The Practice of Changing Mazhab (School of Thought) and its Implication to A Marriage

Abstract

In Islam, marriage is the only true form of relationship between a man and a woman as it is the only established medium to create a family. Hence, Islam emphasizes on the importance of marriage and takes various legal measures to ensure its purity and propriety. When it comes to the issues pertaining to marriage, the most fundamental principle is that it is forbidden upon us to deal with the matters relating to marriage and divorce, until or unless there is an authority who permits us to do so. It is implicitly implied here that Islam takes very serious care of marital issues since they are very much concerned with many aspects of the Islamic teaching itself, as emphasized in many Quranic verses and hadiths. However, it cannot be denied that different interpretations and opinions among the religious scholars on these marital issues do exist and cannot be avoided. The purpose of this study is to highlight the extent to which we can contemplate and negotiate with different views of matters pertaining to marital issues such as marital guardianship, dowry and witnesses in a divorce. The practice of changing mazhab (school of thought) in these matters is permissible, yet subject to several rules and regulations.