How can we reconcile what the Usuliyyun (legal theorists)—like Al-Shatibi—stipulate, that a mufti (issuer of religious edicts) should not give the questioner a choice between different opinions, with what we see in the fatwas (religious edicts) of scholars, who do give the questioner a choice between opinions when the difference of opinion is strong?
Fatwas, the circumstances of those seeking fatwas, and the issues themselves vary. Therefore, a mufti is not always obligated to state the preponderant opinion. Sometimes, referring to another authoritative opinion might be more suitable for the situation, as Imam Ahmad did. Scholars differed on whether a layperson is obligated to exert effort in choosing a mufti or can choose whomever they wish. Al-Shatibi holds that they cannot choose freely. According to the latter view, a mufti may offer the inquirer a choice between opinions without prioritizing one. Nevertheless, the preponderant view is that the fundamental principle in issuing fatwas is to choose what is supported by the Qur’an, Sunnah, consensus (Ijma’), and analogical reasoning (Qiyas), and to issue fatwas based on the preponderant opinion, providing evidence and reasoning. A layperson, however, should exert their utmost effort to discern among muftis.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/178869