Method of issuing Fatwa
Fatwa No: 81816

  • Fatwa Date:29-2-2000 - Thul-Qi'dah 25, 1420
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Question

I 'm a student. Could you please tell me the way or the method you use to deliver the fatwa?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Dear Brother, the Fatwa is among the most important matters and it has a great status in religion. Allah Says (what means): {They ask your legal instruction concerning women, say: Allah instructs you about them.} [Quran 4:127] Allah also Says (what means): {They request from you a [legal] ruling. Say, “Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].} [Quran 4:176] Issuing Fatwa is a matter which the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) had undertaken during his life and this was part of his message. It is His Lord [Allah] who entrusted him to this effect. Allah Says (what means): {And We revealed to you the message [i.e. the Quran] that you may make clear to the people what was sent down to them and that they might give thought.} [Quran 16:44]

The Mufti (Muslim scholar who issues the Fatwa) is the representative of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) in fulfilling the mission of clarifying (and conveying) (we ask Allah to help us and forgive our mistakes). The Mufti signs on behalf of Allah. Ibn Al-Mutakarir  may  Allaah  have  mercy  upon  him said: “The scholar signs between Allah and His Servants so he should see how to get in between them.” As regards how Fataawa are issued in our site, the Fatwa is deduced from the Quran, the Sunnah, the consensus of the scholars and the analogy done by them [scholars]. If there is any disagreement on a given matter, we opt for the most preponderant view and the one that is backed by the strongest evidence. This means that we do not choose what we like and leave what we dislike. Imam An-Nawawi  may  Allaah  have  mercy  upon  him said: “The Mufti or the one who acts in regard to an issue on which there are two different opinions, should not opt for the opinion that he likes without scrutiny and careful consideration and evaluation; rather, he should choose the most preponderant among the two opinions.

There is no doubt that the Fatwa may differ from one Mufti to another according to the knowledge of each one of them. Also, the Mufti should not issue the easiest Fatwa issued by a given school of jurisprudence or follow the mistakes of some scholars. Some scholars, among whom are Abu Ishaq Al-Maroozi and Ibn Al-Qayyim  may  Allaah  have  mercy  upon  them considered whoever does this as a dissolute person. Hence, it is wrong for a scholar to tread this methodology [which is following the easiest Fataawa and the mistakes of the scholars] because the preponderant opinion of the Mufti should be what he thinks is the ruling of Allah. Therefore, leaving this ruling and taking some other ruling instead of it because of its easiness is despising the religion.

On the other hand, the person who asks or seeks the Fatwa should ask the person whom he trusts in regard to hi knowledge and piety, and if he gets two different answers, he does not have the choice between them; rather, he should choose what he believes to be the preponderant opinion according to the piety and knowledge of the Mufti. Ash-Shaatibi  may  Allaah  have  mercy  upon  him said: “A person does not choose because, in choosing, one drops the accountability in religion. If we opt to follow those who imitate the methodology of the scholars, there is nothing left for them except to follow their desires. This is because the truth –which is Allah’s ruling –in a given matter is one. This also applies to the Mufti, as it is not permissible for him to opt to one of the two different opinions without considering what is the preponderant opinion in the matter, and opting for the preponderant opinion should be as already discussed.

Nonetheless, some scholars are of the view that considering an opinion to be the most preponderant should be the one which one absolutely thinks to be the preponderant one.

Besides, the person who seeks the Fatwa should know that the Fatwa of a Mufti does not save him from Allahs’ punishment if he knows that the matter in reality is contrary to what the Mufti told him. Also, the ruling of the judge does not save him from that as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “If I issue a ruling in favor of a person according to his testimony [which he knows to be false] at the expense of a right that is due to his Muslim brother, then let him know that I give to him a piece of fire; so he should not take it.

In any case, there are differences of opinion in matters of Ijtihaad in Fiqh, but a person seeking a Fatwa should not believe that a Fatwa of a scholar make permissible for him what he asked for, whether or not he felt some discomfort in his heart because of him knowing the essence of the matter or that he doubts about it or ignores it, or that he knows that the Mufti does not know or knows that the Mufti issued a Fatwa to him in his favor, or that the Mufiti is known to be tricking and giving permissions [facilitating the matters] contrarily to the Sunnah or other reasons that prevent trusting his Fatwa and not feeling comfortable about it. So, the questioner should also fear Allah.

Finally, it should be noted that some of the differences of opinion in Fiqh matters are well-known and some of it are not. So, what is well-known could be acted upon by all the people and what is not should not be acted upon by anyone.
The Fatwa in this site is reviewed many times by many Muftis before it is published on site.

We ask Allah to help the Muslims in their worldly matters and their religion and we ask Him to have mercy upon us and forgive our mistakes.

Allah knows best.

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