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Differences Within the School: Following One’s Nafs?

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

1) A person prays Zuhr following the opinion of Imam Abu Hanifa (before two shadow length, but this is Asr time according to his students).

2) The same person prays Isha (at its earliest time, due to laziness) following the opinion of his students (whan the redness has gone from the sky, but the whiteness is still there – I think this is still not Isha time according to Imam Abu Hanifa).

Is this considered as ‘doing taqleed to your nafs’, and if not, please try and explain why not.

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

Walaikum assalam,

Delaying Zuhr to beyond a shadow-length (which is when Asr comes in according to his two companions) is disliked, and should not be done. [Radd al-Muhtar, Ibn Abidin]

The common person has to follow the relied upon positions in the school. He cannot himself “choose” different positions within the school. There are many issues where it would not be valid to follow the position of Abu Hanifa himself!

Sometimes, the scholars differed on what is the more relied upon position in the school. Both cases you mentioned are examples of this. In such a case, it is possible to adopt either position, though one should adopt the one considered more relied upon, except in situations of hardship, genuine need, or when the practice of the area one is in is otherwise. [As in Sharh Uqud Rasm al-Mufti of Ibn Abidin]

The early Muslims used to say, “Safety in religion lies in following the fuqaha.” As such, one should have scholars of knowledge and taqwa one consults on such matters.

And Allah knows best.

Wassalam,
Faraz Rabbani.

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