Question : A question was asked as to whether the student of knowledge may give his own legal opinion (fatwa) without also providing legal evidence (dalil).

Fatwa in Brief: A student of knowledge should not give a fatwa without evidence.

Shaykh Ibn Baz, al-Buhuth Magazine, no. 47, p. 173/4

Response:

A student of knowledge is not permitted to give a legal opinion (fatwa). Rather, s/he must spread (yanqil) [the knowledge of] the scholars, from within the established schools, who have attained a sufficient level of learning to make independent judgments [i.e. the mujtahidin].

Commentary:

Scholars who are entitled to give independent fatawa fall into two categories:

1.  Those jurists who are independent and who base their opinions on the legal evidence derived from the Book, from the Sunna and from other sources [i.e. analogy (qiyas) and consensus (ijma‘)], such as the four Imams [i.e. Abu Hanifa, Ibn Malik, al-Shafi‘i, and Ibn Hanbal].

2.  Those jurists who are not independent, but who are associated with those who are. Hence, they base their opinions on what has already been established within their schools, and the main principles at work there.

Conditions to meet before a scholar can provide independent legal judgments include the following: s/he must be Muslim, adult and sane, trustworthy, above matters of corruption or things that detract from his/her prowess [and ability] to make such rulings. Likewise, s/he must be of sound mind, wise and able to make analogical decisions. In addition to a comprehensive knowledge of the Book, Sunna, ijma‘ and qiyas and what is attached to them, s/he must also be knowledgeable of the conditions regarding the use of textual evidence, its significance, and how to derive rulings from this. Thus, s/he must have a grounding in the study of the sources of the law (usul al-fiqh), of the science (‘ulum) of Qur’an, hadith, of the things that abrogate past rulings (nasikh) and those things that have been abrogated (mansukh), of grammar, language, of language derivations, of the disagreements between the scholars as well as their agreements, to the extent that s/he is capable of giving independent rulings. In short, s/he must be knowledgeable of the law, its many categories and branches. The scholar who has all these characteristics is entitled to make independent rulings – s/he has fulfilled all obligations and reached the level of an absolute scholar (mujtahid). S/he is thus capable of summoning his own evidence, and is not required to follow the rulings of a single school.

Within the second category, of scholars [and this is the majority] who have not reached the stage of independent legal reasoning, there are many sub-categories. Each scholar of these sub-categories should strive to learn the body of material that belongs to his school. A scholar who has not achieved this, and proceeds to give an independent fatwa, is guilty of committing a serious sin.

Yet, scholars agree that it is permitted for the imitator (muqallid) to indicate his/her preference for a particular legal ruling. Hence, s/he is entitled to say, for example, “According to al-Shafi‘i’s school, this occurs, and so on [and I agree with this approach]”. There is clearly no harm in this attitude.[1] Accordingly, if the student of knowledge offers his opinion, this be taken from the opinions upheld within the certified law schools; and he should not cast around for his own sources of evidence (adila) [outside of these law schools].

When asked on a matter, the Companions used to direct the questioner to others [when they did not know the answer]. Abu Bakr once said: “where on heaven or earth could I find a place to dwell, if I should speak ignorantly or falsely about the Qur’an?” Indeed, the response, “I do not know” had its own legal status, and was often used by the early jurists. Thus, it was narrated that “There are three kinds of knowledge: a spoken book, a standing Sunna and ‘I do not know’”.[2] Ibn Mas‘ud described the ability to say that one does not know as his/her “suit of armor” (junna). Likewise, when asked to give his opinion on 10 matters, Ibn ‘Umar would respond to one, but decline to answer the other nine. While Imam Malik was asked forty-eight questions and declared that he had no answer to thirty two of these.

These are shining examples of the extent to which the early and most pious Muslims (al-salaf) feared giving an incorrect opinion, regarding a matter that they did not sufficiently about. They were afraid despite the fact that God commanded them to spread the call and warned that Muslims should not hide their knowledge. [In sum] Someone who wishes to spread knowledge [of Islam] should be confident that what he says is accurate; and whoever suggests a new opinion should not be inflexible, or overbearing, about it.

And God knows best.

Shaykh Muhammad Salah al-Munajjid Observes:

[Regarding any subject], a general member of the public that cannot grasp the [range of] evidence, and is incapable of understanding the methods adopted by the people of knowledge [i.e. the jurists] is obligated to imitate the rulings of others. Thus, he should ask the people of knowledge for their opinion. God said:

“Ask the followers of the Reminder if ye know not?”. (Q. 21: 7)

Dr. Yassir ‘Abd al-‘Azim