Fatwa ID: 08599

Written by Mufti Sibghat Ullah

Question:

As a layman with no adherence to a specific madhab, I previously followed the view that semen and alcohol are pure and was heedless about these matters, putting everything in the washing machine and unknowingly spreading impurity everywhere. However, after learning about the necessity to follow a madhab on such issues, I have started developing OCD-like concerns, fearing that I have filthified everything I come into contact with. In this situation, would it be considered permissible tafliq or impermissible tafliq to now follow the Hanafi school while still adopting the other madhabs’ views on the purity of semen? I don’t want the ruling on washing machines, as that concept of the impurity not spreading confuses me. I just want to know about the permissibility of tafliq in this scenario.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If you mix rulings in a way that neither school fully agrees, then that act of worship becomes invalid[i]. Suppose someone follows Shafi madhab for ablution and Hanafi for wiping over socks, without following either school’s conditions properly, then their prayer will become invalid in both madhabs opinion.

In short, you cannot do tafliq as it will be impermissible.

References:

[i] Tawdih wa al-Talwih, Volume 2, Chapter Following other madhhabs, Darul kutub al ilmiyyah, Beirut

 واتباع مذهب الغير جائز عند الحاجة، بشرط أن لا يجمع بين قولين يؤدّي إلى إبطال العبادة أو إسقاط الواجب

Following another madhhab is permissible when needed, on the condition that one does not combine two opinions leading to invalidating the act of worship or dropping an obligation.

Only Allah knows best.

Written by Mufti Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham