Question:

A. Can you please tell me that whether a person from a hanafi fiqh can pray behind the imam from different fiqh like, malaki, hanbali, shafyee ? i have heared that we cannot. 

Answer:

Bismillahi Ta'ala,

A.

(1)
Fatawa Hindiyyah states that Iqtida' of a Shafi'i imam is only valid if he (the shafi'i imam) keeps consideration of the issues of ikhtilaaf. Thereafter he gives examples of these differences. In short these examples are issues which according to hanafi madhab render's a salah invalid, while they may not do so according shafi'i madhab. [i]

Allamah Shaami rahimahullah also states similar when he said that, "The upshot of the statement of Sharh Muniyah is : The iqtidaa' of an imam of different madhab like Shafi'i is permissible as long as it is not known from him of any act that renders the salah invalid according to the belief (i'tiqaad) of the muqtadi, and there is ijma' on this." [ii]

(2)
If the Imam takes care of the muqtadi's madhab, then the Iqtidaa (following) of a hanafi behind a shafi'i or any other madhab is permissible without any (karahiyah) dislikeness. However, if the imam does not take care of his muqtadi's madhab behind him, then the iqtidaa' of such a muqtadi will be makruh (disliked). Allamah Shaami rahimahullah has mentioned this in his Raddul Mukhtar [iii]. Allamah Shaami rahimahullah concludes his discussion with his opinion that these issues which will make the salah makruh are where Imam does not take care of the fara’idh. However, if he disregards sunans etc, then the karahiyah will not be there. [iv] *

The above hanafi ruling also compares on a lighter side with the shafi'i stance on the same issue. In the English rendition of Ship of Salvation, Ml. Abdullah al Marbuqi states, "It is valid for a Shāfiʿī to follow an imām of a different madhhab whenever the follower is not certain that the imām has omitted an obligatory component of ṣalāh. However, if certain that the imām has omitted one, it is not valid to follow him. The validity is based solely on the madhhab of the follower as to whether or not something obligatory has been omitted. Example, a Shāfiʿī followed a Hanafi imām who touched his private part. According to the madhhab of the follower the wuḍūʾ of the imām is invalidated but not in the madhhab of the imām."

Note that all those acts which renders the salah invalid [such as imam wiping on cotton socks, making wudhu’ with little water in which najasah was there etc] will not even be considered in this case, rather they will be ruled under (1), above.

(3)
All the above is when the muqtadi knows for certain that the Imam does not take care for the muqtadi's madhab. In case the muqtadi does not know for certain that the Imam will not take the muqtadi's madhab into consideration, then Imam Tumurtashi rahimahullah mentions from Sheikhul Islam Khawahirzada rahimahullah that if a person does not know of the imam to disregard such differences with certainty, then the iqtidaa' will be permissible however makruh (disliked/reprehensible). [v]

* Initially my answer used to be that the mura'aat (consideration) of the muqtadi's madhab will relate to all Fara'idh, Sunans and Wajibaat of the salah. It was in that view I had previously answered that a lengthy pause by a shafi'i imam after fatiha will render a hanafi muqtadi's salah makruh. However Allamah Shaami's ibrah stands clear that consideration is only in Fara'idh in Shuroot and arkaan of that salah. So consider this a retraction of my previous answer. Such a long pause will not be makruh, however better for the shafi'i imam to still adopt the lighter opinion of shortening the pause. [vi]

Wallahu A'lam

Mufti Faisal al Mahmudi
www.fatwa.ca

[i]
الفتاوى الهندية (1/ 84)

[ii]
الدر المختار وحاشية ابن عابدين (رد المحتار) (1/ 563)

[iii]
الدر المختار وحاشية ابن عابدين (رد المحتار) (1/ 563)

[iv]

[v]

[vi]