If scholars disagree on a fiqh (Islamic jurisprudence) issue, whose opinion should the Muslim follow?
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. In disputed fiqh (Islamic jurisprudence) issues, for the one who follows a scholar without knowing his evidence, which of the two opinions should he follow? Is it the opinion of the more reliable mufti (a scholar who issues fatwas), or the more cautious one? Or is he given a choice and takes the easier one? Please clarify for us the criterion in such matters.
The Shaykh:
Yes, and what does he say?
The questioner:
He says: In disputed fiqh (Islamic jurisprudence) issues, for the one who follows a scholar without knowing his evidence, which of the two opinions should he follow? Is it the opinion of the more reliable mufti (a scholar who issues fatwas), or the more cautious one? Or is he given a choice and takes the easier one? What is the criterion for these matters?
The Shaykh:
This varies depending on the people. If a person is a student of knowledge and knows how to weigh opinions by evidence, he takes what is stronger by evidence from the opinions of the mujtahids (scholars qualified to derive rulings) and muftis (scholars who issue fatwas); he takes what is stronger by evidence. But if he is a layperson who does not know the evidence or how to weigh opinions, he chooses someone he trusts in his knowledge and religion and follows his fatwa (a scholarly legal ruling).
He says: Honorable Shaykh, may Allah grant you success. In disputed fiqh (Islamic jurisprudence) issues, for the one who follows a scholar without knowing his evidence, which of the two opinions should he follow? Is it the opinion of the more reliable mufti (a scholar who issues fatwas), or the more cautious one? Or is he given a choice and takes the easier one? Please clarify for us the criterion in such matters.
The Shaykh:
Yes, and what does he say?
The questioner:
He says: In disputed fiqh (Islamic jurisprudence) issues, for the one who follows a scholar without knowing his evidence, which of the two opinions should he follow? Is it the opinion of the more reliable mufti (a scholar who issues fatwas), or the more cautious one? Or is he given a choice and takes the easier one? What is the criterion for these matters?
The Shaykh:
This varies depending on the people. If a person is a student of knowledge and knows how to weigh opinions by evidence, he takes what is stronger by evidence from the opinions of the mujtahids (scholars qualified to derive rulings) and muftis (scholars who issue fatwas); he takes what is stronger by evidence. But if he is a layperson who does not know the evidence or how to weigh opinions, he chooses someone he trusts in his knowledge and religion and follows his fatwa (a scholarly legal ruling).
Source
قناة «العلامة الدكتور صالح الفوزان»، [1150 /1350] إذا اختلف العلماء في مسألة فقهية، فبرأي من يأخذ المسلم؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
