The Ruling on Issuing Fatwas on Matters of Jihad in the Absence of Scholars
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Question:
I seek forgiveness from Allah. Is it obligatory for people to appear with the core issues and matters of jihad when the scholars of their land are absent, and it is difficult to contact others in the state of their land? Abu Bayan is successful?
Answer:
It is not permissible for anyone to issue a fatwa except the scholars of knowledge. It is not permissible to issue fatwas on matters, especially the concise matters, the general and decisive matters. It is not permissible to issue a fatwa in them except the scholars of knowledge. Also, it is not permissible for a single scholar to differ in them. In this time, there must be a fatwa authority, a scholarly body, where the scholars gather and consult on the matter, as Allah the Exalted said: "And when there comes to you from the people a bearer of news, verify it."[An-Nisa 4:83] For example, my matter, it is necessary that this be presented to a group of scholars, even if it increases that he is established by his knowledge and his piety, as 'Umar (may Allah be pleased with him) did when a matter came, he gathered the Muhajireen and the Ansar, and he, 'Umar, did not seek a fatwa himself; he gathered the Muhajireen and the Ansar and consulted them on this matter of the decisive issues. As for the apparent matters, if a person has knowledge and a questioner asks him a question specific to him, then he gives him what he has of knowledge. As for the general matters, he does not give a ruling in them except the scholars of knowledge and opinion and the people of trust who strive in the matter and discuss it; perhaps some of them have what others do not, and they cooperate in solving it. Problems and difficulties are part of the target. Yes.
I seek forgiveness from Allah. Is it obligatory for people to appear with the core issues and matters of jihad when the scholars of their land are absent, and it is difficult to contact others in the state of their land? Abu Bayan is successful?
Answer:
It is not permissible for anyone to issue a fatwa except the scholars of knowledge. It is not permissible to issue fatwas on matters, especially the concise matters, the general and decisive matters. It is not permissible to issue a fatwa in them except the scholars of knowledge. Also, it is not permissible for a single scholar to differ in them. In this time, there must be a fatwa authority, a scholarly body, where the scholars gather and consult on the matter, as Allah the Exalted said: "And when there comes to you from the people a bearer of news, verify it."
But if they had referred it back to the Messenger or to those of authority
وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَىٰ أُولِي الْأَمْرِ
Source
الفتوى في النوازل ومسائل الجهاد — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
