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 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, , consensus (Ijma’), and analogical reasoning (), 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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/178869
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 178869
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy