Fiqh & Fatwa

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Question:

What is the difference between Fiqh and Fatwa? Is it obligatory on every Muslim to follow the fatwa established by scholars or can every Muslim come to their own solution to a contemporary issue based on research on Quran and Hadith?

Fizza

Answer:

Salaam Sister

Many thanks for your query. By Fiqh, we mean Jurisprudence. Islamic Shariah refers to Islamic laws, for which the primary sources are the Quran and Sunnah of prophet Muhammad pbuh. Fiqh deals with issues which have not been covered by Islamic Shariah. For example, the issues of organ transplant and organ donation. Whilst the jurists do look into Quran, Sunnah and Hadith to seek backing and guidance for their opinions, it must be acknowledged, that these regulations are primarily based on human rationality.
 
‪Fatwa literally means an opinion of a scholar on a religious matter. Hence, it is not a matter of belief. One may hold a particular Fatwa to be correct or incorrect, depending upon the evidence - from the Qur'an, Sunnah or common sense - presented to support it. There can be a difference of opinion regarding the accuracy or otherwise of a particular Fatwa. ‬
 
‪It is not obligatory to accept every Fatwa given in the name of religion.‬
 
‪Regarding the last part of question pertaining to finding a solution ourselves on contemporary issues, it depends upon the knowledge and competency of an individual, circumstances and the seriousness of the matter and availability or otherwise of opportunity to seek help from a more learned person.‬
 
‪Every person does not have the intellectual capacity or the knowledge to feel comfortable in deciding on religious issues themselves and may feel more comfortable in seeking guidance or following a particular school of thought or madhab. ‬
 
‪If I do decide to make a decision myself, I must be clear in my mind that my decision is based on what I believe to be right, and is supported by knowledge and reason, it is not just  based on my personal likes or dislikes or convenience.  I must also be clear in my mind that I will be held accountable in front of Allah on the Day of judgement for it.‬
 
‪I enclose links from our sister web site that provide further information on these issues.‬
 
http://www.understanding-islam.com/q-and-a/miscellaneous-issues/usool-ul-fiqh-halaal-and-haraam-in-ibaadaat-and-mu-aamalaat-6584
 
‪http://www.understanding-islam.com/q-and-a/miscellaneous-issues/regarding-fatwas-5848‬
 
http://www.understanding-islam.com/q-and-a/miscellaneous-issues/what-is-the-shari-ah-5070
 
‪If you have any further queries , please do not hesitate to e-mail them to us‬.
 
‪Best regards‬
 
‪Waseem Aslam‬
‪UIUK Web Team‬

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