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Can a Hanafi Student Memorizing the Qur’an Follow The Maliki School and Recite During Menst

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

In this particular Girl Qur’an school, where we memorize the Qur’an, teachers allow us to read and memorize the Qur’an while one has her menstrual period. And they base their permission by saying that Imam Malik issued a fatwa, giving permission for a woman to read Qur’an while having her menstrual period. Since our school is in majority “Hanafi” (only 1 or 2 students are Shafii) , and in our madhab we may practice a ruling from another madhab, even without a reason, our teachers say it is valid to follow Imam Malik in his ijtihad, especially since these girls are trying to memorize the Qur’an in it’s entirety, and some may have long (in days) menstrual periods, which may cause them to forgot what they have memorized because of the large amount of time in between. Though these girls read and memorize the Qur’an during their periods, they hold the Qur’an with a towel, or clothe, where as Imam Malik also gave permission to hold AND read Qur’an in this state.

When I asked if I could make amel according to Rasulullah sallallahu aleyhi wa sallam’s hadith, on behalf of not reading the Qur’an during my period, they told me I was making FITNAH amongst them. They asked if I thought I was more ehl-i Takwa than Imam Malik, for not wanting to follow him, and I said, surely not, but that I would like to follow Rasulullah, for Allah says:

“Verily in the messenger of Allah ye have a good example for him who looketh unto Allah and the Last Day, and remembereth Allah much.” (Al-Ahzaab 33:21)

What is the ruling on reading Qur’an during this state? Currently my school now leaves the decision to the student whether to read or not, and I want to know the full fatwa on this topic, to do what is right. I have read many other articles on this issue, but never specifically have I come across a fatwa “for girl students that are studying hifz”, as my teachers put it.

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam,

This is a matter of personal choice, at the end of the day. The scholars generally have two ways of dealing with the issue of following another madhhab than one’s own:

1. It is permitted to do so, but without making it a habit to always “seek out” dispensations;

2. One may not do so without a genuine hardship and need, for otherwise it is “following one’s whims,” which the Shariah has interdicted.

Generally, my Syrian Hanafi teachers took the former position, though the Indian and Pakistani scholars are firm on the second position. They are both valid ‘ways’ of acting. One should stick to the second way, though, as much as possible, for it is the way of taqwa. (This is something that everyone would agree on.)

The scholars of the sunni way agree, though, that the four schools, are all valid to follow, and each represents a sound operationalization of the Qur’an and Sunna, based on the interpretative principles laid down by its mujtahids. As such, a person who follows a position of any one of the four schools cannot be considered to be “going against” the Qur’an or Sunna. A well-versed scholar who understands the primary texts, fiqh, and usul, may disagree with another school, but the agreed-upon principle of sunni fuqaha is: “My position is correct with the possibility of being wrong. The position of others is wrong, with the possibility of being right,” because such differences only arose because of the probabilistic nature of the primary evidences.

In the case you mention, it is true that what they mentioned is the position of Imam Malik (Allah be pleased with him), though the majority of the mujtahid imams, including Abu Hanifa and his students, did not agree, because of the primary evidence that points to the contrary. (The Malikis were aware of this evidence, but understood it differently.)

Therefore, according to the first understanding (above), you could follow it and there would be nothing wrong with it. Just beware of making it a habit to seek out dispensations, and beware of those who have a habit of handing out fatwas from different schools: it is hard enough for true fuqaha to master one school, let alone four (or more). I specifically asked Shaykh Hassaan al-Hindi, in Damascus, about a sister taking the Maliki dispensation on this issue, and he said that there is nothing wrong with it. I asked, “Sidi, but what if she wants to stick to her madhhab?” He said, “Well, that is her choice.”

However, if you don’t feel comfortable or prefer to stick to the second approach, this is being cautious in religion. Just beware, though, of not creating fitna or ‘discussing’ with teachers or students why you are not reciting…

This was something posted a while back on the Hanafi fiqh list:

Sticking to One School

It is not religiously binding on the Muslim to stick to one school on all matters, without exception, as both al-Tahtawi and Ibn Abidin (Allah have mercy on them), the two leading late authorities for fatwa in the Hanafi school, both explain. Rather, there is nothing wrong with taking a dispensation if there is a need; what is impermissible is to make it a habit to seek out dispensations [i.e. even if there is no hardship or need].

The Path of Taqwa

The path of taqwa, as the scholars and sufis explain, is to avoid taking dispensations unless there is genuine hardship in following one’s own school. In fact, they say that those who have learned their own school should seek out the strictest positions from other school whenever reasonably possible, so that one’s worship and practice is sound without argument.

May Allah grant us beneficial knowledge, and the success to act according to it, on the footsteps of the His Beloved (Allah bless him and give him peace), with the secret of sincerity, without which actions are but lifeless forms.

And Allah knows best.

Wassalam,
Faraz Rabbani.

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.