Acting in opposition to one's own Mathhab in certain issues

7-1-2014 | IslamWeb

Question:

Can a woman of Hanafi Madhab escape from paying zakat on gold ornaments of personal use taking advantage of opinions of other madhabs like Malei or Hambali?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His Slave and Messenger.

If a woman believes that the evidence that there is no Zakah on jewelry kept for adornment is preponderant, or she asked a scholar who issued her a Fatwa that there is no Zakah on it, then it is permissible for her to act in opposition to the Hanafi Mathhab which she follows, and act in accordance to the view of other Mathhabs.

The view that we adopt here in Islamweb also is that it is permissible for a woman to act in accordance to the view that there is no Zakah and follow the most lenient opinion as long as it is not a habit for her.

As-Subki said: “It is permissible for someone with no knowledge to occasionally follow the concessions of the scholars in cases of necessity as long as he or she does not seek out concessions [as a habit].”

We have mentioned in many Fataawa that if a person acts in accordance to the most lenient opinion in one or two issues for a necessity, it is permissible to do so, and that the seeking out of concessions which the scholars have dispraised and not permitted only relates to those who make this a habit and normal practice and hence acts in accordance to the most lenient opinion in every single issue.

Also, the scholars differed in opinion about whether or not a layman who follows the rulings of a given Mathhab may act in accordance with another Mathhab in some issues. Ash-Shawkaani said: “The scholars have also differed in opinion over whether it is permissible for a layman who abides by a given Mathhab to act in opposition to his Imaam in some issues, and act in accordance with the view of other Imaams; it was said that it is not permissible; it was also said that it is permissible; a third opinion said that if he had already been acting on the issue, it is not permissible for him to switch to another view, otherwise it is permissible for him to do so... It was further said that it is permissible for him to do so on condition that his chest is opened for it, he is not intending to be evasive, and it does not run counter to a decision ruled (by an Ialmic judge) against his favor in the issue. This is the view chosen by Ibn Daqeeq Al-‘Eed.”

Allaah Knows best.