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.
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