This is a matter of taqlid and talfiq. This discussion has been
discussed in detail and is basically in the science of Usul Fiqh. This science
is very important for those who really understand the basics of Islamic law.
Taqlid is in the opinion of a mujtahid without knowing the source and
the way it is taken. As one considers Imam Shafi'i without knowing his argument
or argument. This person is called muqallid.
The amaliyah laws can be divided into two:
1. Laws that can be known without the need for research and ijtihad.
That is the law that has been established by the evidence of qath'i and which
can be known immediately. He is called 'al-ma'lum minad din bid-dharurah'.
Examples are the law of the obligations of the five-time prayer, the fasting
obligations of Ramadan, the number of rak'ahs in the prayers etc. This is all
known to all Muslims. Knowledge of the law does not require the study of its
arguments. In this case, one is not allowed to tackle, because everyone can know
it.
2. Laws that require research and ijtihad. Problems under this
category are so numerous. Like the problem we have discussed earlier about the
law touching ajnabi women, what is abolition? This is a problem that falls into
this category. Because, this problem is indeed a proof of the Qur'an. But its
arguments need to be scrutinized first to know - What law can be issued from
him. In this research and study, there must be disagreement. The sects and the
differences of opinion among the scholars are in this kind of problem.
The person trying to examine the arguments, then issuing the law from
the proposition is called the mujtahid. Among them are Imam Shafi'i, Imam
Malik, Imam Hanbali and others. While those who follow him or use the law
issued by the mujtahid are called a tacit. The act according to the law is
called taclid. In this problem it is allowed to tackle.
Most Ulema Usul (Usul Fiqh) says that those who are not capable of
ijtihad must follow and take opinions or fatwa from mujtahids (people who are capable
of ijtihad).
Tackle the schools
Famous schools that exist today are Shafi'i, Maliki, Hanafi and
Hanbali schools. We in Malaysia are average in tune with Shafi'i school. Can we
switch to another school? Yes. Because, what is the difference between Shafi'i
and the other sects above? If we can stand up to the Syafi'i sect, this means
that we can be in tune with other sects.
According to Al-Amidi, Ibn al-Najib and Kamal al-Hummam, it is not
obligatory to tackle a certain mujtahid (sect). In one problem, they can
practice this sect, then in other problems they practice with other sects.
Based on this opinion, if we are in line with the Shafi'i sect in a
matter of course, it is not necessarily that we must tackle this sect in all
matters. Allowed to practice opinion from other sects.
Banned idiots
1.Bertaklid to someone without ignoring the Qur'an and the Sunnah.
2.Bertaklid to someone who does not know the ability to testify.
Talfiq
It is the opinion of one priest in a matter of matter, then to the
other priest in another matter. For example, taking the wudu follow the Hanafi
way and praying through the Shafi'i way. Or, today, she is praying to share
Shafi'i's opinion by reading Bismillah, tomorrow she prayed to Hanafi by not
reading bismillah. This is what is said as talfiq.
Talfiq distribution:
1. Take the lightest opinion among the sects in a number of different
problems. For example, abstaining from Hanafi and praying for Maliki. What's
the law? According to these ulama, talfiq in this way is justified, as he
practiced different opinions in two different problems with ablution and
prayer. Talfiq is thus permissible in the field of worship and muamalat as the
burden and mercy of Allah Taala on the people of Muhammad. It is also
permissible to take the lightest opinions between the sects in a matter. It is
practiced at different times that are not dependent on one another. For
example, Ali abides by the conditions set by Shafi'i. At other times he was
ablaze according to the conditions set by Hanafi.
Talfiq like this is permissible because the first ablution which under
the terms of Shafi'i has been completed and used for one worship until the
completion. Then ablution both according to Hanafi is also completed and used
for a certain purpose until finished. Obviously it was done, though the problem
was the same but in different events.
2. Take the lightest views of the sects in a matter. Talfiq does not
allow this. For example, Ali is married to no guardian for Hanafi. Besides
that, in the meantime he did not wear 2 witnesses because according to Maliki's
opinion. Marriage like this is null / invalid.
Ittiba '
It accepts the opinions of others by knowing the source or argument.
Ittiba 'is the best way to accept and practice the opinions of the mujtahid.