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Fatwa CenterWho is entitled to issue fatwas?
Question
Assalaamu alaikum. Today, if a person gets an Islamic degree, he is considered a student of knowledge. Are they considered layman, and can they give fatwas? What is the difference between a senior scholar/Mufti and a scholar/‘Aalim, and what kind of fatwa can the senior scholar/Mufti give which the scholar/‘Aalim is not allowed to issue?
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad 
is His slave and Messenger.
The indication of the expression ‘student of knowledge’ differs according to what is meant by it. Some people use this expression to refer to the person who has acquired an amount of Islamic knowledge or one who is qualified to acquire Islamic knowledge and is in the process of studying it.
As regards someone who issues fatwas about the religion of Allah (a Mufti), then he must have knowledge of the issue on which he is giving fatwas with the required evidence, or he quotes the statement of a reliable senior scholar (Imaam) about it.
Ibn Al-Qayyim said in I’laam Al-Muwaqqi'een, when speaking about the conditions that the scholars should fulfill when issuing fatwas and the ruling on the fatwa of someone who follows another scholar in it:
"The third view is that it is permissible to do so when necessary in the absence of a scholar who is qualified to make Ijtihaad (independant reasoning based on knowledge). This is the most correct opinion, and it is the view acted upon. Al-Qaadhi said, 'Abu Hafs said in his comments, ‘I heard Abu ‘Ali Al-Hasan ibn Abdullah An-Najjaad say, 'I heard Abu Al-Husayn ibn Bishraan say, ‘I do not find fault with a man who learned five issues from Ahmad (i.e. Imaam Ahmad ibn Hanbal) and who sits in some corners of the mosque giving fatwas based on them.’'’'"
Therefore, if a Muslim knows the ruling on a particular issue in the Shariah – even if he is imitating a reliable Imaam – it is permissible for him to give a fatwa to someone who asked him about it, and he could even be obliged to do so if the asker did not find someone else other than him to ask about this issue.
We have already explained the difference between the preacher and the Mufti in fatwa 103070, and we also highlighted the qualifications and conditions for issuing fatwas in fatwa 81816. There is no doubt that the people differ in the knowledge which they have, some of them are very grounded in knowledge and some are not.
It is for this reason that regarding the fatwa about major issues that affect the entire nation, it is the scholars who are well-grounded in knowledge who issue a fatwa about them, and it is not any person who may look into this matter. On such matters, we do not go to common seekers of knowledge or those who are known to issue rulings in haste.
Allah knows best.
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