Explaining the danger of the positions of judging and issuing fatwas, and explaining the responsibility that comes with them.

The Shaykh : As for the rulers today, we do not dwell at length on them, especially since the first ruler, the one with the greatest authority, has passed away, unfortunately, since the departure of the Rightly Guided Caliphate. What remains is for the governors, those with specific jurisdictions by virtue of their positions, to advise their community. This is, in reality, a broad matter, and few fulfill the duty of providing proper care in their positions. For example, the most important thing in such jurisdictions is the authority of issuing fatwas and judging. It is presumed that the first Muslim ruler should judge between the people and adjudicate between them himself, because he is the successor to the Messenger of Allah (peace and blessings be upon him). But as we mentioned earlier, since the affairs of the state are very extensive, it is not possible for the first caliph, even if he were one of the Rightly Guided Caliphs, to fulfill all the duties, including the duty of judging between people in their differences regarding the affairs of life. Therefore, it was necessary for him to appoint others to act on his behalf. Today, the deputies are, or include, the judges and the muftis. Their situation is delicate and very dangerous, because the Messenger (peace and blessings be upon him) said, for example, regarding the judge: . Why? Because the judge, above all else, must judge by the truth, and the truth is nothing but what came in the Book and the Sunnah. If it is known today that judges, for hundreds of years, let alone today where the right and the wrong are mixed up, when they judged between disputing parties, did not refer to the Book and the Sunnah where there is explicit text in the matter, such as His saying (Glorified and Exalted is He): . This was when the rulings of the four schools of jurisprudence were the governing factor in guiding Muslims in their various differences, or in all their differences regarding their affairs.
As for today, it is as they say, "adding mud to the clay and a note to the drum," when these judges began to seek fatwas from foreign judges as well, and benefit from them in matters that are not even in the schools of the Muslims. Therefore, the situation of these judges today is more dangerous than before. The one among them who is concerned about his religion is one of two people: either, before taking on the role of judge, he familiarizes himself with the Book and the Sunnah, and if he is able to judge by them, he takes on the role of judge; if he is not able, he withdraws from judging and leaves the matter to someone else, so that he does not become the scapegoat, as he (peace and blessings be upon him) said in the previous hadith: . The same is said regarding the mufti. In fact, the mufti’s situation is easier in one aspect and more dangerous in another. It is easier because he is not bound by systems and laws imposed by the heads of states. It is more dangerous because of the breadth of his scope of work; he may be asked for a fatwa on many, or even dozens, of issues in a single day. Therefore, he must not issue a fatwa unless he knows the ruling from the Book and the Sunnah. All of this falls under his saying (peace and blessings be upon him): . The judge and the mufti, each of them is an amir (leader) over the people, so he is responsible for his ruling, his judgment, and his fatwa between them. He must not judge and must not issue a fatwa except in the light of the Book and the Sunnah. Likewise, the man is a shepherd over his household, and he is responsible for his flock. It is not permissible for a man to be negligent in raising his household, whether women or men. If all the Muslims had fulfilled the duty of care for their households, this corruption that has spread and become widespread among young men and women—Westernization, imitation, effeminacy, and the like of the harms that are seen today, unfortunately, in abundance—would not have been found. Therefore, we must take from this hadith a reminder that alerts us to where we may have fallen short in fulfilling some of the duties toward the household: . The last hadith in this chapter is a weak hadith, so we bypass it and move on, as is our custom.