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Indeed, muftis are considered vicegerents of Almighty Allah due to their awe-inspiring post. Issuing fatwas is a very serious matter that should be given due consideration. The Prophet’s Companions (may Allah be pleased with them all) as well as the succeeding generations after them set great examples in this respect. Many of them are reported to have declined to give their opinion on a certain question before consulting knowledgeable and trustworthy persons on it, and they would not answer any question unless they were quite certain about it.

Responding to the question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi, states the following:

The responsibility of giving fatwa is really serious. Muftis, according to Imam Ash-Shatibi, are representatives of the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) was reported to have said: “Knowledgeable scholars are inheritors of the Prophets.” They represent the Prophet (peace and blessings be upon him) in conveying the rulings of theShari`ah, teaching people their religion, and warning them against falling into sins. Besides, they represent the Prophet (peace and blessings be upon him) in giving new rulings on issues to which there are no explicit and clear-cut rulings in the Shari`ah by means of deducing from (and holding analogies to) the principles and established rulings of the Shari`ah. Muftis thus are, according to Imam Ash-Shatibi, law-givers whose rulings must be followed. It is this aspect that renders them true vicegerents of Almighty Allah in this world.   

Imam Ibn Al-Qayyim considered muftis “vicegerents of Almighty Allah” and wrote his well-known book I`lam Al-Muwaqqi`in-`an-Rab-Al`alamin in this regard. He said in the preface of this book, ‘‘If the post of kings’ vicegerents is of undeniable importance and great influence, how it would be the post of vicegerents of Allah, the Lord of the Earth and Heavens!’’

The righteous predecessors were aware of the awe-inspiring aspect of giving fatwa as well as its importance in Allah’s religion and its great influence on people’s lives. Hence, they would think a thousand times before giving fatwa. They would also hold in high esteem the knowledgeable persons who withheld from giving fatwas on matters that they had no knowledge about, and would hold in contempt those who would find nothing wrong in answering every question posed to them without careful consideration.

The Companions’ Attitude Towards Giving Fatwa

The Prophet’s Companions were the first to set great examples in this respect. Many of them, though of wide knowledge and enlightened understating, would not give their opinion on a certain question before consulting knowledgeable and trustworthy persons on it. The Prophet (peace and blessings be upon him) himself would sometimes withhold from answering a certain question until he would meet Angel Jibreel and ask him about it.     

The Rightly Guided Caliphs, though of wide knowledge, would convene the most honest and knowledgeable Companions to consult and take fatwas from about the complex and thorny questions they faced. It is from this kind of congregational fatwas that unanimity of scholars appeared as a source of authenticating a certain legal opinion.  

Some Companions would avoid answering a certain question altogether or refer it to another person or simply say, “I do not know the answer.’’ For example, `Utbah ibn Muslim said, “I accompanied Ibn `Umar for thirty-four months, during which he many a time would answer the questions posed to him by saying ‘I do not know (the answer).’”

Ibn Abu Laylah also said, “I knew a hundred and twenty persons of the Ansar from the Prophet’s Companions; when one of them was asked a certain question, he would refer it to another person of them, who would refer it, in turn, to another one and so on until it would be referred to the first one. No one of them would report a hadith or answer a question but he wished another Companion had done it instead!”

`Ata’ ibn As-Sa’ib said, “I knew knowledgeable persons who would experience extreme fear on answering a question posed to them lest it would be wrong.”

`Umar ibn Al-Khattab would also say to his Companions, “The readier one of you is to answer any question posed to him, the readier he is to enter the Hellfire.’’

Ibn Mas`ud also said, “I strongly believe that he who gives his opinion on every matter people ask him about is really unwise.”

Ibn `Abbas said, “When a knowledgeable person says on being asked, ‘I do not know (the answer),’ his statement is right and indicates to the questioner a sign to refer the matter to another person.”

Attitude of the Righteous Successors Towards Giving Fatwa

Whenever the most knowledgeable person among the righteous Successors Sa`id ibn Al-Musayyab came to giving a legal opinion on a certain matter, he would say, “O Allah save me from giving a wrong opinion and spare others the wrongness of my opinion.”

Al-Qasim ibn Muhammad, one of the seven eminent jurists in Madinah, was asked about something, but he said, ‘‘I am not good at it.’’ The questioner said, “I came to you in particular, as I know no other knowledgeable scholar.” Al-Qasim said, “Do not be deceived by my long beard and the people’s assembling around me.” An old Quraishi man sitting by him on this occasion said to him, “O brother! Answer it; we have not seen you more brilliant and impressive than you are in today.” Al-Qasim replied, ‘‘I’d rather have my tongue cut than speak about something I have no knowledge about.”    

Ash-Sha`bi was also asked about something but he said, “I do not know the answer.” Upon this one said to him, “Are you not ashamed of saying you do not know it, while you are the most knowledgeable jurist in Iraq ?” Ash-Sha`bi then replied, “The angels themselves were not ashamed to say to Almighty Allah (Glory to Thee: of knowledge we have none, save what Thou hast taught us’) (Al-Baqarah 2:32).” 

Attitude of the Founders of Schools of Fiqh Towards Giving Fatwa

The eminent founders of schools of fiqh also did not find it shameful to refuse giving their personal opinion on a question that they had no knowledge about.

Many times Abu Hanifah was reported to have said ‘‘I do not know the answer” although he was brilliant in answering (difficult) juristic questions and showed great ability in deducing and generating juristic rulings.

Al-Khatib Al-Baghdadi quoted Abu Yusuf as saying, “I heard Abu Hanifah saying, ‘But for fear of Almighty Allah’s wrath that I had not made use of my knowledge, I would not have given fatwas at all to whoever asks me. The person who asks me gets the benefit of knowing the answer anyway, while I bear the responsibility (before Almighty Allah) if it has been wrong!’”

Abu Hanifah also said, “One who gives fatwas and imparts religious knowledge freely without thinking that Allah would bring him to account by asking him, How come you give fatwas without possessing the required knowledge to give them? Such a person is putting himself and his religious commitment at stake.

Imam Malik showed far greater cautiousness in this regard. For example, he said, “When a scholar is asked a question, he should first consider to where he will be admitted in the Hereafter, the Paradise or the Hellfire, and reflect upon how he will save himself from punishment on that Day, and then he can answer the question.”

Ibn Al-Qasim reported, “I heard Malik saying ‘I am reflecting on a juristic question for more than ten years now and I have not reached an answer yet.’”

Ibn Mahdi also quoted Malik as saying “I may spend a whole night meditating upon one juristic question.”

Mus`ab as well reported, ‘‘My father asked me to take a person who has a problem to Malik to ask him about a solution to it. When I did, Malik said ‘I do not have a solution to it. Ask the knowledgeable people about it.’”

Ibn Abu Hassan said about Malik, “Once, Malik was asked twenty-two juristic questions, yet he did not answer more than two questions of them, saying every now and then ‘There is neither might nor power except with Allah.’”

Sometimes Malik would say on being asked a juristic question, “(Religious) knowledge is far wider than this.”

Once upon his saying statements of this kind, some people said to him, “If you [with all that knowledge] say you do not know, who else would?” He replied, “What are you saying? You do not know me well! I am nobody! What is it that distinguishes me from you so that I know what you do not know?” He then quoted Ibn `Umar as saying “I am not as knowledgeable as you think me to be; I am nobody! It is self-conceitedness and seeking prominence in society that bring about ruin to people, and thus few are the people who have true knowledge.”

Mus`ab also related, “Once, Malik was asked about something and he said, ‘I do not know the answer.’ The questioner, who was an influential person, said, ‘It is an easy question and I just want to inform the prince about an answer to it.’ Malik replied, ‘An easy question! There is nothing easy in (religious) knowledge. Have you not heard Almighty Allah’s words (Soon shall We send down to thee a weighty Message) (Al-Muzammil 73:5)? Knowledge of this message is thus not as easy as you say, especially when it comes to asking about fatwas derived from it!’”

Malik was also reported to have said every now and then on giving fatwas, ‘‘There is neither might nor power except with Allah’’ and(We deem it naught but a conjecture, and we are by no means convinced) (Al-Jathiya 45:32).

Abu Dawud reported that once Imam Ahmad was asked to give his personal juristic opinion on a question, but he said, “Let us not tackle such innovated matters.”

Abu Dawud also said, “Many times I heard Imam Ahmad saying (when asked to give his opinion) on controversial scholarly issues ‘I do not know.’”

Once, a man came to Imam Ahmad and asked him to give his personal opinion on a certain matter, but he said, “I have no answer to it.” Then he cited the statement of `Abdullah ibn Mas`ud referred to above.

Based on the above, the attitude of the righteous predecessors towards giving fatwas shows how wisely they shouldered their religious responsibility and how mindful they were of Almighty Allah in this respect.