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Juristic Principles Concerning the non-Mujtahid: Part 3

 

This is part 3 of a series of articles. Click here to read Part 2.

Etiquettes of the layman with the mufti.

There are a number of characteristics that the layman must adorn himself with when dealing with a scholar. From amongst the more prominent ones is that he must observe good manners with him. He should honour and respect him. Thus it is not deemed correct that a person behaves with him like the way people usually behave with one another such as pointing with one’s finger to his face or to say inappropriate words. He should not ask him questions when he seems to be irritated, worried or angry.

Some scholars mentioned that it is not befitting for the layman to ask the scholar for the evidence of his judgement in the same gathering where the question was asked. This is in order to prevent a sense of distrust with his statement whereas the legislator has commanded him to ask him and act in accordance with his statement. Moreover, it is possible that the layman may not understand the evidence or how the ruling is extracted from it. It has also been stated that it is permissible for the layman to ask for the evidence without there being any dislike. This is on condition that the person asks earnestly wanting to know the correct position without being obstinate and stubborn. In such a situation the scholar should supply the evidence if it is very decisive in meaning and easily comprehendible by most minds.[1]

Who is entitled to be asked by the layman?

If a layman falls into a situation and wants to know the Islamic ruling regarding it by asking someone, he must be aware that not every individual is qualified to be asked such questions. Rather there are specific conditions which must be fulfilled in order to qualify to be asked. From amongst these conditions: He must have knowledge of the evidences of the shari’ah in general and in detail. He also must be capable of applying the principles of usul to the evidences. However, there still remains a pertinent question: how can a layman know whether the person he asks has met all the conditions of ijtihad?

The scholars have mentioned a number of ways how the layman can know that:

1.   The layman may have known from before that the person he asked was known for his knowledge and integrity.

2.   The one asked could hold an official position of giving fatwa or teaching as well as being generally respected by people. This is all an indication of his competence to issue verdicts. This is especially true if the layman knew that nobody holds such an official position unless they are a mujtahid, otherwise they would not hold such a position.

3.     A person of integrity and experience could inform the layman about the scholar’s competence.

4.     It could be the case that it is widely accepted that the scholar is qualified to issue verdicts.

5.     Referring back to scholars regarding his statements and verdicts.

If the layman does not know whether the person he asks is qualified to do ijtihad, then he should not be asked. In addition to that, the layman must feel contentment and feel assured that the fatwa he is given is in accordance with the ruling of Allah.[2]

Adhering to the fatwa of a mujtahid.

If a layman acted upon a fatwa that was issued to him by a mujtahid regarding a particular circumstance, it is binding upon him to continue acting upon it. In addition to that, it is not permissible for him to go back on the fatwa for another fatwa in that issue. A consensus has been reported regarding this[3] unless the layman knew that the fatwa opposed the shar’i evidences.

If the layman however did not act upon the fatwa of the mujtahid, then it is not binding upon him to adhere to it, unless he believed it to be in accordance with the ruling of Allah (swt) in that issue. In such a situation it will be compulsory for him to act in accordance to that fatwa.[4]

What the layman should do if the mujtahid he initially asked changed his opinion.

What should a layman do if a mujtahid issued a verdict regarding a matter to him and then changed his opinion? Should the layman remain upon the original fatwa or should be act in accordance with the new ijtihad? In such a case, he will fall into one of two situations: either he had acted upon the original ijtihad, which would imply the permissibility for him to remain upon the initial ruling and it not being compulsory to act according to the new ijtihad. This is because it is from the established principles that an “ijtihad is not annulled by another ijtihad.” An example of that being if a judge passed a ruling and then changed his opinion thereafter. Or, he had not acted upon the initial ijtihad. In this situation he should act upon the second ijtihad and not the first.[5]

 


Notes: By Shaikh Sa’d al-Shithri. Translated by Alomgir Ali. 
Sources: www.islam21c.com 
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[1] Sharh al Kawkab al Muneer 4/593, al Faqeeh wal Mutafaqqih 2/98-180.
[2] Sharh al Kawkab al Muneer 4/574.
[3] Sharh al Kawkab al Muneer 4/579, Tayseer at-Tahreer 4/53.
[4] Ibid 4/580.
[5] Ibid. 4/512.

 
 

About Sheikh Alomgir Ali

Ustdah Alomgir has a BA in Arabic & English language and has studied Arabic and Islamic studies in Cairo. He is currently pursuing a degree in Shariah at al Azhar University in Cairo. He has translated a number of books and holds weekly Tafseer classes in London and is a regular Khateeb in a number of mosques in London. He also taught Arabic and Islamic studies at the Tayyibun Institute in London and is currently an instructor for the Sabeel retreats and seminars.

One comment

  1. Why are scholars and imams reluctant to criticise the house of Saud for its unislamic behaviour.Scholars can certainly bring these despotic leaders in the open and help the ummah to a peaceful existence.

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