Fatwa

Mujtahid and Faqeeh

Question

Assalamoalaykum Mufti Sab

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

A mujtahid is someone capable of deducing principles and laws directly from the Quran and Hadith. Command in this requires mastery in language (Nahw, Sarf), mastery in the Quranic sciences, hadith, generational practices passed down, verdicts of the sahabah, consensus of the sahabah, analogical reasoning, abrogations, sequencing, a structure to determine what is acceptable and what is not from the different types of ahadith as well as the different aspects of nuanced language.

Practically speaking, it is not possible for one to find an individual today who will have mastered all these relevant sciences.

A faqeeh is one who has mastery over the traditions of the scholars of his madhab and is able to understand the intricate reasonings behind rulings and the effect of external factors onto a ruling. It goes without saying that this requires years upon years of study begun under the supervision of another faqeeh. Fuqaha will always be found as each madhab will always have men and women who have given their life to further understand and implement their madhab in the most correct and accurate manner.

It should also be understood that both mujtahids and fuqaha are chosen by Almighty Allah and this capability is instilled in them by the divine. Mere skill and proficiency on its own cannot take one there.

And Allah Ta’āla Knows Best

Mufti Bilal Pandor

Concurred by
Mufti Muhammad Patel

Darul Iftaa Mahmudiyyah
Lusaka, Zambia

www.daruliftaazambia.com