Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Is the fatwa (scholarly legal ruling) based on the school of jurisprudence of the questioner, or on the evidence?

Machine translationRead the Arabic original
Question:
May Allah reward you. The Honorable Shaykh says: Some muftis (scholars who issue fatwas) in the media may ask the questioner, "Which school of jurisprudence do you follow?" so that they can give him the fatwa according to that school. Is this action correct?

Answer:
No, this is not a correct action. It is obligatory for him to give him the evidence; he gives the ruling based on the evidence, saying, "The ruling is such and such, based on such and such evidence." As for saying, "Which school of jurisprudence do you follow?" the matter is not a matter of choice. We are commanded to follow the Book and the Sunnah, and we do not follow from the schools of jurisprudence except what agrees with the Book and the Sunnah.
We do not follow from the schools of jurisprudence except what agrees with the Book and the Sunnah. So we answer him with the answer we see to be the truth. This is the obligation of the mufti: to answer the questioner with the answer he sees to be the truth and to agree with the evidence, without regard to the schools of jurisprudence. The matter is not a matter of choice.
Source قناة «العلامة الدكتور صالح الفوزان»، هل الفتوى تكون على حسب مذهب المستفتي أم على حسب الدليل؟ لمعالي الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa