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Can a Hanafī marry a Salafī? Will a talāq issued by a Salafī be counted as talāq?

Answered as per Hanafi Fiqh by Askimam.org

Can a hanafi follower marry a salafi? What happens if both spouses keep to their methodology and live together, but in the case of talaq etc if the husband who is salafi issues one talaq, will it still be a complete talaq to his wife? As in salafi fiqh they consider one to equal 3. Is this correct? 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa rahmatullāhi wa barakātuh.

The Sharī‘ah stresses on the importance of compatibility (kafā’ah) between the spouses, including from the perspective of religion.[1]

A person who subscribes to the “Salafī” methodology generally has many divergences in Dīn from a Hanafī muqallid. For example, he does not adhere to a single madhhab and generally follows the conclusions of a certain group of scholars, some of which are in conflict with the vast majority of jurists.

The issue of three divorces issued in one sitting is amongst such issues. Many Salafīs believe three divorces issued together constitute only one divorce, whereas the great majority of the scholars have stated that they count as three divorces. We are not aware of an opinion that states one divorce equates to three, even amongst Salafīs. It appears you have misunderstood the opinion of Salafīs on this question.

Due to the incompatibility and the complications that could arise as a result, it is not advisable for a Hanafī woman to marry a Salafī man.[2]

If, however, a Salafī does not hold any beliefs that constitute disbelief, the marriage will be valid.

In the event that he issues one talāq, it will constitute one talāq without any disagreement.

And Allah Ta‘ālā Knows Best

Zameelur Rahman

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net


[1] الكفاءة فى النكاح معتبرة…وتعتبر أيضا فى الدين وهذا قول أبي حنيفة وأبي يوسف هو الصحيح (الهداية، إدارة القرآن والعلوم الإسلامية، ج.٣ ص. ٥٠-٤)

[2] فتاوى بينات، ج.٣ ص.١٥٣

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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