What is the difference between a Mufti's fatwa and a judge's fatwa, and is a judge's fatwa binding if he is asked about an issue outside the scope of the court, and does this apply to all Sharia issues?
A fatwa does not resolve a dispute, unlike a judge's ruling, which is binding and resolves the dispute. The fatwa of a ruler is not a ruling from him. It is disliked for a judge to issue a fatwa in disputes, or in the court session, according to some scholars; for fear of him supporting his fatwa, or the occurrence of error, or the litigants avoiding his statement with falsehood. Others believe that there is no harm in a judge issuing a fatwa absolutely, as long as the questioner's intention is only to benefit, and not to dispute or litigate.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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