Is it Fard (necessary) to follow a Madhab?
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The Islamic Fiqh passed several stages and phases, during which schools of thought arose at the beginning of the second Hajri Century. In that stage, many eminent Fuqahaa (pl. of Faqih: a scholar in Islamic jurisprudence) emerged and established schools of thought.
The most well-known of these Fuqahaa are the four schools of thought that were named after their founders. These schools produced an important positive effect on the development and progress of the Islamic Fiqh.
Many distinguished Fuqahaa followed these schools of thought. For sure, the four schools of thought do not constitute forms of partition or separation in Islam, nor a new legislation. They are, in fact, human approaches aim to understand Shari'a, manners of interpreting the Qur'an and Hadith, methods to deduce ruling from Shari'a sources: The Qur'an, Sunnah, consensus of Muslim scholars and juristic reasoning by analogy.
These schools of thought are:
1) al-Hanafiyah, named after Imam Abu Hanifa al-Nu'man (may Allah's Mercy be upon him) 80-150, A.H.
2) al-Malikiyah, named after Imam Malik Ibn Anas (may Allah's Mercy be upon him) 93-179, A.H.
3) al-Shafi'iyah, named after Imam Muhammad Ibn Idrees al-Shafi'e (may Allah's Mercy be upon
him) 150-204, A.H.
4) al-Hanbaliyah, named after Imam Ahmad Ibn Hanbal (may Allah's Mercy be upon him) 164-241, A.H.
As a rule, it is not obligatory for a Muslim to follow a specific school of those mentioned. But, a Muslim has to follow the Qur'an and Sunnah and has to follow the clear sound evidence. In other words, it is not allowed to neglect the evidence (i.e. from the Qur'an or sound Sunnah) and follow the saying of any Imam, even the Imams do not follow their opinions if there is another evidence. In addition, all justifications and reasons are refuted if there is evidence in the Qur'an or proved evidence in the Sunnah.
Allah knows best.
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From another Fatwa:
Islamic Fiqh passed through different stages one of which was the appearance of the schools of thought in the beginning of the second Hijrah year. In this era, the outstanding scholars like Abu Hanifa, Malik, Al-Shafii, Ahmad and others appeared, but the most famous ones are those mentioned above. They became well-known and other scholars joined their schools.
The schools of thought are not divisions of Islam, nor are they a new Islamic jurisprudence. But they are methodologies of understanding the Shariah and patterns of interpreting its texts and deducting rulings from its principles, which are the Book of Allah, the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam), the consensus of scholars and the analogy.
The difference of Fiqh among these schools is not the result of following one's desires or of being fanatic.
The reasons for the differences are various. A scholar may fail to find the evidence for a given Fiqh question, so he does his best to find a ruling to it, but is not successful (gives a wrong ruling). The Prophet (Sallallahu Alaihi wa Sallam) said: "If the ruler makes Ijtihad (does his best to find the appropriate ruling on a given matter on which there is no answer in the Book of Allah, the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and analogy) and makes a mistake, he gets one reward". On the other hands you may find another scholar whom the evidence from the Sunnah has reached concerning this particular matter and such evidence was not known to the first scholar. So this second scholar gives a ruling based on the evidence, and it will be in accordance with the truth (a correct ruling) different from the first scholar.
It might also be that the reason of the difference is the understanding of the meaning of the evidence, whether a verse or a Hadith. For instance, the scholars differed about their understanding of the word 'Quru' in the verse (Al-Baqarah 2:228) whether it means period of menses or purity since the both meanings are known in Arabic language.
There are other reasons of difference which were mentioned by Sheikh Al-Islam Ibn Taymiyah in his famous dissertation: 'Raf Al-Malam Ann Al-A'immati Al-A'laam.'
In addition to this, the four imams used to forbid their followers from imitating them in every matter, rather they used to order them to follow the evidence of the Book and the Sunnah. However, fanaticism and stagnation appeared among the people who came after them.
Moreover, these imams used to respect each other's opinion, following the guidance of the companions, may Allah be pleased with them.
In the battle of Khandakh, the Prophet (Sallallahu Alaihi wa Sallam) ordered the companions: "No one amongst you should pray Asr except in Bani Quraida". What he meant was that they should hasten and speed up to fight the Jews there.
The time of Asr was over while some of the companions were still on their way there. So they differed about whether they should pray Asr then as its time was over, or to delay it until they arrived at Bani Quraidah even though the time of Asr expired, as a sign of obedience to the Prophet (Sallallahu Alaihi wa Sallam). Some of them said that they had to pray Asr on time and the Prophet (Sallallahu Alaihi wa Sallam) did not want them to delay it but to speed up, and others said that they would not pray it until they arrived at Bani Quraidah even if they prayed it after its time expired. Despite this, the Prophet (Sallallahu Alaihi wa Sallam) did not rebuke any of them as each group of them acted according to what they understood him (Sallallahu Alaihi wa Sallam). They did not reprimand each other as well, but were as Allah described them: " Those who are with him [the Prophet (Sallallahu Alaihi wa Sallam)] are severe against disbelievers, and merciful among themselves." (Al-Fath 48:29)
The great scholars after the companions behaved likewise. Some of them are of the view that kissing one's wife and eating the meat of a camel invalidates Wudu, but some others are of the opinion that it does not invalidate Wudu. Despite this fact, they used to pray behind each other. They differed about other Fiqh matters, but we have not heard that they defamed or slandered each other, although each of them acted according to his own Ijtihad.
No one is required to abide by a given school of thought. But what one is required to abide by, is the Book of Allah and the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam). And when there is evidence, one has to follow it, and it is not permissible to abandon the evidence and follow the saying of anyone whoever he might be.
Al-Shafi, Rahimahu Allah, said: "There is a consensus of all the Muslims that whoever the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam) has reached, it is not permissible for him to leave it and follow the saying of any other person."
So, one should not leave the Book of Allah and the Sunnah of the Prophet (Sallallahu Alaihi wa Sallam) and follow a saying of any other person. And there is no excuse in the sight of Allah for anybody who follows a saying (of anybody) while knowing that the evidence is contrary to it. Anyway, the difference among the four imams in matters pertaining to Fiqh is not a division in religion.
http://www.islamweb.net/emainpage/index.php?page=showfatwa&lang=E&Id=84248&Option=FatwaId
http://www.islamweb.net/emainpage/index.php?page=showfatwa&lang=E&Id=88391&Option=FatwaId
Mon Sep 05, 2011 8:28 am