Is there a difference between adjudication and issuing fatwas?
Machine translationRead the Arabic original
The questioner : Well, a question regarding this report, O Shaykh, and the report is from 'Umar: "This is in accordance with our judgment."
The Shaykh : Yes, and this is in accordance with what we judge by now.
The questioner : Or what we have issued fatwas on? Is there a difference between them, or is there no difference?
The Shaykh : Between issuing fatwas and adjudication?
The questioner : Yes.
The Shaykh : Of course, there is a difference between issuing fatwas and adjudication, because not every mufti is a judge.
Abu Malik: And likewise, not every judge is a mufti, but the two may coincide.
The questioner : There is a relationship of generality and specificity between them.
The Shaykh : Yes, so the point is...
Abu Malik: There is a difference between them.
The Shaykh : Please go ahead.
Abu Malik: The difference is that the judge's ruling is binding, whereas the mufti's ruling is not binding.
The Shaykh : What
The Shaykh : Yes, and this is in accordance with what we judge by now.
The questioner : Or what we have issued fatwas on? Is there a difference between them, or is there no difference?
The Shaykh : Between issuing fatwas and adjudication?
The questioner : Yes.
The Shaykh : Of course, there is a difference between issuing fatwas and adjudication, because not every mufti is a judge.
Abu Malik: And likewise, not every judge is a mufti, but the two may coincide.
The questioner : There is a relationship of generality and specificity between them.
The Shaykh : Yes, so the point is...
Abu Malik: There is a difference between them.
The Shaykh : Please go ahead.
Abu Malik: The difference is that the judge's ruling is binding, whereas the mufti's ruling is not binding.
The Shaykh : What
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.