Who can give a Fatwa?

It is reported that Imâm Mâlik – Allâh have mercy on him – was asked, “Who is allowed to give religious rulings (fatwâ)? He replied:

Issuing fatwâ is not allowed except for a person who knows what the people have differed in. It was said, ‘Do you mean the different views of the people of opinions (those who depend more on analogy and speculation)? He replied, “No, [I mean] the different views of the Companions of Muhammad – Allâh’s praise and peace be upon him. And he must also know the textual evidence that abrogates [other rulings] and that which is abrogated [by other texts], both in the Quran and the hadîth of Allah’s Messenger – Allâh’s praise and peace be upon him. Such a person can issue fatâwâ.

Ibn ‘Abd Al-Barr, Jâmi’ Bayân Al-’Ilm wa Fadlihî article 1529.

It is reported that ‘Abdullâh b. Al-Mubârak – Allâh have mercy on him – was asked, “When can a person issue an edict (fatwâ)?” He replied, “When he is knowledgeable about the narrations (hadith and traditions of the Salaf), and has insight into [juristic] opinion.

Ibid. article 1532.

More:

  1. The Mad Mufti
  2. Some of the Best and Worst People in Society
  3. Beautiful Cursed Women
  4. The Companions’ Sincerity in Knowledge
  5. I sit with the Salaf
  6. Won’t you collect your Share?
  7. The Madhab of Imam Malik

4 Responses to “Who can give a Fatwa?”

  1. abu abdiLLAAH on December 22, 2010 11:07

    Bismi ALLAAH ArRahmaan ArRaheem, essalamoe aleykum
    aghi djazak ALLAAHu gair for ur efforts, may ALLAAH make it a benefit for every sincere Muslim(a), ameen. aghi is it permissible too copy and paste narrations from ur website?

  2. Owais Al-Hashimi on December 22, 2010 15:31

    Wa alaykumus-salam wa rahmatullah,Barakallahu feekum. Please do share any benefit you get here. This is what the site is for. For the purposes of amanah and accountability, please remember to link to the articles on this site when you use them anywhere else.Abu Abdillah Owais

  3. Ali on December 29, 2010 06:54

    As salaamu Alaikum

    Jazakallah Khair for the site akhi.

    Technical question: how did you make the list of scholars on the right hand side ("Browse by name")? is each one of the people a category? Or are they tags and you somehow listed the tags in an alphabetical list?

  4. Owais Al-Hashimi on December 29, 2010 19:52

    Wa alaykumus-salam,

    Barakallahu feek.

    ATM they are tags. You could use the List Tags plugin.