BENEFIT 457: Iftā vs. Ijtihād: Understanding Their Differences and Applicability to Students of Knowledge

Question: May Allāh reward you with goodness. This questioner asks: Is there a difference between giving fatwa and exercising ijtihād? And is it permissible for a student of knowledge to engage in ijtihād and issue fatwas, or is this a matter exclusive to scholars? Sheikh Sulayman Ar-Ruhaili hafidahullah: Yes, there is no doubt that there is a difference between issuing a fatwa and performing ijtihad. Ijtihad refers to: استنباط الأحكام الشرعية من الأدلة التفصيلية the process of deriving legal rulings from detailed evidence — that is, for a scholar to independently extract rulings from the detailed evidence. This is a lofty status that not everyone can attain, and reaching it requires fulfilling specific conditions. Moreover, ijtihād can be partial; a person may perform ijtihād in a particular chapter if he meets its conditions. As for iftā, it is: الإخبار عن الحكم to convey a legal ruling. The mufti (one who gives a fatwa) may be a mujtahid who issues rulings based on his own ijtihād, or he may be below the level of ijtihād and simply transmits the rulings established by scholars. For instance, many scholars within the four schools of Fiqh are not themselves mujtahids, but they are knowledgeable of the rulings and thus provide fatwas based on established positions. This is similar to what we do — though we are certainly not scholars — we transmit to the people the rulings we have learned, understood their evidences, and reviewed the relevant issues. If we do not know the answer to a question, we say, “We do not know,” and take time to reflect or consult further. At times, the mufti may relay the fatwa of someone else who is trustworthy. He may not be qualified to issue fatwas independently, but when asked about an issue, he may respond by saying, “I heard our teacher, so-and-so, being asked about this matter, and he answered such and such.” ناقل الفتوى مفتي The one who transmits a fatwa is considered a mufti. However, one must not let the sweetness of issuing fatwas lead him to overstep his bounds. Some students of knowledge begin by transmitting fatwas, and they find it pleasing that people ask them questions, and so they start issuing fatwas from themselves. This is impermissible. Giving fatwas is a grave responsibility — you are, in effect, signing on behalf of Allāh, the Exalted, and attributing rulings to His religion. If you give a fatwa without knowledge or based on doubt, then you are among those who lie about Allāh and His Messenger ﷺ. For this reason, one must not take this matter lightly.