Is an ijtihad-qualified mufti considered a disbeliever if he issues a fatwa, following a madhhab, permitting something he knows to be forbidden? And does the ruling differ if he is certain of its prohibition, as opposed to merely inclining towards its prohibition? And does the matter change whether the statement is attributed to its original speaker or spoken by him initially?

A mujtahid (independent jurist) Mufti is not permitted to issue a fatwa that he believes to be contrary to what is correct. However, recounting the view of another scholar in matters where disagreement is permissible is not objectionable. If a mujtahid is asked about a ruling, he is not allowed to issue a fatwa based on the opinion of another, because he was asked about what he himself holds. But if he is asked about the view of another, he may recount it.

As for lying in a fatwa, it is not correct to issue a general ruling of disbelief unless the Mufti believes that which is unlawful to be lawful, for this is disbelief. The disagreement lies in lying about Allah concerning rulings, such as saying: "Allah has permitted such and such, and forbidden such and such." Some scholars have held that lying about Allah and His Messenger, peace be upon him, is disbelief that expels one from the religion, especially in making lawful what is unlawful or making unlawful what is lawful.

As for whoever follows another in contravention of the religion, knowing it to be against the religion, and believes what that مخالف (opponent/dissenter) said rather than what Allah and His Messenger said, then he is a polytheist. Therefore, if a person makes lawful what is unanimously agreed to be unlawful, or alters what is unanimously agreed upon in the Shari'ah, he becomes a disbeliever and apostate by the consensus of the jurists.