The Ruling on Fatwas and Referring to Scholars When Fatwas Differ
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Question:
The questioner says: Many people today ask about certain issues where there is disagreement in the fatwa. When we say that so-and-so, a scholar, has issued a fatwa on the prohibition of something, they ask: What is it? What is the wisdom? What is the cause? How should I respond to people like this, especially in a time when fatwas differ and disagreement is widespread? I hope you will clarify this, may Allah preserve you.
Answer:
First, a fatwa is not for just anyone. A fatwa is for the firmly grounded scholars to whom the responsibility of issuing fatwas has been entrusted in the country. People should refer to them in general matters. It is not permissible for anyone to issue fatwas on general matters that concern the Muslims except the specialized authority for fatwas. Is it the right of every person to issue a fatwa on these matters?
[An-Nisa 4:83], so it is necessary that those in authority are the scholars and the rulers. They are those in authority, so people should refer to them in political and religious matters. They are the ones who resolve problems. Is it the right of every person to sit in his place, mix things up, and say, "I resolve problems"? Even if so-and-so issued a fatwa, or the committee issued a fatwa, or the Council of Senior Scholars issued a fatwa, he says, "I know more than them, and I..." This is not permissible. This is issuing a fatwa. This is one thing. The second thing: if the fatwas of the scholars differ, and they are not pretenders to knowledge, but the fatwas of the recognized scholars differ, then if a person is a scholar or a capable student of knowledge, he should weigh the statements and fatwas, balance them, look for the one closest to the evidence, and follow it, leaving what contradicts the evidence if he has the ability. If he does not have the ability and is a layperson, he asks the scholars. He asks the scholars and follows what they rule. Allah the Exalted said: [An-Nahl 16:43] So if a matter is difficult for you and there are different statements and fatwas regarding it, ask the scholars which of these statements is stronger and which is closer to the truth? You do not know which is stronger, so ask those who know how to determine which is stronger.
The questioner says: Many people today ask about certain issues where there is disagreement in the fatwa. When we say that so-and-so, a scholar, has issued a fatwa on the prohibition of something, they ask: What is it? What is the wisdom? What is the cause? How should I respond to people like this, especially in a time when fatwas differ and disagreement is widespread? I hope you will clarify this, may Allah preserve you.
Answer:
First, a fatwa is not for just anyone. A fatwa is for the firmly grounded scholars to whom the responsibility of issuing fatwas has been entrusted in the country. People should refer to them in general matters. It is not permissible for anyone to issue fatwas on general matters that concern the Muslims except the specialized authority for fatwas. Is it the right of every person to issue a fatwa on these matters?
And when there comes to them information about [public] security or fear, they spread it around. But if they had referred it back to the Messenger or to those of authority among them, then the ones who [can] draw correct conclusions from it would have known about it.
وَإِذَا جَاءَهُمْ أَمْرٌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَىٰ أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْSo ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ
Source
الخلاف في الفتوى — alfawzan.live
The Arabic text is a machine transcription of the audio recording.