Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In Ibhaj v. 3, p. 268, Ibn al-Subki stated that the majority opined that if one has deep knowledge of an authority’s Madhhab while possessing awareness of the evidence and the ability to review and assess matters according to the Madhhab’s principles, then he may give fatwa; otherwise, he may not.

In Adab al-Fatwa wa al-Mufti wa al-Mustafti p. 22-31, Imam Nawawi addressed details on the levels of muftis. Then, on page 32, he mentions the case of a person who has memorized some fiqh writings without possessing the necessary qualifications of a mufti. And in the case that the layperson does not find another to answer his question, so then may he refer to him?

To this, Imam Nawawi answered that if in another place there is a mufti, and the questioner has a way to get his question answered there, then he must ask the qualified mufti. If not, then he may refer his question to the unqualified individual so long as that individual: finds an exactly corresponding answer from a trustworthy book, provides the answer just as documented there, and is a person who’s information may be trusted.

Thus, if one cannot find a reliable scholar to ask, while there is a reliable individual who can soundly convey an authority’s opinion, like such-and-such an imam said, “an intention is obligatory in ablution,” for example, then it is permissible. On more intricate or unprecedented issues, then a greater degree of ability is required. If one is qualified, he may answer. Otherwise, the matter should be referred to those more able.

In ifta’, ability is decisive in who may issue fatwa and who may not. In ‘Umdat al-Mufti wa al-Mustafti, Sh. Ahdal mentioned that ‘ifta is not contingent on ijazah [a license]; rather ahliyyah [ability] is essential.

The ultimate guide in the life of a Muslim is the Qur’an and the Prophet Muhammad’s Sunnah. When advising Muslims on their religious affairs it is expected that the scholars will turn to the revelation and way of the revelation’s exemplar – the guidance therein is profound. Those needing answers on religious affairs must refer to scholars well-versed and knowledgeable in these primary sources as well as how guidance is derived from them.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.