Islamic law (fiqh) is knowledge of practical legal rulings derived from their specific evidences. In other words, Islamic law makes up the corpus of positive law for Muslims. Ifta’ (the act of issuing fatwas) demonstrates a ruling for an unclear situation for which a ruling is required. In this regard the mufti studies a certain worldly situation or predicament, then turns to the corpus of Islamic law to take a ruling that best suits the situation while fulfilling the greater goals of Islamic law. The result, a fatwa, is a non-binding legal opinion that serves to guide one out of their difficulty. The jurist, however, is the one who deals solely with Islamic law, and produces rulings without looking into a specific worldly situation or predicament; it is pure jurisprudence. This comes from years of training in how to derive rulings from their specific evidences in the primary sources of Islamic law while fulfilling its greater goals. Furthermore, a judge (the adjudicator) enters a certain situation to change a predicament by issuing an obligatory ruling to the parties involved.
This can be made even clearer by using alcohol as an example:
- A jurist will say that alcohol is prohibited according to Islamic law due to the evidence found in the verse, “O you who believe! Strong drink and games of chance and idols and divining arrows are only an infamy of Satan's handiwork. Leave it aside in order that ye may succeed.” (Qur’an 5:90)
- A mufti would say to one who is in a dessert and dying of thirst, “you must drink alcohol despite it being prohibited in order for you to survive.” because the mufti would apply the general rule of taking the lesser of two evils.
- A judge would be the one to carry out a punishment for the one who unlawfully drinks alcohol, sparing the one in the dire situation.
The process of issuing fatwas is a highly regarded act in Islam and is considered a communal obligation (fard kifayah). If one or a group administers it, it suffices for the whole community. The act of soliciting fatwas can be an obligatory act on an individual if they are faced with a situation requiring one. Imam al-Nawawi said, “it is obligatory for one to ask for a fatwa if they experience something that requires a ruling of the shariah to be known. If one does not find in their area one to turn in order to ask for a fatwa, then they must travel to an area where there is a mufti even it be far from their home.” Nawawi, Yahya ibn Sharf al-Majmu’ Sharh al-Muhadhab (Cairo: Matba’at al-‘Asima, 1966) 1:89.
Conditions of a Mufti:
A Mufti must fulfill the following conditions in order to issue fatwas:
- That they be a Muslim
- That they be of sound rational faculties
- That they be of age, i.e. adults
- That they have requisite shariah knowledge
- That they be specialized, i.e. that they have studied the trade of issuing fatwas and have been authorized to do so.
- That they be just and upright
- That they have creative imagination. This means that they are able to picture the question in their minds correctly.
- They must have intelligence and are alert throughout their work.
Although not a formal condition, it has become increasingly necessary in today’s age to demonstrate ease in issuing fatwas to people. This is important in order to keep people within the confines of religion by having them follow a legitimate shariah opinion as opposed to being difficult with people and causing them to turn away from religion all together.
The greatest goal a mufti should aspire to is to create a shariah mechanism by which he/she can deal with the juridical tradition of Islam in a way that does not violate it and at the same time does not create hurdles for contemporary Muslims. It is incumbent that this method not be criticized since the conclusion of a mufti is one of opinion and therefore always open to dispute. This follows a principle of Islamic law that whoever is in tribulation due to an issue in which there is a difference of opinion, they are allowed to follow whichever opinion takes them away from their tribulation.