[Muhsin786]

As Salamu 'alaikum

I wanted to inquire and observe the opinions of the intellectuals of Yanabi.com regarding some issues Taqleed may cause. The questions are just random, and may at the end of it make no genuine sense, but since I have them in my mind, I thought maybe the questions could be corrected or answered by people or other relevant previous threads.

The Quranic verse 2:228 talks about quru, to which Imam Al-Sha'fi says is three period of tuhr and Imam Abu Hanifah says three period of Haiz. Now lets take an example, that if a Sha'fi man says to his Hanafi wife one divorce (Raj'i) in tuhr. He has three tuhr periods to take her back while according to her maslak, the third period of haiz finishes before the the third tuhur. And thus for her the marriage is finished in the 3rd haiz, if he does not take her back or takes her back in the third tuhr. SO what should be the real action? Is it fine for her to go back to her husband, despite her maslak's opinion on this matter.

Lets the second example, if a man touches his wife, according to Shafis his wudu is broken. So if the husband is hanafi and wife shafis. And if the husband touches the wife, is it fine for her to pray Salah behind him despite knowing that his wudu is broken?

Sorry for the long post, and if my questions do not make sense then please let me know. Jazakallah

[Kamrul]

Assalamualikum wa rahmatullah wa barakatu,


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Allah Hafez,
Mohammed Kamrul Hassan

[ira00]

As-salamu 'alaykum,

Regarding the two questions: The first has been elaborately discussed in some works of comparative fiqh. I don't recall the details (as I am utterly disinterested in divorce), and can look them up if need be, but the key principle is always that the madhhab of the enacter is applied for the ruling. Hence, if he gives the divorce as a Shafi'i, the divorce is given on the conditions and modalities of the Shafi'i madhhab. Likewise, if he is praying as a Hanafi, his wudu is required to be intact according to the Hanafi madhhab only (the mixing of madhahib in matters which correlate, as wudu and salah, or within the same action is called talfiq and is not permitted). By the way, your second question doesn't make sense, in that it is the Shafi'i lady who is no longer in wudu: the question of following her husband in prayer does not arise--she has broken her own wudu!

[Khalid_the_Warrior]

Brother who told you to follow any imam, its your choice and if someone follow someone its thier choice and i see nothing wrong with it as long as what they follow does not preach them anything against the shariah.

Some follow Imana Abu Hanifa ra, Imam Shafi's ra or Imam Malik and some follow Imam Bukhari ra.