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Fatwa CenterFollowing a different Mathhab in certain issues
Question
Asa-almulaykum I am a muslim & I follow the Shafi madhab. However, is it permissible to use another madhab for certain things? e.g. Imam Shafi says that my wudhu (as a female) is invalid when a man touches me (even if it my husband by accident). Whereas Imaam Hanafi, says that if the touch was not intentional (or any sexual desire behind it) then wudhu is still valid. Whenever I make wudhu, by husband accidently touches me. Thus, is it permissible for me to say my niyyah for wudhu & say I am following the hanafi madhab? Nawaytu fardal wudhuhi, “following hanafi madhab, lillayhi-ta-allah, for the sake of Allah? Please advice Wa-alykum asalaam
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If you have the competence to weigh the opinions of the scholars and judge which opinion is more correct, then if you consider that the other opinion which you wish to act in accordance with is the one which has stronger supporting evidence, then it is permissible for you to act upon it; rather, it may be incumbent on you to do so.
However, if you do not have this competence, and you follow the Shaafi‘i Mathhab, then the scholars differed in opinion about whether or not someone who follows a given Mathhab is allowed to opt for an opinion other than the one of his Mathhab. Imaam Ash-Shawkaani said in Irshaad Al-Fuhool: “If a lay person abides by a given Mathhab, then there is a difference of opinion in this regard, that is, in the issue of whether or not he is allowed to oppose his Imaam in some issues and act according to the view of another Mathhab. It was said:
1- He is not allowed
2- He is allowed
3- If he has already followed the opinion of a certain Mathhab in this particular matter, then he is not allowed to follow another Mathhab in it; otherwise, he is allowed
4- He is allowed provided he feels content with it and does not intend abuse, and provided that it does not contradict a ruling that has been issued against him; this is the view chosen by Ibn Daqeeq Al-‘Eed.” [End of quote]
The latter view is perhaps the one that is most correct; so it is permissible for you to act according to the opinion of another Mathhab if you do not intend abuse, especially if you find hardship in acting in accordance with the opinion of the Shaafi‘i Mathhab on the Wudhoo’ being invalidated by the husband's touch, even without lust, because the Sharee‘ah is based on facilitation for people and removing hardship from them.
For more benefit, please refer to Fatwa 86931.
Finally, we would like to draw your attention to the following:
1- The Hanafis are of the opinion that the Wudhoo’ is not invalidated by touching a woman whether with or without lust.
2- It is not permissible to say the intention while performing Wudhoo’, or to say, "this is according to the Hanafi Mathhab", or anything like that, as the place of intention is the heart and not the tongue. For more benefit, please refer to Fatwa 116266.
Allaah Knows best.
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