The Ruling on Taqlid in Fatwa
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Question:
What is the ruling on issuing a fatwa based on taqlid (following a scholar without knowing his evidence)? Is a fatwa valid without citing evidence?
Answer:
That is not permissible. Rather, it is obligatory to cite evidence and examine the proofs, except in a time when no mujtahid (a scholar qualified to derive rulings) is available. The scholars have mentioned that taqlid is permissible out of dire necessity if one is in a place or a village where they cannot access scholars, and there is no scholar there except one who knows the madhhab (school of jurisprudence) of such-and-such—whether the madhhab of Abu Hanifa, the madhhab of Malik, or the madhhab of Ahmad. In that case, he issues fatwas based on what he understands, even if he does not have the ability to know the evidence. This may be permissible according to what some scholars have said. However, as long as it is possible for him to examine the evidence, and as long as it is possible for him to seek the truth through evidence, that is what is obligatory for him.
The Intended Meaning: The original principle is that taqlid is not permissible. This is the original principle: that taqlid is not permissible for a student of knowledge. Rather, he should seek the truth and examine the evidence.
As for the layperson, it is sufficient for him to ask the scholars, and he is obligated to accept what they have ruled for him; because he is not one of those who examines evidence. Rather, he asks the scholars, as Allah (Glorified and Exalted is He) said: : [Surat al-Nahl: 43]. So he must ask, seek the truth, and adhere to the ruling.
As for the student of knowledge, it is obligatory for him to seek the evidence and not be content with taqlid for himself as long as it is possible.
What is the ruling on issuing a fatwa based on taqlid (following a scholar without knowing his evidence)? Is a fatwa valid without citing evidence?
Answer:
That is not permissible. Rather, it is obligatory to cite evidence and examine the proofs, except in a time when no mujtahid (a scholar qualified to derive rulings) is available. The scholars have mentioned that taqlid is permissible out of dire necessity if one is in a place or a village where they cannot access scholars, and there is no scholar there except one who knows the madhhab (school of jurisprudence) of such-and-such—whether the madhhab of Abu Hanifa, the madhhab of Malik, or the madhhab of Ahmad. In that case, he issues fatwas based on what he understands, even if he does not have the ability to know the evidence. This may be permissible according to what some scholars have said. However, as long as it is possible for him to examine the evidence, and as long as it is possible for him to seek the truth through evidence, that is what is obligatory for him.
The Intended Meaning: The original principle is that taqlid is not permissible. This is the original principle: that taqlid is not permissible for a student of knowledge. Rather, he should seek the truth and examine the evidence.
As for the layperson, it is sufficient for him to ask the scholars, and he is obligated to accept what they have ruled for him; because he is not one of those who examines evidence. Rather, he asks the scholars, as Allah (Glorified and Exalted is He) said: :
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَAs for the student of knowledge, it is obligatory for him to seek the evidence and not be content with taqlid for himself as long as it is possible.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.