Can we follow a weak opinion in a Madhab [of fiqh]

Fatwa # 17292 from South Africa on the official website www.askimam.org

This was the question:
What are the ruling on following minority opinion (i.e. non-mashhur) in the hanafi school? Can I follow them whenever I want, or only in case of need or hardship, as in the case of following opinion from other madhhahib?

And, can I follow minority opinion from another madhhab in case of need or extreme hardship?

This is the transcript for the reply:

It is impermissible to follow the non- mashuur (minority opinion) in the Hanafi Mazhhab. Similarly, it will be impermissible to follow the minority opinion from another Mazhhab. Such doings go against the consensus of the scholars. Ibn Qatlubughaa (Rahimahullah) has recorded in the introduction of his book Al-Tasheeh Wa al-Tarjeeh :

واما الحكم او الفتيا بما هو مرجوح فخلاف الاجماع

And as for passing a ruling or verdict on a non-preferred view is against the consensus of the scholars (pg 130, Ilmiyya)

Ibn Abideen (Rahimahullah) has stated in Sharh Uquud Rasm Al-Mufti:

وكلام القرافي دال علي ان المجتهد والمقلد لايحل لهما الحكم والافتاء بغير الراجح لانه اتباع للهوى وهو حرام اجماعا

And the statement of (Allamah) Qarafi indicates that it is impermissible for a Mujtahid and a Muqallid (one following a mazhhab) to pass a ruling on a non-preferred view, as this is following of desires and it is Haram (prohibited) by the consensus of the scholars (Risalah no. 2, pg 10)

In an event of extreme difficulty and need, you cannot choose the minority opinion of the Hanafi Mazhhab nor any other Mazhhab. This is the responsibility of the Muftis and in such instances; you may present your case to a competent Mufti for a ruling.

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