In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 153 (2/17) Iftā: Requirements and Ethics

The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 17th session in Amman, Hashemite Kingdom of Jordan, on 28 Jumādā al-Ūlā – 2 Jumādā al-Ākhirah 1427h (24–28 June 2006), Having examined the research papers submitted to the Academy concerning

Iftā: Requirements and Ethics,

Having listened to the discussions on the subject,

Resolves

First: Definitions of Iftā and Muftī, and Significance of Iftā

The term Iftā refers to providing formal Shariah opinion (fatwā) on a specific is- sue, either on request or for the mere sake of enlightening people on the Shariah ruling regarding an arising subject.

The Muftī is a person who is well versed in Shariah rulings, has sufficient knowledge about the issues and events on which the fatwā is sought and has adequate ability to derive Shariah rulings from their original sources and apply them to issues or events in question.

Therefore, fatwā is a great responsibility because it involves interpretation of the directives of Allāh The Almighty, the Lord of the worlds, and the Muftī elucidates on behalf of Allāh the Almighty and follows the example of the Prophet SAW in clarifying the rulings of Shariah.

Second: Requirements for the Muftī

Iftā should not be assumed or practiced except by those who satisfy the well-es- tablished requirements for issuing a fatwa; most important of these requirements are the following:

1. Knowledge of the Quran, the Sunnah, and related
2. Knowledge about the areas of unanimous agreement and areas of dispute, as well as the various schools and opinions of Fuqahā (Fiqh scholars).
3. Vast knowledge about the Fundamentals of Fiqh (Uṣūl al-Fiqh) and its

principles and rules, objectives of Shariah, and other supporting subjects such as grammar, morphology, rhetoric, linguistics and logic.

4. Knowledge about the situations, customs, traditions of people, circum- stances, emerging issues and events while considering all these (where applicable) in issuing the fatwā as long as they are not in conflict with an Islamic original text.
5. Ability to derive Shariah rulings from the original
6. Seeking the advice of those who have the knowledge and expertise in the relevant area (e.g. Medicine, Economics, etc.) to form a clear complete picture about the issue before issuing a fatwa.

Third: Collective Fatwā

As most contemporary issues are complex and involve more than one aspect, knowledge of such issues and reaching a proper Shariah ruling about them require collective fatwa, which can be obtained only by resorting to Shariah councils, committees, or Fiqh academies.

Fourth: Commitment to and Enforcement of Fatwā

In principle, fatwā is not legally binding, yet it is religiously binding once the proof is established for its validity. In this regard, Islamic financial institutions should observe the fatwās issued by their Shariah boards within the framework of the resolutions issued by the Fiqh academies.

Fifth: From Whom Fatwā Cannot Be Obtained

1. Fatwā should not be obtained from non-specialists who do not satisfy the requirements referred to earlier in this
2. In most cases, the fatwās published in the various media devices do not suit persons other than the fatwā seeker unless the other person is precise- ly in the same position and circumstances as the fatwā
3. Deviant fatwas that contradict the specifically clear texts of the Quran and the Sunnah or oppose the fatwas that have been unanimously agreed upon should be discarded.

Sixth: Ethics of Iftā

The mufti should be devoted to Allāh The Almighty in his fatwā; sedate and calm; knowl- edgeable of surrounding circumstances; virtuous and pious; committed to the rulings of his fatwā whether actions or abstentions; far away from suspicion; unhurried in dealing with analogous and complicated issues; prone to consult- ing others; self-educating; trustworthy with regard to the privacy of others; a

propagandist for worshipping Allāh The Almighty; and honest in what he does not know or what needs more review and assurance.

Recommendations

1. Maintaining continuous communication and coordination between Iftā Councils and Boards in the Muslim world, for exchange of information on emerging issues and new events.
2. Fatwā should become an independent subject that should be studied in Shariah colleges, institutes, and institutions that graduate judges, Imams and preachers/speakers.
3. Seminars should be organized from time to time for disseminating infor- mation about the importance of fatwā, so that fatwā can continuously be sought for emerging issues.

4. Making use of the Academy resolution no. 104 (7/11) on Methods of Benefiting from Fatwā, especially the following recommendations:

   1. Warning against fatwās which lack Shariah basis and appropriate Such fatwās arising from illusionary Shariah-discarded interests, personal desires and inclinations, or customs, traditions and arguments that contradict the principles, rules and objectives of Shariah.
   2. Calling upon individual scholars, boards, Councils and committees that issue Fatwās to take the resolutions and recommendations of the Fiqh Academies into consideration to establish consistency, coordination and unification of fatwas in the Muslim

Indeed, Allāh is All-Knowing.