The Relationship of Fatwa with the Understanding of Reality

Question:
He has a second question from a caller in Kuwait who says: “O Shaykh! We hear a lot of people speaking and saying: It is necessary for the scholar to have an understanding of reality (fiqh al-waqi') in order to issue a fatwa. The truth is, O Shaykh, that I have found a contradiction in this; because the religion is constant throughout the ages, as it is a heavenly religion from the Lord of the Worlds. Is this statement correct according to the Shari'ah? Please guide us in light of this question, may you be rewarded.”

Answer:
This requires detail. It is obligatory for the mufti to know the context of the fatwa, and he should not issue a fatwa except with insight, so that he applies the ruling to reality. This is the practice of the scholars when they issue fatwas: if they know the reality, and a questioner asks him about divorce, he asks for details: How was the divorce? How did the divorce occur? Was it one pronouncement or two? And what is the state of the woman? Was she menstruating or in post-natal bleeding? He asks for details so that he applies the rulings of Allah as Allah has legislated. He must have insight. If the questioner asks him, saying: “A man killed another man,” he asks for details: How did he kill him? Was it retaliation (qisas), or was it in self-defense? Did the attacker attack him? How did he kill him? If it was in self-defense, and the attacker attacked him, and he could not ensure his safety except by defending himself, then he is excused. It is prescribed, and there is nothing on him. If he killed him in a case of the fixed punishment (hadd) with the killers, such as the fornicator, and the authority ordered the execution of the hadd upon him, so he killed him with the people, and he stoned him with the people, then he is excused. It is prescribed, and there is nothing on him; he stoned him with the people by executing the hadd.
He was asked about financial maintenance: How is the maintenance for the wife and children? He asks: How many children are there? And what is the custom of the country? So that he knows the maintenance. He informs them of the obligatory maintenance. He provides them with the maintenance known by the standard, so that he gives them a clear argument and a clear fatwa. He relies on evidence, and he asks for details so that the fatwa is in its proper place.
Likewise, regarding the forward sale (salam), if he wants to make a forward sale in something, he asks. So the forward sale must be precise. If it is in food, it must be a known thing and a precise thing, such as wheat, rice, or barley; it must be precise. He understands the reality, and what it is.
He was asked about retaliation, for example: Retaliation in the hand, retaliation in the leg. What is the place of retaliation? Retaliation in the finger, retaliation in the wound, in the head. He clarifies how the retaliation is carried out according to what is agreed upon by the scholars of knowledge. He makes it clear to them so that the fatwa corresponds to reality.
And this is what the scholars did: they understand reality. This is a matter of course. The mufti is to be like this, from the time of the Companions to this day. The mufti must know the context of the fatwa, and he must have insight in the fatwa, so that the fatwa does not fall out of its proper place. He does not rush to issue a fatwa without insight. He must know the question, and have insight in the question and the context of the question, so that the fatwa corresponds to reality. Yes.

The presenter: May Allah reward you with good, O Shaykh, for this blessed guidance.