Is it permissible to exercise independent legal reasoning in issuing fatwas if no scholars are available?
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds. We now begin, if Allah wills, with the questions, and we ask Allah to grant us success in giving the correct answer.
The questioner : In the name of Allah, praise be to Allah, and may blessings and peace be upon the best of His creation, our master Muhammad (peace and blessings be upon him), and upon his family and his Companions. A questioner says: Is it permissible for a person to exercise independent legal reasoning in issuing fatwas to some people if there is no one available to issue fatwas, or if it is not easy to ask the scholars?
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
He says: Is it permissible to exercise independent legal reasoning in issuing fatwas if there is no scholar to issue a fatwa for him?
We say: If he is ignorant, how can he exercise independent legal reasoning?
And on what basis does he build his independent legal reasoning?
It is obligatory for one who does not know the ruling to refrain, and if he is asked, he should say: "I have no knowledge." When Allah the Exalted and Majestic said to the angels:[Al-Baqarah 2:31] What did they say? [Al-Baqarah 2:32] As for saying: "If I do not find a scholar to issue a fatwa, I will issue a fatwa myself, hitting the mark or missing," this is an error and is not permissible. It is obligatory to tell the one seeking a fatwa to ask the scholars. And now, praise be to Allah, communication is easy; one can connect by phone, by fast or slow mail. Praise be to Allah, the matter is facilitated. Yes.
Praise be to Allah, Lord of the worlds. We now begin, if Allah wills, with the questions, and we ask Allah to grant us success in giving the correct answer.
The questioner : In the name of Allah, praise be to Allah, and may blessings and peace be upon the best of His creation, our master Muhammad (peace and blessings be upon him), and upon his family and his Companions. A questioner says: Is it permissible for a person to exercise independent legal reasoning in issuing fatwas to some people if there is no one available to issue fatwas, or if it is not easy to ask the scholars?
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
He says: Is it permissible to exercise independent legal reasoning in issuing fatwas if there is no scholar to issue a fatwa for him?
We say: If he is ignorant, how can he exercise independent legal reasoning?
And on what basis does he build his independent legal reasoning?
It is obligatory for one who does not know the ruling to refrain, and if he is asked, he should say: "I have no knowledge." When Allah the Exalted and Majestic said to the angels: