Ash Shaatibee said: ‘If the person is an absolute layman then perhaps some problems may become apparent to him when he sees the different opinions amongst the scholars of Islamic laws. So it is necessary for the laymen in this situation to return back to making ‘taqleed’ of some of them, as it is not possible for him to make ‘taqleed’ of those with different opinions in the same issue at the same time, solely because this is impossible and the breaching of consensus.
What is obligatory upon the one seeking a religious verdict
It is obligatory upon every Muslim to search for the truth in all affairs, religious as well as worldly. It is not permissible for him to follow falsehood if it becomes apparent to him as being so, even if it was from the worldly affairs. From the characteristics of the believers, as Allah says: ‘And those who turn away from evil vain talk, falsehood and all that Allah has forbidden’ (al Mu’ minoon 23:3)
The Mufti’s knowledge of the different opinions by Shaykh Wasiullah Abbas
We have established with decisive proofs and evidences that it is necessary for the ‘mufti’ and the student of ‘fiqh’ in every era and especially this era, to look in the Quran and Sunnah and know that there is no opinion after the establishment of the Sunnah. Then the Quran and Sunnah are proceeded by the consensus of the companions. Which is proceeded by the individual narrations of the companions.
Obligation of the Mufti to give verdicts with the strongest and most preponderant view along with evidences by Shaykh Wasiullah Abbas
It is compulsory for the ‘mufti’ to search diligently for the ruling in any issue: from the Quran, Sunnah, narrations of the companions, and the statements of the scholars of ‘fiqh’ and other then them in this order as was previously mentioned in the section about ‘fiqh’ of the companions and the scholars of ‘fiqh’.
Seeking and giving religious verdicts and opinions
Al-Fatwa linguistically: as is mentioned in ‘lisan ul Arab’: Aftaa’hu fil amri – gave him a legal opinion, clarified or explained it to him.
Al’Futyaa, al Futwaa, and al Fatwaa: is that which a jurist gives as a legal opinion Al istiftaa’a: means to seek or demand a ‘fatwaa’, as Allah says in the Quran: “They ask you for a religious verdict, Say: Allah instructs (the following) about the one who doesn’t have ascendents nor descendants…” (an Nisa’a 4:176)
Subsidiary Divisions of ‘Fiqh’ by Shaykh Wasiullah Abbas
This section is based upon the understanding that ‘Fiqh ul Akbar’ (The Greater Fiqh)-creed-is only taken from that which is established from Allah and His Messenger , since it does not accept ‘Ijtihad’ nor ‘Qiyas’. As for ‘fiqh’ of the rulings, legislations and subsidiary issues of ‘fiqh’ then this type of ‘fiqh’ accepts ‘Ijtihad’ and ‘Qiyas’. So upon this we say: The subsidiary ‘fiqh’ is restricted and limited to the proofs and evidences contained in the Quran and the Sunnah, they are the two fundamental sources.
Proceeding them (Quran and the Sunnah) is what has been unanimously agreed upon based upon the Quran and Sunnah collectively or individually. Subsequently following the Quran and Sunnah is ‘qiyas’ based upon them both or individually.
‘Fiqh’ in the religion by Shaykh Wasiullah Abbas
‘Fiqh’ in the religion, creed, and actions is the complete religion of Islam and all goodness. The Prophet Muhammad said: ‘Whoever Allah wants good for He gives him fiqh (understanding) of the religion, and verily I am a distributor, and Allah gives and bestows what He wills. Also this Muslim nation will continue to remain firm upon their religion, they will not be harmed by those who oppose them, until Allah’s command is given (i.e. the last day).”