Ruling the people by other than the opinion of the majority
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The fourth question of Fatwa number ( 21294 )
Q4: One of the guides in the Hajj campaign gave a lesson in which he mentioned that it is not permissible for a muqallid to issue fatwas to people based on anything other than the majority opinion, and that only a mujtahid may issue a fatwa other than the majority opinion like Ibn Baz (may Allah have mercy on him), and some of the students of knowledge with us, if
asked before the act is performed, he issues them a fatwa according to the majority school, and if the act has already been performed and he is asked after it, he issues them a fatwa according to what one of the Imams said, other than the majority. The question is: Is what the campaign guide held correct, that one should not issue a fatwa except according to the majority school before and after the act, even if repeating the act would be difficult for the one seeking the fatwa? Please issue a fatwa for us, may Allah reward you.
A4: The mufti issues a fatwa based on what is supported by evidence, if he has the qualification to do so; otherwise, he refers the question to another scholar of knowledge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q4: One of the guides in the Hajj campaign gave a lesson in which he mentioned that it is not permissible for a muqallid to issue fatwas to people based on anything other than the majority opinion, and that only a mujtahid may issue a fatwa other than the majority opinion like Ibn Baz (may Allah have mercy on him), and some of the students of knowledge with us, if
asked before the act is performed, he issues them a fatwa according to the majority school, and if the act has already been performed and he is asked after it, he issues them a fatwa according to what one of the Imams said, other than the majority. The question is: Is what the campaign guide held correct, that one should not issue a fatwa except according to the majority school before and after the act, even if repeating the act would be difficult for the one seeking the fatwa? Please issue a fatwa for us, may Allah reward you.
A4: The mufti issues a fatwa based on what is supported by evidence, if he has the qualification to do so; otherwise, he refers the question to another scholar of knowledge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.