Wants to propose marriage to a girl who follows the Deobandi Hanafi School
Fatwa No: 135327

  • Fatwa Date:9-5-2010 - Jumaadaa Al-Oula 26, 1431
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Question

Assalam o Alaikum I am a salafi and ask and trust the fatawas for any issue from the following website http://www.alifta.net/ from Saudi Arabia. I am going to marry a girl from Pakistan that belongs to hanafi deobandi maslak. Today's Hanafi deobandi ulama are misguided and do a major haram thing by giving fatwas only on sayings of their imam. and in hundreds of cases, the saying of imam is exactly opposite to a sahih and sareeh hadith of Prophet of Allah. for example, validity of nikah without wali, wines made of fruits other than dates and grape, nikah tehleel etc. Allah terms this behaviour as shirk done by christians who made their priests as their Rub (God). There are several books written on differences of hanafi fiqa and sahih hadith. Further, they follow Maatreedi madhhab in aqeedah which is a misguided kalaami group named after Abu Mansoor al-Maatreedi. you may see details here. http://www.islamqa.com/ar/ref/22473/deoband I have put a condition before nikah that she has to leave the hanafi deobandi maslak for ever and only follow salafi ulamas in masail and beliefs. This condition will also be written in contract of nikah and binding on her. Please rule if doing nikah on such condition is legal in Islam.

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

We have already issued Fatwa 90904 clarifying the reality of the Deobandi sect and identifying the deviations on which its methodology and practice are based, so please refer to it.

Indeed, a man who wants to marry a woman should be concerned about her religion as Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "A woman is married for four things: for her wealth, her family lineage, her beauty and her religion. So choose the religious one, you will prosper." [Al-Bukhari and Muslim] No doubt, the foundation of religion is to have a sound belief.

It is most likely that the general common Muslims do not know about the details of the beliefs of such sects. It might be that if they find someone who clarifies the truth to them in a soft and gentle manner, they will act according to his advice. Therefore, this girl should be taught and the deviations upon which this sect is based should be clarified to her. Then if she is accepts the truth and follows it, you should take the initiative to marry her.

However, if she sticks to the belief of this sect, then we advise you not to marry her; rather, if she practices some innovations that take a person out of the fold of Islam, like supplicating to the Awliyaa’ (the pious people) and seeking their help and the like, then it is not permissible for you to marry her.

For more benefit on the ruling of marrying an innovator, please refer to Fataawa 87880.

On the other hand, it should be noted that the layman has no particular Madhhab; rather, his Madhhab is the Madhhab of whoever gives him Fatwa among those whom he trusts their religiosity and knowledge.

But if, if a person is a seeker of religious knowledge, and he has the ability to study the evidence, then he should follow the evidence, and it is not permissible for him to be fanatical to his Madhhab. However, if we presume that he is fanatical to one particular Imaam, like Imaam Abu Haneefah  may  Allaah  have  mercy  upon  him then he is following a considerable Madhhab among the four Schools of jurisprudence, and it is not permissible to condemn him in the way that you mentioned.

Finally, it is strange that you focused on this girl being fanatical to the Hanafi Madhhab regarding the branches of Fiqh but you did not mention her misguidance regarding ‘Aqeedah and you just pointed to it, and there is no doubt that this is more serious than being fanatical to a Fiqh Madhhab. For more benefit, please refer to Fataawa 87424, 89353 and 86931.

Allaah Knows best.

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