Is it possible to change (legal talfiq) my legal school (madhab) for my wedding?
Praise be to Allah عزّ وجلّ, peace and blessings be upon our Prophet Mohammed صلَّى الله عليه وسل
In principle, each Muslim country falls under a specific legal school (Hanafi, Maliki, Shafi’i and Hanbali).
Muslims from Muslim countries thus naturally follow that country’s particular legal school (madhab).
Outside of Muslim countries, you may follow the school of your country of origin, your parents’ school, the one to which the local community belongs, or even the one that is simplest to follow due to the presence of Muslims from this school nearby.
| Can I choose a legal school that is different from the one I had originally? |
The answer is “yes,” under certain conditions.
The option of combining and mixing certain aspects of Sunni legal schools is called talfiq.
Islam is a religion that seeks ease and flexibility, not discomfort or rigidity and therefore allows talfiq, which is the mixing of legal schools under certain conditions, which are intended to prevent laxity and simply doing what is easiest.
However, the only form of talfiq that is allowed by a majority of experts in Fiqh is one that mixes actions that are not directly connected to one another.
Thus, it is possible and legal to fast according to the Shafi’i school and pray according to the Hanafi school, if the person who acts in this way has serious reasons for doing so.
However, it is simpler and more consistent to follow a school in its entirety.
| It is strictly forbidden to mix a single action from two schools which would make the action invalid within both schools. |
For example, mixing different traditions in the same prayer is forbidden.
However, ulama emphasize that a Muslim’s legal talfiq should not be done needlessly just to find an easier way to practice their religion. It must not be taken lightly.
If that was the case, the believer would transform his desires into religious acts, which is forbidden by this verse of the Quran
‘’Have you considered him who has taken his desire for his god? God has knowingly led him astray, and has sealed his hearing and his heart, and has placed a veil over his vision. Who will guide him after God? Will you not reflect?‘’(Quran 45:23)
Thus, with regard to the choice of marriage contract, Muslims can fully follow the teachings of one school and choose to make their marriage contract in another Sunni legal school.
The reason for the choice must be serious, necessary and reasonable, not a matter of seeking an easier solution for the Muslim who makes it.
And Allah عزّ وجلّ knows best
