Q366 :My friend’s sister was divorced two years ago
by her husband and received everything that was due to her. Two years
later, she was reunited with her former husband in marriage, but
without marrying another man in between divorce and remarriage. This is
contrary to the teachings of Hanafi school of thought. How far is it
important to restrict oneself to the teachings of a particular school
of thought?
A366 : It is by no means obligatory to follow
strictly one school of thought in every ruling it makes. It is true
that some students of Islamic scholarship may say that one should
adhere to one school of thought, but that is neither possible nor
practical. Within the same school of thought, you have different
opinions. It is well know that Imam Al Shaf’ie himself changed many of
his rulings after he settled in Egypt during the last five years of his
life. Similarly, Imam Ahmed ibn Hanbal, is quite often quoted to have
expressed two views on the same question. Sometimes, one of the pillars
among the scholars in a particular school of thought may differ with
its founder on a specific issue. Thus you may find Imam Abu Youssuf or
Mohammed ibn Al-Hassan differing with Imam Abu Hanifah on a particular
issue. Such differences are a mark of the strength of Islamic
scholarship and its solid foundation. Rigidity means weakness,,while
flexibility and progress indicate strength. Islamic scholarship has
produced over the centuries a long line of great scholars, each of whom
may be considered on the same level with the founders of the four major
schools of thought. No one suggests that their opinions and
scholarships should be ignored. Moreover, it is often noted that the
particular circumstances of a certain question make the verdict given
by a particular school of though more appropriate, although the persons
involved in that question belong to a different school. Furthermore,
how does a person who has little knowledge of Islamic teachings choose
his school of thought? Is it not true that most of us say that they
follow the Hanafi school of thought simply because it is the
predominant one in their country of residence, or because they have
heard from their parents that they belong to that school? Is this a
reason to prevent them from seeking advice by other scholars? Certainly
not. As far as the practical aspect of following a single school of
thought, this is impossible in most cases. I should say that it may be
possible in a country where the overwhelming majority of scholars
belong to a single school of thought, but nowadays when people have the
means to go to different scholars, it is not that easy. You can netpare
seeing the opinion of a scholar to that of consulting a doctor. When
you have a patient in the family, you try to take him to a specialist
in the particular area of his netplaint. You go to the doctor and show
him the patient and seek his advice. When he has written you a
prescription, you do not ask him at which university he has learned his
profession and in which book he has read that this particular medicine
is good for this particular condition and so on. When you go to a
scholar to seek his opinion, or when you write to the religious editor
of Arab News, you do not start by asking him to which school of thought
he belongs. You simple state the case and seek advice. On the
particular question you have asked, there is a simple answer. I guess
from the way you phrased your question that the woman’s husband
pronounced the word of divorce “I divorce you”, three times in
succession. He may have done this because he has learned, (from hearsay
I should say), that this is the proper way to divorce one’s wife. Let
me say it clearly that this is the improper way. It is indeed forbidden
to repeat the words of divorce three times in succession. Once only is
the correct way. These three times are considered by substantial
number of scholars as one time divorce. Therefore, the divorce is
revokable and a remarriage between the man and his former wife is
possible without the intervention of another marriage. Let me say
clearly that to make special arrangements with another man to marry a
woman who has been divorced three times, just for one night, or one
week or indeed for any length of time, in order to make it possible for
her to return to her husband is absolutely forbidden. Furthermore, it
does not make her lawful to be reunited in marriage with her former
husband. However, such intervention was not made in the case of this
woman. Therefore, her reunion with her former husband is acceptable.
Let them be careful that should a divorce take place in the family
again, the word of divorce must be said once only.
Our Dialogue ( Source : Arab News – Jeddah )