

That's very brave of you. As for myself I would prefer a more cautious actions/words.

Allah Knows Best.

Assalamu alaikum,

I don't understand what you are saying. I gave my guess as to why some scholars might prevent people from switching madhabs in certain situations. I know of scholars who have given the reason. But I don't know what is the reason behind Mufti Desai's fatwa.

Moreover I will bear no responsibility if someone reads my posts and takes action on it because of the disclaimer at the bottom of every single one of my posts.

[hitaEtela]

Having a blanket permissibility to change madhhab opens the way for people to follow their desires. As brother hope1 said, people can just change their madhhab whenever they feel like it so they won't have to be constrained. "I think my cut is bleeding so I think I'll be Shafi'i for salah!" "I want to own a dog...I think I'll be Maliki now!" "I'd like to eat things that have synthetic alcohol used for flavour...I think I'll be Hanafi from now!" "I don't like how beards are mandatory...I'll be a Shafi'i!" "I don't like praying Witr and I have a lot of qadha salah so I might as well not be a Hanafi!"

You get the picture? If a layperson is given freedom to change madhhab whenever he pleases, then he'll end up following his nafs. How would that make the person better than the ghair muqallid Salafi?

[nancywind]

Having a blanket permissibility to change madhhab opens the way for people to follow their desires. As brother hope1 said, people can just change their madhhab whenever they feel like it so they won't have to be constrained. "I think my cut is bleeding so I think I'll be Shafi'i for salah!" "I want to own a dog...I think I'll be Maliki now!" "I'd like to eat things that have synthetic alcohol used for flavour...I think I'll be Hanafi from now!" "I don't like how beards are mandatory...I'll be a Shafi'i!" "I don't like praying Witr and I have a lot of qadha salah so I might as well not be a Hanafi!"

You get the picture? If a layperson is given freedom to change madhhab whenever he pleases, then he'll end up following his nafs. How would that make the person better than the ghair muqallid Salafi?

the problem is whenever a person says his/her intention as so, a blanket generalization is thrown upon the person without anyone investigates if that's the truth, or even worst if the person who stated the initial intention was not given a chance at all? Heck the person involved might not be at liberty at all to discuss his problem on a public forum like this. Have that even be considered?

Who are we who might be staying some 1000 miles from the said person to say anything about it? Why can't the said person who wanted to change his madzhab be given a direction to local scholars so the person can discuss the issues with the said scholars first?

Do we even know if the brother(s)/sister(s) might have some real problems in the first place?

Now do you get the picture of throwing some blanket generalization on every request or intention of changing his/her madzhab?

Allah Knows best.

[hitaEtela]

the problem is whenever a person says his/her intention as so, a blanket generalization is thrown upon the person without anyone investigates if that's the truth, or even worst if the person who stated the initial intention was not given a chance at all? Heck the person involved might not be at liberty at all to discuss his problem on a public forum like this. Have that even be considered?

Who are we who might be staying some 1000 miles from the said person to say anything about it? Why can't the said person who wanted to change his madzhab be given a direction to local scholars so the person can discuss the issues with the said scholars first?

Do we even know if the brother(s)/sister(s) might have some real problems in the first place?

Now do you get the picture of throwing some blanket generalization on every request or intention of changing his/her madzhab?

Allah Knows best.

Scholars usually take the cautious route when giving out their fatawa. If the person was truly intent on changing his or her madhhab, then he may have been able to ask his local scholars. Furthermore, Ask Imam is a public fatwa website. If a person is asking about his personal issues on such a website, then he has to expect the answers to not be catered for him alone - unless the person specifies his details and specifics. If the person doesn't want to share, is it fair to expect a Mufti to give a fatwa that gives the person a rukhsa or a general fatwa since the website is read by people who would make statements like those hypotheticals I stated in my last post? People also seek out ulama so that they can get answers, not so that they be redirected elsewhere. The latter only happens in person but when it is something as impersonal as a fatwa website, then what can you expect?

[nancywind]

Scholars usually take the cautious route when giving out their fatawa. If the person was truly intent on changing his or her madhhab, then he may have been able to ask his local scholars. Furthermore, Ask Imam is a public fatwa website. If a person is asking about his personal issues on such a website, then he has to expect the answers to not be catered for him alone - unless the person specifies his details and specifics. If the person doesn't want to share, is it fair to expect a Mufti to give a fatwa that gives the person a rukhsa or a general fatwa since the website is read by people who would make statements like those hypotheticals I stated in my last post? People also seek out ulama so that they can get answers, not so that they be redirected elsewhere. The latter only happens in person but when it is something as impersonal as a fatwa website, then what can you expect?

Hence it should be determined on a case by case per se. If the person can't or not at liberty to disclose his problem, and he's just following up the fatwa, then shouldn't he be given an access to local scholars first?

Regardless of what the said person's issues, if there's any issue at all, nobody else has the right to put a blanket generalization upon his intention. Let the said person deal the matter with local scholars first. The best help we can offer is to give contact means of local scholars so the matters can be discussed with qualified persons. The issue might be big enough that it can't be reconciled within one day even. That is if we really want to help our fellow Muslim brothers or sisters.

Otherwise, then I'm not going to be the person to give some blanket generalization, . The rest, I'll just leave it to Allah .

Allah Knows Best.

[hitaEtela]

Hence it should be determined on a case by case per se. If the person can't or not at liberty to disclose his problem, and he's just following up the fatwa, then shouldn't he be given an access to local scholars first?

Regardless of what the said person's issues, if there's any issue at all, nobody else has the right to put a blanket generalization upon his intention. Let the said person deal the matter with local scholars first. The best help we can offer is to give contact means of local scholars so the matters can be discussed with qualified persons. The issue might be big enough that it can't be reconciled within one day even. That is if we really want to help our fellow Muslim brothers or sisters.

Otherwise, then I'm not going to be the person to give some blanket generalization, . The rest, I'll just leave it to Allah .

Allah Knows Best.

If you go to a Mufti and ask him if it is okay for him to pray with urine on his clothes, do you think it is okay for the Mufti to tell him to speak to his local scholars? If the person is a ma'zoor and hasn't disclosed this to the Mufti, what kind of answer would one expect from the Mufti? Similarly, if there is a valid reason a person wants to change his madhhab - e.g. lack of access to scholars of current madhhab - but if the person just asks if he can change his madhhab, what can a Mufti say?

The concept of rukhsa means that under special conditions, there can be fluctuation from an established position. But these are on a case by case basis and rukhsa are not given out for "general" inquiries. If the person had qualified his question further by saying that there is a lack of access to scholars of the madhhab around him, then he would have gotten a different answer than the general answer posted. If it was some sort of personal reason, he should have either consulted local scholars personally or taken a more personal approach (e.g. phoning or direct email or even emailed the website but specified not to have it publicized). If you're not willing to divulge the reason you should be given a rukhsa, then it is necessary to give a general answer - and in the Hanafi madhhab, the general answer is that it is impermissible to change your madhhab.

The thing is, when you ask a Mufti a question, you don't expect a reply where you're told to seek "other scholars". The website is too impersonal if you want an answer catered to your needs or circumstances. Also, we should abstain from having a double standard - having husn adh-dhann for the questioner but being critical of the answerer. If you really have an issue about this, email Mufti Ebrahim Desai and find out.

[nancywind]

If you go to a Mufti and ask him if it is okay for him to pray with urine on his clothes, do you think it is okay for the Mufti to tell him to speak to his local scholars? If the person is a ma'zoor and hasn't disclosed this to the Mufti, what kind of answer would one expect from the Mufti? Similarly, if there is a valid reason a person wants to change his madhhab - e.g. lack of access to scholars of current madhhab - but if the person just asks if he can change his madhhab, what can a Mufti say?

The concept of rukhsa means that under special conditions, there can be fluctuation from an established position. But these are on a case by case basis and rukhsa are not given out for "general" inquiries. If the person had qualified his question further by saying that there is a lack of access to scholars of the madhhab around him, then he would have gotten a different answer than the general answer posted. If it was some sort of personal reason, he should have either consulted local scholars personally or taken a more personal approach (e.g. phoning or direct email or even emailed the website but specified not to have it publicized). If you're not willing to divulge the reason you should be given a rukhsa, then it is necessary to give a general answer - and in the Hanafi madhhab, the general answer is that it is impermissible to change your madhhab.

The thing is, when you ask a Mufti a question, you don't expect a reply where you're told to seek "other scholars". The website is too impersonal if you want an answer catered to your needs or circumstances. Also, we should abstain from having a double standard - having husn adh-dhann for the questioner but being critical of the answerer. If you really have an issue about this, email Mufti Ebrahim Desai and find out.

brother,

So you make generalization on what kind of difficulty that other brothers may face (of which may be staying some over 10,000 miles away)? Do you seriously think think that Mufti Ebrahim Desai would give an answer like what you just wrote? And do you think that Mufti Ebrahim Desai can solve anything through just emails? Do you really think that there's not even remotely that there might be some personal problems that's somehow specific to the questioner?

Double standard to the questioner and to the answering person? Are you kidding me? Is there such a classification?

If you reread my postings back, I am all against any blanket of generalization as nobody on this forum might not be familiar with the problems that the questioner might face (if any). Isn't it better if the questioner himself/herself take some time to discuss his/her matters with any qualified scholar rather than be bombarded by any accusation from a *fellow* Muslim that he/she just wanted to change his madzhab because of his/her nafs? Have you yourself ever asked the questioner if he/she might have some real problem before lumping him/her with that generalization?

Can't you refrain yourself from making broad generalization?

[unmalryAlalry]

I wish I could change to Shafi madhab. I heard machine slaughter is permissible - and I can start going to Popeyes again.

I also advised my brother to switch to Shafi so he can wear his engineering iron ring.

This is exactly why scholars are very cautious of allowing people to change madhhab...

To avoid precisely what was written above.

[unmalryAlalry]

brother,

So you make generalization on what kind of difficulty that other brothers may face (of which may be staying some over 10,000 miles away)? Do you seriously think think that Mufti Ebrahim Desai would give an answer like what you just wrote? And do you think that Mufti Ebrahim Desai can solve anything through just emails? Do you really think that there's not even remotely that there might be some personal problems that's somehow specific to the questioner?

Double standard to the questioner and to the answering person? Are you kidding me? Is there such a classification?

If you reread my postings back, I am all against any blanket of generalization as nobody on this forum might not be familiar with the problems that the questioner might face (if any). Isn't it better if the questioner himself/herself take some time to discuss his/her matters with any qualified scholar rather than be bombarded by any accusation from a *fellow* Muslim that he/she just wanted to change his madzhab because of his/her nafs? Have you yourself ever asked the questioner if he/she might have some real problem before lumping him/her with that generalization?

Can't you refrain yourself from making broad generalization?

Kindly look at the previous post

Then Abdul Wahhaab's replies make perfect sense in this light...