Issuing Fatwas: Necessity and Regulations (*)

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

My discussion in this gathering is about fatwa (Islamic rulings), and there is no need to repeat to my fellow scholars what is already known to them on this matter. However, it would be beneficial to highlight some key points that serve as a foundation for addressing new developments in this field.

Firstly:

A person is religiously obligated to ensure that all their actions align with the Sharia of Allah in every small and large matter—whether concerning personal conduct, interactions with individuals and groups, or acts of worship toward Allah.

This means that the scope of Fatwa is vast, encompassing the full range of human actions and situations they encounter. Attempting to confine religion solely to one's relationship with Allah is an unsound approach, rejected by both Muslim scholars and the public. This is because they read in the Book of Allah guidance that addresses all aspects of life.

Secondly:

A fatwa is the clarification of the Sharia ruling in a given situation, and a Sharia ruling is The Judgment of Allah, The Exalted. No one besides Allah, The Almighty has the authority to legislate for people except within the limits of the authority granted by Him. As Allah Says (What means): "The judgment is none but for Allah." [Yusuf/40].

Based on this, when a Mufti says: "This is obligatory," he is essentially saying, "Allah, The Exalted, Made this obligatory" Moreover, when he says: "This is forbidden," he is, in reality, stating: "Allah, The Exalted, Made this prohibited." The same applies to the rest of the legal rulings (Ahkam Taklifiyyah)—such as disliked (Makruh), recommended (Sunna), and permissible (Mubah)—as well as the situational rulings (Ahkam Wad’iyyah)—such as conditions (Shart), preventions (Mani’), validity (Sihhah), and invalidation (Butlan), etc.

From this reality, Ibn Al-Qayyim (may Allah have mercy on him) named his famous book: "I'lam Al-Muwaqqi'in ‘An Rabb Al-‘Alamin" ("Informing the Signatories on Behalf of the Lord of the Worlds"). By "signatories," he refers to Muftis—because when they issue a Fatwa, they are essentially signing on behalf of Allah, The Almighty. The term "signing" (At-Tawqi')" refers to what is written on the paper containing the question—what is commonly referred to today as "annotations" or "remarks" (Mashruhat).

This is a grave matter because if a mufti issues a ruling without a valid, recognized Sharia-based evidence, then he falls under the warning in The Words of Allah, The Almighty (What means): "And on the Day of Judgment, you will see those who lied against Allah— their faces will be blackened." [Az-Zumar/60].

For this reason, the companions (may Allah be pleased with them) would avoid issuing Fatwas, each hoping that his brother would take on the responsibility instead. However, those who did not grasp this reality and saw Fatwa-giving as a worldly position to gain fame and recognition rushed into it recklessly, issuing rulings without evidence to please the people. This is one of the signs of the Hour foretold by the Prophet) PBUH), who said: "Allah does not take away the knowledge, by taking it away from (the hearts of) the people, but takes it away by the death of the religious learned men till when none of the (religious learned men) remains, people will take as their leaders ignorant persons who when consulted will give their verdict without knowledge. So they will go astray and will lead the people astray." [Al-Bukhari]. On the Day of Judgment, such people will be confronted with Allah’s Words (What means): "Do you say about Allah that which you do not know?" [Al-A‘raf/28].

You will find that some people fail to distinguish between the position of issuing Fatwas and the position of Prophethood. They become irritated when a Faqih (jurist) asks them for evidence, forgetting that the only one who is not asked for proof is the Messenger of Allah [PBUH], because Allah Himself Testified on his behalf, Saying (What means): "Nor does he speak from [his own] inclination. It is but a revelation revealed." [An-Najm/3-4].

In contrast, the mufti who knows his limits and follows the evidence is a true inheritor of the Prophet (PBUH) and a conveyor of Allah's message. The Messenger of Allah (PBUH) said: "When Allah wills good for a person, He causes him to understand the religion." [Al-Bukhari]. In addition, honoring him is an act of reverence to Allah, as the Messenger (PBUH) said: "Glorifying Allah involves showing honour to a grey-haired Muslim and to one who can expound the Qur'an, but not to one who acts extravagantly regarding it, or turns away from it, and showing honour to a just ruler." [Abu Dawood].

Moreover, praise be to Allah, among the Muslims, there are still those who are true scholars in every sense of the word. They combine knowledge of the religion with a deep fear of the Lord of the Worlds. They are the remaining ones whom the Messenger of Allah) PBUH) promised would remain until the Day of Judgment.

Thirdly:

The components of fatwa are the same as those of Ijtihad. It has become common among some that the door of Ijtihad is closed among Ahl Al-Sunnah, while it remains open among others.

It should be clarified to the people that Ijtihad has degrees, the highest of which is absolute Ijtihad. This means that the Mujtahid independently derives the principles of the science of Usul (jurisprudence) and builds upon them the rulings of the branches, independently understanding the rulings of jurisprudential issues from their original sources that have been established for him. Since the jurisprudential sources – agreed upon by Ahl Al-Sunnah (the Holy Qur'an, the Prophetic Sunna, scholars’ consensus, and analogy) – are recognized, certain conditions have been stipulated for this:

A- Complete knowledge of the Qur'an: both in terms of reading and interpretation, and everything related to the correct understanding of the meanings of the noble Book.

B- Complete knowledge of the Sunna: both in terms of narration and understanding, and everything that is necessary for knowing what has been authentically reported from the Prophet Muhammad (peace be upon him), as well as understanding its intended meaning.

C- Knowledge of the issues of consensus (Ijma') to avoid opposing the consensus of the Muslim scholars.

D- Knowledge of analogy (Qiyas), its methods, and its principles.

E- Knowledge of the Arabic language in a way that enables the scholar to derive rulings from the texts.

F- This is alongside justice and piety.

Next to this level is the level of a "Mujtahid of a Madhhab," who investigates the rulings of issues according to the principles of a specific Madhhab (school of thought) that they deem stronger than others. This level also requires knowledge of the fundamental principles of the chosen Madhhab, familiarity with its proofs from the Qur'an, Sunna, and other sources, as well as knowledge of the Arabic language that enables understanding the meaning of the texts of the Qur'an and Sunna, alongside piety and uprightness.

The jurist who exerts effort in ruling on an issue or issues looks at what the scholars have said about the issue, the evidence of each of them, and then makes a judgment - according to their knowledge - between the opinions.

Those who said that its door is closed refer to absolute Ijtihad, meaning there is no further than what the jurists have said in the science of Usul (principles of jurisprudence). They have paved its paths and clarified the landmarks of Ijtihad. What the researcher has to do is benefit from the fruits of their efforts, as well as the detailed evidences for the issues, which have been studied, gathered, organized, and discussed. The researcher only needs to look into them.

Moreover, those who came after the four Imams (Abu Hanifa, Malik, Shafi’i, and Ahmad) have not met the conditions required for absolute Ijtihad, may Allah have mercy on them. They said that the Mahdi will be an absolute Mujtahid.

As for Ijtihad in issues according to the established principles, its door has not been closed, as evidenced by the fact that scholars continue to give fatwas on new issues to this day. However, it is essential for anyone who takes on the role of issuing fatwas to have knowledge, at the very least, to be certain of one of the schools of thought of Ahl Al-Sunnah.

The Messenger of Allah, peace be upon him, warned against the Fatwa of the ignorant. Some have been deceived by the Hadith: "When a judge makes an effort to judge and gets it right, he will receive two rewards; and when he makes an effort and errs, he will receive one reward," [Agreed upon]. They mistakenly believe that Ijtihad is merely thinking, even without meeting the conditions for Ijtihad. They forget that this Hadith applies to the ones qualified for Ijtihad. As for those who are not qualified, they are sinful in their judgment, even if it happens to align with the truth. This is supported by the saying of the Prophet (PBUH): "When a judge gives a ruling, having tried his best to decide correctly, and is right (in his decision), he will have a double reward; and when he gives a ruling having tried his best to decide correctly, and is wrong (in his decision), he will have a single reward." [Abu Dawood].

And those who are not from Ahl Al-Sunnah, who called for the continuation of Ijtihad among them, have not added anything beyond what the Ahl Al-Sunnah have done. Therefore, it is necessary to be firm in rejecting the Fatwa of the ignorant, and it is required to show respect for the righteous scholars. It is not permissible to be humble in a way that encourages the ignorant to issue Fatwas in religion. Some of them have not even read a complete book of Fiqh from a recognized scholar, nor do they master the recitation of the Qur'an, let alone fulfill the other conditions required for issuing Fatwas.

Fourthly:

Since Ijtihad is the exertion of effort to determine the ruling of Allah The Almighty in a given matter, Allah has provided evidence that guides towards His ruling. These evidences are given priority one over another, as is known to the scholars of Usul (jurisprudence). This leads to an important point in the matter of issuing fatwas, which is that no Ijtihadi (The one who observe Ijtihad) ruling should be accepted unless it is supported by a valid evidence according to the scholars of Fiqh. As for what some may say based on personal preference or in consideration of public interest, when there is an existing valid evidence that contradicts it, such a ruling is to be rejected.

The reason for this observation is what we see from some individuals trying to please people at the expense of Islamic rulings and the correct methodology in deriving them, under the pretext of making things easier for people, bringing them closer to Islam, and promoting Islam among them. We have heard fatwas that contradict the explicit text of the Qur'an under the banner of facilitation and harmony.

Furthermore, appeasing fatwas cause the religion to lose its reverence in the hearts of people, making them feel that religion is merely the opinions of individuals in a specific time, and what may have been suitable for one era may not be suitable for another. This weakens the religious conscience in people's hearts. Allah The Almighty Says (What means): "And whoever does not rule by what Allah has revealed—those are the disbelievers." [Al-Ma'idah/44]. The disbelief of Iblis was due to his rejection of one of Allah's Rulings—despite his belief in the existence of Allah, His angels, and the Day of Judgment—he did not accept The Sovereignty of Allah.

Fifthly:

It is well known that anyone who possesses the qualities of Ijtihad has the right to make Ijtihad. This means that in some issues, there may be more than one opinion. This is the reality of Islamic jurisprudence, where the Sunni schools of thought agree on many fundamental scientific issues, but differ on others. Most of the disagreements are related to secondary theoretical matters.

Here, the following should be taken into consideration:

A - Focus on what we agree on in the fields of education and Da'wah, so that Muslims feel they are one united Ummah, and limit the disagreements to a narrow scope between the specialists.

B - Look at disagreements with respect, if they are based on valid evidence according to Islamic law.

C - Do not criticize the scholars issuing fatwas if the fatwa is in line with the opinion of one of the Sunni schools of thought or has a valid legal basis. It is acceptable to reject a fatwa if the one opposing it deems it unacceptable, while maintaining respect for the scholar who issued the fatwa.

Sixthly:

Issuing a ruling on any matter requires two things:

1. Understanding the true nature of the issue, as it is said: "Ruling on something is a branch of understanding it."

2. Knowing the relevant evidence and texts related to the issue.

In addition, our brothers know that understanding the true nature of some issues requires precise knowledge in fields such as medicine, astronomy, chemistry, politics, or economics, etc. The era of encyclopedic scholars has passed due to the vast expansion of sciences. It has become established in both thought and reality that specialization within a single field is necessary, such as in medicine.

In this regard, I call for what is known as collective Ijtihad, meaning that we should refer to specialists—who are trustworthy and just—when seeking a precise understanding of reality in a given subject. We should base our rulings on their findings in issues such as abortion, cloning, crescent moon sighting, the composition of certain medicines, and dealings with nations and resources. A general perspective and superficial knowledge are not sufficient to issue rulings on specific matters.

The need for collective Ijtihad also arises in the examination of religious evidence. Understanding the various recitations of the Qur’an and their meanings requires specialization, and the same applies to assessing the chains of narration (Isnad). Today, education in Islamic institutes is based on specialization, with studies focusing deeply on certain Islamic sciences while only providing a superficial overview of others.

A Mufti must be well versed in both Islamic sciences and auxiliary sciences. Therefore, in determining the authenticity of hadith, he should refer to specialists in the field. The early jurists relied on the authentication of Hadith scholars when citing Hadith as evidence. Combining expertise in both hadith and Fiqh (jurisprudence) is a rare achievement, and it was said in the past: "Do you wish to master both Fiqh and Hadith? Impossible! That was only achieved by Malik." We also know how scholars scrutinized Imam Malik’s Muwatta’. Thus, claiming comprehensive mastery of all Islamic sciences is questionable. The focus here is on issuing fatwas (Islamic rulings) on specific matters, not absolute Ijtihad. We have seen individuals issuing fatwas and claiming Ijtihad while lacking proficiency in Arabic grammar, Usul Al-Fiqh (principles of jurisprudence), or the ability to distinguish between authentic and weak hadiths, let alone having any knowledge of the natural sciences. Collective Ijtihad requires a trustworthy authority to coordinate efforts and ensure the integrity of the process.

Seventhly:

A Mujtahid (A jurist qualified for independent reasoning) is a product of his time and is inevitably influenced by it. However, the pure environment in which the early scholars exercised Ijtihad has changed. A mufti must not allow the surrounding atmosphere to influence his fatwa, as the criterion is the Shar‘i (Islamic) evidence, not personal inclination. The basis for Ijtihad is the Qur'an, Sunna, or what is derived from them, while personal inclination is mere desire (Hawa). Allah The Almighty Says (What means): "And who is more astray than one who follows his desire without guidance from Allah?" [Al-Qasas/50].

Allah Has repeatedly Warned against following one's whims. A vast difference between someone who commits a prohibited act while acknowledging its prohibition and someone legalizes the prohibited and disregards divine evidence.

A Mujtahid must be cautious of the influence of a corrupt society, regardless of what is said about him. Prophets Zakariya and Yahya (peace be upon them) were killed because of their religious verdicts, yet they did not alter the law of Allah. Today, we witness individuals altering Islamic teachings without any coercion.

Eighthly:

Those who undertake the responsibility of Ijtihad are the Muftis—both official and unofficial. We ask Allah to assist and guide them. I would like to draw attention to the following points:

The actions of a mufti, in the eyes of the people, are seen as fatwa (Islamic rulings). Therefore, a jurist must not engage in anything that contradicts religion and must dispel any doubts regarding his words and actions. We all remember the saying of the Prophet (PBUH) when two companions saw him walking at night with his wife, Safiyyah Bint Huyay. He told them: "Slow down! She is Safiyyah Bint Huyay." They said: "Glory be to Allah, O Messenger of Allah!" He replied: "Indeed, Satan runs through the veins of a person like blood, and I feared that he might cast an evil thought into your hearts. [Agreed upon].

A jurist should respect his field and himself by not issuing Fatwas that serve as mere validations of others’ premeditated actions. Some people act upon their desires and then seek a Fatwa to justify them.

A jurist must be deeply aware of his time, place, and the people of his era, so that he is not exploited for purposes contrary to the religion. May Allah have mercy on Imam Ali, who wisely stated: "Not everything that is known should be said, not everything that is said should be said in the presence of all people, and not everything for which people are present is suitable for its time."

 

(*) This was a speech delivered at an academic meeting in the Ministry of Awqaf, Islamic Affairs, and Holy Sites (with modifications).