Definition of Fatwa:
A fatwa is a clarification of a legal ruling based on evidence for those who inquire about events or matters they encounter or about aspects of Islamic law that are unclear to them.
Requirements for Issuing a Fatwa:
The mufti (the one issuing the fatwa) should follow a specific methodology in issuing fatwas based on the hierarchy of Islamic evidence. When asked about an issue, they should first seek the ruling in the Quran. If it is not found there, they should then look to the Sunnah. If it is not found in the Sunnah, they should resort to analogical reasoning (qiyas) to derive a ruling that their heart is content with, ensuring that this ruling does not contradict consensus (ijma).
Regarding disputed evidences such as istihsan (juridical preference) and the laws of previous nations (Shari’ah of those before us), if the mufti’s reasoning leads them to the correctness of any of these, they may issue a fatwa based on it. If there is a conflict between evidences, they must issue a fatwa based on the stronger evidence. They should not issue a fatwa based on the view of any particular scholar’s school unless their reasoning leads them to believe it is the truth, nor should they issue a fatwa based on what they deem weaker.
The fatwa should meet the following conditions:
- The language of the fatwa should be precise and well-articulated.
- The fatwa should not be vague or ambiguous (with multiple possible interpretations).
- The fatwa should not assert it is the judgment of Allah, except with a definitive text; this should be avoided in matters of personal reasoning (ijtihad). Scholars have supported this with the saying of the Prophet Muhammad (peace be upon him): “When you lay siege to a fortress and the people want you to judge according to the judgment of Allah, do not judge according to the judgment of Allah but judge according to your own judgment, for you do not know whether you will reach the judgment of Allah or not.” [Narrated by Muslim].
- The fatwa should be concise, clear, and cover all that the inquirer needs.
How to Issue a Fatwa:
The methodology for issuing a fatwa involves the approach the mufti must follow to ensure the fatwa is correct.
Receiving the Question:
A fatwa is a response to a question, so the question must be presented by the inquirer and received by the mufti. The mufti should listen and focus carefully, as these are essential for accurately understanding the question.
Understanding the Question:
If the inquirer speaks a different language and the mufti does not understand it, a translation by a trustworthy person suffices, as it is considered reliable information.
Avoiding Factors that Impair Understanding:
The mufti must be cautious of factors that may impair understanding, such as ambiguous language or other issues discussed by legal theorists, to ensure they fully grasp the question. The mufti should ask the inquirer about any unclear aspects mentioned and about any relevant facts that were not mentioned.
Factors that impair understanding include:
- Language barrier from either party.
- Failure to listen attentively.
- Lack of detailed inquiry.
- Ignorance of customary practices.
- Misinterpretation by the inquirer, whether intentional or accidental.
Clarification from the Inquirer:
Since it is essential for the mufti to be cautious of factors that may impair understanding, it is advisable for them to seek clarification from the inquirer about everything necessary to know.
Benefits of Seeking Clarification:
Seeking clarification encourages the inquirer to present the situation in full detail, as the mufti needs to be aware of all essential elements. The inquirer might be well-intentioned but omit some details, thinking they are not crucial for the mufti to know. Conversely, the inquirer might have ill intentions and hide important details. In either case, seeking further information helps uncover the complete truth by reminding the inquirer if they have forgotten, alerting them if they are neglectful, and pressing them if they are being deceitful.
Etiquette of Seeking Clarification:
If the inquirer is slow to understand, the mufti should be patient and gentle with them, taking care to thoroughly understand their situation and explain things clearly. This is particularly important if the inquirer is in a difficult situation. The mufti should be patient and expect a great reward for their efforts.