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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Mufti Must Gather the Texts Pertaining to the Issue

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Question:
The mujtahid in this present age may reach a conclusion in researching certain issues without arriving at the texts, and he may say that he can issue a fatwa on new matters without gathering the texts. Is it permissible for him to issue a fatwa without gathering the texts pertaining to the issue?

Answer:
As mentioned earlier, it is obligatory for the mufti not to be hasty, and to gather the texts in matters where there is disagreement or possibility, until the truth becomes clear to him.
Likewise, if the fatwa concerns different or complex matters, and there may be danger involved, he should not be hasty until he is reassured about what he is ruling on, until he knows its aspects, and until he understands what follows from this fatwa: does it lead to something more reprehensible or more dangerous than itself?
He must have insight into this matter so that he does not proceed except with knowledge and insight. If he fears that his denial will lead to something more reprehensible, or that his fatwa will cause harm, he should not be hasty; he should be deliberate and consider the matter until the fatwa is appropriate.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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