FATWA AND MUFTI

Fatwa means a clarification on Deen. Giving Fatwa is the work of a Mufti. A person who is not a Mufti does not have the right to give Fatwa. To give Fatwa without proper training is an insult and a serious offense because it may bring a whole population into error.

A person who has not been trained to treat physical illnesses is a public danger that can even be the cause of murder. In the same way, a person who gives Fatwa without having the proper formation is a danger for the Imaan of the people.

To become a Mufti, first of all, a person should learn the Qur'an, Tafseer of Qur'an, Hadith, Fiqh and the principles of Fiqh in a professional manner under professionals. Thereafter, he should follow a course of specialisation in jurisprudence for one to two years to get the diploma of Mufti. Then he should practice his domain under the supervision of a senior for a considerable period of time in order to be able to start giving Fatwa.

A Mufti always stays in touch with his books. He does not content himself looking at just one or two books to give Fatwa. He verifies it in several books and looks for the official opinion which is approved by the Fuqaha (jurists) before giving a Fatwa because sometimes there are isolated opinions which are not approved. Sometimes it happens that a Mufti may give a Fatwa which is based on an isolated opinion which is disapproved by the great majority of the 'Ulama. Obviously, this will be in contradiction with the Fatwa which is based on the official and approved opinion. People take this to be a difference of opinion and consequently take the liberty to choose that which pleases him. This is very grave and erroneous because a divergence of opinion which is based on the correct knowledge of Deen is acceptable. As for a divergence which ensues due to ignorance or negligence in the verification of sources, it is misguidance.

Deen is a great Amaanat. We should not be dishonest in it. A person who does this sensitive work of fatwa should be well-informed and trained under the supervision of professionals. Carrying out this work without that, is a means of destroying the Deen. This applies to Tafseer-e-Qur'an and Hadith as well. It is not permissible to make the Tafseer or to comment on Hadith without being trained. People should take precautions. Imaan and Deen should not be endangered.

Nowadays, there is the system of using the internet to give Fatwa. People use this means to answer questions along with personal use. This prevents the person from making his own research and from drawing the required conclusion. Finally, he paralyses himself and he can no longer solve a problem by looking in the books. On the other hand, a person who is not an 'Aalim, takes whatever he reads on the internet for granted. And this makes him refuse to believe and accept the opinion of the 'Ulama of his region. This also is a problem which makes every person consider himself to be a scholar. Every person who has a little knowledge believes that he can teach Tafseer, Hadith and Fiqh just by browsing the internet. Thus, they fall in deviation and deviate others too. And yet it is a very sensitive work which requires a very broad and thorough training before embarking on it.

[English version of "Fatwa et Mufti" – Al Jamiat – Vol.7 No.13]