Is it permissible to issue a fatwa based on taqlid (adherence to a particular madhab or jurist)?
Scholars hold different opinions regarding the permissibility of issuing fatwas based on (following a qualified scholar):
1. It is not permissible to issue a based on taqlid, because it is not knowledge, and issuing a fatwa without knowledge is forbidden, and a muqallid (follower) is not a scholar. This is the view of most of Imam Ahmad's companions and the majority of Shafi'i scholars. 2. Taqlid is permissible concerning the muqallid himself, meaning he may follow another scholar for his own personal needs, but it is not permissible for the scholar to follow another scholar in what he issues as a fatwa to others. This is the view of Ibn Battah and others. 3. It is permissible to issue a fatwa based on taqlid when there is a need and no mujtahid (independent jurist) is available. This is the soundest opinion and the one acted upon.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 23755
- 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