It is said that a man cannot change his math-hab on account of his wife following another math-hab.

Answer

No it is not. The Fuqaha have said that a person who change his Math-hab for a worldly reason should be subjected to Ta'zeer (i.e. punishment by whipping). In Taartakhaaniyah is mentioned:

"A man from the companions of Abu Hanifah proposed marriage for the daughter of a man who was of the Ahl-e- Hadith. He rejected the proposal (but agreed) on condition he abandons his (Hanafi) Math-hab. Then he accepted the proposal and married his daughter to the man.

The Shaikh who was asked about this, lowering his head, said: "Although Nikah is valid I fear that he will lose his Imaan at the time of Maut… because he changed his Math -hab which was the Haqq according to him, for jeefah (carrion, i.e. for the woman)."

It suffices for us Muqallideen that the Fuqaha have ruled impermissibility, and that it is tantamount to kufr to abandon one‟s Math-hab for the sake of marriage. They understood the issue better than all of us morons of this era.

When a person changes Math-hab for the purposes of marriage, he/she in fact does so for a base nafsaani reason, not for the Deen. Carnal lust is his/her determinant, not the Deen. The Deen is the furthest from the mind when a man/ woman changes his/her Mathhab for the sake of a woman/man. The one who denies this, comes within the purview of the Aayat:

"In fact man has insight over his nafs although he puts forth excuses."

Changing one‟s Math-hab is tantamount to changing one‟s Deen. It is never permissible to change one‟s Deen for the sake of compatibility and harmony whether assumed or real.

Only a total jaahil will develop ill-feelings if his wife of another Math-hab practices on its teachings. Since it is our belief that all four Math-habs are the Haqq, the intelligent man will not develop illfeelings. In fact we are aware of many cases of marriage across the Math-habs without friction in the marriages due to masaa-il. Each one simply has to follow the masaa-il of his/her Math-hab and respect the other one‟s Math-hab.

The claim that the „contrasting Math-habs will lead to a clash‟, is spurious. When they entered into marriage, they were fully aware of their respective different Math -habs hence opted for toleration and acceptance.

The objector is making a mountain out of an anthill in his desire for validating a practice which has the potential of culminating into kufr according to the Fuqaha.

Ignorance itself is a curse. They should institute steps to eliminate their ignorance.

It is alleged that there are thousands of furu' which will lead to a clash in the marriage. This claim is baseless. In an attempt to bolster this spurious claim, he says:

(1) "One example: The

Hanafi man wishes to touch his Shaafi'i wife. She refuses as it is Namaaz time, and her wudhu will break. This leads to ill-feelings."

This argument is fallacious for the following reasons:

(a) Why would the husband desire to nullify his wife‟s wudhu at the time of Namaaz? Does he not understand the incumbency of Namaaz? Apart from the wudhu aspect, it is not permissible to do anything which will prevent the wife from performing Namaaz at its time.

(b) Assuming that the Hanafi man had renounced his Mathhab and had adopted the Shaafi Math-hab for the sake of marrying the Shaafi woman, then what would he do when it is the time for his wife to perform Namaaz? Obviously he will refrain from touching her.

Now what prevents the Hanafi husband from accommodating his Shaafi wife by refraining from touching her when it is time for her to perform Namaaz? It is not Waajib in the Hanafi Math-hab to resort to an act which nullifies another person‟s wudhu. If he was a Shaafi, he would have refrained. So what prevents the Hanafi man from refraining to touch his wife at the time of Namaaz? Why is it necessary to abandon one‟s Math-hab to accommodate the wife of another Math-hab? When it is simple and permissible to accommodate the Shaafi wife‟s wudhu mas‟alah without abandoning one‟s Math-hab, what then is the incumbency to resort to such a severe act fraught with the danger of kufr, namely, abandoning the Math-hab?

By simply accommodating the wife‟s Shaafi‟ stance, ill-feelings will not develop. Ill-feelings is the effect of jahaalat and lack of fear for Allah Ta‟ala.

(2) Then he advances the following preposterous claim:

"Similarly, at each and every step there will be a clash."

This is not just an exaggeration. It is gross stupidity of the person who has not applied his Aql at all. Let him detail all the issues, step by step, to substantiate his ludicrous allegation. There is no such „clash at every step.‟ In every scenario of a conflicting mas‟alah, the simple solution is to accommodate the other Math-hab. Rarely will the difference be of the kind to preclude accommodation.

(3) The answer for any conflict of Math-habs is simply to accommodate one another wherever the Math-habs permit accommodation. Where accommodation is not permissible, understanding is necessary.

Consider the example of prawns. If the husband is Shaafi, he will eat prawns whilst the Hanafi wife will not. Does the Shaafi Math-hab compel the Hanafi wife to eat prawns? Obviously, it does not. Thus, the husband cannot impose his desire for prawns on his wife.

Now if this Shaafi husband was a Hanafi, he would abstain from prawns. If he is a Shaafi then what prevents him from abstaining from prawns to accommodate the Math-hab of his Hanafi wife? It is not waajib for the Shaafi husband to eat prawns nor is it waajib for the Hanafi wife to prevent him from eating prawns.

The problem is imaginary and due to ignorance. But the ignorance can be cured. Assuming that the man wants to change his Math-hab to adopt the woman‟s Math-hab, then obviously he will have to equip himself with the basic masaa-il of the new Math-hab. So what prevents the Hanafi man from learning the basic masaa-il of the other Math-hab to enable him to accommodate his wife of the other Math-hab? Nothing prevents him.

Whether he changes his Math-hab or not, he/she still has to acquire a degree of knowledge of the other Mathhab since they are to marry across the Math-hab line.

A Muslim is an Insaan to whom Allah Ta‟ala has bestowed Aql. He has to utilize his Aql constructively, and not act like an animal. He must be accommodating in all issues permitted by the Shariah, and not cite his jahaalat as an excuse for committing

zulm (injustice).

Please notify us of your contribution deposited into any of our banking accounts. A copy MUZO of S.A.

SUPPORT THE ISLAMIC of the proof of payment will be

PROJECT OF THIS (Standard Bank)

appreciated. Email or post to us

Acc no: 080 645 240

CENTURY. SUPPORT THE at the address on the top right of Branch: Berry's Corner,

WAAJIB MAKTAB this page.

Port Elizabeth

PROJECT. SUPPORT THE [email protected] Branch Code: 050217

PROGRAMME OF ISLAM

Sort Code: 051001

Important: Do notify us if a

TO RECLAIM THE LOST

Swift Code SBZAZAJJ deposit is made in our banking CHILDREN OF THE account.

UMMAH Mujlisul Ulama of SA

Send your contributions to: ABSA Bank

Please let us know the

Acc no. 40 8255 6635

Mujlisul Ulama of SA designation of the contribution, Branch code : 632005

Nedbank whether it is Zakaat, Lillah,

Port Elizabeth

Acc no. 1217 040 145

Majlis contribution, Syria, etc. Swift code : ABSA ZA JJ

Branch: Greenacres

Branch Code: 198765

Port Elizabeth

(Swift Code NEDSZAJJ)

Shawwaal 1 1446 April 2025

ZAKAAT NISAAB R 11,500 MEHR-E-FATIMI R 28,500

(Arabic passage, page 24 of the original PDF)

(Arabic passage, page 24 of the original PDF)