The Ulama of Deoband on Adopting Opinion of Another Madhab

Mufti Sayyid Muhammad Salman Mansurpuri (may Allah preserve him), Deputy Mufti and Lecturer of Hadith at Jami’ah Qasimiyyah Shahi Muradabad has included this important article in the first volume of his recently published Fatawa, Kitab al-Nawazil (143-145/1). The general adherent to the Deobandi Maslak and students alike should read the following in order to gain a brief understanding of the methodology of the Illustrious Ulama of Deoband.

Mufti Salman Mansurpuri (may Allah preserve him) writes,

On the 24th and 25th of October 1994, Idarat al-Mabahith al-Fiqhiyyah Jami’at e Ulama e Hind held their 4th Fiqh seminar at Shaykh al-Hind hall, Deoband. The theme of the seminar was ‘Adopting the Opinion of Another Madhab’. After lengthy deliberation, they had come to a unanimous decision. The statement is as mentioned below;

“The vast majority of the Muslim Ummah agree upon the fact that it is obligatory upon every Muslim to follow the opinions of one specific Madhab from the four systematically organised Madhahib. This is paramount in order for the Ummah to maintain its unity. Today’s modernists [and Salafis/Halafis] hold the assumption that one may leave his Madhab and adopt what is easy from the opinions of various different jurists based on the presumption that all jurists are correct in their deductions. Furthermore, they claim that they should not be restricted to following just the one Imam. Similarly, they leave their Madhab due to the pettiest of excuses. These are both extremely dangerous preferences. The root of these preferences are ‘Ittiba’ e hawa’ (pursuit of carnal desires) and ‘Khud ra’i (the illusion of independence). The seriousness of this issue can be gauged by the fact that they are tantamount to taking one away from the commandments laid down by Shari’ah (divine law) and they will shake the foundations of one’s din. If these two illnesses receive further ammunition, they will cause severe disruptions to the Muslim Ummah. In order to clarify this matter, the Fuqaha (Jurists) have permitted the adopting of weak opinions (within one’s own Madhab) and opinions attributed to other Madhabs within a limited and specific capacity. Those who give Fatwa according to the above must possess the highest juristic capabilities. Within an individual capacity, such capabilities are unfounded in our era. Therefore, Idarat al-Mabahith al-Fiqhiyyah Jami’at e Ulama e Hind have presented the following unanimous decision;


1. In general circumstances, it is not permissible for one to leave their specific Madhab in order to adopt the opinion of another. However, in special cases limited permission is granted bearing in mind the following important conditions.

a) The opinion adopted in these special circumstances must conform to an opinion from the four systematically organised Madhahib.

b) The special case (necessity) must be due to an unbearable difficulty whether it is a general/specific difficulty or a difficulty pertaining to ‘Ibadat (worship) or Mu’amalat (transactions).

c) What constitutes a special case/necessity is determined by a group of Jurists who possess exceptional capabilities and foresight.

d) The opinion adopted must be adopted according to all the conditions presented by the specific Madhab.

e) The opinion adopted must not be an isolated opinion within the specific Madhab.

f) Haram Talfiq must not take place.


2. Similarly, in special cases, those jurists who have exceptional capabilities and foresight are permitted to give preference to a weak opinion within one’s Madhab.