Disputes are referred to the judiciary, not to the mufti
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Your Eminence! A divorce that cannot be reversed occurred between a husband and wife. They have a son and a daughter. The daughter was twelve years old when the divorce took place, and the son was approximately eighteen years old. To whom do they go? To the father? Or to the mother? They have been in dispute up to this very moment!
This, may Allah bless you, is referred to the judge. In matters involving a dispute, it is wise that no one issues a fatwa; because one might issue a fatwa based on what he heard from one party, while the other party has evidence to refute the argument. Also, if he issues a fatwa, the party might take this fatwa to use it as an argument against the judge when they sit before him, even though the mufti did not know about the refutation of this argument.
So I advise my brothers, the students of knowledge, that if someone asks them for a ruling in matters involving a dispute, they should say: This is a matter for the judges, so that they do not lead people into evil and tribulation.
This, may Allah bless you, is referred to the judge. In matters involving a dispute, it is wise that no one issues a fatwa; because one might issue a fatwa based on what he heard from one party, while the other party has evidence to refute the argument. Also, if he issues a fatwa, the party might take this fatwa to use it as an argument against the judge when they sit before him, even though the mufti did not know about the refutation of this argument.
So I advise my brothers, the students of knowledge, that if someone asks them for a ruling in matters involving a dispute, they should say: This is a matter for the judges, so that they do not lead people into evil and tribulation.