Praise be to Allaah.
There are conditions attached to making ijtihaad. Not
every individual has the right to issue fatwas and make pronouncements on matters, unless
he has knowledge and is qualified. He has to be able to know the daleel; the wording and
apparent meaning of the texts; what is saheeh (sound) and what is da’eef
(weak); al-naasikh wa’l-mansookh (what abrogates what); wording and
interpretation of texts; what is specific in application and what is general; what is
stated in brief and what is mentioned in detail. This needs lengthy experience and
practice, knowledge of the various branches of fiqh and where to look for information;
knowledge of the opinions of the ‘ulamaa’ and fuqahaa’, and memorization or
knowledge of the texts. Undoubtedly issuing fatwas without being qualified to do so is a
grave sin, and means that one is speaking without knowledge. Allaah has warned us against
that, when He said (interpretation of the meaning):
“And say not concerning that which your tongues put forth
falsely: “This is lawful and this is forbidden,” so as to invent lies against
Allaah. Verily, those who invent lies against Allaah will never prosper.” [al-Nahl
16:116].
In a hadeeth: “Whoever was given a fatwaa with no proof, his sin
will go back on the one who gave him the fatwaa.” (Saheeh; narrated by Imaam
Ahmad, 2/321). The seeker of knowledge should not hasten to issue fatwas or
to speak on an issue until he has found the source and daleel for what he is saying, and
who has spoken about it previously. If he is not qualified to deal with the matter, he
should pass it on to someone who is better able to deal with it, and he should limit
himself to that which he knows, and continue learning and studying until he is qualified
to make ijtihaad. And Allaah is the Guide to the Straight Path.