Question:

Can a girl who follows hanafi fiqh and does taqleed of  Imam  Abu Haneefa (rehmatullahi alai) and other hanafi scholars marry a person who is a strict ghair muqallid but otherwise a very religious person

The person has a religious mind and is searching for a pious wife but the only problem is that he is ghair muqallid. Should the girl proceed with the proposal or not.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

A Hanafi girl marrying a ghair muqallid warrants a two folds answer. First and foremost, we will need to see the aqeedah. In most cases there is no problem with aqeedah issues. Most of the differences between a muqallid hanafi and a ghair muqallid are in Furu’i issues and not aqeedah issues. Them many of these differences are also based on strength of the evidence and differences thereof. These differences are not something which become a hindrance for a nikah to be valid or invalid.

However, there could be other differences in the Aqeedah issues, where the husband may believe that anyone who follows taqleed of Imam Abu Haneefah rahimahullah is a Mushrik etc. If a person has such a belief, then how can his nikah be valid with someone who is a muqallid of Imam Abu Haneefah rahimahullah (i.e someone he himself deems as a mushrik).

Nonetheless, if the difference is on the fiqhi issues, then such a difference is not sufficient to render such a marriage invalid. The nikah will be correct.

A more appropriate question is whether it is advisable to marry a ghair muqallid?

There are different kinds of ghair muqallids. Some are more enthusiastic than others. This may pose some challenges for the husband and wife in the marital life.

The difference of opinions in the fiqhi issues may lead to a position in marriage which will cause undue hardship. One such example which we have witnessed time and again is the issue of 3 Talaqs. The ghair muqallid insist that 3 talaq in one sitting only constitutes 1 talaq, whereas Hanafiyyah iterate that these will be 3 talaqs. This would mean, that a muqallid man may issue 3 talaq and deem his nikah to be still intact, while the muqallid girl knows that her marriage is no longer valid. In practical scenario, this creates a chain of pressurizing events between husband and wife, and the family. The girl in most cases ends up giving up under the pressure and follows along with the husband even though in her heart she is content that she is engaging in a haram relationship.

This is just one scenario. There can be many other when the children get involved as well. What mode of tarbiyah and education will be given to children. All in all, if the man and woman can traverse beyond these differences, then the marriage can be sustained, however, if the woman feels that she will not be able to retain herself in such a marriage, then I would strongly advise not to enter in such a marriage.

May Allah bring all that is good for both the families, Ameen

And Allah Ta’āla Knows Best

Mufti Faisal bin Abdul Hameed al-Mahmudi
www.fatwa.ca